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08-APPROVE ORDINANCE ADOPTING REDISTRICTING PLANCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 9-7-2011 Council Date: Finance Gene Anderson 8. 9-12-11 RECOMMENDED MOTION: Motion to approve a ordinance adopting a redistricting plan for the City of Paris Council districts. POLICY ISSUE(S): Voter representation. Following every decennial census, all political jurisdictions are required substantiate their existing electoral district boundaries or make adjustments to accommodate demographic changes since the last census. Census data for use in redistricting was released in March and the redistricting process has to be completed by 2012. Following a public hearing, the City Council will take up for consideration and possible action one or more alternative plans for the redistricting of City Council districts. The City Council reserves the right to take any and all appropriate action regarding the redistricting of the City of Paris's political boundaries, including the acceptance of new boundaries for the City Council districts, modification of any boundaries, and/or tabling the pending proposals for later consideration and/or action. The Public is invited to attend and participate in this meeting. Those wishing to address the City Council should sign a speakers request form provided for this purpose. Each speaker will be asked to come before the Council, to identify themselves, their address, and the City Council district they reside within. Comments should be reasonably concise and to the point. Questions will be answered but the Council will not permit argument or excessive discussion of any particular topia The hearing will be conducted under rules of judicial decorum. A tape recording of the hearing will be made of this hearing. Your comments will be transcribed and included with the submission of the proposed changes to existing City Council districts to the United States Department of Justice. BOARD/COMMISSION RECOMMENDATION: None EXHIBITS: Resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $NA ❑ Department Report ❑ Resolution Budgeted Amt. $NA ❑ Presentation ~ Ordinance yTD Actual $NA ❑ Public Hearing ❑ Other Acct. Name NA Acct. Number NA FISCAL NOTES: None REVIEWED AND APPROVED BY: ~ Administration Z City Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 - 2O Draft ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING A REDISTRICTING PLAN FOR SEVEN CITY COUNCIL DISTRICTS IN THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on June 9, 2011 the City Council of the City of Paris, Texas convened in a special meeting to receive information about the 2010 Federal Census Data and how it would impact the seven single member Council Districts in the City; and, WHEREAS, the City Council has commissioned and has received an Initial Assessment by qualified professionals experienced in the field of redistricting law for the purpose of making a preliminary determination of population distribution between the seven City Council Districts, and the obligation to comply with "one-person-one-vote" balance as required by applicable state and federal law; and, WHEREAS, the initial assessment has been filed in the minutes of the City Council of the City of Paris, Texas and is also incorporated by this reference hereto as Exhibit 2. A finding, based upon this assessment, recognized the legal duty to redraw political boundaries to comply with applicable law, and a copy of these Findings of Fact and Order calling for the Redistricting of Political Boundaries is entered into the minutes of this city, by which reference this prior finding is incorporated into this Resolution of the City Council, Exhibit 3, Resolution Requiring Redistricting; and, WHEREAS, after convening a Public Hearing for comment upon any and all proposed redistricting plans, and after meeting in open session for the purpose of considering alternatives available to the City for the modification of existing political boundaries in a manner designed to achieve both acceptable levels of numerical balance between the City Council Districts, and to protect the voting rights of all residents of the City of Paris, Texas the City Council has determined to adopt the redistricting plan attached to this Ordinance in map and data form as Exhibit 4, Redistricting Proposal 1D. