HomeMy WebLinkAboutContract 50071 �O CITYSECRETARY
CONTRACT NO.
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O��o �GQ�PQy Private Communities Solid Waste and
G S Recycling Contract
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTIES OF TARRANT, DENTON §
AND WISE §
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a
home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas,
hereinafter called "Fort Worth," acting herein by and through Fernando Costa, its duly
authorized Assistant City Manager, and, duly authorized Christ's Haven For Children Inc.
to do business in the State of Texas, hereinafter called "User," acting herein by and
through Dwight Robarts its duly authorized Executive Director.
WITNESSETH
WHEREAS, § 363.111(a) of the Health and Safety Code allows for the adoption of rules
by a municipality for the regulation of the "collection, handling, transportation, storage,
processing, and disposal" of solid waste;
WHEREAS, § 12.5-821 of the City Code requires the owners or occupants of single-family
residences,duplex residences,garage apartments,and mobile homes or trailers occupied
as dwelling units, to use city household collection services.
WHEREAS, Chapter 12.5, Article VIII "Solid Waste and Recycling" describes the rules
and regulations for the "collection, handling, transportation, storage, processing, and
disposal" of solid waste;
WHEREAS, on July 17, 2007, the City Council adopted ordinance No. 17655-07-2007
amending Chapter 12.5, Article VIII "Solid Waste and Recycling"to provide for rules and
regulations for the provisions of such solid waste collection services to Private
Communities (as defined therein); and
WHEREAS, §12.5-821 and 12.5-840 of the City Code require a Private Community to
enter into an agreement with the City for the collection, handling, transportation, storage,
processing, and disposal of solid waste in such Private Community if the Private
Community desires such service.
NOW THEREFORE, it is agreed as follows:
FO"ICIALECONETARY
FT. WORTH, -"x
t
Christ's Haven for Children Inc.
DEFINITIONS
The following terms and phrases, as used in this Agreement, shall have the meanings
hereinafter designated. Unless a provision in this Agreement explicitly states otherwise,
other terms used in this Agreement shall have the same meaning as defined in Chapter
12.5, Article VIII of the City Code.
Bulky waste shall mean furniture, treated wood, up to ten (10) cubic yards of
construction materials generated by a service unit (and not by a commercial service
provider)as a result of a household project, mattresses and box springs, carpet, swing
sets, plastic swimming pools, small and large toys, bicycles, fish aquariums, toilets,
household appliances, and other similar items, white goods(CFC-free), large branches
(being branches in excess of four(4)inches in diameter but less than eight(8)feet in
length), tree trunks and root balls; provided such items do not contain hazardous waste
or any waste which is not acceptable at the designated landfill.
Collection Services shall mean Residential Garbage and Recycling Collection Services
in accordance with Article VIII of this Chapter 12.5.
Contractor shall mean [fill in the blank with Contractors name].
Private Community shall mean a community whose physical assets (real property and
streets) are owned and maintained by a homeowners association (HOA), property
interiors are owned by private residents (condominium), and the HOA, by contract, has
legal contracting and enforcement power within said community.
User shall mean Christ's Haven For Children Inc.
2.
PURPOSE
The purpose of this Agreement is for the provision of Collection Services by the City to the
User consistent with Chapter 12.5, Article Vlll of the City Code, attached as Exhibit "A"
and incorporated herein, subject to the terms and conditions specified by this Agreement.
3.
TERM
The term of this Agreement shall be for a period of five (5)years. The City may extend
this Agreement at the end of each five year term of the Agreement by providing written
notice, unless notice of termination is provided by one party to the other at least thirty
(30)days prior to the date of renewal.
4.
SERVICES OF FORT WORTH
City agrees to perform the following Collection Services for User for the property located
at Christ's Haven For Children Inc.; known as "Christ's Haven For Children Inc.":
Christ's Haven for Children Inc.
A. City of Fort Worth shall provide the following Collection Services for the
User:
1. once per week collection of garbage contained in City owned and
provided garbage storage carts as determined by the City; and
2. once per week collection of recycling contained in City owned and
provided recyclable storage carts as determined by the City .
B. The City shall not provide Bulk waste or Yard waste (including kraft bags)
Collection Services to the Private Community. The City shall not offer
Elective Carry Out Service to the residents of this Community. Disabled
Carry-out Service shall be considered on a case by case basis and
provided in the sole discretion of the Director as is requested.
C. The City shall provide to the User educational material on the subject of
proper set-out procedures for distribution to its residents.
D. The City will administer such Collection Services consistent with the
provisions of Chapter 12.5, Article VIII, "Solid Waste and Recycling".
5.
DUTIES OF USER
User agrees to perform the following duties in connection with the provision of Collection
Services:
A. Coordinate the distribution of carts to its residents, tracking the proper
usage of the garbage and recycling storage carts, and provide for dispute
management and enforcement of the set-out of these garbage and
recycling storage carts pursuant to the City Code.
B. User shall ensure that the residents of the Private Community:
1. properly place assigned garbage and recycling carts as described
in attachment"B", and
2. ensure that no personal, private, or service vehicles nor any type
obstructions such as construction deliveries are parked or located
on the interior roads of the development that would hamper
Collection Services on the assigned service day.
C. User shall provide the City and its contractor appropriate access as
reasonably requested by the City to include but not limited to providing the
City with keys and codes to entrances for the purpose of servicing the
property.
6.
RIGHT TO REFUSE WASTE
Christ's Haven for Children Inc.
City shall have the right to refuse to accept waste from User's resident(s) if in the
reasonable judgment of Fort Worth:
A. The waste is hazardous waste, medical waste and/or special waste;
B. The waste fails to meet other established criteria established by this
Agreement, or that have been established by the City by its City Code.
C. The garbage carts are not properly set for collection on the designated
collection day.
7.
COST OF SERVICE
As fair compensation for the Collection Services provided by City pursuant to this
Agreement:
A. User agrees that the City shall bill each residential unit the current rate of
service as described in Section 12.512.5-841.1 Residential collection fees.
B. The amount due to the City for Collection Services provided under this
Agreement shall be billed to the User.
C. User shall be required to make a deposit of fifteen dollars ($15.00) per
household, whether occupied or not, in the Private Community prior to the
start of service.
8.
LIABILITIES AND DAMAGES
User shall be responsible for maintenance of private street and drives, emergency access
easements, recreation areas, open spaces, and drainage facilities and User shall
indemnify and save harmless the City from all claims, damages, and losses arising out of
or resulting from performance of the obligations of said Collection Services set forth in this
Agreement.
9.
FORCE MAJEURE
A delay or failure of City to perform services pursuant to this Agreement shall be excused
to the extent that the delay or failure to perform resulted from a force majeure event, and
the delay or failure was beyond the control of City and not due to its fault or negligence.
User shall not have, and hereby waives, any claim whatever for any damages resulting
from delays or failure to perform caused by a force majeure event.
10.
TERMINATION
Christ's Haven for Children Inc.
The parties shall each have the right to terminate the Agreement for any reason, with or
without cause, upon thirty (30) days written notice to the other party. Residents shall be
billed for all services rendered by City up to the date of termination. User shall notify
residents of the date of termination of the City's Collection Services.
11..
NOTICE
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Robert Smouse
Assistant Director
City of Fort Worth
Code Compliance
Solid Waste Services Division
4100 Columbus Trail
Fort Worth, Texas 76133
If to User:
Dwight Robarts
Executive Director
Christ's Haven for Children
4200 Keller-Haslet Road
Keller, TX 76244
12.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties hereto, and no
other oral or written commitments shall have any force or effect if not contained herein,
except that this Agreement can be amended or modified by the parties if such amendment
or modification is in writing and signed by User and City.
13.
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provisions had never been
contained herein.
14.
VENUE
Christ's Haven for Children Inc.
Should any action, real or asserted, at law or in equity, arise out of the terms and
conditions of this Agreement, venue for said action shall be in Tarrant County, Texas.
15.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the
parties hereto, and each party hereby certifies to the other that any necessary resolutions
extending such authority have been duly passed and are now in full force and effect.
EXECUTED IN TRIPLICATE on thisatf�lay of ,-20L
CITY OF FORT WORTH
By:
Fernando Costa Prin ed name: 0 A2iT
Assistant CityMgnager Title: Y6
Date: 12/19117 Date: /
APPROVED AS TO FORM
AND LEGALITY:
V - 4�, A
ssista t City Attorn
ATTEST: ORT WITNESS:
o�F *o
M ry Ka r U' '= Name
City Secreta
Date
M&C: a
1295:
Christ's Haven for Children Inc.
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
()d (6e-�
ame of Employee
Contract Services Administrator
Title
O"ICIAL RRICORD
CITY SOOR111FARY
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Fort Worth, TX Code of Ordinances
ARTICLE VIII: SOLID WASTE AND RECYCLING
DIVISION 1: GENERAL PROVISIONS
§ 12.5-800 DEFINITIONS.
Unless a provision explicitly states otherwise,the following terms and phrases,as used in this article,
shall have the meanings hereinafter designated.
COLLECTOR. An employee of the city or of a city contractor who engages in the collection of solid
waste for city customers.
DIRECTOR. The city's director of environmental management and the director's authorized
representatives.
PRIVATE COMMUNITY. Private condominium and/or town home developments where the real
property and all infrastructure are owned and maintained by a property owners association representing
the residents and home owners of that private development. (Ord. 12274, § 1,passed 11-28-1995; Ord.
14699, § 1,passed 7-17-2001; Ord. 17655, § 1,passed 7-17-2007)
§ 12.5-801 ADMINISTRATION AND ENFORCEMENT.
The director of the department of environmental management and the director of the department of
code compliance and the directors'authorized representatives are authorized to administer, implement
and enforce the provisions of this chapter.
(Ord. 12274, § 1,passed 11-28-1995; Ord. 14699, § 1,passed 7-17-2001; Ord. 16189, § 3,passed 10-
26-2004)
§ 12.5-802 OPERATION OF CONVENIENCE CENTERS.
(a) Convenience centers are operated in accordance with the rules promulgated by the commission,
with a concern for protectingthe environment and safeguarding the public health. Each site is
operated in accordance with a site operating plan that reflects operational standards of the
commission and provides guidance to site management in the safe handling, transportation,
recycling and disposal of municipal solid waste.
(b) The director is authorized to:
(1) Determine recycling and disposal procedures, authorized users and methods of
operation at convenience centers; (2) Regulate traffic at convenience centers; and
(3) Inspect all incoming wastes at convenience centers and reject materials that would in his or
her judgment, be prohibited from disposal at the site, interfere with facility operation, create a
nuisance by reasons of emission or disagreeable odor, or adversely affect the health, safety and
welfare of facility operating personnel or the general public.
(Ord. 12274, § 1,passed 11-28-1995; Ord. 15463, § 3,passed 2-25-2003)
§ 12.5-803 SPECIAL WASTE NOT ACCEPTED.
(a) Special waste shall not be placed out for collection by the collector, nor disposed of at any
convenience center, except asprovided by subsection(b)below.
(b) Tires, dead animals and pesticide containers may be accepted as follows.
(1) Fort Worth residents may bring a used or scrap tire that is an incidental part of a load of
household garbage and rubbish to aconvenience center.Truckloads of tires shall not be accepted.The
director shall have the right to refuse to accept any tire or load of tires.
(2) A dead animal weighing less than five pounds may be placed for city household collection
service if it is first wrappedsecurely in newspaper, which is then taped or tied to prevent it from
opening;placed in a disposal trash bag; labeled as to its contents; and placed in the garbage cart.The
collector has the right to refuse any dead animal that might pose a health risk to sanitation workers or
the general public.
(3) Pesticide(insecticide,herbicide,fungicide or rodenticide)containers shall be triple rinsed and
rendered unusable before beingplaced for city household collection services, unless the type of
container makes such preparation not feasible. The collector has the right to refuse any pesticide
container that might pose a health risk to the collector or to the general public.
(c) The director may establish other restrictions on the disposal of solid waste at convenience centers.
If such other restrictions areestablished, the director shall post and maintain signs stating such
restrictions. The signs shall be posted at all affected facilities and shall be clearly visible to a
reasonable person.
(d) A person commits an offense if, in violation of this section,the person:
(1) Places special waste for collection by the city's collector;
(2) Allows special waste placed for collection on property under his or her control to remain on such
property; or
(3) Disposes of special waste at a city convenience center.
(Ord. 12274, § 1,passed 11-28-1995; Ord. 15463, §4,passed 2-25-2003; Ord. 16189, § 4,passed 10-
26-2004)
§ 12.5-804 VEHICLES AT CONVENIENCE CENTERS.
(a) Motor vehicles hauling solid waste into convenience centers shall be properly covered or
otherwise secured to prevent suchwaste from spilling, leaking or blowing from the vehicle.
(b) A person commits an offense if the person operates a motor vehicle at a city convenience center
in violation of subsection(a)above.
(Ord. 12274, § 1,passed 11-28-1995; Ord. 15463, § 5,passed 2-25-2003)
§ 12.5-805 ASSUMPTION OF RISK OF INJURY AT CONVENIENCE CENTERS.
Any person entering upon a convenience center for any purpose shall be conclusively presumed to
know and appreciate the hazards and the extent of the damage which accompanies the accumulation
of scrap wood, glass,nails,trash, brush, garbage and waste of every description and the use of trucks
and other vehicles to move or remove same,and every person entering upon a convenience center
shall be conclusively presumed to have assumed the risk of injury connected with or resulting from
such hazards and danger by his or her action in entering upon such site, and for and in consideration
of the permission granted by the city to enter upon such every person shall covenant not to sue, and
to indemnify, save harmless and defend the city, its agents, officers or employees, from and against
any and all claims of any nature whatsoever for injury or damage to person or property, whether real
or asserted, arising out of or resulting from the entry by such person upon any convenience center.
(Ord. 12274, § 1,passed 11-28-1995; Ord. 15463, § 6,passed 2-25-2003)
§ 12.5-806 WASTE CONTAINERS REQUIRED.
(a) Every owner,occupant or tenant occupying or using any structure within the city shall provide
and maintain waste containers ofsufficient number and size to hold the garbage and rubbish that
accumulates on such premises between regular collection days.
(b) Waste containers shall be leakproof,constructed of substantial material,have a tight fitting lid
or cover, and be maintained ingood condition. If stored outdoors,they shall also be weatherproof.
(c) Waste containers shall be kept secure and fastened with lids or covers in place at all times to
prevent access to their contentsby insects, rodents and other animals, to minimize fire hazard, and to
prevent accumulation of water and scattering of litter. When containers deteriorate so as to become
nonleakproof or otherwise hazardous to persons or property,they shall be replaced.
(d) A person commits an offense if a person maintains, or allows on property under his or her
control the maintenance of,wastecontainers in violation of this section.
(Ord. 16189, § 5,passed 10-26-2004)
§§ 12.5-807-12.5-820 RESERVED.
DIVISION 2: HOUSEHOLD COLLECTION
Editor's note:
Ord. 15463, § 7, adopted Feb. 25, 2003, amended Div. 2, in its entirety, to read as herein set out in
§§12.5-821 through 12.5-828. See the Code Comparative Table.
§ 12.5-821 CITY HOUSEHOLD COLLECTION SERVICE.
(a) The owners or occupants of single-family residences, duplex residences, garage apartments
and mobile homes or trailersoccupied as dwelling units,shall be required to use city household
collection services. Occupants of such premises may remove and transport their own solid
waste,but shall receive no credit on their accounts for doing so.
(b) The use of city household collection services shall be optional for:
(1) Multifamily dwelling buildings and complexes containing three or more dwelling units;
(2) Any mobile home park whose drinking water supply is provided by well water or is provided by
the city through a commonmeter; and
(3) Private communities pursuant to subsection (f)below.
