2005-076-RES CONSIDER ORDINANCE PROHIBITING THE COLLECTION HANDLING AND DISPOSITION OF RESIDENTIAL GARBAGE

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RESOLUTION NO. 2005-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ORDERING A CITY-WIDE SPECIAL ELECTION TO BE HELD IN THE CITY OF PARIS ON THE SECOND SATURDAY IN SEPTEMBER 2005, THE SAME BEING THE 10TH DAY OF SEPTEMBER 2005, BETWEEN THE HOURS OF 7:00 O'CLOCK A.M. AND 7:00 O'CLOCK P.M., TO CONSIDER A PROPOSITION CALLING FOR THE ADOPTION OF AN ORDINANCE PROHIBITING THE COLLECTION, HANDLING, AND DISPOSITION OF RESIDENTIAL GARBAGE, TRASH, AND RUBBISH AND FOR THE METHOD OF FIXING CHARGES FOR SUCH SERVICE; PRESCRIBING THE FORM OF THE BALLOT; PERMITTING ONLY RESIDENT QUALIFIED VOTERS TO VOTE; PROVIDING FOR EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR NOTICE OF THE ELECTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, an Initiative Petition was filed on June 10,2005 with the City Clerk of the City of Paris; and, WHEREAS, the purpose of the aforesaid Petition, contingent upon sufficient signatures thereon, was to call for the adoption by the City Council of, or in the alternative the submittal to an election of, an Ordinance prohibiting privatization of residential garbage service requiring the use of City equipment and personnel, requiring a monthly rate based on component costs, providing fines up to $2,000.00 per day for violations, and providing a severability clause and an effective date; and, WHEREAS, the City Clerk, in conformance with Section 103 of the City Charter, completed her review of the signatures appended to such Petition with regard to the validity of the aforesaid signatures, and their compliance with the requirements of the City Charter and the Texas Election Code as to whether or not they represented the signatures of qualified voters in a sufficient amount to qualify the Petition appended thereto; and, WHEREAS, the City Clerk, again in conformance with Section 103 of the City Charter, at the next regular meeting ofthe City Council following the filing of the Petition, the same being June 27, 2005, did certify the results of said Petition to the City Council, and the City Council did by formal resolution accept and acknowledge the City Clerk's certification that sufficient valid signatures appeared on the Petition to qualify the Petition as an Initiative Petition under the City Charter; and, WHEREAS, thereafter, in conformance with Section 106 of the City Charter, the City Council did, at its June 27,2005 regular meeting, proceed at once to consider said Petition, read the proposed Initiative Ordinance aloud, and conduct a public hearing upon the proposed Ordinance, public notice of said hearing having been published at least twice in the Paris News in advance of the aforesaid public hearing; and, .1.