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Ordinance No. 9,613ORDINANCE NO. 9613 is AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE III "COMMERCIAL SOLID WASTE," DIVISION 2 "SMALL BUSINESS WASTE COLLECTION SERVICE," SECTION 86 -166 "CONTRACT FOR GARBAGE COLLECTION' OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCREASE THE MONTHLY FEE FOR SMALL BUSINESS WASTE COLLECTION SERVICES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 86 "Solid Waste," Article III "Commercial Solid Waste," Division 2 "Small Business Waste Collection Service," Section 86 -166 "Contract for garbage collection" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 86. SOLID WASTE ARTICLE 111. COMMERCIAL SOLID WASTE DIVISION 2. SMALL BUSINESS WASTE COLLECTION SERVICE Sec. 86 -166. Contract for garbage collection. The city department of public works shall have the right to contract with certain small local businesses and professional offices for garbage service. The contract shall specify the maximum quantity of bags to be disposed of weekly and the rate to be charged. The charges shall be $26.50 per month for up to five bags per week, and for each additional bag per week the charge shall be $2.00 per month. The director of public works shall contract only with those who wish the service and who are located near existing residential customers. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: If any provision, section, exception, subsection, paragraph, sentence, 10 clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall • not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. • Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 14th day of August, 2003. PETE C. ALFARO, Mayor ATTEST: G. ..Y W. SMITH, City Clerk APPROVED AS TO FORM: 4 Xa��Z) ACIO RAMIREZ, SRAXity Attorney FAKaren\Files\City Council\Ordinancesl SmallBusinessWasteCollectionSmiceOrdinance .doc 2