03 Special Election Canvass Res
DRAFT
F:ALICE\RESWORK\CURRENn Special Election Initiative Petition - Canvass Res
June 23, 2005
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, CANVASSING THE RETURNS FOR THE SEPTEMBER 10,
2005, CITY-WIDE SPECIAL ELECTION ON A 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; 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 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 and 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 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, 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,
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.
2005-076 submitting the aforesaid proposed Initiative Ordinance to the electors for a final vote
thereon; and,
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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 September, September 10,2005; 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 and early voting of the City of
Paris, 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,
THEREFO RE,
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 was held city-wide in all Council Districts of the City of
Paris, Paris, Texas on Saturday, September 10, 2005 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
0 FOR THE ORDINANCE
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
days' continuance of violation."
0 AGAINST THE ORDINANCE
Section 3 That, in Council District 1, a total of 130 votes were cast regarding Proposition 1
as follows:
For
Against
Early Voting
30
22
District I
66
12
Total Cast
T ota}
96
34
130
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Section 4. That, in Council District 2, a total of 73 votes were cast regarding Proposition 1
as follows:
For
Against
Early Voting
4
7
District 2
50
12
Total Cast
Total
54
19
73
Section 5. That, in Council District 3, a total of243 votes were cast regarding Proposition
1 as follows:
For
Against
Early Voting
36
19
District3
149
39
Total Cast
Total
185
58
243
Section 6. That, in Council District 4, a total of209 votes were cast regarding Proposition
1 as follows:
For
Against
Early Voting
43
43
District 4
78
45
Total Cast
Total
121
88
209
Section 7. That, in Council District 5, a total of 178 votes were cast regarding Proposition
1 as follows:
For
Against
Early Voting
34
33
District5
82
29
Total Cast
Total
116
62
178
Section 8. That, in Council District 6, a total of 416 votes were cast regarding Proposition
1 as follows:
For
Against
Early Voting
71
89
District 6
141
115
Total Cast
Total
212
204
416
Section 9. That, in Council District 7, a total of 560 votes were cast regarding Proposition
1 as follows:
For
Against
Early Voting
61
126
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District 7
227
146
Total Cast
Total
288
272
560
All Districts:
Total For the Ordinance
Total Against the Ordinance
1,072
737
Section 10. That, from the above and 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 1,072 For votes were cast in favor of the aforesaid proposition, and a total of737
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 A, shall be and is by act of law hereby
adopted as an Ordinance of the City of Paris.
Section 11. 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 19th day of September, 2005.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROmBITING 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
PENAL TY; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the welfare, health, comfort and convenience of the citizens and inhabitants
of the City are well served by the trash pickup service currently being provided by the Public Works
Department in accordance with Section 12 of the Charter of the City of Paris; and,
WHEREAS, the citizens of Paris filed a nonbinding petition with the City Council opposing
privatization of the City of Paris trash pickup service, which contains the signatures of 1066 citizens
of Paris; and,
WHEREAS, an overwhelming majority of citizens spoke against privatization of residential
trash pickup in the City of Paris at a public meeting of the City Council held for the purpose of
hearing public input on the 14th day of March, 2005; giving as reason that service was good and they
remembered poor, inconsiderate service from private services in the past; and,
WHEREAS, two citizens of Paris criticized the City trash pickup service and one
citizen of Paris thanked the Council persons for their service and spoke in favor of saving money
through privatization at the City Council meeting Monday, May 23,2005; and,
WHEREAS, in the most recent city election Council persons who spoke on behalf
of privatization of trash pickup and had opponents were defeated; and,
WHEREAS, the victorious candidates stressed "listen to the people" throughout their
campaign and stated the people did not want privatization of the trash service; and,
WHEREAS, an item was placed on the agenda for the first regular meeting after the election,
being Monday, May 23,2005, to negotiate a contract for privatization of trash pickup service and
the City Manager was authorized by a vote of 4 for and 3 against to move forward with privatization;
and,
WHEREAS, even through the citizens of Paris have made known their wishes against
privatization of trash pickup by all the aforementioned means without acknowledgment by the
majority of the City Council, the Mayor, or the City manager the will of the people must be
expressed by INITIATIVE PETITION calling for the adoption of this ordinance and in the event the
Council fails to pass this ordinance then it shall be submitted by the City Council to a vote of the
EXHIBIT .A.
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people, being electors and qualified voters of the City of Paris; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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.
Section 2. That privatization of the collection, handling and disposition of the City of Paris
residential garbage, trash and rubbish is prohibited.
Section 3. That the Public Works Department of the City of Paris shall provide with the City
of Paris equipment and employees the collection, handling, and disposition of all residential garbage,
trash, and rubbish utilizing a State of Texas approved landfill which may be privately, publicly or
governmentally owned.
Section 4. 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)
2)
3)
4)
Employee cost
Equipment cost
Landfill cost
Billing cost
Section 5. That any person violating any of the provisions of this ordinance shall be guilty
of a Misdemeanor and, upon conviction, shall be fined any sum not to exceed $2,000.00, and each
and every day's continuance of any violation of the above-enumerated section( s) shall constitute and
be deemed a separate offense.
Section 6. That it is hereby declared to be the intention of the City Council of the City of
Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or
sections of this ordinance, and such remaining provisions shall remain in full force and effect.
Section 7. That all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
Section 8. That this ordinance shall be effective from and after its date of passage or upon
the date of the election at which it is adopted whichever first occurs.
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PASSED AND ADOPTED this 19th day of September, 2005.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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