18 - City Solid Waste Collection AmendmentItem No. 18
TO: Mayor, Mayor Pro -Tem & City Council
FROM: Grayson Path, City Manager
Rob Vine, Assistant City Manager
Michael Smith, Public Works Director
Edwayne Samis, Solid Waste Superintendent
SUBJECT: CITY SOLID WASTE COLLECTION
ADJUSTMENT TO OPERATION
AMENDMENT TO ORDINANCE
DATE: June 27, 2022
BACKGROUND:
At the May 23, 2022 City Council meeting, the City Council authorized amendments to the Code
of Ordinances, transitioning the City Sanitation from twice a week pickup to once a week pickup.
The reasons for this change are thoroughly discussed in that item's agenda memo. In those
changes, the ordinance authorized up to 12 bags of trash per pickup (thus per week).
On June 13, 2022, it came to the City Manager's attention that we inadvertently and unintentionally
failed to take in to account the fact that under the old ordinance, each residence had been able to
set out an additional 6 bags of trash on bulk pickup days in lieu of a bulk item. This therefore
allowed residents to set out 18 bags of trash instead of just 12 bags. While the code was written
to be 12 bags + bulk or 12 bags + 6 additional bags, given we have shifted bulk pickup to requiring
coordination with the Sanitation Department, this effectively could in turn allow residents to place
up to 18 bags of trash out on their pickup day now that we have shifted to a once per week pickup.
Looking historically, it appears the intent of the previous code was six additional bags of brush
and not trash, however the code could be read and interpreted as either brush or trash. Either way,
amending our code to make it 18 bags (which can be trash and/or brush) addresses this.
STATUS OF ISSUE:
On June 13, 2022, the City Manager administratively authorized collection of up to 18 bags per
pickup day in anticipation that an amendment would come before the City Council on June 27,
2022 to officially adopt this change in to the city code. After speaking with Mayor Portugal and
Mayor Pro Tem Hughes, it was concluded that administratively authorizing this two weeks in
advance would not be an issue. This was therefore announced via social media.
To accomplish the requested change, we recommend amending Section 12.04.006(d) as follows:
"(d) Not more than a total of twelve eighteen (18) trash bags or bundles of brush will
be collected per residential unit by the city sanitation department on each day of collection.
The weight limit for bags or brush bundles should not exceed fifty (50) pounds per bag or
bundle."
BUDGET:
N/A
OPTIONS:
1. Approve an ordinance amending Section 12.04.006(d) as above stated.
2. Maintain a limit of 12 trash bags per pickup.
3. Request additional edits and/or information.
RECOMMENDATION:
1. Approve an ordinance amending Section 12.04.006(d) as above stated.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 12, "UTILITIES," ARTICLE 12.04, "SOLID WASTE,"
OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; MAKING
SECTION 12.04.006, "PLACEMENT OF CONTAINERS, BAGS AND BUNDLES
FOR RESIDENTIAL COLLECTION," TO ALLOW FOR EIGHTEEN (18) BAGS
PER RESIDENCE PER WEEK RESIDENTIAL SOLID WASTE COLLECTION;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, AND A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council has previously adopted Chapter 12, "Utilities," Article
12.04, "Solid Waste," Section 12.04.006, "Placement of Containers, Bags and Bundles for
Residential Collection," to the Code of Ordinances relating to residential trash collection; and
WHEREAS, for many years, the Department of Sanitation (the "Department") has
conducted twice weekly solid waste pickup for its residential customers; and
WHEREAS, labor market issues have contributed to a critical staffing shortage in the
Department; and
WHEREAS, due to such staffing shortage, it is necessary for the City to move to a one
day per week collection schedule, with bulk pickup to be done on Fridays; and
WHEREAS, Section 12.04.007, "Establishment of Collection Schedule and Other
Regulations," vests authority in the City Manager to establish rules and regulations for the
collection of residential waste, including but not limited to, designation of collection routes,
collection days, holidays, bulk collection days, or other similar rules;
WHEREAS, on May 23, 2022, the City Council enacted Ordinance 2022-033 amending
Section 12.04.006 to allow for one day per week residential solid waste collection and
allowing for placement of twelve (12) bags per week per residence; and
WHEREAS, the City Council desires to increase the twelve (12) bags to eighteen (18)
bags per week per residence;
NOW, THEREFORE, BE IT ORDAINED 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.
Section 2. That Chapter 12, "Utilities," Article 12.04, "Solid Waste," Section
12.04.006, "Placement of Containers, Bags and Bundles for Residential Collection,"
Subsection (d) of the Code of Ordinances of the City of Paris shall be amended to read as
follows:
"(d) Not more than a total of twelve (12) e hteen.. 18), trash bags or bundles of brush
will be collected per residential unit by the city sanitation department on each day of
collection. The weight limit for bags or brush bundles should not exceed fifty (50)
pounds per bag or bundle."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any of the provisions of this ordinance shall
be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the
provisions of Section 1.01.009 of the City of Paris Code of Ordinances, and each and every
day's continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section 7. That this ordinance shall become effective upon publication as
required by law.
PASSED AND ADOPTED this 27th day of June, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney