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0337NO. 337 AN ORDINANCE ESTABLISHING OBLIGATIONS, DUTIES, AND RESPONSIBILITIES OF RESIDENTS OF SOUTHLAKE FOR GARBAGE COLLECTION, ESTABLISHING A REQUIREMENT FOR RESIDENTS TO USE GARBAGE COLLECTION SERVICES AUTHORIZED BY THE CITY OF SOUTHLAKE EXCEPT FOR GARBAGE DISPOSED OF BY RESIDENTS UNDER AUTHORITY OF A LICENSE ISSUED PURSUANT TO THIS ORDINANCE; ESTABLISHING FEES FOR LICENSES FOR GARBAGE DISPOSAL; PROHIBITING CERTAIN METHODS OF GARBAGE DISPOSAL, INTO, UPON OR ALONG ANY PUBLIC PROPERTY OR PRIVATE PROPERTY OF ANOTHER; PROVIDING FOR COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL GARBAGE COLLECTION AND ESTABLISHING RATES THEREFOR; PROVIDING FOR COLLECTION OF CHARGES FOR GARBAGE COLLECTION AND PROVIDING FOR SUSPENSION OF ALL OTHER CITY BILLED SERVICES FOR NON-PAYMENT OF GARBAGE FEES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION ONE-DEFINITIONS: (a) Brush. Tree and shrub trimmings which are not easily placed in disposable containers. (b) Debris. Dirt, concrete, rocks, bricks or other waste building materials. (c) Disposable container. Any plastic bag, cardboard, metal or wooden box having no outside dimension of more than four (4) feet and capable of containing garbage or trash, without leaking or emitting odors and which weighs, when loaded, less than fifty (50) pounds and which is placed at streetside for removal. (d) Garbage. Refuse, animal or vegetable matter, as from a kitchen or food-processing facility; ashes, or any other household waste which is damp or capable of emitting noxious odors. (e) Trash. Ail refuse other than garbage, debris, brush, household furniture and appliances; trash shall include grass clippings, leaves, paper and other household trash except as included in the foregoing definitions. SECTION TWO DUTIES OF CUSTOMER: (a) It shall be the duty of every owner, agent, lessee, tenant, or occupant of any premises in the city to provide and use containers sufficient in number to hold the garbage and trash accumulating on such premises. (b) Every customer shall keep all garbage and trash containers in use securely closed in such a manner as to prevent the scattering of the contents and maintain same inaccessible to insects, rodents, and other animals. SECTION THREE-RESIDENTIAL COLLECTION; CONTAINERS AND THEIR PLACEMENT: It shall be the duty of each residential customer to place garbage and trash as follows: (a) Ail garbage shall be placed in either securely closed plastic bags or in closed waterproof containers or metal containers or metal cans of no more than thirty-gallon capacity. (b) Containers shall be placed either at the streetside on the street bearing the customer's address at the roadside off of the pavement or behind the building line at a point where they may be reached without entering a gate. These are alternative locations and the city must be notified prior to any change. (c) Trash, excluding wet materials or material which will cause disagreeable smells, shall be placed at streetside on the street bearing the customer's address or at the roadside off the pavement in disposable containers in such a manner as to prevent such trash from being scattered. (d) Garbage shall not be placed for pickup more than twelve (12) hours prior to the day of pickup. All containers shall be placed at the foregoing prescribed locations not later than 7:30 a.m. on the day of scheduled collection, if they are to be picked up. (e) Ail garbage or trash mixed with water or other liquids shall be drained before being placed into a garbage or trash container. (f) Ail large objects shall be limited to a size that will allow reasonable handling by two men and placed at the usual place of garbage pick-up. SECTION FOUR- RESIDENTIAL COLLECTION; BRUSH: In the event that brush is of a nature that it cannot be placed in disposable containers, it shall be cut in lengths not to exceed four (4) feet and shall be trimmed and stacked at streetside to a height of not more than three (3) feet with the larger ends placed toward the street. Normal brush and %rash pickup will not take brush or trash occupying more than sixty-four (64) cubic feet whether loose or in bags. All vines and thorny bushes shall be placed in disposable containers. No item shall weigh more than fifty (50) pounds. A customer may receive a special pickup upon request for an additional charge, depending on the quantity of material to be removed. SECTION FIVE-WASTES FROM BUILDING OPERATIONS: DEBRIS, as that term is defined herein, or other trash resulting from construction, major remodeling, general cleanup of property, or resulting from sizable amounts of trash and debris being cleared in preparation for construction will not be removed by the city as regular service. The owner will have debris and trash removed at his expense, by either his own crew or by the city contractor. SECTION SIX- DUTY OF CUSTOMER TO SEE THAT CONTAINERS ARE EMPTIED: Every customer is hereby required to maintain supervision and surveillance over garbage containers on his premises and to call the city contractor if such customer has been missed. If, after having been timely placed for collection, the containers are not collected or emptied and the contents removed, as may be applicable, and after the city contractor has been contacted, within twenty-four (24) hours of scheduled collection, the customer shall notify the city by calling City Hall and reporting the noncollection at his address. SECTION SEVEN-PROHIBITED ACTS: (a) It shall be unlawful for any person to sweep, throw or deposit any garbage, trash, debris, stagnant water, or dead animal into, upon or along any public property or private property of another, except as may be specifically provided by this chapter. (b) It shall be unlawful for any person owning or otherwise in control of any premises within the city to permit any of the conditions described in above, to exist upon property owned or controlled by him after having actual or constructive notice thereof. (c) It shall be unlawful for any person to place in any container any material other than as specifically provided in this chapter. (d) It shall be unlawful for any person to deposit or maintain garbage or trash except as provided for by this chapter. (e) It shall be unlawful for any person to deposit any burning match, charcoal, ember or other material in any container used for the disposal of garbage or trash. SECTION EIGHT- RESIDENTIAL COLLECTION CHARGES: The collection and removal of garbage, trash and brush from the premises used for residential purposes shall be made two (2) times each week except New Year's Day, Independence Day, Thanksgiving Day and Christmas Day. The charges for such service shall be SIX AND 25/100ths DOLLARS per residential unit per calendar month for those customers who have given written instructions to the city for streetside pickup. "Tub-out" service charges for garbage pickup behind the building line are hereby established to be TEN AND NO/100THS DOLLARS ($10.00) per month per residential unit, which charges shall be made to all residences not requesting streetside pickup. After an original thirty day enrollment period, no change of pickup location shall be accepted for a period of one hundred twenty (120) days. Changes shall not be accepted more often than each ninety (90) days. The charges shall be effective as of the regular customer billing date. Said charges shall accrue for each and every month or portion thereof during which such service is available and provided to the customer. Such charges shall be billed through the city's water department and shall be subject to the same late payment penalty rate or early payment discount rate as such water bills. SECTION NINE-DUTIES OF COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL CUSTOMERS: It shall be the duty of the owner or person otherwise in charge of commercial, institutional or industrial premises within the city to cause all garbage and trash accumulated on said premises to be placed in either a garbage can with a tight-fitting lid or, with the approval of the Mayor or his designee, in disposable containers, if, in his opinion, such disposable containers will not create a nuisance. Cans and disposable containers shall be placed at a location on the premises which is readily accessible to the collector and approved by the Mayor or his designee. Commercial-type containers may be used and may be placed at a location on the premises as arranged between the customer and collector, but subject to review by the city at any time. SECTION TEN-COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL COLLECTION CHARGES: (a) Frequency of collection. The collection and removal of garbage and trash from houses, buildings and premises used for commercial, institutional, or industrial purposes shall be made as often as is necessary in order to maintain such premises free of accumulations of garbage and trash. In this regard, garbage, except dry trash in contractor-supplied containers shall be collected not less than one (1) time each week, except for roll-off containers which shall not be subject to this provision so long as they are used solely for brush and dry trash. (b) Charges, commercial type containers. Commercial, institutional, industrial and multifamily residential complex customers may dispose of garbage and trash by means of containers meeting city specifications. The fair and reasonable charges for SUCh are determined to be as follows: [Monthly charge rates to be inserted here] (c) Additional Charges. For other types of containers or services, rates shall be negotiated with the city contractor, subject to the approval of the city manager or his designate. SECTION ELEVEN-COLLECTION OF CHARGES: The charges fixed herein for the removal and disposal of all garbage and trash shall be entered by the city against the customer and shall be collected as charges for other city services. Any person who shall fail or refuse to pay the charge herein specified within sixteen (16) days from the date of any bill containing an arrears balance shall have his garbage service as well as all other city billed services suspended, and the city manager, or major, if no city manager exists, shall be notified immediately for appropriate action. The city water department and the city attorney are hereby authorized to act as agents for the city in the collection of charges herein provided. SECTION TWELVE- MANNER OF COLLECTION, TRANSPORTATION: (a) The collection, removal and disposal of all garbage, trash and rubbish shall be carried on in a systematic, efficient manner, to keep the city in a clean and sanitary conditions. (b) Ail vehicles used for the collection and transportation of garbage and trash shall be equipped with suitable covers which shall be used to prvent blowing or scattering of refuse while garbage and trash is being transported for disposal. SECTION THIRTEEN-PRIVATE COLLECTION AND DISPOSAL: (a) No person shall collect, remove or dispose of garbage containers or trash receptacles or convey or transport garbage or trash on the streets, alleys and