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19 Motion to accept the Cert. of InsufficiencyCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 2-29-2008 City Clerk Janice Ellis Council Date: 19 3-10-2008 RECOMMENDED MOTION: Motion to accept the Certificate of Insufficiency. POLICY ISSUE(S~: BACKGROUND; On February 25, 2008, the Cit~~ received an uutiative petition proposing an ordinance prohibiting the authorization of the power to negotiate for the sale of raw water from Lake Pat Mayse and Lake Crook to be transported beyond the boundaries of Lamar County, Texas. ~fter review of the City Charter and the Texas Election Code, it was determined that the petirion was insufficient pursuant to the Texas Election Code Section 277.002(1)(B) and (D). The section specifically states a petition must contain the signer's date of birth or voter registration number and the date of signing. Pursuant to the Paris City Charter, the Committee has been notified of the insufficiency of the Perition. BOARD~COMMISSION RECOMMENDATION: EXHIBITS: Certificate of Insufficienc~ ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ~ Administration ~ City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 CERTIFICATE OF INSUFFICIENCY - INITIATIVE PETITION I, Janice Ellis, City Clerk of the City of Paris, Texas, in accordance with Section 103 of the Paris City Charter, do hereby certify that the initiative petition proposing an ordinance prohibiting the authorization of the power to negotiate for the sale of raw water fiom Lake Pat Mayse and Lake Crook to be transported beyond the boundaries of Lamar County, Texas, filed February 25, 2008, is insufficient under the provision of § 277.002 of the Texas Election Code. Specifically, the petition failed to meet requirements as set out in the Texas Election Code §277.002(1)(B) and (D), which states a petition must contain the signer's date of birth or voter registration number and the date of signing. )AA9NNICEE ELLIS, City Clerk STATE OF TEXAS COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Janice Ellis, City Clerk ofParis, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GNEN LTNDER MY HAND AND SEAL OF OFFICE, this Qq day of February, 2008. NOTARY PUBLIC, STATE OF TEXAS NICKI LYNN BROWN Notary Public, State of Texas My Commission Expires July 11, 2009