HomeMy WebLinkAbout1222 12-12-1996NO. 1222
AN ORDINANCE AMENDING CHAPTER 30 "FEES ",
SECTION 30 -16 "SOLID WASTE COLLECTION "; AND
CHAPTER 66 "SOLID WASTE ", SECTION 66 -1
"DEFINITIONS; SECTION 66 -2 "SCOPE OF REFUSE
COLLECTION WORK ", SUBSECTIONS (a) "FREQUENCY
OF RESIDENTIAL COLLECTION ", (d) "QUANTITY ",
(e) "RESIDENTIAL REFUSE; WHERE COLLECTED ", (f)
"COMMERCIAL REFUSE ", AND (i) "CHRISTMAS
TREES "; AND SECTION 66 -4 "CONTRACTOR'S
OPERATION "S OF THE CODE OF ORDINANCES OF THE
CITY OF EULESS, TO PROVIDE NEW DEFINITIONS,
REGULATIONS FOR SOLID WASTE DISPOSAL AND
COLLECTION AND OBLIGATIONS OF CONTRACTOR IN
PERFORMING SOLID WASTE COLLECTIONS FOR THE
CITY; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas, has heretofore entered into a
franchise agreement with Laidlaw Waste Services for collection and
disposal of solid waste in the City of Euless; and
WHEREAS, after study and discussions with said contractor, the City
Council of the City of Euless hereby finds and determines that the
following revisions to collection fees and to the definitions,
regulations and obligations under which contractor collects solid
waste within the City of Euless will promote the health, safety and
welfare of the citizens of the City of Euless, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS:
Section I.
That Section 30 -16 "SOLID WASTE COLLECTION" Of Chapter 30 "FEES,"
of the Code of Ordinances of the City of Euless, Texas, be hereby
amended to hereafter be and read as follows:
Chapter 30 FEES*
Sec. 30 -16. Solid waste collection.
Franchise fee ..............5% of gross revenues
Collection fee .............5% of billings
Service Fees to Customers
Residential curbside pickup twice a week, monthly rate . .$6.12
Recycling rates:
Single - family recycling fee . . . . 1.70
Single - family senior citizen recycling fee . . . . 0.85
Apartment recycling fee . . . . 0.85 /unit
These fees shall be charged and paid regardless of whether the
resident elects to participate in the city recycling program.
Standard container rates:
NO. 1222 PAGE 2 OF 10 PAGES
Pickup times per week
Container
Size
(cubic
yards)
1
2
3
4
5
6
2
$ 32.19
$ 61.38
$ 87.78
$111.57
$132.95
$152.10
3
43.78
83.48
119.37
151.73
180.82
206.86
4
52.93
100.91
144.30
183.43
218.59
250.07
6
71.98
137.24
196.26
249.46
297.28
340.09
8
87.01
165.91
237.25
301.58
359.39
411.13
NO. 1222 PAGE 2 OF 10 PAGES
Commercial roll -off rates: Temporary roll -off
Size
Type
Delivery
Rental
Per
day
Haul
per
load
Disposal
per load
Total
per
load
Deposit
per
cont.
20 YD
OPEN
$49.50
$5.00
$119.76
$104.40
$224.16
$200.00
25 YD
OPEN
$49.50
$5.00
$119.76
$130.50
$250.26
$200.00
30 YD
OPEN
$49.50
$5.00
$119.76
$156.60
$276.36
$200.00
35 YD
OPEN
$49.50
$5.00
$119.76
$182.70
$302.46
$200.00
40 YD
OPEN
$49.50
$5.00
$119.76
$208.80
$328.56
$200.00
28 YD
COMP
*
*
$119.76
$150.92
$270.68
30 YD
COMP
*
*
$119.76
$161.70
$281.46
35 YD
COMP
*
*
$119.76
$188.65
$308.41
*
40 YD
COMP
*
*
$119.76
$215.60
$335.36
42 YD
COMP
*
*
$119.76
$226.38
$346.14
* rates subject to negotiation between customer and contractor
SECTION II
That Chapter 66, "Solid Waste ", Section 66 -1 "Definitions "; Section
66 -2 "Scope of Refuse Collection Work ", Subsections (a) "Frequency
of residential collection ", (d) "Quantity ", (e) "Residential
refuse; where collected ", (f) "Commerical refuse ", and (i)
"Christmas trees ", & Section 66 -4 "Contractors Operation" of the
Code of Ordinances, City of Euless, Texas, as amended, be hereby
amended to hereafter read as follows:
Sec. 66 -1. Definitions.
Base Rate means respective residential and commercial rates
established by ordinance by City for Contractors residential and
commercial services provided pursuant to this Agreement.
Brush means tree and shrub trimmings and limbs, etc., in bulk which
exceed four feet in length and cannot be loaded readily into
regular refuse compaction equipment.
Bulky waste means stoves, refrigerators, water tanks, washing
machines, furniture, appliances and other waste materials with
weights and volumes greater than those allowed for containers, but
ORDINANCE NO. 1222 PAGE 3 OF 10 PAGES
specifically excluding:
(1) loose construction debris, dead animals, hazardous waste,
medical waste or stable matter;
(2) any refrigerators, freezers, air conditioners or other
appliances that do no contain written or visual evidence
that the chlorofluorocarbons (CFO's), have been removed
there from by a certified, authorized and licensed
technician; and
(3) any other objects or items that Contractor is precluded by
federal, state or local law or regulation from collecting
or disposing in a municipal sanitary landfill.
Bundle or boxed bundle means tree, shrub or brush trimmings,
securely tied together forming an easily handled package not
exceeding four feet in length or 50 pounds in weight.
City means the City of Euless.
Commercial container means metal containers supplied by the
Contractor affording capacity to service a Commercial Unit so as to
prevent spillage, unsightly and unsanitary conditions.
Commercial unit means any commercial or industrial enterprises
operating within the corporate limits of the city, including any
residential dwellings occupied by persons or group of persons
comprising more than four families.
Contractor means the person or company performing refuse collection
under this contract.
Debris means waste building materials resulting from construction,
remodeling, repair or demolition operations, including without
limitation, dirt, concrete, rocks, bricks, lumber, shingles,
plaster, sand, gravel and other waste building materials.
Disposal site means a depository, including but not limited to
sanitary landfills, transfer stations, incinerators, and waste
processing/ separation centers licensed, permitted or approved to
receive for processing or final disposal of solid waste by all
governmental bodies and agencies having jurisdiction and requiring
such licenses, permits or approvals.
Garbage containers means portable cans or similar containers
constructed of galvanized iron, tin or other substantial material,
or plastic bags or cardboard boxes, designed to store refuse or
rubbish with sufficient wall strength to maintain physical
integrity when lifted by the top. The maximum capacity of a garbage
container shall not exceed 35 gallons and the total weight of a
garbage container and its contents shall not exceed 50 pounds.
ORDINANCE NO. 1222 PAGE 4 OF 10 PAGES
Hazardous waste means any fecal material, oil, sludge and any
radioactive, pathological, toxic, acidic or volatile materials, or
any chemical, compound, mixture, substance or article which is
designed by the United States Environmental Protection Agency or
appropriate agency of the State of Texas to be "hazardous," "toxic"
or a "contaminant" or "pollutant, 11 as such terms are defined by or
pursuant to Federal or State law or regulation.
Medical Waste means all medical waste, infectious waste, special
waste from health care facilities and other similar wastes as same
may be defined by or pursuant to federal or state law or
regulation.
Loose Brush means tree and shrub trimmings which are not placed in
disposable containers or reusable containers nor are they tied and
bundled so as to constitute bundle or boxed bundle.
Producer means an occupant of a residential or commercial unit who
generates refuse.
Recyclable materials means:
(1)Newspapers and slicks less than one month old and magazines
(excluding items such as junk mail and other paper).
(2)Clear, green, and brown unbroken glass bottles and jars
(excluding mirrors, windows, ceramics and other glass
products).
(3)Metal food and drink cans composed of tin, steel or
aluminum (excluding scrap metal, aerosol cans, foil and
utensils).
(4)Plastic containers to include #1 - PET (polyethylene
terephthalate) , #2 - HPDE (high density polyethylene) , #3 -
PVC (vinyl /polyvinyl chloride), #4 LDPE (low density
polyethylene), #5 - PP (polyprapylene), and #7 - others
varied (excluding #6 styrofoam, plastic wrap, toys, and all
lids, caps or rings).
Recycling container means the specifically designated "blue bags"
composed of LLDPE plastic.
Refuse means every accumulation of waste (vegetable and /or other
matter) that results from the preparation, processing, consumption,
dealing in, handling, packing, canning, storage, transportation,
decay or decomposition of meats, fish, fowl, birds, fruits, grains
or other animal or vegetable matter including, but not by way of
limitation, decomposable animal waste or vegetable matter which is
likely to attract flies or rodents, and all rubbish and waste
material generated at a residential, commercial, industrial,
institutional location or construction site which must be disposed
NO. 1222 PAGE 5 OF 10 PAGES
of to prevent the attraction of flies, rodents, scavengers,
unnecessary odor or to prohibit unsightly accumulation of refuse or
fire hazards. Refuse shall not include any waste materials included
in the definition of hazardous waste or medical waste.
Residential repair debris means small amounts of containerized or
tied and bundled waste building materials including privacy fencing
(provided such fencing materials do not exceed Oft. x Eft. in size
or are dismantled and tied into bundles not exceeding 50 pounds)
generated by a residential property owner or tenant remodeling or
repairing a Residential Unit.
