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22-2347ORDiNANCE NO. 22-2347 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITYMANAGER OR DESIGNEE TO FULFILL THE ANNUAL RESPONSIBILITIES OF THE CITY OF DENTON (“CITY”), AS A MUNICIPAL SOLID WASTE DISPOSALFACILiTY OPERATOR TO PAY ITS REQUIRED TEXAS COMMISSION ONENVIRONMENTAL QUALITY (“TCEQ”) DISPOSAL FEE PURSUANT TO TITLE 30CHAPTER 330 OF THE TEXAS ADMINISTRATIVE CODE; INCLUDING PAYINGANY AMOUNTS REQUIRED BY THE TCEQ AND FUNDED IN THE ANNUAL BUDGET; DECLARING AN EFFECITVE DATE. WHEREAS, Title 30 Chapter 330.671 and 330.673 of the Texas Administrative Code requires a municipal solid waste disposal facility operator to pay TCEQ fees based upon the amount of waste received for disposal (“Waster Disposal Fee”) to the in order for the State to cover costs of inspections and enforcement; and WHEREAS, the City of Denton (“City”) operates the City of Denton Landfill (“Landfill”) as a municipal solid waste disposal facility and is required to pay the TCEQ Waste Disposal Fee under Section 330.673 of Texas Administrative Code ; and WHEREAS, City budgets annually for costs and fees associated with the obligations set forth in the TCEQ Waste Disposal Fee; and WHEREAS, the City Manager has reviewed and recommends that the City Council approve and authorize the annual payment of TCEQ Waste Disposal Fees to continue Landfill operation; WHEREAS, the City Council has determined that it is in the public interest to authorize the City Manager to make payments required for the annual TCEQ Waste Disposal Fee as required by Title 30 Chapter 330 Of The Texas Administrative Code; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION 1. The recitations contained in the preamble of this ordinance are true and correct and are incorporated herein by reference. SECTiON 2. The City Council approves and authorizes the City Manager or their designee to make payments for the required annual Texas Commission Environmental Quality Waste Disposal Fee where funds are available in the budget and is further authorized to carry out the rights, duties, obligations, and responsibilities of the City under said TCEQ Waste Disposal Fee upon receipt of the annual invoice. SECTiON 3. The City Council approves and authorizes the City Manager, or designee, to take such additional actions as the City Manager or designee determines to be necessary and advisable to continue to effectuate the purpose, terms and conditions of the TCEQ Disposal Fee. SECTION 4. That this Ordinance shall become effective immediately upon its passage and approval. The motion to apprpve this ordinance was made by & SS-e bw IS and seconded by AT fM\ %& ; ) approved by the following vote []_ - a] : Aye Nay Abstain Absent Mayor Gerard Hudspeth:\/ F i/ Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3 :P/ VACANT, District 4 : Brandon Chase McGee,At Large Place 5 :\/ V/Chris Watts, At Large Place 6: PASSED AND APPROVED this the hE,L,IIar-, 2022. 1[hhBaz1rII11: aTaATTEST: ROSA RIO:f©1\\\\t 11111/ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY