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2014-289FILE REFERENCE FORM 2014-289 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended b Ordinance No. 2015-296 09/15/15 JR ORDINANCE NO. 2014-289 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 2013-230. AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-7, 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE AND RECYCLING SERVICES; PROVIDING FOR AMENDMENTS TO THE RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES RATES; PROVIDING COMMERCIAL REFUSE AND RECYCLING COLLECTION SERVICES RATES; PROVIDING PROCESSING AND DISPOSAL SERVICES RATES; PROVIDING SOLID WASTE & RECYCLING SERVICES DEFINITIONS; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. SECTION 1. The charges for Solid Waste and Recycling collection services as authorized by Section 24-42(b) of Article II, Section 24-66 of Article III and Section 24-4 of Article I of Chapter 24; and by Section 32-90 of Article IV of Chapter 32 of the Code of Ordinances of the City of Denton, Texas, are hereby established as follows: SOLID WASTE AND RECYCLING RATE SCHEDULES ., RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES ..............................2 COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES .,..,....w...�............�.3 PROCESSING AND DISPOSAL SERVICES .....................................................:......................5 SOLID WASTE AND RECYCLING SERVICES DEFINITIONS ..........................................7 1 RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/O1/2014) Residential collection services accounts are defined as: A single-family detached dwelling unit, each unit of a duplex or triplex, or any single unit or living space in which an individual or single family resides. Carts are collected weekly. All refuse must be bagged when placed within the refuse cart and the lid must be fully closed. Recycling materials should not be bagged when placed in the recycling cart and the lid must be fully closed. All carts must be placed at the curb by 7:00 a.m. on the scheduled collection day. Residential accounts are billed monthly. Residential Collection Services Small Refuse & Recycling Cart Standard Refuse & Recycling Cart Large Refuse & Recycling Cart Additional Large Refuse Cart ��ar�tlaly Rate $ 26.00 $ 26.75 $ 32.00 ......$ 26.50 To receive any of the following residential services, residents shall contact Customer Service a minimum of one day prior to their scheduled collection day. Service Fees Excess Refuse - per cart reload and empty Yard Waste - per cubic yard, in excess of 4 cubic yards Large Household Item - per item, in excess of 4 items per year Appliances and Electronics Residential Remodeling - per CY -(4 CY maximum) Cart change out fee - for next service day 2 $ ..........................�.�.�.� _� $ 7.00.......� � $ 7.00 $ .�...20.00� � � $ 20.00 � ...............�.�W�W�W..�__ $ 65.00 COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/O1/2014) Every owner, occupant, tenant, or lessee of any business, commercial, institutional, or industrial property not entitled to receive residential refuse collection service shall be required to have commercial collection service provided by the City of Denton. Commercial accounts will be billed monthly or semimonthly. New commercial business development and redevelopment will be provided commercial refuse and recycling services as outlined in the Denton Development Code and Site Plan Criteria Manual. Refuse and recyclables will be collected in city provided or city-approved containers only. Only recyclable materials accepted by the City shall be deposited in the City's recycling containers. The owner/manager of all commercial businesses is responsible for notifying their personnel of proper recycling procedures. The City of Denton has the authority to inspect the contents of any municipal container. Recyclable materials contamination shall not exceed 10%, or the materials will be hauled and billed by the City of Denton as Municipal Solid Waste. Commercial Collection Services Commercial Cart Service One Pair Refuse and Recycling Carts Additional Recycling Cart Commercial Side Load & Front Load Refuse Services .�.....�$ 32.00 _. — $ 5.50 Rates are for one cubic yard of scheduled service. For each classification, multiply the cubic yardage rate by the weekly number of cubic yards of service provided to determine the monthly service charge for scheduled commercial collection service. Commercial Refuse Rates Per Cubic Yard Per Month Commercial Side Load Service Front Load < 4 Cubic Yard Service Front Load > 4 Cubic Yard Service 6 CY Front Load Compactor Temporary Container Rental Charge Temporary Container Collection Charge Commercial Recycling Rates Per Cubic Yard Per Month Front Load < 4 Cubic Yard Service Front Load > 4 Cubic Yard Service 3 $ 32...5.0.........