2024-035 - Amending Article 12.04 Solid Waste Chapter 12 Utilities - allowing for permitting of roll-offs to be done administratively

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ORDINANCE NO. 2024-035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE 12.04, "SOLID WASTE," OF CHAPTER 12, "UTILITIES," OF THE CITY OF PARIS CODE OF ORDINANCES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, for many years, the City Council has granted permits to individuals who are in the business of solid waste collection via individual ordinances; WHEREAS, currently there are twelve individuals/businesses who operate roll -off carts inside the city limits for use temporarily during construction of new structures and remodeling of structures; WHEREAS, on March 11, 2024, by Ordinance No. 2024-011, City Council repealed and replaced Article 12.04, "Solid Waste," to take into consideration the city's contracting with a third party vendor for the collection of solid waste; and WHEREAS, said Ordinance provided that Article 12.04, Division 2, "Collection of Commercial and Industrial Waste," would be effective only through August 31, 2024 to account for the third party waste hauler's assumption of all commercial solid waste collection beginning on September 1, 2024; and WHEREAS, in repealing Division 2 in its entirety as of 11:59 p.m. on August 31, 2024, said Ordinance failed to take into account that the city's contract with the third party vendor does not extend to roll off receptacles or apply to local taxing entities; and WHEREAS, said Division 2 must be readopted with certain amendments to allow vendors providing roll of receptacle services to operate in the city; and WHEREAS, city staff proposes that the requirements in Division 2 be so readopted for roll of receptacle vendors with an amendment that would provide for administrative issuance of permits rather than the passage of individual ordinances for each vendor; and WHEREAS, the City Council has found that the amendments set forth herein are in the best interest of the citizens of the city; 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 ordinance are hereby in all things approved and are incorporated herein by reference for all purposes. 1