2001-036-ORD AMENDING SECTION 3 OF ORDINANCE NO 2000-67 AS THE SAME WAS AMENDED BY ORDINANCE NO 2001-005
ORDINANCE NO. 2001-036
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING SECTION 3 OF ORDINANCE NO. 2000-067,
AS THE SAME WAS AMENDED BY ORDINANCE NO. 2001-005, AND
SPECIFICALLY AMENDING SECTION I6-39(a) OF ARTICLE II OF
CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS,
TO CLARIFY THE SOURCE OF REVENUE FOR A STREET USE FEE
IMPOSED ON SOLID WASTE COLLECTORS; PROVIDING A
SEVERABILITY CLAUSE; 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 ofa new Section 16-39 of the Code of Ordinances, imposing a street use fee on
solid waste collectors in the amount of 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 of 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 Council subsequently received additional information related to the
assessment of said street use fee which indicated the City's desired goal of anticipated revenue could
be achieved by the use of a lesser percentage of gross receipts; and,
WHEREAS, the City Council subsequently adopted Ordinance No. 2001-005 on February
12,2001, adjusting the amount of the percentage of gross receipts from fourteen percent (14%) to
eleven percent (11 %) of gross receipts; and,
WHEREAS, the City desires to further clarify the amended language in Section 16-39(a) to
indicate that the street use fee is assessed on gross receipts rather than 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
11 th day of December, 2000, as subsequently amended by Ordinance No. 2001-005, adopted on
February 12, 2001, as said ordinances adopted and amended 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 that the percentage street use fee shall be assessed on gross receipts rather
than gross revenues of said solid waste collectors, said amended Section 16-39(a) to read as follows:
"Sec. 16-39. Street use fee imposed on solid waste collectors.
"(a) Each holder ofa 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 receipts 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 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 4. That this ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND ADOPTED this 14th day of May, 2001.
M~f~
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM: