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HomeMy WebLinkAboutOrdinance 10388~ ' ' ~. :~ ORDINANCE N0. ~ u 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 - com- pulsory 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: Charge per month Type Curb/Alley Collector Line Service Carryout Single-family residences $6.85 $25.00 Duplex apartments 6.85 25.00 (per dwelling unit) Garage apartment unit $6.85 $25.00 Trailerlmobile home 6.85 25.00 dwelling unit Residential building $6.85 $25.00 or complexes, etc. (per dwelling unit) (b) The use of City garbage and refuse collection and brush removal service shall be optional for residential 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 incorrectly rated may be given credit for a maximum period of six (6) months. The credit given will be the difference between the correct monthly rate and -2- 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 customer. 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, buildings and premises used for commercial business, and other non-residential purposes, shall be based on a minimum 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: -3- RATE SCHEDULE FOR HAND-LOADED COMMERCIAL GARBAGE PICKUP Service two times per week Average number of containers 1 2 3 4 5 6 7 8 9 10 TOTAL MONTHLY CHARGE $ 8 49 $12 63 $16 88 $21 07 $25 26 $29 46 $33 59 $31 84 $42 03 $46 23 Service three times per week Average number of containers 1 2 3 4 5 6 7 8 9 10 TOTAL MONTHLY CHARGE $10 91 $17 20 $23 49 $29 18 $36 O1 $42 36 $48 64 $54 93 $bl 22 $67 46 Service four times per week Average number of containers 1 2 3 4 5 6 7 8 9 10 TOTAL MONTHLY CHARGE $14 51 $22 95 $31 34 $39 67 $48 05 $56 44 $64 88 $73 26 $81 59 $89 98 Service five times per week Average number of containers 1 Z 3 4 5 6 7 8 9 10 TOTAL MONTHLY CHARGE $18 17 $28 65 $39 13 $49 61 $60 09 $70 57 $81 06 $91 54 $102 02 $112 50 Service six times per week Average number of containers 1 2 3 4 5 6 7 8 9 10 TOTAL MONTHLY CHARGE $21 77 $34 35 $46 92 $59 50 $72 03 $84 60 $97 18 $109 76 $122 28 $134 38 -4- "Where more than ten (10} containers are used by any one customer, the total monthly charge shall include the minimum monthly charge plus a charge per container (in excess of one) computed on the basis of forty-five cents ($.45) per container per stop. The computation shall be made on an annual charge divided by twelve and rounded to the nearest five cents 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: a) An hourly rate of thirty dollars ($30.00) for the actual time consumed in loading the truck, calcu- lated from arrival at the property served until departure from the property. b) 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) A rate of thirty dollars ($30.00) per hour for the actual time consumed in loading the material, calculated from arrival at the property served until departure from the property. b) A rate of six dollars ($6.00) per cubic yard for disposal 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)." -5- CITY-FURNISHED CONTAINER SERVICE "Charges for refuse collection from commercial estab- lishments and other buildings used for non-residential purposes which use three (3) cubic yard containers, shall be based on the following table: MONTHLY RATE SCHEDULE FOR 3 CUBIC YARD CONTAINERS FURNISHED AND SERVICED BY THE CITY 3 cubic yard containers ticked up two times per week 1 $ 89.74 2 179.49 3 269.23 4 358.97 3 cubic yard containers oicked uo three times .per week 1 $ 134.64 2 269.23 3 403.87 4 538.46 3 cubic yard containers oicked uo four times per .week 1 $ 179.49 2 358.97 3 538.46 4 T17.95 3 cubic yard containers oicked uo five times per week 1 $ 224.39 2 448.72 3 673.10 4 896.90 3 cubic yard containers oicked uo six times oer week 1 $ 269.23 2 538.46 3 807.69 4 1076.92 " -6- 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. 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 voidness, 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, 4 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 -7- .~ (1986), as amended, and of any other ordinance affecting garbage, which have accrued at the time of the effective date of this ordinance; and as to such accrued violations and all pending litigation, 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 disposition 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 conviction, 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 separate offense .and punishable as such. SECTION 7. That City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption 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, 1989, whichever date is later. Provided, however, that the increased rates specified herein -8- n shall be reflected on the customer utility statements sent by the City of Fort Worth after November 1, 1989, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: GGGCG~ City Attorney Date: 9 / ADOPTED: EFFECTIVE• -9- s; ~ NAS f£A cILE• 1 T City of Fort Worth ~"e~as ACCOUNTlNG•R ~ tRAN3P0RTAT10N~tUB~~ ~i1~ ~~ ~~ -// ~®~~^~ // ~®~~ ILiIV~,/:/ II/~{.W t ((i®~ MTER AOM11f15TRATtON i ~ i~1.YW (~/ ((i((~ "i~// 'IV MANAtl t1w.~ c,Ttr s DATE REFERENCE SUBJECT PAGE eM-nr sERVtCeS.r NUMBER GARBAGE COLLECTION FEES 2 9/19/89 G-821.3 ' °f E4. ''CESR'ECOMMENDATI ON It is recommended that the City Council adopt the attached ordinance amending the garbage collection rate schedule as follows effective October 1, 1989. Service Current Rate Proposed Rate Residential: Curbside $ 6.35 $ 6.85 Elective Carryout $25.00 $25.00 Commercial (Minimum): Nandloaded Containers $ 7.90 $ 8.49 3-yard Containers $83.25 $89.74 BACKGROUND: 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 setting up solid waste as an enterprise fund, the cost of garbage collection was determined to be $6.54 per month per household. Funding for garbage collection was received from the $4.50 per month charge for collection and a $2.04 subsidy f rom 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 DISCUSSION: Although there hawe.~;bee.n.,,incremental increases in the cost of solid waste collection and„disposal operations since the last rate increase in 1986, the Solid Waste Fund has been able to absorb those increases by using available fund balances. This year, however, because of mandated improvements and expansion of the''1 a~n~df'i lfl , recent storm-related c1 eanup costs, the state imposed 50-cent per ton surcharge for disposal and other increased costs, it is necessary to increase~~solid waste collection fees 7.8%. The increase will result in a 50-cent~aper'=month~ increase in curbside residential collection fees. The new"total°cfia-rge for curbside residential garbage collection including the state'*salesrytXa'x, of 7.5% will be $7.36 per month. It is projected that the 7.8% increase in solid waste collection fees will result in approximately $750,000 additional annual revenues. Even with the increase, however, it is projected that Solid Waste Non-Restricted Fund Balance will .be approximately $257,000, which is the lowest it has been since {mob }{ / > }•} p q'' S,. + 't ~ ~.#Y°.•«a .itiae 'f +~'~y tai: ~1,r,? !#'a$~ i~+N+..~VF'ia I.n, ~. ~ DATE REFERENCE NUMBER SUBJECT PAGE 9/19/89 G-8213 GARBAGE COLLECTION FEES 2 or 2 a „ r ;•+ the fund was established. In the past, Non-Restricted Fund Balance was , maintained at a level of two months of operating expenditures for the Solid Waste Management Division, approximately $1,800,000. The idea was that sufficient funds would then be available to handle any emergencies that might occur. Barring any unforeseen events, it is believed that with the proposed fee increase, fund balance can be restored to a higher level that will preclude the need for any more frequent fee adjustments than have been required in the past. The proposed fee increas e has been reviewed by the City Council Rates Committee and the City Cou ncil as a whole during recent 1989/90 budget hearings. RG:j APPROVED BY " CITY COUNCIL SEP I9 1989 9~~~. Cite Secretatt of the City of Fors Worth. Ttuc~ SUBMITTED FOR THE CITY MANAGER'S Ramon Gua~ardo DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ~ APPROVED ORIGINATING DEPARTMENT HEAD• TOm DdV~ $ Q OTHER (DESCRIBE) ~ CITY SECRETARY FOR ADDITIONAL INFQtt1u)A~19N 6308 UUdd VV $$ ~~anG@ 0. d ~ CONTACT g DATE ~;., ;. ~;:*.r s t +R