(c) Individual customers may choose between curb service and carry-out service for household
garbage and rubbish collection andrecycling collection. The director shall have the authority to
designate the location for collection, with consideration for such factors as:
convenience for the collector; convenience for customers; hazardous conditions such as cables, utility
poles, equipment clearance, animals; and collection costs.
(d) The director shall charge a fee for elective carry-out service in an amount determined by the city
council.
(e) A person requesting disabled carry-out service shall annually submit an application to the director
for approval. Such applicationshall be in a form prescribed by the director. The application shall
be certified by a licensed physician stating that the applicant is disabled and unable to take his or
her garbage and recyclables to the curb for collection. If applicant's disability is blind, the
certification may also be made by a doctor of optometry.
(f) Private communities may request city household collection services from the director.
(1) A private community seeking city household collection services must submit proof that the
infrastructure is or shall bedesigned, constructed and maintained at a level that allows service
performed by the city in a manner substantially the same as the current service provide to single-
family residential service units.
(2) The director shall consider the following factors to determine whether the private community
is eligible for city householdcollection services:
a. Type of access and accessibility of collection trucks to the private community from city streets;
b. Whether the streets and/or alleys within the private community are constructed to city standards;
c. Availability of access by collection trucks to each service unit in the private community; and
d. Safety of the operation of the collection trucks while in the private community.
(3) Provided that the director is satisfied that the factors in subsection (f)(1) and (0(2) above
have been met,the director may enter into a written agreement with the requesting private community
to receive city household collection services pursuant to certain terms and conditions.
(Ord. 15463, § 7,passed 2-25-2003; Ord. 17655, § 2,passed 7-17-2007)
§ 12.5-822 PREPARATION OF HOUSEHOLD GARBAGE AND RUBBISH FOR
COLLECTION.
(a) Except as provided in subsection (b) below, garbage and rubbish shall be placed for city
household collection service only ingarbage carts provided by the city. Within a cart,garbage and
rubbish shall be contained in disposable plastic bags.
(b) Plastic bags containing garbage and rubbish may be placed for collection under the
following circumstances, and only if theplastic bags are designed specifically for use as trash
bags, are leak proof, are of sufficient strength to resist tearing under normal handling and are
securely tied.
(1) A service unit that is utilizing and paying for two 96 gallon garbage carts may place up to
one-half cubic yard of garbage andrubbish, i.e., two 30-gallon plastic bags, that is bagged and
weighing no more than 40 pounds for collection next to the garbage carts, but only after the garbage
carts have been filled.
(2) Each service unit may purchase pay bags from the city and may place such pay bags for
collection next to the garbage carts,not withstanding subsection(b)(1) above.
(3) Each service unit may place up to one-half cubic yard of garbage and rubbish, i.e., two 30-
gallon plastic bags, for collectionoutside the garbage cart on the first scheduled collection day
following Thanksgiving Day,Christmas Day and New Years Day,provided such garbage and rubbish
is in a plastic bag or in a box weighing no more than 40 pounds.
(c) Yard trimmings shall not be placed in garbage or recycling carts or plastic bags.
(d) Injurious materials shall be prepared for collection as follows.
(1) Broken glass, hypodermic needles, sawdust, ashes and other potentially injurious materials that
may cut sanitation workers orblow into their eyes during loading shall be wrapped securely and
labeled as to their contents before being placed in carts for collection, so as to protect sanitation
workers from injury and disease.
(2) Animal excrement shall be placed in a plastic bag and securely tied.
(3) Dead animals weighing less than five pounds shall be wrapped in accordance with § 12.5-
803(b)(2)before being placed incarts for collection.
(4) All ashes shall be allowed to stand until cold to the touch before being placed in carts for
collection.
(5) All refuse that is mixed with liquids and all containers of liquids shall be drained before being
placed in carts for collection.
(6) Containers that held household chemicals shall be triple rinsed and rendered unusable before
being placed in carts forcollection.
(e) A person commits an offense if a person:
(1) Places garbage or rubbish for collection in violation of this section; or
(2) Allows garbage or rubbish placed on property under his or her control to remain on such property
in violation of this section.
(f) Except as provided in subsections (b)(1), (b)(2) and (b)(3) above a service unit which has
placed on its curb for collection,garbage and rubbish in plastic bags that are not city pay bags and
are outside of a garbage or recycling cart, may be subject to a service charge on the service unit's
water bill for the collection of such garbage and rubbish. Nothing within this subsection (f) shall
prevent the city from issuing a citation for any violation within this section.
(Ord. 15463, § 7,passed 2-25-2003; Ord. 16189, § 7,passed 10-26-2004)
§§ 12.5-822.1 RESERVED.
Editor's note:
Ord. 16189, §6, adopted Oct. 26, 2004, repealed§12.5-822.1, which pertained to preparation of
household garbage and rubbish for collection-text of section effective on June 30, 2003. See also the
Code Comparative Table.
§ 12.5-823 PREPARATION OF YARD TRIMMINGS AND SMALL BUNDLED BRUSH FOR
COLLECTION.
(a) Except as provided by subsection (d) below, yard trimmings shall be placed for city household
collection service either in kraftbags supplied by the service unit,or in an optional yard trimmings
cart purchased by the service unit from the city.
(b) Kraft bags to be used for yard trimmings shall be designed specifically for lawn and garden use,
be of a 30 gallon capacity, andcomposed of two-ply,multi-grade wet strength natural kraft paper.
An unlimited amount of kraft bags may be placed for city household collection service.
(c) Only yard trimmings shall be placed in kraft bags or yard trimmings carts for city collection.
Plastic bags shall not be used forthe disposal and/or collection of yard trimmings.
(d) An unlimited amount of small bundled brush may be placed for city household collection service
and each bundle shall besecurely tied with one or more bands of twine or string.
(e) A person commits an offense if a person:
(1) Places yard trimmings or small bundled brush for collection in violation of this section; or
(2) Allows yard trimmings or small bundled brush placed out for collection on property under his or
her control to remain on suchproperty in violation of this section.
(f) A person commits an offense if a person:
(1) Places for collection, a kraft bag or a yard trimmings cart that contains material other than yard
trimmings; or
(2) Allows a kraft bag or a yard trimmings cart that contains material other than yard trimmings and
that is placed for collectionon property under his or her control to remain on such property in
violation of this section.
(Ord. 15463, § 7,passed 2-25-2003; Ord. 16189, § 8,passed 10-26-2004)
§ 12.5-823.5 PREPARATION OF BRUSH FOR COLLECTION.
(a) Brush as defined in § 12.5-103, shall be placed at the curb for city household collection according
to the provisions of thissection.
(b) No more than ten cubic yards of brush per household may be placed out for collection per
scheduled collection day.
(c) Brush must be free from hardware,nails and treated wood.
(d) Brush shall be collected as follows:
(1) Brush piles of up to three cubic yards placed at the curb on the scheduled collection day within
the set-out period described in§ 12.5-825(a)will be collected on that scheduled collection day; and
(2) Brush piles in excess of three cubic yards but no more than ten cubic yards placed at the curb
on the scheduled collection daywithin the set-out period described in § 12.5-825(a) will have three
cubic yards collected on the scheduled collection day and the remainder will be collected within 72
hours of the scheduled collection day.
(e) A person may not set out additional brush on or nearby a brush pile that is left by the city's
collector for collection as stated insubsection(d) above.
(f) Uncontained leaves and yard trimmings shall not be placed out for collection as brush.
(g) Brush must be separated and apart from garbage and recycling carts, kraft bags, yard trimmings
carts,plastic bags includingpay bags, violation bag tags and bulky waste.
(h) A person commits an offense if a person:
(1) Places brush at the curb of a service unit for collection in violation of this section; or
(2) Allows brush placed for collection in violation of this section on property under his or her control
to remain on such property.
(i) A person is subject to a service charge for collection of a brush pile in excess of ten cubic
yards or placed out for collection at atime not allowed for by§ 12.5-825(a). Such fee shall be assessed
on the service unit's water bill pursuant to the fee schedule adopted by the city council.Nothing herein
shall prevent the city from issuing a citation for a violation described in this section.
0) A person is subject to a service charge for collection of a brush pile which contains garbage,
recyclables, kraft bags,yardtrimmings,plastic bags including pay bags, violation bag tags and bulky
waste, commingled with or on top of the brush pile, or if such items are placed so close to the brush
pile that the items cannot reasonably be removed from the brush pile. Such service charge shall be
placed on the service unit's water bill pursuant to the fee schedule adopted by the city council.Nothing
herein shall prevent the city from issuing a citation for a violation described in this section.
(Ord. 16189, § 9,passed 10-26-2004)
§ 12.5-824 PREPARATION OF RECYCLABLES FOR COLLECTION.
(a) In order to help the city achieve its state-mandated recycling goal of 40%, in order to reduce the
amount of material depositedin the city's landfill and thereby extend the life of such landfill, and
in order to reduce the amount of virgin materials being used in manufacturing, the city strongly
encourages its citizens to participate in the city's household recycling program.
(b) Recyclables shall be placed for city household collection service only in recycling carts provided
by the city.
(c) Except as provided by subsection (d) below, the following materials may be placed in recycling
carts for collection:
(1) Paper.
a. Advertising circulars;
b. Carbonless paper;
c. Cardboard: cereal boxes (liners removed), soft drink and beer cartons, dry goods packaging,
corrugated cardboard,papertowel and toilet paper cores. Large boxes must be broken down or cut
to fit in the cart with the lid securely closed; d. Catalogues;
e. Envelopes: with or without windows;
f. Junk mail;
g. Magazines;
h. Newspapers: all sections;
i. Office paper: file folders, letterhead, sticky notes, printer paper, calendars, school papers; j.
Paperback books;
k. Paper bags; and
1. Phone books.
(2) Metals.
a. Aluminum drink cans (not flattened);
b. Aluminum baking tins(cleaned);
c. Steel or tin food cans and lids;
d. Empty aerosol cans (leave spray nozzle on; remove plastic lid unless part of can); and
e. Steel paint cans(empty and dry): remove lid, but recycle also.
(3) Glass and ceramics.
a. Bottles and jars: remove metal and
plastic lids and recycle them; b.
Ceramics;
c. China;
d. Dishes;
e. Mirrors: must fit inside cart with lid closed; and
f. Windowpanes.
(4) Plastics.
a. Bottles, cups and jars with the #1 through #7 recycling
symbols on them;
b. Food trays,tubs and bowls with the#1 through#7 recycling
symbols on them; and c. Plastic eating utensils.
(d) The following materials are prohibited materials and shall not be placed in a recycling cart for
collection:
(1) Aluminum foil;
(2) Auto glass;
(3) Drink boxes and straws;
(4) Gift wrap;
(5) Greeting cards;
(6) Hardcover books;
(7) Light bulbs;
(8) Paper milk and juice cartons;
(9) Plastic containers that held hazardous materials such as motor oil,paint,pesticide or weed killer;
(10) Plastic grocery sacks;
(11) Pizza boxes;
(12) Polystyrene foam including cups, formed packing materials and "peanuts;" (13) Toys;
(14) Waxed paper and waxed food containers;
(15) Garbage;
(16) Yard trimmings; and
(17) All other material not specifically allowed for by subsection(c) above.
(e) The director is authorized to add and delete materials to subsections (c) and (d) above as the
market for recyclables changes.
(f) The director is authorized to amend preparation requirements for recyclables in accordance with
market variables.
(g) A person commits an offense if the person removes or causes the removal of recyclables from a
recycling container placed forcollection.
(h) It is an exception to an enforcement action brought for a violation of subsection(g)above that the
person was a member of thehousehold that placed the recyclables for collection, or a sanitation
worker employed by the collector who is engaged in city household collection service.
(i) A peace officer acting in his or her official capacity is exempt from subsection(g) above.
0) A person commits an offense if a person:
(1) Places prohibited material in a recycling cart for collection in violation of this section; or
(2) Allows prohibited material placed in a recycling cart set out for collection in violation of this
section to remain on propertyunder his or her control.
(k) A person commits an offense if that person removes or causes the removal of recyclables from
a recycling cart that does not belong to that person when that cart is placed for collection.
(Ord. 15463, § 7, passed 2-25-2003; Ord. 16189, § 10,passed 10-26-2004)
§ 12.5-825 PLACEMENT OF GARBAGE,YARD TRIMMINGS, SMALL BUNDLED
BRUSH,BRUSH AND RECYCLABLES FOR CURBSIDE CITY HOUSEHOLD
COLLECTION SERVICE.
(a) Garbage carts,plastic bags including pay bags and violation bag tags, recycling carts, kraft bags,
yard trimming carts, smallbundled brush and brush shall be placed at the curb no later than 7:00
a.m. on the scheduled collection day as determined by the director, and no earlier than 6:00 p.m.
on the day preceding the scheduled collection day. All carts and plastic bags, including pay bags
and violation bag tags, shall be removed from the curb, and from public sight, by 11:59:59 p.m.
of the scheduled collection day unless a missed collection is reported to the solid waste customer
service section in accordance with subsection (f) below.
(b) Carts,plastic bags including pay bags and violation bag tags,kraft bags, small bundled brush and
brush shall not be placed in thestreet, in an alley on a sidewalk or on a vacant lot.
(c) Carts shall be placed for collection at the curb:
(1) With the lids closed;
(2) With the hinges facing away from the street; and
(3) With a minimum clearance of two feet to each side of the cart and a half foot to the rear of the
cart from any fence, gas orwater meter, fire hydrant, utility pole, utility box, tree or shrub that
could be damaged by collection equipment or other collection container,bundles of brush or other
obstruction.
(d) Carts placed for collection shall not exceed the following weights when loaded:
32-gallon cart 150 pounds
64-gallon cart 200 pounds
96-gallon cart 250 pounds
(e) Kraft bags shall be placed for collection at the curb with their tops rolled shut to prevent the
contents from blowing out, andshall be at least two feet from any cart.
(f) The owner and/or person in control of a service unit that does not receive a regularly scheduled
collection of garbage,recyclables, yard trimmings, brush and small bundled brush by the city's
collector must call the solid waste customer service section to report such missed pick-up by 7:00
p.m. of the day following the collection day. An owner or person in control of a service unit who
fails to report a missed pick-up within such time above must remove all carts, bags, brush and
small bundled brush until the next regularly scheduled collection day for that service unit.
(g) A person commits an offense if a person:
(1) Places a cart, any garbage bag, kraft bag, small bundled brush or brush for collection in violation
of this section; or
(2) Allows a cart, any garbage bag, kraft bag, small bundled brush or brush placed for collection in
violation of this section toremain on property under his or her control.
(h) A person commits an offense if a person:
(1) Blocks access to or causes access to be blocked to a cart that has been placed for collection at the
curb of a service unit; or
(2) Allows access to a cart that has been placed at the curb for collection on property under his or her
control to remain blocked.(Ord. 15463, § 7, passed 2-25-2003; Ord. 16189, § 11, passed 10-26-
2004)
§ 12.5-826 PLACEMENT OF GARBAGE AND RECYCLABLES FOR CARRY-OUT CITY
HOUSEHOLD COLLECTION SERVICE.
(a) Household garbage and rubbish shall be prepared for carry-out household collection service as
required by § 12.5-822,and thecart placed at a point adjacent to the dwelling with the lid securely
closed.
(b) Recyclables shall be prepared for carry-out household collection service as required by § 12.5-
824, and the cart placed at apoint adjacent to the dwelling with the lid securely closed.
(c) Yard trimmings shall be prepared for carry-out household collection service as required by§ 12.5-
823,and the optional yardtrimmings cart placed at the curb of the service unit with the lid securely
closed.
(d) Residents who use the city's disabled carry-out collection service are not required to remove their
cart from public sight fromthe front of their service unit.
(e) Carts placed for carry-out collection shall not exceed the following weights when loaded:
32-gallon cart 150 pounds
64-gallon cart 200 pounds
96-gallon cart 250 pounds
(f) A person commits an offense if the person places garbage and rubbish and recyclables for carry-
out collection in violation ofthis section.
(Ord. 15463, § 7,passed 2-25-2003; Ord. 16189, § 12,passed 10-26-2004)
§ 12.5-827 MAINTENANCE AND STORAGE OF CARTS.
(a) A garbage or recycling cart supplied to a person by the city for use at their service unit remains
the property of the City of FortWorth. It is assigned to a specific address, and may be removed
from the service unit only by the director or the director's contractor.
(b) No person other than the director or the director's contractor shall alter any markings on a cart nor
add markings to a cart.
(c) The owner and/or person in control of the service unit shall be responsible for keeping clean all
carts that have been supplied bythe city for the service unit's use.
(d) An owner and/or person in control of a service unit shall promptly notify the director of the theft
of a garbage or recycling cartor any need for repair or replacement of a garbage,recycling or yard
trimmings cart.
(e) When not placed for collection, carts shall be stored by the service unit in a secure place at that
service unit. The carts shall bestored so as not to be visible to a person standing in front of the
service unit.
(f) A service unit may be charged for damage to the cart(s) which is not caused by the ordinary use
of the cart as reasonablydetermined by the director.
(g) The director may require a larger cart to be used by the service unit after an owner and/or person
in control of a service unithas cumulatively received three or more notices of violations of this
chapter within a 90-day period, based upon reasonable evidence to the director. A conviction for
such violation(s) is not mandatory. An owner or person in control of a service unit may appeal
such decision pursuant to §§ 12.5-842.1 and 12.5-842.2.
(h) A person commits an offense if the person maintains his or her cart in violation of this section.
(Ord. 15463, § 7,passed 2-25-2003; Ord. 16189, § 13,passed 10-26-2004)
§ 12.5-828 BULKY WASTE COLLECTION.
(a) Bulky waste items shall be placed at the curb for collection no later than 7:00 a.m. on Monday of
the scheduled bulky wastecollection week for that service unit and no earlier than 6:00 p.m. on
the Friday preceding the scheduled bulky waste collection week for that service unit.
(b) No more than ten cubic yards of bulky waste per service unit may be placed out for collection per
scheduled bulky wastecollection week.
(c) Bulky waste must be separated and apart from garbage, recyclables, kraft bags, yard trimmings
carts,plastic bags including paybags and violation bag tags and brush.
(d) Bulky waste shall be placed for collection as follows.
(1) To facilitate loading,materials shall be placed neatly and in as tight a stack as possible at a point
adjacent to the front curb.Materials shall be stacked away from utility poles, water and gas
meters, fences, mail boxes, fire hydrants, trees, parked cars, power lines and other obstructions
to prevent damage by collection equipment and to allow the safe collection of the materials.
(2) Materials shall not be placed in the street, in an alley, on the sidewalk or on a vacant lot.
(3) Refrigerators, freezers, dehumidifiers, air-conditioning units and other appliances must be free
of CFCs/HCFCs. These itemsshall not be collected until the service unit has provided proof to
the collector that CFCs/HCFCs have been removed from the appliance by a licensed technician.
(e) A person commits an offense if a person:
(1) Places bulky waste for collection in violation of this section; or
(2) Allows bulky waste placed for collection on property under his or her control in violation of this
section to remain on suchproperty.
(f) A person commits an offense if a person alters, separates or removes any bulky waste item
from a pile other than his or herown.
(g) A person is subject to a service charge for collection of a bulky waste pile that is greater than
ten cubic yards. Such chargeshall be assessed on the service unit's water bill pursuant to the fee
schedule adopted by the city council.Nothing herein shall prevent the city from issuing a citation for
a violation described in this section.
(h) A person is subject to a service charge for collection of a bulky waste pile which contains
garbage, recyclables, kraft bags, yardtrimmings, plastic bags including pay bags and violation bag
tags and brush commingled with or on top of the pile,or if such items are placed so close to the bulky
waste pile that such items cannot reasonably be removed from the bulky waste pile. Such charge
shall be assessed on the service unit's water bill pursuant to the fee schedule adopted by the city
council.Nothing herein shall prevent the city from issuing a citation for a violation described in this
section.
(i) A person is subject to a service charge for collection of a bulky waste pile that is placed for
collection during a time other thanthat service unit's set-out period described in subsection(a)above
during the regularly scheduled bulky waste collection week. Such charge shall be assessed on the
service unit's water bill pursuant to the fee schedule adopted by the city council.Nothing herein shall
prevent the city from issuing a citation for a violation described in this section.
(Ord. 15463, § 7,passed 2-25-2003; Ord. 16189, § 14,passed 10-26-2004)
§ 12.5-829 RESERVED.
DIVISION 3: COMMERCIAL SERVICES
§ 12.5-830 COMMERCIAL COLLECTION SERVICE IN CARTS.
(a) Certain commercial premises, business premises, houses used for nonresidential purposes, and
multifamily dwelling buildingsand complexes, as determined by the director, may request city
commercial collection services for the collection of commercial garbage and rubbish.
(b) The provisions of Division 2 of this chapter shall apply to any person using this service.
(c) A person commits an offense if the person places waste for collection in violation of this section.
(Ord. 12274, § 1,passed 11-28-1995; Ord. 15463, § 8,passed 2-25-2003)
§ 12.5-831 COMMERCIAL WASTE CONTAINERS.
(a) Every person who uses commercial waste containers,for city or private collection services,
shall maintain such containers ingood mechanical condition and shall repair such containers when
necessary. Except while being cleaned, the drain plugs of such containers shall be secured in the
drain holes to prevent leaking.
(b) Every person who uses commercial waste containers,for city or private collection services,
shall cause such containers to beemptied a minimum of once every seven days.The directors of the
departments of health and environmental management, and their authorized representatives, may
when necessary to safeguard the environment or the public health,safety or welfare, order users of
commercial waste containers:
(1) To empty the containers more often than weekly;
(2) To increase the number of commercial waste containers on their premises; and
(3) To increase the size of the commercial waste containers used on the premises.
(c) Every person who uses commercial waste containers shall have such containers emptied as often
as necessary to prevent theircontents from overflowing or causing offensive odors, and shall be
responsible for cleaning the interior surfaces of such containers as often as necessary to keep the
surfaces free of garbage and other organic material.
(d) Every person who uses commercial waste containers for the disposal of putrescible waste or who
is in control of the premiseswhere such containers are located,shall keep all lids and doors of such
containers securely closed at all times,except when being emptied or filled.All putrescible waste
shall be placed in plastic bags which have been tied or otherwise secured,prior to being placed in
such containers.
(e) Every person who owns or who contracts for the use of a commercial waste container, shall have
the container placed on hisor her premises in a position where the doors and lids will not be
obstructed when being opened or closed, and where the container may be freely serviced or
emptied.
(f) A person commits an offense if the person uses,maintains or places a commercial waste container
in violation of this section.
(g) A person commits an offense if the person violates a written order issued pursuant to subsection
(b)above.
(h) A person commits an offense if the person removes material from a commercial waste container
that has been placed in suchcontainer for collection.
(i) It is an exception to an enforcement action brought for a violation of subsection(h)above that the
person owned or leased thecontainer, or was the collection contractor responsible for emptying it.
(j) A peace officer acting in his or her official capacity is exempt from subsection(h)above.
(Ord. 12274, § 1,passed 11-28-1995; Ord. 14699, § 1,passed 7-17-2001)
§ 12.5-832 NUISANCE CAUSED BY COMMERCIAL WASTE CONTAINER.
A commercial waste container that is maintained, emptied or located in violation of§ 12.5-831 and
which endangers the public health, safety or welfare, is hereby declared to be a public nuisance.
(Ord. 12274, § 1,passed 11-28-1995)
§§ 12.5-833-12.5-839 RESERVED.
DIVISION 4: DEPOSITS, RATES AND COLLECTION
§ 12.5-840 DEPOSITS.
(a) Household collection service customers shall be required to make a minimum deposit of$15 prior
to the start of service.
(b) Commercial collection service customers shall be required to make a minimum deposit of$25
prior to the start of service.
(c) Prior to the start of service, a private community with a written agreement for city household
collection services shall make aminimum deposit of the existing deposit rate listed in subsection
(a) above multiplied by the total number of households, whether occupied or unoccupied, in the
private community.
(d) The director is authorized to require a larger deposit from any customer when, in his or her
judgment, the larger amount isnecessary to ensure that the city is protected against loss for
nonpayment of services.
(e) The director may refund deposits as an account credit to household collection service customers
whose accounts show nodelinquent payments for a period of 12 consecutive months.
(Ord. 12274, § 1,passed 11-28-1995; Ord. 17655, § 3,passed 7-17-2007)
§ 12.5-841 BILLING.
(a) Household and commercial customers shall be billed for services on their monthly water bills,
according to the rates establishedby ordinance.
(b) No refunds of payments or credit for household collection service will be made for occupied
residences or residences that havecity water service.
(c) Household and commercial customers who have been charged the incorrect rate for collection
services may be credited for upto six months of overcharges. The credit given will be the difference
between the correct monthly rate and the monthly rate actually charged and paid, multiplied by the
number of months involved to a maximum of six months. No credit will be given for overcharges
that are more than 12 months old.
(d) Household and commercial customers shall not receive refunds or credits for regular
collections not made due to holidays,inclement weather, emergencies,missed collection or any other
reason except as set forth in subsection (c) above. No proration of fees shall be made for partial
months of service.
(Ord. 12274, § 1,passed 11-28-1995; Ord. 16188, § 1,passed 10-26-2004)
§ 12.5-841.1 RESIDENTIAL COLLECTION FEES.
The following residential collection fees are adopted:
Service Rate (Plus Sales Tax)
Residential curbside-32 gallon
$12.50 per month
cart
Residential curbside-64 gallon
$17.50 per month
cart
Residential curbside-96 gallon
$22.75 per month
cart
Elective carryout Additional $30 per month above
cart rate
Cart rate with no additional cost
Disabled carryout based on qualification
$75 per 5 cubic yards over 10
Excess bulky waste and brush cubic yards (on a one time
collection monthly basis) and $65 per 5
cubic yards thereafter, up to 30
cubic yards
Excess bulky waste and brush To be determined by the director
collection for piles over 30 cubic based upon city collector's fee and
yards city administration costs
$75 per 5 cubic yards and $65 per
Out-of-cycle and contaminated 5 cubic yards thereafter, up to 30
bulky waste pile collection cubic yards ($75 shall be
minimum charged to household)
One exchange per year per
Cart delivery-exchange fee household at no cost; thereafter$5
per request
Pay bag $3 per bag with minimum
purchase of 5 bags
Optional 96 gallon yard $75
trimmings cart
Violation bag tag $10 per bag
Nothing out trip charge $45 per incident
(Ord. 16188, § 2, passed 10-26-2004; Ord. 17225, § 1, passed 10-3-2006; Ord. 21054-12-2013, § 1,
passed 12-10-2013)
§ 12.5-841.2 COMMERCIAL GARBAGE COLLECTION FEES.
The following commercial garbage collection fees are adopted based on ninety-six-gallon carts:
Frequency of Service Monthly Rate (Plus Sales Tax)
1 x per week $23
2 x per week $34
3 x per week $49
4 x per week $66
5 x per week $86
6 x per week $110
(Ord. 15632, § 1,passed 8-7-2003, eff. 9-1-2003; Ord. 16188, § 3,passed 10-26-2004)
§ 12.5-842 DELINQUENT ACCOUNTS.
(a) The owner,occupant or tenant of any premises receiving city household or commercial collection
services shall be responsiblefor the payment of the fees incurred for such premises for services
under this article.
(b) When an account becomes delinquent, the director may send the customer a second bill. If the
account is not brought currentwithin ten days of the date of the second billing, the city may
suspend all city-provided utility services until payment is made in full. The director is authorized
to remove all city-provided commercial waste containers from a delinquent customer's premises.
(c) After the city has terminated a customer's service for nonpayment, the director may file a lien
against the property thatreceived the services in the amount of the delinquent fee. A lien may not
be filed against any property that is protected as a homestead by the Texas Constitution.
(d) A notice of lien authorized by this section shall be filed in the real property records in the county
in which such property islocated.The lien shall contain a legal description of the property and the
collection service account number.
(e) The director may add the amount of the lien filing fee to the lien. The lien shall bear 10% per
annum interest.
(f) A lien filed pursuant to this section is inferior to a bona fide mortgage lien that is recorded before
the recording of the city's lien.The city's lien is superior to all other liens including previously
recorded judgment liens and any liens recorded after the city's lien.
(g) The authority of the director to impose liens on real property for nonpayment of collection service
fees does not apply toproperty which has been properly declared rental property pursuant to this
subsection(g).
(1) The owner of any property which is rented to another person may declare such property to be
rental property not subject tolien if the collection service account is in the name of the tenant.
(2) The declaration shall be in writing, specifically naming the service address, declaring such to
be rental property, and declaringthat the owner does not wish such property to be used as security for
collection services provided by the city.
(3) The declaration of rental property shall be valid only so long as the person making the
declaration owns the property, andrents the property to another, and the tenant has collection services
provided in his or her name. An owner may revoke a declaration at any time by notifying the city in
writing.
(h) A lien shall not apply to the collection services provided to the tenant prior to the effective date of
this section, nor shall it applyto collection services provided a tenant in the tenant's name after a
declaration is filed by the property owner.
(i) A lien may be appealed,modified and released as follows.
(1) Within 30 days after filing a lien pursuant to this section,the director shall give notice to the
property owner and the accountholder that such a lien has been filed on the property.Notice shall be
delivered by certified mail,return receipt requested.
(2) Within 30 days after receiving notice, the property owner may appeal the filing of the lien to
the director in writing. Thedirector may hold a hearing on the matter or may make a decision based
upon the property owners written appeal.
(3) The director shall authorize the release of the lien if the property owner shows by a
preponderance of the evidence that no billfor collection services to the property is owing or that at the
time the lien was filed the property was protected as a homestead under the Texas Constitution.
(4) The director may modify or release the lien to reflect the true amount of delinquency in
payment for collection services to theproperty if the owner proves by a preponderance of the evidence
that a lesser bill is owing than that alleged by the lien.
(5) The person last listed on the county tax rolls as being the owner of the subject property shall
be presumed to be the owner forpurposes of this subsection(i),and the address listed for the owner on
the county tax records shall be presumed to be the address of the owner.
(6) Whenever a person pays all interest, principal, and filing fees of a lien validly filed pursuant
to this section,the director shallexecute a release of that lien and surrender it to the paying party. The
city shall not be responsible for filing the release. (Ord. 12274, § 1,passed 11-28-1995)
§ 12.5-842.1 APPEAL.
(a) A water bill customer objecting to the actions,policies or decisions of the director with regard
to a fee for a pay bag, violationbag tag, brush or bulky waste collection may informally appeal to the
director of environmental management, or the designee, in person, or by telephone, to attempt a
resolution administratively.An appeal must be initiated by the water bill customer within ten business
days from the issuance of the water bill.
(b) If a resolution cannot be obtained by an informal appeal, then that customer shall be advised
in writing by regular mail, of the hisor her right to a formal appeal hearing pursuant to this subsection
(b). Such notice shall be sent to the name on the water bill account and to the billing address of the
account. Such notice shall indicate:
(1) The steps the customer must take to initiate the formal appeal hearing;
(2) Whether failure to initiate the formal appeal within three days of the date of the notice will result
in termination of waterservice to the account in question; and
(3) A copy of the rules for the formal hearing.
(c) A request for a formal appeal hearing before the designated hearing officer will not be granted
when the customer's only complaint regards:
(1) The determination of reasonableness or the denial of a deferred payment by the director of the
water department;
(2) The customer's financial inability to pay for services rendered, and there is no dispute as to the
accuracy of the billing or thecustomer's liability; or
(3) The design, application and fairness of the rate schedule established by the city council.(Ord.
16189, § 15,passed 10-26-2004)Editor's note:
Prior to inclusion of Ord. 16189, §12.5-842.1 pertained to commercial garbage collection fees and
was repealed by§4 of Ord. 16188, adopted October 26, 2004. See also the Code Comparative
Table.
§ 12.5-842.2 HEARINGS.
(a) The time, date and place of a formal appeal hearing shall be provided to the customer requesting
a formal hearing.
(b) The hearing shall be set by the hearing officer.
(c) The customer may appear in person or be represented by an attorney or both,and shall be afforded
the opportunity to questionwitnesses at the hearing.
(d) The customer has the right to reschedule the hearing one time.
(e) The formal legal rules of evidence shall not apply; however, all witnesses shall be placed under
oath.
(f) The formal appeal hearing shall be before a hearing officer who is:
(1) Appointed by the city manager;
(2) Not under the supervision of the of the environmental management department or the code
compliance department; and
(3) Not a participant in the previous decision now under review.
(g) The hearing officer shall:
(1) Be the sole judge of the evidence and credibility of witnesses and the facts as well as the
applicability of the city's rules andregulations;
(2) Render a final decision at the close of the hearing or within a time period specified and agreed
to by all parties if moreresearch is requested by the hearing officer; and
(3) On conclusion of the hearing, render a decision in writing to all parties concerned within ten
business days of the officer'sconclusion.
(h) Once the hearing officer has rendered a decision:
(1) If the decision reached at a formal appeals hearing is not in favor of the customer,the
hearing officer shall instruct the cityand customer what action, if any, must be taken by the
customer to maintain water service; and set a reasonable period of time in which the customer must
take the action; or
(2) If the decision reached at a formal appeal hearing is in favor of the customer, in whole or
part,the hearing officer shallinstruct the city and customer what corrective action shall be taken and
the city shall take such action within a reasonable time,which time may be set by the hearing
officer and instruct the customer to pay or make acceptable arrangements for payment of any
amount of disputed billing found to be accurate,within five business days or by the due date of the
billing whichever is later.
(Ord. 16189, § 16,passed 10-26-2004)
§ 12.5-842.3 CONTINUATION OF WATER SERVICE DURING APPEAL.
(a) During the process of the formal appeal, the customer's water service shall be continued.
(b) In the event water service was terminated prior to a valid formal appeal hearing, water service
will be re-initiated upon paymentof an initiation fee. The initiation fee will be refunded if the
hearing officer's decision is in favor of the customer in whole or part.
(c) Water service may not be continued nor reinstated if there is a violation of the city's electric code,
building code, fire code orany city ordinance that relates to the water service as deemed by the
director of the water department.
(Ord. 16189, § 17,passed 10-26-2004)
§ 12.5-842.4 RIGHTS AND REMEDIES OF THE CITY.
The failure of the city to comply with any deadlines in this chapter does not result in the city's waiving
its right to seek termination of water service for the reasons specified in this chapter or otherwise
specified by law.
(Ord. 16189, § 18,passed 10-26-2004)
§ 12.5-843 ENVIRONMENTAL PROTECTION FEE.
(a) A separate fee at a rate established by the city council by ordinance shall be charged to persons
within the city for solid wastedisposal services as authorized by Tex. Health and Safety Code §
364.034. Such fee shall be assessed to each customer per service address and included on the monthly
water bill. Such fee shall be in addition to any fees for other services regulated by this article,and shall
be shown as "environmental protection fee."
(b) Pursuant to Tex. Health and Safety Code, § 361.013(g), any revenues generated by the fee
which have accrued or which mayaccrue in the future, shall be used for disposal or environmental
programs or services that are required by state or federal mandates.
(c) The payment of a fee charged under this section does not relieve any person of the duty to
comply with applicableenvironmental laws, regulations, codes and ordinances. The city may enforce
such laws, regulations, codes and ordinances against a person who has paid such fee and may seek
legal or equitable relief against such person, including, but not limited to, recovery of the city's
abatement,cleanup and protection costs.
(Ord. 12274, § 1,passed 11-28-1995)
§§ 12.5-844-12.5-849 RESERVED.
DIVISION 5: PRIVATE COLLECTORS
Editor's note:
Ord. 13555, §1, adopted Aug. 25, 1998, amended Div. 5, in its entirety, to read as herein set out in
§§12.5-850 through 12.5-863. Prior to inclusion of said ordinance, Div. 5 pertained to similar
subject matter. See the Code Comparative Table. § 12.5-850 AGREEMENT REQUIRED.
(a) No person within the City of Fort Worth shall engage in the business of collecting or transporting
municipal solid wasteproduced in the city without first entering into a non-exclusive privilege
agreement("privilege agreement")with the city.
(b) A person commits an offense if the person collects or transports municipal solid waste in violation
of subsection(a)above.
(c) Exemptions:
(1) The city, city employees and persons contracting with the city, engaged in the collection and
transportation of municipal solidwaste on behalf of the city are exempt from this section; and
(2) Persons transporting their own municipal solid waste that they generated at their own homes are
exempt from this division.
(d) Defenses:
(1) It is a defense to prosecution that the person was using a vehicle to gather only recyclable
materials, salvageable newspapersor clothes. Recycling shall be defined as collection of only source
separated materials for resale;
(2) It is a defense to prosecution that the person was transporting municipal solid waste that was
generated in the person'sprivate business and that the person only transports municipal solid waste at
a maximum of two times per year; and
(3) It is a defense to prosecution that the person was collecting source separated recyclables from
a dumpster or roll-offcontainer that is used by private individuals or firms and contains only
recyclables.
(Ord. 13555, § 1,passed 8-25-1998)
§ 12.5-851 PRIVILEGE AGREEMENT APPLICATION.
(a) A person required to enter a privilege agreement under this division shall submit an application
plus an application fee for aprivilege agreement at the City of Fort Worth's department of city
services administrative offices.
(b) At a minimum the application shall include:
(1) The name, address and telephone number of the applicant;
(2) The trade name under which the applicant does business or proposes to do business;
(3) The estimated number of vehicles the applicant will operate under this agreement;
(4) The make,model,year and license plate number of all vehicles to operate under this agreement;
(5) The nature and character of the service the applicant proposes to render; and
(6) Any other information that may be relevant to the applicant's fitness to render such services as
may be required by thedirector of environmental management.
(Ord. 13555, § 1,passed 8-25-1998; Ord. 14699, § 1,passed 7-17-2001)
§ 12.5-852 GRANTING OF PRIVILEGE AGREEMENT.
(a) After receiving an application, the director may make such investigation as he or she considers
necessary to determine whetherthe applicant meets the requirements of law and of this ordinance.
(b) The director may require the applicant to furnish additional information to assist the director in
his or her determination.
(c) After the director determines whether the applicant meets the requirements of the law and this
ordinance,the director or his orher duly authorized representative shall recommend either:
(1) That the city council deny the privilege agreement; or
(2) That the city council authorize the privilege agreement in an ordinance passed by a two-thirds
vote of the city council.
(Ord. 13555, § 1,passed 8-25-1998)
§ 12.5-853 SUSPENSION OR REVOCATION.
The director or his or her duly authorized agent may recommend that the city council suspend for up
to six months or revoke a privilege agreement if he or she determines that:
(a) The application contained a false statement of material fact;
(b) The local hauling company named in the privilege agreement or an employee, agent or officer of
the local hauling companynamed in the privilege agreement is convicted of a violation of the
Texas Solid Waste Disposal Act, being Tex. Health and Safety Code, Chapter 361, the Texas
Litter Abatement Act, the Resource Conservation and Recovery Act or any other environmental
law applicable to the collection, transportation and disposal of solid waste, which allegedly
occurred during the term of the privilege agreement;
(c) The grantee fails to maintain applicable solid waste vehicle hauling permits required under this
division;
(d) The grantee fails to pay all fees required under this division; or
(e) The grantee has violated any provisions of the privilege agreement.
(Ord. 13555, § 1,passed 8-25-1998)
§ 12.5-854 RECORDS AND REPORTS.
Each grantee shall maintain, at a single location, business records of its solid waste collection
service. Such records shall include,but are not limited to: inventory of all vehicles; a complete listing
of all customers within the city including name, address and telephone numbers; numbers of and
location of all dumpsters and roll-off containers; volumes of solid waste and recyclable materials
collected within the city limits of Fort Worth; and all quarterly and annual reports prepared pursuant
to the privilege agreement. A grantee shall make its records available for the director or his or her
duly authorized agent at reasonable times upon request. (Ord. 13555, § 1,passed 8-25-1998)
§ 12.5-855 PENALTIES FOR VIOLATIONS.
An offense under this division is punishable pursuant to § 12.5-123,Judicial remedies and penalties.
(Ord. 13555, § 1,passed 8-25-1998)
§ 12.5-856 PAYMENT OF FEES/QUARTERLY REPORTS/ANNUAL REPORT.
The grantee must make payment of all fees payable under the privilege agreement on a quarterly
schedule. Payments will be due on: April 30, July 31, October 31 and January 31 for the preceding
quarter.The amount due will be 5%of the total gross hauling revenue of the grantee from the collection
and transporting of municipal solid waste produced in Fort Worth. An annual report shall be due
January 31 of each year and shall be a summary of the quarterly reports for the preceding year.
(Ord. 13555, § 1,passed 8-25-1998)
§ 12.5-857 SOLID WASTE VEHICLE HAULING PERMIT.
(a) Every person who uses a vehicle to transport or collect municipal solid waste produced in the city
shall register each vehiclewith the director of city services and shall have affixed by the city a
solid waste vehicle hauling permit("hauling permit")to each vehicle.
(b) A person commits an offense if the person knowingly operates or causes to be operated a vehicle
used to transport or collectmunicipal solid waste in violation of subsection(a)above.
(c) Exemptions:
(1) The city and its own employees engaged in the collection and transportation of municipal solid
waste on behalf of the city areexempt from this division; and
(2) Persons transporting their own municipal solid waste that they generated at their own homes are
exempt from this division.
(d) Defenses:
(1) It is a defense to prosecution that the person was using a vehicle to gather only recyclable
materials, salvageable newspapersor clothes;
(2) It is a defense to prosecution that the person was transporting municipal solid waste that was
generated in the person'sprivate business and that the person only transports municipal solid waste at
a maximum of two times per year; and
(3) It is a defense to prosecution that the person was collecting municipal solid waste from a
dumpster or roll-off container that isused by private individuals or firms and contains only recyclables.
(Ord. 13555, § 1,passed 8-25-1998)
§ 12.5-858 HAULING PERMIT APPLICATION.
(a) A person required to have a hauling permit under this division shall submit an application plus an
application fee at the City ofFort Worth's solid waste management division.
(b) At a minimum the application shall include:
(1) Name,address and telephone number of the applicant;
(2) The trade name under which the applicant does business or proposes to do business;
(3) The number of vehicles the applicant desires to operate and for each of which the applicant seeks
to obtain permits under thisapplication;
(4) Make, model, year and license plate number of each vehicle that the applicant will use to collect
or transport municipal solidwaste;
(5) The nature and character of the service the applicant proposes to render; and
(6) Any other information as may be relevant to the applicant's fitness to render such services as may
be required by the directorof city services.
(c) Each applicant in the business of transporting solid waste shall sign a solid waste transportation
certification as required by theTexas Administrative Code.
(d) Before a hauling permit is issued, each vehicle must satisfactorily pass inspection for the
following items:
(1) The vehicle must be constructed to ensure no spillage of solid waste;
(2) A non-enclosed vehicle must have a proper tarp or other satisfactory cover to prevent blowing of
materials being transported; (3) Where applicable, all drain plugs and seals must be intact;
and
(4) The vehicle must be clean and odor free.
(Ord. 13555, § 1,passed 8-25-1998)
§ 12.5-859 ISSUANCE OF A HAULING PERMIT.
(a) After receiving a hauling permit application, the director may make such investigation as he or
she considers necessary todetermine whether the public convenience and necessity warrant the
granting of the hauling permit(s).
(b) The director may require the applicant to furnish additional information to assist the director in
his or her determination.
(c) The director may require the applicant to furnish information as to the financial responsibility of
the applicant in the event ofclaims against him or her for death or injuries to persons or damage
to property by reasons of the negligent operation of vehicles used in providing solid waste
collection and transportation services.
(d) If the director is satisfied that the applicant meets the requirements of this division and after the
applicant pays all applicablefees, the director or his or her duly authorized agent may issue and
affix a hauling permit to each appropriate vehicle.
(e) The hauling permit shall be a size and design determined by the director.
(f) If the director determines that there is cause to deny a hauling permit application, he or she may
notify the applicant of same inwriting and deliver by certified mail,return receipt requested to the
address listed on the application. The applicant may petition for reconsideration pursuant to this
chapter.
(Ord. 13555, § 1,passed 8-25-1998)
§ 12.5-860 DISPLAY OF HAULING PERMIT.
(a) A hauling permit shall be displayed on each registered vehicle in a location approved by the
director or his or her duly authorizedagent. The director's duly authorized agent shall place the permit
on the vehicle.
(b) A hauling permit holder commits an offense if the hauling permit holder operates or causes to
be operated a vehicle collectingor transporting municipal solid waste which does not properly display
a valid hauling permit.
(Ord. 13555, § 1,passed 8-25-1998)
§ 12.5-861 HAULING PERMIT FEES; TERMS.
(a) Each hauling permit holder shall pay the city an annual permit fee for each vehicle in an amount
set by the city council.
(b) A hauling permit issued pursuant to this division for each vehicle is valid for up to one year, but
shall expire no later than 12months from the original date of issuance. Subsequent hauling permits
added for additional vehicles to be used by the same permit holder during the term shall not be
prorated, but shall expire at the same time as the first hauling permit. There shall be no proration
of fees for late renewal,nor any refund for vehicles taken out of service before the end of the term.
(c) A hauling permit shall not be transferable from one individual or entity to another, nor from one
vehicle to another.
(Ord. 13555, § 1,passed 8-25-1998)
§ 12.5-862 SUSPENSION OR REVOCATION OF A HAULING PERMIT.
The reasons for which the director or his or her duly authorized representative may suspend and/or
revoke a hauling permit include,but are not limited to,the following:
(a) The application contained a false statement of material fact;
(b) The hauling permit holder does not maintain a permitted vehicle in the condition that allowed it
to pass its last inspection; or
(c) The local hauling company named in the privilege agreement or an employee, agent,of officer of
the local hauling companynamed in the privilege agreement is convicted of a violation of the
Texas Solid Waste Disposal Act, being Tex. Health and Safety
Code, Ch. 361, the Texas Litter Abatement Act, being Tex. Health and Safety Code, Ch. 365, the
Resource Conservation and
Recovery Act, being 42 U.S.C. §§ 6901 et seq., or any other environmental law applicable to the
collection,transportation and disposal of solid waste,which allegedly occurred during the term of the
privilege agreement.
(Ord. 13555, § 1,passed 8-25-1998)
§ 12.5-863 PENALTIES FOR VIOLATIONS.
An offense under this division is punishable pursuant to§ 12.5-123,Judicial Remedies and Penalties.
(Ord. 13555, § 1,passed 8-25-1998)
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a person standing in front of the
residence. Improper storage of carts
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