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Home My WebLink AboutOrdinance - 10125-1998 - Amending Chapter 23 Permitting Temporary Collection Solid Waste In Newly Annexed - 12/16/1998I' I First Reading i Item 13 Second Reading Item 12 !l December 16. 1998 January 14. 1999 ORDINANCE NO. 10125 I AN ORDINANCE AMENDING CHAPTER 23 OF TI:IE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMITTING THE TEMPORARY COLLECTION OF RESIDENTIAL SOLID WASTE WITHIN NEWLY ANNEXED AREAS OF THE CITY OF LUBBOCK BY PRIVATE HAULERS; PROVIDING A MISDEMEANOR PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Lubbock may from time to time annex areas into the City in which residences are being served by private solid waste haulers on individual contracts; and WHEREAS, the transition to City residential solid waste service will be eased by allowing such private solid waste haulers to continue to provide residential solid waste services in such newly annexed areas during the transition period; and WHEREAS, the residents of newly annexed areas have in the past requested the City to allow existing contracts with private haulers to be honored during such transition; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a section, to be numbered Section 23-32, which said section reads as follows: Sec. 23-32. Permit for removal of solid waste, garbage, trash, etc. from residential dwellings in newly annexed areas. (a) Private solid waste haulers may be granted a permit by the City of Lubbock Solid Waste Department to continue serving existing residential customers within a newly annexed area at the time of such annexation. Such permits shall be valid for a time period not exceeding three years from the date of such annexation. "Existing residential customers" shall mean those persons having a valid written agreement with a solid waste hauler or persons providing a written statement that they are sharing a container with a named customer having a valid written agreement with a solid waste hauler at the time of such annexation. It shall be unlawful for any person to engage in the removal of residential solid waste, garbage, rags, refuse matter or waste material of any kind or solicit the removal thereof on a contract basis within such newly annexed area without first obtaining a permit from the City of Lubbock. (b) All permits issued pursuant to this Section shall require the payment of three percent (3%) of the gross receipts commencing sixty days (60) after the effective date of the annexation on all revenues and income collected from any residential solid waste service being performed in the newly annexed area during the term of the permit. Said permit fee shall be remitted to the City quarterly, on or before the thirtieth day of April, July, October, and January, based on the revenues received during the previous calendar quarter. Each payment shall be accompanied by an income statement certified by the permit holder as to its accuracy. (c) Permit holders shall furnish the City Solid Waste Department a list of customer accounts each month. Customer accounts shall be delivered to the City no later than the fifth day of each month. (d) Should the permit holder fail to service his customers in a satisfactory manner or fail to meet the requirements of this Chapter, the holder's permit or any other applicable governmental rule or regulation, the permit holder shall be deemed to be in breach of his permit, and the City, acting by and through its City Manager, may revoke such permit. Such revocation may be appealed to the City of Lubbock Permit and License Appeal Board in such manner as is provided for by this Code of Ordinances. (e) Permit holders shall dump waste material at a landfill licensed by the state. Should the permit holder dump at any unauthorized location, the holder's permit may be revoked, and prosecution may be had pursuant to any applicable law or regulation. In addition, the permit holder shall be liable for all costs to clean up such unauthorized dumping. SECTION 7. THAT violation of any provision of this Ordinance shall be deemed a Class C Misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. SECTION 8. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 9. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication as provided by law . '2 AND IT IS SO ORDERED. Passed by the City Council on first reading this 16t:h day of December , 1998. Passed by the City Council on second reading this 14t:hday of .January , 1999. ATTEST: APPROVED AS TO CONTENT: Mildred Cox, Director of Transportation Ddord/Solwast.ord.doc December 15, 1998 3 GJYM4~· WlNDYSIO~ APPROVED AS TO FORM: ~~p\ City Attorney I j THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Phillip Hernandez a-ltotacy: Public in and for Lubbock County, Texas on this day personally appeared Sarah Kelley, Classified Sates anager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me dul~ sworn did depose and say that said new~aper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this ~Le~gal~N~:::•ce=-~=--==-=-=--------------:------::---::---:--: --------r::::::::r'I[T'M=:---No. /f/,4"'1~ 7 at Lubbock County, Texas and the attached print- ed copy of the Legal Nobce r __is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates =-rillfl!MIIM~~~::1.-4JLlF-~J.1.-=i----------,---- Classified Salcsager LUBBOCK AVALANCHE-JOURNAL Morris Communication Corporation NOTARY PU LIC in and fort t"exas My Commission Expires .................. ___ _ 99 IAN 0:-D~~:::: :::~:lNG I ZONING ORDINANCE NO 70114 ~~~ l~~~ IAL MAP OF I ' ! ·--.~----------------------------------- . ORDINANCE NO. 10127 I ~~~~~~~;..';,M2Jt~~~ f ;oNNN?:J'6~"o7~:NACME~~OD. 170N•~ ORDINANteSOF 'tHE Ct1"1' OF ·~ D THE " ,.. iUBBOCI<, TtUtA$, WtTH RE· 1 T1 HNEGCTITYH Eg~FFLO~~~ABLOCMICAf..OKF· ARD TO PSltMITTtNG THE ...., EMPOR~Y COU.ECTION OF . C L L 0 W I N G ESIDENTlAL SOLID WASTE [ G HANGES: ZONE CASE NO l7SO. ' I A ZONING CHANGE FROM jl~~ :..EEWC~~:~~i~~g~':( l ~g:,~JT~CONDITIONS TO c.z.·, Y PRIVATE HAULERS; PRO. I SOUTHW TRACTS A AND B I DING A MISDEMEANOR PEN· • 'LUBBOc:si~XAAVSEN..,ADDITION: , ~LTY; PROVIDING A SAVINGS A PEN ' ; r"ROVIDING ~~~fl.:l~~-PROVIDING FOR f DIT1o:i_T~ktl{,~t~~1 Tf i~~· • ECTION 7. THATvlolatlon of any I ~'t,~S P'i,'et~~~T~~~-PROVIDING . ~~~~o~:::.:::,~n::n~!!t.~ .SECTION 2. THAT vlolalran of a •s provided by Section 1-4 of the ; =~:vision of this Ordinancetholl :- tade of Ordinances at the Cltv of · by ;red a misdemeanor Punishable " 'ub~k Texas ne not to exceecr Twa Tho"-. , ,. ...,.. , . land and NI>!IOO Dollara (S2.000 oO ORDINANCI!: NO. 10126 ~!n~vlged In Section 29..JJ at 'th~ ; Lub~k. rdlnance of the City of AN ORDINANCE AMENDING IONING ORDINANCE N0.:70U I':AND THE OFFICIAL MAP OF ORDINANCE N0.10128 tHE CITY OF LUBBOCK MAIC· ·AN ORO I · if N G THE F 0 L L 0 WING :ZONING o~"o7~:NACMEENN0DI70NG !CHANGES: ZONE CASE NO.I4116-AND TH 84 ~C;A ZONING CHANGE FROM C-3 • THE crJ g~F~~~~LOCMAP OF jTO C.4 ZONING, LIMITED TO A I N G T H E F IC MAIC· ;CIRIVE·IN RESTAURANT AND i, CHANGES: ZON~CAL LSEONWO 12~G. "AU. PERMITTED C·J USES, ON A ZONING -• .;TRACT A·l AND A PORTION OF 'TO . CHANGE FROM R-i '~j~~·t:a'a"o~i~ ~~~~~ A,.O:J: g~ ~~~~Vf'B~LO.~c5L~~Eg"J~~ ~'tiDING A PENALtY: SUBJECT BOCK ' " LUB-~TO CONDITIONS; PROVIDING A f PENAL :f:,XAS; PROVIDiNG A ~:·:g: ~~:~~fA~~gN~ROVID-. ~b~~}it,~~-~k~~:ittlr~: ' SECTION 2. THAT viOlation of any j ProvlslonolfNsOrdlnan~eshall be ; SECTION 3, THAT I I I I ::•::~: !"Jscr,;'!':c':':;":C:1~=~~ :ero.;lslans at this o"r~l:::,:,a~~~~ !sand aNI No/100 Dollars ($2,000.00) obre"t~"f'lnae ";.~~~meaner PUnlsh- 1 !IIIPNY!declln Section 2t·ll tf the Thousand 0 •xceed Twa Zonllll onllnance et tilt Cltr et rn.aoo.a1 ancr Natloo Dollars , LUIIIIOclL · •~I of lfle ;:,•avlded In Section · City of Lublloc:k~ Ordinance of the ; SECTION 2. THAT violation or anv 1 provision or this Ordinance shall be 1 deemed a misdemeanor PUn bhable 1 fly o line nat ta exceed Twa Thou-/land and NClo'100 Dollars ($2.000 001 , , !IS Provided In Section 29--31 of 'the · tz_ onlng Ordinance of the City of LubboCk. ' ORDINANCE NO. 101~ .'AN ORDINANCE AMENDING ARTICLE X OF CHAPTER 1 OF THE LUBBOCK CODE OF ORDI· NANCE$; AMENDING ART!· CLES I AND fll AND ADDING AN ARTICLE IV TO CHAPTER U OF THE LUBBOCK CODE OF ORDI· NANCE.$ ENTITLED '·'CITY THOROUGHFARE BEAUTIFICA· TION ORDINANCEn WHICH DE· FINES STRI!:ET TREES AND PARK TREES; RELEGATES AU· TNORITY OVER THE PLANT· lNG, MAINTENANCE AND RE· MOVAL OF SAID PLANT MATE· . RIAL TO THE PARKS AND REC. REATION MANGER; SPECIFIES RECOMMENDED AND PROHIB· ITED SPECIES OF STREET TREES TO BE PLANTED THE DISTANCES AT WHICH THEY 'ARE TO BE PLANTED FROM EACH OTHER AND CONSTRUCT· ED ELEMENTS IN THE LAND- SCAPEr PROVIDES FOR RE· . VIEW AND IMPOSING A PENAL· TY FOR ALL ACTS IN VIOLA· TION OF THE ORDINANCE AS A MISDEMEANOR; PROVIDES A SAVINGS CLAUSE!· AND PRO· VI DES FOR PUBLICATION. . IECTION 4. Any lltriOn Vlolat1111 .. ••r •••vision of lhls ordinance .. lhaU lot, UPOn conviction ., o elta el I !lilly, lullly 010 Qau c mllde· . nt80DOr ttUftiSilQfllt OCCOrdiftt to : ::. =:.;;r"'";.ec~.ll1. ,:.::.ctiOJt !Rq.2Jj ~