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HomeMy WebLinkAboutOrdinance 6506 ORDINANCE NO. 6506 AN ORDINANCE AMENDING CHAPTER 16 OF THE FORT WORTH CITY CODE (1964) , AS AMENDED, WHICH CHAPTER REGULATES SOLID WASTE COLLECTION, FEES AND DISPOSAL, BY AMEND- ING SEC. 16-6 SAME SIZE AND CONSTRUCTION; REPLACE- MENT, SO THAT SAME SHALL PROVIDE FOR ADDITIONAL TYPES OF CONTAINERS; BY AMENDING SEC. 16-8 SAME -- PLACING FOR COLLECTION; BY AMENDING SEC. 16-9 REQUIREMENT AND PROHIBITIONS CONCERNING COLLECTION OF VARIOUS TYPES OF REFUSE; BY AMENDING SEC. 16-10 CHARGES FOR REFUSE REMOVAL SERVICE -- COMPULSORY FOR SINGLE FAMILY RESI- DENCES AND DUPLEXES; OPTIONAL FOR GROUP HOUSING, SO THAT SAME SHALL PROVIDE FOR RATE INCREASES AND REMOVAL t OF CONTAINERS FROM FP ONT YARDS; BY AMENDING. SEC- 16-19 DUMPING FEES, BY DELETING THE PROVISION FOR COMPACTOR .} TYPE VEHICLES AND BY CHANGING THE FEE PERTAINING TO REFUSE CONTAINER VEHICLES; MAKING THIS ORDINANCE. CUMU- LATIVE OF PRIOR ORDINANCES; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 16-6 of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended so that hereafter same shall be and read as follows: "Sec. 16-6 Same --- Size and Construction; Replace- ment "Each owner, occupant, tenant or lessee re- ceiving refuse collection service shall protide suitable leakproof refuse containers for garbage and trash of not less than ten nor more than tbirty gallons capacity, constructed of substantial material and maintained in good condition, with tight fitting lid or cover. These containers are to be used for storage of household garbage and refuse. DLen con- tainers deteriorate so as to become hazardous or non- leakproof, they shall be replaced. Plastic or paper bags designed specifically as disposable refuse con- tainers are pto be used for the disposal of household garbage and to and placed at the alley line, curb- line or at a point adjacent to the dwelling place. The plastic or paper bags shall be weatherproof, of sufficient strength to resist tearing under normal 4 handling, and tied or crimped securely when placed for collection, The Sanitation Superintendent shall have the authority to require substitutions when he or his representative decides that the type of bags used are inadequate fcr the intended service. Refuse cans, can racks or permariew- or semi-permanent refuse holders of any nat.ure shall not be placed or allowed to remain on the public right-of-way at any time. " SECTION 2 , That Section 16-8 of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended so that hereafter same shall be read as follows- "Sec. 16-8 Same - Placing fc.r Collection "Curb/Alley Line Service, If the building, house, structure or premises from which household refuse is to be collected and ,.-emoved is adjacent to the alley, the owner, occupant, tenant or lessee of such premises shall place household refuse and grass clippings in approved plastic or paper disposable bags at a .P oint adjacent to his alley on the scheduled pickup day or no earlier than 6:00 P.M. on the day preceding the sched- uled pickup dav, but if there is no alley adjacent to his premises or if the alley has been abandoned for the purpose of refuse collection, he shall place household refuse in approved plastic or paper disposable bags at a point adjacent to the front curb thereof on the scheduled pickup day or no earlier than 6-00 P.M. on the day preced- ing the scheduled pick,_ip day. "Collector Ca Nast Service, If collector carryout service is selected, then the owner, occupant, tenant or lessee of the building, house, structure or premises from which household ref-use is to be collected shall place household refuse in -approved plastic or, paper bags at a point. adjacent to the dwelling place. The plastic or paper bags shall be tied or crimped securely and re- moved from refuse cans pfior to the arrival .of the Sani- tation Collector on the scheduled collection day. "The individual customer may choose either of the above options. However, the Sanitation Superintendent shall have the authority to designate the location of such place- ment, taking into consideration, among other things, con- venience to collection crews, convenience to the customer, hazardous conditions such as electric wiring, danger of the collector being bitten by household pets, etc." - 2 - SECTION 3. That Section 16--9 of the Code of the City of Fort Worth (1964) , as amended,, be and the same is hereby amended so that hereafter same shall be and read as follows: "Sec. 16•-9 Requirement and Prohibitions Concerning Collection of. Various Types of Refuse * k * " (b) Yard Trash. Yard trash shall be placed at the curbline in suitable disposable containers such as plastic or paper bags, sacks, boxes, etc., but in no instance ex.7eeding thirty gallon capacity; and shall be collected on collection days specified by the Sanitation Superintendent. " (c) Brush. Brush shall be reduced t-o shapes that can be readily handled by collectors and placed at the curbline, and shall be collected on collection days specified by the Sanitation Superintendent. * * * " (f) Large Appliances and Trees. Discarded ap- pliances and trees shall be placed at the curbline, and shall be collected on collection days specified by the Sanitation Superintendent, * * *11 SECTION 4 That Section 16-10 of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended so that hereafter same shall be and read as follows: "Sec. 16-10 Charges for Refuse Removal Service -- Compulsory for Single-Family Residences and Duplexes; Optional for Group Housing "Use of City garbage and refuse collection and brush removal service and payment of the fees set out below for such service shall be mandatory for single family residences, each unit of duplex apartment build- ings, garage apartments and mobile homes or trailers oc- cupied 'as dwelling units. The monthly fees for household garbage and refuse collection and brush removal service shall be as follows: - 3 Curb/Alley Collector Carryout Type Line Service Service Single-family Residences $2.50 per mo. $5.00 per mo. Duplex Apartment 2.50 per mo. 5.00 per mo. (per dwelling unit) (per dwelling unit) (per dwelling unit) Garage Apartment Unit. 2.50 per mo. 5.00 per mo. Trailer/Mobile Home Dwelling Unit 2.50 per mo. 5.00 per mo. Residential Building 2.50 per mo. 5.00 per mo. or Complexes, Etc. (per dwelling unit) (per dwelling unit) "The use of City garbage and refuse collection and brush removal shall be optional for residential buildings or complexes which include three or more dwelling units." SECTION 5. That Section 16-19 of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended so that hereafter same shall be and read as follows: "Sec. 16-19 Dumping Fees " (a) Persons disposing of refuse at any City operated disposal site, incinerator, dump or sanitary landfill, includ�ng perso-,s holding a vall.d permit for private coliectic.) and disposal of refuse, shall pay a dumping fee for each and every load of refuse ,dumped or deposited in accordance with the schedule of charges set out below, These charges shall not be applied to loads of refuse collected by the Texas Highway Depart- ment from rights-of-way of public streets and highways, nor to disposal of refuse resulting from the activities of any department of the city government. Type of Vehicle Fee Passenger automobiles and station wagons No charge All other vehicles and refuse containers $2-00 per ton (nearest 1/4 ton) of refuse Earth, rocks, and inert material suitable No charge for cover of refuse. (The acceptability of such material shall be determined by the Sanitation Superintendent or his authorized representative and shall be delivered to sites designated by him.) - 4 " (b) Any person entering upon a City operated disposal site for any purpose shall be conclusively presumed to know and appreciate the hazards and the extent of the damage which accompanies the accumulation of scrap wood, glass, nails, trash, brush, waste and garbage of every description and the use of trucks, ve- hicles and heavy machinery to move, remove, bury and dispose of same, and every pers,:-,n entering upon any such site shall be concli:sively presumed to have assumed the risk of injury cDaaected with ot, resulting from such hazards and da.n3er by his cr, her action in entering upon such site and f,:,r and in conside::at.-ion of the permis- sion granted by the City of Fort Wor�h to eiter upon such site, every person shall covenant and be deemed to have covenanted net to sue and to indemnify, save harm- less and defend the City of Fort Worth, its agents, offi- cers and employees,, from and against. any and all claims of any nature whatsoever for injury or damage to person or property, whether real or, asserted, arising out of or resulting from the entry by such person upon any City operated refuse disposal site." SECTION 6. That this ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth (1964) , as amended, and all other ordinances of the City of Fort Worth, except in those in- stances where the provisions of this ordinance are in direct con- flict. with the provisions :,,f such Code or other ordinances, in which instances said confli-cting prov,­,,ions :D-IL' such Code or other ordinances are hereby rope-iled,, SEC`11ON It is hereby declared tc be f-he in-4-.ention 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 unconstitutiot_al by the valid judgment or decree of any court of competent jurisdiction, such unconstitution- ality shall not affect any of the remaining p4rases, clauses, sentences, paragraphs and sections of this ordinance, since the - 5 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 8. That the violation of any provision of this ordinance or of the Fort Worth City Code relating to the collection or dis- posal of garbage and the payment of fees therefor shall be deemed an offense and punishable by a fine not exceeding Two Hundred Dollars ($200) , and each violation thereof and each day there is a failure to comply with the terms of this ordi- nance shall be and is hereby deemed to be a distinct and separate offense and .punishable as such. SECTION 9. That this ordinance shall become effective and be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM �,�AND LEGALITY: e, City Attorney 6 - h A Pl' &ATBah City o,f Fort Worth, Texas DOBBS Mayor and Council Communication DATE REFERENCE SUBJECT: Refuse Collection and Disposal PAGE • NUMBER 6/28/71 G-1779 IOf 5 This communication transmits to the City Council recommended changes in City refuse collection and disposal operations, and a copy of proposed ordinance amendments implementing these changes. In considering what approach the City should take to refuse collection and disposal, it is important to recognize three fundamental points: 1. Every resident of the City, regardless of age or status , generates refuse every day. 2. Each resident is, therefore, a part of the "problem" of refuse collection and disposal. Accordingly, each resident responsible for a household is also responsible for the handl- ing of that household's refuse in a way which contributes to the efficient and sanitary handling of refuse on a City-wide basis. Unless each resident recognizes his or her responsi- bility in this regard, the refuse problem will become more severe as the volume grows, regardless of the collection and disposal methods used. 3. Refuse collection and disposal is a fact of City living to be dealt with in the most effective manner possible. It cannot be done without the cooperation of City residents, nor without appropriate cost to them. Neither will any techniques for collection and disposal now available please all of Fort Worth residents. It becomes, therefore, a matter of working together to handle refuse as well and as economically as possible with available procedures. On June 14, 1971, a comprehensive report on city refuse collection and disposal operations was sent to the City Council. The study on which this report was based found, as did an earlier study completed in October, 1969 , that the most efficient and economical method of collection is curb service with use of plastic bags. Curb service minimizes equipment and manpower requirements, and speeds up the collection operation. As a result of the 1969 study, and the program implemented on January 1, 1970, the following types of service are now being rendered: Number of Resi- dential Customers Per Cent of Total Collector Carry--out 18,030 16.7 Curb 63,380 58.7 Alley 25,000 23.1 Disabled 1,649 1.5 108,059 100.0% Note: Allocation of customers between curb and alley service are estimates , but the total of the two figures is accurate. DATE REFERENCE SUBJECT: Refuse Collection and Disposal PAGE NUMBER 6/28/71 G-1779 2 Of 5 Since January, 1970, customers have had the opportunity to change their collection point during any given month, by requesting such a change by the 21st of the month. The new service and rate then becomes effective in the following month. Over the past 18 months, the majority of customers have voluntarily selected curb pick-up. Collector carry-out service is the most expensive and physically demanding method of collection. Alley collection is very difficult in rough, narrow alleys, is much harder on equipment and has proven to be physically dangerous for sanitation workers. Although from the technical and economic viewpoints , curb collection is the best available system, expressions of public opinion indicate that the three choices should continue to be offered, with commensurate rate adjust- ments to assure that the Sanitation Division budget is balanced. The City's task, therefore, becomes one of determining what can be done to make the option system as efficient as possible. The most important requirement is mandatory use of disposable plastic refuse bags for all three collection options (curb, alley and collector carry-out) . Large plastic bags, with ties, have been available for purchase in 50-bag rolls at fire stations since January, 1970. Their use has increased steadily since then. There are also commercial brands of plastic bags in various sizes available at almost all food stores. Any of these bags can be used by customers. It is recommended that, effective July 1, 1971, use of plastic refuse bags be made mandatory by ordinance, with refuse being collected only if placed in plastic bags which are tied and placed at the collection point which the customer has chosen (curb, alley, or at the residence) . Tied bags are to be set out for the collector on the customer's collection day. After July 1, the placement of cans or racks at the curb or in the alley is proposed to be prohibited. Removal of cans and racks from the curb eliminates the unsightliness which has been a source of complaints. Removal of cans and racks from alleys will expedite truck passage through the alleys, and will eliminate loose refuse in the alleys, which is also unsightly and highly unsanitary. Customers may use cans at any point on their own property for convenience in storing refuse in plastic bags until their collection day. As stated above, however, the tied bags themselves must be placed at the desired collection point for collector pick-up, thus eliminating the extra time needed to handle cans. Consideration is presently being given to the possibility of providing a free "starter" roll of bags (10-15 bags per roll) to all customers to introduce the new system. The cost of this program may be as high as $75,000, and additional study must be given to the method of purchasing and distributing them before a firm proposal can be made. Under this proposal, the month of July would represent a one-month grace period during which customers who are DATE REFERENCE suEuEcr: Refuse Collection and Disposal PAGE NUMBER 3 5 6/28/71 G-1779 Of not now using plastic bags can became-accustomed to their use. Customers may thereafter purchase their bags at a cost of $2.00 per 50 bag roll at fire sta- tions or at the City Hall,or they may purchase commercial brands of plastic bags at stores. Collection Rates Proposed collection rates effective July 1, 1971, are $2.50 per month for curb and alley service, and $5.00 per month- for°coilector carry-out. These rates represent a 50C per month increase for--curb and alley service, and a $1.50 per month increase for collector carry-out service. The increases are essential to avoid a deficit in the Sanitation Division. These rates are extremely fair in light of ,the collection service provided in Fort Worth (two regularly scheduled pick-ups every week of the year) . Under the new rates, the average curb or alley customers -will get about 3,000 pounds of household refuse collected per year, in 104 collections, handled in a safe and sanitary manner, for $30 per year. The $30 per year also includes collect- ing brush and heavy objects on a regularly scheduled basis. Collector carry- out customers will pay $60 per year. During July, a mailing piece explaining these changes will be sent to all residential refuse customers in the City, along with a reply card on which they may change the type of service they prefer. To repeat, however, after the initial choice has been made, a customer may change his collection point by calling or writing the Sanitation Division by the 21st of any given month. Persons now receiving carry-out service at the lower rate due to disability will continue to receive this service for $2.50 per month. Any other disabled residents requiring carry-out service should write to the Sanitation Division explaining their situation. Revenue/Cost Pro3ections The following revenue/cost projections are based on: a six-day work week; the option collection system; a $2.50 fee for curb/alley service; a $5.00 fee for collector carry-out service; and, a $2 per ton fee for commercial entry to land- fills; and, mandatory use of plastic bags. Year ExpendiT tures Revenues Difference FY 1971-72 $4,490,OQO $4,498,000 + $8,000 The estimated expenditure figure includes a projected cost savings based on reduced manpower requirements through the use of disposable bags. It is diffi- cult to project costs precisely because the full effect of the proposed plan will not be known until crew routing adjustments can be made over a period of several weeks under the new plan. Alley Collection The collection of household refuse from alleys will receive additional study. Different types of collection vehicles and gravel re-surfacing may justify the DATEREFERENCE SUBJECT: Refuse Collection and Disposal PAGE NUMBER 6/28/71 G-1779 4 of 5 retention of many alleys for refuse collection. Such improvements in the future may, however, require a separate and higher charge for alley service than for curb service. A change in-present policy regarding alley service is believed to be warranted since the policy adopted January 1, 1970 (13 foot minimum width and concrete paving required for alley service) has not proven to offer a viable alternative. Sanitation Division Work Week A change is needed in the present Sanitation Division six-day work week. Additional study of this subject is required and will be undertaken, with the hope of being able to implement this change during 1971-72. Commercial Collection Rates The present commercial collection rate-structure has been thoroughly studied and no increase in commercial rates is recommended. The rate structure gives the Sanitation Superintendent discretion to raise rates when the frequency of collection or the number of cans collected increases. The present rate structure offsets all costs of providing commercial refuse service. Uniform Rates The present rate differential between single family units and duplexes and garage apartments is unfair. Families living in duplexes, apartments and trailers generate as much refuse as many single family residences. Thus, a uniform rate for these dwelling places is included in the recommendations. Recommendations It is believed that the following recommendations will provide satisfactory refuse collection service for the City, and an equitable distribution of costs based on the type of service desired by the customer: 1. The present three-option system for residential customers be continued. 2. Residential collection rates be established at $2.50 per month for curb or alley service, and $5 per month for collector carry- out service, effective July 1, 1971, to be applied to single family residences , duplex, trailer houses, garage apartments , etc. The July charge will appear on the customer's August water bill. 3. The bonus pay plan be continued for collector carry-out pick-ups, at the present rate. 4. Plastic bags be made mandatory for all three types of collection service, effective July 1, 1971, with a 30-day grace period for enforcement of the ordinance. Bags are to be purchased by DATE REFERENCE SUBJECT: Refuse Collection and Disposal PAGE NUMBER 6/28/71 G-1779 5 or 5 customers and tied and set out on the regularly scheduled collection days. 5. Placement of cans or racks at the curb or in the .alley be prohibited, effective July 1, 1971. 6. The present brush and heavy object collection operation be continued. 7. Additional study of alley use for collection be undertaken, with abandonment contemplated only for those alleys which are hazardous for collectors and equipment. 8. A standard refuse disposal charge of $2.00 per ton-be-made effective July 1, 1971, for commercial and private vehicles, except private autos, entering the City sanitary landfills. RNL:ms Attachment SUBMITTED BY: DIS SITZ Y C UNCIL: PROCESSED BY APPRO D ❑ OTHER (DEE/SCRIBE) n _ 10 �p / ECRETARY v DATE CITY MANAGER ( - 7