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Ord 89-2002 10/15/2002 ORDINANCE NO. $P1:0,00a\ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DELETING DIVISION 2 OF ARTICLE VII OF CHAPTER 26, ENTITLED LICENSE AND CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, AND AMENDING CHAPTER 90, ARTICLE II, AT DIVISION 1, BY THE DELETION OF SECTION 90-33, UNAUTHORIZED COLLECTION OR TRANSPORTATION; FURTHER AMENDING CHAPTER 90 AT DIVISION 4, BY THE ADDITION OF SECTION 90-128, COMMERCIAL LANDFILL AND TRANSFER STATION CHARGES; PROVIDING FOR INCLUSION IN THE CODE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the disposal of municipal and industrial waste is of paramount importance to the City of Wichita Falls; and, WHEREAS, it is the desire of the City to set a clear set of rates for the disposal of municipal and industrial waste. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Division 2 of Article VII of Chapter 26 of the Code of Ordinances, entitled License and Certificate of Public Convenience and Necessity, is hereby deleted in its entirety. SECTION 2. Section 90-33 of Division 1, Article II of Chapter 90 of the Code of Ordinances, entitled Unauthorized Collection or Transportation, is hereby deleted in its entirety. SECTION 3. Division 4 of Chapter 90 of the Code of Ordinances, entitled Rates, Charges and Billing Procedure, is hereby amended by the addition of Section 90-128, which section shall read as follows: "Sec. 90-128. Commercial Landfill and Transfer Station Charges The charges for commercial landfill and transfer station charges are as follows: a. Municipal/industrial solid waste hauled to landfill $28.00 per ton b. Municipal/industrial solid waste hauled to transfer station $36.50 per ton c. Source-separated compostable organics hauled to the landfill $18.00 per ton d. 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. e. Commercial, residential. Commercial haulers will be assessed the appropriate user fee for the use of the landfill or transfer station. Payment shall be by cash or prearranged charge account. The fee may be charged to the user's utility bill with verifiable identification. 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 property is involved or if the hauler is being compensated for the hauling, a disposal fee shall be assessed. All governmental entities, excluding the city, shall be charged the commercial rate. 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." SECTION 4. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. SECTION 5. That all ordinances or parts of ordinances in conflict herewith is hereby repealed. SECTION 6. That should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 7. It is officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this 15th day of October, 2002. Mayor ATTEST: 1 I WiAth City Clerk