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