1991-066wasreohpril 30 1991
ORDINANCE NO -4264/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 12 OF
THE CODE OF ORDINANCES TO PROVIDE THAT THE CITY OF DENTON SHALL BE
THE EXCLUSIVE PROVIDER OF COMMERCIAL SOLID WASTE SERVICES WITHIN
THE CITY, PROVIDING FOR AN EXCEPTION FOR SPECIAL WASTE HAULERS
WITH A PERMIT, PROVIDING FOR AN EXCEPTION FOR RECYCLABLE REFUSE
HAULERS BY REGISTRATION, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $500 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, in June of 1988, the City Council created a Blue
Ribbon Citizens Committee for Solid waste to study and make a
recommendation regarding the City's role in continuing to provide
solid waste services, and
WHEREAS, the Committee recommended that the City continue to
provide residential solid waste services and also become the exclu-
sive provider of commercial solid waste services within the City of
Denton, and
WHEREAS, the Texas Legislature has found that the control of
solid waste collection and disposal is the responsibility of local
governments, and
WHEREAS, State law mandates that each municipality shall
assure that municipal solid waste collection and disposal services
are provided to all persons within its jurisdiction either by the
municipality or a private person [TEX HEALTH & SAFETY CODE ANN
§363 113 (Vernon Supp 1991)], and
WHEREAS, State law also authorizes a municipality to adopt
rules for regulating solid waste collection, handling, transporta-
tion, storage, processing, and disposal [TEX HEALTH & SAFETY CODE
ANN §363 111 (Vernon Supp 1991)], and
WHEREAS, state law evidences a clear articulation of State
policy to allow municipalities to displace competition in the pro-
viding of municipal solid waste services in order to insure the
most effective and efficient regulation, collection, and disposal
of solid waste and to protect the public health, safety, and
welfare, and
WHEREAS, the City Council finds that making the City of Denton
the exclusive provider for all solid waste services in the City
would be the most effective and efficient manner of providing those
services and would serve the public health, safety, and welfare,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That section 12-2 of the Code of Ordinances is
amended by adding the following definitions
Hazardous Waste "Hazardous Waste" means any
commercial or residential garbage, trash, rubbish or
other solid waste identified or listed as a hazardous
waste by the administrator of the U S Environmental
Protection Agency (EPA) pursuant to the federal Solid
Waste Disposal Act, as amended by the Resource Conserva-
tion and Recovery Act, 42 U S C 6901 et seq , as
amended
Infectious Waste "Infectious Waste" means commer-
cial or residential garbage, trash, rubbish, or other
waste containing pathogens or biologically active mater-
ial which because of its type, concentration, and quan-
tity is capable of transmitting disease to persons ex-
posed to the waste, including human and animal tissue,
bandages and other material used in health care which
become contaminated by pathogenic materials
Special Waste "Special Waste" means any commercial
or residential garbage, trash, rubbish, hazardous waste,
infectious waste, or other solid waste that because of
its quantity, concentration, physical or chemical charac-
teristics or biological properties is not collectable by
the City's sanitation division
SECTION II That section 12-3 of the Code of Ordinances is
amended to read as follows
Sec 12-3 Sanitation division director
The head of the sanitation division shall be
designated by the City Manager
SECTION III That section 12-4 of the Code of Ordinances 1s
amended to read as follows
Sec 12-4 City to Provide Solid Waste Services
The City's sanitation division shall be the exclu-
sive provider of residential and commercial garbage,
rubbish, and refuse collection and disposal services for
all premises within the City and it shall be unlawful for
any other person to provide residential or commercial
garbage, rubbish, or refuse collection or disposal
services to any person for compensation within the City,
PAGE 2
or to make use of the public streets for that purpose,
except as provided in this Chapter
SECTION IV That section 12-14 of the Code of Ordinances is
amended to read as follows
Sec 12-14 Prohibited Materials and Regulations
(a) The head of the City's sanitation division
shall keep a list of special waste that is not acceptable
for collection and disposal by the sanitation division
The head of the sanitation division may also make reason-
able rules regarding the collection and disposal by the
City's sanitation division of any garbage, rubbish,
trash, or other solid waste that requires special prepa-
ration or handling to meet the requirements of any State
or federal law or regulation or which are otherwise
necessary to safely and properly collect, transport, and
provide for disposal The list of special waste and the
rules shall be written and kept on file by the head of
the sanitation division and be available for public
inspection during regular business hours
(b) No person shall deposit in any container
serviced by the City sanitation division any special
waste The City sanitation division may refuse to
collect, transport, or dispose of special waste or any
other garbage, rubbish, trash, or other solid waste that
does not comply with this Chapter or the regulations made
by the head of the sanitation division
(c) Each property owner shall be responsible for
arranging with an authorized private hauler for the
collection, removal, and disposal of any special waste or
other garbage, trash, rubbish, or other solid waste which
the City's sanitation division will not collect
SECTION V. That section 12-21 of the Code of Ordinances is
amended to read as follows
Sec 12-21 Owner to Arrange for Collection
Every owner, occupant, tenant or lessee of any busi-
ness, commercial, or institutional property, or other
property not entitled to receive residential garbage
collection services shall arrange, by contract with the
City, for commercial garbage collection and disposal
services from the City's sanitation division, except as
otherwise specified in this Chapter
PAGE 3
SECTION VI That section 12-22 of the Code of Ordinances is
amended by deleting paragraph (d) of that section
SECTION VII. That section 12-23 of the Code of Ordinances is
amended to read as follows
sec 12-23 Annual Permit Required for Special Waste
Haulers
(a) No person shall collect or remove for compen-
sation from any property within the City any special
waste without first obtaining a special waste hauler's
permit from the division of sanitation
(b) The person applying for a special waste haul-
er's permit shall make application to the City's sanita-
tion division on forms provided for that purpose, and pay
the required fee The application shall require the
following information
(1)
The name and business address of the appli-
cant
(2)
The name of the owner of the property and
the
address where the special waste will be col-
lected
(3)
A description of the special waste to
be
collected
(4)
The location where the special waste will
be
disposed, including proof, when required
by
the head of the sanitation division, that
the
applicant is legally authorized to dump at
the
specified location
(5)
A description and the license number of
the
motor vehicles to be used in collecting
and
transporting the special waste within
the
City
(6)
Any other information which is reasonable
necessary to administer this section
(c) The head of the sanitation division shall issue
the special waste hauler's permit to the applicant if
(1) Proper application has been made and the fee
paid
PAGE 4
(2) The applicant will only be collecting special
waste as defined in this Chapter
(3) The applicant is authorized to use the speci-
fied disposal site and the manner and place of
disposal does not appear to violate any State
or Federal law or regulation or City ordi-
nance
(d) The special waste hauler's permit shall be
valid for one year from the date of issuance
SECTION VIII That section 12-24 of the Code of Ordinances is
amended to read as follows
Sec 12-24 Recyclable Refuse
(a) Nothing in this Chapter shall prohibit a person
from collecting, gathering, or transporting recyclable
refuse collected from property within the City
(b) Any person who transports recyclable refuse
collected from any property inside the City to a point
outside the City more than three times per year shall
register with the City's sanitation division, on forms
provided for that purpose There shall no fee for
registration
(c) As used in this section, "recyclable refuse"
means glass, tin, aluminum, paper, newspaper or other
discarded materials which are not special waste and have
been separated from other garbage, trash, and rubbish at
the point of collection for delivery to another location
for processing for reuse
SECTION IX That the fee for the special waste hauler's
permit required by section 12-23 of Chapter 12 of the Code of
ordinance shall be $50 00
SECTION X That beginning on February 3, 1992, the City's
sanitation division shall be the exclusive provider of residential
and commercial garbage, rubbish, and refuse collection and disposal
services for all premises located within Sector 1, as described in
this section, and it shall be unlawful for any other person to
provide residential or commercial garbage, rubbish, or refuse
collection or disposal services to any person for compensation for
any premises located within Sector 1 on or after February 3, 1992,
except as otherwise permitted by this ordinance Sector I shall
include the property located west and south of the following
boundary
PAGE 5
Sector 1 Beginning at the point where the northern city
limits intersects Interstate Highway 35E, then south
along Interstate Highway 35E to where it intersects
Highway 77, then south and east along Highway 77 to where
it intersects Bonnie Brae Street, then south along Bonnie
Brae Street to its intersection with Interstate Highway
35E, then south and east along Interstate Highway 35E to
where it intersects U S Highway 377, then south along
U S Highway 377 to where it intersects the southern city
limits, as shown in Exhibit A, attached to and incorpo-
rated into this ordinance by reference
SECTION XI That beginning on February 10, 1992, the City's
sanitation division shall be the exclusive provider of residential
and commercial garbage, rubbish, and refuse collection and disposal
services for all premises located within Sector 2, as described in
this section, and it shall be unlawful for any other person to
provide residential or commercial garbage, rubbish, or refuse
collection or disposal services to any person for compensation for
any premises located within Sector 2 on or after February 10, 1992,
except as otherwise permitted by this ordinance Sector 2 shall
include the property located north and east of the following
boundary
Sector 2 Beginning at the point where the northern city
limits intersects Interstate Highway 35E, then south
along Interstate Highway 35E to where it intersects
Highway 77, then south and east along Highway 77 to where
it intersects Bonnie Brae Street, then south along Bonnie
Brae Street to its intersection with U S Highway 380
(University Drive), then east along U S Highway 380 to
where it intersects the eastern city limits, as shown in
Exhibit A, attached to and incorporated into this
ordinance by reference
SECTION XII That beginning on February 17, 1992, the City's
sanitation division shall be the exclusive provider of residential
and commercial garbage, rubbish, and refuse collection and disposal
services for all premises located within Sector 3, as described in
this section, and it shall be unlawful for any other person to
provide residential or commercial garbage, rubbish, or refuse
collection or disposal services to any person for compensation for
any premises located within Sector 3 on or after February 17, 1992,
except as otherwise permitted by this ordinance Sector 3 shall
include the property located within the following boundary
Sector 3 Beginning at the point where the eastern city
limits intersects U S Highway 380 (University Drive),
then west along U S Highway 380 to its intersection with
Bonnie Brae Street, then south along Bonnie Brae Street
PAGE 6
to its intersection with Interstate Highway 35E, then
south and east along Interstate Highway 35E to its
intersection with Teasley Lane, then north along Teasley
Lane to its intersection with Dallas Drive, then north
and east along Willow Springs to its intersection with
Shady Oaks Drive, then north and east along Shady Oaks
Drive to its intersection with Woodrow Lane, then north
along Woodrow Lane to its intersection with McKinney
street, then east along Mckinney Street to where it
intersects the eastern city limits, as shown in Exhibit
A, attached to and incorporated into this ordinance by
reference
SECTION XIII That beginning on February 24, 1992, the City's
sanitation division shall be the exclusive provider of residential
and commercial garbage, rubbish, and refuse collection and disposal
services for all premises located within Sector 4, as described in
this section, and it shall be unlawful for any other person to
provide residential or commercial garbage, rubbish, or refuse
collection or disposal services to any person for compensation for
any premises located within Sector 4 on or after February 24, 1992,
except as otherwise permitted by this ordinance Sector 4 shall
include the property located within the following boundary
Sector 4 All remaining land located with the City of
Denton not included in Sectors 1, 2, and 3, as described
in this ordinance and as shown in Exhibit A, attached to
and incorporated into this ordinance by reference
SECTION XIV That section III of this ordinance shall become
effective on February 24, 1992, sections X, XI, XII, and XIII of
this ordinance shall be effective fourteen days after the date of
passage of this ordinance, sections I, II, IV, V, VI, VII, VIII,
and IX of this ordinance shall be effective on February 2, 1992,
and that all other sections of this ordinance shall be effective
upon passage
SECTION XV That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity
SECTION XVI That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$500 00 Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense
PAGE 7
SECTION XVII That the City Secretary is hereby directed to
cause the caption of this ordinance to be published twice in the
Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the~C~ day of , 1991
CASTLEBERRY,
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY AA h I 'j. /j
?Ulf-I
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
PAGE 8
2234L
ORDINANCE NO Q- 3
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR RESI-
DENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES AS AUTHO-
RIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON; AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the charges for residential garbage collection
sere ceps as authorized by Section 12-19(b) of Article II of
Chapter 12 of the Code of Ordinances is hereby established in the
amount of Nine Dollars and 95/100 ($9 95) for each individual
family unit for a thirty (30) day period
SECTION II That the charges for commercial and institutional
garbage co ection services, established in accordance with
Section 12-20 of Article III of Chapter 12 of the Code of Ordi-
nances, shall hereafter be
A DUMPSTERS
Cubic Yards
Collected Per Week
Rate Per
Cubic Yard Per Week
1-3
$8
93
4-6
6
92
7-10
6
66
11-25
6
52
26-50
6
47
51-100
6
29
101-125
6
02
126-150
5
93
151-175
5
65
176 or more
5
47
B OPEN TOP CONTAINERS AND COMPACTORS
Type
of
Rent
Container
Per 30 Days
Service
Charg
e
20
cubic
yard
open top
$ 39
53
$5
40
per
cubic
yard
30
cubic
yard
open top
52
50
5
40
per
cubic
yard
40
cubic
yard
open top
57
75
5
40
per
cubic
yard
12
cubic
yard
compactor
87
15
5
40
per
cubic
yard
15
cubic
yard
compactor
89
25
5
40
per
cubic
yard
20
cubic
yard
compactor
115
50
5
40
per
cubic
yard
25
cubic
yard
compactor
115
50
5
40
per
cubic
yard
30
cubic
yard
compactor
157
50
5
40
per
cubic
yard
42
cubic
yard
compactor
176
40
5
40
per
cubic
yard
A delivery fee of $50 00 per container will be charged to all
new customers for open top containers and compactors
SECTION III That this ordinance shall become effective im-
mediate y upon is passage and approval
PASSED AND APPROVED this the Z~day oft~p 1990
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY AAAU AA
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY