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HomeMy WebLinkAboutOrdinance 13555ORDINANCE NO _ ~ 3 `'~~J ,~ 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 5 "PRIVATE CONTRACTORS" IN ITS ENTIRETY, PROVIDING PRIVILEGE AGREEMENTS AND SOLID WASTE VEHICLE HAULING PERMITS FOR PRIVATE COLLECTORS, PROVIDING AN APPLICATION, INVESTIGATION, AND GRANTING OF PRIVILEGE AND PERMITS, PROVIDING TERMS FOR SUSPENSION OR REVOCATION, PROVIDING FOR GRANTEE'S RECORDS AND REPORTS, PROVIDING PENALTIES, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A FINE UP TO $2,000 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE, PROVIDING A SAVINGS CLAUSE, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 The Code of the City of Fort Worth, Texas (1986), as amended, is amended by the amendment of Chapter 12 5 "Environmental Protection and Compliance", Article VIII "Solid Waste and Recycling", Division ,5 "Private Collectors" in its entirety so that hereafter said Division shall read as follows DIVISION 5 PRIVATE COLLECTORS Section 12.5-850 Agreement Required (a) No person within the City of Fort Worth shall engage in the business of collecting or transporting municipal solid waste produced in the City without first entering into aNon-Exclusive Privilege Agreement ("Privilege Agreement") with the City (b) A person commits an offense if the person collects or transports municipal solid waste in violation of subsection (a) (c) Exemptions 1) The City, City employees, and persons contracting with the City, engaged in the collection and transportation of municipal solid waste on behalf of the City are exempt from this Section 2) Persons transporting their own municipal solid waste that they generated at their own homes are exempt from this Division (d) Defenses 1) It is a defense to prosecution that the person was using a vehicle to gather only recyclable materials, salvageable newspapers or clothes Recycling shall be defined as collection of only source separated materials for resale 2) It is a defense to prosecution that the person was transporting municipal solid waste that was generated in the person's private business and that the person only transports municipal solid waste at a maximum of two (2) times per year 3) It is a defense to prosecution that the person was collecting source separated recyclables from a dumpster or roll-off container that is used by private individuals or firms and contains only recyclables Section 12.5-851 Privilege Agreement Application (a) A person required to enter a Privilege Agreement under this Division shall submit an application plus an application fee for a Privilege Agreement at the City of Fort Worth's Department of City Services Administrative Offices (b) At a minimum the application shall include 1) the name, address and telephone number of the applicant; 2) the trade name under which the applicant does business or proposes to do business, 3) the estimated number of vehicles the applicant will operate under this Agreement; 2 4) the make., model, year and license plate number of all vehicles to operate under this Agreement; 5) the nature and character of the service the applicant proposes to render; 6) Any other information that may be relevant to the applicant's fitness to render such services as may be required by the Director of City Services Section 12.5-852 Granting of Privilege Agreement (a) After receiving an application, the Director may make such investigation as he considers necessary to determine whether the applicant meets the requirements of law and of this ordinance (b) The Director may require the applicant to furnish additional information to assist the Director in his determination (c) After the Director determines whether the applicant meets the requirements of the law and this ordinance, the Director or his duly authorized representative shall recommend either (1) that the City Council deny the Privilege Agreement or (2) that the City Council authorize the Privilege Agreement in an ordinance passed by atwo-thirds vote of the City Council Section 12.5-853 Suspension or Revocation The Director or his duly authorized agent may recommend that the City Council suspend for up to six months or revoke a Privilege Agreement if he determines that: (a) The application contained a false statement of material fact; (b) The local hauling company named in the Privilege Agreement or an employee, agent, or officer of the local hauling company named in the Privilege Agreement is convicted of a violation of the Texas Solid Waste Disposal Act, the Texas Litter Abatement Act, the Resource Conservation and Recovery Act, or any other environmental law applicable to the collection, transportation and disposal of solid waste, which allegedly occurred during the term of the Privilege Agreement; (c) The Grantee fails to maintain applicable Solid Waste Vehicle Hauling Permits required under this Division, (d) The Grantee fails to pay all fees required under this Division, or 3 (e) The Grantee has violated any provisions of the Privilege Agreement. Section 12 5-854 Records and Reports Each Grantee shall maintain, at a single location, business records of its solid waste collection service Such records shall include, but are not limited to inventory of all vehicles, a complete listing of all customers within the City including name, address and telephone numbers, numbers of and location of all dumpsters and roll-off containers, volumes of solid waste and recyclable materials collected within the City limits of Fort Worth, and all quarterly and annual reports prepared pursuant to the Privilege Agreement. A Grantee shall make its records available for the Director or his duly authorized agent at reasonable times upon request. Section 12 5-855 Penalties for Violations An offense under this Division is punishable pursuant to Section 12 5-123 Judicial Remedies and Penalties Section 12.5-856 Payment of Fees/Quarterly Reports/Annual Report The grantee must make payment of all fees payable under the Privilege Agreement on a Quarterly Schedule Payments will be due on April 30, July 31, October 31, and January 31 for the preceding quarter The amount due will be 5% of the total gross hauling revenue of the Grantee from the collection and transporting of municipal solid waste produced in Fort Worth An Annual Report shall be due January 31St of each year and shall be a summary of the quarterly reports for the preceding year Section 12 5-857 Solid Waste Vehicle Hauling Permit (a) Every person who uses a vehicle to transport or collect municipal solid waste produced in the City shall register each vehicle with the Director of City Services and shall have affixed by the City a Solid Waste Vehicle Hauling Permit ("Hauling Permit") to each vehicle (b) A person commits an offense if the person knowingly operates or causes to be operated a vehicle used to transport or collect municipal solid waste in violation of subsection (a) (c) Exemptions 4 1) The City and its own employees engaged in the collection and transportation of municipal solid waste on behalf of the City are exempt from this Division 2) Persons transporting their own municipal solid waste that they generated at their own homes are exempt from this Division (d) Defenses 1) It is a defense to prosecution that the person was using a vehicle to gather only recyclable materials, salvageable newspapers or clothes 2) It is a defense to prosecution that the person was transporting municipal solid waste that was generated in the person's private business and that the person only transports municipal solid waste at a maximum of two (2) times per year 3) It is a defense to prosecution that the person was collecting municipal solid waste from a dumpster or roll-off container that is used by private individuals or firms and contains only recyclables Section 12 5-858 Hauling Permit Application (a) A person required to have a Hauling Permit under this Division shall submit an application plus an application fee at the City of Fort Worth's Solid Waste Management Division (b) At a minimum the application shall include 1) name, address and telephone number of the applicant; 2) the trade name under which the applicant does business or proposes to do business, 3) the number of vehicles the applicant desires to operate and for each of which the applicant seeks to obtain permits under this application, 4) make, model, year and license plate number of each vehicle that the applicant will use to collect or transport municipal solid waste, 5) the nature and character of the service the applicant proposes to render; and 5 6) any other information as may be relevant to the applicant's fitness to render such services as may be required by the Director of City Services (c) Each applicant in the business of transporting solid waste shall sign a Solid Waste Transportation Certification as required by the Texas Administrative Code (d) Before a Hauling Permit is issued, each vehicle must satisfactorily pass inspection for the following items, 1) the vehicle must be constructed to ensure no spillage of solid waste, 2) anon-enclosed vehicle must have a proper tarp or other satisfactory cover to prevent blowing of materials being transported, 3) where applicable, all drain plugs and seals must be intact; and 4) the vehicle must be clean and odor free Section 12.5-$59 Issuance of a Hauling Permit (a) After receiving a Hauling Permit application, the Director may make such investigation as he considers necessary to determine whether the public convenience and necessity warrant the granting of the Hauling Permit(s) (b) The Director may require the applicant to furnish additional information to assist the Director in his determination (c) The Director may require the applicant to furnish information as to the financial responsibility of the applicant in the event of claims against him for death or injuries to persons or damage to property by reasons of the negligent operation of vehicles used in providing solid waste collection and transportation services (d) If the Director is satisfied that the applicant meets the requirements of this Division and after the applicant pays all applicable fees, the Director or his duly authorized agent may issue and affix a Hauling Permit to each appropriate vehicle (e) The Hauling Permit shall be a size and design determined by the Director (f) If the Director determines that there is cause to deny a Hauling Permit application, he may notify the applicant of same in writing and deliver by certified mail, return receipt requested to the address listed on the application The applicant may petition for reconsideration pursuant to this chapter 6 Section 12.5-860 Display of Hauling Permit (a) A Hauling Permit shall be displayed on each registered vehicle in a location approved by the Director or his duly authorized agent. The Director's duly authorized agent shall place the permit on the vehicle (b) A Hauling Permit holder commits an offense if the Hauling Permit holder operates or causes to be operated a vehicle collecting or transporting municipal solid waste which does not properly display a valid hauling permit. Section 12 5-861 Hauling Permit Fees, Terms (a) Each Hauling Permit holder shall pay the City an annual permit fee for each vehicle in an amount set by the City Council (b) A Hauling Permit issued pursuant to this Division for each vehicle is valid for up to one (1) year, but shall expire no later than twelve months from the original date of issuance Subsequent Hauling Permits added for additional vehicles to be used by the same permit holder during the term shall not be prorated, but shall expire at the same time as the first Hauling Permit. There shall be no proration of fees for late renewal, nor any refund for vehicles taken out of service before the end of the term (c) A Hauling Permit shall not be transferable from one individual or entity to another, nor from one vehicle to another Section 12.5-862 Suspension or Revocation of a Hauling Permit The reasons for which the Director or his duly authorized representative may suspend and/or revoke a Hauling Permit include, but are not limited to, the following (a} The application contained a false statement of material fact; (b) The Hauling Permit holder does not maintain a permitted vehicle in the condition that allowed it to pass its last inspection, or (c) The local hauling company named in the Privilege Agreement or an employee, agent, of officer of the local hauling company named in the Privilege Agreement is convicted of a violation of the Texas Solid Waste Disposal Act, the Texas Litter Abatement Act, the Resource Conservation and Recovery Act or any other 7 environmental law applicable to the collection, transportation and disposal of solid waste, which allegedly occurred during the term of the Privilege Agreement. Section 12.5-863 Penalties for Violations An offense under this Division is punishable pursuant to Section 12 5-123 Judicial Remedies and Penalties SECTION 2 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 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 8 SECTION 4 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000 00) for each offense Each day that a violation is permitted to exist shall constitute a separate offense SECTION 5 All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended in Section 1, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts SECTION 6 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 of this ordinance for two (2) 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 SECTION 7. This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained 9 APPROVED AS TO FORM AND LEGALITY G u c ASSISTANT CITY ATTORNEY DATE z~~~ ADOPTED ~~ ~~ `1~ EFFECTIVE ~- ~ 1 10 City of Fort Worth, Texas ~1-~Ayar And CAUn~e~l CammunlcAtlan DATE REFERENCE NUMBER LOG NAME PAGE 13/2598 G-7 2311 21 HAULERS 1 of 2 SUBJECT ADOPTION OF ORDINANCE PROVIDING FOR NON-EXGLUSIVE PRIVILEGE AGREEMENTS WITH COMMERCIAL WASTE HAULERS RECOMMENDATION It is recommended that the City Council adopt the attached ordinance requiring commercial waste haulers to apply for and execute non-exclusive privilege agreements with the City of Fort Worth in order to collect and transport municipal solid waste within the City of Fort Worth. DISCUSSION Commercial waste haulers collect virtually all of the municipal solid waste generated by businesses, industries, and apartment complexes in the City of Fort Worth Aside from being required to have hauling permits for collection vehicles, no other requirements are imposed on waste hauling companies by the City It is a fairly common practice in other cities to regulate waste haulers and assess fees utilizing privilege agreements, franchises, and container registration It is proposed that commercial waste haulers be required to apply for and execute non-exclusive privilege agreements with the City of Fort Worth in order to collect and transport municipal solid waste within the City The agreements would allow haulers to use public streets, alleys, and thoroughfares within the City for the purpose of engaging in the business of collection of solid waste Waste haulers who are granted non-exclusive privilege agreements will pay to the City on a quarterly basis a fee of five percent (5%) of their gross revenues generated from their municipal solid waste collection operations within the City, not including collection of source-separated recyclables. The five percent fee relates to the impact of vehicles used for solid waste collection on City streets and costs of administering the program In addition to the fees, haulers will also be required to provide the City with information about volumes and types of materials that are being collected and transported Other provisions included in the proposed ordinance and agreements include • City Council must authorize a Privilege Agreement in an ordinance passed by two-thirds vote -'' of the City Council (Ordinance, page 3) • City Council may suspend or revoke a Privilege Agreement. (Ordinance, page 3) • The term of agreements is five years and is automatically renewable (Agreement, page 1) • Grantee is responsible for condition and maintenance of containers and containers must be clearly marked with grantee's name and telephone number (Agreement, page 2) • Collection may be prohibited between 11.00 p.m and 6.00 a.m in or near residential areas. (Agreement, page 3) • The City shall have the right to audit books and records of the grantee to verify that fees paid and other information provided to the City are correct. (Agreement, page 4) City of Fort Worth, Texas M'Ayar and Council CammunicAt~on DATE 8/25/98 REFERENCE NUMBER Ge12311 LOG NAME 21 HAULERS PAGE 2 of 2 SUBJECT ADOPTION OF ORDINANCE PROVIDING FOR NON-EXCLUSIVE PRIVILEGE AGREEMENTS WITH COMMERCIAL WASTE HAULERS Requiring haulers to obtain non-exclusive privilege agreements from the City will require no change in the current operations of the solid waste industry in Fort Worth A fee system based on a percentage of gross revenues will not change the relative market share of any company currently doing business within the City It is expected that the fee will be passed on to customers by hauling companies in the form of higher collection fees. It is estimated that annual revenues to the City could be as much as $500,000 The proposed ordinance was discussed with the Governmental Relations Committee during its meeting on November 4, 1997 The committee directed that it be presented to the full City Council for consideration Subsequently, meetings were held with representatives from hauling companies on April 20 and June 22, 1998 to review the proposed ordinance and agreement. The ordinance and agreement being submitted to the City Council for approval takes into consideration the comments and suggestions received from representatives of the hauling industry FISCAL INFORMATION/CERTIFICATION The Revenue Office of the Finance Department will be responsible for the collection and deposit of revenue from this contract. CB k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) PE64 APPROVE© Charles Boswell 8511 Originating Department Head: CITY COUNCIL r Tom Davis 6300 (from) ? AUG 2. Additional Information Contact: Y'6~p,~, ~i~ra,~cJ / ` '" Secretazy oI the t y Ci ' Tom Davis 6300 azt tt4-oztA, Texas Gitp of F &do~ted ®in~n~~ ~o~_~_..~