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Ord 13-2011 2/15/2011ORDINANCE NO. 13 -2011 Ordinance Amending Section 90 -128 Of The Code Of Ordinances Of The City Of Wichita Falls, Relating To Commercial Landfill And Transfer Station Charges; And Providing For Codification WHEREAS, owners of rental properties have complained about the City Code's disparate treatment of rental property owners vis -a -vis homeowners with respect to landfill charges, allowing only homeowners to be exempt from said charges; and WHEREAS, Section 90 -128 of the Code of Ordinances of the City of Wichita Falls allows for landfill charges to be assessed against utility bills, which presents significant coordination problems with the City's automated utility billing system; and WHEREAS, the fees provided in 90 -128, as amended below, are determined to be reasonable, and to be amounts that do not exceed the cost of maintaining and operating the landfill and providing for capital costs thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: 1. Section 90 -128 of the Code of Ordinances of the City of Wichita Falls is amended to read as follows: Sec. 90 -128. Commercial landfill and transfer station charges. The charges for commercial landfill and transfer station cl -nrges are as follows: (1) Municipal /industrial solid waste hauled to landfill, per ton $30.80 (2) Municipal /industrial solid waste hauled to transfer station, per ton $40.15 (3) Source - separated compostable organics hauled to the landfill, perton. $19.80 (4) Contract haulers and private firms hauling commercial and certain industrial waste in detached bulk containers in a minimum annual amount of 100 tons may negotiate a disposal charge by written contract with the city manager. The city manager shall negotiate a rate profitable to the city after considering current market conditions and the city's disposal costs. (5) rO^ ffieFGiai FeSidential. Commercial haulers will be assessed the appropriate user fee for the use of the landfill or transfer station. All governmental entities, excluding the city, shall be charged the commercial rate. (66) Municipal solid waste from a city residence which is assessed the residential rate may be disposed of at the landfill or transfer station without charge. if rental prepet4j, is invelve If the hauler is being compensated for the hauling, then the hauler will be considered a commercial hauler and a disposal fee shall be assessed. The sanitation superintendent or disposal site supervisor shall have the authority to determine if a fee is to be assessed in situations not otherwise covered by city ordinance. Any hauler who delivers solid waste material to the landfill or transfer station shall be charged a loose materials fee of $25.00 unless the load is covered and the covering firmly secured to the vehicle or the waste material is completely enclosed by the load- carrying compartment of the vehicle. 2. Codification The City Council intends the provisions of this ordinance to become a part of the Code of Ordinances of the City of Wichita Falls, and sections of this ordinance may be renumbered or relettered to accomplish such intention. PASSED AND APPROVED this the 15th day of February, 2011. ce'-'� L�' MAYOR ATTEST: