2004-022-RES CITY WIDE SPECIAL ELECTION
RESOLUTION NO.2004-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, ORDERING A CITY-WIDE SPECIAL ELECTION TO BE
HELD IN THE CITY OF PARIS ON THE THIRD SATURDAY IN MAY
2004, THE SAME BEING THE 15TH DAY OF MAY 2004, BETWEEN THE
HOURS OF 7:00 O'CLOCK A.M. AND 7:00 O'CLOCK P.M., ON THE
QUESTION OF EXEMPTING THE CITY OF PARIS AND THE PARIS
FIREFIGHTERS RELIEF AND RETIREMENT FUND FROM THE
APPLICATION OF ARTICLE XVI, SECTION 66 OF THE TEXAS
CONSTITUTION, ENTITLED "PROTECTED BENEFITS UNDER
CERTAIN PUBLIC RETIREMENT SYSTEMS"; PRESCRIBING THE
FORM OF THE BALLOT; PERMITTING ONLY RESIDENT QUALIFIED
VOTERS TO VOTE; PROVIDING FOR EARLY VOTING; PROVIDING
FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR NOTICE
OF THE ELECTION; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas, by adoption of House Joint Resolution
No. 54, provided for submittal of a new Article XVI, Section 66 to the Texas Constitution to the
electorate of the State of Texas; and,
WHEREAS, the aforesaid Article XVI, Section 66 to the Texas Constitution was adopted
by a majority vote of the electorate of the State of Texas; and,
WHEREAS, as a consequence of the adoption of said Article XVI, Section 66 to the Texas
Constitution, entitled "Protected Benefits Under Certain Public Retirement Systems," the Paris
Firefighters Relief and Retirement Fund would be subject to the provisions of said Article XVI,
Section 66; and,
WHEREAS, by virtue of falling under said constitutional provision, the City Council of
the City of Paris, following the effective date of said provision, is prohibited in making a change
to the service or disability retirement benefits or death benefits for the Paris Firefighters Relief and
Retirement Fund which would result in a reduction of or otherwise impair benefits available to a
person covered by said retirement fund; and,
WHEREAS, Article XVI, Section 66 authorizes the City Council of the City of Paris, as
a political subdivision governed by said constitutional provision with a retirement system falling
under said constitutional provision, to seek exemption from the provisions of Article XVI, Section
66 by submitting the issue of said exemption to the voters of the City of Paris; and,
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WHEREAS, Article XVI, Section 66 provides that any such election seeking exemption
must be held on May 15,2004; and,
WHEREAS, without presenting said matter to the voters of the City of Paris, the City
Council would thereafter be permanently prohibited from exercising local discretion in reducing
the benefits payable to employees covered by the Paris Firefighters Relief and Retirement Fund;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That a special election shall be and is hereby ordered to be held city-wide in
all Council Districts of the City of Paris, Paris, Texas, on Saturday, May 15,2004, between the
hours of 7:00 o'clock a.m. and 7:00 o'clock p.m., for the purpose of submitting to the qualified
voters of the City of Paris one proposition on the question of exempting the City of Paris and the
Paris Firefighters Relief and Retirement Fund from the application of Article XVI, Section 66 of
the Texas Constitution, entitled "Protected Benefits Under Certain Public Retirement Systems."
Section 3. That the City Clerk of the City of Paris shall be and is hereby directed to
prepare the necessary documents and to proceed in acquiring the ballots such that the vote shall
be held upon an official ballot prepared in such a manner as will permit the voters of the City of
Paris to vote "For" or "Against" the proposition submitted, with the proposition to be expressed
on the official ballot in accordance with Article XVI, Section 66 of the Texas Constitution, in a
form substantially as follows:
"PROPOSITION NO.1 That the City of Paris and the Paris Firefighters Relief
and Retirement Fund should be exempted from the application of Article XVI,
Section 66 of the Texas Constitution, entitled 'Protected Benefits Under Certain
Public Retirement Systems.'"
