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HomeMy WebLinkAboutOrdinance 4524 r f ORDINANCE NO . �� AN ORDINANCE AMENDING SECTIONS 8, 9, 10, 17, 19, 23, 24, 25, 26 AND 28 OF ORDINANCE NO. 3241 BEING AN ORDINANCE REGULATING AND PROVIDING FOR THE COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE, TRASH AND RUBBISH WITHIN THE CITY OF FORT WORTH, TEXAS, FIXING SCHEDULES OF REASONABLE CHARGES 2b BE REQUIRED OF OWNERS, OCCUPANTS,TENANTS AND LESSEES OF BUILDINGS AND PREMISES RECEIVING OFFICIAL RECORD SUCH SERVICE; REPEALING SECTIONSn,1,2,13, 14, 15 AND 20 �,,� OF ORDINANCE NO. 3241; PROVIDING A SAVINGS CLAUSE IN THE CITY H];,-FTARY EVENT ANY PART OF THE ORDINANCE SHOULD BE DECLARED UNCON- STITUTIONAL; MAKING SAME CUMULATIVE OF ALL ORDINANCES FT. REGULATING AND PROVIDING FOR SUCH SERVICES; PROVIDING A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fort Worth deems it necessary and finds that the preservation of the health, sanitation and safety of the public in connection with the accumulation, removal and disposal of garbage, trash and rubbish requires that certain amendments be made to the existing ordinances of the City of Fort Worth be adopted regulating and providing for same; and, WHEREAS, the City Council of the City of Fort Worth has determined that the rates and schedule of charges for the furnishing of the service of removal and disposal of garbage, trash and rubbish within the City of Fort Worth, Texas, are presently insufficient and inadequate; and, WHEREAS, an emergency exists in that it is necessary for the immediate preservation of the public health, sanitation and safety, that further provi- sions be enacted relating to the collection, removal and disposal of garbage, trash and rubbish within the City of Fort Worth, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. That Section 8 of Ordinance No. 3241 be and the same is hereby expressly repealed and amended so that hereafter the same shall read and be as follows: SECTION 8. Placing trash receptacles for collection. The receptacle for trash shall be placed at the point found and designated by the proper agent of the City as the most accessible for collecting and removing. II. That Section 9 of Ordinance No. 3241 be and the same is hereby expressly repealed and amended so that hereafter the same shall read and be as follows: SECTION 9. Charges for collection and removal - residential buildings and premises. The collection and removal of garbage and trash from houses, buildings and premises used for residential purposes shall be made twice each week, and the collection of yard trash and tree and hedge trimmings shall be made once each week. Fair and reasonable charges for this residential service shall be and are shown in terms of dollars and cents as follows: For a single family residence $1.75 For a duplex apartment building 3.00 For a garage apartment unit 1.50 Group housing - 3 or more houses on same water meter or multiple family apartment building - the charge for each house unit or apartment shall be 1.50 For a trailer occupied as a housing unit 1.50 III. That Section 10 of Ordinance No. 3241 be and the same is hereby expressly repealed and amended so that hereafter the same shall read and be as follows: SECTION 10. Business and commercial buildings and premises. The collection and removal of garbage and trash from houses, buildings, and premises used for commercial and business pur- poses shall be divided into 16 classes. Class 1-8, inclusive, shall embrace all commercial and business institutions from which garbage and trash is ordinarily removed six days each week. Class 1 A to 8 A, inclusive, shall comprise those ordinarily re- ceiving this service 3 days each week. Charges for this commercial and business service, which are fair and reasonable, shall be as follows: Class 1 $17.50 Class 1 A $8.75 Class 2 12.25 Class 2 A 6.15 Class 3 8.75 Class 3 A 4.40 Class 4 7.00 Class 4 A 3.50 Class 5 6.15 Class 5 A 3.10 Class 6 5.25 Class 6-A 2.65 Class 7 4.4o Class 7 A 2.20 Class 8 3.50 Class 8 A 1.75 After a careful survey and investigation, the business and commercial institutions in the City have been divided into fair and reasonable classifications. In the diagram or schedule here- inafter appearing, certain numbers are shown in the column under each class. Theyrepresent the minimum square feet of floor space of the particular kind of commercial or business concern for which account is taken and they are enumerated or listed with their respective designations as follows: Class Class Class Class 1 2 3 4 Buildings,garages, 1 A 2 A 3 A 4 A service stations, parking lots 100,000 70,000 50,000 4O,oOo Hotels, rooming houses, furniture 50,000 35,000 25,000 20,000 real estate, insurance, loans, abstracts, lodges, travel bureaus, etc. 33,300 23,330 16,670 13,330 Elec. supply, scien. labs, oil supply firms, cream- eries, tailor shops, mfg., binde3y, fix- tures 25:000 17,500 12,500 10,000 Theatres liquors, pool, bowling clubs 20,000 14,000 10,000 8,000 Hatters, cleaning, barber, beauty, bath, printers, engraving, reproduction, etc. 16,670 11,670 8,335 6,670 Warehouses, whole- sale, produce, frt. exp. bus depots, railroads, tires 14,285 10,000 7,145 5,715 Studios, photogra- phers, art. furn. weld- ing, auto supply, motors, dept. stores,paint stores sporting goods and unclassified 12,500 8,750 6,250 5,000 Jewelers 11,110 7,780 5,550 4,445 Optometrists, dentists, florists, shoe repair, re- tail shoes 10,000 7,000 5,000 4,000 Men's and women's clothing-dry goods 91090 6,364 4,545 3,636 Conf, candy, bakeries, fruits, cigars 5,000 3,500 2,500 2,000 Groceries, fish and meat marker 4,762 3,333 2,381 1,905 Cafes,cafeterias, sandwich shops 3,846 2,692 1,923 1,538 Drugs and pharmacies 2,439 1:707 1,220 976 Class Class Class Class 5 6 7 8 5-A 6A 7 A 8-A Buildings,garages, service stations, parking lots 35,000 30,000 25:000 25,000 Hotels, rooming houses, furniture 17,500 15,000 12,500 12,500 Real estate, in- surance, loans, abstracts, lodges, travel bureaus, etc. 11,670 10,000 8,335 8,335 Elec. supply,scien, labs, oil supply firms, creameries, tailor shops, mfg., bindeXy, fixtures 8,750 7,500 6,250 6,250 Theaters liquors, pool, bowling clubs 7,000 6,000 5,000 5,000 Hatters, cleaning, barber, beauty, bath, printers, en- graving, reproduc- tion, etc. 5,835 5,000 4,170 4,170 Waterhouses, whole- sale, produce, frt. exp. bus depots, rail- roads, tires 5,000 4,285 3,570 3,570 Studios, photogra- phers, art, furn., welding, auto supply, motors, dept. stores, paint stores, sporting goods and unclassi- fied 4,375 3,750 3,125 3,125 Jewelers 3,890 3,335 2,78o 2,780 Optometrists, dentists, florists, shoe re- pair, retail shoes 3,500 3,000 2,500 2,500 Men's and women's clothing dry goods 3,182 2,727 2,272 2,272 Conf. candy, baker- ies, fruits, cigaa 1,750 1:500 1,250 1,250 Groceries, fish and meat markets 1,667 1,428 1,190 1,190 Cafes, cafeterias, sandwich shops 1,346 1,155 962 962 Drugs and pharma- cies 854 732 610 610 The normal accumulation of garbage and trash in houses, buildings and premises used for business and commercial purposes is hereby found and determined not to exceed one cubic yard per day, and in the event that the garbage and trash to be collected from any house, building or premises exceed one cubic yard a day, then and in that event, the owner, occupant, tenant or lessee will be required to pay proportionately for the removal of such excess at a rate based upon the quantity of garbage, trash and rubbish removed and based upon the actual expense incurred in such removal, unless such garbage and trash are collected and removed under a permit duly granted and issued by the Director of the Department of Public Health. IV. That Section 16 of Ordinance No. 3241 be and the same is hereby ex- pressly repealed and amended so that hereafter the same shall read and be as follows: SECTION 16. Property, premises or buildings not otherwise covered. The owner, occupant, tenant or lessee of any property, premises or building not listed within the preceding sections of this Chapter or who does not come within any of the pre- ceding sections of this Chapter, shall be required to pay proportionately for any garbage, trash, or rubbish collected or removed from such premises or property at a rate propor- tionate to the quantity of garbage and trash so collected and removed and at a rate based upon the actual expense incurred in such collection and removal, unless such garbage and trash are collected and removed under a permit duly granted and issued by the Director of the Department of Public Health. V. That Section 17 of Ordinance No. 3241 be and the same is hereby expressly repealed and amended so that hereafter the same shall read and be as follows: SECTION 17. Minimum and maximum service to be rendered; determination of minimum charge, etc. The minimum service to be rendered in the various classes herein specified shall be once each week and a maximum of six times each week. Charges for minimum service shall be determined proportionately, depending upon the rates and classification as hereinbefore provided, except that no minimum charge shall be less than $1.75 per month, except as specifically provided in Paragraph II of this ordinance amending Section 9 of Ordinance No. 3241. VI. That Section 19 of Ordinance No. 3241 be and the same is hereby ex- pressly repealed and amended so that hereafter the same shall read and be as follows: SECTION 19. Fees to be levied by City against owner, occupant, etc.; suspension of service upon failure to pay. The charges fixed herein for the removal and disposal of garbage, trash or rubbish shall be levied by the City against such owner, occupant, tenant or lessee using or occupying any building, house or structure receiving such service, and such charges shall be collected as similar charges are collected. Any person who shall fail or refuse to pay the charge herein specified within ten days from the date same shall become due and payable is subject to having his garbage service suspended and the Director of the Department