10-C&D Ord Prohib Privatization
DRAFT
F:ATTORNEY\RESWORK\CURRENT\ Prohibiting privatization of residential solid waste disposal Ord
June 13, 2005
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
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,
the welfare, health, comfort and convenience of the citizens and inhabitants of
the City are well served by the trash pickup service currently being provided by the Public Works
Department in accordance with Section 12 of the Charter of the City of Paris; and,
WHEREAS,
the citizens of Paris filed a nonbinding petition with the City Council opposing
privatization of the City of Paris trash pickup service, which contains the signatures of 1066 citizens
of Paris; and,
WHEREAS,
an overwhelming majority of citizens spoke against privatization of residential
trash pickup in the City of Paris at a public meeting of the City Council held for the purpose of
th
hearing public input on the 14 day of March, 2005; giving as reason that service was good and they
remembered poor, inconsiderate service from private services in the past; and,
WHEREAS,
two citizens of Paris criticized the City trash pickup service and one
citizen of Paris thanked the Council persons for their service and spoke in favor of saving money
through privatization at the City Council meeting Monday, May 23, 2005; and,
WHEREAS,
in the most recent city election Council persons who spoke on behalf
of privatization of trash pickup and had opponents were defeated; and,
WHEREAS,
the victorious candidates stressed “listen to the people” throughout their
campaign and stated the people did not want privatization of the trash service; and,
WHEREAS,
an item was placed on the agenda for the first regular meeting after the election,
being Monday, May 23, 2005, to negotiate a contract for privatization of trash pickup service and
the City Manager was authorized by a vote of 4 for and 3 against to move forward with privatization;
and,
WHEREAS,
even through the citizens of Paris have made known their wishes against
privatization of trash pickup by all the aforementioned means without acknowledgment by the
majority of the City Council, the Mayor, or the City manager the will of the people must be expressed
by INITIATIVE PETITION calling for the adoption of this ordinance and in the event the Council
fails to pass this ordinance then it shall be submitted by the City Council to a vote of the people, being
NOW, THEREFORE,
electors and qualified voters of the City of Paris;
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 found to be true and
correct and are hereby in all things approved.
Section 2.
That privatization of the collection, handling and disposition of the City of Paris
residential garbage, trash and rubbish is prohibited.
Section 3.
That the Public Works Department of the City of Paris shall provide with the City
of Paris equipment and employees the collection, handling, and disposition of all residential garbage,
trash, and rubbish utilizing a State of Texas approved landfill which may be privately, publicly or
governmentally owned.
Section 4.
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 5.
That any person violating 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, and each
and every day’s continuance of any violation of the above-enumerated section(s) shall constitute and
be deemed a separate offense.
Section 6.
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 by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality 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 7.
That all ordinances or parts of ordinances in conflict herewith are hereby expressly
repealed.
Section 8.
That this ordinance shall be effective from and after its date of passage or upon
the date of the election at which it is adopted whichever first occurs.
PASSED AND ADOPTED
this ____ day of _____________, 2005.
____________________________________
Curtis Fendley, Mayor
ATTEST:
____________________________________
Janice Ellis, City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney