From
Patricia D. B. Redfearn, Ph.D., Solid Waste and Recycling Manager
Title
Ordinance amending Chapter 26, "Utilities and Services," Section 26-113 of the Code of Ordinances, for a residential solid waste rate increase
Presenter
James R. Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
The City of Grand Prairie Solid Waste and Recycling Division is responsible for the provision of garbage and recycling collection and disposition for all businesses and residents within the community. Rising equipment costs have necessitated a residential rate increase of $0.61 per household per month.
Financial Consideration
This increase in fees, if approved, will provide an additional $332,482 to the Solid Waste Operating Fund for FY 2018.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE “UTILITIES AND SERVICES” CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS BY AMENDING ARTICLE VI “GARBAGE COLLECTION AND DISPOSAL,” RELATING TO THE REGULATION OF GARBAGE COLLECTION AND DISPOSAL WITHIN THE CITY; PROVIDING FOR AN INCREASE IN RESIDENTIAL GARBAGE FEES; MAKING THIS ORDINANCE CUMULATIVE; CONTAINING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND TO BECOME EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION
WHEREAS, the City has an interest in protecting public health through the proper collection and disposal of solid waste; and
WHEREAS, the City has the authority to regulate residential and commercial solid waste collection rates.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter 26, Article VI, Section 26-113 of the official code of the City of Grand Prairie, Texas is hereby amended to read as follows:
Sec. 26-113. - Residential fees.
(a) The collection and removal of garbage and trash in disposable containers from premises used for residential purposes shall be made two (2) times per week (and collection of recyclables shall be made one (1) time each week). The fair and reasonable charge for such service is hereby determined to be fifteen dollars and seventy one cents ($15.71) per residential unit for each calendar month, and the charges shall accrue for each month or portion thereof during which the service is available and provided to the customer. Eligible for a one dollar ($1.00) discount are water account customers aged sixty-five (65) and older with the account in the senior citizen’s name and certified by ad valorem tax exemption, and permanently disabled customers eligible for transportation with city services for the disabled with the account in the disabled citizen’s name. When a customer has an active water bill account with the city, the charges shall be due and payable simultaneously with charges for water service.
(b) Non-senior citizen residents and certified senior and disabled citizens with an active account who opted out of the recycling program prior to July 31, 2000 shall be charged a fee of thirteen dollars and seventy one cents ($13.71) per residential unity for each calendar month, and the charges shall accrue for each month or portion thereof during which the service is available and provided to the customer. When a customer has an active water bill account with the city, the charges shall be due and payable simultaneously with charges for water service.
(c) A person who fails to pay residential solid waste fees shall be subject to the termination of collective service. Additionally, the failure to pay fees shall be an offense subject to the enforcement provisions contained in Section 26-123.
SECTION 2. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision and such holding shall not affect validity of the remaining portions thereof.
SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 4. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for damage that may accrue to person or property as a result of any act required or permitted in the discharge of said duties.
SECTION 5. That this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON this the 19th day of september, 2017.