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06-B Large Brush Pickup FeeAGENDA INFORMATION SHEET PROJECT: Amending Section 16-27 and Section 16-28 of the Code of Ordinances of the City of Paris to establish a separate fee assessed by the City of Paris for picking up large accumulations of brush at residences. BACKGROUND: As part of the budgetary process for fiscal year 2001-2002, the City Council directed that the City impose a special fee to defray a portion of the cost of the City picking up large accumulations of brush from individual residences. The proposed ordinance accompanying this Agenda Information Sheet would implement said new fee. DESCRIPTION: The ordinance accompanying this Agenda Information Sheet would amend Section 16-27 of the Code of Ordinances of the City of Paris to implement a new fee for City pickup of large accumulations of brush from residential locations. The new fee would be $10.00 for each three hundred fifty (350) cubic feet or portion thereof of accumulated brush. This is roughly equivalent to a pile of brush seven (7) feet by seven (7) feet by seven (7) feet. The additional charge will be assessed on the monthly water bill in accordance with the City' s established procedures. Only brush accumulated from the individual residential lot will be eligible for the large brush pickup service; brush from other sources, such as contractors, land clearing, or moved to the residence from other locations, will not be accepted. The ordinance also provides the resident the opportunity, in lieu of paying for the large brush pickup service, to personally deliver the residential brush to the Public Works Yard at 600 Center Street at no additional fee. Residents will be required to provide photo identification and a recent City water bill or receipt at the time of drop-off. Residents will also be required under the City ordinance to make sure that if they do deliver the brush to the yard, their vehicles where necessary are properly covered to prevent the brush from escaping from the vehicle. RECOMMENDED ACTION: Consideration of the proposed ordinance. STAFF CONTACT: Larry W. Schenk, City Attorney; and Terry Townsend, Director of Public Works COST: It is the intent of this ordinance to generate new revenue to defray the cost to the City of disposing of large accumulations of residential brush. SCHEDULE: The ordinance is scheduled to go into effect December 1, 2001. COUNCIL DATE: Consideration at City Council's November 12, 2001, regular Council meeting. DRAFT ALICE\ORDWORK\CURRENTkAmend Brush User Fee Ord November 2, 2001 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 16-27 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO PROVIDE A SEPARATE FEE FOR LARGE BRUSH PICKUP AND PROVIDING FOR DISPOSAL OF BRUSH DELIVERED TO THE CITY BY RESIDENTS AT NO ADDITIONAL CHARGE; AMENDING SECTION 16-28(a) OF THE CODE OF ORDINANCES OF THE CITY OF PARIS TO REFERENCE THE FEE FOR LARGE BRUSH PICKUP; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris adopted Ordinance No. 2000-067 which amended Chapter 16 of the Code of Ordinances of the City of Paris to add new sections establishing regulations and fees for residential waste collection; and, WHEREAS, the City Council finds and determines that the imposition of a separate fee for the pickup and disposal of large accumulations of brush at individual residential locations is necessary to defray the increasing cost of providing such service to the citizens and is in the best interests of all the citizens of the city of Paris; and, WHEREAS, the City Council also finds and determines that delivery of large accumulations of waste by individual residents, accompanied by appropriate identification, to the City's waste disposal area is a proper alternative means of disposal of such waste with no additional fee incurred by the resident; and, WHEREAS, the City Council finds and determines that amendment of the Code of Ordinances to provide for such additional fee and to address the issue of the disposal of large accumulations of brush is necessary to serve the public health, safety, and welfare; NOW, THEREFORE, 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 hereby in all things approved. Section 2. That Section 16-27 of the Code of Ordinances of the City of Paris, Paris, Texas, entitled "Disposal of bulk items at residential units," shall be and is hereby amended to read as follows: "Sec. 16-27. Disposal of bulk items from residential units; large brush pickup; fees. a. Large accumulations of brush or other bulky waste and heavy material at residential units will be disposed of by the City on a special pickup call, in accordance with rules and regulations and scheduling established by the City. Bulky waste shall be placed for collection in accordance with Section 16-23 (c) herein, provided such waste shall not block drainage ditches, sidewalks, or be placed in the street, and shall not be placed for collection until one (1) day prior to collection. b. For City pickup of large accumulations of brush (large brush pickup), the resident shall be charged a separate fee of ten dollars ($10.00) for each three hundred fifty (350) cubic feet or portion thereof, of accumulated brush. The additional charge will be assessed on the monthly water bill in accordance with Section 16-28 (b) of this Code. Only brush accumulated from the individual residential lot will be eligible for the large brush pickup service; brush from contractors, land clearing, or brush moved to the residence from another location will not be accepted. c. In lieu of the large brush pickup, residents may personally deliver their residential brush to the Public Works Yard at 600 Center Street for no additional fee. Identification as a resident by showing a valid Texas driver's license or other similar acceptable photo identification and a current or recent City of Paris water bill or receipt will be required at time of drop off. d. All residential brush transported to the City disposal site by the resident shall be properly covered where necessary to prevent the brush from escaping from the vehicle. Failure to comply with this requirement shall constitute a misdemeanor and subject the violator to a fine as provided in Section 1-6 of this Code." Section 3. That Section 16-28 (a) of the Code of Ordinances of the City of Paris shall be and is hereby amended 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 pickup set out in Section 16- 27 of this Code) for each residential unit using or occupying any building, house, or structure or part thereof for residential purposes, shall be fourteen dollars ($14.00) per month, plus tax." Section 4. That any and all ordinances or parts of ordinances in conflict herewith shall be and are hereby in all things repealed. Section 5. That it is hereby declared to be the intention of the City Council of the City of Paris that the provisions of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional or unlawful by the valid judgment or decree of any court of competent jurisdiction, such finding 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 6. That this ordinance shall become effective December 1,2001. PASSED, APPROVED, AND ADOPTED this 12th day of November, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney