10-E Res Order Election
DRAFT
F:ATTORNEY\ORDWORK\CURRNET\ Special Election - Initiative Pet Ordering Election
June 15, 2005
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, ORDERING A CITY-WIDE SPECIAL ELECTION TO BE
HELD IN THE CITY OF PARIS ON THE SECOND SATURDAY IN
SEPTEMBER 2005, THE SAME BEING THE 10TH DAY OF SEPTEMBER
2005, BETWEEN THE HOURS OF 7:00 O'CLOCK A.M. AND 7:00
O'CLOCK P.M., TO CONSIDER A PROPOSITION CALLING FOR THE
ADOPTION OF AN ORDINANCE PROHIBITING THE COLLECTION,
HANDLING, AND DISPOSITION OF RESIDENTIAL GARBAGE, TRASH,
AND RUBBISH AND FOR THE METHOD OF FIXING CHARGES FOR
SUCH SERVICE; PRESCRIBING THE FORM OF THE BALLOT;
PERMITTING ONLY RESIDENT QUALIFIED VOTERS TO VOTE;
PROVIDING FOR EARLY VOTING; PROVIDING FOR AN EARLY
VOTING BALLOT BOARD; PROVIDING FOR NOTICE OF THE
ELECTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING 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, was 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 requiring the use of
City equipment and personnel, requiring a monthly rate based on component costs, providing fines
up to $2,000.00 per day for violations, and providing a severability clause and an effective date; and,
WHEREAS,
the City Clerk, in conformance with Section 103 of the City Charter, 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 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 the filing of the Petition, the same being June
27, 2005, 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 June 27, 2005 regular meeting, proceed at once to consider said Petition, read the
proposed Initiative Ordinance aloud, and conduct a public hearing upon the proposed Ordinance,
-1-
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, desires to adopt an ordinance
submitting the aforesaid proposed Initiative Ordinance to the electors for a final vote thereon; and,
WHEREAS,
in conformance with the Texas Election Code, said election must be conducted
at one of the uniform election dates set out in the Election Code, the next available uniform election
date being the second Saturday in September, September 10, 2005; and,
WHEREAS,
the City Council therefore desires to order a city-wide election to be conducted
NOW, THEREFORE,
on September 10, 2005 regarding the adoption of the proposed Ordinance;
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 a special election shall be and is hereby ordered to be held city-wide in all
Council Districts of the City of Paris, Paris, Texas, on Saturday, September 10, 2005, between the
hours of 7:00 o'clock a.m. and 7:00 o'clock p.m., 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, requiring the use of City Public Works equipment and employees for such service, providing
for the method to determine the monthly rate for such service based on stated component costs, and
providing fines, a severability clause, and an effective date; a copy of said proposed ordinance is
attached hereto as Exhibit No. 1.
Section 3.
That the City Clerk of the City of Paris shall be and is hereby directed to prepare
the necessary documents and to proceed in acquiring the ballots such that the vote shall be held upon
an official ballot prepared in such a manner as will permit the voters of the City of Paris to vote "For
the Ordinance" or "Against the Ordinance", with the proposition to be expressed on the official ballot
in accordance with Section 108 of the City Charter of the City of Paris, in a form substantially as
follows:
PROPOSITION NO. 1
"
“An Ordinance prohibiting the City of Paris from privatizing the collection, handling,
and disposition of residential garbage, trash, and rubbish; requiring City equipment
and employees be used for such service; requiring the City Council to set a monthly
rate for residential garbage handling and disposition based on employee cost,
equipment cost, landfill cost, and billing cost; subjecting persons convicted of
violating said Ordinance to fines of up to $2,000.00 for each and every day’s
-2-
continuance of violation.”
Section 4.
That the polling places and election officials of such election shall be as follows:
District One (1):
Polling place:Red River Valley Fair Grounds, Building B
570 E. Center Street
Officials:Edith Bills , Presiding Judge
Frankie Dangerfield , Alternate Presiding Judge
District Two (2):
Polling place:City of Paris Police & Courts Building
811 Bonham Street
Officials:Thelma Dangerfield , Presiding Judge
Addie Bufford , Alternate Presiding Judge
District Three (3):
Polling place:Travis Jr. High School
3270 Graham Street
Officials:Shirley Norwood , Presiding Judge
Robert White , Alternate Presiding Judge
District Four (4):
Polling place:Cecil Everett Elementary (N. Lamar)
3201 Lewis Lane
Officials:Shirley Taylor , Presiding Judge
Martha Bone , Alternate Presiding Judge
District Five (5):
Polling place:City Hall Annex West
150 1st Street S.E.
Officials:Wanda Tharp , Presiding Judge
Rebecca Moore , Alternate Presiding Judge
District Six (6):
-3-
Polling place:Paris Junior College
Applied Technology Building
2400 Clarksville Street
Officials:Bob Burk , Presiding Judge
Bob Bolin , Alternate Presiding Judge
District Seven (7):
Polling place:Ramseur Baptist Church
3400 Lamar Avenue
Officials:James R. Hicks , Presiding Judge
Jessie Bolton , Alternate Presiding Judge
Section 5.
That the Presiding Judge of the respective voting boxes shall designate and
appoint at least two (2) and not more than four (4) competent and qualified clerks for such respective
polling places and voting boxes as may be required for the efficient conduct of said election.
Section 6.
That early voting for the election described in Section 2 above shall be conducted
under the direction of the City Clerk by herself and her deputies as ordered in separate order
herefrom, beginning on the 24th day of August, 2005, through the 6th day of September 2005,
Monday through Friday, between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m.
Section 7.
That the polling place and election officials for early voting of said election shall
be as follows:
EARLY VOTING:
Polling Place:City Hall Annex West
150 1st Street S.E.
EARLY BALLOT BOARD:
Officials:Patricia Meier , Presiding Judge
Phyllis Joan Manning , Alternate Presiding Judge
Section 8.
That there is hereby created an early voting ballot board which shall consist of
the presiding judge and the alternate presiding judge appointed in Section 7 above, and at least one
other member to be appointed by said presiding judge. The early voting ballot board shall carry out
the duties enumerated in Chapter 87 of the Election Code of the State of Texas.
Section 9.
That such election shall be held in accordance with the laws of the State of Texas
governing general and municipal elections, insofar as the same may be applicable, and with the
provisions of the City Charter and Ordinances or the City of Paris, wherein said Charter and
ordinances do not conflict with state law and the above-described Order.
-4-
Section 10.
That the City Clerk of the City of Paris is hereby directed and instructed to cause
the posting of a properly executed Notice of Election pursuant to this Order of Election, signed by
the Mayor of the City of Paris and attested by the City Clerk, on the bulletin board in the City Clerk's
Office, on the board provided for notices at the City Hall door, and at each of the polling places
designated above, which are within each district in which the election is to be held, not later than the
twenty-first (21st) day before election day; further, a properly executed copy of such Notice of
Election shall be published at least one time not earlier than the thirtieth (30th) day nor later than the
tenth (10th) day before election day in at least one (1) daily newspaper published in the City of Paris,
and a copy of the notice shall be filed with the City Clerk of the City of Paris, together with the
posting officer's return and the newspaper certificate of publication.
Section 11.
That the pay of the judges and clerks of said election is hereby authorized and
established as follows: $8.00 per hour for each judge and clerk; the election judge who delivers the
returns of said election immediately after the votes have been counted to the proper office shall be
paid an additional sum of $25.00 for that service, provided also, he shall make return of all election
supplies not used when he makes return of such election.
Section 12.
That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED
by the City Council of the City of Paris in regular meeting, at
the City Hall of said City, on this 27th day of June, 2005.
____________________________________
Curtis Fendley, Mayor
ATTEST:
____________________________________
Janice Ellis, City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney
-5-