04 Canvass Election Res
DRAFT
F:ATTORNEY\RESWORK\CURRENT\Canvas 4,5 & 7 and Ratify Unopposed 2005
April 19, 2005
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 7, 2005,
GENERAL ELECTION FOR COUNCIL DISTRICTS 4 AND 7; DECLARING
THE WINNER IN SAID ELECTION; ACKNOWLEDGING THE RESULTS
OF PRIOR COUNCIL ACTION DECLARING A CANDIDATE AS ELECTED
TO OFFICE FOR COUNCIL DISTRICT 5 AS A RESULT OF HAVING
BEEN UNOPPOSED FOR ELECTION TO OFFICE; DECLARING THE
TERMS OF OFFICE FOR THE AFORESAID CANDIDATES; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City Council of the City of Paris, Paris, Texas, did heretofore, on the 10th
day of January, 2005, by Resolution No. 2005-007, order the regular municipal election for the City
of Paris to be held on the 7th day of May, 2005, for the qualified voters in Districts 4, 5, and 7 of the
City of Paris, for the purpose of electing City Council Members from said Districts; and,
WHEREAS,
the City Clerk, being the authority responsible for having the official ballot
prepared, has previously certified, in writing, that the candidate for election as City Council Member
for District 5 was unopposed for election to office with no write-in candidates being declared and
there were no propositions to appear on the ballot; and,
WHEREAS,
the City Council of the City of Paris, Paris, Texas, by prior Ordinance No.
2005-010, adopted on the 28th day of March, 2005, did, pursuant to the authority granted in
V.T.C.A. Election Code, Section 2.053, deem it appropriate that the candidate for election as City
Council Member for District 5 be declared elected to office and that no election should be held in
that District; and,
WHEREAS,
as a consequence of said Ordinance No. 2005-010, the candidate for District
5, the same being Curtis Fendley, was declared elected to office; and,
WHEREAS,
pursuant to prior Resolution No. 2005-007, an election was held for the
qualified voters of Districts 4 and 7 of the City of Paris, Paris, Texas, on the 7th day of May, 2005,
for the purpose of voting for and electing a Council Person to serve as a member of the City Council
from the aforesaid Districts 4 and 7 for the ensuing two (2) years; and,
WHEREAS,
as required by order of the District Court of the United States for the Eastern
District of Texas, Paris Division, in Civil Action No. P-75-3-CA, and as provided in the Charter of
the City of Paris and the laws of the State of Texas, such election was conducted and held at the
specified and designated poling places for Districts 4 and 7 and early voting of the City of Paris, Paris,
Texas; and,
1
WHEREAS,
sealed returns of said election for Districts 4 and 7, made by the duly appointed
and designated election officials of and for the respective voting box, having been made to the Mayor
and City Council of the City of Paris, as required by law, which returns after due and deliberate
NOW, THEREFORE,
review and canvass thereof, show the results as summarized herein;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1.
That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2.
That, in Council District 4, a total of 209 votes were cast for candidates for
Council Member from District 4 as follows:
Early
DistrictVotingTotal
John Holmes 7 2 9
Scott Biard 28 34 62
Richard Manning 49 89 138
Section 3.
That, in Council District 7 a total of 634 votes were cast for candidates for
Council Member from District 7 as follows:
Early
DistrictVotingTotal
Tim Ray 51 168 219
Bill Strathern 45 152 197
Jim Bell 75 130 205
Michael J. Pfiester 3 10 13
Section 4.
That, from the above and foregoing canvass of the returns of the votes in Council
Member District 4 for the respective voting box in such election, it is declared and determined that
Richard Manning is the person receiving the highest number of votes of the votes cast at such election
for Council Member from District 4 and is therefore elected to serve as a Council Member from
District 4 and a member of the City Council of the City of Paris for the next ensuing two (2) years.
Section 5.
That, from the above and foregoing canvass of the returns of the votes in Council
Member District 7 for the respective voting box in such election, it is declared and determined that
Tim Ray is the person receiving the highest number of votes of the votes cast at such election for
Council Member from District 7 and is therefore elected to serve as a Council Member from District
7 and a member of the City Council of the City of Paris for the next ensuing two (2) years.
Section 6.
That, in accordance with Ordinance No. 2005-010 (which, in compliance with
2
state law and the certification of the City Clerk, declared elected to office the candidate for Council
District 5), the following Council Member has heretofore been previously declared elected to office,
certified as having been authorized to serve in said position, and is hereby designated as Council
Member for District 5 in accordance with state law for the next ensuing two (2) years, such term to
begin immediately following the adoption of this resolution, as follows: Council Member from
District 5 - Curtis Fendley.
Section 7.
That the aforesaid action in canvassing the returns and declaring the results and
recognizing the prior declaration of election to office of the aforementioned Council Members shall
be and is hereby conditioned upon the aforesaid candidates otherwise complying with all the
requirements of State law and the City Charter, following the administration of any and all necessary
oaths and other requirements as shall be specified by City Charter or State law.
Section 8.
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 in regular
session 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 18th day of May, 2005.
____________________________________
Curtis Fendley, Mayor
ATTEST:
____________________________________
Janice Ellis, City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney
3