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HomeMy WebLinkAboutPO 7078: ADJUSTMENT OF THE REFUSE RATE rs • or! rth«r INTEROFFICE MEMORANDUM Date: June 24, 2022 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager 49 From: Flozelle Roberts, Public Works Directo ) ' RE: PO No. 7078 —Adjustment of the Re se Rate from Tonnage to Volume, Change of the Rate for Tree Limbs/Brush, and Addition of a Rate for the Scale Introduction: The intent of this Agenda Item is to amend the refuse disposal rate from tonnage to volume, changing the rate for tree limbs/brush and adding a rate for the scale. The volume rates are the best factor for Landfill usage and the scale will be used for commercial vehicles as shown in Section 86-79 (i). The updated rate tables will be posted on the City's website, http://www.p o rtarth urt x.go v/. Background: The volume rates are the best factor for Landfill usage and the scale will be used for commercial vehicles as shown in Section 86-79 (i). Budget Impact: The updated rate tables will be posted on the City's website, http://www.portarthurtx.gov/. Recommendation: It is recommended that council approve Proposed Ordinance No. 7078, authorizing the refuse rate adjustment, changing the rate for tree limbs/brush and adding the rate for the scale, as described/outlined above. "Remember, we are here to serve the Citizens of Port Arthur" PO No. 7078 6/24/22 bw Page 1 of 3 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 86 SOLID WASTE, ARTICLE III REFUSE,SECTION 86-79 WHO MAY COLLECT AND DISPOSE OF REFUSE, AS TO AMEND THE RATE SCHEDULE FOR THE LANDFILL FROM TONNAGE TO VOLUME, CHANGE THE RATE FOR TREE LIMBS/BRUSH, ADD A RATE FOR THE SCALE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council deems it in the best interest of the citizens of the City of Port Arthur to amend the Rate Schedule for Landfill usage, change the rate for tree limbs/brush and add a rate for the scale;thereto: 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 Section 86-79(d)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 All Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict.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. PO No. 7078 6/24/22 bw Page 2 of 3 READ, ADOPTED AND APPROVED on this day of , A.D., 2022, 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 ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Valecia R. Tizeno City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton City Manager PO No. 7078 6/24/22 bw Page 3 of 3 lone obert Pub c orks i ctor Kandy Daniel Interim Finance Director EXHIBIT "A" RED-LINED VERSION Sec.86-79.Who may collect and dispose of refuse/security deposits. (a) All refuse accumulated within the city shall be collected,transported and disposed of only by the city,and no person or commercial haulers shall collect or transport refuse over any streets of the city or dispose of any refuse except where engaged in or providing a type of service not provided by the city. (b) The actual producer of refuse,or the owner of the premises where the refuse is produced(or the agent of either person),may collect,transport,and dispose of such refuse at the city's landfill.Any commercial or industrial establishment(or their agent)or any federal,state,or local entity producing refuse may collect, transport,and dispose of such refuse at the city's landfill.Such producer,owner,or agent which disposes of such refuse at the city's landfill on an intermittent schedule shall be required to pay a fee in accordance with the rate schedule shown in this section. (c) Any person duly authorized to engage in the commercial hauling of refuse on a regular schedule must make contractual arrangements in accordance with the contract form set forth in Exhibit"B",attached to[the ordinance from which this section is derived]and made a part of this section,before depositing any refuse at the city's landfill.Such contract shall provide for monthly payments in accordance with such rate schedule, shall further provide for a security deposit in advance in the minimum amount of$2,500.00,or such other amount as determined by the city manager or his designee,and based on the proposed usage of the landfill and the payment history of the hauler,to be held to secure any proposed delinquent charges.The business entity shall also file a DBA certificate,articles of incorporation,and/or partnership agreement to show its structure and its registered agent.Further,all such producers,owners,and agents shall comply with the provisions of this chapter and with any other applicable statutes and ordinances. (d) When a customer applies for service,he/she must also submit a security deposit in one of the following forms: (1) Cash; (2) Guaranty bond; (3) Letter of credit drawn on a state or federally charters lending institution. (e) The director of utility services,with the written consent of the city manager,may refuse or discontinue service if a person fails to: (1) Make a required security deposit with his application;or (2) Increase the amount of his security deposit after being notified that an increase is required. (f) Any non-cash security deposit must be submitted in a form provided by the director of utility services and in a form approved by city attorney. (g) The director of utility services shall keep accurate records of all security deposits,including,but not limited to,the depositor's name,amounts deposited,and separate accounts of all security deposits. (hl Waste Type Cost Per Unit • Formatted:Centered Compacted Waste $6.50 per cubic yard Non-Compacted Waste $6.50 per cubic yard Appliances _ $3.00 each Whole Tires $6.00 each Tree limbs/Brush 6.50 per cubic yard Formatted:Strikethrough Pull Off Load With Dozer $5.00 per load created: 2022-06-1S 10,34:20[EST] (Supp.No.42) Page 1 of 2 Heavy Users(As Negotiated by the City Manager) Within the City Manager's Discretion$5.00 per cubic yard minimum (i)Scales-$12.50 first weigh and re-weigh$3.00 • Formatted:Indent First line: 0" (il Special Waste-$42.00 per ton (k)Municipal Waste$5.50 •--- """ Formatted:Strikethrough Waste-'Tape Cost Per Unit • Formatted:Centered ie�"t Wa"R $32.00 per ton „„ Formatted:Strikethrough beeliances 3.00 h [Formatted:Strikethrough Whole Tires 6.00 each Formatted:Strikethrough Tree 3.00 per cubic yard 00 per load Formatted:Strikethrough I Iscr Within the r;«.nn�..�",..ice Discr.tion$5 nn., eat-�.-t Formatted:Strikethrough ubic... um Formatted:Strikethrough Formatted:Strikethrough (Code 1961,§10-12;Ord.No.00-60,§2,10-3-2000;Ord.No.05-20,§§4,5,3-15-2005;Ord.No.05-76,§2,10-11- 2005;Ord.No.06-44,§2,7-5-2006;Ord.No.06-55,§2,7-18-2006;Ord.No.06-62,§2,8-15-2006;Ord.No.12-26 ,§2,4-3-2012;Ord.No.16-05,§2,1-12-2016;Ord.No.17-34,Exh.A,9-12-2017;Ord.No.18-74,§2(Exh.A),12- 18-2018) Created:2622-06-15 10:14:20[EST] (Supp.No.42) Page 2 of 2 EXHIBIT "B" CLEAN VERSION Sec. 86-79. Who may collect and dispose of refuse/security deposits. (a) All refuse accumulated within the city shall be collected,transported and disposed of only by the city,and no person or commercial haulers shall collect or transport refuse over any streets of the city or dispose of any refuse except where engaged in or providing a type of service not provided by the city. (b) The actual producer of refuse,or the owner of the premises where the refuse is produced (or the agent of either person), may collect,transport,and dispose of such refuse at the city's landfill.Any commercial or industrial establishment(or their agent)or any federal,state,or local entity producing refuse may collect, transport,and dispose of such refuse at the city's landfill.Such producer,owner,or agent which disposes of such refuse at the city's landfill on an intermittent schedule shall be required to pay a fee in accordance with the rate schedule shown in this section. (c) Any person duly authorized to engage in the commercial hauling of refuse on a regular schedule must make contractual arrangements in accordance with the contract form set forth in Exhibit"B",attached to [the ordinance from which this section is derived]and made a part of this section, before depositing any refuse at the city's landfill.Such contract shall provide for monthly payments in accordance with such rate schedule, shall further provide for a security deposit in advance in the minimum amount of$2,500.00,or such other amount as determined by the city manager or his designee,and based on the proposed usage of the landfill and the payment history of the hauler,to be held to secure any proposed delinquent charges.The business entity shall also file a DBA certificate,articles of incorporation,and/or partnership agreement to show its structure and its registered agent. Further,all such producers,owners,and agents shall comply with the provisions of this chapter and with any other applicable statutes and ordinances. (d) When a customer applies for service, he/she must also submit a security deposit in one of the following forms: (1) Cash; (2) Guaranty bond; (3) Letter of credit drawn on a state or federally charters lending institution. (e) The director of utility services,with the written consent of the city manager, may refuse or discontinue service if a person fails to: (1) Make a required security deposit with his application;or (2) Increase the amount of his security deposit after being notified that an increase is required. (f) Any non-cash security deposit must be submitted in a form provided by the director of utility services and in a form approved by city attorney. (g) The director of utility services shall keep accurate records of all security deposits,including, but not limited to,the depositor's name,amounts deposited, and separate accounts of all security deposits. (h) Waste Type Cost Per Unit Compacted Waste $6.50 per cubic yard Non-Compacted Waste $6.50 per cubic yard Appliances $3.00 each Whole Tires $6.00 each Tree limbs/Brush $6.50 per cubic yard Pull Off Load With Dozer $5.00 per load Created: 2022-06-15 10:34:20 [EST] (Supp.No.42) Page 1 of 2 Heavy Users(As Negotiated by the City Manager) Within the City Manager's Discretion$5.00 per cubic yard minimum (i) Scales-$12.50 first weigh and re-weigh$3.00 (j)Special Waste-$42.00 per ton (k) Municipal Waste$5.50 (Code 1961,§ 10-12;Ord. No.00-60, §2, 10-3-2000;Ord. No.05-20,§§4,5,3-15-2005;Ord. No.05-76, §2, 10-11- 2005;Ord. No.06-44, §2,7-5-2006;Ord. No.06-55,§2,7-18-2006;Ord. No.06-62, §2,8-15-2006;Ord. No. 12-26 ,§2,4-3-2012;Ord. No. 16-05,§2, 1-12-2016;Ord. No. 17-34, Exh.A,9-12-2017;Ord. No. 18-74,§2(Exh.A), 12- 18-2018) Created: 2022-06-15 10:34:20 [EST] (Supp.No.42) Page 2 of 2