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HomeMy WebLinkAboutOrdinance 5858 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 16 OF THE FORT WORTH CITY CODE (1964) t WHICH CHAPTER REGULATES THE COLLECTION OF GARBAGE AND THE PAYMENT OF FEES THEREFOR; MAKING COMPULSORY THE USE OF CITY GARBAGE COLLECTION SERVICE FOR SINGLE- FAMILY RESIDENCES, DUPLEX APARTMENT BUILDINGS, GARAGE APARTMENTS AND TRAILERS OCCUPIED AS DWELLING UNITS; PROVIDING FOR THE SUSPENSION OF WATER, SEWER AND GARBAGE SERVICE TO ANY PERSON FAILING OR REFUSING TO PAY SUCH FEES ; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES ; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; 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 Fort Worth City Code (1964) is hereby amended and, after having been so amended, same shall hereafter read as follows: "Sec. 16-10 . Charges for refuse removal service-- Compulsory for single-family residences and duplexes; optional for group housing . "Use of City garbage collection and trash removal service and payment of the fc-es set out below for such service shall be mandatory for single-family residences, each unit of duplex apartment buildings, garage apartments and trailers occupied as dwelling units . The use of such service and payment of such fees shall be optional for residential buildings or com- plexes which include three or more dwelling units . The monthly fees for garbage collection and trash removal service shall be as follows: Type Per month Single-family residence (compulsory) . . . . . . . . . . $2.00 Duplex apartment building (compulsory) . . . . . . . . . 3 .50 Garage apartment unit (compulsory) . . . . . . . . . . . 1 .75 Trailer-dwelling unit (compulsory) . . . . . . . . . . . 1.75 Residential butildings or complexes which include three or more dwelling units . . . . . . . . . . . 1.75" SECTION 2. That Section 16412 of Chapter 16 of the Fort Worth City Code (1964) is hereby amended, and, after having been so amended same shall hereafter read as follows: "Sec . 16-12 . Collection of charges . "The fees for the service regulated by this chapter shall be included on the monthly water bills, and any person who shall fail or refuse to pay such fees within ten days from the date same become due and payable shall be subject to having all of such service suspended . The owner, occupant, tenant or lessee using or occupying any unit of or any building, house or structure shall be responsible for the payment of the garbage collection and trash removal fees in- curred therefor . Whenever any garbage collection or trash removal service, sewer service or water service is suspended for non-payment of charges, the Public Health Director shall be notified immediately for appropriate action ." SECTION 3 . That this ordinance shall repeal every prior ordinance and provision of the Fort Worth City Code in conflict herewith but only insofar as the portion of such prior ordinance or provision shall be incconflict, and as to all other ordinances or provisions of the Fort Worth City Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION 4 That if any section, part of a section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. The City Council would not have passed any sections, parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. SECTION 5 . That the violation of any provision of this ordinance or of the Fort Worth City Code relating to the disposal of garbage and the payment of fees therefor shall be deemed an offense and pun- ishable by a fine not exceeding Two Hundred Dollars ($200) , and each violation thereof and each day there is a failure to comply with the terms of this ordinance shall be and is hereby deemed to be a distinct and separate offense and punishable as such. SECTION 6 . That this ordinance shall be in full force and effect from and after its passage and publication as required by case law. APPROVED AS TO FORM AND LEGALITY: City Attorney Adopted by the City Council. &Azgz Za L Effective 7 City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: Compulsory Refuse Collection PAGE NUMBER Service 9/25/67 G-1143 1 or As requested by the City Council, an ordinance has been prepared providing compulsory refuse collection and disposal fees for residential single family, garage apartment, trailer and duplex dwellings. The attached draft ordinance amends Ordinance No. 5163 and the City Code, Section 16-10 and 12, and includes the following changes from the existing ordinance. 1. The use of City refuse collection service and payment of fees therefor is made mandatory for single family residences, each unit of duplex apartment buildings, garage apartments, and trailers occupied as dwelling units. The use of such service and payment of such fees is optional for residential buildings or complexes which include three or more dwelling units. The provision in Section 16-10 regarding frequency of garbage and trash removal service is deleted because the level of service to be provided is actually determined by the budget appropria- tion to the Sanitation Division of the Public Works Department, rather than the ordinance. 2. Provision is made for discontinuance of water, sewer, and refuse collection services for failure or refusal to pay the total amount of the fees for such services, which are included on one monthly statement. Compulsory refuse collection and disposal service as described above will begin October 2, 1967, and charges therefor will be included on bills rendered after November 1, 1967. A letter of notification to those affected by this change will be distributed prior to October 1. Recommendation It is recommended that the attached ordinance be adopted, effective October 1, 1967. HDM:ms Attach. SUBMITTED BY: DISPOSITION BY q9UH111L ED BY A ED ❑ OTHER (DESCRIBE) CITY dECiFXTARY DATE CITY MANAGER