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1997-113d \~PDOCS\ORD\COHPOST {)RD ORDIN =E NO. AN ORDINANCE OF THE CITY OF DENTON AMENDING ORDINANCE NO. 97-052 BY CHANGING THE RATE, TYPE OF SERVICE AND PAYMENT PROVISIONS ON RATE SCHEDULE CWM IN CONNECTION WITH THE SALE OF COMPOST AND WOOD MULCH BY THE WATER RECLAMATION DIVISION OF THE WASTEWATER DEPARTMENT OF THE CITY OF DENTON TO THE GENERAL PUBLIC; PROVIDING FOR A SEVER- ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~ That Ordinance No. 97-052 is hereby amended by adopting a new CWMRate Schedule, attached hereto and incorporated herein as Exhibit A, for the sale of compost and wood mulch, as provided for in Chapter 26 of the Code of Ordinances of the City of Denton, Texas ~ That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the city of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. ~ That the amendment to the Schedule of Rates herein adopted shall be effective, charged and applied retroactive- ly, as applicable, to the sale of compost and wood mulch by the Water Reclamation Division of the Wastewater Department of the City of Denton on or after March 1, 1997; and a copy of said rates shall be maintained on file in the office of the city Secretary. PASSED AND APPROVED this the /~ day of ~~_____, 1997. JA~MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APP~VED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY U SCHEDULE CWM COMPOST ~ND WOOD MULCH SCHEDULE (Effective 03/01/97) Applicable to any and all customers, whether residential, commer- cial or wholesale, who elect to acquire the City of Denton Compost and/or Wood Mulch for their use. The city of Denton reserves the right to restrict or limit the sale of compost or wood mulch to any customer at any time. RATE Compost and Wood Mulch will be sold by volume on a cubic yardage basis, and are to be purchased in cubic yardage increments. Quantities will not be sold in volumes less than one half (1/2) cubic yard. A. Compost Per cubic Yard $20.00 B. Wood Mulch Per Cubic Yard $10 00 PRODUCT AVAILABILITY The City of Denton produces compost and wood mulch throughout the year in varying limited quantities. The city of Denton does not guarantee the availability of either product, and expressly reserves the right to restrict the sale of e~ther product based upon available volumes. TYPE OF SERVICE/PAYMENT FOR SAME Compost and Wood Mulch may be purchased at the city of Denton Customer Service Department, located at 215 East McKlnney, Denton, Texas during regular business hours, or at the Pecan Creek Water Reclamation Plant (the "Plant"), located at 1100 Mayhlll Road, Denton, Texas. Ail compost and wood mulch sold will be sold in bulk, and will not be bagged or otherwise packaged. All customers wishing to purchase compost and wood mulch will be required to pay for same, prior to being entitled to receive any compost or wood mulch. Ail compost and wood mulch sold shall be provided to the customer at the Plant once the customer presents a paid receipt to the attendant. No product deliveries w~ll be made to any cus- tomer's s~te location at this time. Page 2 W~OLESALE PURCHASES All compost or wood mulch purchased wholesale, for resale to the public, is to be identified as a city of Denton manufactured product. The wholesale purchaser must provide the City of Denton selling price information to the retail customer if it Is request- ed. Page 3