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2009-221FILE REFERENCE FORM 2009-221 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Amended by Ordinance No. 2010-231 09/21/10 ) R ORDINANCE N0.2009- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE ND. 2008-214 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 SERVICE; PROVIDING FOR THE ESTABLISHMENT OF NO PARKING ZONE FEES SCHEDULE SWC}; A CHANGE IN THE CONSTRUCION AND DEMOLITION UNCOMPACTED MATERIALS CUBIC YARDAGE RATE SCHEDULE SWC&D}; THE ADDITION OF A CONSTRUCTION AND DEMOLITION PROCESSING RATE SCHEDULE SWC&D}; AN INCREASE FROM 4% TO 5% OF GROSS REVENUES DUE THE SOLID WASTE DEPARTMENT FOR BUSINESSES PROVIDING COLLECTION AND TRANSPORTATION SERVICES WITHIN THE CITY LIMITS OF DENTON SCHEDULE SWP}; THE ADDITION OF 5% OF GROSS REVENUES DUE THE SOLID WASTE DEPARTMENT FOR `SMALL OPERATORS' SCHEDULE SWP}; AND REDEFINING THE TIRE SIZES FOR THE WHOLE TIRE RATES CHARGED SCHEDULE SWL}; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTNE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the charges for Solid Waste 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: SLID WASTE RATE SCHEDULES PAGE SWR Residential Solid Waste Collection Services 3 SWMFS Multi-Family Refuse Collection Services 6 SWRR Residential Recycling 8 MFR Multi-Family Chemical Collection I Recycling 9 SWC Commercial Solid Waste Collection Services 10 SWCR Commercial Recycling Services 17 SWC&D Construction, Deconstruction, and Demolition Materials 20 Services SWP Collection and Transportation Services Permit 22 1 S~VL Sanitary Landfill Services 28 2 SCHEDULE SWR RESIDENTIAL SOLID WASTE COLLECTION SERVICES Effective 10/01/09 APPLICATION Applicable for residential family unit solid waste collection service. A family urllt includes each unit of a duplex or triplex, each living unit of a residential lot, and any single unit or living space in which a person or single family resides. MONTHLY RATES Containerized Collection Service 1 pickup per week Size of Carts 1 Cart 2 Carts Large $18.751bi11 $33.50Ibill Medium $17.3 Slbill Small $15.5 0lbill All refuse must be placed within the cart with the lid fully closed. Residents may contact Solid Waste Customer Service to request that the Solid Waste collection personnel reload their refuse cart with additional bagged refuse materials ad j acent to the refuse cart at a price of $5.00 per additional cart reload and empty. The cart reload and extra empty services will be provided if the customer contacts the Customer Service Department and makes the request a minimum of one day prior to their scheduled collection day. Should any other fees andlor charges be established by any other authorized governmental entity, those fees andlor charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs from the customer. MINIMUM BILLING 1 BASE RATE SERVICE $15.00 per monthly bill applicable for residential solid waste service for an unoccupied residential family unit which remains vacant for a period greater than two months. This minimum billing rate shall only be effective after written application is made by the ratepayer with the Customer Service Department, and such minimum billing rate shall be limited to a maximum period of six months per calendar year. Should any other fees andlor charges be established by any other authorized governmental entity, those fees andlor charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs from the customer. 3 BILLING Residential accounts will be billed either monthly or quarterly, depending upon the discretion of the General Manager, Solid Waste Services. OTHER CHARGES There is no additional charge for the collection of bagged grass clippings and leaves, or brush and tree limbs which are cut and stacked in less than four foot ~4'} lengths, if the combined grasslleaveslbrush total volume is not over eight cubic yards per collection day. If over eight ~8} cubic yards of combined bagged grass clippings, brush, or leaves are placed out for collection on a collection day, excess volume charges will be assessed at $5.40 per cubic yard or part of a cubic yard collected far all cubic yards in excess of eight ~S} cubic yards. The Solid Waste Department staff will automatically collect and bill for excess volumes of yard waste if the additional charges are $25.00 or less. Residential customers may be provided metal containers and service at the published commercial rates. Residential customers shall contact Customer Service, a minimum of one day in advance of their scheduled collection day, to request the collection of up to four bulky items per year on their refuse collection day for no additional charge. Bulky items are residential household type items that are consistent with residential household use, such as furniture and selected appliances. Bulky items exclude those appliances manufactured to contain polychlorinated biphenyls PCB's} or chlorofluorocarbons ~CFC's}, and non-household type items, including but not limited to fencing, remodeling, and construction and demolition ~C&D}waste. Residential construction and demolition (C&D} waste, including but not limited to lumber, brick, fencing, and drywall, will be collected at the scheduled rate of $70.00 for mobilization plus $10.00 per cubic yard or any part of a cubic yard collected above one cubic yard. Materials must not exceed eight (S'}feet in length. Customers should contact Customer Service during normal business hours to request the collection of residential C&D waste. If the customer has over eight cubic yards of C&D waste for collection, the customer is required to have a city refuse storage container of adequate size to contain the waste, and maintain a collection service frequency of at least once per month. Appliances manufactured to contain PCB's or CFCs, for which the customer provides no certified removal documentation of the PCB's or CFCs, will be charged $50.00 for the collection and disposal of each appliance andlor the associated materials. There is no charge for the collection of a liances which were manufactured to contain either PCB's or CFCs, if the customer provides a pp certificate of documentation from an approved business qualified to remove these products indicatin that the PCB's or CFC's have been properly removed for their disposal. If the Solid g Waste Department is not provided a certificate of removal, the $50.00 charge per item will be assessed if the customer requests collection services through the Solid Waste Department. Televisions, monitors, video displays, elec~onic devices and certain appliances containing cathode ray tubes, LCD displays or plasma displays will be charged $20.00 per device for the collection, 4 processing and disposal of these devices. tither residential 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 the special and administrative services provided. when initiating new service, a residential Solid Waste service deposit maybe charged. 