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HomeMy WebLinkAboutOrdinance 5997 ORDINANCE NO. q I AN ORDINANCE AMENDING CHAPTER 16 OF THE FORT WORTH CITY CODE (1964) , AS PREVIOUS- LY AMENDED BY ORDINANCE NO. 5858, WHICH CHAPTER REGULATES THE COLLECTION OF GAR- BAGE AND THE PAYMENT OF FEES THEREFOR BY ADDING PROVISIONS FOR REFUSE CHARGE CREDITS; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABIL- ITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 16-10.1 is hereby added to Chapter 16 of the Fort Worth City Code (1964) , and, after having been so added such section shall read and be as follows: "Sec. 16-10.1. Refuse charge credits for apart- ment complexes--For complexes containing three or more dwell- ing units. "Refuse charge credits may be granted for vacant or unoccupied dwelling units in complexes which contain three or more dwelling units but such credits shall be limited to only those units which are continuously vacant or unoccupied for thirty (30) days or more. Credits may be granted only after the receipt of an application in writ- ing requesting same, within sixty (60) days from the last day of the vacancy. Such application must be signed by the owner or his duly author- ized representative." SECTION 2. 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 in conflict, and as to all other ordi— nances or provisions of the Fort Worth City Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION 3. That if any section, part of a section or provision of any section of this ordinance shall be held to be void, in— effective or unconstitutional by a court of competent juris— diction, the holding of such section, part of a section or provision of any section to be void, ineffective or uncon— stitutional 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 provision 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 4. That this ordinance shall be in full force and effect from and after its passage and it is so ordained. APPROVED AS TO FORM AND LEGALITY: e City Attorney Adopted by the City Council Effective - Y / TM. - City of Fort Worth, Texas Mayor and Council Communication McMAHAN LINE DATE REFERENCE SUBJECT: PAGE NUMBER Refuse Charge Credits MORPHIS 9 9 68 G-1282 for Vacant Apartments i or 2 GRAHAM On June 24, 1968, the City Council instructed the staff to review the present HARDY policy regarding credits for refuse collection charges for vacant apartment units. The request was prompted by a presentation from Mrs. George N. Korell, the owner of a small apartment house, who requested a refund of refuse collec- ,r,L C V tion charges for vacant units. Refuse collection service by City forces is optional for apartments which include three or more dwelling units. The majority of larger apartment complexes use private refuse collectors. For the month ending June 21, 1968, 8,299 apartment units were serviced by City collection crews. Refuse charge credits are currently allowed on vacant units upon request of the owner or manager, on an individual basis. During the month of June, 1968, credits were allowed in the amount of $639 which was approximately two per cent of gross revenues. It is estimated that 3,691 adjustments were processed on an individual basis during the year ending in June, 1968. The present policy is that when an apartment unit is vacant, the owner or manager may state__ in writing, the number of vacancies and request a credit for the number of viLcant units. Under this policy there is no feasible method for the City to determine actual vacancies. The City must rely on the word of the owner or manager that an apartment was, in fact, vacant for a specified period of time. Alternative Procedure It is proposed that Ordinance 5864 be revised to permit credits for only those vacancies of 30 days or more in duration. Requests for such credits would be submitted to the Water Commercial Division in writing and be signed by the owner or manager. It is further proposed that such applications for credit be required within 60 days from the last date of the vacancy for which the credit is requested. The advantage to the proposed amendment is that the time limit of the vacancy is defined and a specified time is established during which requests for credits must be presented to the City. The present ordinance is silent on both of these points and the present policy is not defined in the existing ordinance. The proposed amendment may cause some loss in revenue resulting from additional claims since it Is doubted that all vacancy claims are being presented at the present time. False claims could be controlled by a Sanitation Service Representative conducting field investigations if it appears that excessive credits are being requested by any particular apartment complex. OFF[ 41 RECORD 1 FT WIT1L TEX_ F l � v • DATE REFERENCE SUBJECT: Rafuse Charge Credits PAGE NUMBER 9/9/68 G-1282 for Vaunt Apartments 2 of 2 Recommendation It is recommended that the attached ordinance be adopted amending Ordinance No. 5864 to provide for refuse charge credits on vacant apartments and that said credits be limited to continuous vacancies of thirty days or more. Requests for adjustments must be submitted in writing not more than sixty days after the last day of the vacancy. HDM:ms Attach. � 1 SUBMITTED BY: DISPOSITION COUNCIL: PROCIESOED BY APPROVED ❑ OTHER (DESCRIBE) CITY SECRETARY / DATE C/ CITY MANAGER 7 ���