ORDINANCE NO. 15-112

AN ORDINANCE AMENDING CHAPTER 12 GARBAGE AND TRASH*, ARTICLE m. CHARGES*, SECTION 12.72. WITHIN THE CORPORATE LIMITS., OF THE CODE OF ORDINANCES OF THE CITY OF FORT STOCKTON & REPEALING ALL OTHER ORDINANCES OR PORTIONS THEREOF IN CONFLICT, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Council has determined that the charges set forth would be in the best interest of the citizens of the City ofFort Stockton;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT STOCKTON, TEXAS:

CHAPTER 12- GARBAGE AND TRASH * ARTICLE m. CHARGES*

SECTION 12-72. WITHIN THE CORPORATE LIMITS.

~------------------------~S=anitatlon

Sec.12-71. ****

Sec. 12-72. Within the Corporate Limits.

(a) The rate to be charged by the City to sanitation customers within its corporate limits shall be based on twice weekly pickup for residential customers and a maximum of once daily (Monday through Saturday) for commercial customers. If commercial customers require more pickups than the stated maximum, the business will be charged accordingly.

(b) The schedule of sanitation rates to be charged to customers inside the city limits is:

RATE TABLE NO. 1:

Type of Service: Monthly Charge:

(1) All residential customers, including mobile homes, duplexes, triplexes, $32.00 or quadruplexes, per unit

(2) All residential customers, including mobile homes, duplexes, triplexes, $24.37 or quadruplexes, per unit, qualifying for certain property tax exemptions, as outlined in Sec.l2-79.

(3) Churches without school $32.00

(4) Churches with school Rate #5; Table No.2 applies

(5) Apartments: Complexes with five (5) or more apartments--Rate of Twenty-Five Dollars & Sixty Cents ($25.60) per month for each apartment. Apartments are charged Thirty-Two Dollars ($32.00) for each apartment in the apartment complex times Eighty (80%) percent occupancy rate per year equals Twenty-Five Dollars & Sixty Cents ($25.60).

(6) Commercial: All mercantile, professional, business, motels and schools. See Rate Table No.2

(7) Ninety-six (96) gallon roll-out cart with one (1) pickup per week for residential $32.00 per customers outside the city limits. month Fee will include two (2) bulk trash pickups or two (2) trips to landfill per year at no additional charge. Customer must present a current City utility bill at the landfill Additional carts may be requested at a rate of$10.00 per cart.

RATE TABLE NO.2:

Commercial:

The base rate for a Commercial container collected One (1) time per week shall be Sixty-Three Dollars ($63.00) per month.

Extra pickups for Commercial accounts outside city limits will be assessed a Thirty Dollar ($30.00) service charge.

Bulk trash pickups for Commercial customers inside city limits shall be assessed a service fee of Twenty Dollars ($20.00) per pickup in addition to the current rate fee of the Municipal Solid Waste Facility for the weight of the trash being disposed.

Residential:

Residential customers inside city limits will be charged $5.00 monthly for bulk trash pick-up service, in addition to their monthly sanitation fee. Bulk trash must be placed in the alley near the dumpster and must not disturb or obscure the view of the meters. Bulk trash will be picked up at the request of the customer after contacting City Hall.

Items to be excluded from bulk trash pick-ups for Commercial and Residential customers are as follows:

• Industrial Waste • Radioactivity Waste • PCB Contaminated Waste • Medical Waste • Asbestos • Soil from Hazardous Spill or Underground Storage Tank Leaks • Lead Acid Batteries • Used Automotive Oil Filters. • Refrigeration Equipment Containing CFC's from Sources Other than Resident • Any Waste Requiring Written Acknowledgement as Proof of Disposal • Construction and Remodeling Items Need to be Disposed of at the Owner's Expense

or a Roll-Off Container Must be Rented.

The corresponding rates for Commercial Accounts shall increase $8.00 as follows:

Pick-Up Per Week 1 2 3 4 5 6

1 Container $71.00 $96.00 $136.00 $176.00 $216.00 $256.00

*Minimum Rate

1 - 5 pickups per week; Monday through Friday based on City collection route scheduling. 6 pickups per week; Monday through Saturday.

(c) Any customer not specifically enumerated in the schedule in subsection (b) will be charged a rate based upon estimated volume as estimated by the City Manager or someone under his direction. If it is determined by the City Manager or his designee that a specific-type container will better serve the customer and/or be more advantageous to the sanitation collection system, the customer will be required to use that type container. Customers assigned 96-gallon carts will be responsible for replacement cost if the cart is damaged or lost.

Sec.12-73. -12.74. **** Sec.12-75.- Waste Management Facility Fees.

(a) Rates per load shall be paid by either cash or check at the City's Waste Management Facility gatehouse. Rates per load will be by scale measurement at the rate of forty-five dollars ($45.00) per ton. There is a minimum $10.00 fee at the gate. If the scale measurement is not available the following rates will apply:

(1) Motor vehicles and trailers.

Commercial vehicle ........................... $33.00

Big trailer (flat fee) .............................. 33.00

Small trailer ........................................ .13.00

Pickup .................................................. 13.00

Pickup with small trailer ..................... .26.00

Uncovered loads (litter control fee) ..... 10.00 additional

(2) The rate per load for uncompacted material is forty-five dollars ($45.00) per ton or nine dollars ($9.00) per cubic yard.

(3) The City reserves the right to use the cubic-yard formula for oversized or irregular loads.

( 4) Commercial haulers with compacted loads or heavy haulers will be required to weigh off­

site and present a tear ticket. The load weight will be charged at forty-five dollars

($45.00) per ton.

(5) Any other items not covered under this article for disposal; fees shall be negotiable.

(b) Miscellaneous disposal fees.

• Appliances-Freezers, refrigerators, air conditioners, etc. (with a Freon removal certificate), additional.. ... $! 0.00

• (if Freon has not been removed), additional ................................... $50.00

• Washers, dryers, water heaters, dishwashers, stoves, etc., each ..... $10.00

• Furniture, beds, couches, chairs, etc.,each ..................................... $ 5.00

• Tire disposal of passenger car/truck, each ...................................... $ 1.50

• Medium/heavy truck, each .............................................................. $ 6.00

• Heavy equipment tire, each ........................................................... $10.00

• Additional added if steel wheel is attached, each ............................ $ 5.00

• Fifty-five-gallon drum bum barrels, each ....................................... $ 3.00

(d) Fees for the City Waste Management Facility Permit Program shall be:

• Appli~ation processing fee .................................................................... $ 50.00

(one time, nonrefundable, per applicant)

• Security deposit ..................................................................................... $500.00

(after a two-year good standing, four hundred dollars ($400.00) will be credited back to the account)

Sees. 12-76. - 12. 79. **** Sees. 12-80. - 12-85. Reserved.

Severability. If any provision, sections, exceptions, subsections, paragraph, sentence, clause or phase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable.

Conflicts. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter cov~red by this ordinance.

This ordinance shall become effective October 1, 2015; with rate modifications to be indicated on the October- November 2015 utility billing cycle, upon first & final reading and its publication pursuant to law.

PASSED AND APPROVED TillS 28th day of September, 2015.

CITY OF FORT STOCKTON

')ll~~~L Joe Chris Alexander, Mayor

Raul B. Rodriguez, City Manager

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**** Denotes that the current information in the Code of Ordinances of the City of Fort Stockton remains the same.