HomeMy WebLinkAboutOrdinance 16188.~.
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ORDINANCE NO ~~ ~~
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED BY THE AMENDMENT OF CHAPTER 12.5
`ENVIRONMENTAL PROTECTION AND COMPLIANCE, ARTICLE VIII `SOLID
WASTE AND RECYCLING DIVISION FOUR, `DEPOSITS RATES AND
COLLECTION" AMENDING SECTION 12.5-841 `BILLING" SUBSECTION (a);
ADDING SECTION 12.5-841 1 RESIDENTIAL COLLECTION FEES"' ADDING
SECTION 12.5-8412 COMMERCIAL GARBAGE COLLECTION FEES"
DELETING SECTION 12.5-842.1 `RATES" PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES
PROVIDING A SEVERABILITY CLAUSE PROVIDING A SAVINGS CLAUSE
AND PROVIDING AN EFFECTIVE DATE
WHEREAS Section 12.5-841(a) of the City Code (the Code') provides that the City
Council shall establish rates for solid waste collection services
WHEREAS the Code provides that the Environmental Management Director shall
charge customers rates pursuant to such schedules
WHEREAS, 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
WHEREAS, the new collection schedule also allows for the collection of out of cycle
bulky waste and brush piles, oversized bulky waste and brush piles pay bags and violation bag
tags
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT
SECTION 1
Part II `Code Chapter 12.5 Environmental Protection and Compliance Article VIII `Solid
Waste and Recycling Division 4 `Deposits Rates and Collection Section 12.5-841 `Billing"
Subsection (a) of the Code of the City of Fort Worth (1986) as amended shall further amended
to read as follows
(a) Household and commercial customers shall be billed for services on their monthly
water bills, according to the rates established by ordinance
SECTION 2.
Part II `Code Chapter 12.5 `Environmental Protection and Compliance Article VIII `Solid
Waste and Recycling Division 4 'Deposits, Rates and Collection Section 12.5-841 1
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`Residential Collection Fees shall be added to the Code of the City of Fort Worth (1986) as
amended and shall read as follows.
Section 12.5-841 1 Residential Collection Fees
The following residential collection fees are adopted
SERVICE RATE (Plus Sales Tax)
Residential Curbside- 32 Gallon Cart $11 45 per month
Residential Curbside- 64 Gallon Cart $16 45 per month
Residential Curbside- 96 Gallon Cart $21 45 per month
Elective Carryout Additional $30 00 per month above
Cart Rate
Disabled Carryout Cart Rate with no additional cost
based on ualification
Excess Bulky Waste and Brush Collection $75 00 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 ards
Excess Bulky Waste and Brush Collection To be determined by the Director
for piles over 30 cubic yards based upon City Collector's fee and
Cit administration costs
Out-of-Cycle and Contaminated Bulky $75 00 per 5 cubic yards and $65 00
Waste Pile Collection per 5 cubic yards thereafter up to 30
cubic yards ($75 00 shall be
minimum char ed to household
Cart Delivery-Exchange Fee One exchange per year per
household at no cost; thereafter
$5 00 er re uest
Pay Bag $3 00 per bag with minimum
urchase of 5 ba s
Violation Ba Ta $10 00 per ba
Nothing Out Trip Charge $45 00 per incident
SECTION 3.
Part II `Code 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" shall be added to the Code of the City of Fort Worth
(1986) as amended and shall read as follows
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Section 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 er week $23 00
2 x er week $34 00
3 x er week $49 00
4 x er week $66 00
5 x er week $86 00
6 x er week $110 00
SECTION 4.
Part II `Code Chapter 12.5 `Environmental Protection and Compliance Article VIII `Solid
Waste and Recycling Division 4 `Deposits, Rates and Collection Section 12.5-842.1
`Rates" shall be deleted in its entirety from the Code of the City of Fort Worth (1986) as
amended
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth Texas (1986) 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 6.
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 7
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption and effective date of this ordinance for five (5) days in the official newspaper of the City of
Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort
Worth, Texas and by Section 52.013 Texas Local Government Code.
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a
SECTION 8.
This ordinance shall be in full force and effect from and after November 1 2004 and it is
so ordained
ADOPTED BY CITY COUNCIL.~~ ~~ , 2004
APPROVED AS TO FORM AND LEGALITY
C/ r v.~ 1 i~ I.~i
Assistant City Attorney
Date ~ W ~ ~ Q~~'
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 10/26/2004 Ordinance No 16188
DATE Tuesday October 26 2004
LOG NAME 52SWRATES
REFERENCE NO G-14564
SUBJECT
Adoption of an Ordinance Amending Chapter 12 5 Article VIII 'Solid Waste and Recycling" of the
City Code and Approval of FY 2004-05 Rate Structure for the Solid Waste Fund
RECOMMENDATION
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 Code (1986) effective November 1 2004 and
2. Approve the following rates effective November 1 2004 as provided for in Section 12 5-841 of the City
Code
CURRENT BASE RATE NEW BASE RATE
CART SIZE (Plus Texas Sales Tax) (Plus Texas Sales Taxi
32 gallon $ 8 00 $11 45
64 gallon $13 00 $16 45
96 gallon $18 00 $21 45
Elective carryout
Base rate listed above plus $30 00 per residential unit
Disabled carryout
Base rate with no additional cost for qualifying individuals
Excess Brush/Bulky Waste Collection
Up to 10 cubic yards picked up on a monthly basis as at no additional cost to customer
Over 10 cubic yards picked up at an additional charge of $75 00 per 5 cubic yards plus Texas
sales tax (minimum charge $75 00) for the first 5 yards and $65 00 per 5 cubic yards for waste in
excess of 5 yards
Brush/Bulky Waste Collection in excess of 30 cubic yards
Over 30 cubic yards picked up at an additional charge to be determined by the Director of
Environmental Management but to reflect the contractors rate per hour plus Texas sales tax. This
fee includes all cubic yards at curb with no reduction for the first 10 cubic yards.
Contaminated Piles/Out of Cycle Piles
$75 00 per 5 cubic yards plus Texas sales tax (minimum charge $75 00) for the first 5 yards and
$65 00 per 5 cubic yards for waste in excess of 5 yards. This fee includes all cubic yards at curb
with no reduction for the first 10 cubic yards.
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Cart Delivery/Exchange Fee
Each residential unit receives one cart exchange per year at no additional cost to customer
Additional cart exchanges are $5 00 per request plus Texas sales tax
Pay Bag
$3 00 per bag (minimum purchase of 5 bags at a cost of $15 00 plus Texas sales tax)
$10 00 per `Violation Bag" tag plus Texas sales tax
Nothing Out Trip Charge
$ 45 00 per trip plus Texas sales tax when crews are dispatched for collection of out of cycle
piles after Notice of Violation issuance but resident fails to notify City debris has already been
removed
DISCUSSION
The amendments to Chapter 12.5 of the City Code which reflect the changes to the City's solid waste rates
are as follows.
Section 12.5-841 "Billing" is amended to read as follows
(a) Household and commercial customers shall be billed for services on their monthly water
bills according to rates established by ordinance
Section 12 5-841 1 `Residential Collection Fees is added for the residential collection fees to
be adopted
Section 12.5-841 2 "Commercial Garbage Collection Fees is added and the adopted rates are
transferred in their entirety from Section 12 5-842.1
Section 12 5-842.1 `Rates is deleted in its entirety
The base rate for garbage service includes once-a-week collection of garbage and recyclable materials in
carts, yard trimmings in paper bags (or purchase and use of an optional yard waste cart) unlimited cut and
bundled brush weekly collection of up to 10 cubic yards of unbundled brush placed curbside cart
maintenance and monthly collection of up to 10 cubic yards of bulky waste as well as disposal illegal dump
and other program costs This year's rate increase of $3 45 per month includes $1 97 for increased
brush/bulky waste collection costs payable to Waste Management of Texas, Inc. and full cost recovery of
$1 48 of other costs including contractual annual rate adjustments to Waste Management of Texas Inc.
($0 38) increased disposal costs ($0 87) and administrative increases ($0 23) approved in the FY 2004-05
budget. All rates will be effective with the first billing cycle in November
Residents that choose to place more than 10 cubic yards of brush or bulky waste at the curb but less than
30 cubic yards will be charged $75 00 for the first 5 cubic yards collected and $65 00 for each 5 cubic
yards thereafter For example if a resident places 20 cubic yards at the curb for collection a fee of $140
plus Texas sales tax will appear in the next month's water bill This fee will recover all contractor disposal
and city administrative costs
Piles in excess of 30 cubic yards are not part of the residential curbside collection service Residents will
have 48 hours from the issuance of a Notice of Violation to remove the pile from the curb and they must
call Solid Waste Customer Service to inform the City of the actions they have taken. If brush or bulky waste
remains at the curb the City will pick up the pile charge the resident for collection of the entire pile and
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issue a citation for an improper setout. The resident will be billed the cost of the private contractor to collect
and dispose of the waste as well as City administrative costs. If the resident fails to notify the City the brush
or bulky waste has been removed and crews are dispatched for pickup and nothing is at the curb the
resident will be billed $45 00
Contaminated piles placed for collection in violation of the City ordinance will be picked up and the resident
billed $75 00 for the first 5 cubic yards and $65 00 for each 5 cubic yard increment thereafter plus Texas
sales tax with the minimum charge being $75 00 This fee includes all cubic yards at curb with no
reduction for the first 10 cubic yards.
Additionally the City is establishing a new program for residents that occasionally generate excess garbage
(i e. parties or other one time events) Residents may order specially marked/colored bags to be placed
outside their garbage cart on collection day The charge for these 'pay bags will be $3 00 per bag The
minimum order will be 5 pay bags plus Texas sales tax.
For residents who place excess garbage bags (non 'pay bags") outside the cart or stacked in the cart in
such a way that the lid will not close the City is creating a 'violation bag" tag to be affixed on excess
bags. The fee for this `violation bag° tag will be $10 00 per bag plus Texas sales tax, which includes
additional administrative costs associated with City staff visiting the address and placing the tag on the
bag The resident will be required to remove the 'violation bag" from the curb and place it out on the next
collection day The $10 00 fee will be billed on the next month's water bill even if the customer chooses to
not place the 'violation bag" outside the cart on the next collection day
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance funds will be available in the current operating budget, as appropriated of
the Solid Waste Fund 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 Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Libby Watson (6183)
Originating Department Head Brian Boerner (6647)
Additional Information Contact: Kim Mote (5153)
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