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2002-270X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended by Ordinance No. 2003-265 09/02/03 JR AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBERS 2001-333 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; REVISING THE APPLICATION FOR RATE SWR, DELETING THE SURCHARGE FROM THE RESIDENTIAL SOLID WASTE COLLECTION SERVICE AND RE-ASSIGNING THE SURCHARGE TO THE RESIDENTIAL SOLID WASTE COLLECTION SERVICES RATE; ESTABLISHING THE CHARGES FOR CONTAINERIZED RESIDENTIAL CART SERVICE, AMENDING THE CHARGES FOR MINIMUM BILLING/BASE RATE SERVICE UPON CONDITION AND APPLICATION, AMENDING THE CHARGES FOR LANDSCAPE WASTE, ADDING THE CHARGES FOR RESIDENTIAL CONSTRUCTION MATERIALS (SCHEDULE SWR); ESTABLISHING THE RATE FOR RESIDENTIAL CURBSIDE RECYCLING AND PROCESSING SERVICES; EXCEPTION TO IMPOSITION OF RATE (SCHEDULE SWRR); ESTABLISHING THE RESIDENTIAL FINANCIAL NEED SERVICE DISCOUNT (SCHEDULE SWRD); INCREASING SERVICE CHARGES FOR COMMERCIAL FRONT-LOAD AND SIDE-LOAD CONTAINERS, AMENDING THE CHARGES FOR COMMERCIAL CART SERVICE, ADDING HAND COLLECTED COMMERCIAL SERVICE, INCREASING THE RENTAL CHARGE FOR TEMPORARY CONTAINER SERVICE, DECREASING THE COMMERCIAL MINIMUM RATE, ESTABLISHING A MINIMUM SERVICE REQUIREMENT FOR TEMPORARY CONTAINERS, DELETING THE SURCHARGE FROM THE COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE AND RE-ASSIGNING THE SURCHARGE TO THE COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION SERVICE RATE; AMENDING THE NUMBER OF BULKY ITEMS COLLECTED FROM PERMANENT SERVICE CUSTOMERS AT NO ADDITIONAL CHARGE, AMENDING THE COMMERCIAL DEPOSIT REQUIREMENTS (SCHEDULE SWC); ESTABLISHING A MINIMUM LANDFILL CHARGE, ESTABLISHING AN OFF-ROAD TIRE CHARGE, AMENDING THE LANDSCAPE WASTE CHARGES, EXPANDING THE INERT MATERIALS RATE TO INCLUDE BRICK/BLOCK, INCREASING THE UNSECURED LOAD CHARGE (SCHEDULE SWL); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~qECTIC)N 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: SWR SWRR SWRD SWC SWL SOLID WASTE RATE SC[IEDULES PAGE Residential Solid Waste Collection Services 3 Residential Curbside Recycling Collection and Processing Services 5 Residential Financial Need Service Discount 6 Commercial and Institutional Solid Waste Collection Services 7 Sanitary Landfill Services 13 2 SCHEDULE SWR RERTDF, NTTAT. Rc}T.1T) WARTF, COT J,ECTTO'N RErVTCE (Effective 10/01/02) AppT JC,,ATTONT Applicable for residential family-unit solid waste collection service. A family unit includes each unit of a duplex or triplex, each living unit of a residential lot, and any unit or living space in which a person or single family resides. M~NTI-II .Y R ATE · ~: 2 pickups per Week $17.50 per thirty (30) days The City will provide up to two (2) flee rolls of plastic garbage bags per calendar year for the residential customer's pr/mary residence. N'umher nf CnnIainem 90-gallon container (nominal) 60-gallon container (nominal) 35-gallon container (nominal) 1 pickup per Week 1 2 $15.00 $28.00 per thirty (30) days $13.00 per thirty (30) days $12.00 per thirty (30) days MINTIMI TM RTl' JJNTG / RARE R ATE RERVIC. E: $11.00 per thirty (30) days applicable for residential solid waste service for an unoccupied residential family unit which remains vacant for a period for greater than sixty (60) days. 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 one hundred eighty (180) days per calendar year. OTT-TER CHARGER There is no additional charge for the collection of bagged grass clippings and leaves, or brash and tree limbs which are cut and stacked in less than four foot (4') lengths, if the combined grass/leaves/brash total volume is not over eight cubic yards per collection day. Any combination of grass, leaves, and brash is appropriate. If over eight (8) cubic yards of bagged grass clippings, leaves, or brash are placed out for collection on a collection day, charges will be assessed at $5.00 per cubic yard for all cubic yards in excess of eight (8) cubic yards. Residential constmction materials (such as fencing, drywall, 2x4's, without