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Redistricting Plan depicted in the maps and data attached to this Ordinance is hereby approved and adopted by the City Council of the City of Paris, Paris, Texas. ~a ~ Section 3. That a submission of this plan, along with supporting maps, charts, and/or data will be made to the United States Department of Justice pursuant to Section 5 of the Voting Rights Act of 1964, 42U.S.C. §1973. Section S. That it is expressly understood that implementation of this plan shall not take place until the receipt of preclearance approval by the United States Department of Justice. PASSED, APPROVED, AND ADOPTED this 12th day of September, 2011. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - ~ 30 Exhibit 2 Initial Assessment 31 INITIAL ASSESSMENT OF THE CITY OF PARIS, TEXAS FOR PURPOSES OF REDISTRICTING EVALUATION Prepared by ALLISON, BASS & ASSOCIATES, L.L.P. Attorneys at Law The A.O. Watson House 402 West 12"' Street Austin, Texas 78701 (512) 482-0701 (512) 480-0902 Law&al I ison-bass.com Should vou determine that maps depicting various political boundaries are incorrect, please advise us immediately. Initial Assessment Page I of 9 32 TAB 1 GENERAL OVERVIEW The Initial Assessment is a narrative analysis of the data contained in the PL94- 171 files provided by the Census Bureau, together with an explanation ofthe impact such data inay have upon the City of Paris in light of state and federal law. Following the Supreme Court decision in Avery v. Midlarrd City, 390 U.S. 474; 88 S. Ct. 1114.1 20 L. Ed. 2d 45 (1968), Texas City Councils have been required to make a periodic assessment of their political boundaries to determine whether the boundaries retain "one-person-one-vote" balance. This requirement is now carried forward by statutory requirement in Article 42.001 of the Texas Election Code, and has been extended in turn to virtually all political bodies that elect representatives from special member districts, or geographic regioiis of the political jurisdiction in which the candidates for representative office must reside. Therefore, following each federal census, each Texas County, city, school district or other political entity electing representative officers from geographic regions of the sub- division should conduct an assessinent of existing political boundaries. [t should be carefully noted that simple comparisons between the City population of 2000 and 2010, or even a more sophisticated analysis of the urban and less populated areas of the City might not reflect the true extent of population "change" each City has experienced over the last ten years. "Change" may not directly correlate to "different" or "new" population. For example, existing populations within a City will, over time, move considerably within the City, rendering existing political boundaries constitutionally questionable over a ten-year span. In small population jurisdictions, the movement ofi a single large family from a one area of town to another across political boundaries may have a significant impact on the obligation of that City to redistrict. As a very general rule of thumb, any statistical change of population between the 2000 and 2010 census more than 3%, plus or minus, will indicate a potential need for redistricting in order to retain numerical balance between the governing body's representative districts. Only in rare circumstances will a City experiencing a population chaiige in excess of 3% avoid the need for rather extensive reapportionment of the City Council ward lines. However, any assumption that a population change of less than 3% will not require reapportionment is ill advised. Populations will shift within a City over time. Every City, city, school district or other political entity electing representative officers from geographic regions of the sub-division, even those with a rather