10-B Initiative Pet Cert
DRAFT
F:A TTORNEY\RESOWRK\CURRENT\ Certification of Initiative Petition Res
June 15,2005
RESOLUTION NO.
A RESO L UTI ON OF THE CITY CO UN CIL OF THE CITY OF PARIS,
PARIS, TEXAS, RECEIVING AND ACKNOWLEDGING THE
CERTIFICATION BY THE CITY CLERK OF AN INITIATIVE PETITION
CALLING FOR THE ADOPTION BY CITY COUNCIL, OR IN THE
ALTERNATIVE SUBMITTAL TO ELECTION, OF AN ORDINANCE
PROHIBITING THE PRIVATIZATION OF RESIDENTIAL TRASH
SERVICE 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 June 10,2005 with the City Clerk of the City
of Paris; and,
WHEREAS, the purpose of the aforesaid petition, contingent upon sufficient signatures
thereon, is to call for the adoption by the City Council of, or in the alternative the submittal to an
election of an ordinance prohibiting privatization of residential garbage service and fixing charges
for such service; and,
WHEREAS, the City Clerk has completed her review of the signatures appended to such
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 represent the
signatures of qualified electors in sufficient amount to qualify the petition appended thereto; and,
WHEREAS, the City Clerk has certified that there are sufficient signatures appended to said
petition and has so advised the City Council; and,
WHEREAS, the City Council desires to receive and accept the aforesaid certification by the
City Clerk; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That in accordance with Section 103 of the City Charter, the City Clerk has
presented a certification to the City Council, a copy of which is attached hereto, that sufficient
signatures of qualified electors have been appended to an Initiative Petition filed with the City Clerk
on June 10, 2005 to satisfy the requirements of the City Charter to qualify the aforesaid Petition as
an Initiative Petition under the City Charter and the Texas Election Code, and the City Council does
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hereby accept and receive the aforesaid Petition based on the certification of the City Clerk, which
such Petition calls for consideration by the City Council of the following ordinance, described by
its caption appended thereto which reads as follows:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, 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."
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 27th day of June, 2005.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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CERTIFICATE OF SUFFICIENCY - INITIATIVE PETITION
. I, Janice Ellis, City Clerk of the City of Paris, Paris, Texas do hereby certify the initiative petition
. against privatization of trash services, filed June 10, 2005, to be sufficient under the provision of
Chapter X, Sections 100, 102, and 103 of the Charter of the City of Paris, Paris, Texas.
ICE ELLIS, City Clerk
STATE OF TEXAS
§
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COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Janice Ellis, City
Clerk of Paris, Paris, Texas, known to me to be the person \vhose 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 I~ ~ day of June, 2005.
ALICE M. PJNALTO
NOTARY PUBUC
~. STATEOF~
" My Commission &pins 01-29-2008
Of , ~:. %. ~ Ix/¡¿--
NOTARY PUBLIC, STATE OF T XAS
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