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Ordinance 17225-10-2006
ORDINANCE NO. 17225-10-2Qt)6 AN ORDINANCE AMENDING THE CODIE OF THE CITY OF FORT WORTH (1981;}, AS Ai1fiENDED, BY THE AMENDMENT OF CHAPTER 12.s, "ENVIRONMENTAL PROTECTION AND COIViPLIANCI=," ARTICLE VIII, "SOLID WASTE AND RECYCLING," DIVISION 4, "DEPOSITS, RATES AND COLLECTION"; AMENDING SECTION 12.5- 841.9 "RESIDENTIAL COLLECTION FEES"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES; PROVIDING A SIwVERABILITY CLAUSE; PROVIDING A SAVINGS CLAt3SE; AND PROVIDING AN EFFECTIVE DATi=. WHEREAS, Section 12.5-841 (a) of the City Code (the "Code"} provides that the City Cauncii shall establish rates for solid waste collection services; and WHEREAS, the Code provides that the Environrr~ental Management director shall charge customers rates pursuant to such schedules. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEAS, THAT: SECTION 1. Part II "Code", Chapter '12.5 "Enviranmentai Protection and Compliance", Article Vill, "Solid Waste and Recycling," Division 4, "Deposits, Rates and Collection", Section 12.5- 841.1, "Residential Collection Fees" of the Cnde of the City of Fort Worth (1986}, as amended shall further be amended to read as follows: Section 12.5-841.1 Residential Coileciion Fees The fallowing residential collection fees are adopted: SERVICE RATE (Pius Sales Tax} Residential Curbside- 32 Gallon Cart $12.75 per month Residential Curbside- 64 Galion Cart $17.75 per month Residential Curbside- 96 Callan Cart $22.75 per month Elective Carryout Additional $30.00 per mon#h above Cart Rate disabled Carryout Cart Rafe with no additional cast based on ualificatian IWxcess Bulky Waste and Brush Collection $75.t?0 per 5 cubic yards over 10 cubic yards (on a one time monthly basis) and $65.00 per 5 cubic yards thereafter, u to 30 cubic arils Excess Bulk Waste and Brush Collection To be determined by the ©irec#or CRL09.21.05v2 far piles over 30 cubic yards based upon City Co!lectar's fee and Ci ~ administration costs Out-af-Cycle and Contaminated Bulky $75.1)0 per i3 cubic yards and $G5.00 Waste Pile Gallection per 5 cubic yards thereafter, up to 30 Cubic yards ($75.0{3 shaii be minimum char ed to household Cart Delivery-exchange 1*ee One exchange per year per household at no cost; thereafter $5.00 er re nest Pay~Bag $3.00 per bag with minimum urChase of 5 ba s Optional 96 Gallon Yard Trimmings Cart $75.00 Ualation Ba Tag $1 D.00 er bag Nothing Out Trip Char e $45.00 per incident S~CT~bN 2. This ordinance shaii be cumulative of ail provisions of ordinances and of the Gode of the City of Port Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct Canfiict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Cade are hereby repealed. SECTION 3. It is hereby declared to be the intention of the Gity 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 shat! be deciared unconstitutionai 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 Caunci! without the incorporation in this ordinance of any such uncons#itutianai phrase, clause, sentence, paragraph or section. S~CTIUN 4. The City Secretary of the City of For# Worth, Texas, is hereby directed to publish the caption and effective date of this ordinance for five (5) days in the officio! newspaper of the City of Port Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Port Worth, Texas and by Section 52.{313, Texas (~ocal Government Code. CRL09.21.06v2 5ECTION 5. This ordinance shall be in full farce and effect from and after October 1, 2Dp6 and it is sa ordained. This Ordinance shall take effect upon adoption as required by law. APPROVI=D AS TC) Ft)RM AND LEGALITY: Assists Gity Attorney ADOPTS©: October 3 2006 GRL09.21.06v2 Cif ®f F®rt ®r~f~~ T"exa~ COUNCIl. ACTION; Approved on 10!312006 -Ordinance No. 17225-10-2806 ®ATE; Tuesday, October 03, 2006 LOG NAME. 520607SWRATES REFERENCE NO.» G-15435 SllBJECT» Adopt Ordinance Amending Chapter 12.5, Solid Waste Rates Effective October 1, 2006 Article VII[ "Solid Waste and Recycling" and Approve RECOMMEN~ATIioN: It is recommended that the City Council: 1. Adopt the attached ordinance amending Chapter 12.5, Article VIII "Solid Waste and Recycling" of the City Cade (1986) effective October 1, 2006; and 2. Approve the following rates effective October 1, 2006 as provided for in the amended Section 12.5841, of the City Code: CART SIZE CURRECT SASE RATE NEW BAST= RATE (Plus Texas Safes Tax) (Plus Texas Sales Tax} 32 gallon $11.45 $12.75 64 gallon $16.45 $17.76 96 gallon $21.45 $22.75 Optional Yard Cart Purchase : One time fee of $75.00 includes assembly and maintenance of cart but does not include replacement if cart is Inst or stolen. ®ISCUSSI©N: On November 5, 2002, the City Council approved the new solid waste service program and awarded vendor contracts to implement the program effective March 31, 2003. One of the goals of the new program is to increase the City's landfill diversion rate by expanding the current recycling program and adding a yard trimmings collection program. To provide residents the incentive to recycle more, a "pay-as-you-throw" system was recommended. Under the program, residents who recycle more can select a smaller garbage cart size and reduce the amount they pay for service each month. Residents may order one additional cart should their waste generation indicate the need for additional capacity. The base rate for garbage service includes once-a-week collection of garbage and recyclable materials in carts, once-a-week collection of yard trimmings in paper bags or yard cart, weekly collection of up to 10 cubic yards of brush placed curbside, monthly collection of up to 10 cubic yards of bulk, and cart maintenance. Effective October 1, 2006 the rate increase of $1.30 per month includes full cost recovery of program casts including annual contract rate adjustments, increased disposal cost and other administrative increases approved in the FY 06-07 budget adopted by City Council. By amending the Code, residents will have the option of purchasing a 96-gallon yard trimmings cork at the increased price of $75.00 (current price is $50.00) which includes assembly and repair/maintenance of the Lognarne: 520607~WRATES Page 1 of 2 cart but does not include replacement if the cart is lost or stolen. The yard trimming cart is used for the weekly collection of yard waste in lieu of purchasing kraft bags. The purchase price includes full recovery of manufacturing costs (MB~C C-21259, January 19, 2000} and associated contract rate adjustments and maintenance of the carts for the term of the City's maintenance contract with the cart manufacturer. FISCAL INFORAl1AT1ONlC~RTIFICATION: The Finance Director certifies that the Water Department, as billing agent, is responsible for the collection of funds from solid waste customers. Revenues will be deposited in the Solid Waste Fund. TO FundlAccountlCenter5 FROM FundlAccountlCenters PE64 464032 0525001 2 837 047.00 Sulsmitted for City Mana er`s Office b : Libby Watson (6183} Qri~inatina ~er~artment Head: Brian Baerner (6647) Additions[ Information Contsct: -Kim Mote (5153) Logname: 524607SWR~TES Page 2 of 2