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2011-007 RES ACKNOWLEDGING THE CERTIFICATION OF INITIATIVE PETITION CALLING FOR THE ADOPTION OF AN ORDINANCE PROHIBITING THE PRIVATIZATION OF RESIDENTIAL TRASH COLLECTIONRESOLUTION NO. 2011-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, RECEIVING AND ACKNOWLEDGING THE CERTIFICATION BY THE CITY CLERK OF AN INITIATIVE PETITION CALLING FOR THE ADOPTION BY CITY COUNCIL OF AN ORDINANCE PROHIBITING THE PRIVATIZATION OF THE COLLECTION AND DISPOSITION OF RESIDENTIAL TRASH IN THE CITY OF PARIS AND PROVIDING A METHOD OF FIXING CHARGES FOR SUCH SERVICE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an Initiative Petition was filed on January 5, 2011 with the City Clerk of the City of Paris and a Supplemental Petition was filed on January 28, 2011; and, WHEREAS, the purpose of the aforesaid Initiative Petition and Supplemental Petition, is to call for the adoption by the City Council of an ordinance prohibiting the privatization of the collection and disposition of residential trash in the City of Paris and providing a method of fixing charges for such service; and, WHEREAS, the City Clerk has completed her review of the signatures appended to the Initiative Petition and Supplemental Petition to determine whether the signatures comply with the requirements of the City Charter and the Texas Election Code as to whether or not they represent the signatures of qualified electors in sufficient amount to certify the Initiative Petition to the City Council; and, WHEREAS, the City Clerk has certified that there are sufficient signatures appended to said Petition and Supplemental Petition and has so advised the City Council; and, WHEREAS, the City Council desires to receive and accept the Certification of Sufficiency presented by the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. In accordance with Sections 103, 104 and 105 of the City Charter, the City Clerk has presented a Certificate of Sufficiency for the Initiative Petition filed January 5, 2011 and amended by Supplemental Petition filed January 28, 2011 to the City Council, a copy of which is attached hereto as Exhibit A, that sufficient signatures of qualified electors have been appended to an Initiative Petition filed january 5, 2011 and a Supplemental Petition filed with the City Clerk on January 28, 2011 to satisfy the requirements of the City Charter to qualify the aforesaid Petition and its Supplement as an Initiative Petition under the Ciry Charter and the Texas Election Code. Section 3. The City Council does hereby accept and receive the aforesaid Petition and its Supplement based on the certification of the City Clerk, which such Petition calls for consideration by the Ciry Council of the following ordinance, described by its caption appended thereto which reads as follows: "AN ORDINANCE BY AND FOR THIS CITY OF PARIS, LAMAR COUNTY TEXAS, PROHIBITING 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." Section 4. Upon receipt of a certified Initiative Petition and its Supplemental Petition from the Ciry Clerk and in accordance with Section 106 of the City Charter, the City Council of the City of Paris shall proceed at once to consider such Petition. Section S. This resolution shall be effective immediately upon passage. DULY PASSED AND APPROVED this 14th day of February, 2011. k7-- 'Mll Biard, Mayor ATTEST: , nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McII ar, Ct(y ' Attorney 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 31 st day of January, 2011. Kp~y ~~OBIN NQHW(l~D ~ s~""`11II'I'//,i~i, gaj NOT Y PUBLIC, STATE OF TEXAS ~ ,ry~i//I/IIIIIN~~~~\\ ~ EXHIBIT A 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 narnes 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 total 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"