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Ord 100-2001 10/16/2001ORDINANCE NO. 100 -2001 ORDINANCE REVISING CHAPTER 90 SOLID WASTE TO REFLECT THE CONVERSION OF MANUAL CURBSIDE SERVICE TO AUTOMATED CONTAINER SERVICE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls has completed the conversion of manual curbside refuse service to automated curbside collection service; and WHEREAS, Chapter 90 of the Code of Ordinances still reflects restrictions and requirements associated with manual curbside refuse service; and WHEREAS, the City Council wishes to revise Section 90 -61 through Section 90 -97 to reflect the conversion of all curbside refuse service to automated container collection. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Sec. 90 -62 through Sec. 90 -97 is hereby revised as follows: Sec. 90 -62. Required. (a) Each owner, occupant, tenant or lessee receiving automated curbside collection shall be provided a suitable refuse container by the City. Each owner, occupant, tenant or lessee is responsible for keeping the container in a clean and sanitary condition. The City Sanitation Division will make all necessary repairs to the container that may be required from normal use. (b) Each owner, occupant, tenant or lessee receiving automated curbside collection shall utilize the container provided by the city sanitation division. One replacement container will be provided at no charge unless it is determined by the sanitation division supervisory staff that the container was lost, stolen or destroyed due to abuse or neglect. Thereafter, each replacement container will require a deposit of $50.00. All municipal solid waste must be placed in the container and the lid tightly closed. The sanitation superintendent shall determine those residences that continually exceed the single container volume (96 gallons) and make arrangements for them to receive a secondary container. Additional containers will require an additional monthly charge as set forth in Division 4. (c) Each owner, occupant, tenant or lessee receiving alley collection refuse service shall place the household refuse within the three cubic yard container provided by the City. Each user of the system shall endeavor to keep the container lid closed so that flies and insects may not have access to the solid waste contained therein. It shall be unlawful for anyone to use an alley container unless such person is a resident in that city block backing onto the alley or an agent or employee of a person in the block. -(Code 1966, §§ 17 -3, 17 -4) Sec. 90 -63. Maintenance. The containers for municipal solid waste automated collection shall be kept in a sanitary condition and closed tightly at all times so that flies and other insects may not have access to the municipal solid waste contained therein. (Code 1966, § 17 -5) Sec. 90 -64. Placement for city collectors. (a) Municipal solid waste automated containers, container racks, or permanent or semi - permanent container holders of any nature shall not be allowed to remain on the curb, except during collection as set forth below. (b) Containers for automated collection shall be placed at a point adjacent to the street on the side so designated by the sanitation division to facilitate cost effective and efficient service. Containers shall be placed at the curb no earlier than the day of collection and not later than 7:00 a.m. on the day of scheduled collection. Every resident shall ensure the container is at least five feet from any horizontal obstruction as well as 12 feet from any vertical obstruction. Containers shall be removed from the curb no later than 8:00 p.m. on the day of collection. (Code 1966, § 17 -6) Sec. 90 -65. Meddling with receptacles; pilfering, scattering contents or junking. The meddling with municipal solid waste cans, yard waste or rubbish receptacles or in any way pilfering, scattering contents or junking in any alley or street within the city limits is prohibited. (Code 1966, § 17 -7) Sec. 90 -66. Yard Waste Disposal. (a) Any owner, occupant, tenant or lessee may request one automated yard waste container per single - family residence, which will be supplied by the City Refuse Division free of charge. The yard waste containers will be serviced once per week by the City without an additional charge. Persons served by a yard waste automated container shall place the yard waste completely within the container with the lid closed. (b) Any person desiring to dispose of tree trimmings or other organic material that will not fit into the automated