insignificant overall population change, should carefully examine actual population demographics relative to their existing political lines to determine the need for reapportionment. Demographic data is depicted in chart and graphic form for both total population as well as voting age population. While "One-Person-0ne-Vote" balance between the City Council Wards is based upon the entire City population, the availability of voting age populations is also important in two respects. Initial Assessment Page 2 of 9 33 In Cities inhabited by a significant minority population, the need to create one or more City Council Wards that assure minority representation requires utilization of voting age information. While the actual political boundaries will be based upon total population, the viability of the resulting Ward in terms of the ability to elect requires analysis of voting age population. With this general overview, the following sections of this Initial Assessment will evaluate the City of Paris's political boundaries and attempt to determine whether or not the City Council should undertake reapportionment. Our assessment will point out areas of potential conflict with state and federal law, and will also suggest areas that may be considered for purposes of cost effectiveness and voter/resident convenience. All computer generated matters contained in this report, including statistical ratios or formulas, are derived from information taken directly from the Public Law 94-171 files of the United States Census Bureau. Allison. Bass and Associates, LLP is not responsible for errors that may occur in the PL94-171 data obtained from the United States Census Bureau. Initial Assessment Page 3 49 34 ♦ 40 a~ d 336 W \ J- ~ . ~ ~ GO ~ . ~m 4 , . ' j ; ° , a ~ I . ~ ° ~1 . ° Y I ~ . , • • i ~ . ~I Rd33620 ~ly ~~/'"t~~~ •U' li..b.._. • . . , , • . , . p ~ , 4,i~. ~ • r , . . , 1499~ , voa ~ ; . ~a„' , o N • _coRaa2zao__. ~ 1 0 ~ i } ' Y ' r~ ~ Q . ~ap . . 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" EJacksonSt ~ ~ p ~ ~ c 0 I od de~ pn Ra a ~,r ~a • m ~ ~m~° v 4 p N ~ t. .'`✓i rRd'O arp'unai- o " °_~o ~m , 1brk5t _ ro ' _ • d ry ` • r ~ ~S286 ' •s - Rd 23506 CQRd 22500 • C yR~d 11320J q_9 . . , ' . • • ~ I : f ~•b ; ' • ~c . 1 ` \ a ~ oR4.17400 ~ ` ~ & 271 .I ~3~ ~ oi , L 4ao 1 I• ~ ~ ~S Q' ' ~ ~ • 5 f° , ' ~ . yw ~79 ~a ~ . • , o ~ 24 ~ ° °i ' °i ' I + ~ o ° ' ' ° ' . ~ ~ , ' • ! ~ ' ' ' 91--; ~ " 't ~ ; ' ` a . U ` a • s = ~ Q:, e ~ o , • ~ ~ ~ - - - ~ ( ' 4 _ • ~ ~ . . 5 ~ • 'y ~ ` : 'r . . :.r. .x__.. ~ • ~ r~ ~ . . ~ = , ' 3~ i , • • , ~ \ _ oa ~ ' ° ~ ' \ [ ~1, • ~A ~ 1 - • • °4 \ ° Je~e~on ~`+-.,/'+t ~ s ~ " ~ ~ ~T • V ' : j ~ ~ ~ j ~ e p ~ ~ ~ ~ ~ r r ? . . - ,~`_'~r,~..~..i ~ . I . • ~i • . i • r ~1 , . l ~ RE 1260 p 1 ~ Voter Districts N 0 ~ 02 City of Paris ~ 0 0.5 1 2 3 0 Lamar County I I I I I 4 Miles Existing Plan ~ 5 Voter Districts ~ g Allison, Bass & Associates, LLP Date: 05/11/2011 U7 Data Source: 2010 Census `I'LL . ItL TAB 2 INITIAL SUMMARY FINDINGS REGARDING NUMERICAL BALANCE: Definitions of the various ratios, formula and procedures utilized in the analysis of City population are provided below. These ratios, formula and procedures have been largely developed in case law in the field of redistricting, together with generally recognized methods of sociological study. NOTE: The Census Data contains Prison inmate populations, and while this institutionalized population should be included in all gross population numbers used to determine City eligibility for state or federal programs, grants or revenue sharing, there are good reasons to exclude this population from "one-person-one-vote" calculations. Because many institutionalized inmates are detained under felony convictions, or are being held for deportation for violation of immigration laws, these individuals are typically not eligible to vote under Texas law, and are most commonly registered to vote, if at all, in the City of their true residence. As such, large populations of inmates held within the state or federal prison systems physically located within the municipal boundaries, or under public or private contract in City facilities, are not generally counted in the determination of Total Maximum Deviation, or for other "one-person-one-vote" detenninations for City redistricting. For purposes of the Initial Assessment, raw data has been acquired from the City and/or the Department of Criminal Justice regarding prison populations. In subsequent census data releases, group housing data may reveal more specific information, but at this time, we are deducting prison populations froin City population totals in order to arrive at a true "one-person-one-vote" analysis, and to avoid potential imbalances in population that might result from inclusion of prison population in Ward totals. Smaller facilities holding persons convicted of both felony and misdemeanor offenses, juvenile facilities, or facilities holding individuals pending resolution of pending criminal charges are included within the population counts for the City, as reflected in the census data. Please review the information contained under Tab 2 carefully. Please pay particular attention to the following: Please consider the Absolute Deviation in terms of population between the Actual Population of each City Council Ward and the Ideal Population. Remember that the ideal population of each ward is the total City population, divided by the number of single member districts. 2. Next, consider the Relative Deviation, expressed as a percentage, of the Actual Population of each Ward as compared to the Ideal Population of each Ward. 3. Redistricting will be necessary to comply with 'One-Person-One-Vote' standards if the Total Maximum Deviation between the largest Ward and the smallest Ward (in terms of population) exceeds 10%. Initial Assessment Page 4 of 9 9 1 k - Ql 4. Therefore, carefully examine the Total Maximum Deviation calculation. If that number is more than ] 0%, the City of Paris is legally obligated to make changes in its political boundaries to re-balance the population to more equal terms. If the Total Maximum Deviation exceeds approxiinately 7%, you may want to consider redistricting in order to re-balance your boundaries, although you are not legally required to do so at this time. However, with only a few percentage points separating the City of Paris from the 10% maximum standard, you would be prudent to consider redistricting at this time. A suit can be filed at any time the statistical evidence suggests a City's political boundaries are no longer constitutionally balanced. 6. If the Total Maximum Deviation is below 5%, you are generally safe from legal challenge on a"one-person-one-vote"' basis for the next few years. Iiiitial Assessment Page 5 of 9 2t L - r City of Paris Voter Districts Analysis of Population in the Paris Voter Districts based on 2010 Census data Commissioner Precinct Actual Population Ideal Population Absolute Deviation Relative Deviation District 1 3,175 3,596 -421 -11.71% District 2 2,795 3,596 -801 -22.27% District 3 3,728 3,596 132 3.67% District 4 4,031 3,596 435 12.10% District 5 3772 3,596 176 4.89% District 6 3,706 3,596 110 3.06% District 7 3,964 3,596 368 10.23% Total Population 25,171 Ideal Population is defined as (total district population divided by the number ot distrfcts). Absolute ana Keiative Deviations are difference in actual and ideal. -801 to 435 Absolute Range is the spread in absolute deviation from the smallest precinct to the largest. Relative Range is the spread in relative deviation from the smallest precinct ~22'2~%t° 12.10% to the largest. Absolute Mean Deviation is the average deviation, which is calculated by 349 adding all the absolute deviations (ignoring and signs) and dividing by 7. Relative Mean Deviation is the average deviation, which is calculated by adding 9.71% all the relative deviations (ignoring and signs) and dividing by 7. Standard Deviation of Population is the square root of the sum of the squares 156.75 of all the absolute deviations divided by 7. Standard Deviation of Relative Deviations is the square root of the sum of the 4.36% squares of all the relative deviations divided by 7. Total Absolute Deviation is the sum of all relative deviations (ignoring and 67.94% signs). 34.37% Total Maximum Deviation is the sum of the relative deviations of the smallest and largest district, (ignoring and signs). :~'L~- - 1-s' TAB 3 MINORITY VOTING RIGHTS We have extracted from the Census data a summary of each City Ward. Prior to the 1990 census, previously existing election precinct boundaries were often described by non-physical boundaries, such a survey lines, or "metes and bounds" descriptions of real property. Since the computerized census first implemented in 1990 was based upon topological maps, it was necessary to "approximate" those boundaries that were not defined by a physical boundary such as a road, watercourse, or other physical boundary. These approximations were described as Voter Tabulation Districts, or VTDs. It should be noted that the VTD was only an approximation of the actual voting boundaries, since Public Law 94-171 requires that the VTD utilize census blocks as its component parts. Texas Counties are responsible for the structure of county election precincts. These county election precincts should recognize city ward boundaries in cities having a population of more than 10,000. In 1990, most counties adopted election boundaries based on census blocks, but VTDs are still encountered. The boundaries utilized in this [nitial Assessment are derived from the Texas Legislative Council, and have been, to the extent possible, confirmed as accurate by local officials. However, some counties continue to have election precinct boundaries defined in a manner that is incompatible with census block based mapping. Therefore, in some cases, you may find a discrepancy between the actual boundary in use, and the census block based mapping boundaries used in this report. All future election precincts should be based upon census blocks to avoid any discrepancy between the actual boundary in use and the official boundary description maintained by the Texas Legislative Council. As a general rule, where the total minority percentage exceeds 25% of the total population, there is ample justifrcation to create at least one, or where the minority population is sufficient, more than one City Council Ward that contains a potential voting majority of minority residents. In concentrations greater than 40%, consideration should be given to creating at least one City Council Ward with a potential voting majority of minority residents, with the possibility of any "excess population" being used to impact one or more other Wards. Where the total minority concentration exceeds 40%, the issue of "Packing" becomes a consideration, ineaning that minority populations cannot be "packed" into a single Ward, but must be allowed to influence as many Wards as the total minority population warrants without efforts to fragment otherwise contiguous concentrations of minority population. Minority representation must not be diluted, and where possible, a voting majority of minority residents should be created if sufficient minority populations existing within a reasonably compact and contiguous geographic area. In order to achieve the maximum minority representation within the demographic and geographic limitations in existence, it will be necessary to determine which City Ward, and which census blocks within each Ward, contain the highest percentage of minority population and to take such reasonable measures as will insure the highest possible minority voice in City government. To achieve this goal, some attention must be paid to voting age minority residents. In order to create a Initial Assessmcnt Page 6 of 9 ,:14 - E viable voting majority of ethnic, race or language minority voters, it is necessary to attain a voting age population within at least one City Council Ward of approximately 55% or better. In order to accomplish this high number of voting age population, a total population figure in excess of 60% is typically required. This is due to the statistically younger populations in most minority categories, which yield lower numbers of voting age residents, and in historically lower voting age turnout in minority communities of interest. A deterinination of whether or not the minority populations in these areas could be joined in a single Ward, or perhaps conceiitrated in an effort to maximize minority impact upon elections is difficult to assess without a more detailed evaluation of historical voting patterns, racial demographics, and the realities of political boundaries. When taken with the numerical imbalances that must be addressed, it would appear that if at all possible, minority populations might be concentrated in at least one City Council Ward to the degree possible to achieve an acceptable potential minority concentration. Typically, the City Council Ward with the largest minority concentration prior to redrawing lines is the best candidate for any alternative plan, but other possible constructions of Ward lines might well result in a favorable racial profile. Fragmenting minority population coiicentrations must be avoided. Any modification of political boundaries to accomplish compliance with the requirements of the Voting Rights Act must be carefully considered. Maps for Hispanic and Black populations are provided in this assessment. Other Non-Anglo Populations, such as Asian, American Indian, Pacific Islander, Other or Multi- racial categories in excess of 3% aggregate will also be inapped. Initial Assessment Page 7 of 9 L~_ -1 Ethnic Background of Total Population Anglo Black Amer. Indian Asian Hispanic Hawaii/ Pac.ls. Other Multi Race Prec. Total % of County District 1 1,163 1,495 40 5 363 0 5 104 3,175 12.61% District 2 1,260 1,124 31 0 286 0 1 93 2,795 11.10% District 3 2,477 764 37 22 335 0 2 91 3,728 14.81% District 4 2,611 869 41 58 339 0 7 106 4,031 16.01% District 5 2,431 814 54 12 327 0 0 134 3,772 14.99% District 6 2,767 499 49 53 238 0 5 95 3,706 14.72% District 7 3,350 248 44 72 180 1 1 68 3,964 15.75% County Total 16,059 5,813 296 222 2,068 1 21 691 25,171 100.00% % of County 63.80% 23.09% 1.1891. 0.88% 8.22% 0.00% 0.08% 2.75% 100.00% Ethnic Background as a% of Total Population Anglo Black Amer. Ind. Asian Hispanic Haw/Pac Other Multi % Total District 1 36.63% 47.09% 1.26% 0.16% 11.43% 0.00% 0.16% 3.28% 100.00% District 2 45.08% 40.21% 1.11% 0.00% 10.23% 0.00% 0.04% 333% 100.00% District 3 66.44% 20.49% 0.99% 0.59% 8.99% 0.00% 0.05% 2.44% 100.00% District 4 64.77% 21.56% 1.02% 1.44% 8.41% 0.00% 0.17% 2.63% 100.00% District 5 64.45% 21.58% 1.43% 0.32% 8.67% 0.00% 0.00% 3.55% 100.00% District 6 74.66% 13.46% 1.32% 1.43% 6.42% 0.00% 0.13% 2.56% 100.00% District 7 84.51% 6.26% 1.11% 1.82% 4.54% 0.03% 0.03% 1.72% 100.00% Ethnic Background of Voting Age Population Anglo Black Amer. Indian Asian Hispanic Hawaii/ pac.ls. Other Multi Race Prec. Total °a of County District 1 913 1,091 29 4 197 0 4 43 2,281 12.09% District 2 997 832 25 0 149 0 1 60 2,064 10.94% District 3 1,981 504 31 18 202 0 2 44 2,782 14.74% District 4 2,118 575 32 41 185 0 5 53 3,009 15.94% District 5 1,959 580 42 12 173 0 0 60 2,826 14.97% District 6 2,183 348 38 37 124 0 5 49 2,784 14.75% District 7 2,732 176 33 55 96 0 1 35 3,128 16.57% County Total 12,883 4,106 230 167 1,126 0 18 344 18,874 100.00% % of County 68.26% 21.75% 1.22% 0.88% 5.97% 0.00% 0.10% 1.82% 100.00% Ethnic Background as a% of Voting Age Population Anglo Black Amer. Ind. Asian Hispanic Haw/Pac Other Multi % Total District 1 40.03% 47.83% 1.27% 0.18% 8.64% 0.00% 0.18% 1.89% 100.00% District 2 4830% 40.31% 1.21% 0.00% 7.22% 0.00% 0.05% 2.91% 100.00% District 3 71.21% 18.12% 1.11% 0.65% 7.26% 0.00% 0.07% 1.58% 100.00% District4 70.39% 19.11% 1.06% 1.36% 6.15% 0.00% 0.17% 1.76% 100.00% District 5 69.32% 20.52% 1.49% 0.42% 6.12% 0.00% 0.00% 2.12% 100.00% District 6 78.41% 12.50% 1.36% 1.33% 4.45% 0.00% 0.18% 1.76% 100.009/c District 7 87.34% 5.63% 1.05% 1.76% 3.07% 0.00% 0.03% 1.12% 100.00% TAB 4 GENERAL HOUSEKEEPING Some attention should be given to "straightening" political boundaries into more uniform shape. In some cases, certain boundaries may be altered to use a more commonly understood or recognized physical boundary in lieu of a poorly identified or recognized boundary. Public Law 94-171, which directed the Census Bureau to develop a uniform mapping and demographic profiling approach for use by small computers, required that all voter tabulation districts (VTDs) follow census block boundaries. In many cases, City wards had been previously drawn in a manner that did not follow a census block boundary. This required the State of Texas, acting in conjunctioii with the State Data Center and the Texas Legislative Council, to move the actual voting district boundary to coincide with a nearby census block boundary for tabulation purposes only. The resulting VTD was no longer "actual," but an approximation referred to as a"pseudo-voting district." Every reasonable effort has been made to conform the pseudo voting district to actual political boundaries. However, due to the nature of the available data base, and the requirements of Public Law 94-171, there may be occasions in which the pseudo voting districts, or the resulting lines between City Council Wards, are different from those that actually exist Again, the use of the pseudo voting district was for tabulation purposes only, and any apparent difference between actual and apparent political lines should be considered as minimaL However, since all later census counts will be undertaken upon the census blocks, there could be a valid arguinent that a necessity to alter current election district boundaries to match the census block format exists. Under these circumstances, new political lines will be required to avoid conflict with census block lines that do not match current political area definitions. While matching census blocks to actual political lines would not, in and of itself, generally support a decision to reapportion under the circumstances that exist in the City of Paris, there is a justifiable combination of factors that would support a reapportionment decision. These factors would include: 1. Redrawing election precincts to increase voter convenience. 2. Harmonizing actual political lines with pseudo voting districts based upon census blocks. 3. Redrawing all lines to achieve "one-person-one-vote" deviations of the smallest possible percentage. Initial Assessment Page 8 ot'9 3LV-o CONCLUSION Redistricting should be viewed as an opportunity for streamlining City organization, and a chance to address as many issues as possible to achieve greater participation and involvement in City gove►-nment. This is the time to plan for future growth, anticipate costs of government operations, and to involve the public in the process of City government. We look forward to working with you in this exacting but rewarding process. Initial Assessment Page 9 of 9 J~ - -1~ Exhibit 3 3~ -7s FINDINGS OF FACT REGARDING POLITICAL BOUNDARIES OF THE CTTY OF PARIS, TEXAS FOLLOWING PUBLICATION OF 2010 CENSUS DATA AND ORDER FOR REDISTRICTING OF POLTTICAL BOUNDARIES On the 22nd day of August 2011, the City Council of the City Paris, Texas mct in a called session, having posted notice of said meeting 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 puiposes by reference, is a copy of the initial assessment conducted by Allison, Bass & Associates, LLP (Exhibit "1 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°/a) is presumptively unconstitutional under established federal law. As a resuit, 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 Councii 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 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 22nd day of August, 2011. TTEST: . , ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McII r 3 ~ - • • Exhibit 4 Proposal to be Adopted 3 4 - rv1 City of Paris Voter Districts Proposed Plan 1D Analysis of Population in the Paris Voter Districts based on 2010 Census data Actual Population Ideal Population Absolute Deviation Relative Deviation District 1 3,522 3,596 -74 -2.06% District 2 3,580 3,596 -16 -0.44% District 3 3,541 3,596 -55 -1.53% District 4 3,709 3,596 113 3.14% District 5 3,607 3,596 11 0.31% District 6 3,590 3,596 -6 -0.17% District 7 3,622 3,596 26 0.72% Total Population 25,171 Ideal Population is detined as (total district popuiaUOn dwiaea py tne numper or aistncts). Hosoiute ana neiauve Deviations are difference in actual and ideal. -74 to 113 Absolute Range is the spread in absolute deviation from the smallest district to the largest. -2.06°r6 to Relative Range is the spread in relative deviation from the smallest district 3.14% to the largest. Absolute Mean Deviation is the average deviation, which is calculated by 43 adding all the absolute deviations (ignoring and signs) and dividing by 7. Relative Mean Deviation is the average deviation, which is calculated by adding 1.20% all the relative deviations (ignoring and signs) and dividing by 7. Standard Deviation of Population is the square root of the sum of the squares 21.36 of all the absolute deviations divided by 7. Standard Deviation of Relative Deviations is the square root of the sum of the 0.59% squares of all the relative deviations divided by 7. Total Absolute Deviation is the sum of all relative deviations (ignoring and 8.37% signs). Total Maximum Deviation is the sum of the relative deviations (9'0) 5.20% of the smallest and largest district, (ignoring and signs). ~'y. ~ Ethnic Background of Total Population Angla Black Amer. Indian Asian Hispanic Hawaii/ Pac. Is. Other Multi Race Prec. Total %of Vot Dist District 1 1,452 1,586 39 11 328 0 5 101 3,522 13.99% District 2 1,524 1,504 44 13 351 0 1 143 3,580 14.22% District 3 2,267 753 37 18 357 0 2 107 3,541 14.07% District 4 2,634 548 45 33 378 0 6 65 3,709 14.74% District 5 2,374 743 53 30 268 0 1 138 3,607 14.33% District 6 2,724 473 37 52 218 0 5 81 3,590 14.26% District 7 3,084 206 41 65 168 1 1 56 3,622 1439% Vot Dist Total 16,059 5,813 296 222 2,068 1 21 691 25,171 100.00% % of Vot Dist 63.80% 23.09% 1.189'0 0.88% 8.22% 0.009'0 0.08% 2.75% 1 00.009'0 Ethnic Background as a% of Total Population Anglo Black Amer. ind. Asian Hispanic Haw/Pac Other Muki %Total District 1 41.233'0 45.03% 1.11% 031% 9.31% 0.00% 0.14% 2.87% 100.009'0 District 2 42.57% 42.01% 1.23% 036% 9.80% 0.00% 0.03% 3.99% 100.003'0 District 3 64.02% 21173'0 1.04% 0.51% 10.08% 0.00% 0.06% 3.02'Y 100.00% DiStriGt 4 71.02% 14.77% 1.213'0 0.89% 10.19% 0.00% 0.16% 1.75% 100.00% District 5 65.823'0 20.60% 1.47% 0.83% 7,43% 0.00% 0.03% 3.83% 100.OO% District 6 75.88% 13.18% 1.03% 1.45% 6.07% 0.00% 0.14% 2.26% 100.00% District 7 85.15% 5.69% 1.13% 1.79% 4.64% 0.03% 0.03% 1.55% 100.00% Ethnic Background of Voting Age Population Anglo Black Amer. Indian Asian Hispanic Hawaii/ Pac. Is. Other Multi Race Prec. Total % of Vot Dist District 1 1,154 1,119 27 8 182 0 5 46 2,541 13.46% District 2 1,178 1,116 35 8 172 0 0 77 2,586 13.70% District 3 1,808 527 30 16 204 0 2 49 2,636 13.979'0 District 4 2,170 371 39 27 217 0 S 33 2,862 15.16% District 5 1,909 498 40 21 141 0 0 73 2,682 14.21% District 6 2,178 327 33 39 113 0 5 41 2,736 14.50% District 7 2,486 148 26 48 97 0 1 25 2,831 i5.00Yo Vot Dist Total 12,883 4,106 230 167 1,126 0 18 344 18,874 100.00% % of Vot Dist 68.26% 21.75% 1.22% 0.88% 5.97% 0.00% 0.10% 1.82% 100.00% Ethnic Background as a% of Voting Age Population Anglo Black Amer.lnd. Asian Hispanic Haw/Pac Other Multi %Total District 1 45.429'0 44.04% 1.06% 0.31% 7.1690 0.00% 0.203'0 1.81% 100.00% District 2 45.55% 43.16% 1.35% 0.31% 6.65`Y 0.00% 0.00% 2.98% 100.00% District 3 68.599'0 19.99% 1.149'0 0.61% 7.74% O.OO% 0.08% 1.86% 100.00% District 4 75.82% 12.96% 1.36% 0.94% 7.58% 0.00% 0.17% 1.15% 500.00% District 5 71.18% 18.57% 1.499'0 0.789'0 5.265'0 0.00% 0.004'0 2.72% 100.00% District 6 79.6190 11.95% 1.213'0 1.433'0 4.13% 0.0090 0.18% 1.5Oq 500.00% District 7 87.81% 5.23% 0.92% 1.709'0 3.43% 0.00% 0.049'0 0.88% 100.00% 3~- C) . . ~ . . Rd33640 ~ ~ ~.~o~tl 5✓$ ~ . ~ e • " r a , ~ 0 bdND Cl • . ~ Q ~ ~ e b u .C~ o e ' w, • ° ` ~ ° < i , ° u~ ~ • . . ~ „ ' • • . ob-e ~ s • _ - - ll . ~ ~ ~ ~ h. ~ ~ ol• . e m' Rd 33b20 . , • ~ e ,r-~ } o . 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Co Rd 12600 2 City of Paris r",'•~ 0 0.5 1 2 ~ ~ ~ 3 Lamar County 4 Miles 5 Proposed Plan 1 D Voter Districts 6 Allison, Bass & Associates, LLP L_-„e 7 ~ Date: 08/30/2011 31~-- Data Source: 2010 Census N Voting Districts