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2010-025 ORD AMENDING SECTION 16-28, RESIDENTIAL COLLECTION RATE OF ARTICLE IIORDINANCE NO. 2010-025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 16-28, RESIDENTIAL COLLECTION RATE OF ARTICLE II, REGULATION OF THE COLLECTION OF SOLID WASTE, CHAPTER 16, GARBAGEAND OTHER WASTEMATERIAL, OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; BY AMENDING SEC. 16-28(a) PROVIDING FOR AN INCREASE IN THE COLLECTION RATE; AND BY ADDING SECTION 16-28(d), DESIGNATING THE FINANCE DIRECTOR TO HEAR ANY APPEALS RELATED TO SANITATION ACCOUNTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDI11iG A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the staff has recommended an amendment to the City's Sanitation Ordinance regarding collection rates of solid waste to allow for adjustments on sanitation bills; 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. 1VOW, 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 Section 16-28, Residential Collection Rate of Article II, Regulation of the Collection of Solid Waste, Chapter 16, Garbage and other Waste Material, of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended by amending Section 16-28(a) and adding Section 16-28(d) to read as follows: " Sec.16-28. Residential collection rate. (a) The fair and reasonable rate for the collection and removal of garbage, rubbish, and brush (not including the separate fee for large brush pick up set out in section 16-27 of this Code or bulky waste in excess of two (2) yards per week set out in subsection 16-27(e) of this Code) for each residential unit using or occupying any building, house or structure or part thereof for residential purposes, shall be fifteen dollars and eighty-nine cents ($15.89) per month, plus tax. * * * (d) The director of finance of the City shall be the Ciry's designee for hearing any appeals related to delinquent sanitation accounts and as such will hear and determine matters of adjustment, hardship, illness or disability which would justify a payment schedule other than that fixed by this article." -1- 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 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 7. Introduced and read on first reading on June 28, 2010, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on July 12, 2010 at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 8. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED AND ADOPTED on first and final reading this 12th day of July, 2010. ~ ill Biard, Mayor ,;T:EST: ice Ellis, City Clerk APPROVED AS TO M: W. Kent Mc yar, ity A 7rney -2-