HomeMy WebLinkAbout028259 ORD - 07/28/2009AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 21, ARTICLE I,
SECTION 21-1 BY REVISING THE DEFINITION FOR "CAN
ACCOUNT;" AMENDING ARTICLE IV, SECTION 21-40(a) BY
REVISING SOLID WASTE RESOURCE RECOVERY FEES AND
ENACTING A RESIDENTIAL CART COLLECTION FEE; AMENDING
ARTICLE IV, SECTIONS 21-47(a) and (b) BY REVISING THE STATE
AGENCY REFERENCE AND THE MUNICIPAL SOLID WASTE SYSTEM
SERVICE CHARGES; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION;
AND PROVIDING FOR PENALTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The definition for "can account" in Chapter 21, Article I, Section 21-1, of
the Code of Ordinances is amended by revising the definition to read as follows:
"Can account: A commercial or residential account susteaaer who sets out its
solid waste in conventional refuse receptacles or plastic trach bags of less
than -ninety -galley 100 -gallon or less capacity for collection by a permitted
solid waste hauler."
SECTION 2. Chapter 21, Article IV, Section 21-40(a), of the Code of Ordinances is
amended by revising the resource recovery fees set out in the table in subsection (a),
including enacting a double load fee for heavy brush/bulky items and a cart collection
fee for customers that have more than one cart, and revising the subsection 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 customers 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:
TABLE INSET:
Type
Description
Minimum Charge
Per Month or Fraction Thereof
Collection
(1)
One -family dwelling
$15.91
(2)
Two-family dwelling on one (1) water and/or gas meter
$31.82
(3)
Two-family dwelling on separate water and/or gas meters
$15.91 each unit
(4)
Apartment
$15.91 per unit
028259
INDEXED
(5)
One -family dwelling and single apartment on one (1) water and/or
gas meter
$31.82
(6)
Apartment house, travel trailer park, or manufactured home park on
one (1) water and/or gas meter
$15.91 per unit
(7)
Apartment house, travel trailer park, or manufactured home park --
Each apartment, travel trailer pad, or manufactured home site on
separate water and/or gas meter
$15.91 per unit
(8)
Additional charge for rear door pickup on any type above
$11.86 per unit
(9)
Additional loads of heavy brush or bulky item at time of scheduled
heavy brush or bulky item collection
$3830 $64.13 per load
(10)
Surcharge for bulky item pickup
$10.00 $11.00 per item
(11)
Special non-scheduled heavy brush, clean wood, waste, debris, or
bulky items pickup, including pickup of heavy brush and debris set
out more than two (2) weeks prior to the scheduled pickup or brush
or debris that is a traffic, safety, or health hazard
cost not to exceed
Actual Actual $200.00 per load
(12)
Recycling containers: Each solid waste services customer account
will pay a fee for recycling containers that will be refunded upon
termination of the account and return of the recycling containers
$ 6.00 per container
(13)
Surcharge for tires set out for collection
$ 5.00 per tire
(14)
Garbage cart delivery fee --assessed for every second and additional
$10.00 per cart
$2.00 per cart
residential cart delivered and for every third commercial cart
delivered per account (Commercial: maximum three carts)
Monthly collection fee on second and additional residential carts
SECTION 3. Chapter 21, Article IV, Sections 21-47(a) and (b), of the Code of
Ordinances is amended by revising the reference to the appropriate State agency and
the municipal solid waste system service charges, and revising the subsection to read
as follows:
"Sec. 21-47. Municipal solid waste system service charge.
"(a) The municipal solid waste system service charge is designed to cover
costs incurred by the city as a result of the generation of solid waste by
businesses and industries within the city. The municipal solid waste system
service charge covers several components:
EHord259.doc
"(1) City street use, which covers some of the costs to repair city
streets, curbs, and gutters due to damage from solid waste industry
vehicles. Costs of repairs to federal and state highways are not
included.
Page 2 of 6
"(2) Landfill availability, which provides revenues to help recover the
cost of ensuring the availability of permitted municipal landfills for use
of solid waste generators located within the city.
"(3) Solid waste management, which covers some of the costs
incurred by the city associated with the city's litter control, code
enforcement, and illegal dumping enforcement programs, some of the
cost associated with the city's recycling, waste reduction, cash for
trash, and household hazardous waste programs, education,
recycling training, public awareness, and other solid waste programs,
to help the city reach the forty (40) per cent diversion rate goal
defined by the TNRCC Texas Commission on Environmental Quality.
It also covers the cost of enforcing this chapter.
"(b) The municipal solid waste system service charge for all waste collected
is:
"(1) For customers located within the city, who are billed by their
permitted solid waste hauler for hire by tonnage, the municipal solid
waste system service charge is =
cents ($27.35) thirty-four dollars and fifty-seven cents ($34.57) per ton
of waste.
"(2) For customers located within the city, who are billed by their
permitted solid waste hauler for hire by the volume of the dumpster
and frequency of service, the municipal solid waste system service
charge is one dollar and eleven cents ($1.11) one dollar and forty
cents ($1.40) per cubic yard of capacity each time the customer's
dumpster is serviced. For customers located within the city, who are
billed by their permitted solid waste hauler by the volume of the roll -off
box and frequency of service, the municipal solid waste system
service charge is three dollars and sixty-nine cents ($3.69) per cubic
yard of capacity each time the customer's roll -off box is serviced.
"(3) For customers located within the city, who are billed by their
permitted solid waste hauler for hire by tonnage, if their permitted
solid waste hauler for hire has a put or pay contract with the city and
disposes the customer's solid waste at a disposal site operated by the
department, the municipal solid waste system service charge will be
credited with nineteen
dollars and forty-three cents ($19.43) for the portions of the charge
that are collected through the hauler's acceptance fee. The municipal
solid waste system service charge, with the credit, is eleven -dollars
and ninety eight ccnts ($11.98) fifteen dollars and fourteen cents
($15.14) per ton of waste.
EHord259.doc Page 3 of 6
"(4) For customers located within the city, who are billed by their
permitted solid waste hauler for hire by the volume of the dumpster
and frequency of service, if their permitted solid waste hauler for hire
has a put or pay contract with the city and disposes the customer's
solid waste at a disposal site operated by the department, the
municipal solid waste system service charge will be credited with
thirty nine cents- ($0.39) forty-nine cents ($0.49) for the portions of the
charge that are collected through the hauler's acceptance fee. The
municipal solid waste system service charge, with the credit, is
seventy -two -dents -($0,72) ninety-one cents ($0.91) per cubic yard of
capacity each time the customer's dumpster is serviced.
"(5) For customers within the city, who are billed by the permitted
solid waste hauler for hire by tonnage, if their permitted solid waste
hauler for hire pays the tipping rate published in subsection 21-
41(e)(2)a., the municipal solid waste system service charge will be
credited with twenty two dollars and twenty seven cents ($22.27)
twenty-four dollars and thirty-three cents ($24.33) for the portions of
the charge that are collected through the tipping fee. The municipal
solid waste system service charge, with the credit, is five -dollars -and
eight -Gents -457W ten dollars and twenty-four cents ($10.24) per ton
of waste. Except as provided in subsection (d) of this section, if the
hauler pays the tipping fee at the time the hauler disposes of the solid
waste, the municipal solid waste system service charge must be paid
at the time the hauler disposes of the solid waste at the disposal site
operated by the department.
"(6) For customers within the city, who are billed by the permitted
solid waste hauler for hire by the volume of the dumpster and
frequency of service, if their permitted solid waste hauler for hire pays
the tipping rate published in subsection 21-41(e)(2)a., the municipal
solid waste system service charge will be credited with ninety cents
($0:90) one dollar and nine cents ($1.09) for the portions of the
charge that are collected through the tipping fee. The municipal solid
waste system service charge, with the credit, is twenty -one -Gents
($0.21) thirty-one cents ($0.31) per cubic yard of capacity each time
the customer's dumpster is serviced. Except as provided in
subsection (d) of this section, if the hauler pays the tipping fee at the
time the hauler disposes; of the solid waste, the municipal solid waste
system service charge must be paid at the time the hauler disposes of
the solid waste at the disposal site operated by the department. For
customers located within the city, who are billed by their permitted
solid waste hauler for hire by the volume of the roll -off box and
frequency of service, if their permitted solid was hauler for hire has a
put or pay contract with the city and disposes of the customer's solid
waste at a disposal site operated by the department, the municipal
solid waste system service charge will be credited with one dollar and
twenty-nine cents ($1.29) for the portions of the charge that are
EHord259.doc Page 4 of 6
„(c)
collected through the hauler's acceptance fee. The municipal solid
waste system charge, with the credit, is two dollars and forty cents
($2.40) per cubic yard of capacity each time the customer's roll -off
box is serviced. For customers located within the city, who are billed
by their permitted solid waste hauler for hire by volume of the roll -off
box and frequency of service if their permitted solid waste hauler for
hire pays the tipping rate published in section 21-41(e)(2)a., the
municipal solid waste system service charqe will be credited two
dollars and eighty-seven cents ($2.87) for portions of the charge that
are collected through the tipping fee. The municipal solid waste
system service charge, with the credit, is eighty-two cents ($0.82) per
cubic yard of capacity each time the customer's roll -off box is
serviced.
"(7) For can account customers within the city the municipal solid
waste system service charge is - - - - -
($7.19) nine dollars and nine cents ($9.09) per collection by the
permitted solid waste hauler for hire (which includes the city street
use fee).
"(8) For residential customers serviced by the department, the
municipal solid waste system service charge is three dollars and forty-
two cents ($3.42) per month (which includes the city street use fee).
"(9) For business and commercial customers serviced by the
department, the municipal solid waste system service charge is four
dollars and seventeen cents ($4.17) per month (which includes the
city street use fee).
* * *
SECTION 4. The provisions of this ordinance are effective on and after August 1, 2009.
SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it will not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of the City Council that every section, paragraph, subdivision, phrase, word, and
provision of this ordinance be given full force and effect for its purpose.
SECTION 6. Publication of this ordinance is to be made in the official publication of the
City of Corpus Christi as required by the City Charter of the City of Corpus Christi,
Texas.
SECTION 7. A violation of any provision of this ordinance or requirements implemented
under this ordinance constitutes an offense punishable as provided in this ordinance
and in Sections 1-6 and 1-6.1 of the Code of Ordinances of the City of Corpus Christi.
EHord259.doc Page 5 of 6
The forego'�n�p rdinance was r ��d f9Qr the first time and passed to its second reading on
this the f y day of C hti(/,vt, 2009, by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
No
John E. Marez
1
Nelda Martinez a "
Mark Scott Ad/4" `L
The foregoin j rdinance wa ead for the second time and passed to its final reading on
this the [S'�J day of 2009, by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
PASSED AND APPROVED this the —G(1.'—day of
ATTEST:
i&h,„9,2 co,
Armando Chapa
City Secretary
APPROVED as to form: July 8, 2009
i1 V%
Eliz- th R. Hundle
Ass i ant City Attorney
for the City Attorney
EHord259.doc
, 2009.
Joe Ad e
Mayor
028259
EFFECTIVE DATE
Page 6 of 6
State of Texas
County of Nueces
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PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5912712
Po #
Before me, the undersigned, a Notary Public, this day personally came
JENNIFER HOBBS, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -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, Refugio, San Patricio, Victoria and Webb Counties, and that the
6?
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
8/3/2009, 8/5/2009.
$ 146.22
1Time(s)
On this � �ay of
is a true and an exact copy
LEG '% 9! REPRESENTIVE
• �' Y ��' •- G VENN J. MEDINA
n MY COMMISSION EXP1RES
August 2 2012
certify that the attached document
/publisher.
Notary Public, State of Texas
CALLER -TIMES « August 3, 2009 a 5E
NOTICE OF
PASSAGE OF
ORDINANCE NO.
028259
Legal Notices 1110
Amending the Code
of Ordinances, Chap-
ter 21, Article 1, Sec-
tion 21-1 by revising
the definition for "Can,
Account"; amending
Article IV, Section
21-40(a) by revising
Solid Waste resource
recovery fees and i
enacting a residential
cart collection fee;
amending Article IV,
Sections 21-47(a)
and (b) by revising
the State Agency ref-
erence and the Mu-
nicipal Solid Waste
System service
charges; providing for
an effective date;
providing for pudica-
tion; and providing for'
penalties. This ordi-
nance was passed
and approved by the
City Council of the
City of Corpus Christi
on its_second reading
on July 28, 2009.
This ordinance is ef-
fective on or after Au-
gust 1, 2009.
Is/Armando Chapa
City Secretary
City of Corpus Christi
-� r