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02 Canvass Election ResultsSeptember 16, 2002 MEMORANDUM TO : Council Members, City of Paris FROM : Mattie Cunningham, City Clerk SUBJECT: Special Election Returns The following is the unofficial tabulation of the City of Paris Special Election held on September 14, 2002: FOR AGAINST TOTAL VOTES District No. 1 14 83 97 District No. 2 20 47 67 District No. 3 62 141 203 District No. 4 49 99 148 District No. 5 21 65 86 District No. 6 68 174 242 District No. 7 92 288 380 Early Voting 60 410 470 Total 386 1,307 1,693 Canvass of the returns of the City Council Election will be held at the Regular City Council meeting, Tuesday, September 17, 2002, at 5:30 P. M, Applied Technology Building, Room1016, Paris Jr, College, 2400 Clarksville Street, Paris, Texas, as required by State Law. MATTIE CUNNINGHAM City Clerk DRAFT J:\Attorney\ALICE\RESWORK\CiJRRENT\Election - Special FD Canvas Res.wpd September 13, 2002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, CANVASSING THE RETURNS FOR THE SEPTEMBER 14, 2002, CITY-WIDE SPECIAL ELECTION ON THE QUESTION OF INCREASING PAY FOR MEMBERS OF THE FIRE DEPARTMENT OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 141.034 of the Texas Local Government Code authorizes qualified voters of a municipality with a population of more than 10,000 to petition the governing body of said municipality to increase the minimum salary of each member of the fire department, for each rank, pay grade, or classification; and, WHEREAS, on June 13, 2002, the City Clerk of the City of Paris, Paris, Texas, a home rule city of a population in excess of 10,000, received a petition filed pursuant to said Section 141.034 seeking increases in the minimum salaries of stated members of the Paris Fire Department; and, WHEREAS, the City Clerk of the City of Paris, as the duly designated election official of said city, reviewed the petition to verify the required number of qualified voters, equal to at least 25% of the voters who participated in the most recent municipal election, had signed said petition; and, WHEREAS, the City Clerk, based on advice received from the Office of the Secretary of State of the State of Texas, Elections Division, found and determined that the most recent election for purposes of Section 141.034 of the Local Government Code to determine the sufficiency of signatures was the last city-wide election, the same having been conducted on January 20, 1996, and also found and determined that the number of qualified voters who participated in the said election was 901; and, WHEREAS, the City Clerk of the City of Paris, Paris, Texas, further determined that 25% of said voters would be equal to 225 voters and that the petition as filed pursuant to Section 141.034 contained the signatures of 424 qualified voters; and, WHEREAS, as a result of said determination, the City Clerk of the City of Paris, Paris, Texas, certified to the City Council of the City of Paris, Paris, Texas, that the petition referenced herein contained the number of qualified voters required by Section 141.034; and, WHEREAS, Section 141.034 of the Texas Local Government Code authorizes the governing body to 1) adopt the proposed minimum salary stated in the petition; 2) offer an alternative minimum salary proposal pursuant to the state statute; or 3) call an election on the proposed minimum salary as provided by state law; and, WHEREAS, the City Council of the City of Paris, Paris, Texas, recognized its obligation pursuant to Section 141.034 of the Texas Local Government Code, subj ect to the possibility of reaching an agreement with a committee of petitioners designated in the aforesaid petition as to an alternative salary proposal, to call an election on the first authorized uniform election date under Chapter 41, Election Code that occurs after the 65th day after the date the petition was filed; and, WHEREAS, the City Council found and determine that the aforesaid date for said election was Saturday, September 14, 2002; and, WHEREAS, the City Council and the committee of petitioners failed to reach an agreement as to an alternative salary proposal; and, WHEREAS, the City Council desires to in all things comply with the requirements of State law for said election as established by Section 141.034 of the Texas Local Government Code; and, WHEREAS, the City Council of the City of Paris, Paris, Texas, did therefore, on the 8th day of July, 2002, by Resolution No. 2002-124, order a special municipal election for the city of Paris to be held on the 14th day of September, 2002, by the qualified voters of the city of Paris, to consider a proposition on the question of increasing pay for members of the Fire Department of the City of Paris; and, WHEREAS, again pursuant to prior Resolution No. 2002-124, an election was held by the City of Paris to enable the qualified voters of the city of Paris, Texas, on the 14th day of September, 2002, to vote for or against the aforesaid proposition on the question of increasing pay for members of the Fire Department; 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 all seven (7) Districts and early voting of the City of Paris, Paris, Texas; and, WHEREAS, sealed returns of said election for all seven (7) Districts, made by the duly appointed and designated election officials of and for the respective voting boxes, 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; NOW, THEREFORE, 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 a special election was held city-wide in all Council Districts of the City of Paris, Paris, Texas on Saturday, September 14, 2002, for the purpose of submitting to the qualified voters of the city of Paris one proposition on the question of increasing pay for members of the Fire Department of the City of Paris with the proposition to be expressed on the official ballot in accordance with Section 141.034 of the Texas Local Government Code in the form as follows: "Proposition No. 1 ❑ YES Adoption of the proposed minimum salaries of each member of the fire ❑ NO department for the City of Paris in the amount applicable to each classification as follows, to be effective October 1, 2002: Paris Fire Department Classification Hourlv Bi-Weeklv Monthlv Annuallv Fire Fighter (entry) 10.49 1,174.88 2,545.57 30,546.88 Fire Fighter (1 yr in class) 12.07 1,351.84 2,928.98 35,147.84 Fire Fighter (3 yrs in class) 12.57 1,407.84 3,050.32 36,603.84 Fire Fighter (6 yrs in class) 13.07 1,463.84 3,171,65 38,059.84 Driver (entry) 13.64 1,527.68 3,309.97 39,719.68 Driver (2 yrs in class) 14.14 1,583.68 3,431.31 41.175.68 Engineer (entry) 14.65 1,640.80 3,555.07 42,660.80 Engineer (2 yrs in class) 15.15 1,696.80 3,676.40 44,116.80 Engineer (4 yrs in class) 15.65 1,752.80 3,797.73 45,572.80 Deputy Chief 16.46 1,843.52 3,994.29 47,931.52 Training Officer 23.04 1,843.52 3,994.29 47,931.52" Section 3. That, in Council District 1, a total of votes were cast for Proposition 1 as follows: Early District Voting Total Yes No Section 4. That, in Council District 2, a total of votes were cast for Proposition 1 as follows: District Yes No Section 5. That, in Council District 3, a total of 1 as follows: District Early Voting Total votes were cast for Proposition Early Voting Total Yes No Section 6. That, in Council District 4, a total of votes were cast for Proposition 1 as follows: Early District Voting Total Yes No Section 7. That, in Council District 5, a total of votes were cast for Proposition 1 as follows: Early District Voting Total Yes No Section 8. That, in Council District 6, a total of votes were cast for Proposition 1 as follows: Early District Voting Total Yes No Section 9. That, in Council District 7, a total of votes were cast for Proposition 1 as follows: Early District Voting Total Yes No Section 10. That, from the above and foregoing canvass of the returns of the votes in Council Member Districts 1, 2, 3, 4, 5, 6, and 7, for District and early voting, it is declared and determined that a total of Yes votes were cast in favor of the aforesaid proposition, and a total of No votes were cast in opposition to the aforesaid proposition, and it is further declared and determined that the aforesaid proposition adopting proposed minimum salaries and increasing the pay for members of the fire department of the City of Paris, Texas, DIDIDID NUT pass. Section 11. 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 special 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 17th day of September, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney