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2010-011 ORD RULES FOR PLACEMENT OF BAGS OR BUNDLES FOR RESIDENTIAL COLLECTION AND DISPOSAL OF BULK ITEMSORDINANCE N0. 2010-011 AN ORDIIVANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE II OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY AMENDING SECTION 16-25(b), RULES FOR PLACEMENT OF BAGS OR BUNDLES FOR RESIDEIVTIAL COLLECTION AND SECTION 16-27(e), DISPOSAL OF BULK ITEMS FROM RESIDENTIAL UNIT, LARGE BRUSH PICKUP, FEES; PROVIDING FOR LEAVES BEING PLACED IN CONTAINERS I1V LIEU OF BAGS; ESTABLISHING A FEE FOR EACH BAG OR BOX EXCEEDING THE LIMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Texas requested staff to amend the Ciry's Sanitation Ordinance regarding regulation of the collection of solid waste to allow citizens to place leaves in containers with securely fastened lids in addition to placing leaves in bags; and WHEREAS, the City Council of the City of Paris hereby finds and determines that the changes recommended below are in the best interest of the City of Paris and its citizens and should be adopted. 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 Sec. 16-25(b) of Article II, Regulation of the Collection of Solid Waste of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to read as follows and all remaining subsections to be renumbered accordingly: " Sec. 16-25. Rules for placement of bags or bundles for residential collection. * * * (b) Leaves may be placed in containers without being bagged as long as the container is closed with a securely fastened lid to prevent the leaves from being blown out of the containers." * * * Section 3. That Sec. 16-27(e) of Article II, Regulation of the Collection of Solid Waste of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to read as follows: "Sec.16-27. Disposal of bulk items from residential units; large brush pickup; fees. * * * -1- (e) Bulky waste in excess of a single two (2) cubic yard item will be disposed of by the Ciry for a fee of twenty dollars ($20.00) for each additional cubic yard or $2.00 per bag or box exceeding the limit, with the exception of leaves, and in accordance with rules and regulations established by the City. * * Section 4. 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 S. 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 6. 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 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One 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 B. That by a supermajority vote of 7 ayes and 0_ nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 9. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on first and final reading this 8th day of March, 2010. ATTEST: i , is, City Clerk APPROVED AS TO FORM: W. Kent Mc lyar, ity Attorney V 1 ~ ~ sse Jam Freelen, Mayor -2-