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HomeMy WebLinkAboutOrdinance 5022 OFFICIAL RECORD CITY SECRETARY ORDINANCE NO. FT. WORTH, TEX. AN ORDINANCE AMENDING SECTIONS 9, 10 AND 17 OF ORDI- NANCE No. 3241 AND SECTIONS II, III AND V OF ORDI- NANCE NO, 4524, THE SAME BEING ORDINANCES REGULATING AND PROVIDING FOR THE COLLECTION, REMOVAL AND DIS- POSAL OF GARBAGE, TRASH AND RUBBISH WITHIN THE CITY OF FORT WORTH, TEXAS, BY CHANGING THE SCHEDULES OF REASONABLE CHARGES TO BE REQUIRED OF OWNERS, OCCU- PANTS, TENANTS AND LESSEES OF BUILDINGS AND PREMISES RECEIVING SUCH SERVICE; PROVIDING A SAVINGS CLAUSE IN THE EVENT ANY PART OF THE ORDINANCE SHOULD BE DE- CLARED UNCONSTITUTIONAL; MAKING SAME CUMULATIVE OF ALL ORDINANCES REGULATING AND PROVIDING FOR SUCH SERVICES; REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the City Council of the City of Fort Worth deems it necessary and finds that the preservation of the health, sanita- tion and safety of the public in connection with the accumula- tion, removal and disposal of garbage, trash and rubbish re- quires that certain amendments be made to the existing ordi- nances of the City of Fort Worth regulating and providing for same; and, WHEREAS, the City Council of the City of Fort Worth has de- termined that the rates and schedule of charges for the furnish- ing of the service of removal and disposal of garbage, trash and rubbish within the City of Fort Wcrth are presently insufficient and inadequate; and, WHEREAS, an emergency exists, i.n that it is necessary for the immediate preservation of the public health, sanitation and safe- ty that further provisions be enacted relating to the collection, removal and disposal of garbage, trash and rubbish within the City of Fort Worth, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 9 of Ordinance No. 3241 and Section II of Ordinance No. 4524 be and the same are hereby amended, and, after being so amended, said section shall read as follows: SECTION 9. Charqes for collection and removal --residential buildings and premises. The collection and removal of garbage and trash from houses, buildings and premises used for resi- dential purposes shall be made twice each week, and the collection of yard trash and tree and hedge trimmings shall be made once each week. Fair and reasonable charges for this residential service shall be and are shown in terms of dollars and cents as follows: For a single family residence $2.00 For a duplex apartment building 3 .50 For a garage apartment unit 1.75 Group housing - 3 or more houses on same water meter or multiple family apart- ment building - the charge for each house unit or apartment shall be 1.75 For a trailer occupied as a housing unit 1.75 SECTION 2 . That Section 10 of Ordinance No. 3241 and Section III of Ordinance No. 4524 be and the same are hereby amended, and, after being so amended, said section shall read as follows: SECTION 10. Business and commercial buildings and premises. The collection and removal of garbage and trash from houses, buildings and premises used for com- mercial and business purposes shall be divided into 16 classes . Class 1a8, inclusive, shall embrace all commer.�ial. and business institutions from which garbage and trash is ordinarily re- moved six days each week. Class 1-A to 8-A, in- clusive, shall, comprise those ordinarily receiv- ing this service three days each week. -2- . . Charges for this commercial and business service, which are fair and reasonable, shall be as follows: Class I $20.I5 oIaoe I-a $I0.05 Class z I4-I0 Class z-a 7.05 Class 3 10'05 Class 3_u 5.05 Class 4 8.05 Class 4-a 4.05 Class 5 7.05 class 5-A 3 .55 Class 8 6'05 Class 6-a 3 .05 Class 7 5.05 Class 7_a 2'55 class 8 4-05 Class 8-a 2,00 After a careful survey and investigation, the boeioeoa and commercial institutions in the city have been divided into fair and reasonable olassi- cicati000' In the diagram or schedule hereinafter appearing, certain numbers are shown in the cuIomo under each class. They represent the minimum square feet of floor space of the particular kind of commercial or business concern for which account is taken, and they are enumerated or listed with their respective designations as follows, Class Class class Class l z 3 4 l-u 2_a 3_a 4_x auiIdiogs, garages, service otatioos, parking lots 100,000 70'000 50,000 40,000 Hotels, room- ing houses, furniture 50'000 35,000 25,000 28,000 Real estate, ivanzaore^ loans, abstracts, lodges, travel bureaus, etc. 33'300 23,}]0 I6'670 13,330 olec' supply, scico. labs, oil supply firms, creameries, tailor shops, mf9., bindery, fixtures 25,000 17,500 I2.500 10,000 Theatres, liquors, pool' bowling clubs 20'000 14'000 10,000 a'oUO -3- - . . (Continued) Class Class cIaae Class l 2 3 4 l~A u_u 9-u 4-A oatters, czeau- ima, baruez, beauty' bath, printers, en- graving, re- production, etc- I6,670 11'670 8,335 6,670 Warehouses, whole- sale, produce, frt' exp' bus depots' rail- roads, tires 14'285 10,000 7'145 5.715 atouioo' photog- raphers, azt, fuzu' welding, auto supply, motors, dept. stnrea, paint stores, sport- ing goods and unclassified 13,500 8,750 6,250 5,000 Jewelers I1'110 7'780 s'ssn 4'445 optometzists, dentists, florists, shoe repair, re- tail shoes 10,000 7'000 5'000 4'000 Men's and women's clothing -dry goods 9,090 6,364 4'545 3,636 couf' candy, bakeries, fruits, cigars 5.000 3'500 2,500 3,000 Groceries, fish and meat markets 4,762 3,333 2'381 1'905 Cafes, cafeterias, sandwich shops 3'846 2'692 1,923 1,538 ozoga and phar- macies 2'439 1,707 1,220 *?s -4- Class Class Class Class 5 6 7 8 5-A 6-A 7-A 8-A Buildings, garages, service stations, parking lots 35,000 30,000 25,000 25,000 Hotels, room- ing houses, furniture 17,500 15,000 12,500 12,500 Real estate, insurance, loans, abstracts, lodges, travel bureaus, etc. 11,670 10,000 8,335 8,335 Elec. supply, scien. labs, oil supply firms, creameries, tailor shops, mfg., bindery, fixtures 8,750 7,500 6,250 6,250 Theatres, liquors, pool, bowling clubs 7,000 6,000 5,000 5,000 Hatters, clean- ing, barber, beauty, bath, printers, en- graving, re- production,, etc. 5,835 5,000 4, 170 4,170 Warehouses, whole- sale, produce, frt. exp. bus depots, rail- roads, tires 5,000 4,285 3,570 3,570 Studios, phctog- raphers, art, furn. , welding, auto supply, motors, dept. stores, paint stores, sport- ing goods and unclassified 4,375 3,750 3,125 3,125 -5- (Continued) Class Class Class Class 5 6 7 8 5-A 6-A 7-A 8-A Jewelers 3,890 3,335 2,780 2,780 Optometrists, dentists, florists, shoe repair, re- tail shoes 3,500 3,000 2,500 2,500 Men's and women's clothing -dry goods 3,182 2,727 2,272 2,272 Conf. candy, bakeries, fruits, cigars 1,750 1,500 1,250 1,250 Groceries, fish and meat markets 1,667 1,428 1,190 1,190 Cafes, cafeterias, sandwich shops 1,346 1,155 962 962 Drugs and phar- macies 854 732 610 610 The normal accumulation of garbage and trash in houses, buildings and premises used for business and commercial purposes is hereby found and determined not to exceed one cubic yard per day, and in the event that the garbage and trash to be collected from any house, building or premises exceeds one cubic yard a day, then and in that event the owner, occupant, tenant or lessee will be required to pay proportionately for the removal of such excess at a rate based upon the quantity of garbage, trash and rubbish removed and based upon the actual ex- pense incurred in such removal, unless such garbage and trash is collected and removed under a permit duly granted and issued by the Director of the De- partment of Public Health. SECTION 3 . That Section 17 of ordinance No. 3241 and Section V of Ordi- -6- nance No. 4524 be and the same are hereby amended, and, after being so amended, said section shall read as follows: SECTION 17. Minimum and maximum service to be rendered; determination of minimum charge, etc. The minimum service to be rendered in the various classes herein specified shall be once each week and a maximum of six times each week. Charges for minimum service shall be determined proportionately, depending upon the rates and classification as hereinbefore provided, except that no minimum charge shall be less than $2.00 per month, except as specifically provided in Section 9 of ordinance No. 3241 as amended. SECTION 4. Should any part, section, subsection, paragraph, sentence, clause or phrase contained in this ordinance be held to be uncon- stitutional, such holding shall not affect the validity of the remaining portion of the ordinance, which in all respects shall remain in full force and effect; and the City Council hereby declares that it would not have passed the unconstitutional part had it known it was invalid and that it would have passed the remaining part that is not invalid. SECTION 5. This ordinance shall be held and construed to be cumulative of all other ordinances affecting the health, safety, peace and sanitation of the public in the City of Fort Worth except in those instances where the provisions of this ordinance are in conflict with the provisions of ordinances heretofore passed, and all ordinances or parts of ordinances in conflict with the pro- visions of this ordinance are expressly repealed. -7- SECTION 6. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor and, upon conviction thereof, shall be fined in any sum not to exceed one Hundred Dollars ($100.00) , and each offense and each day's continuance of failure to comply with the ordi- nance shall constitute a separate and distinct offense. SECTION 7. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication, and it is so ordained. APPROVED AS TO FORM AND LEGALITZ: City Attorney