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HomeMy WebLinkAboutORD 890186 - Garbage Rates & CollectionORDINANCE NO. MV,- ,, a r'9 / I I iI. a � i AN ORDINANCE AMENDING CHAPTER 23 ENTITLED "UTILITIES AND SERVICES" OF THE CITY SPECIFICALLY AMENDING RATES"d SECTION 23-1 ARTICLE III. "GARBAGE REGULATIONS; PROVIDING CLAUSE; PROVIDING AN PUBLICATION OF GEORGETOWN, TEXAS CODE OF ORDINANCES BY ARTICLE I., SECTION 23-1 (F) "GARBAGE (H) "FAILURE TO PAY CHARGES"; AND AMENDING AND COLLECTION"; REPEALING CONFLICTING A SAVINGS CLAUSE; PROVIDING A PENALTY EFFECTIVE DATE; AND PROVIDING FOR WHEREAS, the City Council of the City of Georgetown, Texas finds it necessary and in the best interest of the citizens of Georgetown to enter into an exclusive contract for the collection of garbage, and WHEREAS, Chapter 23 of the Code of Ordinances of the City of Georgetown must be amended to implement the effects of this contract NOW, THEREFORE, BE GEORGETOWN, TEXAS THAT: SECTION I. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF The City Council of the City of Georgetown, Texas hereby finds and determines the recitals set forth above to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION II. Chapter 23 entitled "Utilities and Services" of the City of Georgetown, Texas Code of Ordinances, is hereby amended by specifically amending the following: A. Chapter 23, Article I., Section 23-1 (f) "Garbage Rates" is hereby amended to read as referenced in the attached Exhibit "A" which attached hereto and incorporated herein as if fully set forth at length. B. Chapter 23, Article I., Section 23-1 (h) "Failure to Pay Charges" is hereby repealed from this Chapter and Section 23-1 (h) is reserved for future provisions. C. Chapter 23, Article III. is hereby repealed in its entirety and a new Chapter 23, Article III. is hereby adopted by reference in Exhibit "A" which is attached hereto and incorporated herein as if fully set forth at length. Garbage Rates and Collection Ordinance (csf.garb>ord)Page 1 of 2 SECTION III. That any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, punished by a fine of not more and that upon $200.00. conviction thereof, shall be SECTION IV. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence or part of this ordinance or the application of same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional, by a court of competent jurisdiction, it shall not affect, impair or invalidate the remainder of this ordinance which shall be given full force and effect. SECTION V. If any ordinance, resolution, policy or procedure is in conflict or inconsistent with the terms, conditions or provisions of this ordinance, then the same is hereby repealed to the extent of any conflict or inconsistency. SECTION VI. Upon final passage the City Secretary shall cause this ordinance's caption to be published in the newspaper of general jurisdiction and this ordinance shall become effective ten days after its publication ATTEST: LtITA F. WILLOUGHB APPROVED AS TO FORM: Allrl ell f; 'r TIMI KENNEDY, MAYOR CIT SECRETARY DIANE CAhLANDER, CITY ATTORNEY n a Garbage Rates and Collection Ordinance (csf.garb.ord)Page 2 of 2 J a Garbage Rates and Collection Ordinance (csf.garb.ord)Page 2 of 2 94001516 EXHIBIT A CHAPTER 23 UTILITIES AND SERVICES ARTICLE I. IN GENERAL Section 23-1. Rates and Charges for city service - Schedules. (F) RATES FOR SOLID WASTE DISPOSAL: Frequency Per Week Monthly Charge (1) Residential (2) Inside City Limits 2 Outside City Limits, no Contractor 1 supplied container Outside City Limits, wheeled container 1 supplied by Contractor Commercial 4 Containers or Bags per pick-up 2 Commercial 4 Containers or Bags per pick-up 3 Per each additional cu.yd./month Construction Debris, Churches Hazardous Waste or 1 Schools or volumes greater 5 Waste from clean-ups/building,operations/ as the case may Brush & Clean Lumber Waste, maximum 4 cu. yds. Cubic Per each - 2 additional per week cu.yd. 4 Special Pick -Up -Bulky Waste, per item Cubic Bulk Waste - Stoves, refrigerators, water tanks, washing machines, and furniture, and other than Construction Debris, Dead Animals, Hazardous Waste or Stable Matter with weights or volumes greater than those allowed for Bins or Containers, as the case may be. $35.00 Clean-up collection and disposal of solid waste for special occasions such as annual festivals, per hour per vehicle Commercial Service including Bin rental: $ 7.00 9.00 11.00 25.00 Cubic 50.00 - 1 3.00 per 20.00 $25.00 150.00 2 12.50 Yards 3.00 $ 10.00 $80.00 2 Cubic Yards - 1 time per week $25.00 2 Cubic Yards - 2 time per week $45.00 3 Cubic Yards - 1 time per week $35.00 3 Cubic Yards - 2 time per week $68.00 4 Cubic Yards - 1 time per week $43.00 4 Cubic Yards - 2 time per week $74.00 6 Cubic Yards - 1 time per week $53.00 6 Cubic Yards - 2 time per week $95.00 8 Cubic Yards - 1 time per week $63.00 8 Cubic Yards - 2 time per week $110.00 8 Cubic Yards - 3 time per week $158.00 8 Cubic Yards - 4 time per week 8 Cubic Yards - 5 time per week 8 Cubic Yards - 6 time per week 10 Cubic Yards - 1 time per week 10 Cubic Yards - 2 time per week 10 Cubic Yards - 3 time per week 10 Cubic Yards - 4 time per week 10 Cubic Yards - 5 time per week 10 Cubic Yards - 6 time per week Public Disposal Fee: *10 $237.00 $270.00 $73.00 $133.00 $187.48 $237.00 $281.00 $320.00 City Customer w/picture I.D. and current bill w/same name: First 3 cubic yards - no charge Next 3 cubic yards - $3.00 per cubic yard Maximum 6 cubic yards per month but no more than 3 deliveries per month Non -Customer Cost per cubic yard - $3.00 Maximum 6 cubic yards per month but no more than 3 deliveries per month Roll -off Service includ 20 cubic yards - per load 30 cubic yards - per load 40 cubic yards - per load Delivery Charge (one time) Front load compactor: (3) Bin rental: (3) Per cubic yard capacity, per scheduled pick-up Compactor rental Roll -off compactor (30 cu. yard): (3) Per load, as required Monthly rental (1) Unless noted otherwise $106.00 $123.00 $139.00 $45.00 $3.50 negotiated per customer $160.0.0 negotiated per customer (2) Limited to 10 Bags, Containers or bundles as defined in Ordinance (3) Service billed directly by Longhorn Community Disposal Rates for solid waste disposal shall be approved by the City of Georgetown City Council by ordinance and such rates shall be available available at the office of the City Secretary. If service is rendered during any portion of any month the customer will be required to pay a pro -rated fee for service. (2 of 7) (H) Reserved. ARTICLE III. GARBAGE AND TRASH COLLECTION Sec. 23-30. Scope of article. The provisions of this article shall without the corporate limits of the with utilities, as herein defined, o this article, Sec. 23-31: Definitions. apply to all territory within and City of Georgetown served by the city r other areas as may be described in As used in this article, the following terms shall have the respective meanings ascribed to them: Bags: Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a Bag and its contents shall not exceed 50 pounds. Brush: Large tree or shrub limbs, branches or trimmings which cannot be handled in standard garbage trucks. Building construction, waste: Rock waste, remodeling or scrap building from a general materials, cleanup of refuse resulting from vacant or improved property just prior to its occupancy. and ordinances. City: Not only the area within the corporate limits of the city as it now exists and as may hereafter be changed, but also those areas outside such city limits where a utility or utilities are served by the city, except in those instances where a contrary intent is apparent. Container: A receptacle with a capacity of greater than 20 gallons but not more than 32 gallons constructed of plastic, metal or fiberglass having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the Container by Vectors. The mouth of the Container shall have a diameter greater than or equal to that of the base. The weight of a Container and its contents shall not exceed 50 pounds. Garbage: Kitchen refuse, ordinarily including only foodstuffs or related materials that may accumulate in a household. Hazardous which is Waste: Any designated chemical, compound, to be "hazardous" as mixture, substance or article that term is defined by or pursuant to Federal, tree limbs, etc., that are too large, heavy or State or local laws and ordinances. Infectious Waste: Any chemical, compound mixture, substance or article which is designated to be "infectious" as that term is defined by or pursuant to Federal, State or local laws and ordinances. Large appliances and trees: All refrigerators, stoves, water heaters, trees, tree limbs, etc., that are too large, heavy or bulky to be collected (3 of 7) by normal collection equipme-nt. Refuse: All wastes resulting from domestic, commercial or industrial operations incident to urban life, except sewage, but including garbage, brush and trash. Roadside: Within the State, County or City right-of-way, incl-ading alleyways, on either side of open ditches. Toxic Waste: Any chemical, compound, mixture, substance or article which is designated to be "toxic" as that term is defined by or pursuant to Federal, State or local laws and ordinances. Trash: Refuse that can be handled in a standard garbage truck, such as household trash (discarded clothing, toys, papers, etc.) and yard trash (grass clippings, small shrub and tree trimmings, leaves and the like). Utilities: Water, sewer service, electrical service, garbage collection service. As used in this article, it shall mean one or more of said services. thrown, any garbage, brush, loose waste or Vector (Of Disease): An animal or insect which transmits infectious diseases from one person or animal to another by penetrating the skin or mucous membrane, or by just depositing infective material on the skin or food or on another object. the provisions of Section 23-32. Accumulation of waste matter prohibited. (a) It shall be unlawful for any person, firm or corporation to place, deposit or throw, or permit or cause to be placed, deposited or thrown, any garbage, brush, loose waste or refuse of any kind, on public or private property outside of any house, building, flat or tenement.in the city, unless the same has been deposited in accordance with the provisions of this article. (b) The following acts, among others, are declared to be unlawful and in violation of this section, and subject to the penalties as provided by this article, but such enumeration shall not be deemed to be exclusive: (1) Throwing, placing, dumping or depositing of any lawn trimmings, hedge trimmings or any other cuttings or trimmings, or weeds, flowers or other vegetation on any lot, vacant or occupied, driveways or any other property; (2) Throwing, placing, dumping or depositing of any lawn trimmings, hedge trimmings or other .cuttings or trimmings, or weeds, flowers or other vegetation in any gutter, street, sidewalk, parkway, driveway, curb, alley or any other public property; (3) Throwing, placing, dumping or depositing of any garbage, refuse or animal or vegetable waste matter of any kind on or in any lot, vacant or occupied, driveways or any (4 of 7) other private property; (4) Throwing, placing, dumping or depositing of any garbage, refuse or animal or vegetable waste matter of any kind on or in any lot, vacant or occupied, driveways or any other private property; (5) Causing or permitting to be or remain in or upon any premises, private or public, any animal, vegetable or mineral matters of any composition, or residue thereof, which is an unsanitary condition or injurious to public health, and after any of such has remained upon any premises, public or private, for more than seven (7) days, it will be presumed that same is an unsanitary condition and injurious to public health. (c) A violation of this section shall constitute a misdemeanor and shall be subject to the penalties herein provided. Sec. 23-33. Garbage collection and charges therefor mandatory; exceptions. (a) Required. The charges fixed herein for the removal and disposal of all garbage, brush, trash, refuse or other waste material shall be levied by the city against all owners, occupants, tenants or lessees using or occupying any building, house or structure receiving such service. Since the proper and prompt removal of all garbage, brush, trash, refuse matter and other waste materials is essential to the preservation of public health and safety, it is deemed necessary that at least the appropriate minimum charge be levied against every person, owner or occupant, tenant or lessee, using or occupying any premises as a residence or commercial establishment and thus provide for more even and equitable distribution of the cost of this service to the citizenry enjoying the benefits thereof. Where an apartment house or other building is served water through one meter, the person in whose name the water account stands shall be responsible for the payment of the garbage fees for all persons in such apartment or building who are subject to the provisions of this article. Except as provided herein, all owners, occupants, tenants and lessees using or occupying any building, house or structure within the corporate limits of the City of Georgetown shall be required to use