5 SCHEDULE SWMFS MULTI-FAMILY REFUSE CCLLECTICN SERVICES Effective 14101109} APPLICATION Special Collection services will be provided to Multi-Family facilities upon request. These services are provided for the collection of residential appliances and household furniture. Collection services will use commercial containers for furniture items and manual collection for appliances. Containerized furniture collection shall occur during the customer's normal refuse collection route service. The customer shall contact Customer Service and request furniture item container collection service (provided on a demand response basis} a minimum of one day prior to their regular refuse collection day. Items placed in the container may not extend beyond seven ~7} feet high from the bottom of the container. The customer shall contact Customer Service and request manual appliance collection at least one day prior to the regularly scheduled residential collection day. Items which will not be collected include: refrigerators, freezers, air conditioners, or any other item manufactured to contain CFC's or PCB's polychlorinated biphenyls}. MONTHLY RATES A. Household Furniture Container Service Container Size Monthl Rental Collection Service Fee 4 CY SL container $21.00 $45.00 per pickup 8 CY FL container $26.00 $61.04 per pickup B. Appliance & Furniture Item Collection Services $2.00 per apartment unit per month, minimum of 12 month subscription service required} for call-in service with once a week collection on the regular collection day. Televisions, monitors, video displays, electronic devices and certain appliances containing cathode ray tubes, LCD displays, or plasma displays will be charged $20.00 per device for the collection, processing and disposal of these devices. Should any other fees andlor charges be established by any other authorized governmental entity, those fees andlor charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs from the customer. SERVICE If the container is not serviced during the scheduled refuse collection route, and the customer desires a special collection service, services will be provided at the standard refuse service fees. 6 If the furniture container is contaminated with refuse, construction materials, or contains other non- furniture materials, the standard refuse service fees will apply. BILLING These accounts will either be billed monthly or bi-weekly, depending upon the discretion of the General Manager, Solid Waste Services. 7 SCHEDULE SWRR RESIDENTIAL RECYCLING Effective 10101109} APPLICATION Applicable for residential family unit recycling materials collection and processing services. A family unit includes each unit of a duplex or triplex, each living unit of a residential lot, and any single unit or living space in which a person or single family resides. MGNTHLY RATE Containerized Collection Service 1 pickup per week $4.30 per bill -Single family Should any other fees be established by an authorized governmental entity, those fees will be added to the monthly rate to recover those costs. MINIMUM BILLING $4.30 per monthly bill If any other fees are established by an authorized governmental entity, the minimum billing would adjust to include those costs. BILLING Residential accounts will either be billed monthly or quarterly, depending upon the discretion of the General Manager, Solid Waste Services. EXCEPTION TG IMPGSITIGN OF RATE The residential recycling and processing services rate will not be charged for an unoccupied residential family unit that applies for and is granted the Minimum BillinglBase Rate Service as described in Schedule SWR. This exception shall be effective so long as the Minimum BillingBase Rate Service rate is applicable to the unoccupied residential family unit. 8 SCHEDULE MFR MULTI-FAMILY CHEMICAL CGLLECTIGN I RECYCLING Effective 10101109} APPLICATIGN Applicable for multi-fanuly residents living within the City of Denton's solid waste service area. These residents receive, participate in, and benefit from various City of Denton recycling and processing services. A multi-family unit includes each separate living unit of a four-plex, apartment, condominium, or other such multi-family living facility with four or more residences. Facilities that are constructed as boardinghouses, or contain living facilities with separate bedrooms for lease by each tenant, but that contain one common kitchen andlor open living area, will qualify as one living unit, and one multi-family recycling and processing charge will apply. MONTHLY RATE $1.75 per bill per multi-family living unit. MINIMUM BILLING $1.75 per monthly bill per multi-family living unit. BILLING Multi-family accounts will either be billed monthly or quarterly, depending upon the discretion of the General Manager, Solid Waste Services. 9 SCHEDULE SWC COMMERCIAL SOLID WASTE COLLECTION SERVICES Effective 10101109} APPLICATION Every owner, occupant, tenant, or lessee of any business, commercial, or institutional property not entitled to receive residential refuse collection service shall be required to have commercial solid waste collection service provided by the City of Denton, New commercial business development and redevelopment will be provided solid waste commercial refuse and recycling services, as outlined in the Denton Development Code and the Site Plan Criteria Manual. MONTHLY RATE Commercial refuse collection services are provided through avolume-based rate system. Refuse will be collected in city approved or city provided containers only. All non-city owned containers shall have a container permit affixed to the outside of each container in a location that is clearly visible when viewed by Solid Waste Department employees, from the front of the collection site. Should any other fees andlor charges be established by any other authorized governmental entity, those fees andlor charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs from the customer. A. PERMANENT FRONT LOAD CONTAINER SERVICE Long Term Scheduled Service} 1. S CUBIC YARD CONTAINER Front Load Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 8 $116.00 2 16 $234.04 3 24 $352.00 2. 6 CUBIC YARD CONTAINER Front Load Pickups Cubic Yards . Rate Per Per Week Per Week Bill 1 6 $ 95.00 2 12 $192.00 3 1 S $289.00 10 3. 4 CUBIC YARD CONTAINER Front Load Side Load Pickups Cubic Yards Rate Per Rate Per Per Week Per Week Bill Bill 1 4 $74,00 $89.00 2 5 $148.00 $178.DD 3 12 $223.D0 $269.OD 4. 