1990-003ORDINANCE N0. 12-23
XAS AMENDING SH OR RUBBISH)
OF DENTON , TE GARBAGE TRA CLAg EM[S)
OF THE CITY ULERS OF ZREMENT5;
PRIVATE ' gp,ULEP , RE4U IN THE MA
AN EgMIT R QUIRED FOR BY PRIVATE A PENALTY G FOR
(p _24 (VEHICLES NODES ; PROVIDIV500Fp, o00) ; AND PROVIDIN
AND 12-24 OF ORDI DOLLARS
,
OF THE FIVE HUNDRED of garbage
AMOUNT OF DATE. rivate haulers who operate
EFFECTIVE are p City limits of the
there hts-of-waayhe city;
presently waste within th5 and rig
WHEREAS, solid highways alley Bement by
rubbish an
ranted a franchise agr
upon the public
having been g to the City
city without recommended e that the
and having action to enosfr its streets
the City Manager for the use
EASE take interim operate or
WHER the Council compensation hauler hauler has
that ust and fair such private, the rivate O
RE,
unless THEREF
Council a by requiring that no
city recei the City City; NOW,
and highwys within t w
t business reemen
conduc ith the
a license ag OF DENTON HEREBY ORDAINS:
ed d for
obtain OF THE CZTY 12 (permit Redquire
the Coe of Ordi-
THE COUNCZL 23 of Chapter of to read as ubbish) I, That Sec. 1 Trash or Ris hereby amended
SECTION ers of Garbage,
Private Ha the City of Denton► Texas,
nances o private haulers of
follows: a required for p waste.
garbage or solid rovided in Sec
Sec, 12-23• arba9e~ trash except ath business of a
corporatiO engage in public streets,
a) NO person ► f shallr P ate or u the thout
o er ice POn of the city W1 the
( 12-23 (c)~ collectio right -Of-way accordance
hi g ~ waste or license in
hig aving alleys obtain in
ed a to engage
f first of this chapter.
who wishes shall make
tern's or corporation service unity
(b) collection of comm roof
erson, f'r%)Iid waste director Each p c with the f and ollowing p sworn
the business o license to
for all furnish the
applicatio The applican Shall be subscribed
c
services. whi or wi17~
and information
ublic: as obtained
notary p t h with require-
before a the applican dance encing
t that ca in accor comm
(1) A statemen insuran chapter before ranted*
obtain liability by this should be g
pr o n the event a license
meets
service,
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(2) The applicant shall set out the number of vehicles
which the applicant proposes to operate and the make,
model and body style of each vehicle. All applicants
shall identify each vehicle by placing clearly legible
letters no smaller than six (611) inches on every
vehicle identifying the applicant by name.
(3) The names of all officers, operators or principal
owners of the business, in such application and the
service to be conducted thereunder. Each applicant
who is operating under an assumed name shall file an
assumed name certificate with the county clerk's
office clearly identifying all persons having an
interest and shall attach a copy of this certificate
to his application.
(c) Any person who obtains a permit to construct, enlarge,
repair or change the occupancy of a building who engages
in any hauling of trash, debris, or construction materials
or solid waste from the demolition or construction site
shall pay an annual hauling fee of $50. This fee shall be
in addition to any building permit, construction permit,
demolition permit or other fee charged by the city.
SECTION II. That sec. 12-24 of Chapter 12 (Vehicle Used by
Private Haulers, Requirements; Classes) of the Code of Ordinances
of the City of Denton, Texas, is hereby amended to read as follows:
Sec. 12-24. Terms of License
(a) Each private solid waste collector licensee shall pay to
the city, at the office of the executive director of
finance in lawful money of the United States, eight (8%)
percent of its gross receipts measured by the solid waste
collection service fees and revenues collected and other
income from any source derived from the operation of the
solid waste collection service. Each licensee shall remit
this license fee monthly on or before the twentieth day of
each month based upon the revenues collected during the
previous month. This compensation shall be in lieu of any
other fees or charges imposed by any other ordinance now
or hereinafter enforced during the life hereof, but shall
not release the licensee from the payment of ad valorem
taxes levied, or to be levied, on property it owns, or
fees for using the city's landfill.
(b) The books and records of the solid waste collection
licensee shall be open at reasonable times for inspection
by the city manager or his designee in accordance with the
terms of the license.
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(c) The city manager may impose all reasonable rules and
regulations as a condition precedent to issuing a license
under this article and as a condition subsequent to
continuing validity. Such rules and regulations may
include, but are not necessarily restricted to, a type of
vehicle to be used in collection, number of pickups per
week required, method and route for transporting said
collection, appropriate disposal locations and identifica-
tion of trucks. All such rules and regulations shall be
subject to the approval of the city council and shall be
contained in the license agreement issued by the city to
any solid waste collector.
SECTION III. 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.
SECTION IV. That this ordinance shall become effective
fourteen (14) days from the date of its passage, and 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 theh~ day of , 1990.
RAY !TEPHENSt MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
prihaul.ord
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