2001-005-ORD AMENDING SECTION 3 OF ORDINANCE NO 2000-067 AND SPECIFICALLY SECTION 16-39(a) OF ARTICLE II OF CHAPTER 16 OF CODE OF ORDINANCES
ORDINANCE NO. 2001-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING SECTION 3 OF ORDINANCE NO. 2000-067
AND SPECIFICALLY SECTION 16-39(a) OF ARTICLE II OF CHAPTER 16
OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS,
TEXAS, AS ADOPTED BY SAID PRIOR ORDINANCE, TO REFLECT A
REVISED STREET USE FEE IMPOSED ON SOLID WASTE
COLLECTORS; PROVIDING A SEVERABILITY CLAUSE; PRESERVING
THE TERMS AND PROVISIONS OF THE PRIOR ORDINANCE; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously adopted
Ordinance No. 2000-067 on December 11, 2000, amending Chapter 16 of the Code of Ordinances
to establish new regulations and requirements related to residential, commercial, and industrial waste
hauling and waste collection within the city of Paris; and,
WHEREAS, among other items addressed in said ordinance, the aforesaid ordinance
included adoption of a new Section 16-39 to the Code of Ordinances, imposing a street use fee on
solid waste collectors in the amount of fourteen percent (14%) of the gross receipts received by
commercial and industrial waste haulers within the city limits; and,
WHEREAS, the intent of the aforesaid street use fee was to replace other similar fees
imposed upon commercial and industrial waste collected, hauled, or disposed within the City, with
the revenues derived by the City from the imposition of the new street use fee to be revenue neutral
with respect to the prior fees imposed by the City; and,
WHEREAS, the City has received additional information related to the assessment of said
street use fee which indicates the City's desired goal of anticipated revenue could be achieved by the
use of a lessor percentage of gross revenue; 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 hereby in all things
approved.
Section 2. That Section 3 of Ordinance No. 2000-067, adopted by the City Council on the
11th day of December, 2000, as the same adopted a new Section 16-39(a) to the Code of Ordinances
of the City of Paris, assessing a street use fee on solid waste collectors, shall be and is hereby
amended to reflect a revised street use fee, said amended Section 16-39(a) to read as follows:
"Sec. 16-39. Street use fee imposed on solid waste collectors.
"(a) Each holder of a permit issued under Section 16-34 shall pay the City
a street use fee for the privilege of operating on the city streets, alleys, and
thoroughfares equal to eleven percent (11 %) of the gross revenues earned from waste
collected, hauled, or disposed from within the city limits. The permit holder shall
keep records of all gross receipts for all revenues and income collected from any
source derived from the permit holder's operation of solid waste collection within the
city limits."
Section 3. That all terms and provisions of the aforesaid Ordinance No. 2000-067, as the
same adopted new Sections 16-21 through 16-60 to the Code of Ordinances of the City of Paris,
except as specifically amended herein, shall remain in full force and effect.
Section 4. 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 or unlawful by the valid judgment or decree of any court of competent jurisdiction,
such finding 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 5. That this ordinance shall become effective on March 1,2001.
PASSED AND ADOPTED this 12th day of February, 2001.
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM: