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HomeMy WebLinkAboutOrdinance 9938Y' "s ~~ ~. - ORDINANCE N0. AN ORDINANCE AMENDING SECTION 14-27 OF CHAPTER 14, "GAR- BAGE", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, TO PROVIDE FOR REFUND OF DEPOSITS TO RESIDENTIAL CUSTOMERS UNDER CERTAIN CONDITIONS; REPEALING CONFLICTING ORDINANCES; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES; PROVIDING A SEVERABILITY 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 14-27 of Chapter 14, "Garbage", of the Code of the City of Fort Worth ( 1 986) , as amended, is hereby amended to read as follows: "Sec. 14-27. Deposit required. "All commercial customers shall be required to make a minimum deposit of Twenty-five Dollars ($25.00) in advance of implementation of service. All residential customers shall be required to make a minimum deposit of Ten Dollars ($10.00) in advance of implementation of service. Greater deposits may be required which will, in the reasonable judgment of the Director of City Services, be sufficient to insure the City against loss due to nonpayment of final bill. Residential customers who display twelve (12) con- secutive months of perfect payment history may have their deposits refunded as credits to their sanitation collec- tion accounts." SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas ( 1 964) , as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. ..... F / ~ ;; . s /i~, b > _ 'v 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 unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, 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 caption and Section 1 in the minutes of the City Council and by filing the ordi- nance in the ordinance records of the City. SECTION 5. This ordinance shall take effect and be in full force and effect from and after October 1, 1987. APPROVED AS TO FORM AND LEGALITY: ~~~~ (,,}~..~° C i ty At t o r n Date: ADOPTE EFFECTIVE• s -2- MA~~~',4(;.,~ pity of ~o1!°t X61®~°th, ~ea~a~ A~~~~~r{~©~~ .flay®~° a~~ ~®~~~~~ c~®~,~,~~~~~~~®~ ~aneat~rrrAr~a*y~rua~,ac sv~rt~;,•c~ 6i'~'x rF.R ' 'P~ ~:r~~~~ ~' REFERENCE SUBJECY PAGE NUMBER SANITATION DEPOSIT FEES iot 2 - G-7208 Recommendation It is recommended that City Council: 1) Approve the proposed Ordinance change on how sanitation collection deposits are handled. 2) Authorize the City Manager to begin implementing the change beginning with the first water bills in October of 1987. Background On October 4, 1983 (M&C G-5777), the City Council approved the policy of collecting the deposits from residential customers for refuse collection. The purpose of the policy was to offset potential future losses for customers who move without paying their garbage bill. This practice is customary for all water, gas and electric companies. The Fort Worth Water Department has a similar policy. The policy on sanitation collection fees became effective October 1, 1983. n1Cf IICC 7l1n The Water Department has proposed changing its deposit polices for residential customers to be in line with other utilities such as the Lone Star Gas Company and Texas Electric. The new policy will be to refund deposits for residential customers who have displayed twelve (12) months of good payment history. Deposits will be refunded as credits on the customer's water bill. Since the Water Department is the billing agency for sanitation collection fees, it is appropriate that the Solid Waste Fund adopt the same policy. In order to implement this change, it will be necessary to revise "SECTION 14-27-DEPOSITS REQUIRED" of the Garbage ordinance that now reads• "All commercial customers shall be required to make a minimum deposit, in advance, of twenty-five dollars ($25.00). All residential customers shall be required to make a minimum deposit of ten dollars ($10.00), in advance, or an amount of money which will, in the reasonable judgment of the Director of City Services, be sufficient to insure the City against less due to non-pay-nent of final bill". The revised SECTION 14-27 will read• "All commercial customers shall be required to make a minimum deposit of twenty-five dollars ($25.00) in advance of implementation of service. All residential customers shall be required to make a minimum deposit of ten dollars ($10.00) in advance of implementation of service. Greater deposits may be required which will, in the reasonable judgment of the ...~ .~, DATE REFERENCE NUMBER SUBJECT .~ M PAGE SANITATION DEPOSIT FEES 2 2 8-25-87 G-7208 Director of City Services, be a, sufficient to insure the City against loss due to non-payment of final bill. Residential customers who display twelve (12) consecutive months of perfect payment history may have their deposits refunded as credits to their sanitation collection accounts." Financing No Solid Waste Funds will be required to implement this policy change. In a preliminary review of accounts in June 1987, there were 60,431 customers eligible for refunds under the new proposed policy. The total value of these garbage deposits was $117,938. If t hese deposits are refunded, there will be a loss of interest revenue to the Soli d Waste Fund. RG:wg APPROVED BY CdTY CpUI~Cii~ ' ~ ~ City Secretary ®f tht~ City of Fort Vi~ortxa, Texa.:?; SUBMITTED FOR THE CITY MANAGER'S ISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT wJ n E.