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HomeMy WebLinkAbout022307 ORD - 07/25/19951' AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, SECTION 21-18 AND SECTION 21-19 TO IMPLEMENT NEW RESIDENTIAL, BUSINESS, AND COMMERCIAL COLLECTION AND LANDFILL DISPOSAL FEE SCHEDULES; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF AUGUST 1, 1995, AND SEVERANCE; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Code of Ordinances, Section 21-18, is hereby amended to read as follows: Sec. 21-18. Charges --For services to residences. The charges shown adjacent to the respective residential categories in the table immediately below, plus the state disposal fee, state and city taxes as same may be amended from time to time, shall be the charges for the collection services and for the disposal services of the solid waste services department: Type (1) Description One -family dwelling (2) Two-family dwelling on one (1) water and/or gas meter (3) (4) (5) (6) Apartment house on one (1) water and/or gas meter Two-family dwelling on separate water and/or gas meters Apartment One -family dwelling and single apartment on one (1) water and/or gas meter (7) Apartment house --Each apartment on separate water and/or gas meter (8) Additional charge for rear door pickup on any type above sf95\landfill .ord.as 4 307 Minimum Charge Per month or Fraction Thereof Collection $11.01 11.51 $22.02 23.02 $11.01 11.51 each unit $11.01 11.51 per unit $22.02 23.02 $11.01 11.51 per unit $11.01 11.51 per unit $10.75 per unit MICROFILMED MEMORANDUM TO: Armando Chapa, City Secretary FROM: Sally Clark Farris, Assistant City Attorney THROUGH: James R. Bray, Jr., City Attorney DATE: September 13, 1995 RE: Correction of Publisher's and Scrivener's Errors; Ordinance No. 022307, Commercial Collection and Landfill Disposal Fee Schedules (Solid Waste Services Fee Increases) It has come to the attention of the Legal Department that a scrivener's error, prompted by a publishing error, was made in the form of Ordinance No. 022307, effecting increases in certain solid waste services, and passed by the Council on July 25, 1995. The error pertains to charges for rear door pickup service. Review of this department's records, the agenda memorandum, and consultation with Solid Waste Services confirm no intent and no representation to the Council to increase charges for rear door pickup of any type service. The existing fee of $10.75 should have remained unchanged. Through a publishing error, this charge was erroneously shown on the ordinance to be $11.01. The erroneous figure, $11.01, was picked up by myself, from the published ordinance, and carried forward to the form presented to Council and passed July 25, 1995. The correct charge under Sec. 21-18, type (8) is $10.75. For placement in the appropriate records of your office, I am attaching to this memo a corrected page to reflect the true and correct charge of $10.75 for rear door pickup. This item appears as the last line, first page of the ordinance in question. Please retain this memorandum in your records as cell. Approved: Jame* R. Bray, J City Attorney sf95\landfil3.mem 1 r Attachments (2) cc: Bob Bruner Victor Salas st95\landfil3.mem 2 Agenda. Memorandum SUBJECT: Solid Waste Fees Date: July 25, 1995 AGENDA ITEM: Ordinance - Amending the Corpus Christi Code of Ordinances, Section 21-18 and Section 21-19, to implement new residential, business, and commercial collections and landfill disposal fee schedules; Providing for publication and effective date of August 1, 1995, and severance; and declaring an emergency. Background Staff has determined that continued brush grinding operations and the addition of a heavier motorized compactor in the 1995-96 budget will result in higher compaction levels and enable the postponement of the previously proposed construction of cell #6 until the 1996-97 budget year. Staff has also determined that the contract for construction of cell #5 can be awarded in the upcoming fiscal year and the award of the contract for construction of cell #6 in the following year (96-97). LStaff has determined that all essential improvements both at the Elliott Landfill and the new L• can be completed upon approval of the following rate increase: • $0.50 per month for residential customers • $3.19 per ton for commercial customers During the early part of the 1995-96 Fiscal Year, a bond issue in the amount of approximately $7,945,000 will be proposed covering the following items: • Final cover (Elliott Landfill) $3,045,000 • Design & permitting services $3,000,000 • Liner Construction $1,300,000 • Gas Extraction & Monitoring -Phase I $600.000 • Total FY 96-96 $7,945,000 In fiscal Year 1998-99, an additional bond issue in the amount of approximately $19,360,000 will be proposed covering the following items: • Final Cover (Elliott Landfill) $4,060,000 • Land Acquisition $5,300,000 • Landfill Construction $10.000.000 • Total FY 98-99 $19,360,000 4 The revenues from the rate increase would be placed in a Landfill Reserve Fund. The proposed fee increases plus operating revenues to be generated willbe sufficient to cover the debt service of both bond issues at least through 2002. Recommendation: Approval of this ordinance will provide the funding necessary to meet the solid waste needs of the community up to and beyond the year 2000. Gl/ W. Thomas Utter r Type (1) (2) (3) (4) (5) (6) (7) (8) GARBAGE, TRASH AND OTHER REFUSE § 21-19 Description One -family dwelling Two-family dwelling on one (1) water and/or gas meter Two-family dwelling on separate water and/or gas meters Apartment One -family dwelling and single apartment on one (1) water and/or gas meter Apartment house on one (1) water and/or gas meter Apartment house -Each apartment on sep- arate water and/or gas meter Additional charge for rear door pickup on any type above Minimum Charge Per Month or Fraction Thereof Collection $11.01 22.02 11.01 each unit 11.01 per unit 22.02 11.01 per unit 11.01 per unit 11.01 per unit The above charges apply to the collecting and disposal of gar- bage, trash, and debris from residential and apartment properties listed above. All residences, apartments, and other premises not serviced by the department of solid waste services will not be charged a disposal fee except as provided by section 21-19(b). (Supp. 1966, § 18-21; Ord. No. 8553, § 1, 8-2-67; Ord. No. 9866, § 1, 7-29-70; Ord. No. 12206, § 1, 8-7-74; Ord. No. 14421, § 1, 8-9.78; Ord. No. 15044, § 1, 8-8-79; Ord. No. 15699, § 1, 8-13-80; Ord. No. 16450, § 1, 8.12-81; Ord. No. 17157, § 2, 7-28.82; Ord. No. 17764, § 2, 8.3-83; Ord. No. 18353, § 2, 7-24-84; Ord. No. 18938, § 2, 7-23-85; Ord. No. 19404, § 1, 7-29-86; Ord. No. 20735, § 2, 7-25-89; Ord. No. 21209, § 1, 8-6-91; Ord. No. 21453, § 1, 8-11-92; Ord. No. 21710, § 1, 7-27-93) Sec. 21.19. Same -To business and commercial establish- ments, etc. (a) The business and commercial institutions and all other oc- cupied premises in the City of Corpus Christi for which the col- lection service of the solid waste services department is requested, except residences covered by section 21-18 of this Code, shall be charged at a minimum rate of twenty-two dollars two cents ($22.02) a month, plus the state disposal fees, state and city taxes as same may be amended from time to time. 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O1Sw. pears. a®D0 L Sr City teas wry le Crud Is a.am any pa liana= of in oealoa s seer eat to r.9slrod by is. fay • tea tar rafall.0 ca aeras asd mons '�!�� faat11lod :+raO r amt Will be Apra tar SS type at b That the foregoing ordinance was read for the first tine and passed to i second reading on this the 20 day ,f Jut y 19 '{5 , by the following vote: Mary Rhodes ////��� Edward A. Martin Jack Best / Dr. Da. id McNichols Cy,y Melody Cooper wy David .oyola Cezar Galindo'•; wY_ Clif Liss �r Betty Jean LOIOOria Q i That the foregoing ordinance was read f,rand tine and pas ed finally on this the 77cf �r 19 J') , by the following rote Mary Rhodes Jack Best Melody Coc?er Qt f Edward A. Martin /111_, Cesar Galindo Betty Jean Longoria (Lr Dr. Der.id NCNichols David oyola (1.11 Clif MLss PAS$g,D AND APPROVED, this the 2/ day of 19(7") ATTEST: City Secretary ( \ APPROVED: 14 DAT Or ly JAMES R. BRAT, JR., CIT! ATTORNEY 75T C -955_s CNAISTI ',:ass\wa X21710 4 PUBLISHER'S AflID)itt Stat,: of Texas', 1 0111` or CORPUS :KRISTI County of Susan } ss: ADM 53075 POO Before me, the undersigned, a Notary Put came DeveL1Y Bennett, vho being first dt law, says that she is Business Office St Chr Caller -Timed, a daily newspaper =Asti In said County and State, genera Aransas, lee, Brooks, Cameron, Duval, Hi Wells, Ka:nes, Kenedy, Xleberg, Live Oak Patricio, Victoria, and Webb Counties, a. of NOTICE QF PASSAGE OF ORDINANCE NO. 02 CHRISTI CODE OR ORDINANCES. SECTION 21-1 the annexed is a true copy, vas publishe Caller -Times on the and day(s) of Tuaust • Ac, this day personally y sworn, according to -retary of the QorOWE .xablished at cornus _ly circulated in ialgo, Jim Hogg, Jim Nueces, Refugio, San Id that the publication *710 AMENDING THE CORPUS 4. TO IMPLEMENT NEW which ! in the sown. Christi 1993. One Time(s) S 32.00 • Offi Gc� oq;Secrstary Subscribed and sworn to befo:-e se this 19tH day of /monist, 1993. P A 7 Notary Public, Nneces County Texas ,off :.*; AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, SECTION 21-18 AND SECTION 21-19 TO IMPLEMENT NEW RESIDENTIAL, BUSINESS, AND COMMERCIAL COLLECTION AND LANDFILL DISPOSAL FEE SCHEDULES; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE OF AUGUST 1, 1995, AND SEVERANCE; AND ECLARING AN EMERGENCY. NO ` , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORFU HRISTI: SECTION That the Corpus Christi Code of Ordinances, Section 21-18, is hereby amended to read as fol .ws: Sec. 21-18. Charges--Fo ervices to residences. The charges shown adja -nt to the respective residential categories in the table immediately below, plus the state disposal fee, . to and city taxes as same may be amended from time to time, shall be the charges for the collector services and for the disposal services of the solid waste services department: Type Description (1) One -family dwelling (2) Two-family dwelling on one (1) water and/or meter Minimum Charge Per month or Fraction Thereof Collection $11.01 11.51 $22.02 23.02 (3) Two-family dwelling on separate water and/or gas $11.01 11.51 each unit meters (4) Apartment $ 11.51 per unit (5) One -family dwelling and single apartment on one $ .:' 23.02 (1) water and/or gas meter (6) Apartment house on one (1) water and/or gas 1 51 per unit meter $11.01 (7) Apartment house --Each apartment on separate $11.01 11.51 water and/or gas meter (8) Additional charge for rear door pickup on any type $11.01 per unit above er unit sf95\landfdl.ord.as 1 022307 r The above charges apply to the collecting and disposal of garbage, trash, and debris from residential and apartment properties listed above. All residences, apartments, and other premises not serviced by the department of solid waste services will not be charged a disposal fee except as provided by section 21-19(b). SECTION 2. That the Corpus Christi Code of Ordinances, Section 21-19, is hereby amended to read as follows: Sec. 21-19. Same --To business and commercial establishment, etc. (a) The business and commercial institutions and all other occupied premises in the City of Corpus Christi for which the collection service of the solid waste services department is requested, except residences covered by section 21-18 of this Code, shall be charged at a minimum rate of twenty two dollars and fifty-two cents (S22.52) a month, plus the state disposal fees, state and city taxes as same may be amended from time to time. All charges above the minimum rates shall be determined by the director of solid waste services; shall be reasonable; shall be determined by the type and amount of refuse, the location of the refuse and the number of pickups per week that are necessary to properly service and maintain sanitary conditions; and shall be not less than an amount proportional to the minimum charges provided in this article, said minimum charges being based on collection of one cubic yard of garbage per week. (b) Persons disposing of solid waste and rubbish at any city disposal site designated by the director of solid waste services shall pay a disposal fee, plus the state disposal fees, state and city taxes as same may be amended from time to time, for each and every load of solid waste deposited in accordance with the schedule below. The composition of all loads as it applies to the appropriate fee to be paid shall be determined by the director of solid waste services or his designee. Unless contractual arrangements specify otherwise, the director of solid waste services may authorize special agreements for disposal of solid waste with other agencies. (1) Non-commercial vehicles Fee s195\landfill.ord.as a. Passenger cars, station wagons, pickups and single -axle trailers used by Corpus Christi residents to haul owner's waste (with valid driver's license showing current Corpus Christi address and a current city utility bill showing the same address) except for special fees for appliances and tires No charge 2 b. Passenger cars, station wagons, pickups and single -axle trailers (except as pertains to non-commercial vehicles: paragraph c) used by non -Corpus Christi residents to haul owner's waste, except for special fees for appliances and tires, per unit c. Passenger cars, station wagons, pickups and single -axle trailers used by out of city limits residents of agencies with a special agreement for disposal (with valid driver's license showing current address and a utility bill showing the same address) except for special fees for appliances and tires, per unit (2) Commercial vehicles. a. Dirt --Suitable for cover (as determined by landfill supervisor) b. Commercial pickups, panel trucks, single -axle trailers, per unit c. All other commercial vehicles,* per ton Minimum charges if the scales are used d. If the scales are not available each cubic yard: Loose Compacted Minimum Charge *The rate for all other commercial vehicles shall be effective thirty (30) days after the effective date of the ordinance, and thirty (30) days after the effective date of rate changes as such shall from time to time occur. $49700 22.19 As specified in the special agreement No charge. $19700 22.19 $3-9.0 22.19 $19.00 22.19 $4.73 5.55 $633 7.40 $+9:00 22.19 SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. st95\landfill.ord.as 11 3 SECTION 4. Following publication as required by law, the rates made by amendments effected within this ordinance shall become effective August 1, 1995, except as to other commercial vehicles, as provided within the Ordinance. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, so that the Solid Waste Services Department of the City may institute fee changes necessary to maintain adequate funding for that public service; such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 2_5 day of ,1995. ATT . T: I Armando Chapa, City Secretary APPROVED: Rid DAY OF JAMES R. BRAY, JR., CITY ATTORNEY By: CIiLE , La/t�it0/ Sall Clark Farris Assistant City Attorney sf95\landfill.ordas lr , 1995 4 MAYOR, CITY OF CORPUS CHRISTI Corpus Li , Texas 25- Day of ,19CIS TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, MAYOR, THE CITY OF CO The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David A. McNichols s195\landfil I.ord.as avi, air cur aNt 0522307 S CHRISTI