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o 'ORDINANCE NO. 2003- 72 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS SETTING A RATE FOR THE PROVISION OF ADDITIONAL CARTS FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE; INCLUDING PROCEDURAL PROVISIONS; AND DECLARING AN EMERGENCY. 77, RECITALS: · 1. The City Council approved a contract with Texas Disposal Systems, Inc. for residential solid waste and recyclable materials collection and disposal on April 14, 2003, and the City Council set a rate for the provision of these services to residents in an ordinance adopted on June 23, 2003. 2. The monthly rate for these services includes the provision of only one cart for collection and disposal of residential solid waste. Some customers have requested that one or more additional carts be provided to them for collection and disposal of residential solid waste. 3. The City Council wishes to set a monthly rate for additional carts provided to a customer for collection and disposal of residential solid waste. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Under Section 66.028 of the San Marcos City Code, the monthly charge for the collection and disposal of garbage, rubbish and recyclable materials from each residential unit located in the city using carts and containers remains set at $12.58 (including the provision of one cart for collection and disposal of residential solid waste), and the rate for additional carts provided to a customer is set at $5.00 per month for each additional cart. SECTION 2. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. The importance of this Ordinance creates an emergency and an imperative public necessity, and thc provisions of the Charter requiring that ordinances be presented at three separate meetings, and that ordinances do not take effect until ten days after the date of final passage are suspended, and this Ordinance will take effect for all bills issued on and after December 1, 2003 to customers who use one or more additional carts for collection and disposal of residential solid waste, and the City Clerk will publish notice of its adoption in a newspaper of general circulation in the City.