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HomeMy WebLinkAboutOrdinance 10676j ti ~ ' t ORDINANCE NO ~O '(~ ~~ AN ORDINANCE AMENDING CHAPTER 14, "GARBAGE", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, WHICH CHAPTER REGULATES SOLID WASTE COLLECTION, FEES AND DISPOSAL, BY AMENDING SECTION 14-24 BY INCREASING THE PRESCRIBED UNIFORM FEES FOR RESIDENTIAL REFUSE COLLECTION, BY AMENDING SECTION 14-25 BY INCREASING THE PRESCRIBED UNIFORM! FEES FOR COMMERCIAL REFUSE COLLEC- TION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PRESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLA- TIONS AND PENDING LITIGATION; PROVIDING A PENALTY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 14-24 of Chapter 14 of the Code of the City of Fort Worth ( 1986) , as amended, be and the same is hereby amended to read as follows: "Sec. 14-24. Charges for refuse removal service - compulsory for single-family residences and duplexes; optional for group housing. (a) Use of the city garbage and refuse collection and brush removal service and payment of the fees set out below for such service shall be mandatory for single-family residences, each unit of duplex apartment buildings, garage apartments and mobile homes or trailers occupied as dwelling units. The monthly fees for household garbage and refuse collection and brush removal service shall be as follows: J Curb/A'lley Collector Type Line Service Carryout. Single-family residences $8 85 $32.25 Duplex apartments $8.85 $32.25 (per dwelling unit) Garage apartment unit $8.85 $32 25 Trailer/mobile home $8.85 $32.25 dwelling unit Residential building $8.85 $32.25 or complexes, etc. (per dwelling unit) (b) The use of City garbage and refuse collection and brush removal service shall be optional for resi- dential buildings or complexes which include three (3) or more dwelling units. (c) No refunds of payments or credits for city garbage and brush and bulky waste collection service will be granted for single-family residences, duplex residences and garage apartments that have city water service or are occupied. (d) Credits for city garbage and brush and bulky waste collection service for single-family residences, duplex residences and garage apartment units incorrect- ly rated may be given credit for a maximum period of six (6) months. The credit given will be the differ- ence between the correct monthly rate and the incorrect monthly rate multiplied by the number of months involved to a maximum of six (6) months. (e) The initial billing for city garbage and brush and bulky waste collection services for single-family residences, duplex apartments and garage apartment units shall be made concurrent with the initial billing for water and sewer service. Billing for collection shall be automatic regardless of whether or not a written contract exists between the city and the custo- mer. There shall be no proration of service charges for a portion of a billing period " SECTION 2. That Section 14-25 of Chapter 14 of the Code of the City of Fort Worth (1986), as amended, be and the same is hereby amended to read as follows: "Sec. 14-25. Same - Business and commercial buildings and premises, special services and city-furnished container service Charges for refuse collection from houses, build- ings and premises used for commercial business, and other nonresidential purposes, shall be based on a mini- mum service charge for one standard refuse receptacle or container and an additional charge for the number of additional containers used as set forth in the schedule below: 2 Solid Waste Rate Schedule Hand Loaded Commercial Service Service Two Times per Week Average No of containers 1 2 3 4 5 6 7 8 9 10 Monthly Charge 10 95 16 30 21 80 27 20 32 60 38 00 43 35 48 85 54 25 59 75 Service Three Times per week Average No of containers 1 2 3 4 5 6 7 8 9 10 Monthly Charge 14 10 22 25 30 30 38 50 46 50 54 75 62 75 71 00 79 00 87 25 Service Four Times per Week Average No of containers 1 2 3 4 5 6 7 8 9 10 Monthly Charge 18 75 29 60 40 50 51 25 62 00 73 00 83 75 94 50 105 50 116 25 Service Five Times per Week Average No of containers 1 2 3 4 5 6 7 8 9 10 Monthly Charge 23 50 37 00 50 50 64 00 77 75 91 25 104 75 118 25 132 00 145 50 Service Six Times per Week Average No of containers 1 2 3 4 5 6 7 8 9 10 Monthly Charge 28 10 44 40 60 60 77 00 93 00 109 50 125 50 142 00 158 00 174 00 City-Furnished Container Service Charges for refuse collection from commercial establish- ments and other buildings which use three (3) cubic yard containers, shall be based on the following table: 3 MONTHLY RATE SCHEDULE FOR 3 CUBIC YARD CONTAINERS FURNISHED AND SERVICED BY THE CITY 3 cubic yard containers picked up two times per week 1 $ 115.75 2 232.00 3 348.00 4 464.00 3 cubic yard containers picked up three times per week 1 $ 174.00 2 348.00 3 522.00 4 695.00 3 cubic yard containers picked up four times per week 1 $ 232.00 2 464.00 3 695 00 4 927.00 3 cubic yard containers picked up five times per week 1 $ 290.00 2 580.00 3 870.00 4 1,157.00 3 cubic yard containers picked up six times per week 1 $ 348.00 2 695.00 3 1,045.00 4 1,390 00 Where more than ten (10 containers are used by any one customer, the total monthly charge shall include the minimum monthly charge plus a charge per container (in excess of one) computed on the basis of Fifty-five Cents ($.55) per container per stop. The computation shall be made on an annual charge divided by twelve and rounded to the nearest five cents ($.05). Special Service: Unscheduled Refuse Service. Upon request, the waste disposal division shall make such special collection of refuse as is requested, and a charge shall be levied for such service, computed as follows: 4 }. An hourly rate of Thirty Dollar s ($ 3 0. 0 0) f o r t h e actual time consumed in loading the truck, calculated from arrival at the property served until departure from the property. A rate of Sixteen Dollars ($16.00) per ton for disposal of refuse at the disposal site. The minimum charge for such unscheduled refuse service shall be Thirty Dollars ($30.00) for one hour plus Thirty- eight Dollars ($38.00) for two (2} tons of refuse, for a total of Sixty-eight Dollars ($68.00). Special Service: Unscheduled Bulky Waste and Large Brush Service. Upon request, the waste disposal division shall make special collection of bulky waste, including brush, as is requested, and a charge shall be levied for such service as follows: A rate of Thirty Dollars ($30.00) per hour for the actual time consumed in loading the material, calcu- lated from arrival at the property served until depar- ture from the property. A rate of Six Dollars ($6.00) per cubic yard for dis- posal of the material at the disposal site. The minimum charge for such service shall be Thirty Dollars ($30.00) for one hour plus Twelve Dollars ($12.00) for two cubic yards of materials, for a total of Forty-two Dollars ($42.00)." SECTION 3. That this ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth (1986), as amended, and all other ordinances of the City of Fort Worth, except in those instances where the provisions of this ordinance are in direct conflict with the provisions of such Code or other ordinances, in which instances said conflicting provisions of such Code or other ordinances are hereby repealed. 5 SECTION 4. 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 void, ineffective or unconstitutional by the valid judg- ment or decree of any court of competent jurisdiction, such void- ness, ineffectiveness 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 void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 14 of the Code of the City of Fort Worth (1986), as amended, and of any other ordinance affecting garbage, which have accrued at the time of the effective date of this ordi- nance; and as to such accrued violations and all pending litiga- tion, both civil and criminal, whether pending in court or not, under such chapter and/or other ordinances, same shall not be affected by this ordinance but may be prosecuted until final dis- position by the courts SECTION 6. That any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and, upon con- 6 viction, shall be subject to a fine not to exceed Two Hundred Dollars ($200.00), and each violation hereof, and each day on which there is a failure to comply with the terms of this ordi- nance, shall be and is hereby declared to be a distinct and sepa- rate offense and punishable as such. SECTION 7. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion of this ordinance in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 8. That this ordinance shall become effective and be in full force and effect from and after its passage and publication as required by law, or October 1, 1990, whichever date is later. Provided, however, that the increased rates specified herein shall be reflected on the customer utility statements sent by the City of Fort Worth after October 1, 1990, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ~i~` City Attorney Date• ~ /y 0 ADOPTED : ~ " ~- _ - _4 EFFECTIVE • , _ _ _ 7 MASTER FICL;Yi Acc®urarlNCi.z ~2t~ Of 1F0~°t V~Y O9°t/~~ ~~~~~ ' IRANxPGRTA41aN~?U®G.E(Q VN4RK!^~fl VtAYER ADMINi5TFASlOdd C9~~ ®~ ~~~ ~®~~~~~ ~®~~~~~~~~~®~ CITY. 5E@YlCES.r "~ ~~~~ATE ~ REFERENCE SUBJECT GARBAGE COLLECTION FEE PAGE 2 / NUMBER 9-25-90 ~; G-8822 1 or RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending the garbage collection fee schedule as follows effective October 1, 1990. rvi Current Rate Proposed Rate Residential Curbside Elective Carryout Commercial Hand loaded 3-yard containers BACKGROUND: $ 6.85 $25.00 $ 8.49 $89.74 $ 8.85 $32.25 $ 10.95 $115.75 On October 1, 1982, the Solid Waste Enterprise Fund was established and all solid waste management operations began to be totally funded through service fees established for garbage collection and waste disposal. Prior to establishing solid waste management as an enterprise fund, funding for solid waste management was derived from payment of fees by customers for garbage collection and a subsidy from the General Fund. Since the Solid Waste Fund was created, fees have been established and changed as follows: Date Fees October 1, 1982 $5.50 October 1, 1984 $6.10 September 1, 1986 $6.35 October 1, 1989 $6.85 DISCUSSION: The primary reason for the significant increase in garbage collection fees this year is that since FY 1985/86, despite the $.25 increase in FY 1986/87 and the $.50 i ncrease i n FY 1989/90, there has been heavy reliance on the Solid Waste Fund Balance to pay for solid waste management operations. Monies in fund balance have been budgeted and used each year since FY 1985/86 to provide services and minimize any fee increases. Fund balance has been used as follows: Year Amount 1985/86 $ 19,689 1986/87 $ 401,123 1987/88 $ 164,462 1988/89 $ 718,410 1989/90 $1,983,900 DATE NUMBER CE SUBJECT GARBAGE COLLECTION FEES PACE 9-25-90 G-8822 2 or 2 The current level of the Solid Waste Fund Balance is not enough to continue to finance Solid Waste Management operations. The recommended fee increase will provide sufficient revenue to finance solid waste management operations in FY 1990/91 without having to rely on fund balance. The proposed fee increase. has been reviewed by the City Council Rates Committee and the City Council as a whole during recent 1990/91 budget hearings. FINANCING• Revenues will be deposited in PE64, Solid Waste. RG:b/6 APPR~1fE~ 8Y CITY ~~Ui~C6~. SEP ~~ c~yo City Secretary of the City of Fori Words, Teza~ SUBMITTED FOR THE CITY MANAGER'S OFFICE BY Ramon Guajardo 6191 DISPOSITION BY COUNCIL: ^ APPROVED PROCESSED BY ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD TOm DdVI S 6300 CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Tom DdVI 5 6300 Adopted ardinan~e Nd. ~~ DATE