2 & 3 CUBIC YARD CONTAINERS Front Load Side Load Pickups Cubic Yards Rate Per Rate Per Per Week Per Week Bill Bill 1 3 $60.OD $73.00 2 6 $122.00 $146.00 3 9 $154.00 $221.00 The Solid Waste Department will establish rates to recover the full cost of service for collection services at frequencies greater than three times per week. New two cubic yard containers and new side load container services are no longer available. Customers currently receiving two cubic yard or side load container services that discontinue these services may not reinstate this same service in the future. 5. CONTAINER EXTRA SERVICE For a container reload and extra empty} Container Size Collection Service Fee 2 & 3 CY container $35.D0 per pickup 4 CY container $4D.DD per pickup d CY container $52.00 per pickup 8 CY container $65.00 per pickup These extra service fees apply if the truck, while on its scheduled route, remains on-site to provide the additional service and the driver waits while the customer reloads the container. Dn-site waiting time in excess of fifteen X15} minutes will be charged to the customer at the rate of $85.00 per hour. Waiting time will be billed in fifteen-minute increments. If the driver is called in from off-site to provide same day extra service, there is a $50.00 same day service charge, plus the applicable collection service fee, B. COMMERCIAL CART SERVICE Commercial cart service is not available city-wide. In those areas where commercial cart collection is available, small quantity waste generators, generating less than one cubic yard of refuse per week, may contract for once per week cart service. All waste must be contained in the cart, and the cart set out for collection no later than 7: DO AM on the scheduled collection day. Bulky item collection services are not provided for commercial 11 cart service customers. Cne ,1 }p per week -service: Cart Ca acit 1 Cart 2 Carts Large $18.751bi11 $ 3 5 . S Olbill Customers on commercial cart service where fully automated collection service cannot be provided will be charged an additional $2.00 per month per cart for providing semi- automated or manual collection service. A maximum of two carts is available. Service above this level will require the placement of a metal container. Extra empties performed while on-site will be provided at the one-cart rates listed above. C. TEMPORARY FRONT LEAD CONTAINER SERVICE (Short Term Service} Container Size Monthl Rental Collection Service Fee 4 CY container $42.00 $73.40 per pickup 8 CY container $G7.00 $99.00 per pickup Temporary service accounts incur container delivery charges to initially place the containers. D. RDLL-DFF OPEN TOP CONTAINER SERVICE Container Size Monthl~tal 15 CY container $107.00 24 CY container $118.00 34 CY container $139.00 Collection and Transportation Service Fees will be $230,00 for scheduled hauls and $254.00 (exclusive of disposal costs} for demand response hauls. Landfill Fees will be charged separately based on the weight or volume of the hauled materials times the appropriate landfill rate (See Schedule SWL}, Customers that request the driver wait while they reload the container, in order for the City to provide an additional empty(s}, will be charged the collection service fee and on- site waiting time in 15 minute increments at the rate of $85.00 per hour. Construction and demolition material (C&D} collections will be at the following rates provided with 3 0 cubic yard containers, a} Container Rental: $118.00 l month (30 CY container} b} Collection Service: $250.00 I haul (demand response} The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. 12 E. RGLL-CFF CaMPACTGR CGNTAINER SERVICE Container Size Monthly Rental 20 CY compactor $333.00 30 CY compactor $379.00 35 CY compactor $451.00 42 CY compactor $550.00 Collection and Transportation Service Fees will be $230.00 for scheduled hauls and $250.00 exclusive of disposal costs} for demand response hauls. Landfill Fees will be charged separately based on the weight or volume of the hauled materials times the appropriate landfill rate See Schedule SWL}. The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. F. 6 CUBIC YARD CGMPACTOR SERVICE Pickups per week Monthly Rental Collection Service Fee 1 $120.00 $147.00 per month 2 $120.00 $420.00 per month 3 $120.00 $700.00 per month G. SHARED COMMERCIAL CONTAINERS Shared commercial container customers must have at least one ~ 1 }cubic yard of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste Division staff, Rates will include the additional monitoring, billing, and adminis~ative costs associated with this service. H. MINIMUM COMMERCIAL CHARGE A minimum charge of $19.75 per monthly refuse bill will be charged to all non-cart commercial solid waste customers. Customers on commercial cart service where fully automated collection service cannot be provided will be charged an additional $2.00 per month per cart for providing semi- automated or manual collection service. Should any other fees andlor charges be established by any other authorized governmental entity, those fees andlor charges will be added to the monthly rate stated hereinabove in order that the city sha11 recover those additional costs. Shared accounts are subject to other applicable service fees. 13 J. BILLING Commercial accounts will either be billed monthly or bi-weekly, depending upon the discretion of the General Manager, Solid Waste Services. K. SPECIAL WASTE Denton's acceptance and disposal of Special Waste is defined by the State of Texas in the Texas Municipal Solid Waste Management Regulations and is conditional upon the waste requested for disposal. Acceptance of special waste is subject to Federal and State laws and regulations, and the City of Denton has the right to refuse to acceptor collect special waste at their discretion. Charges, approved by the General Manager, Solid Waste, for the collection and disposal of special waste, will be established based on the type of special waste, and the requirements for collection and disposal of the waste. L. SERVICE RE UIREMENTS Equipment Use: The Equipment, whether one or more pieces, furnished by the City, shall at all times be considered the property of the City. Customer shall keep the Equipment free and clear of all levies, liens and encumbrances. Customer shall not modify the Equipment or use it for any purpose other than as set forth herein. The City shall repair, as necessary, the Equipments} 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 or Customer's agents or employees, or invitees. The City may temporarily replace the size andlor the type of Equipment contracted for with one or more pieces of Equipments} 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: Customer shall provide an accessible location for the Equipment that is safe and rovides adequate and legal clearance. This means that for a radius of at least p five ~5} feet around the Equipment there will be no objects or obstructions other than enclosures that meet City-required clearance standards. No container shall be set closer than two ~2} feet to any structure exception: a bollard in an enclosure}. Additionally, the path that the City's Service truck must take on Customer's premises, must provide a minimum clearance on each side of the City's truck of at least two ~2} feet. Overhead clearance of twenty-five X25} feet is required for roll-off containers, and twenty X20} feet for front and side load containers. Failure to maintain or provide these minimum clearances will result in the City's refusal to pay any and all damage claims andlor to service the container. Customer will be solely responsible for providing access to the Equipment at all times, and agrees that Customer shall not be relieved of payment of any charges for Services contracted for, but not provided by the City, because of Customer's failure to maintain continuous prescribed access to the Equipment. outside of normal wear and tear, the maintenance required to place the Container at another location will be charged to the Customer. Indemnff cation and Hold Harmless. Customer agrees that the City will not be liable to Customer. Customer shall defend, indemnify and hold the City harmless from any and all claims made by Customer's lessor or Customer's lessee at the Service location, and any and 14 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 or subsurface materials or facilities at the Service location by reason of use thereof by the City's trucks that are used to Service the Equipment. Customer agrees to release, indemnify, defend and hold harmless the City of Denton, Texas from and against any and all claims for damages to enclosures or screening devices, from solid waste Equipment which do not have an access opening of at least twelve ~ 12} feet inside diameter SID} for front-load Equipment; and fifteen X15} feet SID} for roll-off 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 commercial solid waste service performed by the City. M. MISCELLANEOUS SERVICE CHARGES A delivery fee of $95.00 per container will be charged to all customers for roll-off containers. A delivery fee of $75.04 per container will be charged to all customers for front load or side load containers. A relocation fee of $95.04 wi11 be charged for each roll-off container that is relocated at the customer's site, unless relocation occurs during a service. Front load and side load container relocations are charged $75.00 per service. A $50.00 fee will be charged for each request for same day service. The Solid Waste Department Customer service personnel must receive on-demand service requests prior to 11:04 A.M, on the day service is requested in order to provide same day collection service. An access fee will be charged for containers that present accessibility problems, andlor require additional services or time. Containers that are inaccessible at the time of collection will be charged an inaccessible fee of $95.00 for ro11-off containers and $75.00 for all other containers. 4n-site waiting time will be charged in fifteen X15}minute increments at the rate of $ 8 5.00 per hour. A $150.00 fee will be charged for the Solid Waste Department's installation or removal of container locks. 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 andlor 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. Televisions, monitors, video displays, electronic devices and certain appliances containing cathode ray tubes, LCD displays or plasma displays will be charged $20.00 per device for the collection, processing and disposal of these devices. Appliances manufactured to contain PCB's or CFCs, for which the customer provides no certified removal documentation of the PCB's or CFCs, will be charged $54.00 for the collection and disposal of each appliance andlor the associated materials. There is no charge for the collection of appliances which were manufactured to contain either PCB's or CFCs, 15 if the customer provides a certificate of documentation from an approved business qualified to remove these products indicating that the PCB's or CFC's have been properly removed for disposal. If the Solid Waste Department is not provided a certificate of removal, the $50.00 charge per item will be assessed if the customer requests services through the Solid Waste Division. Other commercial services may be provided at fees established by the Solid Waste Division, and approved by the General Manager, Solid Waste Services. The fees established will recoup the costs and administration of the special services provided. For containers, a commercial solid waste service deposit is required. Customers shall be assessed a deposit of $150.00, for up to four containers. Deposits for additional containers are $50 per container. Payments to the City that are not received within 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 customers 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, Solid Waste Services, or designee, may waive the deposit based upon the review of the customer's credit history and other criteria. N. NO PARKING ZONE FEES FOR CONTAINERS IN RIGHT-OF-WAY No Parking Zone fees provide for an identifiable and painted area in the street which is designated as a vehicular No Parking Zone, which provides for road clearance, allowing the city's trucks to always have accessibility to the customer's container. The No Parking Zone is designed to prevent the container from being blocked by another vehicle, and therefore eliminates additional service fees from being charged to the customer, and the need for the city's truck driver to return to the customer's address and empty the container once a vehicle blocking a container has moved. Customers may secure a dedicated Nv Parking Zone for front load and side load containers by completing an application with the City Traffic Engineer. The initial application and first calendar year fees are: 1. Single Length No Parking Zone for each front toad container is $175 for the initial calendar year. 2. Extra length No Parking Zone for each side load container is $350 for the initial calendar year. Renewal fees for each subsequent calendar year will be: 1. $2.80 per month for each single length front load No Parking Zone. This fee will be billed monthly on the customer's utility bill. . 2. $5.50 per month for each extra length side load No Parking Zone. This fee will be billed monthly on the customer's utility bill. 16 SCHEDULE SW CR CGMMERCIAL RECYCLING SERVICES Effective 10101109} APPLICATION Gwners and managers of various multi-family living units, businesses, commercial and institutional businesses, and properties receiving commercial solid waste collection services are subject to receive a refuse audit to determine if they generate enough commercial recyclables to warrant receiving commercial recycling services. Commercial recycling services are available to specific commercial customers only. QUALIFICATI~N_ Commercial recycling is not available for all multi-family living units and commercial and institutional businesses operating within the City of Denton. The General Manager, Solid waste Services or designee will evaluate interested and solicited commercial businesses and the projected volume of recyclable materials from these businesses to determine if commercial recycling services justify being provided. MONTHLY RATES Rates will recover the cost of service. Rates will vary by container size, frequency of collection service provided, and the commodity collected. Based an the recyclable volumes proj ected, and the City's recommendation, collection services will be provided using either a fixed or demand response collection schedule. City of Denton Municipal Building Collections: Cart -Curb collection $18.25 per bill Cart -Building collection $24.25 per bill Recycling Container Delivery: Front Load $75.00 each Roll-Gff $95.00 each Commercial Collections: 8 CY -1 x week $144.44 per bill 8 CY -1 x every two weeks or less $94.00 per bill 8 CY -Extra empty (per container} $104.00 each 6 CY --1 x week $86.00 per bill 6 CY -1 x every two weeks or less $76.04 per bill 6 CY -Extra empty (per container) $86.00 each 17 Small Business Curbside Recycling $4.30 per bill Demand Response Temporary} - 8 CY: Rental Per month} $32.00 per bill Service awhile on route} $29.00 each Roll-Gff Recycling ~ - 30 CY: Rental $118.00 per bill Service per collection} $250.00 per bill ~ Possible revenue sharing opportunity with commercial entity Special Events Recycling: Small Events -10 collapsible, portable receptacles $52.00 per event Dempster Package -1 x S CY dumpster service, plus 10 collapsible, portable receptacles $104.44 per event Dempster Package --Extra 8 CY empty $104.00 each The General Manager, Solid Waste Services may establish rates for additional sizes and levels of service. MINIMUM BILLING The minimum billing required is the amount of service provided and applicable for each billing penod. Shared commercial container customers must have at least one ~ 1 } cubic yard of service per customer per week. The use of shared commercial containers shall be determined by the Solid waste Department staff. Rates will include the additional monitoring, billing, and administrative costs associated with this service. BILLING Commercial accounts will either be billed monthly or bi-weekly, depending upon the discretion of the General Manager, Solid'~Vaste Services. ACCEPTABLE RECYCLABLE MATERIALS Acceptable materials depend on local commodities markets and will be mutually agreed upon by the commercial recycling customer and the City. N4N-ACCEPTABLE MATERIALS Only materials mutually agreed upon by the commercial recycling customer and the City are acceptable in the provided recycling container. The ~ownerlmanager of the commercial entity is the party responsible for notifying hislher personnel of proper recycling procedures. 18 RIGHT 4F LOAD REFUSAL The City reserves the right to refuse recycling loads containing any materials other than the contracted material. If a load is refused as recycling by the City, it will be handled as municipal solid waste ~MSW} and incur both the contracted recycling charges as well as associated commercial solid waste disposal rates. OTHER CHARGES All other solid waste services performed will be charged at listed solid waste rates, or at fees established to recoup the costs and administration of the services provided. RECYCLABLE MATERIALS SALES Recyclable glass, plastic, metals, wood, and fiber materials maybe sold at no less than forty-five percent of the current market index price. 19 SCHEDULE SWC&D CONSTRUCTION DECONSTRUCTION AND DEMOLITION MATERIALS SERVICES Effective 10101109} APPLICATION _ Applicable for construction, deconstruction, and demolition sites where the customer requests the City of Denton provide roll-off collection services for the recycling and reuse of the salvaged materials. ACCEPTABLE RECYCLABLE MATERIALS Acceptable materials depend on local commodities markets and will be mutually agreed upon by the commercial recycling customer and the City. RATES Rates are established for roll-off collection and transportation services of the listed materials and any other mutually agreed upon materials for which recyclable and reuse markets exist. Collection services for materials not provided for under this Schedule SWC&D may be provided by the City at fees established by the General Manager, Solid Waste Services. Such fees shall be established that will recover the operational costs, administrative costs, and any other direct or indirect costs incident to the services provided. a} Container Rental: $100.001 month (20 CY - for C&D materials} $11$.001 month X30 CY - for C&D materials} Trash containers will be charged standard refuse rental rates. b} Collection Service: $250.041 haul Demand Response} c) Disposal, Processing, Transfer, Handling, Marketing Fees: 1. Meta ~c can}: ii. Wood ~ Mclean}: $20.00 I ton for recycling via composting; ~ ~ 111. Concrete 1 block 1 brick ~ Mclean}: $5.001 CY; ~ iv. Cardboard ~ Mclean}: ~ ~ v. Trash: $37.00 I ton d} C & D landfill volume charges for uncontaminated loads of mixed or sorted recyclables i. Uncompacted Materials $5.001 CY ii. Mixed C&D Materials Processing Fee $5.041 CY ~ Contaminated loads will be charged a disposal rate of $37.001 tan. 20 ~ ~ Pricing for materials not provided for under this Schedule SWC&D may be provided by the City at fees established by the General Manager, Solid Waste Services. Such fees shall be established that will recover the operational costs, administrative casts, and any other direct or indirect costs incident to the services provided. MINIMUM BILLING The minimum billing required is the amount of service provided and applicable for each billing perio . BILLING Customer accounts will either be billed monthly or bi-weekly, depending upon the discretion of the General Manager, Solid Waste Services. 2l S~DULE SWP COLLECTION AND TRANSPGRTATIGN SERVICES PERMIT Effective 10101109} APPLICATION An erson, entity, or business engaged in the collection and transport of waste or recyclables, Yp including but not limited to municipal solid waste, special wastes, hazardous wastes, liquid wastes, and those wastes or recyclables the city does not collect and transport, must possess a current permit issued from the city prior to providing collection and transportation services in the city limits of Denton. Permits for collection and transportation services are required for, but are not limited to, the following wastes and recyclables classifications: • Special Waste • Medical Waste • Hazardaus Waste • Restaurant Gil and Grease Waste • Grease & Grit Trap Waste • Commercial and Industrial Recyclable Materials • Residential Recyclable Materials • Construction and Demolition ~C&D}waste, recyclables, reusables, and discarded C&D materials • Waste and recyclable collection service providers operating in newly annexed areas, or contract service providers for the city The person applying far a permit will make application through the City on forms provided for that purpose, and shall pay the required application fees at the time of permit application. Application, service, and container fees must be paid prior to the issuance of the permit. Fees calculated as a percentage of gross revenues will be paid to the City a minimum of quarterly. All permits are non-transferable and are granted as non-exclusive service permits. Granting permits will be at the discretion of the City to meet the needs of the community. The permit applicant must pay the required fees, and meet all permit requirements prior to the issuance of a permit. GRANTING GF PERMIT As a condition of granting a permit, permitee agree to execute and comply with all requirements of the service agreement, carry specific types and amounts of insurance, submit reports, and timely pay the necessary fees. Following the granting of a permit, permit stickers will be issued by the City and placed on all vehicles operating within the city limits of Denton and on all containers placed within the city limits of Denton. Collection and transportation vehicles operating in Denton, and containers set in Denton, are required to display a current and valid calendar year permit sticker. City staff, after reviewing the permit application and agreement, and after conducting any necessary 2~ research, may issue the permit, issue the permit with conditions, or deny the issuance of the permit. The City will establish the number of permits to be issued in each materials category. E~CLUSIDNS Individuals living within the city limits of Denton, and hauling personal materials, wastes, or recyclables from their primary living residence are exempt from this requirement. Any person who transports applicable materials three or fewer times per year, shall register with the City on the forms provided for that purpose. No annual service fees are required, but registration and permitting through the City is required. FEES Application fees are payable at the time of application submittal and shall be submitted to the City upon submittal of the application. Application, service, and container fees are due and payable prior to the issuance of a permit. Application, service, and container fees are non-refundable. Service and container fees are non-transferable between vehicles and containers, and are unit specific. Service fees based on a percentage of gross revenues are due quarterly and require payment to the City within thirty X30} calendar days following the end of each calendar quarter. interest charges, late charges, and other fees will accrue for delinquent quarterly payments. Permits are issued annually and are effective from January 1$t or the date of issuance, whichever is later, through December 3151 of the same calendar year. The permit application process should be initiated and fees should be paid as early as possible during the last quarter of each calendar year for the upcoming calendar year, so that adequate time is available for review and processing of the application materials. Early submittal of applications, by December 1St, will eliminate the possibility of permits being issued after January 15t. Container fees apply to each container placed by the permitee within the City limits of Denton, and non-city owned containers serviced by the city, but do not apply to residential refuse carts. Containers are defined as any refuse containment equipment, which can be lifted and emptied using a special vehicle designed for that use, i.e. which are not emptied manually. Container fees are established at $4.00 for each cubic yard of container capacity, per container, per calendar year. Containers will not be placed in a street, alley, or city right-of way BROW). If an exception exists, and a container is placed in a street, alley, or city RCW, an additional RDW usage fee will be assessed of $4.00 per cubic yard of container capacity per month knot prorated} for as long as the container is located in the City's RDW. All containers require a container permit fee regardless if the container is or is not placed on the ground. Fees applicable for wastes and recyclables are listed below. A. Special Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 2, Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines for vehicles manufactured from January, 2003 through December, 2406 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an 23 additional per vehicle fee of $1,500 will be assessed} annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] B. Medical Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed} annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] C. Hazardous Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 Will be assessed} annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] D. Restaurant ail and Grease Waste Collection and Transportation Permit Grease & Grit Trap Waste Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: $1,040 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines for vehicles manufactured from January, 2403 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed} annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] E. Commercial Recycling Materials Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 With 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed} annually and 5% of Gross Revenue of the market value of recycled materials or of services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-Way Fee of $,4.00 per cubic yard, per container, per month. F. Residential Recycling Materials Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: 5% of Gross Revenue from services provided within the city linuts [the 5% shall be paid no less than quarterly.] 24 G. Construction and Demolition ~C&D} Collection and Transportation Permit a. Large C&D Operators: 1, Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed} annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. 4. If applicable, aRight-of Way Fee of $4.04 per cubic yard, per container, per month. b. Small C&D Gperators: Transporters with no more than three vehicles, including trailers, in which each vehicle does not have a Gross Vehicle Weight Rating ~GVWR} of more than 14,000 pounds, and with less than five service locations, will be charged: 1. Application Fee: $200 annually. 2. Service Fee: $200 per vehicle annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-~Vay Fee of $4.40 per cubic yard, per container, per month. H. Municipal Solid Waste ~IVISW} Collection and Transportation Permit Available only to companies that provide solid waste services in newly annexed areas for specific periods of time, or are contract service providers for the city, 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines ar CNG alternate fuel engines for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed} annually and 5% of Crross Revenue from services provided within the city limits [the 5% shall be paid no less than quarterly.] Z. Non-City awned Refuse Container Permit For non~city owned refuse containers serviced by the city, the container owner shall pay a container permit fee of $4.00 per cubic yard, per container, annually, billed on the solid waste service bill. SMALL GPERAT4RS The following waste categories of applicants may additionally qualify as Sma11 Operators for the purposes of this rate schedule, and shall be charged the Small Operator rates provided below: • Special Waste • Medical Waste 25 • Hazardous Waste • Restaurant Oil and Grease • Grease & Grit Trap Waste The above listed categories of applicants with less than five service locations within the City of Denton, and operating with a total fleet of less than three vehicles, including trailers, in which each vehicle does not have a Gross Vehicle Weight Rating ~GVWR~ of more than 14,000 pounds, will be subject to the following Small Operator rates: a. Application Fee: $200 annually. b. Service Fee: $400 per vehicle annually, and 5% of Crross Revenue from services provided within the city limits [the 5 % shall be paid quarterly. ] c. If applicable, container fees of $4.00 per cubic yard, per container, annually. d. If applicable, a Right-of Way fee of $4.00 per cubic yard, per container, per month for containers in the public R-O-W. SERVICE FEE CALCULATIONS Any fee which requires a calculation of a percentage of revenue, or of materials sales, or of services provided requires that the calculation be provided, with complete financial detail, to the City along with the Service Fee payment to the City. This written financial disclosure shall provide a detailed explanation of how all calculated Service Fees were determined, and shall be provided to the City either quarterly or monthly, at each required Service Fee payment period. INTEREST CHARGES, LATE CHARGES Permittees who elect, or are required to provide quarterly payments to the City will incur interest and late charges on all quarterly payment amounts not received by the City during the month following the end of the quarter. All quarterly payments are to be received by the City during the months listed below: carter Pa ent Received b Ci in Month January -March April April -June July July -September October October -December January Payments not received during the month in which they are due will begin incurring interest charges of 11/z % per month, or the maximum percentage allowed by law, whichever is lower, on the unpaid amounts. Late payment charges and other fees will apply as established by the City's Customer Service Department. Late payments past due beyond the month in which they are due, will automatically result in the service provider being issued a "No Operations" declaration. PENALTIES l "NO OPERATIONS" DECLARATION A business which has not been permitted by the City to operate within the city limits of Denton; or has been suspended by the City from operating within the city limits of Denton, Texas shall be charged a sum of up to $500.00 per day by the City, for each day of violation of this ordinance, if the provider violates the `No Operations' requirement prior to receipt of a City of Denton permit, or 26 during any suspension of a permit period. Each day of illegal operations during a `No operations' period is considered a separate violation and the service provider is subject to being charged a sum of up to $50.00 for each day of violation. Following the receipt of a `No Operations' declaration and prior to a service provider being reinstated to legally operate within the City limits of Denton, the service provider must meet with the City staff to update their application and agreement and make payment of all monies owed to the City. If a service provider operates a vehicle within Demon's city limits which has not been permitted, or uses a container which has not been permitted, or operates any piece of equipment with an expired permit, or performs some other permit violation, or does not make payment of the appropriate fees in a timely manner, the City will issue a "No Operations' declaration to the service provider, and assess all applicable permit violation fees. Once a service provider has been issued a "No Operations' declaration from the City, all services to be provided within Demon's city limits are required to cease. Following a meeting with the City staff, and the payment of all monies owed the City, the status of the permit will be determined. REVOCATION ORNON-RENEWAL OF PERMITS If the City Ends any requirement of the permit to have not been met, or violated, or observes service providers operating within Demon's city limits without current permits, he may institute a `No Operations' declaration, and additionally revoke or not renew the service providers permit, thereby requiring the service provider to cease all operations within the city limits of Denton. RECLASSIFICATION OF RECYCLABLES Recyclables containing five-percent or more contamination, as determined by the City, will be considered refuse, and its collection may not be provided by service providers permitted under this ordinance. This material shall be reclassified as refuse and will be collected by the City of Denton. The General Manager, Solid Waste Services or his designee, will make the final determination on whether stored recyclables contain excessive contamination, which at the City's determination, may cause the reclassification of these materials to municipal solid waste ~MSW}, thereby negating the ability of a service provider to transport this material within Demon's city limits under they operating permit as per this ordinance. TERM AND RENEWAL All collection and transportation permits shall be valid for each calendar year, and far not more than one calendar year from the date of issuance. Permittees shall provide make a written application for renewal a minimum of thirty days prior to the permit expiration to prevent a possible lapse in permitted services. The renewal application will update the information provided in the initial application. Applications for renewal shall be processed in the same manner as an initial application. All renewal fees are required to be paid prior to reissuing the permit for the upcoming calendar year. 27 SCHEDULE SWL SANITARY LANDFILL SERVICES Effective 10101109} A. MUNICIPAL SOLID WASTE MS DISPOSAL RATES: Gate Rate -MSW $41.001 ton Wholesale Rate -MSW $23.001 ton Wholesale customers of greater than 3,000 monthly tons may receive discounts for guaranteed delivery volumes. Pricing for special waste streams will be established by the General Manager, Solid Waste Services at a rate to fully recover costs. Water treatment plant sludge and biotech landf 11 feedstock meeting department's quality acceptance criteria - $18.00 per ton. Volume based rates may be charged based on the gross body volume capacity of a hydraulically dumped commercial vehicles}. MSW C&D Uncompacted $7.70 I cubic yard $7.50 I cubic yard Compacted $5.101 cubic yard - Uncontaminated Construction and Demolition ~C&D} materials, meeting City of Denton screening criteria, will be accepted on a per ton or cubic yardage basis. Rates charged will be based on the quantity and quality of materials to be delivered. The current State of Texas landfill surcharge of X30 TAC 330.b02} $1.25 per ton is included in the above disposal rates. Any additional assessment or fees established by a government entity will be added to the disposal rates and assessed on all waste delivered to the landfill. B. MINIMUM LANDFILL CHARGE There shall be a $17.00 minimum charge per load for all materials delivered to the landfill. C. MIXED LOADS Customers bringing mixed loads of municipal solid waste, yard waste, and bulky items to the landfill will be charged the applicable rate, or rates to cover the cost to handle wastes of various types, characteristics, and amounts. 2B D. TIRES Char e l whole Tire Charges for tires not shredded or quartered: 1. Street tires < 31"diameter $7.00 each 2. Street tires ~ 31"diameter and < 42" diameter $9.00 each 3. All off=road tires and street tires > 42" diameter $18.00 each E. YARD WASTE l . whole trees and stumps $50.00 I ton 2. Clean bagged or un-bagged grass, leaves $20.00 I ton or brush in less than twelve ~ 12' }foot lengths 3. Clean bagged or un-bagged grass, leaves, $30.00 I ton or brush greater than twelve ~ 12' }lengths All contaminated yard waste in this category will be charged a MSW disposal rate. F, APPLIANCES AND CERTAIN ELECTRONICS For appliances, which were manufactured to contain PCB's or CFCs, and for which no certified removal documentation is provided, there will be a $50.00 charge per appliance. Televisions, monitors, video displays, elec~onic devices and certain. appliances containing cathode ray tubes, LCD displays or plasma displays will be charged $15.00 per device for the collection, processing and disposal of these devices. G. INERT MATERIALS Inert Materials Clean} $10.001 CY Far large volume projects in excess of 100 cubic yards: $5.00 I CY AsphaltlConcrete: Inert materials include clean and uncontaminated loads of millings, concrete, asphalt, road-base, or similar materials, which may be recycled. The posted inert materials rate will be charged, or rates to cover the cost to handle various types, characteristics, and amounts of these and other acceptable inert materials. Periodically these materials maybe sold to Denton's citizens. BrickBlock: Clean and uncontaminated brick and block will be accepted at the landfill at no charge. H. SAND, SELECT SAIL, AND ROCK The Solid Waste Department may sell excess sand, select soil, and rock to the public. 29 Rates per Cubic Yard ICY} Gross Volume - Ci Loaded: Sand Select 1.0 50.0 Cubic Yards ~CY's} $5.00 $7.04 51.0 - Greater CY's $3.40 $4.04 Customer Loaded Materials: 51.0 - Greater CY's $2.00 $3.00 Materials Delive Fees Ci Limits : $100.00 per load Customers wishing to purchase large volumes of soil, greater than 50 CY's, and load their own vehicles, will be required to provide proof of insurance meeting the city's minimum liability insurance coverage. Large volume sales and the actual rates charged will require pre-approval by the General Manager, Solid Waste. The soils must be excess to the needs of the Solid Waste Department. Pricing for special soils will be established by the General Manager, Solid Waste at a rate to fully recover costs. If available, rocks will be sold on a weight basis, at $5.00 per hundred weight. I USED CGNTAINER SALES The Solid Waste Department will sell used metal containers and used surplus carts from time to time, as the become available for sale. Used surplus large carts will be sold for Y $15.00 each, with an adjustment for condition, and their projected useful life. ether size carts will be sold based on apro-rata adjustment for the plastic content. J. SPECIAL WASTE AND GTHER WASTE STREAMS The acceptance by the landfill of and the disposal of special waste or other waste is conditional. Acceptance of special waste or other waste is subject to Federal and State laws and regulations. The City of Denton has the right to refuse to accept or dispose of special waste or other waste at its discretion. Charges for the disposal of special waste or other waste will be established based on the type, characteristics, and amounts of waste, as well as the requirements for disposal of the waste. Such charges shall be established by the General Manager, Solid Waste, or designee. K. UNSECURED LADS In compliance with State regulations, solid waste loads that are not adequately secured to prevent the material tom spilling will be charged an Unsecured Load Charge of $20.00 for each load. L. OTHER CHARGES other landfill services that are not otherwise listed under this Schedule SWL, may be provided by the City at fees established by the General Manager, Solid Waste. Such fees shall be established that will recover the operational costs, administrative costs, and any other direct or indirect costs incident to the non-listed landfill services. 30 M. BILLING Landfill accounts will either be billed monthly or bi-weekly, upon the discretion of the General Manager, Solid Waste Services. 31 SECTION 2: The General Manager of Solid Waste of the City of Denton 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 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 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 service. 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 a lication thereof to any person or under any circumstances is held invalid by any pp 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 services rendered by the City of Denton on and after October 1, 2009; and a copy of said rates, fees, and charges shall be maintained on file in the office of the City Secretary of Denton, Texas. ~ ~ r, - PASSED AND APPROVED this the day of , 2009. MARK A: BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By. 1 32 APPROVED AS TD LEGAL FORM: ANITA BURGESS, CITY ATTORNEY mac, ~ ` By: 33