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2005-050-ORD PROHIBITING PRIVATIZATION OF COLLECTION HANDLING AND DISPOSITION OF RESIDENTIAL GARBAGE ORDINANCE NO. 2005- 050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROHIBITING PRIV A TIZA TION 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. 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 1 066 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 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: I) Employee cost 2) Equipment cost 3) Landfill cost 4) 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. PASSED AND ADOPTED this 19th day of September, 2005. ATTEST: ~l 0 t \r)~f) Ice EIlts, City Clerk APPROVED AS TO FORM: . Schenk, City Attorney