Ord 016-95 2/21/1995ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, ADDING ARTICLE III TO CHAPTER
17 OF THE CODE OF ORDINANCES TO PROVIDE RULES,
REGULATIONS AND POLICIES FOR THE COLLECTION AND
REMOVAL OF RECYCLABLE MATERIALS WITHIN THE CITY;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE;
FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Wichita Falls finds that waste
reduction and recycling are preferable to the disposal of
municipal waste in landfills; and,
WHEREAS, it is necessary in the public interest to
provide for efficient management of solid waste collection and
providing disposal and a means to enhance the recycling of
materials within the city limits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Chapter 17 of the Code of Ordinances is
hereby amended to add:
"ARTICLE III. Rules and Regulations Governing Collection
of Recyclable Materials.
Section 17 -67. Definitions.
(a) "Recycling Container" shall mean any container
authorized by the Director of Public Works for the collection
of recyclable materials, which is suitable for emptying by
automated equipment by a Recyclable Materials Transporter.
(b) "Recyclable Materials" shall mean materials which
are capable of being reprocessed or being manufactured and
diverted to re -use and include, without limitation, office and
high -grade paper, corrugated paper, newspaper, telephone
books, cardboard, plastics, aluminum, various metal, ferrous,
glass and tin.
(c) "Recycling Site" shall mean a specific geographic
site where one or more recycling containers may be placed and
maintained by a licensee.
(d) "Solid Waste" shall mean all putrescible and all
non - putrescible solid, semi -solid and liquid waste, including
garbage, trash, refuse, paper, rubbish, ashes, industrial
waste, demolition and discarded home and industrial
appliances, de- watered treated or chemically fixed sewage
sludge which is not hazardous waste, and other discarded solid
or semi -solid waste.
(e) "Recyclable Materials Transporter" shall mean any
entity who collects recyclable materials from recycling
containers not located on the transporter's place of business,
for the purpose of transportation off -site.
(f) ' "Nonprofit organizations" shall mean any entity
which has been declared as tax exempt under Title 26, United
States Code Annotated Section 501c.11'
Section 17 -68. License Required.
(a) License. No person, firm or corporation,
except duly authorized agents and employees of the City, shall
place and maintain recycling containers in the City, without a
written license for each recycling site issued by the
Department of Public Works and without having paid the
required fee as herein prescribed. Open top containers, of 12
cubic yards or larger, placed at industrial sites for purposes
of recycling of industrial process scrap shall not require a
license under this ordinance.
(b) License Fee. The license fee for each
recycling site shall be Fifty Dollars ($50.00) per site per
year. All nonprofit organizations that place recycling
containers located on property owned by the nonprofit
organization shall be exempt from this license fee. A maximum
of 200 recycling site licenses shall be issued at any point in
time.
(c) Permit Requirement. No Recyclable Materials
Transporter, except duly authorized agents and employees of
the City, shall collect or transport recyclable materials
without a permit issued by the Department of Public Works.
Such permit shall list the location and number of recycling
sites the permittee is serving under the permit. As a
condition precedent to the issuance of permits for collection
of recyclable materials by a recyclable materials transporter,
a surety bond in the amount of Two Thousand ($2,000.00)
Dollars and a Certificate of Insurance for property liability
in the amount of $500,000.00 shall be executed by the person
or persons desiring such recycling permits. The bond shall be
with a corporate surety company licensed to do business in the
State of Texas. Such bond shall be made payable to the City
and shall indemnify the City against any damage to public
property, public liability and any cleanup that may arise as
the result of activities related to recycling pursuit to this
article. Such surety bond shall also be conditioned upon and
liable for strict compliance with the terms of this article
and the permits granted thereunder.
Section 17 -69. Recycling Container Requirements.
It shall be the duty of every person, firm or corporation
operating under a recycling license within the City of Wichita
Falls to place leak -proof recyclable containers that conform
to a color scheme as directed by the Director of Public Works.
All recycling containers licensed pursuit to Section 17 -68
shall have a logo placed on the container that identifies the
licensee, their place of business and phone number in letters
at least one (111) inch in height which are clearly legible and
readable. No recycling container may exceed thirty (30) cubic
yards nor be less than three (3) cubic yards in volume.
Section 17 -70. Maintenance of Recycling Containers.
The Licensee shall keep the recycling containers in a
sanitary condition and closed tightly at all times so that
rodents, flies or other insects may not have access to the
materials contained therein and shall only be removed while
emptying additional recyclable material therein or while the
person collecting the recyclable material is removing such
materials or unloading the same for collection. The contents
of all receptacles shall be so protected that the wind cannot
blow out and scatter the same over the streets, alleys or
premises of the City. All areas where a recycling container
is maintained must be kept in a sanitary and clean manner.
Section 17 -71. Placement of Recycling Receptacles.
No recycling receptacle shall be placed or be maintained
in the public right -of -way. A list of locations of all
recycling receptacles shall be filed with the Director of
Public Works, listing the number and location of all recycling
receptacle units.
Section 17 -72. Inspection and Enforcement.
It shall be the duty of the Superintendent of Sanitation
or his designee to make regular inspection trips at regular
intervals to determine whether such recycling containers are
being properly maintained and to further determine if the
containers are of the kind required by this article. The
Director of the Department of Health or his designee shall
assist in the enforcement of this article and shall have the
power to make inspections to determine whether or not the
recycling container material is being properly collected,
transported and disposed of in a sanitary manner.
Section 17 -73. Revocation of License and /or Permit.
Any license or permit issued hereunder may be revoked by
the Director of Public Works for a violation of this article
or any ordinance of the City by the licensee or the operator
of any vehicle of such licensee. Any license issued hereunder
may be revoked for failure to comply with the regulations
pertaining to collection of recyclable materials within the
City of Wichita Falls. Revocation shall be effected by
written notice by the Director of Public Works to the licensee
or permittee and the Director shall immediately take up the
license or permit revoked. Within five (5) days after
revocation, an appeal may be made to the City Council for
reinstatement. The City Council shall give the applicant a
hearing, and after a hearing, shall sustain the action of the
Director of Public Works if it finds as a fact that the
applicant or an operator of his vehicle committed the act for
which the Director revoked the license. Otherwise, the action
of the Director shall be reversed, and the applicant's license
shall be reinstated.
Section 17 -74. Unauthorized Disposal of Non - Recyclable
Materials in Recycling Containers.
No person, firm, or corporation shall hereafter deposit,
place or dump, or cause to be deposited, placed or dumped any
solid waste in any of the designated recycling containers
placed and maintained within the City of Wichita Falls.
Section 17 -75. Penalties.
Any person who violates any provisions of this article
shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine not less than Two Hundred
($200.00) Dollars nor more than Two Thousand ($2,000.00)
Dollars. Each day upon which such a violation occurs
constitute a separate violation."
SECTION 2. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby
repealed.
SECTION 3. 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 4. 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 5. 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 21st day of February, 1995.
M A Y O R
ATTEST:
�� I ity Clerk
ORDINANCE NO. 11-95
ORDINANCE CLOSING HEAR-
ING AND FINDING CERTAIN
BUILDINGS AND /OR STRUC-
TURES TO BE DANGEROUS:
(� COMMANDING PROPERTY ere)
OWNERS TO DEMOLISH SAID
BUILDINGS AND /OR STRUC-
TURES WITHIN THIRTY (30)
DAYS OF THE DATE OF THIS
ORDINANCE AND DECLAR.
ING AN EMERGENCY.
ORDINANCE NO. 12-95
AN ORDINANC WAIVING
iECT;ON 25-,69 -d ';' iE CODE
OF ORDINXNCES-T6- ;ALLOW
THE OPERATidw t =`A TRAN-
SIENT SROW,/1T�TkE'NOTRE
DAME Hld4_,,SCHOdL 19TH.
ANNUAL SP1F)NG- FESTIVAL..
ON MAY S, 'AND 7, `- 1995;
FINDING ANDF •DETERMIN-
ING THAT THE MEETING AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO
' •A THE PUBLIC AS REQUIRED
''� BY LAW.
ORDINANCE NO. 13-95
ORDINANCE WAIVING SEC-
, TION 27 -29 OF THE CODE OF
ORDINANCES WITH RE-
SPECT TO PLACING A SIDE-
- WALK ON THE SOUTHEAST
SIDE OF STATE HWY 79, AD-
JACENT TO THE NORTH -
WEST LINE OF LOT 1, BLOCK
1,TEALWOOD PLACE
ORDINANCE NO. 14-95
ORDINANCE WAIVING AP-
PENDIX A, SUBDIVISION
SECTION 9 (B) (2) (a) OF THE
CODE OF ORDINANCES WITH
� ,w.',.•" RESPECT TO PLACING CURB t.
AND GUTTER ON THE s �+
<�� tom.•.,;
v}3 � SOUTHEAST SIDE OF STATE
HWY. 79, ADJACENT TO THE
NORTHWEST LINE OF LOT 1 0�
BLOCK 1, TEALWOOD PLACE
ORDINANCE NO. 15-95
ORDINANCE WAIVING AP-
PENDIX A, SUBDIVISION
SECTION 9 (B) (2) (a) OF THE
CODE OF ORDINANCES WITH
RESPECT TO PLACING CURB
AND GUTTER ON THE EAST
SIDE OF RIFLE RANGE
ROAD, ADJACENT TO THE
WEST LINE OF LOT 1, BLOCK
1, GOLDEN ACRES
ORDINANCE NO. 16-95
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS,
ADDING ARTICLE III TO
CHAPTER 17 OF THE CODE
OF ORDINANCES TO
PROVIDE RULES, REGU-
LATIONS AND POLICIES FOR
THE COLLECTION AND RE-
MOVAL OF RECYCLABLE MA-
TERIALS WITHIN THE CITY;
REPEALING ALL ORDI-
I NANCES OR PARTS OF ORDI-
NANCES IN CONFLICT HERE-
WITH; PROVIDING A SAV-
INGS CLAUSE; FINDING AND
DETERMINING THAT THE
MEETING AT WHICH THIS
ORDINANCES WAS DIS-
CUSSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY
LAW; PROVIDING FOR PUB-
LICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
On this 26th
Ad #609634
day of March
A.D.... 19...... 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 (I issues thereof on the following dates:
19arcft 16. 1995
I
Bookkeeper for imes Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written: