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Use of sixty (60) gallon carts limited. Effective September 1, 2000, the use of sixty (60) gallon cads for city refuse service shall be limited to units occupied by no more than two persons, one of whom is at least sixty (60) years of age as of the first day of the billing period. Senior rate. Effective March 1, 2003, a unit occupied by no more than two persons, one of whom is at least sixty (60) years of age as of the first day of the billing period, shall be entitled to the senior rate where available. Private refuse collection service permitted. Any residential property owner may have refuse collected from the property by a private refuse collector and not be subject to the charges in Paragraph B, provided that: The private refuse service is comparable to city refuse service in quality, type and frequency; and The private refuse collector is properly licensed; and No later than the last day before the next city billing period the property owner furnishes to the director of finance a valid contract for such private refuse service which is effective throughout the next city billing period. Vacancy credit. Any residential property owner shall receive a credit against the charges in paragraph B for each full month a unit is vacant, provided that: The property owner files an application for credit with the director of finance no later than the last day before the next billing period; and The property owner furnishes to the director of finance proof that the unit was vacant during the current billing period, and the vacancy lasted at least three consecutive months, including any vacancy time that carried over from the previous billing period; and No refuse from the unit was collected by the city during the vacancy. Section 2. The sections, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable, it being the intent of the City Council to comply in all respects with the Constitution and laws of the State of Missouri. If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any one or more of said sections, subsections, paragraphs, sentences, clauses or phrases, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this ordinance and shall be confined to the portions adjudged invalid or unconstitutional. Section 3. This ordinance shall not be construed so as to relieve any person, firm or corporation from any penalty heretofore incurred by the violation of Chapter 8.12, Section 8.12.200, nor bar the prosecution for any such violation. Section 4. Any person, firm or corporation violating any of the provisions of this ordinance, shall, upon conviction thereof, be subject to the penalty provided in Chapter 8.12, Section t. 12.010 of the University City Municipal Code. Section 5. An emergency is hereby declared to exist in that the billing rate must be fixed not later than September 1, 2004.