yard waste container may request a special crew pickup. The charges shall be $70.00 per hour for provision of a truck and crew of two for hauling. A 15- minute travel time will be assessed plus loading time in computing the charges. (Code 1966, § 17 -8) -(Code 1966, § 17 -11) Secs. 90- 68-- 90 -95. Reserved. DIVISION 3. SPECIFIC WASTES Sec. 90 -96. Removal of construction, remodeling or cleanup waste. (a) Rock, waste, scrap building materials, or other trash resulting from construction or remodeling or from a general cleanup of vacant or improved property or from sizeable amounts of trees, brush, or debris cleared from property will not be removed by the city as a regular service but may be done for the owner on payment of extra fees at the rate of $70.00 per hour for provision of a dump truck and a crew of two. A 15- minute travel time will be assessed plus loading time in computing the charges. (b) Notwithstanding subsection (a) of this section, all types of trash, refuse and rubbish will be carried by the city during various cleanup campaigns proclaimed by the city. During a cleanup campaign, no additional charges will be levied for picking up properly bundled or bagged trash, municipal solid waste or rubbish. (c) During the term of any cleanup campaign in which no charge will be levied, it shall be unlawful for the user to load or allow to be loaded in the trailer or disposer anything that will extend above the height or beyond the side of it. (d) Material described in subsection (a) of this section that is hauled in a truck or trailer having a gross vehicle weight of 10,000 pounds or higher shall be disposed of at the city sanitary landfill only. (Code 1966, § 17 -14) Cross reference(s) -- Buildings and building regulations, ch. 22. -(Code 1966, § 17 -15) Secs. 90- 98 - -90 -125. Reserved. DIVISION 4. RATES, CHARGES AND BILLING PROCEDURE Sec. 90 -126. Charges for city collection. The rates for gathering and removal of municipal solid waste from all premises within the city shall be calculated on the following basis: Per Month (1) Single- family unit ... a) Alley Collection $10.55 b) Curbside Automated Collection $ 9.05 (2) One - family unit or single - family unit, without alley entrance, where it is necessary to carry out municipal solid waste for more than ten feet but less than 50 feet from the curb ... 22.00 (3) One - family unit or single - family unit, without alley entrance, where it is necessary to carry out municipal solid waste for more than 50 feet but less than 100 feet from the curb ... 27.00 (4) One - family unit or single - family unit, without alley entrance, where it is necessary to carry out the municipal solid waste more than 100 feet from the curb ... 32.00 (5) Multifamily units on one meter, excluding apartment complexes and mobile home parks, per unit. a) Alley Collection $10.55 b) Curbside Automated Collection $ 9.05 (6) Multifamily units on separate meter, excluding apartment complexes and mobile home parks, per unit. a) Alley Collection $10.55 b) Curbside Automated Collection $ 9.05 (7) Apartment houses and complexes, which receive curbside automated collection, all residential units therein, each unit ... 9.05 (8) Mobile home parks, which receive curbside automated collection, all mobile home spaces therein, each space ... 9.05 (9) Commercial and business establishments, which receive curbside automated collection, shall be charged at a rate to be established by the sanitation superintendent on the basis of cost of service to be determined by the container volume or time consumed, but no business, commercial customer or establishment shall be charged less than $20.00 per month for hand collection service. (10) Commercial and business establishments, apartment complexes and mobile home parks and the city housing authority which receive sanitation container system service for the removal of municipal solid waste shall be regulated under the rates and rules as provided in this subsection, as routes for such service are established by the city. Under the sanitation container system service, the city will furnish a container to be used in the collection and removal of municipal solid waste. The monthly charges will be determined from the following schedule; these charges are based on the container size and number of collections per week: .ontainer Size Pickups Per Week Monthly Charge Per Container cubic yard) 2 $ 60.00 3 90.00 4 120.00 5 150.00 6 180.00 2 68.00 3 102.00 Any customer requesting container system service shall provide adequate access to the container site, as approved by the sanitation superintendent. If at any time the requested container service level is determined to be inadequate to meet required service demands, the sanitation superintendent shall have the authority to increase the number of containers and /or frequency of collections. Any customer who pays the rate set forth in this subsection for containers and has been furnished the containers may upon request be furnished additional containers. The rate increase is to be determined by the schedule in this subsection. A charge of $25.00 per container will be made for each change in size or number of containers serving a site when such change is requested by the customer. When containers can serve several adjacent business institutions, they will be required to use the same container and pay a pro rata part of the charge determined according to the appropriate quantity of space used. Additional pickups will be made at $35.00 per container. Nothing outside the container will be removed for the container fee. Containers must be properly loaded with doors closed for pickup to occur. The customer shall be responsible for the cleanliness around the container and shall ensure boxes (cardboard /wood) are broken down prior to being placed in the container. (11) Service rendered outside the corporate limits shall be 200 percent of the rates set out in this section. (12) Automated curbside service rates will be calculated on the same basis as subsections (1) through (9) of this section. Additional automated curbside service may be added to any account for a rate, for each additional container, that is 50 percent of the established rate. (Code 1966, § 17 -19) Sec. 90 -127. Due date of charges. All sanitary service charges shall be due and payable as provided in section 106 -281. (Code 1966, § 17 -20) Secs. 90- 128 - -90 -155. Reserved. ARTICLE III. LANDFILL Sec. 90 -156. Unauthorized entry. City employees and city officers directing operation of the city functions and persons delivering municipal solid waste to the city sanitary landfill are allowed on the site. All other persons are prohibited therefrom, and any such person shall be prosecuted as a trespasser. (Code 1966, § 17 -21) Sec. 90 -157. Unauthorized separation or collection of material. All junk and other material at the sanitary landfill is the city's property, and no person is allowed to separate and collect, carry off or dispose of such material except under the direction of the designated officials of the sanitation division. (Code 1966, § 17 -22) Secs. 90- 158 - -90 -185. Reserved. ARTICLE IV. RECYCLABLE MATERIALS* *State law reference(s) -- Recyclable material, V.T.C.A., Health and Safety Code § 361.001 et seq. SECTION 2. 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 16th day of October, 2001. AYOR ATTEST: • • Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA 1419618 On this 19th day of November 2001 A.D appeared before me, .. ORDINANCE NO. ndersigned authority, Saundra Barnett, bookkeeper for the Times Publishing O R D IS 1 N C E pany of Wichita Falls, publishers of the Wichita Falls Times/Record News, a AMENDING ON 595O -0FAP paper published at Wichita Falls in Wichita County, Texas, and upon being P E N D I X B , ZONING O R D I- sworn by me, on oath states that the attached advertisement is a true and NANCE, OF THE CODE E S N. A o ct copy of advertising published in one ( 1 ) issues thereof on the following VARIOUS OTHER SECTIONS AS EACH PERTAINS November 18th 2001. TO THE REGULA- TION OF COIN-OP- E R A T E D AMUSEMENT MA- CHINES. ORDINANCE NO. 96-2001 ORDINANCE AMENDING AP- PENDIX B,ZON- ING ' OR DINANCE Saundra Barnett SECTION 5600 ON 5600RE- GARDING RECRE- A T I O N A L Bookkeeper for the Times Publishing VEHICLE PARKS AND RELATED Company of Wichita Falls DEFINITIONS THEREIN; RETI- TLING CHAPTER 82,ARTICLE VI OF I. THE CODE OF OR- aF DINANCES. � ORDINANCE NO. 98-2001 ORDINANCE OF 4..S Subscribed and sworn to before me this the day and year first above written: THE CITY COUN- C'•, CIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAP- 4/i TER 22 OF THE Q� CODE OF ORDI- NANCES TO PRO- • VIDE F O R • CERTAIN CHANG- 'Q �• ES IN REGULA- TIONS FOR THE LICENSING AND BONDING OF CON- TRACTORS; DE- CLARING AN EMERGENCY. ORDINANCE NO. 100-2001 ORDINANCE RE- VISING CHAPTER 90 SOLID WASTE TO REFLECT THE CONVERSION OF MANUAL CURB- SIDE SERVICE TO AUTOMATED CON- TAINER SERVICE ORDINANCE NO. 101-2001 ORDINANCE SET- T I N G THE CHARGE FOR 10 CUBIC YARD ROLL-OFF CON- TAINER REFUSE SERVICE