Ordinance No. 6,008Published In: THE BAYTOWN SUN
Tuesday, October 1, 1991 910926 -7
Wednesday, October 2, 1991
ORDINANCE NO. 6008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AMENDING CHAPTER 14 "GARBAGE, TRASH AND BRUSH" OF THE
CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY
ADDING ARTICLE VII REQUIRING AN ANNUAL PERMIT FEE OF
$20.00 PER VEHICLE OF ALL PRIVATE PERSONS, FIRMS OR
CORPORATIONS COLLECTING GARBAGE, TRASH AND /OR RUBBISH
WITHIN THE CITY LIMITS OF THE CITY OF BAYTOWN; LEVYING
A MONTHLY TAX EQUAL TO 10% OF THE GROSS RECEIPTS;
PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED AND
NO 1100 ($500.00) DOLLARS; PROVIDING A SAVINGS CLAUSE;
REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
PUBLICATION BY PUBLISHING THE CAPTION ONLY; AND
PROVIDING AN EFFECTIVE DATE.
BE ORDAINED BY THE CITY OF BAYTOWN:
Section 1: That Chapter 14 "Garbage, Trash and Brush" of
the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding Article VII to read as follows:
ARTICLE VII
Sec. 14 -32. Collection of Garbage, Trash and /or
Rubbish by Private Persons, Firms or
Corporations.
A. (1) Each private person, firm or corporation
collecting garbage, trash and /or rubbish
within the City shall apply to the city clerk
for a waste collection permit.
(2) Each private person, firm or corporation
collecting garbage must submit the following
information on its waste collection permit
application:
a. The name and address of the owner and
the name of his company
b. Make, model and type of vehicle or
vehicles to be operated by the applicant
C. Whether the vehicle or vehicles shall be
operated by the owner or his employee
with bona fide employer - employee
relationship
d. Whether the applicant proposes to own,
rent or lease the vehicle or vehicles to
be used
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e. Proof of insurance coverage of no less
than twenty thousand dollars
($20,000.00) for bodily injury to or
death of one person in any one accident
and, subject to said limit for one
person in the amount of forty thousand
dollars ($40,000.00) for bodily injury
to or death to two (2) or more persons
in any one accident, and in the amount
of fifteen thousand dollars ($15,000.00)
for injury to or destruction of property
of others in any one accident.
Insurance coverage means an insurance
policy or policies and /or a certificate,
or certificates of insurance covering
all vehicles of the insured, insured by
a company or companies qualified to do
business in the state of Texas and
performable in Harris county, Texas.
All insurance policies or certificates
of insurance must show the year, make
and model, state license number and
motor number of all vehicles which have
been authorized or may be authorized to
operate by the City of Baytown. All
such insurance policies and /or
certificates of insurance must contain a
provision, or an endorsement, requiring
that the city clerk shall be given at
least ten (10) days' written notice
prior to the date of cancellation before
such policy may be cancelled by the
insurer, for any cause
f. Proof that the vehicle has passed a
safety inspection for the current year
performed by the city garage
superintendent or his designee
B. Each private person, firm or corporation
collecting garbage, trash and /or rubbish within
the city limits shall display the permit on the
front windshield of each vehicle.
C. (1) An annual permit fee of $20.00 per vehicle
shall be required of all private persons,
firms or corporations collecting garbage,
trash and /or rubbish within the city limits.
(2) There is hereby levied a monthly tax equal to
ten percent (10 %) of the total gross receipts
of all persons, firms or corporations
collecting garbage, trash and /or rubbish
within the city limits.
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(3) Each private person, firm or corporation
collecting garbage, trash and /or rubbish
within the city limits and using the city
streets therefor shall file a monthly report
with the City Finance Director showing the
total amount of its gross receipts collected
from its customers for such services during
each month and shall file said report and pay
the aforesaid ten percent (10 %) on or before
the tenth day of the succeeding month.
(4) Upon reasonable notice, each such person,
firm or corporation shall make its books and
records available to the City Finance
Director to enable him to determine the
correctness of any report of its gross
receipts filed with the city as required by
this ordinance.
(5) If any person, firm or corporation shall fail
or refuse to file a monthly report showing
its gross receipts, then its permit shall be
automatically revoked and terminated; unless
for good cause the City Council shall extend
such time.
Section 2: The annual gross receipts tax levied herein shall
be placed in the Solid Waste Enterprise Fund and used for the
purposes thereof.
Section 3: If any provision, section, subsection,
paragraph, sentence, clause or phrase of this ordinance shall for
any reason be held to be unconstitutional, void or invalid, such
invalidity shall not affect the validity of the remaining
provisions of this ordinance and to this end all provisions of
this ordinance are declared to be severable.
Section 4: Any person, firm or corporation violating any
provision of this ordinance shall be guilty of a misdemeanor and,
upon conviction, shall be fined an amount not exceeding FIVE
HUNDRED AND N01100 ($500.00) DOLLARS. Each day that such
violation exists shall constitute a separate offense and be
punishable as such hereunder.
Section 5: All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed but only to the
extent of the conflict.
Section 6: This ordinance shall be published by publishing
the caption hereof one time in a newspaper of general circulation
in the City of Baytown within ten (10) days after the passage
hereof.
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Section 7: It is the intention of the City Council that
this ordinance shall become a part of the Code of Ordinances of
the City of Baytown and may be codified therein accordingly.
Section 8: This ordinance shall take effect on January 1,
1992.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 26th day of
September, 1991.
ATTEST:
EILEEN P. HALL, City Clerk
ACIO RAMIREZ, SIB City Attorney
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MMETT O. HUTTO, Mayor