Residential unit means a dwelling within the corporate limits of
the city occupied by a person or group of persons comprising not
more than four families. A residential unit shall be defined when
either water or domestic light and power services are being
supplied thereto. Each single - family dwelling within any
condominium building or group shall be counted separately as a
residential unit.
Rubbish means all residentially generated waste wood, wood
products, grass cuttings, dead plants, weeds, leaves, chips,
shavings, sawdust, printed matter, paper, pasteboard, rags, straw,
used and discarded mattresses, white goods, pulp and other products
such as are used for packaging or wrapping, crockery, glass, ashes,
cinders, floor sweepings, mineral or metallic substances and any
and all other waste materials not included in the definition of
bulky waste, construction debris, refuse, or hazardous waste.
Trees means trees and tree trimmings larger than may be
accommodated under Section 1.3 in the contract may be picked up as
a special haul.
Sec. 66 -2. Scope of refuse collection work.
(a) Frequency of residential collection. The contractor shall
collect all residential refuse and rubbish in garbage containers,
residential repair debris and bundles or box bundles not less than
two times per week, with collections at least three days apart. No
collections shall be made on Sunday. The Contractor may propose to
the City changes in days of collection. Upon City Manager's
approval of the proposed changes, the Contractor shall promptly
give written or published notice to the affected residential areas.
Any missed pick -ups will be picked up by the contractor on the same
day if they are called in before 2:00 p.m. All refuse and rubbish
shall be placed in garbage containers, and together with
Residential Repair Debris and Bundle or Boxed Bundle, shall be
placed within four(4) feet of the curbside for collection by 7:00
a.m. on the designated collection day. Curbside refers to that
portion of the right -of -way adjacent to paved or traveled city
ORDINANCE NO. 1222 PAGE 6 OF 10 PAGES
roadways. Garbage Containers, Residential Repair Debris, and Bundle
and /or Boxed Bundle shall be placed as close to the roadway as
practicable without interfering with or endangering the movement of
vehicles or pedestrians. When construction work is being performed
in the right -of -way, containers shall be placed as close as
practicable to an access point for the collection vehicle.
Contractor may decline to collect any container not so placed.
(d) Quantity. Under the title of "take all service" the contractor
shall be required to pick up all rubbish, refuse, bulky waste and
residential repair debris generated from a residential unit,
provided that same is properly prepared, bagged and stored for
collection in garbage containers, or properly bundled, although
Bulky Wastes will not be required to be in Garbage Containers.
Contractor shall be required to pick up all Brush and Trees during
the regular residential collection frequency provided that same are
prepared and stored for collection in a bundle or boxed bundle.
Loose Brush and tree stumps not exceeding 50 pounds each may be
disposed of by Contractor for $10.00 per 20 cubic yard load upon a
customer's calling and scheduling a pickup. At a customer's
request, Rubbish, Residential Repair Debris, and Brush and Trees
that are not contained in Garbage Containers or are not prepared
and placed for collection in a Bundle or Boxed Bundle, may be
collected and disposed of by Contractor for a special haul fee
mutually agreed upon by Contractor and such customer.
(e) Residential refuse; where collected. Collections of refuse
shall be made from within four(4) ft, of the curb provided the
containers are freely accessible, with the bottom at ground level
or on a platform not more than three feet above ground. Containers
stored below ground surface will not be picked up.
(f) Commercial waste. Every commercial unit shall have a commercial
container or containers of a size sufficient to contain all the
rubbish, refuse, brush, bulky waste, debris, trees and other refuse
generated upon the premises and to avoid congregation of flies,
rodents, scavengers, unnecessary odor and to prohibit unsightly
accumulation of such refuse materials or fire hazards. Contractor
agrees to make commercial containers of adequate size available
upon request to any commercial unit within the corporate limits of
the city. The commercial containers provided by the contractor
shall be equipped with suitable operable covers to prevent blowing
or scattering of refuse (except for roll -off containers); shall be
maintained in good order, appearance and in a sanitary condition;
shall be of uniform color or color scheme; and shall be clearly
marked with the contractor's name and telephone number. Any
remaining commercial containers with the name of the previous
ORDINANCE NO. 1222 PAGE 7 OF 10 PAGES
contractor servicing city should be changed within 90 days of
signing contract. Any damages to screening structures caused by the
contractor will be repaired in a timely manner. The City will
resolve any disputes between the Contractor and a Commercial Unit
customer.
(g), (h) Reserved.
(i) Christmas trees. During the Christmas season each year, the
city shall provide a specific site within the city for deposit of
Christmas trees by residential customers. In the event City so
elects, the Contractor shall collect Christmas trees for a two(2)
week period from such location at no cost. The Contractor shall
deliver the Christmas trees to a Disposal Site for grinding or
chipping.
