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HomeMy WebLinkAboutOrdinance 9685~. ORDINANCE NO. _~~ AN ORDINANCE AMENDING CHAPTER 16, "GARBAGE", OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, WHICH CHAP- TER REGULATES SOLID WASTE COLLECTION, FEES AND DISPOSAL, BY AMENDING SECTION 16-10 BY INCREASING THE PRESCRIBED UNIFORM FEES FOR RESIDENTIAL REFUSE COLLECTION, BY AMEND- ING SECTION 16-1'1 BY INCREASING THE PRESCRIBED UNIFORM a FEES FOR COMMERCIAL REFUSE COLLECTION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULAT IVE OF PRIOR ORDINANCES AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PRESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS 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 16-10 of Chapter 16 of the Code of the City of Fort Worth (1964), as amended, be sand the same is hereby amended to read as follows: "Sec. 16-10. Charges for refuse removal service - compulsory for single family residences and duplexes; optional for group housing. 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: ,. s Type Curb/Alley Line Service Single-family residences $6.35 per mo. Duplex apartments (per $6.35 per mo. dwelling unit) (per dwelling unit) Garage apartment unit $6.35 per mo. Trailer/mobile home $6.35 per mo. dwelling unit Residential building $6.35 per mo. or complexes, etc. (per dwelling unit) Collector Carryout $25.00 per mo. $25.00 per mo. (per dwelling unit) $25.00 per mo. $25.00 per mo. $25.00 per mo. (per dwelling unit) The use of City garbage and refuse collection and brush removal shall be optional for residential buildings or complexes which include three (3) or more dwelling units. SECTION 2 . That Section 16-11 of Chapter 16 of the Code of the City of Fort Worth (1964), as amended, be and the same is hereby amended to read as follows: "Sec. 16-11. Same-Business and Commercial Buildings and Premises. "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 contain- ers used as set forth in the schedule below: -2- ~4 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 $ 7.90 $11.75 $15..70 $19.60 $23.50 $27.40 $31.25 $35.20 $39.10 $43.00 Service three times per week Average number of containers 1 2 3 4 5; 6 7 8 9 10 TOTAL MONTHLY CHARGE $10.15 $16.00 $21.85 $27.70 $33.50 $39.40 $45.25 $51.10 $56.95 $62.75 Service four times per week Average number of containers 1 2 3 4 5 6 7 8 9 10 TOTAL MONTHLY CHARGE $13.50 $21.35 $29.15 $36.90 $44.70 $52.50 $60.35 $68.15 $75.90 $83.70 Service five times per week Average number of containers 1 2 3 4 5 6 7 8 9 10 TOTAL MONTHLY CHARGE $16.90 $26.65 $36.40 $46.15 $55.90 $65.65 $75.40 $85.15 $94.90 $104.65 Service six times a week Average number of containers 1 2 3 4 5 6 7 8 9 10 TOTAL MONTHLY CHARGE $20.25 $31.95 $43.65 $55.35 $67.00 $78.70 $90.40 $102.10 $113.75 $125.00 -3- "Where more than ten (10) containers are used by any one customer, the total monthly charge shall include the minimum monthly charge plus a charge per container (in excess of one) computed on the basis of forty-five cents ° ($.45) per container per stop. The computation shall be made on an annual ncharge 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: "a) An hourly rate of thirty dollars {$30.00) for the actual time consumed in loading the truck, calculated from arrival at the property served until departure from the property. "b) A rate of sixteen dollars ($16.00) per ton for dis- posal 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, calcu- lated 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)." -4- _r y {~ 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 picked up two times per week 1 $ 83.25 2 166.50 3 249.75 4 333.00 3 cubic yard containers picked up three times per week 1 $124.90 2 249.75 3 374.65 4 499.50 3 cubic yard containers picked up four times per week 1 $166.50 2 333.00 3 499.50 4 666.00 3 cubic yard containers picked up five times per week 1 $208.15 2 416.25 3 624.40 4 832.00 3 cubic yard containers picked up six times per week 1 $249.75 2 499.50 3 749.25 4 999.00 -5- SECTION 3 . That this ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth (1964), 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. SECT ION 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 judgment 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 ordi- nance, 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 16 of the Code of the City of Fort Worth (1964), as -6- .. 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 convic- tion, shall be subject to a fine not to exceed T wo Hundred Dollars ($200.00), and each violation hereof, and each day on which there is a failure to comply with the terms of this ordinance shall be and is hereby declared to be a distinct and separate offense and punishable as such. SECTION 7 . The 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. SECT ION 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, provided, however, that the increased rates specified herein -7- ,.~' ~ ~. shall become effective with the customer utility statements sent by the City of Fort Worth after September 1, 1986, and it is so or- dained. APPROVED AS TO FORM AND LEGALITY: t City orney Date. ~~ ~`f~~ ADOPTED _ oZ~j /G/~ EFFECTIVE ~ ____ . stg -8- ~ f ~` ~~ty ~~' J~®rt ®rth, ~~~a~ DATE REFERENCE SUBJECT PAGE NUMBER REFUSE COLLECTION FEE 7-22-86 G-6747 ~ ' °f 3 RECOMMENDATION: It is recommended that City Council adopt an ordinance amending the refuse collection fee schedule as follows• Service Residential: Curbside Elective Carryout Current Rate $ 6.10/month 15 00/month Proposed Rate $ 6.35/month 25.00/month Commercial: Hand Loaded Container and, it is further recommended, that City Council approve September 1, 1986 as 'the effective date of the amended ordinance BACKGROUND- On October 1 , 1982, the Soli d Waste Division was placed on an Enterprise Fund accounting system The purpose for this action was to have solid waste management functions funded by service fees as opposed to funds from the General Fund The fiscal year prior to creating the Solid Waste Enterprise Fund, the General Fund supplemented the service fee by providing 45~ of the funds for the solid waste functions During this particular fiscal year, the total cost for solid waste services was $6.54 per month per household The fee was $4 50 with a General Fund subsidy of $2.04. At its inception, the Solid Waste Enterprise Fund established a fee of $5.50 with no General Fund subsidy. The Fund has experienced one fee increase as indicated below Date Fee Ordinance Number 10/1/82 5.50 8650 10/1/84 6.10 9189 The ordinance provided a one time payment to the Fund of $574,000. For FY86, the Fund re- turned $500,000. minimum $ 6.30/month minimum 66 60/month minimum $ 7.90/month minimum 83 25/month CURRENT PROPOSAL: Staff has met several times over recent weeks with the City Council Solid Waste Committee which concurs with the proposed new fees The Finance Department and the Office Of Management Services were also consulted. The following chart describes the proposed fee structure for FY86-87 and the additional revenue to be generated by the new fees Service Residential: Curbside Elective Carryout No. of Account Increase 120,671 $ 25 1 ,774 10 00 Additional Revenue $362,013 212,880 DATE REFERENCE I SUBJECT NUMBER 1 7-22-86 G-6747 REFUSE COLLECTION FEE Commercial: 3,000 25% 233,850 Handloaded 2,665 Containers 335 Total revenue from fee increase: 808,743 Service Current Fee Residential: Curbside $ 6.10 Elective Carryout 15 00 Commercial: (Minimums) Handloaded $ 6 30 Containers 66.60 Proposed Fee $635 25.00 $ 7 90 83 25 PAGE 2 or 3 The current fees projected through FY86-87 will generate $12,036,322 The projected expenditures for the same time period will be $13,210,819 creating a shortfall of $1,174,497. The proposed fee increases will generate $808,743 in new revenue. The revenue shortfall of $365,754 will be covered by use of unrestricted reserves from the Solid Waste Enterprise Fund. More detail will be provided during the upcoming budget hearings describing the expenditures of the Fund. FUTURE CONSIDERATIONS: During the life of the Solid Waste Enterprise Fund, fees have been informally maintained for two years at the approved rate However, approval of the fees as proposed will probably require altering this policy. As the following chart indicates, the Unrestricted Fund will be in a precarious position at the end of FY87-88 PROJECTED SOLID WASTE FUND BALANCE BASED ON: $ 25 residential increase $10.00 carryout increase 25~ commercial increase Restricted Unrestricted Total Fund Year Egmt. Reserves Funds Balance 1986/87 2,768,564~eg. balance) 2,155,604 (Beg. balance) 4,924,168 -936,487 (Eq. purchases) ' 629,477 (Dep. contrib.) -640,918 (Oper. deficit) TOTAL 2,461,554 1,587,088 4,048,642 1987188 2,461,554 1,587,088 4,048,642 -75,466 629,477 -1,260,885 TOTAL 3,015,565 326,203 3,341,768 1988/89 3,015,565 326,203 3,341,768 -310,961 629,477 -2,051,681 TOTAL 3,334,081 -1,725,478 1,608,603 1989/90 3,334,081 -1,725,478 1,608,603 -1,227,840 629,477 -3,006,466 -1,996,226 TOTAL 2,735,718 -4,731,944 ~.~ DATE REFERENCE SUBJECT PAGE NUMBER REFUSE COLLECTION FEE 3 °> 7-22-86 G-6747 Without a fee increase for FY87-88, the Unrestricted Reserve balance will reach $326,203. The Solid Waste Management Division averages approximately $900,000 per month in operational expenditures With an Unrestricted Reserve balance of about one-third normal monthly costs, any emergency or unforeseen situation would create a negative situation for the Unrestricted Reserve balance Therefore, staff recommends, and the City Council Solid Waste Committee concurs, that the fee structure be reviewed again at the end of FY86-87 to propose fee adjustments for FY87-88 which will result in the Unrestricted Reserves achieving a safe balance. It is recommended that an Unrestricted Reserve balance of about two months of operation expenses be maintained for the Solid Waste Management Enterprise Fund. APPROVED BY CITY C®UNCIL ~u~ ~~ ~ SUBMITTED FOR THE ~ " ,f/ C.. CITY MANAGER'S OFFICE 8Y ORIGINATING DEPARTMENT HEAD: my Ford FOR ADDITIONAL INFORMATION CONTACT U. Ford DISPOSITION BY COUNCIL. ^ APPROVED ^ OTHER (DESCRIBE) Ordinance No~ City Secretoxy of the City of Pore Worth, Toxcte PROCESSED BY CITY SECRETARY DATE