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10-GENERAL ELECTION CANVASSING OF RETURNSynenzo�andujn TO: Mayor & City Council John Godwin, City Manager FROM: Janice Ellis, City Clerk SUBJECT: GENERAL ELECTION CANVASSING OF RETURNS DATE: May 13, 2013 BACKGROUND: On February 11, 2013 by resolution number 2013-006, City Council ordered the regular municipal election for the purpose of voters to elect Council Members from Districts 4, 5, and 7. On March 22, 2013 the City Clerk issued a certificate of unopposed candidates for Districts 4 and 7 and April 8, 2013 by ordinance number 2013-010, City Council declared Council Members for Districts 4 and 7 elected to office. STATUS OF ISSUE: On May 11, 2013, a general election took place for the purpose of electing a Council Member in District 5. A total of 106 votes were cast, with Danny Booth receiving a total of 24 votes and Matt Frierson receiving a total of 82 votes. Matt Frierson received the majority of the votes cast. BUDGET: N/A RECOMMENDATION: Approve the resolution declaring Matt Frierson elected to serve as City Council Member for District 5. � RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 11, 2013, GENERAL ELECTION FOR COUNCIL DISTRICT 5; DECLARING THE WINNER IN SAID ELECTIOIV; ACKNOWLEDGING THE RESULTS OF PRIOR COUNCIL ACTION DECLARIIVG CANDIDATES AS ELECTED TO OFFICE FOR COUNCIL DISTRICTS 4 AND 7 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 PROVIDI11iG AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Texas, did heretofore, on the 11th day of February, 2013, by Resolution No. 2013-006, order the regular municipal election for the City of Paris to be held on the 11th day of May, 2013, by 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 candidates for election as City Council Members for Districts 4 and 7 were unopposed for election to office with no write-in candidates being declared and there were no propositions to appear on the ballot; and, WHEREAS, on April 8, 2013, the City Council of the City of Paris, Texas, by Ordinance No. 2013-010 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 Members for District 4 and 7 be declared elected to office and that no election should be held in those Districts; and, WHEREAS, as a consequence of said Ordinance No. 2013-010, the candidate for District 4, the same being Richard Grossnickle and the candidate for District 7, the same being A.J. Hashmi, were declared elected to office; and, WHEREAS, pursuant to prior Resolution No. 2013-006, an election was held by the qualified voters of District 5 of the City of Paris, Texas, on the 11th day of May, 2013, for the purpose of voting for and electing a Council Person to serve as a member of the City Council from District 5 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 polling place for District 5 and early voting of the City of Paris, Texas; and, 1 53 WHEREAS, sealed returns of said election for District 5, 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 review and canvass thereof, show the results as summarized herein; 1VOW, 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 in Council District 5 a total of 106 votes were cast for candidates for Council Member positions as follows: Danny Booth Matt Frierson Total Votes Early Election Votin� � Total 20 4 24 68 14 82 88 18 106 Section 3. That, from the above and foregoing canvass of the returns of the votes in Council Member District 5 for the respective voting box in such election, it is declared and determined that Matt Frierson is the person receiving the highest number of votes of the votes cast at such election for Council Member from District 5 and is therefore elected to serve as a Council Member from District S and a member of the City Council of the City of Paris for the next ensuing two (2) years. Section 4. That, in accordance with Ordinance No. 2013-010 (which, in compliance with state law and the certification of the City Clerk, declared elected to office the candidate for Council District 4), the following Council Member has 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 4 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 4- Richard Grossnickle. Section 5. That, in accordance with Ordinance No. 2013-010 (which, in compliance with state law and the certification of the City Clerk, declared elected to office the candidate for Council District 7), the following Council Member has 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 7 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 7- A.J. Hashmi. 2 5� Section 6. That the aforesaid action in canvassing the returns and declaring the results and recognizing the prior declarations 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 7. 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 20th day of May, 2013. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 3 55 A.J. Hashmi, M.D., Mayor