2011-047 RES CANVASSING THE RETURNS FOR THE MAY 14, 2011 CITY-WIDE SPECIAL ELECTION ON THE PROPOSED AMENDMENTSRESOLUTION NO. 2011-047
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 141h day of February, 2011, the Ciry Council of the City of Paris
passed Resolution IVo. 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
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."
El 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.
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.
C ~ - "
Will Biard, Mayor
ATTEST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
~
W. Kent McI ' Attorney
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