exclusively the city's waste disposal services. The City Manager shall establish and a complaint procedure, (b) Exceptions.. the hours and days of collection (1) Hazardous, Infectious and Toxic Wastes must be legally disposed of by the owner through facilities or services other than those of the city. (2) Customers requiring roll -off service in containers twenty cubic yards or greater, roll -off compactor service or front load compactor service shall arrange (5 of 7) for such service thr�=gh the city's designated provider of disposal service. Sec. 23-34. Persons required to keep coibtainers. Every owner, agent, lessee, tenant or occupant of any house, building, flat, apartment, tenement or commercial establishment in the city, where persons reside, occupy, board -or lodge, or where animal or vegetable food is prepared or served, shall provide such house, building, flat, apartment, tenement or commercial establishment, and at all times maintain in good order and repair, a Bag or Container, or bin which may be provided by the city's designated provider of disposal service. Sec. 23-35. Collection of garbage, refuse, brush and other waste material. Every person subject to the provisions of this Article "Garbage and Trash Collection" shall place solid waste in required containers at the roadside. However, the city manager shall have the authority to designate the location of such containers, taking into consideration, among other things, convenience to collection crews, convenience to the customer, hazardous conditions such as electrical wiring, danger of the collector being bitten by household pets, and other such matters. Tree parts, shrubbery, bagged or containerized Rubbish, newspapers and magazines shall be limited to 50 pounds in weight and not be larger than 4 feet in any direction; bundling of these items is required. Sec. 23-36. Reserved. Sec. 23-37. Reserved. Sec. 23-38. Use of another's container; meddling with or scattering contents of container. It shall be unlawful for any owner, occupant, tenant or lessee, using or occupying a building, house or structure as a separate unit, to utilize the garbage.containers or receptacles of another owner, occupant, tenant or lessee for the disposal of his own refuse or garbage, and in this manner evade the payment of the fees levied by this chapter. It shall be a violation of this article for any person to meddle with any garbage container or trash receptacle unless such container or receptacle is owned or controlled by such person, or unless such person is an authorized collector of the contents, under this article. It shall be a violation of this article for any person to scatter the contents of any garbage container. Sec. 23-39. Reserved. Sec. 23-40. Rates generally. The general and reasonable rates for collecting garbage and brush under the provisions of this article shall be determined and fixed by ordinance from (6 of 7) time to time by the city council. Such collection rates shall at least be in an amount necessary to meet the cost of services contemplated hereby. Such rates shall be available in writing at the city offices during, business hours. Sec. 23-41. Billing and collecting; duty of city manager. For the purpose of convenience, the billing and collecting of the charges levied for the services mentioned in this article shall be done under the direction of the city manager. Sec. 23-42. Failure to pay charges; discontinuance of water service. All sanitary service charges, including, but not limited.to, garbage collection service, shall be due monthly and must -be paid at.cty hall,.and if not paid, the city shall have the right to shut off the water and tither utilities and services from such premises and such services shall not be turned on again until sa., .11 has been paid in full, including additional charges for disconnectin; 1.1 resumpt_ <f services. Such charges shall be fixed and may be incre.._ d or decre d by the city council by ordinance, from time to time, and such v:aarges small be available in writing at the city offices. Sec. 23-43. Penalties. Any corporation, firm agent or person who violates this article, upon conviction hereunder, shall be punished by a fine of not less than one dollar ($1.00) nor more than two hundred dollars ($200.00). Each violation shall constitute a separate offense. The city shall also have the power to enforce the provisions of this article through civil court action. (7 of 7)