15-CHARTER REQUIREMENTS COLLECTION AND DISTRIBUTION RESIDENTIAL GARBAGECITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
02/07/2011
Council Date:
City Clerk
Janice Ellis
15.
02/ 14/2011
RECOMMENDED MOTION:
POLICY ISSUE(S):
Charter requirement
BACKGROUND:
Pursuant to Paris City Charter Section 106, upon receipt of a certified initiative petition from the City
Clerk, the City Council shall proceed at once to consider such petition. Section 106 also requires that
the proposed initiative ordinance shall be read, that a public hearing be conducted, and that City Council
shall take final action on the ordinance not later than sixty days after the date on which such ordinance
was submitted to the Council by the City Clerk.
Pursuant to Section 107, if the City Council does not pass an ordinance proposed by the initiative
process, the proposed or referred ordinance shall be submitted to the voters at the next available uniform
election date from the date the Council takes it final vote. The next uniform election date is Saturday
May 14, 2011, but the City Council must pass a Resolution calling a special election to consider the
ordinance prohibiting the privatization of residential solid waste collection no later than the February 28,
2011 regular meeting.
BOARD/ COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance proposed by Committee of Petitioners
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ~ Ordinance
y'I'D Actual
$
Z Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
* Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
78
DRAFT
S:\ORDWORK\CURRENT\Prohibiting Privatization of Residential Solid Waste Disposal [fm Initiative Petition] ORD 2011.docx
ORDINANCE N0.
AN ORDINANCE BY AND FOR THIS CITY OF PARIS, LAMAR COUNTY
TEXAS, PROHIBITING PRIVATIZATION OF THE COLLECTION AND
DISPOSITION OF RESIDENTIAL GARBAGE, TRASH, AND RUBBISH AND
PROVIDING FOR THE METHOD OF FIXING CHARGES FOR SUCH SERVICE;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT
OF RESIDENTIAL GARBAGE, TRASH, AND RUBBISH COLLECTION;
PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the welfare, health, comfort and convenience of the citizens of Paris,
Texas are directly impacted by residential trash pickup and disposal; and
WHEREAS, those needs are currently being served by the City of Paris through the
Public Works Department; and
WHEREAS, in 2005 the privatization of residential garbage collection and disposal
became a debated issue in the City of Paris and before the City Council of the City of Paris;
and
WHEREAS, on the 19th day of September 2005 the City Council for the City of Paris
adopted Ordinance 2005-050 which prohibited the privatization of the collection of
residential garbage; and
WHEREAS, the basis for Ordinance 2005-050, as set out in the preamble of said
Ordinance, involved
. spirited debate at Council sessions with media coverage,
• a contested City Council election with privatization as an issue,
• an Initiative Petition supporting the adoption of 2005-050 containing 1,066
citizen signatures,
WHEREAS, again the issue of privatization of residential garbage collection and
disposal has become an issue for the City of Paris and the Paris City Council; and
WHEREAS, the City of Paris provides not only garbage, trash, and rubbish collection
but also provides access to the City owned compost side and brush disposal; and
WHEREAS, the Public Works Department of the city is also utilized for sweeping of
streets, storm clearance, annual or planned cleanup events; and
WHEREAS, the City of Paris currently owns and maintains the equipment necessary
to collect and dispose of residential garbage, trash, and rubbish; and
WHEREAS, because of the different services provided by the Public Works
Department under the label of garbage collection, an accurate cost analysis or cost
comparison to proposed privatized garbage collection cannot be made; and
WHEREAS, the cost analysis of private versus public trash collection must consider:
. The current curb service, proposed curb service, and satisfaction of citizens
. Cost or value of citizen access to the City of Paris compost site, and implications
on that service if trash collection is privatized; and
. Brush collection and disposal services provided by the City of Paris and the
impact on those services in the event of privatization; and
• Storm and disaster relief including the City's disaster plan and emergency plan
in the event of privatization; and
• Cost and or loss to the City of Paris on the sale of the sanitation equipment
currently owned, in the event of privatization; and
WHEREAS, a committee of petitioners, formed pursuant to the Paris City Charter
filed an initiative petition with this ordinance attached to prohibit the privatization of
garbage collection; and
WHEREAS, the procedural guidelines for an initiative petition have been followed:
NOW THEREFORE BE IT ORDAINED BY THE CITY OF PARIS BY AND THROUGH
THE CITY COUNCIL FOR THE CITY OF PARIS THE FOLLOWING:
Section 1. All findings set out in the preamble to this ordinance are found to be
true and correct and that preamble, adopted as part of this ordinance serves as the history
and intent of this ordinance.
Section 2. The privatization of the collection and disposition of residential
garbage, trash and rubbish is prohibited.
Section 3. The Public Works Department for the City of Paris, Texas shall
continue to provide the City with residential trash, garbage, and rubbish collection and
shall also provide the necessary equipment and employees for residential trash collection.
The Public Works Department, at its discretion or the discretion of the City may utilize a
State of Texas approved landfill which may be privately, publicly or governmentally owned.
Section 4. It is not the intent of this ordinance to restrict the Public Works
Department of the City of Paris to residential governmental trash, garbage, and rubbish
collection and disposition but rather to prohibit the City from contracting with third party
providers, for profit providers, to provide residential trash, garbage, and rubbish collection
and disposal services.
Section S. The City Council for the City of Paris shall set a monthly rate for
~ C)
residential garbage handling and disposition and that rate shall reflect the costs of such
services which will include as component parts as least the following:
1)
Employee cost
2)
Equipment cost
3)
Landfill cost
4)
Billing cost
Section 6. Any person who violates any of the provisions of this ordinance shall
be guilty of a Misdemeanor and, upon conviction, shall be fined any sum not to exceed
$2,000.00, for each and every day that a violation is committed or that a violation
continues. Each day of a continued violation of this ordinance shall constitute and be
deemed to be a separate offense.
Section 7. The City Council for the City of Paris hereby declares 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 invalid by the judgment or decree of any court of competent
jurisdiction such declaration shall not affect the remaining phrases, clauses, sentences,
paragraphs, or sections of this ordinance, and the remaining provisions shall remain in full
force and effect.
Section 8. All ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
Section 9. This ordinance shall be effective from and after the date of its passage
or upon the date of the election at which it is adopted, whichever occurs first in time.
PASSED AND ADOPTED this 14th day of February, 2011.
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
I