Loading...
HomeMy WebLinkAboutO-1990-1729 .~ . . ORDINANCE NO. l729 AN ORDINANCE AMENDING CHAPTER 12, "GARBAGE AND TRASH," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00)1 CONTAINING A SEVERABILITY CLAUSE1 FIND~NG COMPLIANCE WITH THE OPEN MEETINGS LAW1 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section l. Section l2-23, of the Code of Ordinances of the City of La Porte, is hereby amended, to hereafter read as follows, to-wit: "Sec. l2-23. When required. (a) Public, business and commercial institutions and establishments shall use the city's, or the city-authorized contractor's, solid waste container system service for the removal of garbage and trash under the rates and rules set forth in this chapter. (b) Apartment projects containing four (4) or more units and mobile home parks shall use the city's, or the city-authorized contractor's, solid waste container system service for the removal of garbage and trash under the rates and rules set forth in this chapter." Section 2. Section 12-24, of the Code of Ordinances of the City of La Porte, is hereby amended, to hereafter read as follows, to-wit: "Sec. l2-24. City to furnish containers. Under the city's sanitation container system service, the city, or the city's authorized contractor, will furnish a container, or containers, to be used in the collection and removal of garbage and trash." Section 3. Section l2-42 (b), of the Code of Ordinances of the City of La Porte, is hereby amended, to hereafter read as follows, to-wit: "Sec. l2-42. Same-For business and commercial establishments. . . . (b) Subject to the foregoing m1n1mum charges for business and commercial establishments, the following formula shall be used to determine the monthly charge for each user of a sanitation container furnished by the city, or the city's authorized contractor, at a business or commercial establishment: Number of cubic yards furnished x city's contract cost per cubic yard, plus l5%, rounded to the nearest $.05 increment x number of pickups per week x 52 weeks l2 months = Monthly charge . . ORDINANCE NO. l729 Page 2 The initial rate schedule upon the adoption of this ordinance is attached hereto as Exhibit nAg and made a part hereof. The Director of Public Works is authorized to implement future rate increases as may be necessary, based upon city's contract cost for service, plus l5% thereof.n . . . Section 4. Section l2-54 through Section l2-59, of the Code of Ordinances of the City of La Porte, is hereby amended, to hereafter read as follows, to-wit: nsec. l2-54. Private haulers. It shall be unlawful for any person, other than the city and its employees acting in the scope of their employment, or a private contractor acting as the city's independent contractor, to collect, remove or dispose of garbage, trash or rubbish from any premises within the city, except premises owned or controlled by such persons.n Section 5. Section l2-54, Section l2-55, Section l2-56, Section l2-57, Section l2-58, Section l2-59, and Section l2-7l, of the Code of Ordinances of the City of La Porte, are each repealed on the effective date hereof. Section 6. Any person, as defined in Section l.07(27), Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 7. 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 Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-l7, 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. Section 8. 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 . . ORDINANCE NO. l729 Page 3 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 9. This Ordinance shall be effective on the lst day of November, 1990. PASSED AND APPROVED this the 22nd day of October, 1990. ~ LA PORT~ B ~~ N <man L. Ma~, Mayor ATTEST: . ~ ~/lA./~ Cherie Black, City Secretary ~~~ Knox W. Askins, City Attorney . . ORDINANCE NO. l729 EXHIBIT A - RATE SCHEDULE SERVICE UNIT COST Commercial Container Service $2.00/cubic yard $2.00/cubic yard Extra Dump Service Roll-off Container Service A. 20 Cubic Yard Open-top B. 30 Cubic Yard Open-top C. 40 Cubic Yard Open-top D. Any Compactor Container $9.50/cubic yard $8.05/cubic yard $6.90/cubic yard $9.50/cubic yard Temporary Roll-off Containers A. One-time set-up B. Minimum two hauls per 30 days Less than required minimum $57.50 per container $86.25 per haul less than the required minimum There shall be no monthly rental charges for any containers.