Loading...
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