Loading...
HomeMy WebLinkAboutPO 7012: CHANGES FOR SOLID WASTE PROPOSING A TOTER RATE INCREASE AND THE REMOVAL OF THE DISCOUNT FOR ADDITIONAL COMMERCIAL CONTAINERS City of T, �RF ur; rtlrn�� Terns INTEROFFICE MEMORANDUM Date: November 2, 2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Flozelle C. Roberts, EIT, MEng, MBA, Director of Public Works RE: P.O.No. 7012—Ordinance Changes for Solid Waste Proposing a Toter Rate Increase and the Removal of the Discount for Additional Commercial Containers Introduction: On October 26th, the City Council was presented P.O. 7001 seeking approval to adjust the Residential Toter rate from $18.00 to $20.50 and increase the Commercial Refuse rate by 10% percent. The P.O. 7001 agenda item failed on a 3-3 vote denying the passage of the proposed fee changes. The proposed ordinance being reconsidered will help the Solid Waste Division cover the anticipated operating costs for garbage service, which also includes resources to cover routine maintenance and replacement of the division's equipment improving our timeliness and reliability of our trash schedules. Background: • On September 6, 2006, the City Council approved Ordinance 06-73 increasing the collection fee for the first residential toter to $16.50 and $2.00 for the additional toter. The ordinance is included with this memo for you to review. • On August 26, 2008, the City Council approved Ordinance 08-86 increasing the collection fee first residential toter to$18.00. The ordinance is included with this memo. • On September 29, 2014, the City Council approved Ordinance 14-43 increasing the additional toter fee to $5.00. The ordinance is included with this memo. • On March 30, 2021, the City Council approved Ordinance 21-20 increasing the additional toter fee to$7.50.The average cost for toters has ranged from$48-$52. Since 2020,the city has procured 2,008 toters. The ordinance is included with this memo. "Remember,we are here to serve the Citizens of Port Arthur" • A t Cit1 urt rthu�— Texas The Solid Waste Division consistently repairs and replaces customers' residential toters and commercial containers at no additional cost to the customers. This increase in toter and container fees will aid in the continuation of these services. The proposed ordinance changes will be effective December 1, 2021. The updated rate tables will be posted on the City's website, http://www.portarthurtx.gov/. The ordinance change is intended to provide a toter rate increase and a removal of the discount to the rate for additional commercial containers. Budget Impact: An increase of$2.50 for the first toter will take effect on December 1,2021. The bill customers will receive in December will reflect a full month of the rate adjustment.The updated rate tables will be posted on the City's website at http://www.portarthurtx.gov/. The 50% discount for all additional commercial containers will be removed. Recommendation: It is recommended that council approve Proposed Ordinance No. 7012, which authorizes the proposed ordinance changes. "Remember,we are here to serve the Citizens of Port Arthur" City of u r t r t It tt�— Texas ATTACHMENTS: ➢ Ordinance No. 06-73 ➢ Ordinance No. 08-86 ➢ Ordinance No. 14-43 ➢ Ordinance No. 21-20 "Remember,He are here to serve the Citizens of Port Arthur" City of wiiort rthu�� Texas ATTACHMENT: Ordinance No. 06-73 "Remember,we are here to serve the Citizens of Port Arthur" P. O. NO. 5666 JJA: 9/6/06 ORDINANCE NO. £ (c - 73 AN ORDINANCE AMENDING SECTIONS 86-111 (CARRY-OUT SERVICE); 86-112 (RESIDENTIAL GARBAGE; 86-116 (MULTIPLE UNIT SERVICE) OF ARTICLE II (FEES) OF CHAPTER 86 (GARBAGE, TRASH AND WEEDS) OF THE CODE OF ORDINANCES, CITY OF PORT ARTHUR, TEXAS; SAID AMENDMENTS PROVIDE FOR THE AMENDMENT OF RATES CHARGED FOR GARBAGE AND TRASH COLLECTION FROM RESIDENTIAL PREMISES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. The first sentence of Section 86-111 (Carry Out Service) of Article IV (Fees) shall be amended to read as follows: "There shall be charged and collected from any customer desiring Carry-Out Service either the fee of Twenty Two and 75/100's dollars ($22.75)per month for one Carry-Out Garbage Collection per week; or, the fee of Twenty Six and 75/100's dollars ($26.75)per month for two Carry-Out Garbage collections per week." Section 2. The first sentence of Section 86-112 (Residential Garbage) of Article IV (Fees) is hereby amended to read as follows: "For each residence within the City, there shall be charged and collected the fee of Sixteen and 50/100's ($16.50) per month for the first automated collection can and two dollars ($2.00) per month for each additional automated collection can." Section 3. That Subsection (a) (7) of Section 86-114 (Commercial Refuse—Regular Service) of Article III (Fees) is hereby amended to read as follows: "(g). For each commercial premises not receiving Sanitation Container System Service, there shall be charged and collected a minimum fee of Sixteen and 50/100's Dollars ($16.50) per month, which shall entitle one customer to one (1) regular service refuse collections per week for one residential container, plus an additional fee for each additional container as set out in Section 86-112 and to the limit on number of containers set out in section 86-38. The average volume shall be checked (and corrected if necessary) by the superintendent at regular intervals. Section 4. That Subsections (1) and (2) of Section 86-116 (Multiple Unit Service) of Article IV (Fees) are hereby amended to read as follows: "(1). The Multiple Unit Service Fee for a trailer park shall be Thirteen and 55/100's Dollars ($13.55) per house trailer on the trailer park as of the day that the water meter of the trailer park is read. (It shall be the duty of the Water Utilities Department meter reader to count and note said number of house trailers when reading the meter). The payment of this fee shall entitle each house trailer at the trailer park during the month to two (2) regular service refuse collections per week at the central position for collection, each collection not to exceed thirty (30) gallons, except when collection is provided independently to each trailer unit." (2). Except for trailer parks, the Multiple Unit Service Fee shall be Thirteen and 55/100's Dollars ($13.55) for each residence or commercial premises receiving water service. The payment of this fee shall entitle each unit for which the Multiple Unit Service Fee is paid to the regular service collections from the central position for collection) as described in Section 86-112, Section 86-113 or Section 86-114, whichever is applicable." Section 5. The above provisions are all to be inserted in the affected Code of Ordinances, City of Port Arthur, Texas, in the sequence required by their designation. Section 6. All Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict. Section 7. That this being an Ordinance not requiring publications, it shall be effective on October 1, 2006. Section 8. That a copy of the caption of the Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this / Vi) day of September 2006, AD, at a Regular Meeting of the City Council of the City of Port Arthur,—Texas by the following vote: AYES: Mayor: (` 2 L17 ,C-C t 2/ Councilmembers: CLY<Z. /61( , 406(SCX 606yoz( Vii6 2 (.5-6--).-C2 a-xo( c L Lii NOES: 0% a2 Mayor ATTEST: Evangeline reen, City Secretary APPRO ED AS TO FORM: Mark Sokolow, City At1iv�T�eY (ONc* "6) APPROVED FOR ADMINISTRATION: 0- Fitzgibbon 'ty Manager Rebecca Underhill, Finance Director Z:1FinanceUennifer's Files\Ordinances'Sanitation Rate Increase.doc City of ort rthur # Texas ATTACHMENT: Ordinance No. 08-86 "Remember,we are here to serve the Citizens of Port Arthur" P. O. NO. 5920 JJA: 8/19/08 ORDINANCE NO. Og` (p AN ORDINANCE AMENDING SECTIONS 86-111 (CARRY-OUT SERVICE); 86-112 (RESIDENTIAL GARBAGE); 86-114 (COMMERCIAL REFUSE-REGULAR SERVICE) OF ARTICLE IV (FEES) OF CHAPTER 86 (GARBAGE, TRASH AND WEEDS) OF THE CODE OF ORDINANCES, CITY OF PORT ARTHUR, TEXAS; AND ADDING SUBSECTION (c) TO SECTION 86-114 (COMMERCIAL REFUSE-ENCLOSURE SERVICE) SAID AMENDMENTS AND ADDITION PROVIDE FOR THE AMENDMENT OF RATES CHARGED FOR GARBAGE AND TRASH COLLECTION FROM RESIDENTIAL PREMISES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. The first sentence of Section 86-111 (Carry Out Service) of Article IV (Fees) shall be amended to read as follows: "There shall be charged and collected from any customer desiring Carry-Out Service either the fee of Twenty Four and 25/100's dollars ($24.25) per month for one Carry-Out Garbage Collection per week; or, the fee of Twenty Eight and 25/100's dollars ($28.25) per month for two Cahy-Out Garbage collections per week." Section 2. The first sentence of Section 86-112 (Residential Garbage) of Article IV (Fees) is hereby amended to read as follows: "For each residence within the City, there shall be charged and collected the fee of Eighteen and 00/100's ($18.00) per month for the first automated collection can and two dollars ($2.00) per month for each additional automated collection can." Section 3. That Subsection (a) (1) of Section 86-114 (Commercial Refuse-Regular Service) of Article IV (Fees) is herby amended to read as follows: "a). Commercial premises (excluded from this rate charge are multiple dwelling complexes such as trailer parks and apartment units) will receive Sanitation Container System Service for removal of trash and garbage under the rates hereinafter set forth, as routes for such services are established by the City. All institutions, on-hand service, will be required to change to container service when the Solid Waste Superintendent shall deem necessary and the containers are made available by the Solid Waste Department. Under this system, the City of Port Arthur will furnish containers of proper size for ample storage between collections. Charges will be made for the service according to the size of the container and the number of weekly pickups as follows: Container Size Pickups Per Week Monthly Charge Cubic Yards Per Container 2 1 $ 39.32 2 2 78.65 2 3 107.69 2 6 208.12 4 1 50.82 4 2 101.64 4 3 145.20 4 5 246.84 4 6 278.30 8 1 76.23 8 2 152.46 8 3 223.85 8 4 304.92 8 5 376.31 8 6 427.13 10 2 190.58 10 3 279.82 10 6 533.92" Section 4. That Subsection (c) of Section 86-114 (Commercial Refuse-Enclosure Service) be added to Article IV (Fees) as follows: "(c). Enclosure Services. A customer, who desires to have City collectors open and close the container enclosure gates or doors, will be charged at a rate of$10 per weekly pickup per month. Before this service is rendered, the customer shall execute and file with the superintendent the contract for refuse collection service which form is set out in section 86-78." Section 5. That Subsection(a) (7) of Section 86-114 (Commercial Refuse—Regular Service) of Article IV (Fees)is hereby amended to read as follows: "(g). For each commercial premises not receiving Sanitation Container System Service, there shall be charged and collected a minimum fee of Eighteen and 00/100's Dollars ($18.00) per month, which shall entitle one customer to one (1) regular service refuse collections per week for one residential container, plus an additional fee for each additional container as set out in Section 86-112 and to the limit on number of containers set out in section 86-38. The average volume shall be checked (and corrected if necessary) by the superintendent at regular intervals." Section 6. The above provisions are all to be inserted in the affected Code of Ordinances, City of Port Arthur, Texas, in the sequence required by their designation. Section 7. All Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict. Section 8. That this being an Ordinance not requiring publication, it shall be effective on October 1, 2008. Section 9. That a copy of the caption of the Ordinance be spread upon the Minutes of the City Council. 42 READ, ADOPTED, AND APPROVED, this' day of August, 2008 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: (1-).i t x..CX Councilmembers: T. Y/} J 1 ci-flarki .0_ () t_i,i_.i,Lp (17t,o1 clie4tAd.U5c-X__. . - NOES: ('"/Gx-C . 2r 411-<-‘ Mayor ATTEST: /1..(.4.-L- . /- "1CL-L-1 Terri Hanks, Acting City Secretary APPROVED AS TO FORM: Vait' /r-D Mark Sokolow, City ttamey (ON b i4 w.F OF) APPROVED FOR ADMINISTRATION:AS ve Fitzgibbons, City Manager _16 _.,(.,___._ ie fl.C-k_. ).PA.Otaitile, Rebecca Underhill, Finance Director Z:\FinanceUennifer's Files\Ordinances\Sanitation Rate Increase.doc City of *iiort rthu Teras ATTACHMENT: Ordinance No. 14-43 "Remember,we are here to serve the Citizens of Port Arthur" P.O. No. 6415 DHE: 09/23/14 /LH ORDINANCE NO. < 3 AN ORDINANCE AMENDING ARTICLE II (WATER), DIVISION 3 (SERVICE CHARGES AND BILLINGS), SECTIONS 110-91 AND 110-92 OF CHAPTER 110 (UTILITIES) AND ARTICLE IV (FEES, CHARGES AND BILLING PROCEDURES), SECTION 86-112 (RESIDENTIAL GARBAGE) OF THE CODE OF ORDINANCES, CITY OF PORT ARTHUR; SAID AMENDMENTS INCREASING REDINESS TO SERVE CHARGES, AND ADDITIONAL TOTER FEE CHARGES, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That Article II (Water), Division 3 (Service Charges and Billing), Sections 110-91 and 110-92 of Chapter 110 (Utilities) of the Code of Ordinances, City of Port Arthur, are amended to read as follows: "Sec. 110-91. Rate schedule. The rates and charges for furnishing water service by the city are fixed and established for the respective purposes and kinds of service at the following charges and rates: (1) In the city. a. Readiness-to-serve charge (RTSC). This charge shall be based on the size of the water meter serving the premises as shown below. For RV/trailer parks, this charge shall be based on the size of the water meter servicing the premises. Meter Size RISC 5/8 x 3/ inch $5.00 1 inch $5.00 1'h inch $6.00 2 inch $10.00 3 inch $25.00 4 inch $35.00 6 inch $55.00 8 inch $75.00 10 inch $200.00 b. Quantity charge. This charge shall be based on the monthly cost of the water used per 1,000 gallons plus the appropriate RTSC based on meter size. Quantity in Gallons Quantity Charge 1,000 to 10,000 $4.40 per 1,000 gallons 10,001 to 50,000 $4.62 per 1,000 gallons Over 50,000 $4.85 per 1,000 gallons c. All water must be metered through meters furnished by the city, or other methods that are approved by written authorization by the city. All water rates above fixed and prescribed are for water furnished through the regular water system and plant of the city. Sec. 110-92. Consumers outside city not having special contracts. The rates, fees and charges for furnishing water service by the city are fixed and established for all persons not on special contract with the city and who reside beyond the corporate limits of the city as follows: (1) Readiness-to-serve charges (RTSC). This charge shall be based on the size of the water meter serving the premises. For RV/trailers parks, this charge shall be based on the size of the water meter serving the premises per each space in the RV/trailer park. Meter Size RTSC 5/8x% inch $ 5.00 1 inch $ 5.00 11/2inch $ 6.00 2 inch $10.00 3 inch $25.00 4 inch $35.00 6 inch $55.00 8 inch $75.00 10 inch $200.00" Section 2. That the first paragraph of Article IV (Fees, Charges And Billing Procedures), Section 86-112 (Residential Garbage) of the Code of Ordinances, City of Port Arthur, are amended to read as follows: r "Sec. 86-112. Residential garbage. For each residence within the city, there shall be charged and collected the fee of$18.00 per month for the first automated collection can and $5.00 per month for each additional automated collection can." Section 3. The above provisions are to be inserted in the Code of Ordinances, City of Port Arthur Texas in the sequence required by their designation; and, Section 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict; and, Section 5. This being an ordinance not requiring publication, it shall be effective from and after October 1, 2014; and, Section 6. That a copy of the caption of the Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this theiCV day of September, 2014 at a regular meeting of the City Council of City of Port Arthur, by the following vote: AYES: Mayor Councilmembers %%.1 .4' I. ' O ����1/.L y./ , ?_i2201. NY • NOES: N( J 4.f})d : t ''._ I �, � : t ; Debris "Bobbie" Prince Mayor 't 7'.',,4 :` .4. .' 3ts j� ATTEST APPROVED FOR ADMINISTRATION: .'r ' ,, { i - erri Be and Joh A. Comeaux �� ,, `rtmyt ,-' City Secretary Interim City Manager 1 + .'' APPROVE AS TO FORM: .: . �, -s ' 7' , � " . ' -,• a ,-y '- ce Y: 7 y• r'*4. Ti :.; ,..1;!..,:;, j14,4.,,,,ii:c' woili,, , 'i .-i Val Tizeno `' r,, . Deborah Echols S t ' City Attorney , ,,,- .. ; „ '-' Director of Finance •�£ =_ -�,xw, •u ' • ; 4'` ,y y04 y 1 h' City of _ ort rtltu Texas ATTACHMENT: Ordinance No. 21-20 "Remember,we are here to serve the Citizens of Port Arthur" r V .. Effective Date P.O. No. 6923 4awwllikthtk Page 1 of 2 12-1-20 ace ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 86 (SOLID WASTE), ARTICLE IV (FEES, CHARGES AND BILLING PROCEDURES), SECTION 86-112 (RESIDENTIAL GARBAGE) AND SECTION 86- 116 (MULTIPLE UNIT SERVICE) OF THE CODE OF ORDINANCES, CITY OF PORT ARTHUR, TEXAS, BY INCREASING THE SERVICE RATE OF ADDITIONAL GARBAGE CAN TO $7.50 PER MONTH AND THE MULTIPLE SERVICE FEE FOR TRAILER HOUSE, RESIDENCE OR COMMERCIAL PREMISES TO $15.05. PER MONTH; AND -= PROVIDING FOR AN EFFECTIVE DATE OF MAY 1, 2021. ;,+ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That Chapter 86 (Solid Waste), Article IV (Fees, Charges and Billing Procedures), Section 86-112 (Residential Garbage) and Subsections (1) and (2) of Section 86- ...A 116 (Multiple Unit Service) are hereby amended as delineated in Exhibit "A". Section 2. The above provisions are all to be inserted in the affected Code of 0111114 Ordinances. City of Port Arthur, Texas, in the sequence required by their designation. Section 3. All Ordinances and parts of Ordinances in conflict with this Ordinance are �. ---. hereby repealed to the extent of the conflict. -at'-. %1 . . '. Section 4. That this being an Ordinance which requires publication, its caption shall be published at least one (1) time within ten (10) days after final passage hereof in the official newspaper of the City of Port Arthur, and this Ordinance shall take effect on May 1, 2021. Section 5. That a copy of the caption of the Ordinance be spread upon the Minutes of the City Council. r READ, ADOPTED, AND APPROVED THIS ...� day of A , 2021 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the 4111 following vote: `' - . _ �5► . ,,r 1' �. .� 4' y r 'r , _�w y ,,.mot 4. l �'.': .1 . x , r, P J, r .e P. O. No. 6923 Page 2 of 2 12-1-20ace AYES: Mayor , 5 Imo' Councilmembers: %'/ AO & n... maw), ikbrriu)) gi2w, `'livi a) anld i40äfj . NOES: 4.)QYLP a . hurman . B Mayor ATTEST APPROVED FOR ADMINISTRATION: he ' ellard Ronald Burton City Secretary City Manager APPROVED AS TO FORM: 04 alecia Ti no Scott Moore City Attorney Assistant City Manager at N 6 ;11( t I • qC4. (!! r,r‘ Exhibit A (Sec. 86-112 - Residential Garbage, Sec. 86-116— Multiple Unit Service) • Sec. 86-112. - Residential garbage. For each residence within the city. there shall be charged and collected the fee of$18.00 per month for the first automated collection can and $5.00 $7.50 per month for each additional automated collection can. (1) This fee may be paid by the occupant of the residence; however, the owner of the residence shall be responsible for the payment, provided that: a. Where water service to a residence is discontinued by the utility operations department because of vacancy, the fee shall not be charged for the period of time during which the water service is discontinued. b. Where, at the request of the owner, a residence has been certified by the community service department as unfit for human habitation, the fee shall not be charged for the period of time during which the residence is not used as a dwelling because it is, in fact, unfit for human habitation. (2) The payment of this fee entitles one customer to one regular service garbage collection per week. (3) If the average volume of collection exceeds the size of the garbage container (64-gallon or 96- gallon), issued to the customer, the customer will be required to go to the 96-gallon or obtain an additional 64-gallon or 96-gallon size garbage container to adequately serve the customer's needs. For each additional container used the customer will be charged an additional $2.00 per month. The average volume shall be checked (and corrected if necessary) by the superintendent at regular intervals. r Sec. 86-116. - Multiple unit service. For each trailer park, apartment complex or other multiple unit dwellings within the city that are serviced by commercial container service, there shall be charged and collected a multiple unit service fee as follows, provided that the following conditions are met. The multiple unit service fee shall be determined as follows: (1) The multiple unit service fee for a trailer park shall be $13.55 $15.05 per house trailer space at 80 percent capacity r-pack-as-of}hc ray }h t the w ate meter of}ho trailer park is read. (It shall be the duty of the water utilities department meter reader to count a note said number of house trailers when r oding the meter.) The payment of this fee shall entitle each house trailer at the trailer park during the month to two regular service refuse collections per week at the central position for collection, each collection not to exceed 30 gallons, except when collection is provided independently to each trailer unit. (2) Except for trailer parks, the multiple unit service fee shall be $43-55 $15.05 for each residence or commercial premises receiving water service. The payment of this fee shall entitle each unit for which the multiple unit service fee is paid to the regular service collections from the central position for collection, as described in sections 86-112, 86-113 or 86-114,whichever is applicable. (3) The service fee for multiple-unit service shall be charged as long as the city provides appropriate service for the collection of garbage and trash in the city, regardless of whether the trailer park, apartment complex, or other multi-unit dwelling provides on-site an alternative method of garbage and trash disposal. Editor's note—Ord. No. 03-026, § 2, adopted May 27, 2003 will retain Ordinance No. 03-019, except that alternate service will be allowed for Stonegate Manor Apartments since they already had an alternate service, i.e., a trash compactor, prior to the enactment of Ordinance No. 03-019 and that therefore they will not be billed for the city's garbage and trash disposal. e./K rtilrrJ _- bers Holmes, Jones,_ L e'(1 Kinlaw, Y ` ' �r n ni l Mobile Home Repairs r I Marks and Frank. Patio Covers Public Notices • NOES: None. Vinyl Sidings A n d Fencing �- isi Thurman Bartie, Mayor ATTEST: Leveling i !s/Sherri Bellard,City Secretary Pressure Washing Public Notices Painting/Sheetrock Port Arthur News:Apr. 9, 2021 NO.21-26 Mold Removal PUBLIC NOTICE PUBLIC NOTICE GROVES.TX ORDINANCE NO. 21-21 ORDINANCE NO. 21-20 '��. FREE ESTIMATES i Most Jobs One Day An Ordinance AmendingChap- `-.'= Senior Citizen Discount Article An Ordinance Amending Chap- .• : ter 110 (Utilities), Article II ter 86 (Solid Waste), Article IV 409-332-5157 (Water), Division 3 (Services (Fees, Charges And Billing Pro- Charges And Billing), Sections 110-91 (Rate Schedule) And Pro- cedures),), Section 86-112 (Res- ••�'�••;� • 110 92 (Consumers Otside idential Garbage) And Section 86-116 (Multiple Unit Service) City Not Having Special Con- SALAZAR tracts) Of The Code Of Ordi- Of The Code Arthur,Ordinances,Tes, B nances Of The CityOf Port Ar- Increasing asOf Port Thee Texas, o r Increasing Service Rate q thur,As It Pertains To Rates For Of Additional Garbage Can To I. FOtINDATIO. N Residential And Commercial $7.50 Per Month And The Mul- Customers, And Providing For tiple Service Fee For Trailer House, Residence Or Commer- REPAIR Publication s ' , Roofing C Home READ, ADOPTED AND AP- cial Premises To $15.05 Per ,,,.:,_ Month; And Providing For An Leveling PROVED on this the 30th day Effective Date Of May 1, 2021 ir, .,.„. SEWER PIPE of March, 2021 at a Regular a��u Meeting of the City Council of READ. ADOPTED AND AP- - TUNNELING the City of Port Arthur,Texas, by ( PROVED on this the 30th day 409-736 6650 the following vote: of March, 2021 at a Regular - - AYES: Mayor Bartie, Mayor Pro Meeting o the City , Texas. y 832 425 1660 Tern Moses; Councilmembers the City of Port Arthur, Texas. by Licensed&Insured the following vote: "Yo Holmes, Jones, Kinlaw, Marks , Senior Citzen Discount and Frank. AYES: Mayor Bartie, Mayor 1 Pro Tern Moses; Councilmem- A+ High-Si NOES. None. bers Holmes, Jones, Kinlaw, -,f . _ ''Marks and Frank. here BBB isi Thurman Bartie, Mayor NOES: None. rating i ATTEST: `- i is/Sherri Bellard ,City Secretary /s/Thurman Bartie, Mayor ..__.�. Port Arthur News:Apr. 9, 2021 ATTEST: NO.21-21 !s!Sherri Bellard, City Secretary 25 M bpc _ Port Arthur News: Apr. 9, 2021 '-• PUBLIC NOTICE No. 21-20 Downloal c • .. . -J NOTICE OF PUBLIC PUBLIC NOTICE rL HEARING NOTICE OF PUBLIC Speed • The Planning and Zoning Corn- HEARING 25 mbps downloac mission of the City of Port Nech- The Planning and Zoning Corn- and 3 mbps uploac .i, es, Texas deem it to be in the mission of the City of Port Nech- best interest of the citizens of es, Texas deem it to be in the MID-COUNTY HOME i said City to call and hold a Pub- best interest of the citizens of REMODELING lic Hearing for the purpose of said City to call and hold a Pub- considering and receiving pro- lic Hearing for the purpose of I •Room Additions tests, if any are to be heard, on considering and receiving pro- -Complete Remodel the proposition of rezoning the tests, if any are to be heard, on following property from Resi- the proposition of rezoning the •Vinyl Siding •Roofs dential - Single Family (R-SF) following property from Resi- Bonded, BBB to Residential- Duplex (R-D): dential - Single Family (R-SF) Call 409-728-6499 DESCRIPTION to Residential - Duplex (R-D): CALL TO L OF PROPERTY DESCRIPTION �.• OF PROPERTY - t.! N.S. COMPANY TR. 3-A, Replat of South t/z of .. HOUSE LEVELING Lot 3,All Lots 4-6, Block 1. TR. 1-A, Replat of Lots 1 & 2, ,,, -Tree Service Holland Block 2, Holland 1 —isi g •Remodeling i 207 Canal Street & 209 Canal 213 Canal Street &215 Canal •Pressure Washing I Street Street -Painting -Plumbing - HughesNet is a registered trademark of +! -Concrete work rSuch hearing to be held in the Such hearing to be held in the i The Hughes Net GenS service plans are -Foundation repair! City Council Chambers at Port CityCouncil Chambers at Port different speeds at different times of the My Job is my Neches CityHall, 1005 Mer- necwosconfigurationofyaacanputer,thener • ' un Neches City Hall, 1005 Mef- network management practices as deer recommendation , riman. Port Neches, Texas at rimer', Port Neches, Texas at on your ' '. 979-202-2878 prodardintheationa applies to 6:00 p.m. on Monday. May 3. 6:00 p.m. on Monday, May 3, Free nstallatlonapplirsto i 2021. 2021 3.Per the'5th,6th7th and 8th FCC Meai Put your ad here j -Minimumtermrequired.Monthlyserri, 11409.721 2401 "•- Port Arthur News:Apr. 9, 2021 Port Arthur News:Apr. 9. 2021 Hugheshetisa registered vademarkof t ;. PUBLIC HEARING PUBLIC HEARING j • ., : .._ .-,.r, P.O.No.7012 11/02/21 fr Page 1 of 3 ORDINANCE NO. AN ORDINANCE RECONSIDERING P.O. 7001 AMENDING CHAPTER 86 (SOLID WASTE), ARTICLE IV (FEES, CHARGES AND BILLING PROCEDURES), SECTION 86-112 (RESIDENTIAL GARBAGE) AND SECTION 86-114 (COMMERCIAL REFUSE) OF THE CODE OF ORDINANCES,CITY OF PORT ARTHUR,TEXAS, BY INCREASING THE SERVICE RATE OF THE FIRST TOTER BY $2.50 TO $20.50 AS IT PERTAINS TO RATES FOR RESIDENTIAL, CHANGING THE RATE OF THE ADDITIONAL COMMERCIAL CONTAINERS BY REMOVING THE DISCOUNTED PRICE FOR THE SECOND, THIRD, AND FOURTH CONTAINERS, AND PROVIDING FOR PUBLICATION AND PROPOSED 10% COMMERCIAL REFUSE SERVICE FEE INCREASE.(Requested by Mayor Bartie; Mayor Pro Tem Frank; and Councilmember Moses) WHEREAS, on October 26, 2021, the City Council considered proposed P.O. 7001, seeking the approval of adjusting the Residential Toter rate from $18 to $20.50 and adjusting the Commercial Refuse by 10%percent. The agenda item did not pass and failed on 3 to 3 vote. WHEREAS, pursuant to Section 2-31(g) of the Code of Ordinance, reconsideration of an agenda item takes place upon a request to bring back for further consideration a matter previously decided by the City Council; and WHEREAS,the matter can be brought back for reconsideration if requested by three City Councilmembers; WHEREAS, Mayor Thurman Bartie, Mayor Pro Tern Donald Frank Sr., and City Councilmember Moses have requested that the City Council reconsider the item; and WHEREAS,the City Council deems it in the public interest of the City to amend Chapter 86 (Solid Waste) of the Code of Ordinances as it pertains to rates for residential and commercial customers. P.O.No.7012 11/02/21 fr Page 2 of 3 NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Chapter 86(Solid Waste)of the Code of Ordinances of the City of Port Arthur,Texas,is hereby amended as delineated in Exhibit A,with a clean copy attached as Exhibit B. Section 3. All Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict. Section 4. That this being an Ordinance which requires publication, its caption shall be published at least one (1) time within ten (10) days after final passage hereof in the official newspaper of the City of Port Arthur, and this Ordinance shall take effect immediately after the date of publication. Section 5. That a copy of the caption of the Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2021, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman"Bill"Bartie Mayor P.O.No.7012 11/02/21 fr Page 3 of 3 ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Valecia R. Tizeno City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton City Manager loze a C. Roberts Dir ct r of Public ks aotA ) Kandy Darjel Interim Finance Director EXHIBIT A RED-LINED VERSION PART II-CODE OF ORDINANCES Chapter 86-SOLID WASTE ARTICLE IV. FEES,CHARGES AND BILLING PROCEDURE ARTICLE IV. FEES, CHARGES AND BILLING PROCEDURE Sec. 86-111. Carry-out service. There shall be charged and collected from any customer desiring carry-out service either the fee of$24.25 per month for one carry-out garbage collection per week;or,the fee of$28.25 per month for two carry-out garbage collections per week. (Code 1961, § 10-46;Ord. No. 00-56, § 1,9-5-2000;Ord. No. 01-33,§ 1,9-4-2001;Ord. No.06-73, § 1, 9-12-2006; Ord. No.08-86, §1,8-26-2008) Sec. 86-112. Residential garbage. For each residence within the city,there shall be charged and collected the fee of$48-8820.50 per month for the first automated collection can and$7.50 per month for each additional automated collection can. (1) This fee may be paid by the occupant of the residence; however,the owner of the residence shall be responsible for the payment, provided that: a. Where water service to a residence is discontinued by the utility operations department because of vacancy,the fee shall not be charged for the period of time during which the water service is discontinued. b. Where,at the request of the owner,a residence has been certified by the community service department as unfit for human habitation,the fee shall not be charged for the period of time during which the residence is not used as a dwelling because it is, in fact, unfit for human habitation. (2) The payment of this fee entitles one customer to one regular service garbage collection per week. (3) If the average volume of collection exceeds the size of the garbage container(64-gallon or 96-gallon), issued to the customer,the customer will be required to go to the 96-gallon or obtain an additional 64- gallon or 96-gallon size garbage container to adequately serve the customer's needs. For each additional container used the customer will be charged an additional$2.00 per month.The average volume shall be checked (and corrected if necessary) by the superintendent at regular intervals. (Code 1961,§ 10-47;Ord. No.00-56, § 2,9-5-2000; Ord. No.01-33, § 2,9-4-2001; Ord. No.06-73, §2,9-12-2006; Ord. No.08-86, §2, 8-26-2008;Ord. No. 14-43, §2,9-29-2014;Ord. No. 21-20, § 1(Exh.A),3-30-2021) Sec. 86-113. Residential rubbish. A fee of$1.75 per month will be charged for regular service trash collection from a residence;each customer paying the fee for regular service garbage collection shall be entitled to one regular service trash collection each two weeks. (Code 1961, § 10-48; Ord. No. 20-66, §2(Exh.A),8-4-2020) Port Arthur,Texas,Code of Ordinances Created: 2021-07-10 09:13:12 [EST] (Supp. No.40) Page 1 of 5 Sec. 86-114. Commercial refuse. (a) Regular service. (1) Commercial premises(excluded from this rate charge are multiple dwelling complexes such as trailer parks and apartment units)will receive sanitation container system service for removal of trash and garbage under the rates hereinafter set forth, as routes for such services are established by the city.All institutions, on-hand service,will be required to change to container service when the solid waste superintendent shall deem necessary and the containers are made available by the solid waste department. Under this system,the city will furnish containers of proper size for ample storage between collections.Charges will be made for the service according to the size of the container and the number of weekly pickups as follows: PROPOSED Commercial Refuse-Regular Service Fees Container Pickups 2018 2019 2020 2021 Extra Size Per Year Year Year 10% pick Cubic Week One Two Three Increase up Yards 33% 33% 34% Increase Increase Increase 2 1 $ 62.73 $ 76.32 $ 90.31 $ 99.34 $45.00 2 2 $116.16 $134.00 $152.39 $167.63 $45.00 2 3 $160.96 $187.32 $214.47 $235.92 $45.00 2 4 $261.03 $287.13 $45.00 2 5 $307.59 $338.35 $45.00 2 6 $306.51 $352.91 $400.71 $440.78 $45.00 4 1 $ 76.09 $ 88.65 $101.59 $111.75 $60.00 4 2 $142.86 $158.67 $174.96 $192.46 $60.00 4 3 $203.55 $225.61 $248.33 $273.16 $60.00 4 4 $321.70 $353.87 $60.00 4 5 $337.10 $365.65 $395.07 $434.58 $60.00 4 6 $387.66 $427.45 $468.44 $515.28 $60.00 8 1 $108.54 $121.80 $135.45 $149.00 $95.00 8 2 $202.19 $213.80 $225.76 $248.34 $95.00 8 3 $291.77 $303.74 $316.06 $347.67 $95.00 8 4 $389.47 $397.80 $406.37 $447.01 $95.00 8 5 $479.07 $487.74 $496.68 $546.35 $95.00 8 6 $551.43 $568.94 $586.99 $645.69 $95.00 (2) Any commercial premises being serviced by the container commercial system service that shall require an additional container shall be furnished such container for an additional charge,the rate of which shall be_59-perc-ent-ol--tf3e-e+-i-g-i-na-l-container service same cost for original containers.The size and number as well as the location of all containers,shall be determined by the supervisor of sanitation. (3) When one or more containers will adequately serve several adjacent commercial premises,then they shall be required to use the same containers and pay a pro rata part of the charge, determined by the Created: 2021-07-10 09:13:12 [EST] (Supp.No.40) Page 2 of 5 approximate quantity of space used, but in no event shall the pro rata share of an individual user of such container be charged less than$16.50 per month. (4) It shall be unlawful for any person,other than the owner,occupant or employees of the premises for which the container has been furnished or the duly authorized employees of the city,to handle, use or disturb the container or to handle or disturb the contents. (5) It shall be unlawful to burn any material in a commercial container furnished by the city or mark upon or place posters and signs upon the commercial container. (6) It shall be unlawful for any person to cause or permit the violation of any of the following regulations: a. Vehicle parking shall not be permitted near the container that will interfere with service on collection days. b. Areas adjacent to the container shall be kept neat and clean. c. Bulk refuse,such as large cartons and boxes,shall be broken down before being placed in the container. d. All refuse must be placed in the container. e. Lids and end doors of all containers shall be kept closed at all times except when the container is being filled. f. No large, heavy objects such as concrete, automotive engines,transmissions, appliances, furniture, long pieces of wood or metal, and the like shall be placed in the containers, but rather at the side of such container for collection. (7) For each commercial premises not receiving sanitation container system service, there shall be charged and collected a minimum fee of$18.00 per month,which shall entitle one customer to one regular service refuse collections per week for one residential container, plus an additional fee for each additional container as set out in section 86-112 and to the limit on number of containers set out in section 86-38. The average volume shall be checked (and corrected if necessary)by the superintendent at regular intervals. (8) The service fees may be paid by the occupant of the commercial premises. However,the owner of the commercial premises is ultimately responsible for the payment; provided, however,that where water service to a commercial premises is discontinued by the utility operation department because of vacancy,the minimum fee set forth in subsection (7)of this section shall not be charged for the period of time during which the water service is discontinued. (9) Extra container fee:commercial account holders who request extra containers will be charged a fee of $100.00 per month for each extra container. (b) Drive-on service. A drive-on service fee will not be charged in addition to the regular service fee to a customer who desires to have city collectors drive city trucks on his commercial premises to make regular service refuse collections. Before drive-on service is rendered,the customer shall execute and file with the superintendent the contract for refuse collection service which form is set out in section 86-78. (c) Enclosure services. A customer,who desires to have city collectors open and close the container enclosure gates or doors,will be charged at a rate of$10.00 per weekly pickup, per month. Before this service is rendered,the customer shall execute and file with the superintendent the contract for refuse collection service which form is set out in section 86-78. (Code 1961,§§ 10-49, 10-50; Ord. No.00-56, §§3-5,9-5-2000;Ord. No.00-60, § 2, 10-3-2000;Ord. No.01-33,§ 3,9-4-2001;Ord. No.06-73, §3,9-12-2006; Ord. No.08-86, §§3-5,8-26-2008; Ord. No. 16-09,§ 1, 1-26-2016; Ord. No. 17-26, § 1(Exh.A),8-15-2017;Ord. No. 20-66, §§2-4(Exh.A),8-4-2020) Created: 2021-07-10 09:13:12 [EST] (Supp.No.40) Page 3 of 5 Sec. 86-115. Special service. (a) Under the situations described in this section, refuse shall be removed as a special service upon proper application being made in writing.The fee charged for special service shall be equal to the city's actual cost in rendering the service. (b) Situations requiring special service are that a customer desires to have refuse collected for whatever reason outside of his regularly scheduled collection time. (c) The city will not charge for the receipt of trash or debris at the city's landfill on a showing to the city manager or his designee,that such trash or debris may be trash or debris that has possibly originated from another city landfill site, and wherein the person picking up and transferring the trash and debris will fully comply with local,state, and federal laws. (Code 1961, § 10-51; Ord. No.08-17, §2, 1-29-2008 Sec. 86-116. Multiple unit service. For each trailer park, apartment complex or other multiple unit dwellings within the city that are serviced by commercial container service,there shall be charged and collected a multiple unit service fee as follows, provided that the following conditions are met.The multiple unit service fee shall be determined as follows: (1) The multiple unit service fee for a trailer park shall be$15.05 per house trailer space at 80 percent capacity.The payment of this fee shall entitle each house trailer at the trailer park during the month to two regular service refuse collections per week at the central position for collection,each collection not to exceed 30 gallons, except when collection is provided independently to each trailer unit. (2) Except for trailer parks,the multiple unit service fee shall be$15.05 for each residence or commercial premises receiving water service.The payment of this fee shall entitle each unit for which the multiple unit service fee is paid to the regular service collections from the central position for collection,as described in sections 86-112,86-113 or 86-114,whichever is applicable. (3) The service fee for multiple-unit service shall be charged as long as the city provides appropriate service for the collection of garbage and trash in the city, regardless of whether the trailer park, apartment complex,or other multi-unit dwelling provides on-site an alternative method of garbage and trash disposal. (Code 1961, § 10-52;Ord. No.00-56, §6,9-5-2000;Ord. No.01-33,§4,9-4-2001;Ord. No.03-019, §2,4-15-2003; Ord. No.03-026, §2,5-27-2003;Ord. No.06-73, §4,9-12-2006;Ord. No. 21-20, § 1(Exh.A),3-30-2021) Editor's notes)—Ord. No.03-026, §2,adopted May 27, 2003 will retain Ordinance No.03-019, except that alternate service will be allowed for Stonegate Manor Apartments since they already had an alternate service, i.e.,a trash compactor, prior to the enactment of Ordinance No.03-019 and that therefore they will not be billed for the city's garbage and trash disposal. Sec. 86-117. Billing. (a) Generally. Fees for all refuse collections shall be billed by listing them as a separate item on the water bill of the customer.Any customer who is not billed for water shall be billed for his refuse collection fees monthly in advance by the department of utility operations. Fees for refuse collections shall be due and payable when the water bill is due. Nonpayment of the refuse collection fee shall be sufficient grounds for discontinuance of city water service.All charges and fees for refuse collections will be due and payable within 25 days after the bill is rendered as is printed on the face of the bill forwarded to the consumer.All bills shall be Created: 2021-07-10 09:13:12 [EST] (Supp. No.40) Page 4 of 5 considered rendered when sent to the consumer by the accounting and collecting division of the utility operations department in ordinary mail or personally left at the address of consumer,and the failure of the consumer to receive any such bill shall in no way relieve the consumer of the duty and necessity of paying for solid waste service furnished by the city to such person.All charges and bills not paid within 25 days will be delinquent, and a late charge rate of ten percent will be added to the delinquent amount.A notice of delinquency will be issued at the end of the second day past the due date. Unpaid bills will be cut ten days after rendering of the delinquency notice as printed on the face of the notice. It shall be the duty of the utility operations department to discontinue the solid waste collection service and refuse further service to such person until such charges are paid in full or other acceptable payment arrangements made.Service shall not be reinstated until the delinquent bill and charges have been paid or other payment arrangements made and then upon the written application of the consumer.Consumers may request a hearing with the utility office manager prior to service being discontinued. (b) Special service. Fees for special service shall be paid by the tenth day of the next month following receipt of an invoice from the city.A handling charge of$2.00 shall be added to an overdue invoice,and the total amount of the overdue invoice shall be added as a separate item on the water bill of the customer securing the special service.Any person who is not a customer of the city shall pay cash in advance for special service. In order to assist the citizens of Port Arthur that have been affected by Hurricane Ike,the city waives all late fees on delinquent utility accounts for one complete billing cycle.This section will apply to fees that would have accrued from September 22 through October 31, 2008. (Code 1961, §§ 10-53, 10-54;Ord. No.08-107, § 1, 10-7-2008) Created: 2021-07-10 09:13:12 [ESTI (Supp.No.40) Page 5 of 5 EXHIBIT B CLEAN VERSION PART II-CODE OF ORDINANCES Chapter 86-SOLID WASTE ARTICLE IV. FEES,CHARGES AND BILLING PROCEDURE ARTICLE IV. FEES, CHARGES AND BILLING PROCEDURE Sec. 86-111. Carry-out service. There shall be charged and collected from any customer desiring carry-out service either the fee of$24.25 per month for one carry-out garbage collection per week;or,the fee of$28.25 per month for two carry-out garbage collections per week. (Code 1961, § 10-46; Ord. No.00-56, § 1,9-5-2000; Ord. No.01-33,§ 1,9-4-2001;Ord. No.06-73, § 1,9-12-2006; Ord. No. 08-86, § 1,8-26-2008) Sec. 86-112. Residential garbage. For each residence within the city,there shall be charged and collected the fee of$20.50 per month for the first automated collection can and$7.50 per month for each additional automated collection can. (1) This fee may be paid by the occupant of the residence;however,the owner of the residence shall be responsible for the payment, provided that: a. Where water service to a residence is discontinued by the utility operations department because of vacancy,the fee shall not be charged for the period of time during which the water service is discontinued. b. Where,at the request of the owner,a residence has been certified by the community service department as unfit for human habitation,the fee shall not be charged for the period of time during which the residence is not used as a dwelling because it is, in fact, unfit for human habitation. (2) The payment of this fee entitles one customer to one regular service garbage collection per week. (3) If the average volume of collection exceeds the size of the garbage container(64-gallon or 96-gallon), issued to the customer,the customer will be required to go to the 96-gallon or obtain an additional 64- gallon or 96-gallon size garbage container to adequately serve the customer's needs. For each additional container used the customer will be charged an additional $2.00 per month.The average volume shall be checked (and corrected if necessary)by the superintendent at regular intervals. (Code 1961, § 10-47;Ord. No.00-56, §2,9-5-2000;Ord. No.01-33, §2,9-4-2001;Ord. No.06-73,§ 2,9-12-2006; Ord. No. 08-86,§2,8-26-2008;Ord. No. 14-43,§2,9-29-2014;Ord. No. 21-20, § 1(Exh.A), 3-30-2021) Sec. 86-113. Residential rubbish. A fee of$1.75 per month will be charged for regular service trash collection from a residence;each customer paying the fee for regular service garbage collection shall be entitled to one regular service trash collection each two weeks. (Code 1961, § 10-48;Ord. No. 20-66,§ 2(Exh.A),8-4-2020) Port Arthur,Texas,Code of Ordinances Created: 2021-07-10 09:13:12 [EST] (Supp. No.40) Page 1 of 5 Sec. 86-114. Commercial refuse. (a) Regular service. (1) Commercial premises(excluded from this rate charge are multiple dwelling complexes such as trailer parks and apartment units)will receive sanitation container system service for removal of trash and garbage under the rates hereinafter set forth,as routes for such services are established by the city.All institutions, on-hand service,will be required to change to container service when the solid waste superintendent shall deem necessary and the containers are made available by the solid waste department. Under this system,the city will furnish containers of proper size for ample storage between collections.Charges will be made for the service according to the size of the container and the number of weekly pickups as follows: PROPOSED Commercial Refuse-Regular Service Fees Container Pickups FY 2020 FY2021-22 Extra Size Per Year 10% pick Cubic Week Increase up Yards 2 1 $ 90.31 $ 99.34 $45.00 2 2 $152.39 $167.63 $45.00 2 3 $214.47 $235.92 $45.00 2 4 $261.03 $287.13 $45.00 v 2 5 $307.59 $338.35 $45.00 2 6 $400.71 $440.78 $45.00 4 1 $101.59 $111.75 $60.00 4 2 $174.96 $192.46 $60.00 4 3 $248.33 $273.16 $60.00 4 4 $321.70 $353.87 $60.00 4 5 $395.07 $434.58 $60.00 4 6 $468.44 $515.28 $60.00 8 1 $135.45 $149.00 $95.00 8 2 $225.76 $248.34 $95.00 8 3 $316.06 $347.67 $95.00 8 4 $406.37 $447.01 $95.00 8 5 $496.68 $546.35 $95.00 8 6 $586.99 $645.69 $95.00 (2) Any commercial premises being serviced by the container commercial system service that shall require an additional container shall be furnished such container for an additional charge,the rate of which shall be same cost for original containers.The size and number as well as the location of all containers, shall be determined by the supervisor of sanitation. (3) When one or more containers will adequately serve several adjacent commercial premises,then they shall be required to use the same containers and pay a pro rata part of the charge,determined by the approximate quantity of space used, but in no event shall the pro rata share of an individual user of such container be charged less than$16.50 per month. Created: 2021-07-10 09:13:12 [EST] (Supp.No.40) Page 2 of 5 (4) It shall be unlawful for any person,other than the owner,occupant or employees of the premises for which the container has been furnished or the duly authorized employees of the city,to handle, use or disturb the container or to handle or disturb the contents. (5) It shall be unlawful to burn any material in a commercial container furnished by the city or mark upon or place posters and signs upon the commercial container. (6) It shall be unlawful for any person to cause or permit the violation of any of the following regulations: a. Vehicle parking shall not be permitted near the container that will interfere with service on collection days. b. Areas adjacent to the container shall be kept neat and clean. c. Bulk refuse, such as large cartons and boxes,shall be broken down before being placed in the container. d. All refuse must be placed in the container. e. Lids and end doors of all containers shall be kept closed at all times except when the container is being filled. f. No large, heavy objects such as concrete, automotive engines,transmissions,appliances, furniture, long pieces of wood or metal,and the like shall be placed in the containers, but rather at the side of such container for collection. (7) For each commercial premises not receiving sanitation container system service,there shall be charged and collected a minimum fee of$18.00 per month,which shall entitle one customer to one regular service refuse collections per week for one residential container, plus an additional fee for each additional container as set out in section 86-112 and to the limit on number of containers set out in section 86-38.The average volume shall be checked (and corrected if necessary) by the superintendent at regular intervals. (8) The service fees may be paid by the occupant of the commercial premises. However,the owner of the commercial premises is ultimately responsible for the payment;provided, however,that where water service to a commercial premises is discontinued by the utility operation department because of vacancy,the minimum fee set forth in subsection(7)of this section shall not be charged for the period of time during which the water service is discontinued. (9) Extra container fee:commercial account holders who request extra containers will be charged a fee of $100.00 per month for each extra container. (b) Drive-on service. A drive-on service fee will not be charged in addition to the regular service fee to a customer who desires to have city collectors drive city trucks on his commercial premises to make regular service refuse collections. Before drive-on service is rendered,the customer shall execute and file with the superintendent the contract for refuse collection service which form is set out in section 86-78. (c) Enclosure services. A customer,who desires to have city collectors open and close the container enclosure gates or doors,will be charged at a rate of$10.00 per weekly pickup, per month. Before this service is rendered,the customer shall execute and file with the superintendent the contract for refuse collection service which form is set out in section 86-78. (Code 1961,§§ 10-49, 10-50; Ord. No.00-56,§§3-5,9-5-2000;Ord. No.00-60, §2, 10-3-2000;Ord. No.01-33, § 3,9-4-2001;Ord. No.06-73, §3,9-12-2006; Ord. No.08-86, §§3-5,8-26-2008;Ord. No. 16-09,§ 1, 1-26-2016; Ord. No. 17-26, § 1(Exh.A),8-15-2017;Ord. No.20-66, §§2-4(Exh.A), 8-4-2020) Created: 2021-07-10 09:13:12 [EST] (Supp.No.40) Page 3 of 5 Sec. 86-115. Special service. (a) Under the situations described in this section, refuse shall be removed as a special service upon proper application being made in writing.The fee charged for special service shall be equal to the city's actual cost in rendering the service. (b) Situations requiring special service are that a customer desires to have refuse collected for whatever reason outside of his regularly scheduled collection time. (c) The city will not charge for the receipt of trash or debris at the city's landfill on a showing to the city manager or his designee,that such trash or debris may be trash or debris that has possibly originated from another city landfill site,and wherein the person picking up and transferring the trash and debris will fully comply with local,state, and federal laws. (Code 1961, § 10-51;Ord. No.08-17, §2, 1-29-2008 Sec. 86-116. Multiple unit service. For each trailer park,apartment complex or other multiple unit dwellings within the city that are serviced by commercial container service,there shall be charged and collected a multiple unit service fee as follows, provided that the following conditions are met.The multiple unit service fee shall be determined as follows: (1) The multiple unit service fee for a trailer park shall be$15.05 per house trailer space at 80 percent capacity.The payment of this fee shall entitle each house trailer at the trailer park during the month to two regular service refuse collections per week at the central position for collection,each collection not to exceed 30 gallons, except when collection is provided independently to each trailer unit. (2) Except for trailer parks,the multiple unit service fee shall be$15.05 for each residence or commercial premises receiving water service.The payment of this fee shall entitle each unit for which the multiple unit service fee is paid to the regular service collections from the central position for collection,as described in sections 86-112, 86-113 or 86-114,whichever is applicable. (3) The service fee for multiple-unit service shall be charged as long as the city provides appropriate service for the collection of garbage and trash in the city, regardless of whether the trailer park, apartment complex,or other multi-unit dwelling provides on-site an alternative method of garbage and trash disposal. (Code 1961, § 10-52;Ord. No.00-56, §6,9-5-2000;Ord. No.01-33, §4,9-4-2001;Ord. No.03-019,§ 2,4-15-2003; Ord. No. 03-026, §2,5-27-2003;Ord. No. 06-73,§4,9-12-2006;Ord. No.21-20, § 1(Exh.A),3-30-2021) Editor's note(s)—Ord. No.03-026, §2,adopted May 27, 2003 will retain Ordinance No.03-019, except that alternate service will be allowed for Stonegate Manor Apartments since they already had an alternate service, i.e.,a trash compactor, prior to the enactment of Ordinance No.03-019 and that therefore they will not be billed for the city's garbage and trash disposal. Sec. 86-117. Billing. (a) Generally. Fees for all refuse collections shall be billed by listing them as a separate item on the water bill of the customer.Any customer who is not billed for water shall be billed for his refuse collection fees monthly in advance by the department of utility operations. Fees for refuse collections shall be due and payable when the water bill is due. Nonpayment of the refuse collection fee shall be sufficient grounds for discontinuance of city water service.All charges and fees for refuse collections will be due and payable within 25 days after the bill is rendered as is printed on the face of the bill forwarded to the consumer.All bills shall be Created: 2021-07-10 09:13:12 [EST] (Supp.No.40) Page 4 of 5 considered rendered when sent to the consumer by the accounting and collecting division of the utility operations department in ordinary mail or personally left at the address of consumer, and the failure of the consumer to receive any such bill shall in no way relieve the consumer of the duty and necessity of paying for solid waste service furnished by the city to such person.All charges and bills not paid within 25 days will be delinquent, and a late charge rate of ten percent will be added to the delinquent amount.A notice of delinquency will be issued at the end of the second day past the due date. Unpaid bills will be cut ten days after rendering of the delinquency notice as printed on the face of the notice. It shall be the duty of the utility operations department to discontinue the solid waste collection service and refuse further service to such person until such charges are paid in full or other acceptable payment arrangements made.Service shall not be reinstated until the delinquent bill and charges have been paid or other payment arrangements made and then upon the written application of the consumer.Consumers may request a hearing with the utility office manager prior to service being discontinued. (b) Special service. Fees for special service shall be paid by the tenth day of the next month following receipt of an invoice from the city.A handling charge of$2.00 shall be added to an overdue invoice,and the total amount of the overdue invoice shall be added as a separate item on the water bill of the customer securing the special service.Any person who is not a customer of the city shall pay cash in advance for special service. In order to assist the citizens of Port Arthur that have been affected by Hurricane Ike,the city waives all late fees on delinquent utility accounts for one complete billing cycle.This section will apply to fees that would have accrued from September 22 through October 31, 2008. (Code 1961, §§ 10-53, 10-54;Ord. No.08-107, § 1, 10-7-2008) Created: 2021-07-10 09:13:12 [EST] (Supp. No.40) Page 5 of 5