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06-Adopting findings of fact and an order calling for the redistricting of political boundaries DRAFT s:attorney\reswork\current\redistricting order 6-9-11 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; ADOPTING FINDINGS OF FACT AND AN ORDER CALLING FOR THE REDISTRICTING OF POLITICAL BOUNDARIES AND CITY COUNCIL DISTRICTS WITHIN THE CITY OF PARIS IN ACCORDANCE WITH THE 2010 CENSUS DATA ISSUED BY THE UNITED STATES CENSUS BUREAU AND STATE AND FEDERAL LAW AND SECTION 8 OF THE CITY CHARTER; AUTHORIZING THE MAYOR PRO TEM TO EXECUTE SAID ORDER AND THE CITY CLERK TO ATTEST TO SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris has previously retained the firm of Allison, Bass & Associates, L.L.P. to conduct an Initial Assessment of existing political boundaries and City Council districts of the City of Paris as a result of the issuance of Census data by the United States Census Bureau; and, WHEREAS, the result of said assessment indicates the district lines for said existing City Council districts must be adjusted in accordance with Section 8 of the City Charter, State and Federal law, and the U.S. Voting Rights Act; and, WHEREAS, the City's consultant has called for the issuance of an official order of the City Council directing the redistricting of said political boundaries. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The City Council hereby adopts Findings of Fact regarding the need to redistrict its political boundaries following publication of the 2010 Census data and hereby authorizes and directs the issuance of an Order calling for Redistricting of Political Boundaries, and does further authorize the Mayor Pro Tern to execute said Order and the City Clerk to attest to same, a copy of said Findings of Fact and Order is attached hereto and incorporated herein for all purposes as Exhibit "A." Section 3. This resolution shall be effective immediately upon passage. PASSED AND APPROVED this 9th day of June, 2011. Joe McCarthy, Mayor Pro Tern ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney FINDINGS OF FACT REGARDING POLITICAL BOUNDARIES OF THE CITY OF PARIS, TEXAS FOLLOWING PUBLICATION OF 2010 CENSUS DATA AND ORDER FOR REDISTRICTING OF POLITICAL BOUNDARIES On the 9th day of June 2011, the City Council of the City Paris, Texas met in a called session, having posted notice of said hearing in compliance with Chapter 551 of the Texas Government Code. The City of Paris, City Council has previously retained the firm of Allison, Bass & Associates, LLP, of Austin, Texas, to conduct an Initial Assessment of existing political boundaries of the City of Paris, following the issuance of census data by the United States Census Bureau. Attached to this Order, and incorporated herein for all purposes by reference, is a copy of the initial assessment conducted by Allison, Bass & Associates, LLP. This assessment is based upon PL94-171 data, as required by federal law, and is further based upon information provided to Allison, Bass & Associates, LLP by the Texas Legislative Council, the Texas Association of Counties and by the City of Paris, Texas. Based upon this information, the City of Paris has a total maximum deviation of 34.37%. The term total maximum deviation is determined by dividing the total population of the City of Paris by the number of city wards to determine an ideal ward size. The actual population of each ward is then determined, based upon the official population data contained within the census count, as defined by Public Law 94-171. The actual population of each ward is compared to the ideal ward size and a range of deviation by percentage is determined. Any total maximum deviation in excess of ten percent (10%) is presumptively unconstitutional under established federal law. As a result, of this determination, the City of Paris, Texas has a constitutional duty to redistrict its political boundaries to achieve "One-Person-One-Vote" numerical balance between the Council wards at a legally acceptable margin of deviation, and to make such changes as are necessary to comply with the Voting Rights Act and applicable state and federal law. IT IS THEREFORE ORDERED, ADJUDUGED and DECREED that the Council Members of the City of Paris, Texas find that it has a legal duty to redistrict. The public interest will be served by redrawing the existing political boundaries of the City of Paris in such a manner as to comply with applicable state and federal law. The City Council of the City of Paris hereby enters the following findings of fact and of law: 1. The City of Paris has a total maximum deviation, as defined in this order, of 34.37%. 2. Any total maximum deviation in excess of ten percent (10%) is presumptively unconstitutional under federal law. 3. The City of Paris, acting by and through its City Council, is hereby resolved to immediately undertake such necessary and appropriate action to accomplish redistricting of existing city Order for Redistricting 1~ EXHIBIT a wards, and any incidental modification of existing, consolidated, or newly created election wards necessary to accomplish such redistricting. 4. The City Council shall henceforth convene in open meetings, duly posted in accordance with the Texas Open Meetings Act, to take up and consider one or more alternative plans for the legal redistricting of the City of Paris. 5. After due consideration of one or more alternative plans, the City of Paris shall adopt a plan deemed to satisfy legal requirements, and which best suits the legitimate governmental needs of the City of Paris. 6. Such plan shall, after adoption, be submitted to the United States Department of Justice for review as required by 42 U.S.C. §1973, otherwise known as the Voting Rights Act. 7. Only upon preclearance shall such plan, or a plan subsequently modified to obtain preclearance, be implemented for elections in the year 2012 and thereafter, or until a suitable substitute has been lawfully adopted. Signed this 9th day of June, 2011. Joe McCarthy, Mayor Pro Tem ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent Mellyar, City Attorney Order for Redistricting