13-Ordinance Maintaining the Residental Solid Waste Collection
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
05/16/11
Council Date: City Council Mayor Biard 13.
05/23/11
RECOMMENDED MOTION:
Move the approve an Ordinance Prohibiting Privatization of the collection, handling, and disposition of
residential garbage, trash, and rubbish and providing for the method of fixing charges for such service
POLICY ISSUE(S):
Charter Requirement
BACKGROUND:
A special election was held in the City of Paris, Texas, on May 14, 2011, as the result of a proposed
initiative ordinance. Of the votes cast at the special election, there were 704 "For" in favor of the
proposition and 541 "Against" votes were cast in opposition to the proposition.
Section 109 of the Paris City Charter, states if a majority of the voters voting on a proposed initiative
ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the City.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance
ACTION: BUDGET INFO:
❑ Financial Report ❑ Minute Order Expense $
❑ Department Report ❑ Resolution Budgeted Amt. $
❑ Presentation ® Ordinance YTD Actual $
❑ Public Hearing ❑ Other Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ® Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
74
DRAFT
S/attomey/election/special election exhibit b prop
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
PROHIBITING PRIVATIZATION OF THE COLLECTION, HANDLING, 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; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY
CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about September 28, 2010, the City of Paris issued a request for
proposals for landfill and private residential solid waste collection services for the City;
and,
WHEREAS, the city received several proposals from private companies interested in
providing landfill and residential solid waste collection services for the City of Paris; and,
WHEREAS, an initiative petition to prohibit the privatization of residential solid
waste collection was filed with the City Clerk on January 5, 2011. The petition was returned
as insufficient, because it did not contain the requisite number of signatures of qualified
voters of the City of Paris; and,
WHEREAS, on January 28, 2011, petitioners filed a supplemental petition
containing an additional 111 signatures, bringing the total number of qualified signatures
on the initiative petition to 431 signatures, said petition was found to be sufficient and was
forwarded to the City Council for further action; and,
WHEREAS, the initiative petition did not receive support from the majority of the
City Council, therefore the City Council called a special election for May 14, 2011 to allow
the voters to decide the matter; and,
WHEREAS, on May 14, 2011 the voters of the City of Paris voted in favor of keeping
residential solid waste collection with the City's Public Works Department by a total vote of
704 to 541.
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 found to
be true and correct and are hereby in all things approved.
75
Section 2. That residential solid waste collection services for the City of Paris
shall be handled by City employees and with City equipment in accordance with this
ordinance and in accordance with Chapter 16 of the City Codes of Ordinances.
Section 3. That the City Council shall set a monthly rate for residential garbage
handling and disposition which rate shall reflect the cost of such service which will include
component parts as follows:
1) Employee cost
2) Equipment cost
3) Landfill cost
4) Billing cost
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 5. 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. Any violation of this ordinance can be enjoined by a suit filed in the
name of the City of Paris in a court of competent jurisdiction, and this remedy shall be in
addition to any penal provision provided for in this ordinance or in the City Code of
Ordinances of the City of Paris, Texas.
Section 8. That the City Council voted by a supermajority vote of five to suspend
the rule requiring two readings before adoption of ordinances ayes and _ nays.
Section 9. That this ordinance shall become effective from and after its passage
on the first reading and publication as required by law.
PASSED AND ADOPTED on first and final reading by at least a two-thirds (2/3)
vote of the City Council this 23rd day of May, 2011.
76
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
77