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HomeMy WebLinkAbout1571 01-14-2003ORDINANCE NO. 1571 AN ORDINANCE AUTHORIZING THE FRANCHISE OF COMMUNITY WASTE DISPOSAL (CWD), L.P., FOR RECYCLING SERVICES FOR THE COLLECTION OF RESIDENTIAL AND APARTMENT RECYCLABLES WITHIN THE CITY OF EULESS; PROVIDING THE TERMS AND CONDITIONS THEREOF; PROVIDING AN EFFECTIVE DATE; PROVIDING A TERMINATION DATE; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, the City Council of the City of Euless has determined that the services, facilities, and equipment utilized by COMMUNITY WASTE DISPOSAL (CWD), L.P., are sufficient to provide services, facilities and equipment necessary to fulfill the current and future recycling services of the City; and WHEREAS, Community Waste Disposal, L.P., and the City of Euless desire to execute a franchise agreement upon the terms and conditions hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: FRANCHISE AGREEMENT This agreement, made and entered into this 1st day of March, 2003, by and between the City of Euless, a Municipal Corporation of Texas, (hereinafter called the "City ") and Community Waste Disposal, L.P. (hereinafter called "Contractor'). OBJECTIVE The City, in its desire to provide recycling services, demands a qualified professional organization that provides, but is not limited to the following services: A. Efficient and economical residential curbside recycling. B. Maximized sanitary and aesthetic living conditions for the citizens for the City of Euless. C. Maintenance of positive communications with the City and the customer. D. Collection and transport of residential recyclables to a suitable material recovery facility. WITNESSETH In consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.0 DEFINITIONS 1.1 City — City of Euless 1.2 Recyclable Buyer — A buyer pursuant to this Agreement, Contractor. or processor, selected by Contractor of recyclable materials delivered by 1.3 Container — The container for recyclable materials for each single family residential unit within the City shall consist of a polyethylene blue bag. These bags will be available for purchase at area grocery and convenience stores, and it will be the responsibility of the residents to provide their own containers for recycling. 1.4 Contractor —Community Waste Disposal, L.P. 1.5 Recyclable Materials — The following materials shall be included in the recycling program: • Office Paper • Newsprint • Magazines • Aluminum Beverage Cans • Steel/Tin Cans • Glass: Clear, Brown and Green • Plastic Containers #1, #2, #3, #4, #5, #7 • Household Paper Products to include junk mail, envelopes, cereal boxes, cardboard, chipboard, and telephone books. The Contractor shall be responsible for transporting the recyclable materials to a processing site and must have established buyers or markets for the recyclables. The Contractor shall be required to identify the buyers of the recyclables upon request by the City. No more than 15% of recyclable materials collected for the purpose of recycling may be deposited in any landfill. To the fullest extent possible, recyclables materials should be protected against contaminates that require disposal at the landfill. The Contractor shall be totally responsible for the processing and marketing of all recyclable materials collected pursuant to the Contract. 1.6 Residential Unit — A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi -level construction, consisting of four units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. Ordinance No. 1571, Page 2 of 15 1.7 Collection Vehicles — Contractor, at its sole cost and expense, agrees to furnish all trucks, equipment, machines, and labor which are reasonably necessary to adequately, efficiently, and properly collect and transport recyclable material from accounts serviced by Contractor in accordance with this Contract. NO TRUCKS ASSIGNED TO THIS CONTRACT SHALL BE MORE THAN 10 YEARS OLD. Due to street size variations in the City, the Contractor will need to provide equipment that will accommodate such public streets and alleys. Special collections shall be made using appropriate equipment. Contractor shall, if necessary, hand -clean all spillage resulting from its collection activities. Damage caused by collection shall promptly be repaired or replaced at the Contractor's expense. All motor vehicles used in performance of the obligations herein created shall be clearly marked with the Contractor's name, telephone number and unit number legible from 150 feet. No advertising, company logo accepted, shall be permitted on vehicles. All collection equipment shall be maintained in a first class, safe, and efficient working condition throughout the term of the Contract. Such vehicles shall be maintained through a regular preventative maintenance program and painted as often as necessary to preserve and present a well -kept appearance. The City may inspect Contractor's vehicles at any time to ensure compliance of equipment with Contract, or require equipment replacement schedule to be submitted to City. Vehicles are to be washed on the inside and sanitized with a suitable disinfectant and deodorant a minimum of once a month. Such vehicles shall be washed and painted or repainted as often as necessary to keep them in a neat and sanitary condition. Vendor will train drivers to protect Euless streets and not make sudden breaking stops that will damage street surfaces. 2.0 SCOPE OF WORK 2.1 General — A. The Contractor is hereby granted the sole and exclusive franchise, license and privilege within the territorial jurisdiction of the City and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to provide single family and multi - family residential recyclable materials collection and delivery services as specified herein and to perform all of the work called for and described in this Agreement. B. The Contractor shall report to the City the quantities of recycled materials marketed in monthly and annual reports. Ordinance No. 1571, Page 3 of 15 1. Monthly Reports shall include: a. The tonnage marketed subdivided by mixed paper and commingled containers. b. The set -out rates identified with the City. 2. Annual Reports shall include: a. A summary of the set -out rates and the amounts of recovered material. b. A summary of the public awareness activities and community education program including an analysis of their impact on participation and recovered materials. C. A summary of successful experiences, as well as any problems encountered and measures taken to resolve the problems. C. Books and Records The City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice. 2.2 Force Maleure- Notwithstanding anything herein to the contrary, Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, fire, Act of God, or other similar or different contingency beyond the reasonable control of the Contractor. 2.3 Vicious Animals- Employees of the Contractor shall not be required to expose themselves to the dangers of vicious animals in order to accomplish refuse collection in any case where the owner or tenants have animals at large, but the Contractor shall immediately notify the City, in writing, of such condition and of his inability to make collection. 2.4 Improperly Prepared Material - If contractor employees determine that the Recyclable Materials set out by the resident are unacceptable due to incorrect preparation or inappropriateness of materials, Contractor will follow these rejection procedures: upon each instance of improperly prepared materials, Contractor will not collect the items and will leave a sticker -note explaining the proper method of preparation of items. Ordinance No. 1571, Page 4 of 15 Contractor will not be required to collect recyclable materials which are mixed with garbage, trash and rubbish normally collected by solid waste collection crews. Contractor will tag such containers as being unacceptable for recyclable collection. If the Contractor determines that the materials set out by an apartment complex are unacceptable because of a maximum of 10% total contamination, the Contractor will follow these procedures: on the first instance of improperly prepared materials, the Contractor will pick up the load and contact the apartment manager noting in detail the problem(s); in the second instance, if within 30 days of the first instance of improperly prepared materials, the Contractor will pick up the load and contact the apartment manager noting in detail problem(s) and forward a written communication to the City outlining first and second instances; on the third instance within six (6) months of the first instance of improperly prepared materials, the Contractor will not pick up the load, will contact the apartment manager and the City, and a garbage collection fee charge will be made to the apartment complex. 2.5 Handling of "Missed Collection" Complaints — Contractor represents that it has the expertise to provide routing, supervision, and training for the collection crews. Contractor shall resolve all missed collection complaints within a twenty -four (24) hour period. Contractor shall maintain a log of complaints with a summary of the resolutions of such complaints. This log will be made available for review by the City at any reasonable time. 3.0 TYPE OF COLLECTION 3.1 Residential Service Provided — Contractor shall provide curbside collection service for the collection of recyclable materials, on a coinciding garbage collection day, Tuesday or Friday, from residential unit one (1) time per week. Containers shall be placed at curbside by 7:00 a.m. on the designated collection day. 3.2 Location of Containers for Collection - Each container shall be placed curbside for collection. Curbside refers to that portion of right -of -way adjacent to paved or traveled City roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right -of -way, containers shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any container not so placed. 3.3 Apartment Service Provided — The Contractor shall make available a minimum of one six -yard container with inserted "boot," and one eight -yard container, slotted to accept newspapers with slicks, magazines, junk mail, envelopes, cereal boxes, cardboard, chipboard and telephone books. A Ordinance No. 1571, Page 5 of 15 minimum of one drop -off center will be provided for each apartment complex. Apartment complexes with units in excess of 500 will receive one drop -off center per 500 units (example: 2,000 units = four (4) drop -off centers). Such recycling containers shall be modified to include cutting a hole and inserting a "boot' into each six -yard dumpster for the collection of mixed recyclables (plastics # 1 -7, except 6; aluminum cans, steel cans, glass); and replacing each second six -yard container with a slotted eight - yard dumpster for the collection of newspapers with slicks, magazines, junk mail, envelopes, cereal boxes, cardboard, chipboard and telephone books commingled. The recycling containers must be readily identifiable as "Recycling Only' containers and kept in neat and clean appearance. The modified apartment recycling drop -off center will be accessible seven days per week, 24 -hours per day by apartment residents. The containers will be serviced on an on -call basis. Within 48 hours of a call by the apartment complex personnel, CWD will service the container as requested. The City reserves the right to terminate and /or otherwise alter for further improvements, the apartment recycling service with 30 days prior notice to the Contractor. The Contractor has the first right of refusal on program changes. 4.0 OPERATION 4.1 Hours of Operation - Collection of recyclable materials shall not start before 7:00 a.m. or continue after 7:00 p.m. Exceptions to collection hours shall be allowed only upon the mutual agreement of the City and contractor or when Contractor reasonable determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. No collection will be made on Sunday. 4.2 Routes of Collection — Collection routes shall be established by the Contractor. Contractor shall submit a map designating the collection routes to the City for approval, which approval shall not be unreasonably withheld. 4.3 Holidays — The following shall be holidays for the purposes of this Contract: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Contractor may observe any or all of the above listed holidays by suspension of collection service on the holiday, but the Contractor must meet his obligation as required. NOTE: Contractor shall be responsible for Ordinance No. 1571, Page 6 of 15 providing make -up collection for residential routes that occur on specified holidays. Make -up days shall be the next business day following the holiday. 4.4 Complaints — At a minimum, customer complaint procedures shall provide that the customer complaint be addressed within 24 hours of receipt of such complaint and shall be promptly resolved. The contractor shall be responsible for maintaining a log of complaints, and provide the City on a monthly basis with copies of all complaints indicating the date and hour of the complaint, nature of the complaint, and the manner and timing of its resolution. Any missed pickups of residential recyclable materials shall be collected: the same business day if notification to the Contractor is provided by 2:00 p.m.; not later than 12:00 p.m, the next business day if notification is provided after 2:00 p.m. but by the close of business. 4.5 Communication— Contractor agrees, at its own expense, to keep a toll - free or metro telephone number and to provide a telephone answered (mechanical answering machine is not acceptable) from 8:00 a.m. to 5:00 p.m., Monday through Friday and 8:00 a.m. to 2:00 p.m. on Saturday, excluding legal holidays, for the purpose of handling complaints and other calls regarding solid waste and/or recyclable collection service. The Contractor shall keep competent personnel in the office during the time the office is required to be open to the public, and the office personnel shall have authority to represent the Contractor in its relations with the public. The Contractor shall also provide the City a telephone number by which the Contractor can be contacted for after hours emergencies. The Contractor shall keep and maintain in the office a daily log, electronically generated accepted, of all the service calls which shall show the nature of the call, complaint, or communication and the disposition thereof by the Contractor. The City shall have the right to inspect the daily log at any reasonable time. Throughout the term of this Contract, Contractor shall establish and maintain an authorized Managing Agent and shall designate in writing to the City Manager the name, telephone number, and address of such agent upon whom all notices shall be served by the City and to whom complaints received from citizens of the City may be directed. 4.6 Hauling — All recyclable materials hauled by the Contractor shall be so contained, tied or enclosed that leaking, spilling or blowing is prevented. 4.7 Delivery — All recyclable materials collected for delivery and sale by the Contractor shall be hauled to a recyclable buyer selected by the Contractor. The charge for delivery to the recyclable buyer is included in the rate set forth in this Agreement for each residential unit serviced by the Contractor. Ordinance No. 1571, Page 7 of 15 4.8 Point of Contact — All dealings, contacts, etc., between the Contractor and the City shall be directed to the Contractor's operations manager and to the City's Director of Economic Development. 5.0 COMPLIANCE WITH LAWS - Contractor, its officers, agents, employees, contractors, and subcontractors shall abide by and comply with all laws, federal, state, and local. It is agreed and understood that, if the City calls the attention of the Contractor to any such violations on the part of the Contractor, its officers, agents, employees, contractors, or subcontractors, then Contractor shall immediately desist from and correct each violation. This Contract shall be effective upon execution, and performance of such Contract shall begin on March 1, 2003. 7.0 DISCRIMINATION PROHIBITED Contractor, in the execution, performance, or attempted performance of this service, shall not discriminate against any person or persons because of sex, race, religion, color, or national origin. The Contractor must be an equal opportunity employer. 8.0 INDEMNITY The Contractor will indemnify and save harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees to the extent resulting from a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees in the performance of this Contract. City will not be responsible for negligence of Contractor, or any of its agents, employees, or customers. 9.0 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by its performance of this agreement. Ordinance No. 1571, Page 8 of 15 10.0 TERM The Contract shall be for a five (5) year period beginning March 1, 2003, and ending five (5) years thereafter. The contract may be renewed for one additional period of five (5) years contingent upon the agreement of both parties. 11.0 EVIDENCE OF INSURANCE The Contractor will indemnify and hold harmless the City of Euless, and its officers and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees arising out of a willful or negligent act or omission of the Contractor in the performance of this contract. City will not be responsible for negligence of Contractor, or any of its agents, employees, or customers. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in conjunction with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. The cost of such insurance shall be borne by the Contractor. 11.1 Other Insurance Provisions: The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice shall be given to the City of Euless." As soon as practicable, but not more than ten (10) days after the execution of the contract, the Contractor shall have the City named as an additional insured on each certificate of insurance except Worker's Compensation and Employer's Liability, providing written evidence of the same to the City, and shall have each policy including Worker's Compensation and Employer's Liability endorsed to provide a waiver of subrogation in favor of the City. Insurance is to be placed with insurers licensed in the State of Texas and rated A- or better by A.M. Best or A by Standard and Poors. Ordinance No. 1571, Page 9 of 15 11.2 Minimum Limits of Insurance Type of Coverage Per Occurrence Aggregate Minimum Minimum Worker's Compensation As required by law and shall cover As required by all employees including drivers. law. Comprehensive & General $1,000,000 $2,000,000 Public Liability Property Damage $1,000,000 $2,000,000 Comprehensive Auto Liability $1,000,000 Bodily Injury Comprehensive Auto Liability $500,000 Property Damage 12.0 BASIS AND METHOD OF PAYMENT 12.1 Rates A. For collection and delivery services required to be performed pursuant to Section 3.1, the payment rate to the Contractor shall be $0.69 per residential unit per month. For collection and delivery services required to be performed pursuant to Section 3.3, the payment shall be $.19 per apartment unit per month. The rate for senior citizens exempted will be 50 percent of the normal residential payment rate of $.34 per senior exempted resident. B. The foregoing payment rates shall be firm for the first thirty -six (36) months of this Agreement. 12.2 Modification to Rates — No price increase shall be allowed for the first three (3) years of this contract. The fourth and fifth years may have a price increase not to exceed 100 percent of the increase in the DFW CPI based upon the third contract year rate to the CPI. This increase will be considered if service to our citizens is at an acceptable level and all other factors of the contract are being satisfied. No rate increases will be considered until March 1, 2006. 12.3 Contractor Billings to City — The Contractor shall be paid by the City for service rendered no later than the fifteenth (15th) day of each month. Such payment shall be based on the rates and schedules set forth herein. The Contractor shall be entitled to payment irrespective of whether or not the City collects from the customer for such service. The City shall be entitled to retain a franchise fee of five percent (5 %). The City shall be entitled to set rates above the contracted price to compensate for billing and collection services rendered and franchise fees. The Contractor shall receive its pro -rata share of monthly billings per the revenue report. Ordinance No. 1571, Page 10 of 15 12.4 Revenues from the Sale of the Recyclable Materials — Contractor shall retain all revenues from the sale of recyclable materials. 1.25 Documentation — The Contractor shall be responsible for the cost inherent in documenting and reporting all recyclable material as required by the City in Section 2.1 B. 13.0 TERMINATION FOR CAUSE If at any time Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, City shall notify Contractor by registered or certified mail addressed to Contractor at the address set forth herein of specific reasons in support of City's claim that Contractor has substantially breached the terms and provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the date of receipt of said notice from City to remedy any failure to perform. Should City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, after a hearing described herein, City may terminate this contract and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no earlier than ten (10) days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of City's claim that Contractor has substantially breached the terms and provisions of the Contract. Should City still deem Contractor to have failed in its performance, said hearing shall be conducted in public by the City Council and Contractor shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate refuse collection service for City, or has otherwise substantially failed to perform its duties hereunder, the City Council may terminate this Contract. 14.0 TRANSFERABILITY OF CONTRACT Other than by operation of law, no assignment of the Contract or any right accruing under this Contract shall be made in whole or part by the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld; in the event of any assignment, the assignee shall assume the liability of the Contractor. 15.0 EXCLUSIVE CONTRACT The Contractor shall have the sole and exclusive franchise, license and privilege to provide recyclable materials collection and delivery services from residential units and apartment complexes within the corporate limits of the City. Ordinance No. 1571, Page 11 of 15 16.0 OWNERSHIP Exclusive right to recyclable materials that the Contractor has agreed to accept shall pass to the Contractor when placed in Contractor's collection vehicle, removed by Contractor from a container, or removed by Contractor from the residential unit, whichever last occurs. 