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13-INITIATIVE PETITION ; SUPPLEMENTAL PETITION - CHARTER REQUIREMENTCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 02/04/2011 Council Date: City Clerk Janice Ellis 13. 02/ 14/2011 RECOMMENDED MOTION: Not an action item POLICY ISSUE(S): Charter requirement BACKGROUND: On January 5, 2011, the City of Paris received an Initiative Petition proposing an Ordinance prohibiting the privatization of the collection and disposition of residential trash. Under Charter requirement, the petition needed to contain signatures of 370 qualified voters to bring the issue to a vote. That petition was insufficient, because it contained 320 qualified voters to bring the issue to a vote. On January 24~h a notice of insufficiency was sent to the Committee of Petitioners. On January 28, 2011, a supplemental petition was received and it contained the signatures of an additional 111 qualified voters. The supplemental petition corrected the insufficiency and a certificate of sufficiency has been issued. Section 103 of the City Charter requires that the City Clerk complete an examination of the petition and certify the result to the Council. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Report ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'rD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fite ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 70 Revised 2/04/08 CERTIFICATE OF SUFFICIENCY - INITIATIVE & SUPPLEMENTAL PETITION I, Janice Ellis, City Clerk of the City of Paris, Texas, in accordance with the Paris City Charter, do hereby certify that the initiative petition proposing an ordinance prohibiting the privatization of the collection and disposition of residential garbage, trash, and rubbish, and providing for a method of fixing charges for such service, filed January 5, 2011, together with the supplemental petition filed January 28, 2011, to be sufficient under the provision of Article X, Sections 100 and 104 of the Charter of the City of Paris, Texas. See Report of City Clerk attached hereto as Exhibit "A." NICE ELLIS, City Clerk STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared Janice Ellis, City Clerk of 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 31st day of January, 2011. `~~~au nw KAY ROBIN NO~D NOTARv PU= STA7E OF TS NOT Y PUBLIC, STATE OF TEXAS 7(A ' ' My Commission ExDi-20-2013 ''~innmma"`~ 71 REPORT OF THE CITY CLERK Upon receiving the supplemental initiative petition, several days were spent accessing information from the County Clerk's Office and reviewing the voter registration list. I reviewed a total of 119 names on the supplemental petition proposing an Ordinance of the City Council of the City of Paris, Lamar County, Texas prohibiting the privatization of the collection and disposition of residential garbage, trash, and rubbish, and providing for a method of fixing charges for such service, and making other findings and provisions related to the subject of residential garbage, trash, and rubbish collection, and providing for a penalty, and providing a severability clause, and repealing all Ordinances or parts of Ordinances in conflict herewith, and providing for an effective date. Out of that number, 8 signatures were disqualified because they were not registered voters of the City of Paris. In order to bring this issue to a vote, the petition and supplemental petition combined required signatures of 370 qualified voters. The petition and supplemental petition contained a combined tota] of 431 qualified voters. Based upon the information set out above, I have issued a certificate of sufficiency. Signed this 31 st day of January, 2011. NICE ELLIS, City Clerk EXHIBIT "A" ~I G