HomeMy WebLinkAboutPO 7133: ADJUSTMEN OF THE REFUSE RATE ADJUSTIONG THE HEAVY USER RATE AND SPECIAL WASTE RATE /r1
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INTEROFFICE MEMORANDUM
Date: March 6, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Flozelle Roberts, Public Works Director
RE: PO No. 7133 —Adjustment of the Refuse Rate Adjusting the Heavy User Rate
and Special Waste Rate
Introduction:
The intent of this Agenda Item is to amend the Heavy User Rate and the Special Waste Rate.
The updated rate tables will be posted on the City's website, http://www.portarthurtx.gov/,
shown in Section 86-79 (h).
Background:
The intent of this Agenda Item is to amend the Heavy User Rate and the Special Waste Rate as
shown in Section 86-79 (h).
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. 7133, authorizing the
amendment of the Heavy User Rate and the Special Waste Rate, as described/outlined above.
"Remember, we are here to serve the Citizens of Port Arthur"
PO No. 7133
3/6/23 bw
Page 1 of 3
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 86 SOLID WASTE,
ARTICLE III REFUSE, SECTION 86-79(H) AS IT PERTAINS TO
THE RATE FOR HEAVY USERS AND SPECIAL WASTE RATE
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 Heavy Users and Special Waste Rate.
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(h)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hereby repealed to the extent of the conflict.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., 2023,
at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor:
PO No. 7133
3/6/23 bw
Page 2 of 3
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. 7133
3/6/23 bw
Page 3 of 3
0 oberts
Public rks Dire or
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Kandy Daniel y
Finance Director
EXHIBIT "A"
RED-LINED VERSION
of refuse/security .
Sec. 86 79. Who may collect and dispose deposits.
p
(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) Rate schedule.
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 $5.00 per load
with dozer
Created: 2022-09-13 10:30:03 [EST]
(Supp.No.43)
Page 1 of 2
Heavy users under 200,000 cubic yard Within the city manager's discretion
(as negotiated by $5.00 per cubic yard minimum
the city manager)
Heavy users 200,000 cubic yards or more per year; $3.00 per cubic yard minimum
(If the 200,000 cubic yards per year minimum is not
met,the contractor will be billed the$5 per cubic,yard
rate for total volume received at the landfill under the
200,000 cubic yards per year)
Scales $12.50 first weigh
and re-weigh$3.00
Special waste $4228.00 per-enper cubic yard
Special waste for business located inside the city limits $13.00 per cubic yard
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;Ord. No. 22-48, §2(Exh.A), 7-5-2022)
Created: 2022-09-13 10:30:03 [EST]
(Supp.No.43)
Page 2 of 2
EXHIBIT "B"
CLEAN COPY
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) Rate schedule.
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 $5.00 per load
with dozer
Created: 2022-09-13 10:30:03 [EST]
(Supp.No.43)
Page 1of2
Heavy users under 200,000 cubic yard Within the city manager's discretion
(as negotiated by $5.00 per cubic yard minimum
the city manager)
Heavy users 200,000 cubic yards or more per year; $3.00 per cubic yard minimum
(If the 200,000 cubic yards per year minimum is not
met,the contractor will be billed the$5 per cubic yard
rate for total volume received at the landfill under the
200,000 cubic yards per year)
Scales $12.50 first weigh
and re-weigh$3.00
Special waste $28.00 per cubic yard
Special waste for business located inside the city limits $13.00 per cubic yard
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;Ord. No. 22-48, §2(Exh.A), 7-5-2022)
•
Created: 2022-09-13 10:30:03 [EST]
(Supp.No.43)
Page 2 of 2