Sec. 66 -4. Contractor's operation.
(a) Hours of operation. Collection of residential units shall not
start before 7:00 a.m. or continue after sundown on the same day.
Collection from commercial units may be performed at any time so
long as such Commercial Units are not within 200 feet of a
residential structure; provided, however, collection from
Commercial Units within 200 feet of residential structures shall
not start before 7:00 a.m. or continue after 9:00 p.m. on the same
day. Exceptions to collection hours shall be effected only with
approval, in writing, of the City Manager.
(b) Holidays. The following shall be holidays for purposes of this
article:
Thanksgiving Day
Christmas Day
New Years Day
Independence Day
Contractor may decide to observe any or all of the above - mentioned
holidays by suspension of collection services for the holiday, but
such decision in no manner relieves the contractor of its
obligations to provide refuse collection services at residential
units at least once a week. Contractor shall provide 14 days
written notice to the City Manager or his designee of its election
to observe any such holiday.
(c) Complaints and nonperformance. Service complaints shall be
handled in the following manner:
(1)Service complaints -- Contractor. All service complaints shall
ORDINANCE NO. 1222 PAGE 8 OF 10 PAGES
initially be directed to the contractor and shall be resolved by
the end of the next business day. The contractor shall supply all
copies of all complaints on a form approved by the city indicating
the disposition of each complaint. The form shall indicate the day
and hour on which the complaint was received and the day and hour
at which the complaint was addressed and resolved.
(2)Same- -City. The city shall
complaint reported to the city
contractor to take whatever steps
the complaint and notify the city
the next business day.
notify the contractor of each
It shall be the duty of the
necessary to remedy the cause of
of its disposition by the end of
(3)Damage; private property. The contractor shall provide the city
with a full explanation of the disposition of any complaint
involving a customer's claim of damage to private property
resulting from actions of contractor's employees, agents or
subcontractors.
(4) Complaint procedures. The contractor shall provide the city with
information regarding complaint procedures, rules and regulations
and day(s) of collection, etc. Information is to be in the form of
printed material distributed by the contractor.
(d) Office. Contractor shall, at its own expense, keep an office
open in Tarrant County and provide a telephone answered (mechanical
answering machine is not acceptable) from 8:00 a.m. to 5:00 p.m.,
Monday through Friday,and 8:00 a.m. to 2:00 pm on Saturday,
excluding legal holidays, for the purpose of handling complaints
and other calls regarding refuse collection service. The contractor
shall keep competent personnel in the office during the time the
office is required to be open to the public and the office
personnel shall have authority to represent the contractor in its
relations with the city and the public. The contractor shall also
provide the city a telephone number by which the contractor can be
contacted for after hours emergencies. The Contractor shall keep
and maintain in the office a daily log of all the service calls
which shall show the nature of the call, complaint or communication
and the disposition thereof by the Contractor. The City shall have
the right to inspect the daily log at any reasonable time.
Throughout the term of this contract, Contractor shall establish
and maintain an authorized Managing Agent and shall designate in
writing to the City Manager the name, telephone number, and address
of such agent upon whom all notices shall be served by the City and
to whom complaints received from citizens of the City may be
directed. Contractor agrees to secure an annual listing in the
local Mid - Cities telephone directories in both the white and yellow
pages under the name by which it conducts business in the
community.
(e) Hazardous weather. The Contractor with the consent of the City
Manager may cancel a portion or all of a scheduled service day due
ORDINANCE NO. 1222 PAGE 9 OF 10 PAGES
to hazardous weather conditions. Contractor will provide immediate
written notice to City via facsimile transmission of its
cancellation of all or a portion of a scheduled service day.
SECTION III.
Severability Clause. That it is hereby declared to be the
intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance shall be declared
invalid or unconstitutional by the valid judgement or decree of any
court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without
the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION IV.
Savina Clause. That Chapters 30 and 66 of the Code of Ordinances,
City of Euless, Texas, as amended, shall remain in full force and
effect, save and except as amended by this ordinance.
SECTION V.
Effective Date. This ordinance shall be in full force and effect
from and after its passage and publication as provided by the
Euless City Charter and the laws of the State of Texas.
PRESENTED AND GIVEN FIRST READING and approved at a regular meeting
of the Euless City Council on the 26th day of November, 1996; by a
vote of 5 ayes, 0 nays and 0 abstentions.
ATTEST:
san Crim CMC, City Secretary
APP OVED TO RM:
Bob McFarland, Ci Att'brne
APPROVED:
Mary Lib Saleh, Mayor
ORDINANCE NO. 1222 PAGE 10 OF 10 PAGES