HomeMy WebLinkAboutO-1982-1334
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ORDINANCE NO. 1334
AN ORDINANCE AMENDING ARTICLE III, SECTION 12-41, ET. SEQ.,
II GARBAGE AND TRASH, II OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTEi REFLECTING A NEW RATE STRUCTURE FOR RESIDENTIAL AND
COMMERCIAL GARBAGE AND TRASH COLLECTION i PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN
ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) AND EACH
DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSEi CONTAINING
A SEVERABILITY CLAUSEi FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAWi AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Section 12-41, et. seq., of the Code of Ordi-
nances of the City of La Porte is hereby amended, to hereafter
~ read as follows, to-wit:
"Sec. 12-41. Rates prescribed--For residences.
(a) There shall be charged, assessed and collected,
for garbage, trash and rubbish collection by the City from
residential dwelling units, which term shall be construed
to include duplex units, ind ividual apartment units, and
individual mobile homes at mobile home parks, the sum of
four dollars and fifty cents ($4.50) per unit per month.
(b) Such monthly charge on every residential dwell-
ing unit, be it single-family dwelling, duplex, apartment
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or mobile home, shall prevail, rather than the charges
provided in this article for the City's sanitation con-
tainer system service, whether or not the individual
duplex, apartment, or mobile home space is occupied. II
"Sec. 12-42. Same--For business and commercial
establishments.
(a) The minimum charge for business and commercial
establishments in the City where garbage and trash is
picked up twice a week shall be six dollars ($6.00) per
month.
(b) Subject to the foregoing minimum charges for
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business and
commercial establishments, the following
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Ordinance No.
1334
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formula shall be used to determine the monthly charge for
each user of a sanitation container furnished by the City
at a business or commercial establishment:
Number of cubic yards furnished
x $2.00 per cubic yard
x number of pickups per week
x 52 weeks
12 months
Monthly charge
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(c) When a sanitation container furnished by the
City will adequately and completely serve several business
and commercial establishments, such establishments may be
required to use the same container and pay a pro rata part
of the charge, determined according to the approximate
relative quantity of space used, but to no event shall any
user pay any less than the minimum charge established by
this section for such business and commercial establish-
ments.
(d) The minimum charge set out in this section shall
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apply to all business and commercial establishments regard-
less of whether or not such business or commercial estab-
lishments use the collection services of the City sanitation
department.
(e) The minimum charge will not be imposed on any
business or commercial establishment if the house or
building is unoccupied and the water service to the house
or building is suspended.
Section 2. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the
. date, hour, place and subject of this meeting of the City
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Ordinance No.
1334
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Council was posted at a place convenient to the public at the
Ci ty Hall of the Ci ty for the time required by law preced ing
this meeting, as required by the Open Meetings Law, Article
6252-17, Texas Revised Civil statutes Annotated~ and that this
meeting has been open to the public as required by law, at all
times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The
City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
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Section 3. If any section, sentence, phrase, clause, or
any part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ordinance, and
it is hereby declared to be the intention of this City Council
to have passed each section, sentence, phrase or clause, or
part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared
invalid.
Section 4. Any person, as defined in Section 1.07(27),
Texas Penal Code, who shall violate any provision of the ordi-
nance, shall be deemed guilty of a misdemeanor and upon convic-
tion shall be punished by a fine not to exceed Two Hundred
Dollars ($200.00).
Section 5. This Ordinance shall be effective from and
after its passage and approval. The rates established hereunder
shall be effective October 1, 1982.
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Ordinance No.
1334
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PASSED AND APPROVED this the
ATTEST:
<#$9/i)~
APPROVED:
t5Z;/tt/ ~
C1ty Attorney
15
day of September, 1982.
CITY OF LA PORTE
By
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