limitation) will be collected at the rate of $35.00 per service charge together with $5.00 per each cubic yard or part of 3 a cubic yard collected. Materials must not exceed eight (8') feet in length. Customers should contact Solid Waste Customer Relations during normal business hours (at 940-349-8420) to request the collection of residential construction materials. Residential customers may be provided service and containers at the published commercial rates. There are no additional charges for the collection of appliances, which do not contain either polychlorinated biphenyls (PCB's) or chlorofluorocarbons (CFC's). There are no charges for the collection of appliances which have contained either polychlorinated biphenyls (PCB's) or chlorofluorocarbons (CFC's), 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. For appliances that contain PCB's or CFC's for which no certified removal documentation is provided, there will be a $50.00 collection charge per appliance. Other residential services may be provided at fees established by the department, and approved by the Director. The fees established will recoup the costs of the special services provided. A residential Solid Waste sen, ice deposit of $38.00 is required and will be charged for Solid Waste- only customers. SCHEDULE SWRR RF,.~TT)F,,NTTA T. CT ]RR~qTDF, RRC¥C~T,TtqG A~,~D PROC~I~,.qgTNCt gRRVT~I~,.g (Effective 10/01/02) APPT,ICATTON 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 unit or living space in which a person or single family resides. MONITI-II.hr R ATF. $1.99 per thirty- 00) days. [The "pass through" amount, forwarded monthly to the Curbside Recycling Contractor is $1.47 per residential family unit. The City of Denton Recycling Support Fee cost is $0.52 per thirty- (30) days and funds container purchases, contract management, administrative costs, and other similar items.] MINIMI IM RIT J $1.99 per thirty- (30) days. EXCEPTION TO IMPOSITION OF RATE: The residential curbside recycling and processing services rate will not be charged for an unoccupied residential family unit that applies for and is granted the Minimum Billing/Base Rate Service as described in Schedule SWR. This exception shall be effective so long as the Minimum Billing/Base Rate Service rate is applicable to the unoccupied residential single family unit. 5 SCHEDULE SWRD RESIDENTIAL FINANCIAL NEED SERVICE DISCOUNT (Effective 10/01/02) AppT,TCATIC)N Applicable for residential family-unit solid waste collection and for recycling collection and processing services. A family unit includes each unit of a duplex or triplex, each living unit of a residential lot, and any unit or living space in which a person or single family resides. Q[/AT ,IFICATIC)NI Residents who wish to apply for the Residential Financial Need Service Discount shall qualify for the discount by meeting the established guidelines for the existing Plus One Program. DT,qCOI INIT TFRM The discount is effective for a period of no longer than twelve (12) months. The discount requires re-application annually. MONTHI ,¥ DI,q C, OI INIT R ATF, Reduction of Residential Solid Waste Service charges by $3.50 per thirty- (30) days. 6 SCHEDULE SWC C. OMMRrCJAT, AND IN,qTTTI TTTONAT, (Effective 10/01/02) A PPI JC. A TTONI Every owner, occupant, tenant, or lessee of any business, commercial, or institutional property not entitled to receive residential refuse collection service shall be requked to have commercial solid waste collection service provided by the City of Denton. MONITHI .Y R ATE A. PERMANENT CONTAINER SERVICE (Long Term Scheduled Service) In addition to the container service listed in this subsection, these rates also include the collection of up to four (4) bulky items, per month, per account, and yard waste collection services. 1. 8 ClinIC YARD CC~NTAYNTRR Front Load Pickups Cubic Yards Rate Per Per Week Per Week 1 8 $92.18 2 16 $177.09 3 24 $268.13 4 32 $360.78 5 40 $455.16 6 48 $551.23 2. 6 C, IIF~TC YARD CONfTATNF, r Front Load Pickups Cub~ Yards Rate Per Per Week Per Wee~ 30 Day~ 1 6 $76.10 2 12 $146.19 3 18 $221.42 4 24 $297.96 5 30 $375.88 6 36 $455.25 7 3. ~ca~mYArD Front Load Side Load Pickups Cubic Yards Rate Per Rate Per per week per Week 30 Day~ 1 4 $58.69 $65.59 2 8 $112.63 $125.87 3 12 $170.49 $190.46 4 16 $229.43 $256.21 5 20 $289.63 $323.31 6 24 $350.64 $391.28 4. ~ ca mit. YARD ~ONTAINF, R: Front Load Side Load Pickups Cub~ Yards Rate Per Rate Per Per Week Per Week ~ 30 Day~ 1 3 $47.95 $53.60 2 6 $91.95 $102.80 3 9 $139.30 $155.68 4 12 $187.58 $209.55 5 15 $236.77 $264.41 6 18 $286.88 $320.26 5. 2 Ca~TC YARD CC~NTATNF, R: Front Load Side Load Pickups Cubic Yards Rge Per Rate Per pe~ Week per Week 30 Day~ 30 Day~ 1 2 $46.91 $52.56 2 4 $90.91 $101.76 3 6 $138.26 $154.64 4 8 $186.54 $208.51 5 10 $235.73 $263.37 6 12 $285.84 $319.22 Note that two (2) yard and all side load container services are no longer available to new customers. Customers currently receiving two (2) yard or side load container services that discontinue these services may not reinstate them at any time in the future. 6. C, ONTAINI~,R F, XTRA SF, RVICF,: (while track is on-site - for a refill and extra pickup) Type of Container 2 CY container 3 CY container 4 CY container 6 CY container 8 CY container ,qerviee Fee $21.50 per pickup $26.35 per pickup $31.25 per pickup $41.00 per pickup $50.75 per pickup 6 CY compactor $70.24 per pickup In addition to the Container Service Charge, an additional $35.00 service charge is applied if the truck is called in fi.om off-site to perform the extra service. On site waiting tune in excess of fifteen (15) re'mutes will be charged to the Customer at the rate of $70.00 per hour. 7. CART .qF, RVIC, F,: Cart service is not available city-wide. In those areas where cart collection is available, small quantity waste generators may contract for once a week cart service. One (1) piel~? per week ,qervice: Number of Carts 1 2 300 gallon (nominal) $38.00 $78.00 90 gallon (nominal) $15.00 $28.00 60 gallon (nominal) $13.00 ........ Extra services performed while on-site will be provided at the one-cart rates listed above. 8. I-1 AND riOT ,I ,F, CTF]') C, OMMF, R CT A I, 8ER VIC, E: The rate for hand collected commercial accounts will be the rate charged for a three (3) cubic yard container serviced one time per week; or a rate established by the Solid Waste Department to recover the cost of service, whichever is greater. B. TF, MPOR ARY CONTA1NF. R ,RP, RVICR: Type of Container MmlthLy__Ren~ 3 CY container $29.75 4 CY container $32.87 6 CY container $41.34 8 CY container $54.06 Service Fee $53.74 per pickup $56.03 per pickup $63.76 per pickup $75.97 per pickup The use of a temporary container requires minimum service of at least once per month. C. ROT,I,-OFF CONTAINER ~q~RVICF,-IIN!COMPACTI~I): (Open-Top) Type of ~ Mnnthly R entel 15 CY open top $63.60 20 CY open top $77.25 30 CY open top $88.90 40 CY open top $100.00 .qerviee Fee $165.43 per pickup $215.70 per pickup $275.98 per pickup $357.24 per pickup The use of a temporary roll-off container requires minimum service of at least once per month. D. ROI,I,-ORF 12,ONTAINF, R gRRVICR- C, OMPAC, TF, D: Type of 20 CY compactor 25 CY compactor 30 CY compactor 42 CY compactor Mnn~ly Rental $190.80 $283.20 $321.55 $368.40 Service Fee $191.08 per pickup $247.21 per pickup $277.33 per pickup $314.09 per pickup (Compactor) E. 6 C'.¥ COMPAC, TOR: Pickups Rate Per per Week 30 Days 1 $221.15 2 $442.30 3 $663.46 F. .qI-IARRD C, OMMF, RC, IAT, CC~NTAIN~,R~q: Shared commercial containers will be limited on a cubic yardage basis to a minimum of one (1) cubic yard per customer. The maximum number of customers with shared accounts per dumpster size is as stated. ~ Maximum Number of C,n~torner~q 2 CY 2 3 CY 3 4 CY 4 6 CY 6 8 CY 8 Z0 k, ITNT]~( TTV[ (~OMMI~.RC, TAT, C.T-TAR~tF,: minimum charge of' $15.00 per tJ~rty- (30) days will be char~d to all commercial solid w~to Customers servad with ~onMoad arid side-load containers. H. .~pF, CTAT, 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 accept special waste at their discretion. Charges (approved by the Director of Solid Waste) for the acceptance and disposal of special waste will be established based on the type of special waste accepted, and the requirements for disposal of the waste. I. OTI-IFiR (~IqARGF. fl A delivery fee of $45.00 per container will be charged to all customers for roll-off containers. A delivery fee of $35.00 per container will be charged to all other customer for containers. A relocation fee of $35.00 will be charged for each roll-off container that is relocated at the customer's site(s). A $50.00 fee will be charged for each request for same day pickup service for roll-off customers who receive pickup service upon demand. The Solid Waste Department Customer Relations Division must receive notification prior to 10:00 a.m. on the day service is requested in order to provide same day pickup service. Containers that are inaccessible at the t'nne of collection will incur an additional fee if the customer requests that the driver return to the container(s) to provide service. The fee will be $45.00 for roll- off containers, and $35.00 for all other containers. A $I 12.00 fee will be charged for container lock installations provided by the City of Denton. A fee of $70.00 will be charged for container lock removal. A fee of $300.00 will be assessed to all commercial customers who have containers whose waste weighs in excess of prescribed City limits. Loaded side load containers shall not exceed a total weight of one ton. Loaded t~ont load containers shall not exceed a total weight of two tons. Roll- off container materials shall not exceed twelve tons. Tickets and/or fines for overweight loads are the responsibility of the customer. A minimum of once per week pickup service is required for containers in which putrescible (food) waste is placed. Up to four (4) bulky items per customer, per month, will be picked up from each permanent commercial account customer at no additional charge. For this service, commercial customers must call the Solid Waste Customer Relations Division (940-349-8420) by 5:00 p.m. on the Wednesday before the first Thursday pickup. Bulky items shall not be placed near or adjacent to containem prior to 48 hours before the scheduled first Thursday pickup. A service fee of $35.00 shall be charged, along with an additional fee of $10.00 per bulky item, for each bulky item in excess of four (4) bulky items collected. In addition to the service fee of $35.00, a $30.00 charge will be assessed for overflowing and excess waste for each cubic yard of waste outside the container. There are no fees for the collection of appliances, which do not contain either polychlodnated biphenyls (PCB's) or chlorofluorocarbons (CFC's). There are no charges for the collection of appliances which have contained either polychlorinated biphenyls (PCB's) or chlomfluorocarbons (CFC's), if the customer provides a certificate of documentation from a certified technician qualified to remove these products indicating that the PCB's or CFC's have been properly removed for disposal. For appliances that contain either PCB's or CFC's for which no approved removal documentation is provided, there will be a $50.00 charge per appliance. Eight bulky items per month may be delivered by Denton's solid waste customers to the landfill for disposal at no charge, except for those appliances containing PCB's or CFC's. Other commemial services may be provided at fees established by the Solid Waste Department, and approved by the Director of Solid Waste. The fees established will recoup the costs of the special services provided. A Commercial Solid Waste service deposit, if required, will be charged based on two months of the estimated billing amount. If this figure is under-projected, additional deposit funds will be required. 12 SCHEDULE SWL ,~ AN]TARY' T.ANDFTT,T, (Effective 10/01/02) A. CITY OF DENTON USERS: $32.50 per ton APPT,TC ATTONI Applicable to individuals and commercial entities that use the City's sanitary landfill site, with solid waste originating inside the city limits of Denton, Texas. Customers bringing mixed bads of solid waste, other waste, and bulky items to the landfill will be charged the landfill rate. B. OUTSIDE THE CITY OF DENTON USERS: $37.50perton APPI .TCATION Applicable to individuals and commercial entities that are not residents of the City of Denton or any customer with solid waste or yard waste that does not originate inside the city limits of Denton, Texas. C. MINIMUM CHARGE: There shall be a $5.00 minimum charge for all materials del/vered to the landfill. D. OUTSIDE THE CITY SOLID WASTE CONTRACT HAULERS: The City Manager or his designee may enter into contracts with outside the City of Denton solid waste haulers for the regular use of the Denton sanitary landfill site at various negotiable rates and terms beneficial to the citizens of Denton. All such contracts may contain conditions of operation, disposal, and delivery as the City Manager or his designee shall determine necessary for the efficient operation of the Denton landfill site and the method of billing and collection for such use. E. TIRES: 1. Automobile/Pickup tires not shredded, quartered or halved. 2. Commercial/Industrial track tires not shredded, quartered or halved. $5.0O $7.00 13 3. Off-road tires larger than a 24.5" wheel diameter $15.00 F. SPECIAL WASTE: Denton's acceptance and disposal of Special Waste as defined by the State of Texas in the Texas Municipal Solid Waste Management Regulations is conditional upon the waste requested for disposal. Acceptance of special waste is subject to Federal and State laws and regulations, and/or the City of Denton policy. The landfill has the right to refuse or accept special waste at their discretion. G. LANDSCAPE WASTE: 1. Whole trees and stumps. 2. Clean bagged or un-bagged grass, leaves or brash in less than twelve (12') foot lengths 3. Clean bagged or un-bagged grass, leaves, or brash greater than twelve (12') lengths Contaminated grass, leaves, or brash of any length. There will be a minimum charge of $5.00 per load. $45.00 per ton $15.00 per ton $25.00 per ton $32.50 per ton (City of Denton) $37.50 per ton (Outside City of Denton) H. INERT MATERIALS: (Recyclable) $7.50 per ton ASPHALT/CONCRETE/BRICK/BLOCK This includes clean uncontaminated loads of brick, block, millings, concrete, asphalt, and mad-base which may be recycled. Periodically these materials may be sold to Denton's citizens. I. BULKY ITEMS: $32.50 per ton Eight bulky items per customer, per month may be delivered by Denton's solid waste customers to the landfill for disposal for no additional charge, except for appliances containing PCB's or CFC's. For appliances, which contain PCB's or CFC's for which no certified removal documentation is provided, there will be a $50.00 charge per appliance. J. UNSECURED LOADS: In compliance with State regulations, solid waste loads that are not adequately secured with a tarpaulin or other tie-downs that prevent the material from spilling will be charged an Unsecured Load Charge of $15.00 for each load. K. STATE LANDFILL SURCHARGE: (SWL) A fee of $1.25 per ton (or such other fee as the State may assess) will be assessed on all waste delivered to the landfill for disposal to compensate for the State of Texas landfill surcharge. 3.5 ~ That the Director of Solid Waste of the City of Denton is authorized to deny the use of the City of Denton landfill to customers for providing false information regarding the residency of the individual or the origin of the solid waste. SECTION 3. That 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. ~qlR. CTION 4. That all ordinances or parts of ord'mances 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. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any ciremstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ord'mance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. gg~CTION 6 That this ordinance shall become effective, charged, and applied to all solid waste services rendered on and after October 1, 2002; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary. PASSED AND APPROVED this the ~ Savor (,~Q~g/~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 16