of Public Health shall be notified immediately for appropriate action in accordance with the provisions of this chapter. VII. That Section 23 of Ordinance No. 3241 be and the same is hereby ex- pressly repealed and amended so that hereafter the same shall read and be as follows: SECTION 23. Permit for private collection and disposal required. No person except a duly authorized agent or employee of the City shall empty garbage cans or trash receptacle cans or convey or transport garbage or trash on the streets, alleys, and public thoroughfares of the City without a written permit granted and issued by the Director of the Departmentcf Public Health. VIII. That Section 24 of Ordinance No. 3241 be and the same is hereby ex- pressly repealed and amended so that hereafter the same shall read and be as follows: SECTION 24. Application; information to be shown. The application for a permit required by Section 23 of this chapter shall set forth the name and address of the applicant; the trade name under which the applicant does or proposes to do business; the number of vehicles the appli- cant desires to operate; the class, size and design of each vehicle; whether or not the applicant has been convicted of a violation of any national, state, or municipal law other than minor traffic violations; whether or not the applicant, or any persons with whom he has been associated or employed have a claim or judgment against him for damages resulting from a negligent operation of a vehicle; the nature and character of the service the applicant proposes to render; the experience he has had in rendering such service; the patrons for whom he proposes to render this service, and other such information as may be re- quired. IX. That Section 25 of Ordinance No. 3241 be and the same is hereby ex- pressly repealed and amended so that hereafter the same shall read and be as follows: SECTION 25. Application for permit. Any person, firm or corporation desiring a permit for the collection, removal, transportation, or disposal of garbage, trash or rubbish shall make application for such permit to the Director of the Department of Public Health, who shall make or cause to be made such investigation as he may con- sider necessary in order to determine whether or not the public convenience and necessity warrants the granting of such permit. The Director of the Department of Public Health shall determine if the applicant is a fit and proper person to do such work or conduct such business, and may require the applicant to provide in writing any information as the Director shall desire in order to determine such facts, as well as information as to his financial responsibility in the event of claims for damages against him by persons damaged by reason of the negligent operation of any vehicle used in such work. In the event the Director is satisfied that the applicant meets the require- ments of this ordinance and is a competent and responsible person, firm or corporation, and has adequate equipment to perform such type of work, he shall issue a permit as applied for. All permits shall be nontransferable and may be rescinded by the Director at any time in his best judgment such action is deemed to the best interest of the public health and welfare. In each case where permits have been issued, evidence of such fact shall be established by the affixing in a prominent place to each vehicle for which a permit is granted a metal tag, such tag to be issued by the City annually. Each person, firm or corporation holding a permit as above described shall pay an annual fee for same based on the follow- ing scale: (1) As to collecting and transporting garbage, trash, or rubbish from permittee's premises or place of business using permittee's own equipment, the fee shall be Five Dollars ($5.00) for each vehicle so used. (2) As to collecting and transporting garbage, trash, or rubbish from any point other than permittee's premises or place of business, the fee shall be Twenty-five Dollars ($25.00) for one vehicle and Five Dollars ($5.00) for each additional vehicle so used. For any permit granted during the last six months of the City fiscal year, the fee for one vehicle shall be Twelve and 50/100 Dollars ($12.50) and Five Dollars ($5.00) for each additional vehicle. All permits shall expire at the end of each City fiscal year. X. That Section 26 of Ordinance No. 3241 be and the same is hereby ex- pressly repealed and amended so that hereafter the same shall read and be as follows: SECTION 26. Nontransferrable; revocation. All permits granted for the collection, removal and disposal of garbage, trash and rubbish shall be non- transferrable. Such permits may be rescinded by the Director of the Department of Public Health at any time for any reason that such action is deemed to be in the best interest of the public. XI. That Section 28 of Ordinance No. 3241 be and the same is hereby ex- pressly repealed and amended so that hereafter the same shall read and be as follows: SECTION 28. Duty of Director of the Department of Public Health as to inspection and enforcement of chapter. It is hereby made the duty of the Director of the Department of Public Health to make inspection trips at regular intervals to determine whether or not garbage, trash and rubbish is being properly collected, removed and disposed of as required by the provisions of this chapter or any other applicable health ordinance. In the event it is found that this chapter or any other applicable health ordinance is being violated, appropriate and timely action shall be taken to insure full com- pliance with its provisions. XII. That Sections 11, 12, 13, 14, 15 and 20 of Ordinance No. 3241 are here- by expressly repealed so that henceforth same shall be of no force and effect. XIII. Should any part, section, subsection, paragraph, sentence, clause or phrase contained in this ordinance be held to be unconstitutional, such holding shall not affect the validity of the remaining portion of the ordi- nance, but in all respects shall remain in full force and effect; and the City Council hereby declares that it would not have passed the unconstitu- tional part had it known it was invalid and that it would have passed the remaining part that is not invalid. XIV.. This ordinance shall be held and construed to be cumulative of all other ordinances affecting the health, safety, peace and sanitation of the public in the City of Fort Worth except in those instances where the provi- sions of this ordinance are in conflict with the provisions of ordinances heretofore passed, and all ordinances or parts of ordinances in conflict with the provisions of this ordinance are expressly repealed. XV. Any person, firm or corporation who shall violate any of the provi- sions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not to exceed One Hundred Dollars ($100.00), and each offense and each day's continuance of failure to comply with the ordinance shall constitute a separate and distinct offense. XVI. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication and it is so ordained. APPROVED AS TO FORM AND LEGALITY: �:KT w / Cit_ Attorney Passed and adopted this day of—SeoEl� , l F FORT WORTH Y OF FORT WORT - -S �* CITY THE SUBJECT MATTER OF THIS M.j C.C. �� n WAS PRESENTED 15 i9 CITY COUNCIL J AND W4FICE`9F THL��LfTy MANAGER Communication to Mayor and Council No.PW I-516 September 15, 1961 City Secretary Honoi-ab is an Members of the City Council Re: Amendment of Waste Disposal City of Fort Worth Rate Ordinance Mrs. McKnight and Gentjemen: A proposed waste disposal rate ordinance is transmitted herewith to im- plement the City Council 's decision to increase all waste disposal service fees by 16.67 per cent. The attached ordinance provides for making this increase and provides several other needed changes in the ordinance govern- Ing collection and disposal of refuse. The changes proposed are listed below.. 1. Update regulations governing private refuse haulers. At the pre- sent time, the Public Health Director administers the issuance of refuse collection and hauling permits, after investigation to determine the ability of applicants ,for permits to comply with the requirements of the waste disposal ordinance. A permit fee of $25.00 for the first vehicle and 0.00 for each additional vehicle is charged for commercial refuse collection firms, and $5.00 per vehicle is charged for business firms which haul their own refuse. The proposed ordinance firmly establi-shes, the procedures now in effect concerning processing of applications for such permits. 2. Elimination of specific reference to the rate charged to institutions. The present rate ordinance refers specifically to a minimum rate for churches, schools, colleges, universities, country clubs, and lodges and fraternal organizations. Thee m i e- imum rate established for each of these' institiitions 1s as follows: I . Churches - $0.95 (The minimum amount actually paid now is $1 .25) 2. Schools - $6.25 3. Colleges and Universities - $6.25 4. Country Clubs, - $6.25 5. LoOges and Fraternal organizations - $0.95* (The minimum amount actually paid now is $1 .25) _ OFFICIAL REC6 ,10 CITY SECRET Y FT. WORTH, T . MSC PW1-516 September 15, 1961 Page 1*2 The proposed ordinance makes no specific reference to the institu- tions listed above, which will, in effect, apply,the same $1 .75 minimum rate proposed for residences and other types -of building uses, except apartments. The actual rate will continue to be based on the volume of refuse collected and the frequency of collection. 3. Clarification of wording. The proposed ordinance also includes several wording modifications which clarify and streamline the present ordinance and make it more adaptable to current practices, without changing its basic provisions. Action by the City Council on the. attached ordinance is needed to implement the new rate for waste collection service-established by the City Council . Respectfully submitted, C ingham City Manager LPC:vg Attach. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TEX.