17.0 GUARANTEE The Contractor will guarantee that all listed recyclables collected in the City of Euless will be deposited at designated recycling collection and /or recycling centers. AT NO TIME WILL THE CONTRACTOR DEPOSIT IN ANY LANDFILL ANY COLLECTED RECYCLABLES WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY OF EULESS. 18.0 MISCELLANEOUS 18.1 Venue and Governing Law — This Agreement is subject to and shall be construed under the laws of the State of Texas. This Agreement is entered into and performable in Tarrant County, Texas, and venue of any legal action upon, arising under or in any way related to the terms of this Agreement shall lie in the courts of Tarrant County, Texas. 18.2 Entire Agreement — This written Agreement contains the entire Agreement and understanding of the parties concerning the subject matter hereof, and no prior or contemporaneous verbal understandings or agreements exist. To be effective, any subsequent modification to the terms of this Agreement must be made in a writing which is signed by all parties hereto. 18.3 Severability — In the event that any provision or portion thereof of any Contract document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with applicable laws. The invalidity or unenforceability of any provision or portion of any Contract document shall not affect the validity or enforceability of any other provision or portion of any Contract document. 18.4 Notices —Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage paid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: Ordinance No. 1571, Page 12 of 15 If to the City: City of Euless ATTN: City Secretary 201 N. Ector Drive Euless, Texas 76039 If to the Contractor: Community Waste Disposal ATTN: Robert D. Medigovich 2010 California Crossing Dallas, Texas 75220 Or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 18.5 Hazardous Material Collection Day — The selected provider will conduct on the grounds of City Hall, or a designated site, a hazardous waste collection day once a year in the fall for the term of the contract. This will include the following: • Arrange with the City and Crud - Mobile or similar vehicles with the same capabilities to collect the material. • Promote the pick -up day City -wide. Work with the City for water bill stuffers promoting the event. • Staff the event assuring all participants are Euless citizens. Assure the site is left clean and all material removed. • Submit a collection report and assure payment to contractor involved. This event to be sponsored annually in the fall for the length of contract. • A payment of $8,000.00 to the City will waive this provision. Vendor must notify City if they intend to manage Hazardous Material Collection Day by March 15`h of each year. 18.6 Educational Program — The contractor for recyclable materials shall invest $2,000 annually for recycling education. These funds are payable to the City for printed material to be used for educational programs on recycling. This payment is due on or before the 15r day of October for each year of the Contract. Material must be consistent with current operational guidelines. 18.7 Special Projects — The City of Euless and the Contractor hereby agree to evaluate new, cost effective and creative services to better serve the Citizens of Euless. Both parties agree to discuss and implement, if feasible, a test program for 18- gallon bins or 36- gallon carts for recycling. Contractor agrees to work with the City on special projects such as Arbor Daze to educate and encourage citizen participation in recycling. The City and Contractor agree to discuss and create programs for the distribution of blue bags within the City. Ordinance No. 1571, Page 13 of 15 18.8 Performance Bond — The Proposal shall be accompanied by a letter from a corporate surety satisfactory to the City stating that the Performance Bond will be furnished by it to the person submitting the Proposal in the event he is the successful Contractor. Such letter is to be signed by an authorized representative of the surety together with a certified and effectively dated copy of his power of attomey attached thereto. The Contractor will be required to fumish a performance bond as security for the faithful performance of this Contract. Said performance bond must be in an amount equal to $15,000 for a term of five (5) years. The Contractor shall pay any and all premiums for the bonds described above. A certificate from the surety showing that the bond premiums are paid in full shall accompany the bond. Such certificate shall be submitted to the City with the bond on an annual basis. The surety on the bond shall be a duly authorized corporate surety to do business in the State of Texas. EXECUTED this day of 2003. CITY OF EULESS A Municipal Operation of Texas ATTEST: Susan Crim, CMC, City Secretary Mary Lib Saleh, Mayor COMMUNITY WASTE DISPOSAL 39 Title Ordinance No. 1571, Page 14 of 15 SECTION 19 SEVERABILITY CLAUSE That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 20 PUBLICATION The City Council further directs that only the caption of this ordinance be published. SECTION 21 EFFECTIVE DATE This ordinance shall be in full force and effect thirty (30) days from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 10TH day of December, 2002, by a vote of 7 ayes, 0 nay, and 0 abstentions. PRESENTED AND GIVEN SECOND AND FINAL READING and approved at a regular meeting of the Euless City Council on the 14"' day of January, 2003, by a vote of 5 ayes, 0 nay, and 0 abstentions. APPR E %lD Mary Lib Saleh, Mayor ATTEST: �� Susan Crim, C, City Secretary Ordinance No. 1571, Page 15 of 15