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Ord 146-95 12/19/1995ORDINANCE NO.)� -'G ORDINANCE ADDING ARTICLE IV TO CHAPTER 17 AND AMENDING SECTIONS 17 -57 AND 17 -62 OF THE CODE OF ORDINANCES TO PROVIDE RULES, REGULATIONS AND POLICIES FOR THE MARKETING OF MATERIAL FROM THE CITY COMPOSTING FACILITY; AND PROVIDING NEW RATES FOR SOURCE - SEPARATED COMPOSTABLE ORGANICS WHEREAS, the City of Wichita Falls finds that composting is cheaper than landfilling; and, WHEREAS, it is in the public interest to provide for efficient marketing of the city's compost products; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION ONE. Section 17 -57 is amended to include the following: "(9) Source - separated compostable organics means organic materials that at the point of generation have been separated, collected and transported separately from non - organic materials; and that are compostable at the City's composting operation. Source - separated compostable organics may include materials such as, but not limited to, yard trimmings, clean wood materials, paper, manure, vegetative material and water treatment sludge. Materials must be compostable by the City using the permits and equipment available at the time of delivery. The Sanitation Superintendent will have the final determination of which materials qualify. Contamination by foreign objects will disqualify that load from consideration. (10) Clean wood materials means wood or wood materials, including stumps, roots, or vegetation with intact rootball, sawdust, pallets and manufacturing rejects. Clean wood material does not include wood that has been treated, coated or painted by materials such as, but not limited to, paints, varnishes, wood preservatives, or other chemical products. Clean wood material also does not include demolition material, where the material is contaminated by materials such as but not limited to paint or other chemicals, glass, electrical wiring, metal and sheetrock." SECTION TWO. Subsection (b) of Section 17 -62 is amended to read as follows: (b) Landfill and Transfer Station Use Fees: Fees - for -tire use -ef- the- landfi33- -s-ha-1-1- be- -at tore -rate -o€ - twenty -eight - dollars 4 $ 2 8 - A A } - pe-r -tan- - f er - g-a -rbage- -and - t r s - -E>r3- g-i- n-at3Tig- -from - w t hire the - -arty - - 1-iiiii -ts- - and - do-l3 -a -rs- - 4 $ 5 6 -:9 A } - per- - -ton - f rem eutside- the- -o-it-)�- - 14-mrte- Fees for the use of the landfill for materials originating from within the city limits shall be at the rate of twenty -eight dollars ($28.00) per ton for garbage and trash; and at the rate of eighteen dollars ($18.00) per ton for source - separated compostable organics. For materials originating from outside the city limits the landfill fees shall be at the rate of fifty -six dollars ($56.00) per ton for garbage and trash; and at the rate of thirty -six dollars ($36.00) per ton for source - separated compostable organics. Fees for the use of the transfer station shall be at the rate of thirty -six dollars and fifty cents ($36.50) per ton for solid waste originating from within the city and seventy -three dollars ($73.00) per ton for solid waste from outside the city limits. Weights shall be determined to the nearest one - quarter ton and charged accordingly. The minimum charge shall be equal to the rate for one - quarter ton. Fees for each type license and use are as follows: (1) Commercial, residential: Commercial haulers will be assessed the appropriate "users fee" for the use of the landfill or transfer station. Payment shall be by cash or prearranged charge account. Fee may be charged to users utility bill with verifiable identification. Refuse from a Wichita Falls resident 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 of Wichita Falls, 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. (2) Class 1: Twenty -eight dollars ($28.00) per ton for refuse hauled to the landfill, and thirty -six dollars and fifty cents ($36.50) per ton for refuse hauled to the transfer station and eighteen dollars ($18.00) per ton for source - separated compostable organics hauled to the landfill. At either site, there will be a minimum charge equal to the applicable rate for one - quarter ton. All charges will be accumulated on a monthly basis with the monthly total billed subtracting the twenty dollars ($20.00) minimum rate for commercial establishments. No monthly rate will be reduced below the minimum fee, and all charges in excess of the minimum fee will be added to the monthly utility bill. (2) Class 2: Twenty -eight dollars ($28.00) per ton for refuse hauled to the landfill, aad thirty -six dollars and fifty cents ($36.50) per ton for refuse hauled to the transfer station and eighteen dollars ($18.00) per ton for source - separated compostable organics hauled to the landfill. At either site, there will be a minimum charge equal to the applicable rate for one - quarter ton. Charges will be accumulated on a monthly basis and added to the monthly utility bill. (4) Class 3: Fifty -six dollars ($56.00) per ton for refuse hauled to the landfill, and seventy -three dollars ($73.00) per ton for refuse hauled to the transfer station and thirty -six dollars ($36.00) per ton for source separated compostable organics hauled to the landfill. There will be a minimum charge equal to the applicable rate for one - quarter ton. Fee shall be paid upon entrance to the disposal site by cash, coupon or prearranged charge account. (5) Class 4: Rate to be determined by origination of refuse. Refuse hauled from inside the city limits will be charged twenty -eight dollars ($28.00) per ton at the landfill or thirty -six dollars and fifty cents ($36.50) per ton at the transfer station. Refuse hauled from outside the city limits will be charged fifty -six dollars ($56.00) per ton at the landfill or seventy -three dollars ($73.00) per ton at the transfer station. Source - separated compostable organics hauled from inside the city limits will be charged eighteen dollars ($18.00) per ton. Source - separated compostable organics hauled from outside the city limits will be charged thirty -six dollars ($36.00) per ton. There will be a minimum charge equal to the applicable rate for one - quarter ton. Payment shall be made by method arranged upon issuance of license. (5) Class 5: Rate to be determined by origination of refuse. Refuse hauled from inside the city limits will be charged twenty -eight dollars ($28.00) per ton at the landfill or thirty -six dollars and fifty cents ($36.50) per ton at the transfer station. Refuse hauled from outside the city limits will be charged fifty -six dollars ($56.00) per ton at the landfill or seventy -three dollars ($73.00) per ton at the transfer station. Source - separated compostable organics hauled from inside the city limits will be charged eighteen dollars ($18.00) per ton. Source - separated compostable organics hauled from outside the city limits will be charged thirty -six dollars ($36.00) per ton. There will be a minimum charge equal to the applicable rate of one - quarter ton. Payment shall be made by method arranged upon issuance of license. SECTION 3. Chapter 17 of the Code of Ordinances is hereby amended to add: "ARTICLE IV. Rules and Regulations Governing Distribution of Wichita Falls Organics, Compost and Mulch. Section 17 -76 Definitions. (a) "Wichita Falls Organics" means those materials, compost or mulch, produced at the Wichita Falls Organics Recycling Facility. This is the trade name used for marketing purposes. (b) "Vendor" means any organization that has registered with the Sanitation Department and has paid the registration fee. (c) "Wichita Falls Organics Recycling Facility" means the portion of the Wiley Road Landfill permitted and used for composting operations. Section 17 -77 Registration Required. (a) Registration. No person, firm or corporation, except duly authorized agents and employees of the City, shall distribute or market materials generated by the Wichita Falls Organics Recycling Facility, without a registration on file with the Sanitation Department and without having paid the registration fee. The purpose of registration is to insure that all vendors marketing this product comply with all applicable Federal, State and Local rules and regulations. Failure to comply with these rules and regulations is grounds for revoking the vendor's registration. (b) Registration Fee. A two hundred dollar ($200.00) prorated annual registration fee is required to cover administrative costs. These costs include TNRCC documentation, receipts, and other related expenses. Vendor registration is valid January 1 through December 31, and will be prorated accordingly. This fee is payable to the City of Wichita Falls at the Landfill Office or the Sanitation Department Office at 200 Sunset Drive. Section 17 -78 Purchase of Wichita Falls Organics. Wichita Falls Organics may be purchased during normal operating hours at the Landfill Office by registered vendors. Purchase price will be seven dollars ($7.00) per cubic yard with a 3 yard minimum. A limited quantity of material may be available and will be available on a first come first serve basis. In order to make the compost available to all vendors a limit of 100 cubic yards may be purchased on any one day by a single vendor. Although the city will make every effort to maintain adequate inventory, the availability of compost or related products is not guaranteed or assured. Section 17 -79 Resale of Wichita Falls Organics. Registered vendors may resell Wichita Falls Organics at their discretion. Resale must be made under the Wichita Falls Organics trade name and logo, both of which must be displayed on all packaged or bagged compost. Pre - mixing these materials with other soils and selling under another trade name is prohibited. The vendor will provide the city with a list of users when required by TNRCC Regulations, and will provide these users any notices required by the TNRCC. Section 17 -80 City use of Wichita Falls Organics. Wichita Falls Organics may be used by City departments at the discretion of the Sanitation Superintendent. Use on city property, demonstration sites and as samples is authorized. Other uses, as determined by the Sanitation Superintendent, are also authorized. Section 17 -81 TNRCC Criteria. Wichita Falls Organics meets or exceeds all Environmental Protection Agency (EPA) and Texas Natural Resources Conservation Commission ( TNRCC) criteria for use by the general public. It is the responsibility of the vendor to provide the customer with information on how to properly use Wichita Falls Organics. Section 17 -82 Penalties. Any person who violates any provision of this article will have their registration revoked and may be prohibited from future purchases of Wichita Falls Organics. SECTION 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall be not affected thereby. SECTION 6. This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Wichita Falls, and it is accordingly so ordained. SECTION 7. It is hereby 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 the 19th da f December, M A Y 0 ATTEST: b o q `, a r CITY y LERK (/ ORDINANCE NO. 145-95 AN ORDINANCE OF THE CITY COUNCIL OF THE C I T Y OF W I C H I T A FALLS, TEXAS, GRANT- ING TEXAS UTILITIES ELECTRIC COMPANY AN ELECTRIC LIGHT, HEAT / AND POWER FRANCHISE \I FOR THE PURPOSE OF !ere) CONSTRUCTING, ERECT- ING AND MAINTAINING ITS POLES, TOWERS, WIRES, ANCHORS, CA- BLES, MANHOLES, CON- DUITS AND OTHER STRUCTURES AND AP- PURTENANCESALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, ALLEYS, PUB- LIC GROUND AND PLAC- E S I N S A I D C I T Y; PRESCRIBING THE CON- SIDERATION THERE - FOR: PROVIDING FOR RIGHT TO USE CERTAIN FACILITIES OF THE ELECTRIC COMPANY; PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID FRAN- CHISE; PROVIDING FOR SEPARABILITY; PRO - S_,. VIDING FOR INJUC- TIONS; PROVIDING FOR PUBLICATION; PROVID- ING AN EFFECTIVE DATE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE t, WAS DISCUSSED WAS �R OPEN TO THE PUBLIC AS i1REQUIRED BY LAW ORDINANCE NO. 146.95 �,/� ORDINANCE ADDING .Y1x ,f�' ARTICLE IV TO CHAP- .`y TER 17 AND AMENDING SECTIONS 17 -57 AND 17 -62 OF THE CODE OF ORDI- N A -N•C.E S T O P R O V CD'.E'. RUi�S,. REGULATIONS 'AN, ,0dLICIE,5 FOR THE MARK'ETINDyOF MATE - RI'AL'FROM " 'HE CITY COMPOSTING FACILITY; AND PROVIDING NEW RATES FOR SOURCE- SEPARATE D COM- POSTABLE ORGANICS ORDINANCE NO. 147.95 ORDINANCE WAIVING APPENDIX A, SUBDIVI- SION SECTION 9 (B) (2) (a) OF THE CODE OF OR- DINANCES WITH RE- SPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF HORSESHOE LAKE ROAD, ADJACENT TO THE EAST LINE OF LOT 2, UNIT 59, WICHITA VAL- LEY FARMS ORDINANCE N0148 -95 ORDINANCE MAKING AN APPROPRIATION IN THE GENERALFUNDFOR ADDITIONAL GRANT REVENUE FROM THE TEXASDEPARTMENT OF HEALTH AND AUTHO- RIZING THE CITY MAN - AGER TO EXECUTE CONTRACT ACCEPTING SAME ORDINANCE NO. 149 -95 ORDINANCE WAIVING SECTIONS 31 -72 OF THE CODE OF ORDINANCES REGARDING AGE RE- QUIREMENTS FOR VE- HICLESFORHIRE Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA Ad #26340 On this 2 d day of January 1996 A.D............. personally appeared before me, the undersigned authority Mary E. 'Newell bookkeeper for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Times /Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached advertisement is a true and correct copy of advertising published in one 1 % issues thereof on the following dates: December 30 1995 9 Bookkeeper for Imes Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above written: