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02-05-22-Ordinance-Amending Chapter 6 Waste from Tree and Shrub Trimming Brush-03/07/2022CITY OF SANGER, TEXAS ORDINANCE 02-05-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 6 "HEALTH AND SANITATION", ARTICLE 6.500, SECTION 6.513 "WASTE FROM TREE AND SHRUB TRIMMING"; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR VIOLATIONS; AND PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Sanger (the "City") is a home rule municipality regulated by state law and Charter; and WHEREAS, the City of Sanger provides free tree and brush pick-up services to customers paying for garbage pick-up services within the city; and WHEREAS, the City Council finds it necessary for the public health, safety, and welfare that the free tree and brush pick-up occur in a neat, orderly, and efficient manner; and WHEREAS, the City Council has found that the tree and brush pick-up program, which is currently provided by the Parks Department, is not sustainable in its current format; and WHEREAS, in order to continue to provide these services, the Council has determined that certain regulations should be placed on the operation and utilization of such services; and WHEREAS, the City Council would like to evaluate the cost-effectiveness and efficiency of the brush program within twelve months of the new regulations being implemented; WHEREAS, the City Council finds that the passage of this Resolution is in the best interest of the citizens of Sanger. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the above and foregoing premises are true and correct and are incorporated herein and made a part hereto for all purposes. SECTION 2. That an amendment to the Code of Ordinances Chapter 6, Article 6.500, Section 6.513 "Waste from tree and shrub trimming" of the Code of Ordinances is hereby amended in its entirety to read as follows: Ordinance — Brush Pick -Up Pagel of 3 (a) Brush pick-up services shall be available to residential customers at no charge provided they have a utility account in good standing with the City of Sanger. These services are intended for the removal of normal pruning and downed limbs with the following limitations: (1) Monthly collection is available for up to four (4) cubic yards of tree limbs, branches and other loose brush provided that it is less than eight (8) feet in length and eight (8) inches in diameter. All limbs greater than one (1) inch in diameter must be cut off fiom the main branch and less than eight (8) feet in length. Brush in excess of four (4) cubic yards may be picked up at an additional charge that will be added to the utility bill. (2) Only one order per month will be processed per address. Pick-up will occur on the assigned day for the neighborhood. Requests for pick-up shall be made by 5:00 pm three (3) days in advance of pick-up day. Tree limbs and brush shall be placed no earlier than a week before scheduled pick-up day. Inclement weather may delay scheduled pick-up. (3) Tree limbs and brush must be placed adjacent to the out of street right-of-way with the cut section toward the street. Residents shall avoid overhead obstruction and utility facilities as well as parking vehicles near the piles. (4) No shrubs with root systems, stumps, whole or large portions of trees shall be placed for pick-up. (5) All other yard waste shall be disposed of according to the guidelines posted on the City's website. (b) No material generated at a location other than the residence from which is collected shall be placed for pick-up. Limbs on trailers will not be picked up. (c) No material generated by a hired, commercial, or contracted person or service shall be placed for pick-up. (d) Multi -family residential complexes and RV parks are not eligible for this service. SECTION 3. That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases, and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Ordinance — Brush Pick -Up Page 2 of 3 SECTION 5. That this Ordinance shall be cumulative of all other City Ordinances and all other provisions of other Ordinances adopted by the City which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 6. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in the Code of Ordinances, Section 1.109 General Penalty for Violations of Code. SECTION 7. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such case provides. PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this 7rh day of March 2022. PN vC��' '0 ATTEST: ,/ Kell Edw ds, City Secretary APPROVED: Thomas E. Muir, Mayor APP 0 , D T FORM: Co eman, City Attorney Ordinance — Brush Pick -Up Page 3 of 3 DRC MEDIA COMPANY NEWS &ADVERTISING SOLUTIONS One company delivers it all. 3555 Duchess Drive P.O. Box 369 Denton, TX 76202 940-387-381 1 Publication(s): Denton Record -Chronicle PROOF OF PUBLICATION Being duly sworn (s)he is the Publisher/authorized designee of Denton Record -Chronicle, in City of Denton/surrounding areas in Denton County; Newspaper of general circulation which has been continuously and regularly published for a period of not less than one year preceding the date of the attached notice, and that the said notice was published in said newspaper Denton Record -Chronicle on the following dates below: 03/11 /2022 03/12/2022 �C (signature of Authorized Designee) Subscribed and sworn to before me this 12th day of March, 2022 by (printed name of Designee) Witness my hand and official seal: (signature name of Design) ` Notary Public, Denton County, Texas PATRICIA LAGARD Notary Public State of Texas ID # 13027960-6 Comm, Expires 08-05-2023 BANGER CITY OF P O BOX 1729 BANGER TX 76266 Ad Number: 43081 Price: $60.60 Ad Copy. CITY OF SANGER, TEXAS ORDINANCE 02-05-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 6 "HEALTH AND SANITATION", ARTICLE 6.500, SECTION 6.513 "WASTE FROM TREE AND SHRUB TRIMMING"; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. SECTION 6. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in the Code of Ordinances, Section 1.109 General Penalty for Violations of Code. PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this 7th day of March 2022. dre 03/1 1 /2022_& 03/12/2022