HomeMy WebLinkAboutOrdinance 10992ORDINANCE N0. -~~L~~
AN ORDINANCE AMENDING CHAPTER 14, "GARBAGE", OF THE
CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS
AMENDED, BY ADDING A NEW SECTION 14-34, "ENVIRONMENTAL
PROTECTION FEE", WHICH ESTABLISHES A MONTHLY ENVIRON-
MENTAL PROTECTION FEE OF FIFTY CENTS WHICH SHALL BE
ADDED TO THE WATER BILLS OF ALL CUSTOMERS IN THE CITY
OF FORT WORTH; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFEC-
TIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Chapter 14, "Garbage", of the Code of the City of Fort
Worth, Texas (1986), as amended, be and is hereby amended by
adding the following new section:
Sec. 14-34. Environmental Protection Fee.
(a) A separate fee of 50 cents per month shall be
charged to persons within the City for solid waste dis-
posal services as authorized by V.T.C.A., Health and
Safety Code, Section 364.034. Such fee shall be
included on the monthly water bills of all customers,
shall be in addition to any fees for other services
regulated by this article, and shall be shown as
"Environmental Protection Fee".
(b) The purpose of such fee is to recover the
cost of addit=onal solid waste disposal services which
the City must provide to persons in the City because of
environmental clean-up and protection measures required
by state and federal laws and regulations, which costs
are not being recovered through fees for other services
regulated by this article.
(c) The payment of a fee charged under this
Section does not relieve any person of the duty to com-
ply with. applicable environmental laws, regulations,
codes and ordinances. The City may enforce any such
laws, regulations, codes and ordinances against a per-
son who has paid such fee and may seek legal or
equitable relief against such person, including but not
limited to recovery of the City's abatement, clean-up
and protection costs.
(d) In this Section, "solid waste" has the
meaning assigned by V.T.C.A., Health and Safety Code,
Chapter 361 (Solid Waste Disposal Act).
SECTION 2.
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth, Texas
(1986), as amended, except where the provisions of the ordinance
are in direct conflict with the provisions of such ordinances and
such Code, in which event conflicting provisions of such ordi-
nances and such Code are hereby repealed.
SECTION 3.
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 unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, para-
graphs 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 unconstitutional phrase, clause, sen-
tence, paragraph or section.
SECTION 4.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the cap-
tion and effective date in the minutes of the City Council and by
filing the ordinance in the ordinance records of the City.
2
SECTION 5.
This ordinance shall be in full force and effect from and
after the date of its passage and publication, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
~EOu1''!' ty Attorney
Date • ! - ~~,~
ADOPTED:
EFFECTIVE:
3
MASTEk FILE i
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01/07/92 R
G-9454 L AME
12GARBGE PA E
1 of 1
ADMINt5iRAT1T1
SUBJECT v. f
ADOPTION OF ORDINANCE AMENDING CHAPTER 14 "GARBAGE" OF THE CITY CODE TO ADD
PROTECTION FEE
f
RONMENTAL
SECTION 14-34 ESTABLISHING A MONTHLY ENV
RECOMMENDATION:
It ~s recommended that the City Council adopt the attached ordinance amending
Chapter 14, "Garbage", of the Code of the City of Fort Worth, Texas (1986), as amended,
by adding a new Section 14-34, "Environmental Protection Fee", which establishes a
monthly environmental protection fee of fifty cents ($0.50) which shall be added to the
water bills of all customers in the City of Fort Worth.
DISCUSSION:
Theincreasing proliferation of federal and state environmental laws and regulations
have created an increasing financial burden for local governments, including the City
of Fort Worth.
One of the cost elements of these environment clean-up and protection measures is the
disposal of solid waste generated thereby. The Texas Health and Safety Code Annotated
Section 364.034 authorizes the imposition of a fee for solid waste disposal services
by a city. The attached ordinance would establish a separate fee of fifty cents per
month to be included on monthly water bills as a separate line item entitled
"Environmental Protection Fee".
It is estimated that this environmental protection fee will generate approximately
$449,344 annually. The fees collected shall be placed into the general fund of the
City of Fort Worth. It is estimated that the City of Fort Worth has incurred the
following costs for solid waste disposal services connected with environmental clean-up
and protection activities in the following amounts for recent fiscal years:
1989 $225,281
1990 $348,847
1991 $879,523
It is anticipated that the City's costs for the solid waste disposal services for
fiscal year 1991-92 will equal or exceed the costs incurred for recent years.
Therefore, the amount collected pursuant to this ordinance will only partially defray
the City's costs connected with the services.
WA:c
Su itte or C ty Manager's FUND AC OUNT CENTER AMOUNT CITY SECRETARY
Office by: to B Y
CITI' COUNCIL
Mike Groomer 6140 ~
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For A itional Inforsation
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