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03 Canvass Election ReturnsDRAFT F:~Attorney~ALICEkRESWORK\CURRENT\CANVAS 4, 5, & 7 Election 5-03.wpd May 2, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 3, 2003, GENERAL ELECTION FOR COUNCIL DISTRICT 7; DECLARING THE WINNER IN SAID ELECTION; ACKNOWLEDGING THE RESULTS OF PRIOR COUNCIL ACTION DECLARING CANDIDATES AS ELECTED TO OFFICE FOR COUNCIL DISTRICTS 4 AND 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 February, 2003, by Resolution No. 2003-027, order the regular municipal election for the City of Paris to be held on the 3rd day of May, 2003, 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 5 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, the City Council of the City of Paris, Paris, Texas, by prior Ordinance No. 2003-013, adopted on April 10, 2003, did, pursuant to the authority granted in V.T.C.A. Election Code, Section 2.053, deem it appropriate that the candidates for election as City Council Members for Districts 4 and 5 be declared elected to office and that no election should be held in those Districts; and, WHEREAS, as a consequence of said Ordinance No. 2003-013, the candidate for District 4, the same being Jay Guest, and the candidate for District 5, the same being Curtis Fendley, were declared elected to office; and, WHEREAS, pursuant to prior Resolution No. 2003-027, an election was held by the qualified voters of District 7 of the City of Paris, Paris, Texas, on the 3rd day of May, 2003, for the purpose of voting for and electing a Council Person to serve as a member of the City Council from the aforesaid District 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 polling places for District 7 and early voting of the City of Paris, Paris, Texas; and, WHEREAS, sealed returns of said election for District 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 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, in Council District 7, a total of Council Member from District 7 as follows: votes were cast for candidates for (1) IN DISTRICT 7, A TOTAL OF VOTES WERE CAST FOR COUNCIL MEMBER FROM DISTRICT 7 AS FOLLOWS: Early District Voting Total Brady Fisher Jim Bell Write-In Candidate 0 0 0 Section 3. 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 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 4. That, in accordance with Ordinance No. 2003-013 (which, in compliance with State law and the certification of the City Clerk, declared elected to office candidates for Council Districts 4 and 5), the following Council Members have heretofore been previously declared elected to office, certified as having been authorized to serve in said position, and are hereby designated as Council Members 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 - Jay Guest and Council Member from District 5 - Curtis Fendley. 2 Section 5. 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 6. 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 8th day of May, 2003. ., Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney