Ord 089-2002 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