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ORDINANCE NO. 2008-52 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS INCREASING THE RATE FOR <br />ONCE PER WEEK COLLECTION OF RESIDENTIAL SOLID <br />WASTE AND RECYCLABLE MATERIALS FROM $13.98 <br />PER MONTH TO $15.75 PER MONTH EFFECTIVE UPON <br />THE COMMENCEMENT OF SINGLE STREAM <br />RESIDENTIAL RECYCLING BY TEXAS DISPOSAL <br />SYSTEMS; INCLUDING PROCEDURAL PROVISIONS; <br />AND PROVIDING AN EFFECTIVE DATE <br />RECITALS: <br />1. The City Council approved a contract with Texas Disposal Systems, Inc. ("TDS") for <br />residential solid waste and recyclable materials collection and disposal on the 20th day of May, 2008 <br />that provides for collection one time per week. <br />2. The City Council set the current rate for once a week collection of residential waste and <br />recyclable materials at $13.98 by Ordinance No. 2008-23 adopted on third reading on May <br />20, 2008. <br />3. The City Council approved an Amended and Restated Contract for Collection and Disposal of <br />Solid Waste and Recyclable Materials on November 3, 2008 to provide single stream <br />residential recycling service for an additional fee of $1.77 per customer per month within 30 <br />days of availability and assurance that a suitable facility is open to accept and process such <br />recycling material within a 50 mile radius of San Marcos. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. Under Section 66.028 of the San Marcos City Code, the monthly charge for <br />once per week collection and disposal of garbage, rubbish and recyclable materials from each <br />residential unit located in the city using bags and containers shall be increased from $13.98 per month <br />to $15.75 effective on the date single stream residential recycling is actually implemented by Texas <br />Disposal Waste Systems in San Marcos, Texas. <br />SECTION 2. All ordinances and resolutions or parts of ordinances or resolutions in conflict <br />with this ordinance are repealed. <br />SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to <br />be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in force if they can be given effect without the invalid portion. <br />SECTION 4. This Ordinance will take effect ten days after the date of its final passage, and <br />the City Clerk will publish notice of its adoption in a newspaper of general circulation in the City.