HomeMy WebLinkAboutOrdinance 25392-03-2022 ORDINANCE NO. 25392-03-2022
AN ORDINANCE AMENDING CHAPTER 12.5,
"ENVIRONMENTAL PROTECTION AND COMPLIANCE", OF
THE CODE OF THE CITY OF FORT WORTH (2015), AS
AMENDED, BY AMENDING THE OUT-OF-CYCLE- AND
CONTAMINATED BULKY WASTE PILE COLLECTION RATE
IN ARTICLE VIII "SOLID WASTE AND RECYCLING",
DIVISION 4 "DEPOSITS, RATES AND COLLECTION", SECTION
12.5-841.1 "RESIDENTIAL COLLECTIONS FEES", TO
INCREASE THE RATE; 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, Section 12.5-841(a) of the City Code provides that the City Council shall
establish rates for solid waste collection services; and
WHEREAS, and the Code provides that the City shall charge customers for the solid
waste services received pursuant to such rates; and
WHEREAS, on October, 26, 2004 under Ord. No. 16188, City Council adopted and
approved rates regarding the collection of out-of-cycle bulky waste and brush piles,
oversized bulky waste and brush piles pay bags and violation tags; and
WHEREAS, the City has not increased the out-of-cycle and contaminated bulky waste
pile collection rate in 12.5-841.1 of the City Code since 2004; and
WHEREAS, the City seeks to increase the out-of-cycle and contaminated bulky waste
pile collection rate in 12.5-841.1 to address the increased administrative costs related to
the out-of-cycle and contaminated bulky waste piles.
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 12.5-841.1,
"Residential Collection Fees", of the Code of the City of Fort Worth (2015), as amended,
is hereby amended to increase the out-of-cycle and contaminated bulky waste pile
collection rate, to read as follows:
Ordinance No.25392-03-2022
Page 1 of 2
12.5-841.1 RESIDENTIAL COLLECTION FEES
Out-of-cycle and $123.52 per 5 cubic yards and$107.40 per 5 cubic yards
contaminated bulky waste thereafter,up to 30 cubic yards($123.52 shall be
pile collection minimum charged to household)
The rates for all other services in Section 12.5-841.1 shall remain the same.
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:
s
;affiette S.Goodall(Mar 14,2022 09 CDT)
Christopher Austria Jannette S. Goodall
Assistant City Attorney City Secretary F
of ..ART
A
ADOPTED: March 8, 2022 A,;'
13
EFFECTIVE: April 1,2022
jXL,AS.
Ordinance No.25392-03-2022
Page 2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/08/22 M&C FILE NUMBER: M&C 22-0168
LOG NAME: 23RESIDENTIALNONCOMPLIANTBULKCOLLECTIONFEES
SUBJECT
(ALL)Adopt an Ordinance Amending the Service Rate for the Out-of-Cycle and Contaminated Bulky Waste Pile in Chapter 12.5,Environmental
Protection and Compliance,Article VIII,Solid Waste and Recycling,Division 4, Deposits,Rates and Collection, Section 12.5-841.1, Residential
Collection Fees
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the service rate for the out-of-cycle and contaminated bulky waste
pile in Chapter 12.5, Environmental Protection and Compliance,Article VIII, Solid Waste and Recycling, Division 4,Deposits, Rates and
Collection, Section 12.5-841.1, Residential Collection Fees
DISCUSSION:
On August 5,2004,the City Council adopted a new collection schedule which calls for weekly collection of brush and monthly collection of bulky
waste. On October,26,2004, under Ord.No. 16188,City Council adopted and approved rates regarding the collection of out-of-cycle bulky waste
and brush piles,oversized bulky waste and brush piles pay bags and violation tags. Since 2004,the rate for out-of-cycle and contaminated bulky
waste pile collection has not changed.
Under the rules of the Bulk Waste Program(Program), residents are required to put their bulk materials out for collection by Monday at 7am of their
assigned bulk week. Residents are also responsible for only putting out materials that are accepted in the bulk waste program. Bulk materials set
out at the wrong time are considered"out-of-cycle"and bulk materials set out that are not allowed in the program are considered"non-compliant'.
Residents who set out`but-of-cycle"and"non-compliant'piles cost the City of Fort Worth(City)money,time and resources as Code Officers, Call
Center staff and Solid Waste staff must issue notices of violation,answer resident calls,process paperwork and in some cases collect the pile.In
addition the City must pay Waste Management to collect the piles that are not abated by the resident. In order for the City to be able to recover
more of its administrative costs related to these out-of-cycle and contaminated bulky waste piles,the attached ordinance increases the
fee residents pay for these types of piles and will become effective on April 1,2022.
The attached ordinance will amend section 12.5-841.1 of the City Code to increase the out-of-cycle and contaminated bulky waste pile collection
rate as follows:
• From$75.00 per 5 cubic yards and$65.00 per 5 cubic yards thereafter, up to 30 cubic yards($75.00 shall be minimum charged to
household)
• To $123.52 per 5 cubic yards and$107.40 per 5 cubic yards thereafter,up to 30 cubic yards($123.52 shall be minimum charged to
household)
The rate for all other services in Section 12.5-841.1 will remain the same.
The fees will remain in the Solid Waste Fund to offset the current cost of services.Revenue from the increased fee is estimated at$1,231,250
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 by: Valerie Washington 6199
Originating Business Unit Head: Brandon Bennett 6322
Additional Information Contact: David B.Carson 6336