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<br /> <br /> <br /> <br />113 <br /> <br />ORDINANCE 1991- 62 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SAN MARCOS, TEXAS, AMENDING SECTION 12-8 OF <br />THE SAN MARCOS CODE OF ORDINANCES TO INCREASE <br />THE RESIDENTIAL SOLID WASTE COLLECTION RATE <br />BASED ON AN INCREASE IN THE STATE FRANCHISE <br />TAX UPON BROWNING-FERRIS INDUSTRIES, INC.: <br />PROVIDING FOR SEVERABILITY: REPEALING ALL <br />CONFLICTING ORDINANCES: PROVIDING FOR <br />PUBLICATION: AND ESTABLISHING AN EFFECTIVE <br />DATE. <br /> <br />WHEREAS, H.B. 11 passed by the First Called Session of the <br />Texas Legislature includes an increase in the State Franchise Tax <br />solid waste disposal by Browning-Ferris Industries, Inc. <br />necessitates a corresponding increase in the City's solid <br />collection rate charged to residents: now therefore, <br /> <br />72nd <br />upon <br />and <br />waste <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. That subsections (a) and (e) of Section 12-8 of the <br />San Marcos Code of Ordinances are hereby amended to read as follows: <br /> <br />(a) The monthly charge for the collection of garbage and rubbish <br />from each residential unit located in the city using bags and <br />containers shall be $8.23. <br /> <br />(e) A solid waste reserve fund shall be established by the <br />director of finance. The funds deposited in this account are <br />to be used for purposes related to the collection or disposal <br />of solid waste. From each monthly residential unit charge, <br />the director of finance shall cause to be deposited <br />twenty-three cents (239) in the reserve fund. <br /> <br />SECTION 2. That if any word, phrase, clause, sentence, or <br />paragraph of this ordinance is held to be unconstitutional or invalid <br />by a court of competent jurisdiction, the remaining provisions of this <br />ordinance shall remain in effect as if the unconstitutional or invalid <br />portion had not been adopted. <br /> <br />SECTION 3. That all ordinances or parts of ordinances in conflict <br />with this ordinance are hereby repealed. <br /> <br />SECTION 4. That this Ordinance shall apply .to billing cycles <br />ini tiated by the City for said waste collection and disposal services <br />on and after November 1, 1991, and it shall be published in a newspaper <br />of general circulation in the area as required by the Charter of the <br />City of San Marcos, Texas. <br /> <br />PASSED AND APPROVED on first reading <br /> <br />September 9, 1991. <br /> <br />PASSED AND APPROVED <br /> <br />PASSED, APPROVED AND <br /> <br />on second reading <br /> <br /> <br />ADotTE <br /> <br />Kathy <br />Mayor <br /> <br />September 23, 1991. <br /> <br /> <br />ri~ 1,99 . <br /> <br /> <br />A~,est: ~/l~/ , <br />/'.f ' I \ 1//[\ Ii <br />ce-.: t.JlJ/1tu}) . t/ ~~}1IvtJ'J <br />Janis K. i"lomack <br />City Secretary <br /> <br />Approved: <br /> <br />~t>~ <br /> <br />Mark B. Tay~ - 0- <br />City Attorney <br /> <br />PUBLISHED IN THE SAN MARCOS DAILY RECORD, THURSDAY, OCTOBER 17, 1991. <br />