HomeMy WebLinkAboutOrdinance 24532-11-2020 ORDINANCE NO.24532-11-2020
AN ORDINANCE AMENDING CHAPTER 12.5 ", ARTICLE VIII
"SOLID WASTE AND RECYCLING", OF THE CODE OF THE
CITY OF FORT WORTH (2015), AS AMENDED, BY AMENDING
DIVISION 5 "PRIVATE COLLECTORS", SECTION 12.5-851
"PRIVILEGE AGREEMENT APPLICATION, SECTION 12.5-856
"PAYMENT OF FEES/QUARTERLYREPORTS/ANNUAL
REPORT" AND SECTION 12.5-858 "HAULING PERMIT
APPLICATION"; MAKING THIS ORDINANCE.CUMULATIVE
OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES
AND PROVISIONS OF THE FORT WORTH CITY CODE IN
CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in 1999 the City Council enacted Ordinance No. 13555 to require a non-
exclusive grant of privilege fee and agreement for private collectors of Solid Waste doing
business in the City; and
WHEREAS, since the Ordinance's enactment, the fees required for such grant of
privilege have not been increased; and
WHEREAS, on September 30, 2020, the City's consultant, Burns & McDonnell
submitted a report recommending the City increase its grant of privilege fee from five
percent(5%)to ten percent(10%)based on a benchmark of other Texas cities' fee; and
WHEREAS, the City wishes to increase the fee for the grant of privilege to help recover
the true cost of the City having to administer the Solid Waste program,provide additional
services that benefit the commercial businesses and community and help maintain the
City's infrastructure which private collectors utilize to do business.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH:
SECTION 1.
That Section 12.5-851, "Privilege Agreement Application", Article VIII "Solid Waste
and Recycling", of Chapter 12.5 of the Code of the City of Fort Worth (2015), as
amended,is hereby amended as follows:
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 a privilege agreement at the City of Fort Worth's
Code Compliance Department, Solid Waste Division.
(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, collection body type (i.e.
automated side loader, front end loader, rear loader, roll-off, and grapple/boom) and
fuel type (i.e. Diesel, CNG)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 the Director of the Code Compliance
Department.
SECTION 2.
That Section 12.5-856, "Payment of Fees/Quarterly Report/Annual Report", Article VIII
"Solid Waste and Recycling", of Chapter 12.5 of the Code of the City of Fort Worth
(2015), as amended, is hereby amended as follows:
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 shall be ten percent(10%) 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.
SECTION 3.
That Section 12.5-858, "Hauling Permit Application", Article VIII "Solid Waste and
Recycling", of Chapter 12.5 of the Code of the City of Fort Worth (2015), as amended, is
hereby amended as follows:
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 of Fort Worth's Solid Waste 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 this application;
(4) Make, model, year and license plate number, collection body type (i.e.
automated side loader, front end loader, rear loader, roll-off, and grapplelboom) and
fuel type (i.e. Diesel, CNG) of each vehicle that the applicant will use to collect or
transport municipal solid waste;
(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 Director of the Code Compliance
Department.
(c) Each applicant in the business of transporting solid waste shall sign a solid waste
transportation certification as required by the Texas 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.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (2015), 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.
SECTION 5.
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.
This ordinance shall take effect on January 1, 2020.
APPROVED AS TO FORM AND LEGALITY:
C;lrr�iw-Re02&12: 4CST)s�
Christa R.Lopez-Reynold (Nov 20,202 2:44 CST)
Christa R. Lopez-Reynolds Mary J. Kayser
Sr. Assistant City Attorney City Secretary
ADOPTED: November 17th, 2020
�.���ART
Ix
U O�
�XAs.
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 11/17/20 M&C FILE NUMBER: M&C 20-0838
LOG NAME: 23GRANT OF PRIVILEGE FEE INCREASE
SUBJECT
(ALL)Adopt an Ordinance Amending Chapter 12.5 Environmental Protection and Compliance,Article VIII Solid Waste and Recycling,Division 5
Private Collectors to Amend the Grant of Privilege Fee and Application
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 12.5 Environmental Protection and Compliance,Article
VIII Solid Waste and Recycling, Division 5 Private Collectors to amend the grant of privilege fee from 5 percent to 10 percent of total gross hauling
revenue and amend the application.
DISCUSSION:
Private solid waste haulers collect virtually all of the municipal solid waste generated by businesses,industries,and apartment complexes in the
City of Fort Worth.A hauling permit is required for collection vehicles as well as a grant of privilege from the City.
Private waste haulers are required to obtain a non-exclusive grant of privilege agreement with the City in order to collect and transport municipal
solid waste within the City limits.These agreements allow haulers to use public streets,alleys,and thoroughfares within the City for the purpose of
engaging in the business of collection of solid waste.Additonally,private waste haulers are required to pay a fee for the use of the City's
infrstructure currently equal to five percent(5%)of the total gross hauling revenue.
On September 30,2020,the City's consultant,Burns&McDonnell submitted a report recommending the City increase its grant of privilege fee
from five percent(5%)to ten percent(10%)based on a benchmark of other Texas cities'fee.
This ordinance will increase the fee private waste haulers who are granted a non-exclusive grant of privilege agreements have to pay the City on a
quarterly basis from five percent(5%)to ten percent(10%)of their gross revenues generated from their municipal solid waste collection
operations within the City,not including collection of source-separated recyclables. Five percent(5%)of the fee relates to the impact of vehicles
used for solid waste collection on City streets and is transferred to the General Fund for street maintenance.The remaining five percent(5%)will
remain in the Solid Waste Fund to offset the current cost of services. In addition to the fees,haulers will also be required to provide the City with
information about volumes and types of materials that are being collected and transported.Revenue from this agreement is estimated at
$3,000,000.00 annually.
This serves all COUNCIL DISTRICTS.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and amendment to the ordinance,funds will be deposited into
the Solid Waste Fund and the General Fund. The Code Compliance Department(and Financial Management Services)is responsible for the
collection and deposit of funds due to the City.
Submitted for City Manager's Office by: Valerie Washington 6199
Originating Business Unit Head: Brandon Bennett 6322
Additional Information Contact: David B.Carson 6336