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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 } } 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