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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