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HomeMy WebLinkAboutOrdinance 2688 ORDINANCE NO. 2688 AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS CODE OF ORDINANCES, AMENDING REGULATIONS PERTAINING TO SOLID WASTE AND RESIDENTIAL CONSTRUCTION REFUSE AND SANITATION; ESTABLISHING RATES FOR SOLID WASTE AND RECYCLING COLLECTION SERVICE IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY, FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council contracts for garbage and waste collection and disposal and for recycling service which contract contemplates the City providing billing services and the City desires to establish a formula for rates which includes an amount sufficient to provide adequate revenue to pay the contractor its charges plus franchise fees, and to compensate the City for its billing services and postage, as well as for charges to be imposed for late payments; and WHEREAS, the City rate formula established herein has been reviewed by City staff and has been determined to be reasonable; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS. Section I: THAT Chapter 5 ofthe North Richland Hills Code of Ordinances be amended by adding a new Section 5-53.1 which shall read as follows: "Section 5-53.1 Residential Construction Refuse. Removal of said trash and debris from residential construction sites is provided by the City's solid waste franchise holder. It shall be the responsibility of the general contractor to arrange and compensate the solid waste franchise holder for this service. The use of companies, other than the City's solid waste franchise holder, for the purpose of disposing of construction refuse, is a violation of this ordinance. The following shall be the only permitted means of refuse disposal: (I) Provide front-load (6 or 8 cubic yard) container with a frequency of service at least weekly as provided in Appendix A of the solid waste franchise contract; or (2) Provide roll-off container at least weekly at the rate agreed in Appendix A ofthe solid waste franchise contract." Section 2: THAT Section 5-52 of the North Richland Hills Code of Ordinances is hereby amended by changing all references to "Building Official" to "Public Works Director." Section 3: THAT Section 5-56 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Section 5-56 Sanitation Requirements. (a) The general contractor for each building permit for new buildings or additions to existing buildings is required to provide temporary restroom facilities for use by construction workers. (b) Exception: The requirements of this section shall not apply: (1) When restroom facilities in the existing building on the lot are available to construction workers or; (2) When restroom facilities are available within one hundred fifty (150) feet (45,720 mm) of the lot on which the permit authorizes work. ( c) Temporary restroom facilities provided at residential construction site are provided by the City's solid waste franchise holder. It shall be the responsibility of the general contractor to arrange and compensate the solid waste franchise holder for this service. The use of companies other than the City's solid waste franchise holder, for the purpose of providing temporary restrooms is a violation of this ordinance. Section 4: THAT Section 11.21 (b) ofthe North Richland Hills Code of Ordinances is hereby amended by deleting the second sentence thereof providing for an amount to be charged for recycling service. Section 5: Chapter II of the North Richland Hills Code of Ordinances is hereby amended by adding new Sections 11-22 and 11-23, which shall read as follows: "Section 11-22 Charges for Garbage and Recycling Services. (a) A charge shall be made to each water customer ofthe City for solid waste collection and disposaL For residential customers, such charge shall include an amount for recycling service. All other businesses requiring solid waste collection shall be charged as well, whether or not they are water customers. Charges shall be calculated by adding twelve percent (12%) to the amount charged by the City's solid waste contractor for residential solid waste and recycling and by adding ten percent (10%) to the amount charged for commercial and other solid waste and recycling services. Ordinance No. 2688 Page 2 of 4 (b) Garbage and recycling service shall be billed with water and sewer utility bills and customers and shall carry the same delinquent penalties as such utility bills. City will not accept a payment which does not include all billed amounts unless a payment plan is in effect. Section 11-23 Residential Construction Sites. Each residential construction site permitted in the City shall be required to utilize solid waste and sanitation services provided by City's solid waste contractor." Section 6: Section 23-26 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Section 23-26 Due Date, Delinquent Penalty. All charges for water, sewer, garbage and recycling service shall be due and payable twenty (20) days after the billing date stamped on the bill and if not paid within such time, a penalty of ten percent (10%) shall be added to the next bill. A minimum penalty of$2.50 is established for residential accounts and $15.00 for commercial accounts." Section 7: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, subsection, article or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, subsections, articles and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph, subsection, article or section. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance as an alternative method of publication provided by law. Section 10: This ordinance shall become effective immediately upon passage. Ordinance No. 2688 Page 3 of4 AND IT IS SO ORDAINED. PASSED AND APPROVED this 24th day of February, 2003. ,'-\\CHi tJlI,. .' ~'0\",,;::,~,~ '., "&-"n ...-1:;~ ':,', ;..~." ......... .' ,",,' ... ... 'In '; I . 'V' _ .J.....: ~... ,~tTES" ftri . ':,r-::,___ \ h / >< .C ~. .~'. '. .,.- ~/ ... ..- "'!'J " , ·'ïd@~á·:~ 1".. . \,\\ Patricia H~tson, City Secretary By: ICHLAND HILLS ...... TO FORM AND LEGALITY: APPROVED AS TO CONTENT: ,~oQ~ John Pitstick, Director of Development Ordinance No. 2688 Page 4 of 4 INVOICE Star- Telegram 400 W. 7th Street FORT WORTH, TX 76102 (817) 390-7761 Federal Tax 10 22-3148254 Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Dates: Bill To: CITY OF N RICHLAND HILLS/SECRET PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- CIT13 224728751 3/2/03 Net due in 21 days 3/31/03 22472875 073 CITY OF NORTH RI 2/28/03 - 3/2/03 ~ 13580 A~~~. ~wØ residential construc- tion refuse and. s~nl- tatlon' establishIng, rates' for solid,' waste I and recycling' coll~c- tion servlee in t"e Clt)¡, of North Rlchl~nu Hills. Texas; prov!d!ng a penalty;' p'rovldlO9 for severab'lityc\ for publication; an es- tablishing an effective s~~\~n 7; Any person. firm or corpor'!ition violating any provision II of this ordinance shl be deemed guilty 0 ~ misdemeanor ~ ,~~Yn an ~ nôt to exceèd ~ HuM*' Dolla... (¡w.~.. . IE~=' ~~~ rflona~í,;t ~ ªnd i;¡pproved \ by the City Council of Before me, a Notary Public II . W¡~h¿~g ~::or;':.ï~ d State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Star-Telegram, publis!. ~~~ö~~J-" I, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of, ð~ar Trevino-Mayor blished in the above named paper on the listed dates: BIDS & LEGALS DEPT. STAR TELEGRAM ATTEST: ' (817) 390-7182. PatrlCl'a, ",ulSon-City 4< vJ ~ '..~" A'ì"'C~~~~D AS TO , FORM AND LEGAL-" d f1. A" A' 'l ~ ¡TY: IIgne\.N\,:J.-/V'-- \ SUBSCRlBED AND SWORN ~~i;o;:::A;::o::::':' fjjt)~ . _ (¡) c!lm~ tl....~~,.:.~~;N::....::~..-H;;;~;(~~~:..N~1 ¡f:ì~--: { ,. ~;~ . Th k Y F Y P I\:~" " ~/ MY COMMISSION EXPIRES , __an __ou _or _ou~~yment _________l:;;,,:~,~:!.~>'~ JUL~31,2004 ________ " -, . -.. - - ~'" CITY OF NORTH RICH 56 56 LINE Sales Discount Net Amount: THE STATE OF TEXAS County of Tarrant Remit To: Star-Telegram P.O. Box 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: $ $4.35 $73 I .56 ($691.24) $40.32 CIT13 CITY OF N RICHLAND HIL 224728751 $40.32