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OR 127.1-A Amends section 4 of Ordinance 127 so as to increase the garabage collection fee AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 127.1A AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING SECTION 4 OF ORDINANCE 127 SO AS TO INCREASE THE GARBAGE COLLECTION FEE THAT FRANCHISEE IS AUTHORIZED TO BILL AND COLLECT FROM NONCOMMERCIAL ACCOUNTS, FROM $2.50 PER MONTH TO $3.00 PER MONTH; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; SPECIFICALLY REPEALING SECTION 4 OF ORDINANCE 127; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. ~4ENDING SECTION 4 OF ORDINANCE NO. 127. Ordinance Number 127, duly passed by the City Council on the 20th day of November, 1973, is hereby amended by changing Section 4 to read as follows: "SECTION 4. Franchisee is authorized to bill and collect from each noncommercial account a garbage collection fee of Three Dollars ($3.00) per month. The amount to be billed and collected from commercial accounts shall be determined by agreement between Franchisee and said commercial account, based upon the average quantity of garbage collected. Provided, however, Franchisee shall make every effort to insure equal treatment in regard to all commercial accounts, so that each commercial account shall be charged the same price per unit of garbage collected. If Franchisee and the Commercial Customer can't agree on the fee to be charged, the amount will be set by the City Council. The term "commercial account," as used herein, shall mean any customer who on a regular basis accumulates for collection, a greater quantity of garbage than is normally accumulated by the average residential customer." SECTION 2. REPEALING CLAUSE. Ail ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are here- by repealed. Section 4 of Ordinance Number 127 is specifically repealed; However, the repeal of existing ordinances by this ordinance shall not affect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. SECTION 3. SEVERABILITY CLAUSE. If any article, paragraph or sub-division, clause, phrase or provision of this Ordinance shall be adjudged in- valid or held unconstitutional, 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 or uncon- stitutional. SECTION 4. EMERGENCY CLAUSE. The fact that the present City regulations are in- adequate to properly protect the public health, safety and welfare, creates an urgency and an emergency and requires that this Ordinance shall take effect immediately from and after the publication of its caption as the law in such cases pro- vides. DULY PASSED by tile City Council of the City of Coppell, Texas, this ~-~ day of ~ 19~ MAYOR C SECRETARY APPROVED AS TO FORM: