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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