�..., ..�...........�W.....W... 25.00 $ 22...5.0........�....... . $ 67.50 _...._. ............. $ 80.00 ......n.n.n.�.......... _ _ $ 115.00 .....__._�___ _ $ 22.50 — .......................�..$...�.�............__.....____...______— 20.25 Temporary Container Rental Charge Temporary Container Collection Charge - OCC Temporary Container Collection Charge - Single Stream Special Events Recycling Small Events - 10 Clear Stream (CS) Bags & Holders Dumpster Package - 1 x 8 CY Container, 20 CS, Signs Roll-Off Container Charges Open Top Rental Charge Self Contained Compactor Rental Charge 42 CY Stationary Compactor Rental Charge Roll-Off Container Collection Charge Commercial Service Fees Delivery / Relocation / Inaccessible / Exchange / Extra Service Container Right-of-Way Fee - Per Day Same Day Service Fee (request before 11:00 a.m.) Dumpster Lock Installation & Services Per Month 4 �.$ �o.00 ..i .........�,.._�_ _...__ � $ 52.50 $ 84.00 ...................... —w_.�........ $ 60.00 ..�............��n.�. ..� $ 144.00 .. �. $ 160 00 � _ ....................�.�.� .��.� � ....� �,_�. $ 430.00 ---.. $ 620.00 ...........�...........��n..�......... $ 270.00 Per Item $ 75.00 ...�..$� 10.00 -----...._...�_... ............... $ 50.00 �..e..,n.n......._... $ 20.00 PROCESSING AND DISPOSAL SERVICES (Effective 10/O 1 /2014) Municipal Solid Waste Disposal Rates Gate Rate Commercial Rate Wholesale Rate Clean Lumber Special Waste Collection Cubic Yardage Rates - Per Cubic Yard (CY) Uncompacted MSW Compacted MSW Concrete, Block, Brick Other Charges Minimum Gate Charge Unsecured Loads - Per Load Appliances - Per Item Electronics - Per Item Hand Unloading when LF Closed - Charge Per Hour Materials Pull-Off Charge - Per Pull Tire Charges – Each Street Tires < 31 " diameter Street Tires > 31 " diameter and < 42" diameter Off-road tires and street tires >_ 42" wheel diameter Tires with Rim – Each Street Tires < 31 " diameter Street Tires > 31 " diameter and < 42" diameter Off-road tires and street tires ? 42" wheel diameter Sand and Soil - Per Ton (plus sales tax) Screened Sand Select Fill Select Fill - CL Grade Crushed Concrete Sales - Per Ton Rock Sales - Per 1001bs. Materials Delivery Fee - Minimum Charge Per Load 5 Rates �� • Ton $�..., 44.00....�.�..... � $ 28.50 ..._.._._.... $ 23.00 $ . . . . . . . . . . . . . 2 . 3 . .. . O O . . . . . . . . . . . .. varies Per Cubic Yard ......$.......�.._... ..�..........�..�....,.�. 7.80 ......,$..,..�,... 8.20 �. �........... 5.00 . $ 25.00 � ......................,............._...— $ 20.00 --$----. ...�.�.�.��...........W�...... ......$....._. 15.00 �$ 1.2.0...0.0 ..............w. $ 40.00 $ 8.00 $ - �..� .�� ..................m $ 35.00 � ....��._______16.00 .......... � ............. .......... $ 30.00 $ 50.00 �� $ 4.25 � .. $ .................�.3..�.�.�..............Ae _._._._._ ........ $ 4.50 $ 8.00 �....�$ .................�..�w.�......�,..........,.. � �� 0 $..... ...1.00...0 .0 Community Garden Plots Annual Charge per Garden Plot (16' x 24') Plots are paid for on a calendar year basis. No proration. Vehicle and Equipment Storage Rates Single Space Leased Annual Rate for Single Space Leased � ......._ �..... . , � $ 50.00 I _ $ .................... 25.00 ... $ 250.00 ........... SOLID WASTE & RECYCLING SERVICES DEFINITIONS (Effective 10/O 1 /2014) Household f H��r��°�1�� Waste Residential and multi-family household chemicals should not be placed in your refuse container. They include pesticides, herbicides, cleaning chemicals, paints, oils, etc. Residents shall contact Customer Service to receive curbside collection. The chemicals should be kept in their original containers and placed where requested by the Customer Service staff. Electronic Equipment Televisions, monitors, video displays, laptops, similar electronic devices, and certain appliances containing CRT, LED, LCD, plasma, and other electronic displays will be charged fees for the collection, processing, recycling, and disposal of these items. Residential Remodelin� Residential remodeling materials include, but are not limited to; lumber, brick, fencing, drywall, and other construction materials. No materials shall exceed 8 feet in length. If the customer has over 4 cubic yards of remodeling materials for collection, the customer is required to utilize a City refuse container of adequate size to contain the materials and maintain a collection service frequency of at least once per month. Residential customers may be provided commercial containers and services at the published commercial rates. Temporary containers may be placed on residential property for up to 30 days. Commercial Cart Collections In areas wher ��mmm� e commercial cart collection service is available, small quantity waste generators (one cubic yard or less of refuse per week) may contract for weekly cart service. All refuse must be placed in the cart, and the cart set out for collection no later than 7:00 a.m. on the scheduled collection day. A maximum of four carts will be provided; two refuse and two recycling. �.`c�r��r��a��•��i��l �m7� �avc�r°v 1 ��cl�xc��:�t�c�rt�...�...��<��,�;��i�� l E��:1�,��,�...� �.�. l � �ka�r ��,� A fee will be charged for container delivery, relocation, inaccessibility, exchange, or extra collection services. Commercial Same-Dav Service Fee The Solid Waste Department Customer Service personnel must receive commercial on-demand service requests prior to 11:00 a.m. in order to provide same day collection service. Commercial Deposit Fee A service deposit is required for commercial containers. Payments to the City that are not received by the due date will result in the customer's deposit being increased during the next billing cycle. The deposit increase will be based upon the customer's billing history. To continue receiving service, the customer is required to remit the previous service balance owed and the increased deposit charges. The General Manager of Solid Waste and Recycling Services, or designee, may adjust the deposit based upon the review of the customer's credit history and other criteria. r� Shared Commercial Containers Shared commercial container customers must have at least one cubic yard of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste & Recycling staff. Commercial Service Requirements Equipment Uses - All equipment furnished by the City shall at all times be considered the property of the City, and not private property. Customers shall not modify the equipment or use it for any purpose other than as set forth herein. The City shall repair, as necessary, the equipment furnished. The customer, however, agrees to be solely responsible for any damages to or loss of equipment resulting from any negligent acts or misuse by the customer, customer's agents, employees, or invitees. The City may temporarily replace the size and/or type of equipment contracted with one or more pieces of equipment of equivalent capacity for the purposes of repairing the equipment. Customer agrees that the equipment is in the customer's care, custody, and control at all times. Equipment Location Customers shall provide an accessible location for the equipment that is safe and provides adequate and legal clearance. Customers will be solely responsible for providing access to the equipment at all times and shall not be relieved of payment of any charges for services contracted for, but not provided by the City because of the customer's failure to maintain continuous specified access to the equipment. The equipment location requires a minimum of 4 feet of clearance around all sides of the equipment, if equipment is not located within an enclosure constructed to the City's standards. No container shall be set closer than 4 feet to any structure. The drive path that the City's service truck takes on the customer's premises must provide a minimum clearance on each side of the City's truck of at least 2 feet. Overhead clearance of 25 feet is required for roll-off containers, and 20 feet for front and side load containers. Failure of the customer to provide and maintain these minimum clearances will result in a discontinuation of their service until full clearance access is provided, and will require the customer to pay any and all damage claims, public and private, resulting from servicing the container. Services required to place the container at another location will be charged to the customer. Container Weight Limits Loaded side-load containers shall not exceed a total weight of one ton. Loaded front-load containers shall not exceed a total weight of two tons. Any container evaluated by the City's collection manager to contain excess weight shall be emptied by the customer to the level determined by the collection manager prior to being serviced. Tickets and/or fines for overweight roll-off loads, and the City's administrative costs are the responsibility of the customer and shall be paid by the customer. �ecial Wastes Acceptance of special waste is subject to Federal and State laws and regulations, and the City of Denton has the right to refuse to accept or collect special waste at their discretion. Charges for the collection and disposal of special waste, approved by the General Manager of Solid Waste and Recycling, will be established based on the type of special waste and the regulatory requirements for collection and disposal of the waste Unsecured Loads In compliance with State regulations, solid waste loads that are not adequately secured to prevent the material from spilling will be charged an Unsecured Load Fee. :� Sand, Soil, Rock, and Ag�regate Material Sales The Solid Waste Department may sell excess sand, soil, rock, and aggregate materials to the public. Pricing for these materials will be established by the General Manager, Solid Waste and Recycling at a rate to fully recover costs. Sales tax shall be added to the sales price. Salva�ed Materials Materials offered for sale at the Second Chance Store will be sold at the approximate salvage value. Landfill Surchar�e The current State of Texas assesses a landfill surcharge per (30 TAC 330.602), the surcharge is a pass- through charge collected on behalf of the State of Texas. Any additional assessment or fees established by a governmental entity will be added to the disposal rates and assessed on all waste delivered to the landfill. Miscellaneous .5 ...............�� hould any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the City shall recover those additional costs from the customer. Other collection and processing services may be provided at fees established by the department, and approved by the General Manager. The fees established will recoup the cost of service, including special and administrative services provided. Indemnification and Hold Harmless Customer shall dmmmmmm� efend, indemnify and hold the City harmless from any and all claims at the service location, and any and all claims made by any other person having an interest in the property situated at the service location, for any loss, damage or deterioration of the pavement, surface, subsurface materials, or similar facilities at the service location by reason of use thereof by the City's trucks that are used to service the equipment. Customer further agrees to release, indemnify, defend and hold harmless the City of Denton, Texas, from and against any and all claims of damages related to the furnishing of solid waste and recycling services performed by the City in servicing single- and multi- family living facilities as well as commercial entities. 7 SECTION 2. The General Manager of Solid Waste and Recycling of the City of Denton, or designee, is hereby authorized to deny the use of the City of Denton landfill to any customer who provides false information regarding the origin of, or the composition of the solid waste delivered for disposal to the landfill; or for safety violations committed by a customer within the landfill; or for non-compliance with verbal and written instructions provided to the customer by Solid Waste and Recycling Department personnel at the landfill; or for nonpayment of delinquent funds owed by the customer to the City of Denton, Texas; or for any violation of the law committed by the customer within the landfill; or for any non-compliance by the customer with the Texas Commission on Environmental Quality regulations or policies; or for any non-compliance by the customer with the City of Denton's Code of Ordinances or rules; or for any violation of the written landfill rules by the customer as posted by the Solid Waste and Recycling Department at the entrances to the landfill, from time to time. SECTION 3. It is in the public interest that the provisions of Sections 26-3, 26-4, 26-5, 26- 7, 26-8(a), and 26-9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall expressly apply to City of Denton Solid Waste and Recycling services. SECTION 4. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances 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 6. This ordinance shall become effective, charged, and applied to all solid waste and recycling services rendered by the City of Denton on and after October 1, 2014; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. �':��4�;� ��c� ,�1�1'i��V��;) tl�a�...._,�''x °��-s�� c�l ��W�;"�� fS��. �� ,„ CHRIS WATTS, MAYOR 10 ATTEST: JENNIFER WALTERS, CITY SECRETARY � �� r � �� BS'� ._ � ,��'�+��..� �_��,��° � �� .��✓,W�� , APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY B �� J IT � � �� ..,d � � Y• � � ............_.�__. �.�, — _ �.. ...� .................. —� �I;.. ,. 11