14-Canvassing the return for the Special City-Wide Election
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
05/18/11
Council Date: City Council Mayor Biard 14.
05/23/11
RECOMMENDED MOTION:
Move to approve a Resolution canvassing the returns for the May 14, 2011 City-Wide Election held on
May 14, 2011, to consider proposed Amendments to the Charter of the City of Paris
POLICY ISSUE(S):
Election procedures
BACKGROUND:
A special election was held in the City of Paris, Texas, on May 14, 2011, to consider proposed Charter
Amendments as follows:
Proposition 1: Amend Section 16, "Number, selection, term," to change the term limits for city council
members in order to provide continuity for the community, so that the first sentence of the last paragraph
shall read as follows:
The members of the city council shall serve not more than three consecutive two-year terms, after
which two years must pass before they are again eligible to serve on the council.
Of the votes cast at the special election, there were 836 "For" in favor of Proposition No. 1
and 405 "Against" votes were cast in opposition to Proposition No. 1.
Proposition 2: Amend Section 35, "Independent annual audit," to be more consistent with state law by
allowing the city to enter a multi-year contract with a certified public accountant to conduct the annual
audit, so that the first sentence of Section 35 shall be amended to read as follows:
The city council shall designate a certified public accountant to conduct an independent audit of the
City's financial records each fiscal year and report their findings to the City Council. Selection of the
certified public accountant shall be in compliance with state law dealing with the procurement of
professional services. The Council may contract with the certified public accountant to perform
financial audit services for more than one year.
Of the votes cast at the special election, there were 1,052 "For" in favor of Proposition No. 2
and 171 "Against" votes were cast in opposition to Proposition No. 2.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution and unofficial tabulation
ACTION: BUDGET INFO:
❑ Financial Report ❑ Minute Order Expense $
❑ Department Report ® Resolution Budgeted Amt. $
❑ Presentation ❑ Ordinance YTD Actual $
❑ Public Hearing ❑ Other Acct. Name
Acct. Number
City of Paris Revised 2/04/08
78
FISCAL NOTES:
REVIEWED AND APPROVED BY:
® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ® Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
79
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
CANVASSING THE RETURNS FOR THE MAY 14, 2011 CITY-WIDE SPECIAL
ELECTION ON THE PROPOSED AMENDMENTS TO THE CHARTER OF THE
CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 1401 day of February, 2011, the City Council of the City of Paris
passed Resolution No. 2011-009, ordering a special city-wide municipal election for the
City of Paris to be held on May 14, 2011, for all qualified voters of the City of Paris, for the
purpose of voting on proposed amendments to the Charter of the City of Paris; and,
WHEREAS, on May 14, 2011, pursuant to Resolution No. 2011-009, a special
city-wide election was held in the City of Paris, Texas at which qualified voters were given
the opportunity to vote for or against two proposed amendments to the Charter of the City
of Paris; and,
WHEREAS, in accordance with the March 15, 1976 Order issued by the United
States District Court for the Eastern District of Texas, in Civil Action No. P-75-3-CA, and as
provided by the Paris City Charter and the laws of the State of Texas, such election was
conducted and held at the specified and designated polling places for all seven (7) Voting
Districts; and early voting of the City of Paris, Texas; and,
WHEREAS, sealed returns of said election for all seven (7) Districts, made by the
duly appointed and designated election officials of and for the respective voting districts,
having been made to the Mayor and City Council of the City of Paris, as required by law, and
the City Council has carefully and accurately examined and canvassed the returns and
tabulated the results of the election;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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 was held city-wide in all Council Districts of the
City of Paris, Texas on Saturday, May 14, 2011, for the purpose of submitting to the
qualified voters of the City of Paris two proposed amendments to the Charter of the City of
Paris in the form as follows:
"Proposition 1: Amend Section 16, "Number, selection, term," to change
the term limits for city council members in order to provide continuity
for the community, so that the first sentence of the last paragraph shall
read as follows:
The members of the city council shall serve not more than three
80
consecutive two-year terms, after which two years must pass before they are
again eligible to serve on the council."
❑ For the Charter Amendment ❑ Against the Charter Amendment
"Proposition 2: Amend Section 35, "Independent annual audit," to be
more consistent with state law by allowing the city to enter a multi-year
contract with a certified public accountant to conduct the annual audit,
so that the first sentence of Section 35 shall be amended to read as
follows:
The city council shall designate a certified public accountant to conduct
an independent audit of the City's financial records each fiscal year and
report their findings to the City Council. Selection of the certified public
accountant shall be in compliance with state law dealing with the
procurement of professional services. The Council may contract with the
certified public accountant to perform financial audit services for more than
one year.
❑ For the Charter Amendment ❑ Against the Charter Amendment
Section 3. That a canvass of the returns of the special election and a tabulation of
the votes cast therein "For" and "Against" Proposition No. 1, reflect that a majority of the
qualified voters of the City of Paris, Texas, voted "For" Proposition No. 1. A copy of the
tabulation is attached hereto as Exhibit "A."
Section 4. That a canvass of the returns of the special election and a tabulation of
the votes cast there "For" and "Against" Proposition No. 2 reflect that a majority of the
qualified voters of the City of Paris, Texas, voted "For" Proposition No. 2. A copy of the
tabulation is attached hereto as Exhibit "A."
Section 5. That from the foregoing canvass of the returns of the votes in Council
Member Districts 1, 2, 3, 4, 5, 6, and 7 and early voting, it is declared and determined that a
total of 836 "For" votes were cast in favor of the Proposition No. 1, and a total of 405
"Against" votes were cast in opposition to Proposition No. 1.
Section 6. That from the foregoing canvass of the returns of the votes in Council
Member Districts 1, 2, 3, 4, 5, 6, and 7 and early voting, it is declared and determined that a
total of 1,052 "For" votes were cast in favor of the Proposition No. 2, and a total of 171
"Against" votes were cast in opposition to Proposition No. 2.
Section 7. That it is hereby ORDERED and DECLARED that the City Charter of the
City of Paris be, and here is amended to conform to said propositions and the same are
hereby declared to be adopted.
81
Section 8. It is further ORDERED that the Mayor is hereby authorized and
directed to certify to the Secretary of State an authenticated copy of these amendments to
the City Charter under City Seal and the City Clerk shall record said amendments in the
official records of the City of Paris. Upon the recording of this resolution declaring the
Charter amendments to be adopted, such amendments shall be considered a public act and
all courts shall take judicial notice of the same and no further proof shall be required of
such amendments in any court.
Section 9. That it is the intention of the City Council of the City of Paris that this
resolution and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provision of this resolution shall not affect the
validity of any other portion of this resolution.
Section 10. That this resolution shall be effective from and after its date of passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Paris
convened pursuant to the directions of the Election Code of the State of Texas and the Open
Meetings Act of the State of Texas, this 23rd day of May, 2011.
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
82
:32
rt~ar;rt
. i MMERht4N 14. 17 r1 7
4~~ l .33 77 r
Mm -r >:or District
ti'i k:CrHES 163 23.66 t4 1 ?E,
i,A242 35.12 98
7:35 f1
A-1. 284 41.22 1r),? ?;l 114
f' E! CT?ON. ?ROPOSIT77.'4 N,`.. 1
f l~diranca 704 58.55 4U3 23 178
Ac. the Ord °i:it 541 43.45 318 214
AMENDMENT, PROPOSIIION I
Ft .,carter Arnendmen! . 836 67.37 466 23 347
nst the Charter Amendment. . . . 405 32.63 255 143
CHARTER AMENDMENT. PROPOS111ON 2
VOTE FOR
For the Charter Aiiendment 1.052 86.02 5'49 27 426
Against the Charter Amendment. 171 13.98 106 2 63
83
~t kEt'C1R7 6ROL1' C}ETAit. C! : f P-i LL 30A PA GL U A ; Gi
, .
N' y
r?M
TOTAL VOTES rid MAIL ED
-S : M I VOTER`., IOIAt- 0
BAL! O;; CAS,? - TOTAL. . , . . . . 36 ~?1 1 14
U, ILEL;TION. PROPOSITION NU. I
!1 E. R
TOT* the UrdTnance. ?5 69.44 ?5 9
Against the Ordinance . I1 30.56 6 0
CHARIER AM;.NDMENI. PROPOSITION 1
VOTE FOR 1
Ior the Charter Amendment 21, 69.44 43 1 11
Against the Charter Amendment, 11 30.56 8 0 3
~'NARiER AMENDMENT. PROPOSITION 2
VOTE FOR 1
for the Charter Amendment . . . 29 62.86 16 1 12
Acla nst the Charter Amendment. 6 11.14 4 t! 2
84
I TAiL lit Ui ~AE:iS. (EXAS 'i F,1 {}1
GENERAL AND SPECIAL. Ub_'?i()?
MAY 14, ?n11
0 19 0M 2 [)ISTRI~ 2
101A_ VOTI , ti t AIL EG
REGISTERED VOTERS 101AI 0
BALL07 {AST TOTAL. . . 2E t 7
SPE:CIA(_ ELEC?IDN. PROPOS111ON NU. 1
VOTE FOR
For the (urd",nance. 2U )1.43 T~> 0 5
Against the Ordinance 8 28.5/ ~ 0 ~
CHARMER AMENDMENT. PROPOSITION 1
VOTE FOR I
For the Charter Amendment 13 46.43 i( 0 3
Against the Charter Amendment. i> 53.5? 1' 0 4
CHARTER AMENDMENT. PROPOSITION ?
VOTE FOR 1
For the Charter Amendment . . . . . 20 71.43 13 0 7
Against the Charter Amendment. €t ?P.57 8 0 0
85
Di' 'r; i T ,~\11uP (DLTAii_ X10' Of PARIS. IEXA.S R,~PCJR!,EL3F;A
GENERAL AND, SPFCIAO ELECT,ON
"'AY i4. RUN [)A1E'C5'?r.li 0i :19 PH
01,13 DlI TRIVI A
'G(A Ev M1,1L CL7
REGISIERM VOTERS - TOTAL _ f1
BALI NTS CAST TOTAL- . . . . . E7 47
t7
SPECIAi FI_Ft:TION, PROPOSITION NO I
VOTE FOIR 1
for, the Ordinance. . . . . . 63 72.41 34 zCa
Against the C}rdinanee _3 U
24 ?,1
1i
CHARTER AMENDMENT, PROPOSITION I
VOTE FOR I
For the Charter Amendment . . . . . . 4i 55.29 24 1 22
Against the charter Amendment. 38 44.71 22 2 14
CHARTER AMENDMENT, PROPOSITION 2
VOTE FOR 1
F"or the Charter Amendment 62 75.61 35 3 24
Against the Charter Amendment. 20 24.39 P O 11
86
,TF:iL ")OP N,JAIL II'r 01 PAf+i-;xAS :130A PA;,E
GENERAL AND SPECIAL E{.:I Gtr
WY 14. 2i}
P (?Al H:IE PM
LfO(lr; - _ I
lilAi Ev MAI d:0
RI 4 EP`, TOTAL 0
BALLOTS1:_ !A;_ 24 1 47
itv CoLrn i1 Merbe! For District 4
VOTE FOR 1
RICHARD GRCSSNICKLF ti;s 5I'.50 42 2 19
ROBER1 0- 2'MMFfY-AN i"' 14.17 ICi 0 7
JEFF HIGGiNS 40 3-3.33 rI 19
SPECIAL ELECTION. PROPOSITION NO. T
VOTE FOR I
For the Ordinance. . . . . . 80 65.04 47 1 32
Against the Ordinance . . . . 43 34.96 27 1 15
CHARTER AMENDMENT, PROPOSITION 1
VOTE: FOR I
For the Charter Amendment 8 6 70.49 49 ? 36
Against the Charter Amendment_ 36 29,51 24 I 11
CHARTER AMENDMENT. PROPOSITION 2
VOTE FOR I
For the Charter Amendment 105 88.24 b5 2 38
Against the L:narter Amendment. 14 11 b 6 t 8
87
1 L!. IAIt. iJJY OF PAR S, TEXAS REPOitI 1130A PA::
GENERAL AND SPECIA ELECTION
MAY 14, 2'I'.
IG/I1 03:19 F'M
glSiR;~::'
OTA VoILS t4' hM1it. €O
ki.GISIERED VOTERS • MAT. . . . . 0
BALLO,c_, CAS' - TOIAI .
SPECIA'' ELECTION. PROPOSITION W, I
ROTE FOI I
Fo! the Ow i na>ice . . . . . 31 41.69 ?3 2 E;
Acrainst that r1rdinance 43 58.11 30 G 13
CHARTER AMENDMENT. PROPOSITION I
Vol I., FOR I
For the Charter Amendment 45 60.00 ?G~ 2 .3
Against the Charter Amendment. . , . 30 40.00 24 O= 6
CHARTER AMENDMENT. PROPOSITION 2
VOTE FOR 2
For, the Charter Amendment . . . . . . 59 7933 40 2 17
Agains'_ the Charter Amendment. 15 20.27 1_I 0 2
88
.Sit"., t: G6 I 130A PA
(Ii NU AL A!, U AL E LEC: I JN
rtAr
F:ATI : t?5' t;11I (;3 :19 Pf-F
G'ISTfit l
_UTAL `st LS tl' t'Jtli. ECi
F" ;!`-TERED VCJEPS - TOTAL G
t C.AS`f - TOTA!.. e'1fi 134 84
SPECIAL. ELEC110N. PROPOSITION NO. 1
VC11 E FOR
for the Ordinance. 1: 55.0 ? 0 45
Against the rdinance . . . . . . . 44.95 i.9 C 30
CHARTER AMLtdl!": NT. PROPOSITION 1
VOTE FOR 1
For, the Charter Amendment . . . . 134 01.75 79 0 55
Against the Charter Amendment. 83 38.25 54 0 29
CHARTER AMENDMENT. PROPOSITION 2
VOTE FOR I
For the Charter Amendment . . . . 180 83.72 120 0 70
Against the Charter Amendment. 35• 1E).28 2f 0 13
89
~ODP DL 1A1r ~Y LiF PA iS. ItXA; R POW L -'JA P11
GENERA( AND SPELIAI I[ICIION
MA', 14, P011 1
iATT:0 %iftll ()3:19 PM
!OiAE VoNC l EV MAIL LD
Ru'JS7ERE[) VOTERS . TOlk n
BAT 1 OTS CAS i - TOTAL 692
3;'G 2r, 2,T~
City COClnc7, Member Far- District
VOTE r;
KENNET..: F KOHLS . . . . 153 23.66 t4 3 76
RHC-h;;:, ER` . . . 242 35.12 I?'>
98
A.J. :'4SHM.. . . . . . . . . . 284 41.22 1f)9 11 114
SPICW ELECTION. PROPOSITION NO. I
VOTE FO?. I
for the Ordinance. . . . . . . . . 365 53.76 194 16 I55
Against the Ordinance . . . . . . 314 46.24 177 8 129
CHARTER AMENDMENT. PROPOSITION I
VOTE FOR 1
For the Charter Amendment 486 'liE63 261 Ic 2C7
Against the Charter Amendment. 192 28.32 11.2 4 75
CHARTER AMENDMENT. PROPOSITION 2
VOTE FOR 1
For the Charter Amendment . . . . . . 597 89.10 320 19 258;
Against the Charter Amendment. 73 10.90 44 2 27
90