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public notice of said hearing having been published at least twice in the Paris News in advance of the <br />aforesaid public hearing; and, <br />WHEREAS, <br /> thereafter, again in conformance with Section 106 of the City Charter, the <br />Council took final action on the Ordinance by failing to pass said Ordinance, and as a consequence, <br />the City Council, in conformance with Section 107 of the City Charter, desires to adopt an ordinance <br />submitting the aforesaid proposed Initiative Ordinance to the electors for a final vote thereon; and, <br />WHEREAS, <br /> in conformance with the Texas Election Code, said election must be conducted <br />at one of the uniform election dates set out in the Election Code, the next available uniform election <br />date being the second Saturday in September, September 10, 2005; and, <br />WHEREAS, <br /> the City Council therefore desires to order a city-wide election to be conducted <br />NOW, THEREFORE, <br />on September 10, 2005 regarding the adoption of the proposed Ordinance; <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, <br />TEXAS: <br />Section 1. <br /> That the findings set out in the preamble to this resolution are hereby in all things <br />approved. <br />Section 2. <br /> That a special election shall be and is hereby ordered to be held city-wide in all <br />Council Districts of the City of Paris, Paris, Texas, on Saturday, September 10, 2005, between the <br />hours of 7:00 o'clock a.m. and 7:00 o'clock p.m., for the purpose of submitting to the qualified voters <br />of the City of Paris one proposition calling for the adoption of an ordinance prohibiting the City of <br />Paris from privatizing the collection, handling, and disposition of residential garbage, trash, and <br />rubbish, requiring the use of City Public Works equipment and employees for such service, providing <br />for the method to determine the monthly rate for such service based on stated component costs, and <br />providing fines, a severability clause, and an effective date; a copy of said proposed ordinance is <br />attached hereto as Exhibit No. 1. <br />Section 3. <br /> That the City Clerk of the City of Paris shall be and is hereby directed to prepare <br />the necessary documents and to proceed in acquiring the ballots such that the vote shall be held upon <br />an official ballot prepared in such a manner as will permit the voters of the City of Paris to vote "For <br />the Ordinance" or "Against the Ordinance", with the proposition to be expressed on the official ballot <br />in accordance with Section 108 of the City Charter of the City of Paris, in a form substantially as <br />follows: <br />PROPOSITION NO. 1 <br />" <br />“An Ordinance prohibiting the City of Paris from privatizing the collection, handling, <br />and disposition of residential garbage, trash, and rubbish; requiring City equipment <br />and employees be used for such service; requiring the City Council to set a monthly <br />rate for residential garbage handling and disposition based on employee cost, <br />equipment cost, landfill cost, and billing cost; subjecting persons convicted of <br />violating said Ordinance to fines of up to $2,000.00 for each and every day’s <br />-2- <br /> <br />