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ORDINANCE NO. 96-3102
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS
AMENDING SECTION 22-35, SANITARY LANDFILL
CHARGES AND RULES, OF THE PLAINVIEW CODE OF
ORDINANCES; CUMULATIVENESS CLAUSE;
SEVERABILITY CLAUSE; CONFLICTS CLAUSE;
EFFECTIVE DATE.
WHEREAS, the City of Plainview, Texas, opened a new landfill for the disposal of solid waste
for the citizens of Plainview; and
WHEREAS, it is necessary to reduce the quantities of wastes which are exempt from charges to
provide for continued development of the landfill site;
NOW, THEREFORE, BE IT ORDMNED by the City Council of the City of Plainview:
SECTION I:
Section 22-35 of the Plainview Code of Ordinances is hereby amended to read as follows:
Sec. 22-35 Sanitary Landfill Charges: Rules.
The city shall charge and collect for the depositing and disposal of accepted municipal solid waste
as defined in Chapter 330 and Chapter 335 of the Texas Administrative Code, into the city's Type
I sanitary landfill located east of the city on U.S. 70, by individuals, companies, corporations or
governments, as amended.
The charges shaH be collected for each vehicle or hauling unit carrying municipal solid waste into
the landfill for disposal. Collection of the charges for depositing and disposing of permitted
municipal solid waste into the landfill shall be made at the landfill gate house by a city landfill
attendant for each delivery of municipal solid waste as the vehicle or hauling unit exits the landfill
unless prior alternative billing arrangements have been made with the City of Plainview Finance
Department. The charges shall be:
$41.00 per ton for each secured load
$61.50 per ton for each unsecured load
Residents of the city, who haul their own solid waste to the landfill will be permitted to deposit
and dispose of their solid waste into the landfill without charge, provided the person making the
delivery to the landfill has with him/her, at the time of entry, identification showing that he/she
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resides in the city of Plainview and the customer' s portion of the current or previous month's
statement for water, sewer and sanitation services to the landfill gate attendant at the time of entry.
Residents without such identification and statement shall be required to pay the scheduled charge
prior to exiting the landfill unless prior alternative billing arrangements have been made with the
City of Plainview Finance Department. Only persons hauling from their own residences shall be
exempt from charges. The exemption does not apply to roofing materials or
construction/demolition wastes resulting from activities by or on behalf of a resident. All
contractors, yard maintenance persons and all others hauling municipal solid waste shall be
charged and shall pay the scheduled charge upon exiting the landfill unless prior alternative billing
arrangements have been made with the City of Plainview Finance Department.
SECTION II.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason,
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining provisions thereof.
SECTION III.
Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish
the applicability or enforcement of other ordinances restricting, regulating, or governing the
subject matter herein.
SECTION IV.
All ordinances or portion of any ordinance of the City of Plainview, Texas, in conflict herewith,
are hereby amended to conform with the provisions hereof.
SECTION V.
This ordinance shall be of full force an effect upon its passage and publication as required by law.
PASSED AND APPROVED on this 2oZ. day of November, 1996.
Lloyd C. Woods, Mayor
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ATTEST:
Karen McBeth, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Chester Carthel, Director of Public Works
Wally Hatch,'/Cii~y Attorney
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