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HomeMy WebLinkAbout025867 ORD - 07/27/2004AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE, REGARDING RESOURCE RECOVERY FEES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 21-40 is revised to read as follows: "Sec. 21-40. Charges-For collection services within the City of Corpus Christi. "(a) The following charges apply to the collection of solid waste from solid waste services department customer located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal/state surcharges or fees specified in section 21 20 and state and city taxes. The charges for collection services are: Type Description Minimum Charge Per Month or Fraction Thereof Collection (1) One-family dwelling $13.25 26.50 (2) Two-family dwelling on one (1) water and/or gas meter (3) Two-family dwelling on separate water and/or gas meters 13.25 each unit (4) Apartment 12.25 13.25 unit __ per (5) One-family dwelling and single apartment on one (1) water and/or gas meter 26.50 R43419A5 doc 2 (6) (7) (8) (9) (1 O) (11) Apartment house, travel trailer park1 or 12.25 manufactured home park on one (1) water and/or 13.25 per gas meter unit Apartment house, travel trailer park, or 12.25 manufactured home park -- Each apartment, travel 13.25 per trailer pad, or manufactured home site on separate unit water and/or gas meter Additional charge for rear door pickup on any type 10.75 per above unit Additional loads of heavy brush or bulky item at 48.00 per time of scheduled heavy brush or bulky item Icad collection Surcharge for bulky item pickup 10.00 per item Special non-scheduled heavy brush, clean wood, Actual cost waste, debris, or bulky items pick up, including pick not to up of heavy brush and debris set out more than two exceed (2) weeks prior to the scheduled pick up or brush or $200.00 debris that is a traffic, safety, or health hazard per Icad (12) Recycling containers: Each solid waste services 4.00 per customer account will pay a fee for recycling container containers that will be refunded upon termination of the account and return of the recycling containers (13) Surcharge for tires set out for collection 5.00 per tire "(b) Except as provided in section 21-41, any residence, apartment, or other premises that does not receive collection services from the department under the provisions of section 21-10 of this chapter, will not be charged collection or disposal fees. "(c) Collection services for an apartment house, travel trailer park, or manufactured home park on one (1) water or qas meter will be charcled aqainst the person in whose name the water or qas meter account is maintained. "(d) A business and commercial institutions establishment and any other occupied premises located within the City of Corpus Christi, except a residence covered by paragraphs (a) and (b) of this section, shall be charged for collection services by the department at a rate determined by the director based on the following: R43419A5.doc 3 "(1) Any rate set must be reasonable and determined by the type amount of refuse, the location of the refuse, the number of pickups per week that are necessary to properly service and maintain sanitary conditions, and in proportion to the minimum rate established in this paragraph. "(2) The director may not set a rate below twenty three dollars and twenty six cents ($23.26) twenty-four dollars and twenty -six cents ($24.26) a month (the minimum rate), plus any applicable state disposal fees and state and city taxes." SECTION 2. Section 21-41(e) is revised to read as follows: "Sec. 21-41. Charges--For disposal services. "(e) The following fee schedule applies to each load of solid waste deposited at a disposal site operated by the department: Residential customers A Corpus Christi residential customer for trash, yard No charge waste, heavy brush, bulky items, large household appliances, and clean wood waste, but no construction/demolition materials. (The director shall determine what form of identification is required to prove that the individual is a resident of the City. ) B Corpus Christi residential customer for construction/demolition materials No charge on first Saturday of each month C Corpus Christi residential customer during community clean up events approved by the director No charge D Non-Corpus Christi resident, who is covered by a special agreement between the City of Corpus Christi and another agency for solid waste disposal, hauling individual's household waste in personally owned, non-commercial vehicle.(The director shall determine what form of identification is required to prove that the individual is a beneficiary of the special agreement.) As specified in the special agreement E Any other individual hauling the individual's own household waste in personally owned, non- Commercial tipping fee R43419A5 doc 4 commercial vehicle rate per load, plus special fees for appliances and tires "(2) Commercial vehicles (tipping rate) A Solid waste by weight $26.50 $29.17 per ton* Loose load of solid waste, not weighed B 7.10 7.81 .per cubic yard* C D E Compacted load of solid waste, not weighed Construction and demolition debris~ n~t weighed Heavy brush and yard waste, not weighed 10.38 .per cubic yard* 10.38 per cubic yard 10.38.per cubic yard F Commercial vehicle transporting household No charge waste for a residential customer, when accompanied by the residential customer. (The residential customer must be the driver or a passenger in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste.) *Includes state disposal fee, state/federal mandated surcharges as provided by section 21-42, and a portion of the municipal solid waste system service charge as provided by section 21-47." "(3) Special fees A Clean, uncontaminated dirt that is suitable for landfill use (as determined by landfill superintendent or designee of the No charge R43419A5.doc superintendent) B Clean rubble suitable for recycling, including $8.00 per ton crushed concrete, asphalt, bricks, etc. C Large household appliances, such as stoves, 2.00 each washing machines, clothes dryers, dishwashers, refrigerators, or other similar items, except large household appliances transported in a non-commercial vehicle by a residential customer who resides within the city D Tires Automobile Truck or large trailer tires (16--19") Tractor tires(<20") Larger than 20" Cut into quarters or more Vehicles with loads not adequately secured so as to prevent any of the contents of the transported load from being ejected or dropped during transport of the load F Use of scales 25.25 G Any solid waste that requires special As determined preparation, handling, or cover by the director E 1.00 2.00 3.00 Not accepted Tipping fee rate 5.00 5 SECTION 3. Section 21-47, Code of Ordinances is amended by adding a new subsections (b)(9) and (k) to read as follows: "Sec, 21-47, Municipal solid waste system service charge. "(b) The municipal solid waste system service charge for all waste collected is: "(9) For business and commercial customers serviced by the department, the municipal solid waste system service charqe is one dollar and eiqhh/-six cents ($1.86) per month (which includes the city street use fee). R43419A5.doc 6 "(k) In addition to the municipal solid waste system service charqe, each customer is liable for any applicable state and city taxes on the municipal solid waste system service charge. SECTION 4. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 21-3 of the City Code of Ordinances. SECTION 5. 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 of this ordinance be given full force and effect for its purpose. SECTION 6. This Ordinance is effective August 1,2004. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R43419A5.doc That the foregoing ordinance was read for the first tim and passed to its second reading on this the I~¢rl dayof ~-~-L--/ e, 20041by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Sco~ That the foregoing ordi[~.nce was read for the second time and passed finally on this the ,~ day of ')' .~,..(_~,~ ,2004 by the following vote: Samuel L. Neal, Jr. C~.~ Bill Kelly 0~4~ Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the ~(1' dayof ATI'EST: Arman~ City Secretary Rex A. Kinnison Jesse Noyola Mark Scott ,20o4. Samuel L. Neal, Jr. ~' Mayor APPROVED: 27~h day of July, 2004: C i~ry~F~r n ;iy~ R43419A5doc State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4964305 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Calle~Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refuglo, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-~'rnes and on the World Wide Web on the Calle~Times Interactive on the 2ND day(s} of AUGUST, 2004. $70.00 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of AUGUST 03, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Christi CaJler-Times, Monday, August 2, ~ NOTICE O~ p.~SE, A~ ' O~lln~¢~. City ~ ~r 21, ~. uae, regarding reaource recovery lee~; providing for