12-Canvassing the return for the Special City-Wide Election
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
05/16/11
Council Date: City Council Mayor Biard 12.
05/23/11
RECOMMENDED MOTION:
Move to approve a Resolution canvassing the returns for the May 14, 2011 City-Wide Election held on
May 14, 2011, to consider a proposition calling for the adoption of an Ordinance Prohibiting
Privatization of the collection, handling, and disposal of residential garbage, trash, and rubbish, and
providing a method of fixing charges for such service.
POLICY ISSUES):
Election procedures
BACKGROUND:
A special election was held in the City of Paris, Texas, on May 14, 2011, to consider the following
proposition:
PROPOSITION NO. 1
"An Ordinance maintaining the residential solid waste collection with the City of Paris;
requiring City equipment and employees to be used for such service; and requiring the
City Council to set a monthly rate for residential garbage handling and disposal based on
employee cost, equipment cost, landfill cost, and billing cost."
Of the votes cast at the special election, there were 704 "For" in favor of the proposition and 541
"Against" votes were cast in opposition to the proposition.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution and unofficial tabulation
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
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S/attorney/elections/Special Election-Initiative Petition Canvass Res
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
CANVASSING THE RETURNS OF THE MAY 14, 2011 CITY-WIDE SPECIAL
ELECTION ON A PROPOSITION CALLING FOR THE ADOPTION OF AN
ORDINANCE PROHIBITING PRIVATIZATION OF THE COLLECTION,
HANDLING, AND DISPOSAL OF RESIDENTIAL GARBAGE, TRASH, AND
RUBBISH, AND PROVIDING A METHOD OF FIXING CHARGES FOR SUCH
SERVICE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, an Initiative Petition was filed on January 5, 2011, and a supplemental
petition was filed January 28, 2011, with the City Clerk of the City of Paris; and,
WHEREAS, the purpose of the aforesaid Petition, was to call for the adoption by the
City Council of an Ordinance prohibiting privatization of the collection and disposition of
residential garbage, trash, and rubbish and providing for the method of fixing charges for
such service, or in the alternative the submittal of an Ordinance to the qualified voters of
the City of Paris prohibiting privatization of residential collection and disposition of
garbage, trash, and rubbish, and providing for the method of fixing charges for such
service; and,
WHEREAS, the City Clerk, in conformance with Section 103 of the City Charter,
completed her review of the signatures appended to such Petition and Supplemental
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 of the City Council following filing of the Petition and
Supplemental Petition, the same being January 24, 2011, 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 February 14, 2011, 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,
WHEREAS, thereafter, again in conformance with Section 106 of the City Charter,
the Council took final action on the Ordinance by failing to pass said Ordinance, and as a
consequence, the City Council, in conformance with Section 107 of the City Charter,
adopted Resolution No. 2011-008 submitting the aforesaid proposed Initiative Ordinance
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to the qualified voters of the City of Paris for a final vote thereon; and,
WHEREAS, in conformance with the Texas Election Code, said election was
conducted on one of the uniform election dates set out in the Election Code, the next
available uniform election date being the second Saturday in May 14, 2011; and,
WHEREAS, as required by order of the District court of the United States for the
Eastern District of Texas, Paris Division, in Civil Action No. P-75-3-CA, and as provided in
the Charter of the City of Paris and the laws of the State of Texas, such election was
conducted and held at the specified and designated polling places for all seven (7) Districts
in the City of Paris and early voting was conducted at the Lamar County Courthouse Annex
Paris, Texas; and,
WHEREAS, sealed returns of said election for all seven (7) Districts, made by the
duly appointed and designated election officials of and for the respective voting boxes,
having been made to the Mayor and City Council of the City of Paris, as required by law,
which returns after due and deliberate review and canvass thereof, show the results as
summarized herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved and adopted herein.
Section 2. That a special election was held city-wide in all Council Districts of the
City of Paris, Texas on Saturday, May 14, 2011 for the purpose of submitting to the
qualified voters of the City of Paris one proposition calling for the adoption of an ordinance
prohibiting the City of Paris from privatizing the collection, handling, and disposition of
residential garbage, trash, and rubbish and providing for the method of fixing charges for
such service in the form as follows:
"PROPOSITION NO. 1
"An Ordinance maintaining the residential solid waste collection with
the City of Paris; requiring City equipment and employees to be used for
such service; and requiring the City Council to set a monthly rate for
residential garbage handling and disposal based on employee cost,
equipment cost, landfill cost, and billing cost."
❑ Forthe Ordinance ❑ Against the Ordinance
Section 3. That, a canvass of the returns of the special election and a tabulation of
the votes cast therein for and against Proposition No. 1, reflect that a majority of the
qualified voters of the City of Paris, Texas, voted "For" Proposition No. 1. A copy of the
tabulation is attached hereto as Exhibit "A."
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Section 4. That, from the foregoing canvass of the returns of the votes in Council
Member Districts 1, 2, 3, 4, 5, 6, and 7 and early voting, it is declared and determined that a
total of 704 "For" votes were cast in favor of the aforesaid proposition, and a total of 541
"Against" votes were cast in opposition to the aforesaid proposition, and it is further
declared and determined that the aforesaid proposition calling for the adoption of an
Ordinance prohibiting the City of Paris from privatizing the collection, handling, and
disposition of residential garbage, trash, and rubbish and providing for the method of fixing
charges for such service, DID pass and that the aforesaid Ordinance, attached hereto as
Exhibit "B", shall be and is by act of law hereby adopted as an Ordinance of the City of Paris.
Section 5. That this resolution shall be effective from and after its date of passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Paris
convened pursuant to the directions of the Election Code of the State of Texas and the Open
Meetings Act of the State of Texas, this 23rd day of May, 2011.
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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i
PRE1 S C OONTE(1 (OF l t U. ti('
VOTERS Y{ IAi _
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SPECIAL ELECTION, PROPOSITION NJ. I
KO fo 11
f y W Gr: mnce. 704 56.55 403 23 7
Aga - t the Mmame . 543 43.x5 ms _ 34
A"EN' Y._ NT, PROPOSI T ION 1
C' r Amendment 836 57.37 466 23 347
A the Carter A-neniment 405 32.63 255 14
i;WTER AMENDMENT, MPOSITION 2
VOTE FOR
For the Charter kmendrent ?.(62 86.02 27 40,
Agai mt the (:barter Amen&pnt. l r 1318 106 2 63
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DRAFT
Statiomeylelectiontspecial election exhibit b prop
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
PROHIBITING PRIVATIZATION OF THE COLLECTION HANDLING AND
DISPOSITION OF RESIDENTIAL GARBAGE, TRASH, AND RUBBISH AND
PROVIDING FOR THE METHOD OF FIXING CHARGES FOR SUCH SERVICE;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY
CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about September 28, 2010, the City of Paris issued a request for
proposals for landfill and private residential solid waste collection services for the City;
and,
WHEREAS, the city received several proposals from private companies interested in
providing landfill and residential solid waste collection services for the City of Paris; and,
WHEREAS, an initiative petition to prohibit the privatization of residential solid
waste collection was filed with the City Clerk on January 5, 2011. The petition was returned
as insufficient, because it did not contain the requisite number of signatures of qualified
voters of the City of Paris; and,
WHEREAS, on January 28, 2011, petitioners filed a supplemental petition
containing an additional 111 signatures, bringing the total number of qualified signatures
on the initiative petition to 431 signatures, said petition was found to be sufficient and was
forwarded to the City Council for further action; and,
WHEREAS, the initiative petition did not receive support from the majority of the
City Council, therefore the City Council called a special election for May 14, 2011 to allow
the voters to decide the matter; and,
WHEREAS, on May 14, 2011 the voters of the City of Paris voted in favor of keeping
residential solid waste collection with the City's Public Works Department by a total vote of
704 to 541.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are found to
be true and correct and are hereby in all things approved.
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Section 2. That residential solid waste collection services for the City of Paris
shall be handled by City employees and with City equipment in accordance with this
ordinance and in accordance with Chapter 16 of the City Codes of Ordinances.
Section 3. That the City Council shall set a monthly rate for residential garbage
handling and disposition which rate shall reflect the cost of such service which will include
component parts as follows:
1) Employee cost
2) Equipment cost
3) Landfill cost
4) Billing cost
Section 4. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. Any violation of this ordinance can be enjoined by a suit filed in the
name of the City of Paris in a court of competent jurisdiction, and this remedy shall be in
addition to any penal provision provided for in this ordinance or in the City Code of
Ordinances of the City of Paris, Texas.
Section 8. That the City Council voted by a supermajority vote of five to suspend
the rule requiring two readings before adoption of ordinances ayes and _ nays.
Section 9. That this ordinance shall become effective from and after its passage
on the first reading and publication as required by law.
PASSED AND ADOPTED on first and final reading by at least a two-thirds (2/3)
vote of the City Council this 23rd day of May, 2011.
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Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
73