HomeMy WebLinkAboutOrdinance No. 97-1003 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 97-1003
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING CHAPTER 12 - MUNICIPAL UTILITIES AND SERVICES,
OF THE CODE OF ORDINANCES BY AMENDING SECTION 12 BY
ADDING ARTICLE VII COMMERCIAL SOLID WASTE COLLECTION;
PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That Section 12, Municipal Utilities and Services of the Code of Ordinances
of the City of The Colony shall be amended by adding Article VII which shall read as follows:
ARTICLE VII
COMMERCIAL SOLID WASTE COLLECTION
Sec. 12-119. Franchise for Commercial Collection Required.
No person, firm, corporation, or other entity, excluding the City, may use the
public streets, alleys, or thoroughfares within the corporate limits of the City for the purpose of
engaging in the business of collecting or transporting solid waste or recyclable materials from
commercial and industrial premises within the city without first having obtained a solid waste
collection permit from the City.
Sec. 12-120. Application for Permit; Expiration
(A) to obtain a solid waste collection permit, a person must submit an
application on a form provided by the Building Official or designee. The applicant must be the
person who will own, control, or operate the proposed solid waste collection service.
(B) the permit application shall include the following information:
1. the applicant's name, address and verified signature
2. the form of business of the applicant, and, if the business is a
corporation or association, evidence of the authority of the person signing the application to
represent the business.
3. documentary evidence of payment of ad valorem taxes owed on real estate or personal
property to be used in connection with the operation of the proposed solid waste collection service.
(C) Application for the permit shall be accompanied by a $50.00
nonrefundable processing fee.
(D) The solid waste collection permit expires December 31 of each year, and
may be renewed by making application as provided in this section.
Sec. 12-121. Annual Fee.
(A) The annual fee for the solid waste collection permit is an amount equal to ten
percent (10%) of the gross receipts on all revenues and income collected from any source
derived from the operation of the solid waste and recyclable materials collection service within
the corporate limits of the City.
(B) The permit holder shall remit the annual fee quarterly, on or before the
thirtieth day of April, July, October, and January, based upon the revenues collected during the
previous calendar quarter.
(C) The quarterly payment shall be accompanied by an income statement
certified by the permit holder acknowledging compliance with this section.
Sec. 12-122. Requirement to Furnish Information.
The books and records of the permit holder shall be open at reasonable times for
inspection by the Director of Finance or his designee in accordance with the terms of this
ordinance.
Sec. 12-123. Marking of Vehicles and Containers.
The permit holder shall identify all vehicles and solid waste containers with its
name in letters at least 2" tall.
Sec. 12-124. Revocation of Permit
The Building Official or designee may revoke a solid waste collection permit for
failure of the holder to provide required information, failure to pay fees or for making false
statements on the application or quarterly report.
Section 2. Savings.
This Ordinance shall be cumulative of all other ordinances of the city affecting Municipal
Utilities and Services and shall not repeal any of the provision of those ordinances except in
those instances where the provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance.
Section 3. Penalty.
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined upon conviction, in
an amount not more than Two Thousand Dollars ($2,000.00) as set forth in the City's Code of
Ordinances, and a separate offense shall be deemed committed each day during or on which a
violation occurs or continues.
Section 5. Severability.
If any section, article, paragraph, sentence, clause, phrase or word in this ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council hereby declares it would have passed such remaining portions of
this ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
Section 6. Effective Date.
This Ordinance shall become effective January 1, 1998.
PASSED AND APPROVED this 17th day of November, 1997.
Mary B~r W~(~ts, Mayor
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM: