03 Special Elect Canv Res 1DRAFT
F:ALICE�RFSWORK\CURRENT\ Special Elecrion Fire Depty Rerirement System - Canvass Res #1
December 12, 2003
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 15, 2004,
CITY-WIDE SPECIAL ELECTION ON THE QUESTION OF EXEMPTING
THE CITY OF PARIS AND THE PARIS FIREFIGHTERS RELIEF AND
RETIREMENT FLTND FROM THE APPLICATION OF THE
REQLTIREMENTS OF ARTICLE XVI, SECTION 66 OF THE TEXAS
CONSTITUTION, ENTITLED "PROTECTED BENEFITS LTNDER
CERTAIN PUBLIC RETIREMENT SYSTEMS;" MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas, by adoption of House Joint Resolution
No. 54, provided for submittal of a new Article XVI, Section 66 to the Texas Constitution to the
electorate of the State of Texas; and,
WHEREAS, the aforesaid Article XVI, Section 66 to the Texas Constitution was adopted
by a majority vote of the electorate of the State of Texas; and,
WHEREAS, as a consequence of the adoption of said Article XVI, Section 66 to the
Texas Constitution, entitled "Protected Benefits Under Certain Public Retirement Systems," the
Paris Firefighters Relief and Retirement Fund would be subject to the provisions of said Article
XVI, Section 66; and,
WHEREAS, Article XVI, Section 66 authorized the City Council of the City of Paris, as
a political subdivision governed by said constitutional provision with a retirement system falling
under said constitutional provision, to seek exemption from the provisions of Article XVI, Section
66 by submitting the issue of said exemption to the voters of the City Paris; and,
WHEREAS, Article XVI, Section 66 provides that any such election seeking exemption
must be held on May 15, 2004; and,
WHEREAS, the City Council of the City of Paris, Paris, Texas, did on the 9r'' day of
February, 2004, by Resolution No. 2004-022 order a special city-wide municipal election for the
City of Paris to be held on the 15r'' day of May, 2004, by a11 of the qualified voters of the City
of Paris, to consider a proposition on the question of exempting the City of Paris and the Paris
Firefighters Relief and Retirement Fund from the application of Article XVI, Section 66 of the
Texas Constitution, entitled "Protected Benefits Under Certain Public Retirement Systems;" and,
WHEREAS, again pursuant to prior Resolution No. 2004-022, an election was held by
the City of Paris to enable the qualified voters of the City of Paris, Texas, on the 15r'' day of May,
2004, to vote for or against the aforesaid proposition on the question of exempting the City of
Paris and the Paris Firefighters Relief and Retirement Fund from the application of the
requirements of Article XVI, Section 66 of the Texas Constitution; 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 all seven (7) Districts and early voting of the City
of Paris, Paris, Texas; and,
WHEREAS, sealed returns of said election for a11 seven (7) Districts, made by the duly
appointed and designated election officials of and for the respective voting boxes, ha�ing 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 COLTNCIL 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 a11 Council Districts of the City
of Paris, Paris, Texas on Saturday, May 15, 2004, for the purpose of submitting to the qualified
voters of the City of Paris one proposition on the question of exempting the City of Paris and the
Paris Firefighters Relief and Retirement Fund from the application of the requirements of Article
XVI, Section 66 of the Texas Constitution, with the proposition expressed on the official ballot
in accordance with Article XVI, Section 66 of the Texas Constitution in the form as follows:
"Proposition No. 1
❑ FOR That the City of Paris and the Paris Firefighters Relief and
Retirement Fund shall be exempted from the application of the
❑ AGAINST requirements of Article XVI, Section 66 of the Texas Constitution,
entitled Protected Benefits Under Certain Public Retirement
Systems.
Section 3 That, in Council District 1, a total of 110 votes were cast regarding Proposition
1 as follows:
Earlv Votin� District 1 Total
For 11 43 54
Against 3 53 56
Total Cast 110
Section 4. That, in Council District 2, a total of 22 votes were cast regarding Proposition
1 as follows:
For
Against
Earlv Votin�
0
0
District 2 Tota1
12 12
10 10
Total Cast 22
Section 5. That, in Council District 3, a total of 96 votes were cast regarding Proposition
1 as follows:
Earlv Votin� District3 Total
For 11 24 35
Against 4 57 61
Total Cast 96
Section 6. That, in Council District 4, a total of 4lvotes were cast regarding Proposition 1
as follows:
For
Against
Earlv Votin�
. g
1
District 4 Total
10 18
22 23
Total Cast 41
Section 7. That, in Council District 5, a total of 29 votes were cast regarding Proposition
1 as follows:
For
Against
Earlv Votin�
.2
0
District5 Total
12 14
15 15
Total Cast 29
Section 8. That, in Council District 6, a total of 224 votes were cast regarding Proposition
1 as follows:
Earlv Votin� District 6 Total
For 45 86 131
Against 15 78 93
Total Cast 224
Section 9. That, in Council District 7, a total of 133 votes were cast regarding Proposition
1 as follows:
For
Against
Total For
Total Against
Earlv Votin�
16
2
District 7
50
65
Total Cast
Total
66
67
133
330
325
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 and early voting, it is declared and determined
that a total of 330 For votes were cast in fa�or of the aforesaid proposition, and a total of 325
Against votes were cast in opposition to the aforesaid proposition, and it is further declared and
determined that the aforesaid proposition exempting the City of Paris and the City of Paris
Fireman's Pension Fund from the application of the requirements of Article XVI, Section 66 of
the Texas Constitution, DID pass.
Section 11. That the results of this canvass and the findings that the aforesaid proposition
was approved by the voters of the City of Paris and did pass shall be, and is hereby, subject to and
conditioned upon the outcome of a Recount Petition which has been filed with the appropriate
election official of the City of Paris and is pending at the time of the passage of this resolution.
Section 12. 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 24th day of May, 2004.
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney