HomeMy WebLinkAboutOrdinance 11165zzORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER 14, "GARBAGE", OF THE CODE
OF THE CITY OF FORT WORTH (1986), AS AMENDED, WHICH
CHAPTER REGULATES SOLID WASTE COLLECTION, FEES AND
DISPOSAL, BY AMENDING 14-1 BY DEFINING RECYCLING AND
RECYCLABLES, BY AMENDING 14-22 BY SPECIFYING PREPARATIONS
OF RECYCLABLES, BY AMENDING 14-23 TO INCLUDE RECYCLING
COLLECTION SERVICE, BY AMENDING SECTION 14-24 BY
INCREASING THE PRESCRIBED UNIFORM FEES FOR RESIDENTIAL
REFUSE COLLECTION; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH, PROVIDING A SEVERABILITY
CLAUSE; PRESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED
VIOLATIONS AND PENDING LITIGATION; PROVIDING A PENALTY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That those portions of Section 14-1 of Chapter 14 of the Code
of the City of Fort Worth (1986), as amended, consisting of
"Definitions" and the following definitions being added to these
definitions, be and the same are hereby amended, it being expressly
provided that the other provisions of Section 14-1 shall remain
unchanged. The amended portion shall read as follows:
"Recycling means the using of waste materials for
secondary and other uses. It is an alternate disposal method
in which the recyclable material is marketed for another use.
Recyclables mean solid waste resulting from industrial,
municipal, and commercial operations and community and
institutional activities that is recoverable, marketable and
usable commodities.
Recycling Container means the container used for
placement of recyclables for collection and as specified by
the Director of City Services.
Refuse means all solid waste resulting from domestic,
commercial or industrial operations incident to urban life,
except sewage, but including, garbage, brush, trash and
recyclables.
Solid waste means discarded materials resulting from
industrial, municipal and commercial operations and community
and institutional activities that includes household garbage
and trash, commercial garbage and trash, household brush and
bulky waste, refuse, trash and recyclables."
SECTION 2.
That those portions of Section 14-22 of Chapter 14 of the Code
of the City of Fort Worth (1986), as amended, consisting of
"Preparation for Collection" and the following preparation being
added to these preparations, be and the same are hereby amended, it
being expressly provided that the other provisions of Section 14-22
shall remain unchanged. The amended portion shall read as follows:
Recycling Container. Recyclables that are to be
collected are to be prepared and placed in a container
as specified by the Director of City Services."
SECTION 3.
That those portions of Section 14-23 of Chapter 14 of the Code
of the City of Fort Worth (1986), as amended, consisting of "types
of Collection Service" and the following collection being added to
these collections, be and the same are hereby amended, it being
expressly provided that the other provisions of Section 14-23 shall
remain unchanged. The amended portion shall read as follows:
"(a) General. The scope of solid waste collection
services provided by the city is intended, in general, to_
serve the normal needs of the residential dwelling units and
their directly -related activities.
(b) Household garbage and trash and recyclables; customer
to choose an option. In general, the individual customer may
choose either of the following options. However, the Director
of City Services or his authorized representative shall have
the authority to designate the location for collection taking
into consideration such factors as convenience to collection
crews, convenience to the customer, hazardous conditions such
as cables, utility poles, clearances for equipment, danger to
the collector from household pets and collection costs.
(1) Curb line service. Household garbage and trash
shall be properly prepared for collection and placed on
the front curb line in disposable containers, and
recyclables shall be properly prepared for collection and
placed on the front curb line in the recycling container,
by 7:00 a.m. on the scheduled collection day and no
earlier than 6:00 p.m. on the day preceding the scheduled
collection day.
(2) Collector carry -out service. If collector
carryout service is selected, household garbage and trash
shall be properly prepared for collection and placed in
disposable containers, and recyclables shall be properly
prepared for collection and placed in the recycling
container at a point adjacent to the dwelling place.
Bags or boxes shall be tied or crimped securely. Yard
trash, including bundled brush and tree trimmings, grass
clippings and leaves, shall be properly placed in
containers and placed on the front curb for collection."
SECTION 4.
That Section 14-24 of Chapter 14 of the Code of the City of
Fort Worth (1986), as amended, be and the same is hereby amended to
read as follows:
"Sec. 14-24. Charges for refuse removal service -
compulsory for single-family residences and
duplexes; optional for group housing.
(a) Use of the city garbage and refuse collection,
recycling 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, recycling collection, and brush
removal service shall be as follows:
Tyke
Single-family residences
Duplex apartments
(per dwelling unit)
Curb/ Collector
Line Service Carryout
$10.00 $32.25
$10.00 $32.25
Garage apartment unit
Trailer/mobile home
dwelling unit
Residential building
or complexes, etc
per dwelling unit)
$10.00
$10.00
$32.25
$32.25
$32.25
(b) The use of City garbage and refuse collection,
recycling collection, and brush removal service shall be
optional for residential buildings or complexes which include
three (3) or more dwelling units.
(c) No refunds of payments or credits for city garbage,
recycling, and brush and bulky waste collection service will
be granted for single-family residences, duplex residences and
garage apartments that have city water service or are
occupied.
(d) Credits for city garbage, recycling, and brush and
bulky waste collection service for single-family residences,
duplex residences and garage apartment units incorrectly rated
may be given for a maximum period of six (6) months. The
credit given will be the difference between the correct
monthly rate and the incorrect monthly rate multiplied by the
number of months involved to a maximum of six (6) months.
(e) The initial billing for city garbage, recycling, and
brush and bulky waste collection services for single-family
residences, duplex apartments and garage apartment units shall
be made concurrent with the initial billing for water and
sewer service. Billing for collection shall be automatic
regardless of whether or not a written contract exists between
the city and the customer. There shall be no proration of
service charges for a portion of a billing period.
SECTION 5.
That this ordinance shall be cumulative of all provisions of
the Code of the City of Fort Worth (1986), as amended, and all
other ordinances of the City of Fort Worth, except in those
instances where the provisions of this ordinance are in direct
conflict with the provisions of such Code or other ordinances, in
which instances said conflicting provisions of such Code or other
ordinances are hereby repealed.
SECTION 6.
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
ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such
void, ineffective or unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 7.
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 14 of the Code of the City of Fort Worth (1986), as
amended, and of any other ordinance affecting garbage, which have
accrued at the time of the effective date of this ordinance; and as
to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such chapter
and/or other ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the
courts.
SECTION 8.
That any person, firm or corporation violating any provision
of this ordinance shall be guilty of a misdemeanor and, upon
conviction, shall be subject to a fine not to exceed Two Hundred
Dollars ( $200.00) , and each violation hereof, and each day on which
there is a failure to comply with the terms of this ordinance,
shLAll be and is hereby declared to be a distinct and separate
offense and punishable as such.
SECTION 9.
That this ordinance shall become effective and be in full
force and effect from and after its passage and publication as
required by law, or October 1, 1992, whichever date is later.
Provided, however, that the increased rates specified herein shall
be reflected on the customer utility statements sent by the City of
Fort Worth after November 1, 1992, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
!f ss•F• City Attorney
Date : w
ADOPTED: `
EFFECTIVE: '—
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Po�t�t Ah:.�UBJEI^T,-� SOLID WASTE COLLECTION FEE
M UNICIP�l. COURT ADiVII D!-11
��_ RECOMMENDATION:
1 of 1
It is recommended that the City Council adopt the attached ordinance adding curbside
recycling services and amending the solid waste collection fee schedule as follows
effective September 1, 1992.
Service Current Rate Proposed Rate
Residential Curbside $ 8.85 $�'
DISCUSSION: g ��
On April 21, 1992 (M&C G-9626), the City Council approved the addition of curbside
recycling service to the existing solid waste services for residential customers. In
order to fund the additional cost of this service an increase. of $1.15 per month per
residential customer is needed. No other increases in service fees are proposed at
this time. The revenue from the fee increase is included in the proposed budget for
1992-93. As an enterprise fund, the Solid Waste fund was established in 1982 to be
totally funded through service fees. The last fee increase was approved in September
1990.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that the revenues from these fees are
included in the appropriation for the proposed budget for Fiscal Year 1992-93. The
Water Department as billing agent is responsible for the collection of funds for solid
waste customers. Revenues will be deposited in PE64, Solid Waste Fund.
RG:t
Submittetl for
Office by:
Ramon Guajardo
Originating Department
Tom Davis
For Additional In
Contact:
Tom Davis
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Printed on recycled paper