public thoroughfares of the city except duly authorized agents or employees of the city and persons acting pursuant to a contract with the city for public collection and disposal of garbage, trash and brush; provided, however, upon application and compliance with this section, a license may be obtained to service the licensee's place of business. Provided further, this section shall not apply to the transportation of garbage, trash or brush from outside the city to a disposal site outside the city. (b) Application, issuance of license. A license shall be issued upon application to the water office for the collection and transportation of garbage and trash from the licensee's premises or place of business using licensee's own vehicles, equipment and personnel. c) License fees. The annual fee for a license hereunder shall be SEVENTY-FIVE AND NO/100THS DOLLARS ($75.00) per year. d) Identification of vehicles. Ail licensed trucks and containers used for the collection and transportation of garbage and trash shall be clearly marked with the owner's name and telephone number in letters and figures not less than two (2) inches high. (e) Covers on vehicles. Ail vehicles used for the collection and transportatioan of garbage and trash shall be enclosed or covered with net, canvas, or wire to prevent the contents thereof from falling or blowing into the public streets or adjacent property. (f) Operation. Garbage and trash shall be removed by licensee at least twice a week. (g) Occasional haul. Individuals desiring to occasionally remove brush, debris or trash from their own residence or business may do so if they have regular service from the city's contractor. SECTION FOURTEEN-APPLICATION INFORMATION; REVOCATION OF LICENSE: Application for a license shall set forth the name, address and business of the applicant, the type of vehicles to be used, the size and number of such vehicles, the proposed disposal site, and shall accompany such application with appropriate license fees. Violation of any of the provisions of this chapter shall be sufficient cause for revocation of the license by the public works director. SECTION FIFTEEN-SEVERABILITY CLAUSE: Should any section, subsection, clause or paragraph of this ordinance be declared or determined to be invalid or unconstitutional, then it is the intent of the City Council of the City of Southlake, that such invalidity or unconstitutionality shall not affect the remaining portion or portions of this ordinance, and such remaining portion or portions of this ordinance would have been passed and adopted notwithstanding the validity or unconstitutionality of the other portion or portions. SECTION SIXTEEN-EFFECTIVE DATE: This ordinance shall be and become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this /~ day of · ~L~ , 1986, by a vote of ~ ayes, ~, nays, and ~ ~ abstaining. CITY~/~OUTHLAKE, TEXAS ATTEST: City Secretary William H. Smith / City Attorney Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 FED. I.D.NO.22-2573893 DATE Isrna no ec nmI DESCRIPTION I SIZDE I INCH/LINE I RATE I AMOUNT AUG 31 850338 CL. 008 1X079L 79 ,34 26,47 ****:a************************* * * * Y OK bILLIWG INi UIRIF,S CALL * * * * 390-7501 * * ****************************** LEGAL NOTICE ORDINANCE NO.337 AN ATB- SHIINGOBIGAIONS,DU- TIR B IES OF RESIDENTS OF SOUTHLAKE FOR GAR- BAGE COLLECTION, ES- TABLISHING A REQUIRE- MNT FOR RESIDENTS T USE GARBAGE COLLECO- THOR- IZIOED SBY VTHE CIICES TY OF SOUTHLAKE EXCEPT FOR GARBAGE DISPOSED OF TYHOR ITY OF A LICEENSE ER IS- TO THIS ORDINANCE RSUAESTABLISH- ING FEES FOR LICENSES PROH BR GARITTIING CERTAIN METHOF GARBAGE DISPOSALS INTO,UPON OR ALONG ANY PUBLIC PROP- ERTY OR PRIVATE PROP- ERTY OF ANOTHER: PRO- •AYMENT DUE DA IN• STIT TIONALOR MERCIAL: OVER 30 DAY$ LIVER 60 GAYS } OVER 90 DAYS CURRENT STATEMENT PERIOD I ACCT.NO. INSTITUTIONAL AND IN DUSTRIAL GARBAGE COL ---- -.- LECTION AND ESTABLISH- ON RECR7 ING RATES THEREFOR: i 0/31 - 8/31 CI 57 FOR CTON• IOF CHARGESLFOR IF YOU HAVE GARBAGE COLLECTION AND PROVIDING FOR SUCS-YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACC TY BILLED SERVICES FOR'ING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99026 FORT WORTH,TEXAS 76199. NON-PAYMENT OF GAR- BAGE FEES; PROVIDING HIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT --,..AFOR AN EFFECTIVE DATE; \ AND PROVIDING A SEVER- ABILITY CLAUSE. SECTION FIFTEEN-SEVER- hould any sABc„tion, subsection,n,TY CLAUSE:S clause or e paragraph ofthlsordinancebe ADVERTISING STATEMENT Port deheInt ntofterminedtobelof r.Telegram validorunconstitutional,thenit REMIT TO: , P.O. BOX 99026• FORT WORTH,TEXAS 7619$ Is theIntentoftheCityCou then Iof the City of Southlake that such Invalidity or unconstitutionali- ty shall not affect the remaining portion or portions of this ordi- nance, and such remalnlin9, ACCOUNT NUMBER C I,1 57 PAYMENT DUE DATE UN R I':,C P T portion or portions of this ordi- nance would have been passed and thevaldidpvoruncond lstitutlonialg 1 Ity of the other portlon or por- PAGE + OF SALESPERSON tions- SECTION SIXTEEN-EFFEC- TIVE ATE: This ordlnan shall be and become effective from and after Its passage and publ ication as reaul red by law. this 19 day of uguustANDt,,D1986,OPTE y a vote of 4 ayes,()nays,and 0 abstain- ing. City of Southlake Texas /s/LLOYD O.LAT`fM JR. CI ATTEST:KC; ORIGINAL is/Sandra L.LeGrand 66 City secretary Approved as to form: PLEASE PAY 26.47 SQ /s/WilliCAitf mty TX 7b092tn THIS AMOUNT , _--.,..,, L. LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED We appreciate your Business!