HomeMy WebLinkAboutOrdinance 25391-03-2022 ORDINANCE NO.25391-03-2022
AN ORDINANCE AMENDING CHAPTER 12.5
"ENVIRONMENTAL PROTECTION AND COMPLIANCE, OF
THE CODE OF THE CITY OF FORT WORTH (2015), AS
AMENDED, BY AMENDING ARTICLE VIII "SOLID WASTE
AND RECYCLING", DIVISION 4 "DEPOSIT, RATES AND
COLLECTION", SECTION 12.5-841.2 "COMMERCIAL
GARBAGE COLLECTION FEES" TO INCREASE THE
COMMERVIAL GARBAGE COLLECTION RATES; 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, the City Code Section 12.5-841(a) provides that the City Council shall
establish rates for solid waste collection services; and
WHEREAS, on August 7, 2003, under M&C No. G-14046, the City Council adopted
ordinance No. 15632, establishing a variable rate structure for commercial garbage
services based on frequency of service effective September 1, 2003; and
WHEREAS, on October 26, 2004, under M&C No. G-14564, the City Council adopted
ordinance No. 16188, which amended section 12.5 of the City Code by adding section
12.5-841.2 Commercial Garbage Collection Fees and adopted rates; and
WHEREAS, since the adoption of 12.5-841.2, the commercial garbage collection rates
have not increased; and
WHEREAS, the City wishes to increase the commercial garbage collection rates to help
recover the cost of the City having to administer the Solid Waste program, and to
continue to provide services that benefit the commercial businesses and community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH:
SECTION 1.
Chapter 12.5, "Environmental Protection and Compliance", Article VIII, "Solid
Waste and Recycling", Division 4: "Deposits, Rates and Collection", Section 12.5-841.2,
"Commercial Garbage Collection Fees" of the Code of the City of Fort Worth (2015), as
amended, is hereby amended to increase the monthly rates, to read as follows:
Ordinance No.25391-03-2022
Page 1 of 2
12.5-841.2 COMMERCIAL GARBAGE COLLECTION FEES
The following commercial garbage collection fees are adopted based on ninety-six-gallon
carts:
Frequency of Service Monthly Rate(Plus Sales Tax)
1 X per week $38
2 X per week $49
3 x per week $64
4 x per week $81
5 x per week $101
6 x per week $125
SECTION 2.
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 3.
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 4.
This ordinance shall take effect on April 1, 2022.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
�fi.sa(a Acsf�.ir '75, �dd�
ette S.Goodall(Mar 14,2022 09 CDT)
Christopher Austria Jannette S. Goodall "``►1
Assistant City Attorney City Secretary y OF F !QT
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ADOPTED: March 8, 2022
O
EFFECTIVE: April 1, 2022
Ordinance No.25391-03-2 qs.
Page 2 of
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/08/22 M&C FILE NUMBER: M&C 22-0167
LOG NAME: 23COMMERCIALGARBAGECOLLECTIONFEES
SUBJECT
(ALL)Adopt an Ordinance Amending Chapter 12.5, Environmental Protection and Compliance,Article VIII,Solid Waste and Recycling,Division 4,
Deposits,Rates and Collection,Section 12.5-841.2,of the City Code to Increase the Commercial Garbage Collection Fees
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 4, Deposits,Rates and Collection,Section 12.5-841.2,of the City Code to increase the Commercial
Garbage Collection Fees.
DISCUSSION:
On August 7,2003, the City Council adopted ordinance No. 15632(M&C No.G-14046),establishing a variable rate structure for commercial
garbage services based on a frequency of service. The current terms of the Residential Collection Program(Program)allows for residential
garbage cart service to be provided to a qualified Fort Worth small commercial business.These small commercial businesses do not have a need
for a commercial garbage dumpster or may not have available space for a dumpster;therefore,servicing them with carts is a more efficient
solution.On September 30,2020,the City's consultant, Burns&McDonnell submitted a report recommending the City consider generating
additional revenue from commercial entities that would equitably redistribute the financial responsibility of solid waste programs to prepare for the
development,capital and operational costs of a future landfill,as well as on-going solid waste and recycling programs.
Since 2003,the City has not increased the rates for commercial garbage services. To help recover the cost of the City having to administer the
solid waste program,the Code Compliance Department,upon recommendation from its consultant, is recommending that the City Council adopt
the attached ordinance,which increases the fees small commercial businesses pay for weekly garbage collection by$15.00 per cart for all
existing and new commercial accounts beginning April 1,2022. The fees will remain in the Solid Waste Fund to offset the current cost of services.
Increased revenue from the City's current commercial accounts are estimated at$250,000.00 at 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.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-W. Valerie Washington 6199
Originating Business Unit Head: Brandon Bennett 6322
Additional Information Contact: David B.Carson 6336
Expedited