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O-2643-8-07ORDINANCE NO. 2643-8-07 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 6, "HEALTH AND ENVIRONMENT," ARTICLE III TO ESTABLISH REGULATIONS FOR THE COLLECTION OF HAZARDOUS HOUSEHOLD WASTE, SOLID WASTE AND RECYCLING SERVICES AND BY PROVIDING FOR THE TRANSPORT OF REFUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILFPY CLAUSE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: Chapter 6, Article III of the Code of Ordinances be and the same is hereby amended in part by amending Section 6-52 to read as follows: "Sec. 6-52. Collections, household hazardous waste, and recycling services mandatory; foes. (a) All persons, companies, corporations, businesses, residential, industrial and commercial establishments within the city shall be required to use the solid waste disposal and recycling services provided by the city; all single-family residential accounts receiving monthly bills for solid waste services shall be required to use the household hazardous waste services provided by the city, and pay the solid waste collection, recycling, and household hazardous waste charges established by resolution of the city council from time to time. ' (b) Solid waste and recycling materials shall be collected in the city by one (1) or more contractors which shall operate under a franchise granted by the city. (c) The city shall be the sole provider of solid waste collection, including temporary rolloff open top construction containers, residential and multifamily recycling services. (d) It shall be unlawful for any person, business, company or corporation to engage in the business of solid waste collection removal and transport in the city without first having obtained a franchise or permit therefore from the city." SECTION 2: Chapter 6, Article III of the Code of Ordinances be and the same is hereby amended in part by amending section 6-64 to read as follows: "Sec. 6-64. Transport of Refuse. (a) Vehicles transporting refuse shall be covered by a metal top, screening or canvas or in such manner so as to prevent the escape of any trash or refuse. (b) All contractors, private haulers or other person or entity offering solid waste collection and transportation services within the city shall be required to deliver and dispose of solid waste collected within the city at such facilities owned, operated or designated by the North Texas Municipal Water District, unless otherwise designated by resolution of the city council." ' SECTION 3. All provisions of the Ordinances of the City of Allen in conflict with the provisions of this Ordinance be, and the same are hereby repealed, and all other provisions of the Ordinances of the City of Allen not in conflict with the provisions of this Ordinance shall remain in full force and effcet. I SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase, or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. This Ordinance shall take effect from and after its passage and the publication of the caption as the law and charter provide. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON TRIS THE 14TH DAY OF AUGUST, 2007 APPROVED: Q zo2 Step en rrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelley B. G TRMC, CITY SECRETARY Ordinance No. 26418-07, Page 2