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.
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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,
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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.
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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
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A.J. Hashmi, M.D., Mayor