Section 4. That the polling places and election officials of such election shall be as
follows:
District One (1):
Polling place:
Red River Valley Fair Grounds, Building B
570 E. Center Street
Officials:
Edith Bills , Presiding Judge
Frankie Dangerfield. Alternate Presiding Judge
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District Two (2):
Polling place:
Officials:
District Three (3):
Polling place:
Officials:
District Four (4):
Polling place:
Officials:
District Five (S):
Polling place:
Officials:
District Six (6):
Polling place:
Officials:
City of Paris Police & Courts Building
811 Bonham Street
Thetis Elder , Presiding Judge
Addie Bufford , Alternate Presiding Judge
Travis Jr. High School
3270 Graham Street
Robert White , Presiding Judge
Frankie White , Alternate Presiding Judge
Cecil Everett Elementary (N. Lamar)
3201 Lewis Lane
Deanna Manning , Presiding Judge
Delores Stowe , Alternate Presiding Judge
City Hall Annex West
150 1st Street S.E.
Wanda Thar.p , Presiding Judge
Gwendolyn Walker , Alternate Presiding Judge
Paris Junior College
Applied Technology Building
2400 Clarksville Street
Bob Burk , Presiding Judge
Bob Bolin , Alternate Presiding Judge
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District Seven (7):
Polling place:
Ramseur Baptist Church
3400 Lamar A venue
Officials:
James R. Hicks , Presiding Judge
Jessie Bolton , Alternate Presiding Judge
Section S. That the Presiding Judge of the respective voting boxes shall designate and
appoint at least two (2) and not more than four (4) competent and qualified clerks for such
respective polling places and voting boxes as may be required for the efficient conduct of said
election.
Section 6. That early voting for the election described in Section 1 above shall be
conducted under the direction of the City Clerk by herself and her deputies as ordered in separate
order herefrom, beginning on the 28th day of April, 2004, through the 11th day of May, 2004,
Monday through Friday, between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m.
Section 7. That the polling place and election officials for early voting of said election
shall be as follows:
EARLY VOTING:
Polling Place:
City Hall Annex West
150 1st Street S.E.
EARLY BALLOT BOARD:
Officials:
Shirley Taylor , Presiding Judge
Deanna Manning , Alternate Presiding Judge
Section 8. That there is hereby created an early voting ballot board which shall consist
of the presiding judge and the alternate presiding judge appointed in Section 7 above, and at least
two other members to be appointed by said presiding judge. The early voting ballot board shall
carry out the duties enumerated in Chapter 87 of the Election Code of the State of Texas.
Section 9. That such election shall be held in accordance with the laws of the State of
Texas governing general and municipal elections, insofar as the same may be applicable, and with
the provisions of the City Charter and Ordinances or the City of Paris, wherein said Charter and
ordinances do not conflict with state law and the above-described Order.
Section 10. That the City Clerk of the City of Paris is hereby directed and instructed to
cause the posting of a properly executed Notice of Election pursuant to this order of election,
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signed by the Mayor of the City of Paris and attested by the City Clerk, on the bulletin board in
the City Clerk's Office, on the board provided for notices at the City Hall door, and at each of the
polling places designated above, which are within each district in which the election is to be held,
not later than the twenty-first (21st) day before election day; further, a properly executed copy of
such Notice of Election shall be published at least one time not earlier than the thirtieth (30th) day
nor later than the tenth (lOth) day before election day in at least one (l) daily newspaper published
in the City of Paris, and a copy of the notice shall be filed with the City Clerk of the City of Paris,
together with the posting officer's return and the newspaper certificate of publication.
Section 11. That the pay of the judges and clerks of said election is hereby authorized and
established as follows: $8.00 per hour for each judge and clerk; the election judge who delivers
the returns of said election immediately after the votes have been counted to the proper office shall
be paid an additional sum of $25.00 for that service, provided also, he shall make return of all
election supplies not used when he makes return of such election.
Section 12. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED by the City Council of the City of Paris in regular meeting,
at the City Hall of said City, on this 9th day of February, 2004.
0~" I .' C.,. )p
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Curtis Fendley, M~or
ATTEST:
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APPROVED AS TO FORM:
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