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HomeMy WebLinkAboutOrdinance 11682ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14, "GARBAGE", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, WHICH CHAPTER REGULATES SOLID WASTE COLLECTION, FEES AND DISPOSAL, BY AMENDING SECTION 14-24(a) TO INCREASE THE MONTHLY RESIDENTIAL CURB/ALLEY LINE SERVICE FEE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PRESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS AND PENDING LITIGATION; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXA5: SECTION 1. That Section 14-24(a) of Chapter 14 of the Code of the City of A+ Fort Worth (1986), as amended, be and the same 'is hereby amended, it being expressly provided that other provisions of Section 14-24 shall remain unchanged. The amended Section 14-24(a) shall read as follows: "Sec. 14-24. Charges for refuse removal service - compulsory for single-family residences and duplexes; optional for group housing. (a) Use of the city garbage and refuse collection, recycling 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 buildings, garage apartments and mobile homes or trailers occupied as dwelling units. The monthly fees for household garbage and refuse collection, recycling collection, and brush removal service shall be as follows: Type Single-family residences Duplex apartments (per dwelling unit} Garage apartment unit Tra-filer/mobile home dwelling unit Curb/ Collector Line Service Carryout $10.30 $32.25 $10.30 $32.25 $10.30 $32.25 $10.30 $32.25 1 F ~. Residential building $10.30 $32.25 or complexes, etc.. (per dwelling unit)" SECTION 2. That this ordinance shall be cumulative of ali provisions of the Code of the City of Fort Worth (1986), as amended, and all other ordinances of the City of Fort Worth, except in those instances where the provisions of this ordinance are in direct conflict with the provisions of such Code or other ordinances, in which instances said conflicting provisions of such Code or other ordinances are hereby repealed.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 void, ineffective or unconstitutional by the valid judgment or decree. of any court of competent jurisdiction, such voidness, ineffectiveness or 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 void, ineffective or unconstitutional phrase, clause,. sentence, paragraph or section. SECTION 4. That all rights or remedies of the City of Fort Worth are expressly saved as to any and all violations of the provisions of -2- Chapter 14 of the Code of the City of Fort Worth (1986), as amended, and of any other ordinance affecting garbage, 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 chapter and/or other ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. That any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as set forth in Section 1-6 of the City Code, and each violation hereof, and each day on which there is failure to comply with the terms of this ordinance, shall be and is hereby declared to be a distinct and separate offense and punishable as such. SECTION 6. That this ordinance shall become effective and be in full force and effect from and after its passage and publication as required by law, or October 1, 1994, whichever date is later.. APPROVED AS TO FORM AND LEGALITY: G~ 9sst City Atto/~rney Date : 7 - ~ ~~- `j~f ADOPTED • ~ ~D ~ //. EFFECTIVE • Q,~U - ~ 7~ -3- City of Fort Worth, ~ Texas Mayor and Council Communication DATE RSFSRSNCS NUMBSR LOG NAME PAGE 09/15/94 G-10822 21 GARB 1 of 2 SUSJSCT ADOPT ORDINANCE AMENDING THE GARBAGE COLLECTION FEE SCHEDULE IN SECTION 14-24, CITY CODE RECOMMENDATION. It is recommended that the City Council adopt the attached ordinance amending the garbage collection fee schedule in Section 14-24, City Code, as follows effective October 1, 1994 SERVICE CURRENT RATE PROPOSED RATE Residential Curbside Elective Carryout BACKGROUND 59 80 532 25 510 30 532 25 On October 1, 1982, the Solid Waste Enterprise Fund was established and all solid waste management operations began to be totally funded through service fees established for garbage collection and waste disposal Prior to establishing solid waste management as an enterprise fund, funding for solid waste management was derived from payment of fees by customers for garbage collection and a subsidy from the GenePal Fund Since the Solid Waste Fund was created, fees have been established and changed as follows DATE FEES October 1, 1982 55 50 October 1, 1984 56 10 September 1, 1986 56 35 October 1, 1989 56 85 October 1, 1990 58 85 September 1, 1992 59 80 DISCUSSION The current fund balance of the Solid Waste Fund is not enough to continue to finance Solid Waste Management operations and meet anticipated environmental mandates The recommended fee increase will provide sufficient revenue to finance solid waste management operations in FY 1994-95 without having to rely to such a large extent on fund balance The adopted budget for FY 1994-95, which assumes this rate increases, will still require the use of about 5250,000 in fund reserves :~~ Printed on recycled paper City of Fort Worth, Texas Mayor and Council Communication DATE 09/15/94 REFERENCE NUMBER G-10822 LOG NAME 21 GARB 'PAGE 2 of 2 SUBJECT ADOPT ORDINANCE AMENDING THE GARBAGE COLLECTION FEE SCHEDULE IN SECTION 14-24, CITY CODE FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that revenues from these fees are included in the appropriation for the adopted budget for Fiscal Year 1994-95 The Water Department as billigagent is responsible for the collection of funds for solid waste customers Revenues will be deposited in PE64, Solid Waste Enterprise Fund RG b Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) PE64 464032 0211001 $760,000 APPROVED Ramon Guajardo 6109 ~~~ ~~~ r~~ ~/ Originating Department Bead: ~~ ~ ~ Tom Davis 6300 (from) For Additional Information Glitz ~ of t!-~ Gitp @f Fart ~Fi'atStt Texas Contact: ,: Tom Davis 6300 - i=p~ Printed on recycled paper