HomeMy WebLinkAboutOrdinance 17655-07-2007ORDINANCE NO. 17655-07-2007
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS
AMENDED, BY THE AMENDMENT OF CHAPTER 12.5, "ENVII20NMENTAL
PROTECTION AND COMPLIANCE", ARTICLE VHI, "SOLID WASTE AND RECYCLING",
BY THE AMENDMENT OF DIVISION 1, "GENERAL PROVISIONS", SECTION 12.5-800
"DEFINITIONS"; AND AMENDING DIVISION 2 "HOUSEHOLD COLLECTION", SECTION
12.5-821 "CITY HOUSEHOLD COLLECTION SERVICE", SUBSECTIONS (b) AND (c); AND
FURTHER AMENDING SAID CHAPTER BY THE AMENDMENT OF DIVISION 4,
"DEPOSITS, RATES AND COLLECTION", SECTION 12.5-840 "DEPOSITS", SUBSECTIONS
(c), (d) and (e); PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $2,000.00 FOR EACH OFFENSE
IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING
AN EFFECTIVE DATE.
WIIDREAS, Section 12.5-821 of the .City Code mandates that single-family residences, duplex residences, garage
apartments, and mobile homes or trailers occupied as dwelling units use city household collection services for solid
waste pickup;
WHEREAS, the use of the City's household collection services is optional for multi-family dwelling buildings and
complexes containing three (3) or more dwelling units; and for any mobile home park whose drinking water supply
is provided by well water or is provided by the city through a common meter;
WEIEREAS, private condominium and/or town home developments are currently not specifically exempted under
the City Code from the use of the City's household collection services, however these developments are not always
able to obtain the City's household collection services unless they are built substantially to the same standards for
residential collection serviceability as single-family residential areas;
WHEREAS, the City would like to provide household collection services for private condominium and/or town
home developments under certain terms and condition which would allow for access in the development; and
WTIDREAS, the City desires to maintain consistency in the use of carts for garbage and recycling collection in
single-family style communities where practicable throughout the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, AS FOLLOWS:
SECTION 1.
That Part II "Code", Chapter 12.5 "Environmental Protection and Compliance", Article VIII, "Solid
Waste and Recycling", Division 1, "General Provisions", Section 12.5-800, "Definitions", of the Code of the City of
Fort Worth (1986), as amended, is hereby further amended by the addition of the following term in alphabetical
order:
Private Community means 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.
SECTION 2.
And further that Part II "Code", Chapter 12.5 "Environmental Protection and Compliance", Article VIII, "Solid
Waste and Recycling", Division 2, "Household Collection", Section 12.5-821, "City Household Collection
Services" Subsection (b) of the Code of the City of Fort Worth (1986), as amended, is further amended to read as
follows:
ORDINANCE FOR PRIVATE COMMUNITIES
CRL 07.11.07V5
(b) The use of city household collection services shall be optional for:
(1) Multi-family dwelling buildings and complexes containing three (3) 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 common meter; and
(3) Private Communities pursuant to Section 12.5-821(f) below.
Furthermore, Section 12.5-821, "City Household Collection Services", of the Code of the City of Fort Worth (1986),
as amended, is further amended to include Subsection (f) as follows:
(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 be designed, 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 household collection services.
Type of access and accessibility of collection trucks to the Private
Community from city streets;
ii. Whether the streets and/or alleys within the Private Community are constructed
to city standards;
iii. Availability of access by collection trucks to each Service Unit in the Private
Community; and
iv. 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 f(2) 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.
SECTION 3.
And further that Part II "Code", Chapter 12.5 "Environmental Protection and Compliance", Article VIII, "Solid
Waste and Recycling", Division 4, "Deposits, Rates and Collection", Section 12.5-840, "Deposits", beginning at
Subsection (c) of the Code of the City of Fort Worth (1986), as amended, is further amended to read as follows:
(c) Prior to the start of service, a Private Community with a written agreement for city household collection
services shall make a minimum deposit of the existing deposit rate listed in § 12.5-840(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
judgment, the larger amount is necessary 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 no delinquent payments for a period of twelve (12) consecutive months.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth,
Texas, (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of
such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
ORDINANCE FOR PRIVATE COMMUNITIES
CRL 07.11.07V5
SECTION S.
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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
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 unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who
resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars
($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 7.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the
provisions of the ordinances amended herein, 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 ordinances, same shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts.
SECTION 8.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 20 of
this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2,
Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013, Texas Local Government Code.
SECTION 9.
This ordinance shall be in firIl force and effect after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM:
CHRISTA R. OPEZ
ASSISTANT CITY ATTORNEY
DATE: July 17, 2007
ORDINANCE FOR PRIVATE COMMUNITIES
CRL 07.11.07V5
Page 1 of 2
~®ty of Fort Worth, 7°exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/17/2007 -Ordinance #17655-07-2007
DATE: Tuesday, July 17, 2007
LOG NAME: 520RD PRIV COMM
REFERENCE NO.: *~G-15786
SUBJECT:
Adopt an Ordinance Amending Chapter 12.5, Article VIII "Solid Waste and Recycling" of the City
Code for the Provision of Residential Solid Waste Services to Private Communities
- ---~-
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 12.5, Article VIII
"Solid Waste and Recycling" of the Code of the City of Fort Worth (1986) for the provision of residential
Solid Waste Services to Private Communities upon written agreement with the City.
DISCUSSION:
Since the implementation of the new solid waste services program in 2003, several private communities
have requested City Household Collection Service. However, certain issues such as infrastructure and
accessibility have arisen. Where collection services can be feasibly provided in a manner substantially the
same as the current service provided to single-family residential areas, Environmental Management has
agreed to provide service. When service can not be provided in a similar manner, Environmental
Management has declined providing service. In an effort to formalize this process and to maintain
consistency with similarly situated customers, an amendment to the City's Code provisions related to Solid
Waste and Recycling is needed. The changes to Chapter 12.5, Article VIII of the City Code reflect
modification to the solid waste service plan.
Substantive changes to the City Code are: Section 12.5-800 "Definitions" provides for the definition of a
Private Community to be 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.
Section 12.5-821 "City Household Collection Service" subparagraph (b) is amended to reference an option
for residential solid waste collection service to be provided to Private Communities by the City; and
Section 12.5-821 "City Household Collection Service" subparagraph (f) is added to allow a Private
Community to request collection services from the Director of Environmental Management upon proof that
its infrastructure is or shall be designed, constructed and maintained in a way that would allow for such
service. After consideration, the Director may enter into a written agreement for such service.
Section 12.5-840 "Deposits" is amended to require a Private Community with a written agreement for City
collection service to make a minimum deposit equal to the existing deposit rate for residential units
multiplied by the total number of households in the Private Community.
Administrative changes to the City Code relating to the procedure to request service and the appeal
process have also been made.
FISCAL INFORMATION/CERTIFICATION:
http://www.cfwnet.org/council~acket/Reports/mc~rint.asp 7/17/2007
Page 2 of 2
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office bk
Originating Department Head:
Additional Information Contact:
Libby Watson (6183)
Brian Boerner (6647)
Brian Boerner (5153)
http://www.cfwnet.org/council~acket/Reports/mc~rint.asp 7/17/2007