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Ord 010-2005 2/15/2005ORDINANCE NO, I U S ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES AT SECTION 90 -128, COMMERCIAL LANDFILL AND TRANSFER STATION CHARGES; TO ASSESS A FEE FOR THE HAULING OF LOOSE MATERIALS TO SUCH FACILITIES; 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 operates solid waste transfer station and landfill facilities, and, WHEREAS, the State of Texas requires facility operators to "take steps to encourage that vehicles hauling waste to the facility are enclosed or provided with a tarpaulin, net, or other means to effectively secure the load in order to prevent the escape of any part of the load by blowing or spilling." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT SE CTION 1 . Section 90 -128 of the Code of Ordinances of the City of Wichita Falls, Texas, is hereby amended to read as follows: "Sec. 90 -128. Commercial landfill and transfer station charges. The charges for commercial landfill and transfer station charges are as follows: (1) Municipal /industrial solid waste hauled to landfill, per ton:... $28.00 (2) Municipal /industrial solid waste hauled to transfer station, per ton ... $36.50 (3) Source - separated compostable organics hauled to the landfill, per ton ... $18.00 (4) 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. (5) 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. (6) Any hauler who delivers solid waste material to the landfill or transfer station shall be charged a loose materials fee of $25.000 unless the load is covered and the covering firmly secured to the vehicle or the waste material is completely enclosed by the load- carrying compartment of the vehicle." SE CTION 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 15" day of February, 2005. , le p MAYOR PRO TEM ATTEST: ty Clerk