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G-10-08-26-9A1 - 8/26/2010ORDINANCE NO. 6'--1(.i -' G°2.)- 26-- q A -I AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.600 CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING THE IMPLEMENTATION OF A RECYCLING PROGRAM, ISSUING CONTAINERS AND REVISIONS TO THE COLLECTION SCHEDULE; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 6, Section 6.601, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: SECTION 6.600 GARBAGE AND RECYCLING REGULATIONS 6.601 DEFINITIONS. The following words when used in this section shall have the meanings ascribed to them in this subsection: City when used in this section shall mean the City of Round Rock, Texas. Garbage shall be held to mean all animal and vegetable matter, such as waste material and Refuse from kitchens, residences, grocery stores, butcher shops, cafes, restaurants, drug stores, hotels, rooming, boarding, and apartment houses, and other deleterious substances, not to include dirt, concrete, tile, plaster, rocks, and other substances. Person shall include both singular and plural and shall mean and embrace any person, firm, or corporation, their agents, servants, tenants, and employees. Premises shall mean business houses, boarding houses, offices, theaters, hotels, restaurants, cafes, eating houses, tourist camps, apartments, sanitariums, rooming houses, schools, private residences, vacant lots, and other places within the city limits where Refuse, either Garbage or Trash, accumulates. Recyclable Materials or Recyclables shall mean materials that have been designated by the City to be recovered or diverted from the non -hazardous solid waste stream for purposes of reuse, recycling, or reclamation. Recycling Container shall mean any container, used, approved and issued by the City's contractor for the collection of Recyclable Materials. Refuse shall mean all solid wastes, including Garbage or Trash. O:\wdox\SCC1nts\01 12\ 1005\MUNICIPAL\00197337.DOC/m1 Refuse Container shall mean any container, used, approved, and issued by the City's contractor for the collection of Refuse. Trash shall mean rubbish such as feathers, coffee grounds, ashes, tin cans, paper bags, boxes, glass, newspapers, magazines, and other such paper products, grass, shrubs, flowers, yard cleanings, grass clippings, leaves, and tree trimmings, not to include dirt, concrete, tile, plaster, rocks, and other such substances, and including handbills except when such handbills are distributed in a manner prescribed by the city council and with written permission from the city manager certifying conformity with the outline requirements of the council. II. That Chapter 6, Section 6.603, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby repealed: 6.603 (REPEALED) III. That Chapter 6, Section 6.604, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 6.604 RESIDENTIAL REFUSE (1) Container Requirements The City or its contractor will provide every person owning, managing, operating, leasing, or renting any residential premises, a Refuse Container. When in the discretion of the City Manager or his designee, the Refuse Container is no longer serviceable, it shall be replaced. In cases of abuse or neglect, the customer will be charged a replacement fee equal to the cost of the Refuse Container. (a) Refuse Containers shall be kept clean and free from accumulations of any substance remaining attached to the inside of containers which would attract or promote the breeding of mosquitoes or other insects. (b) Trash may be stored in sturdy securely fastened plastic bags. (2) Manner of Disposal It shall be the duty of every person owning, occupying, managing, operating, leasing, or renting any premises to place the daily accumulations of Refuse in the Refuse Container described in subsection 6.604(1) herein. It shall be the duty of every person placing Garbage or Trash in Refuse Containers to eliminate as far as possible all water and liquid from such Refuse. Refuse shall be placed in containers in such a way that no container or Refuse which is to be loaded manually shall weigh more than eighty (80) pounds. 2 (3) Collection by City The City or its contractor will collect Refuse from residential customers once weekly and it shall be the duty of any person owning, occupying, managing, operating, leasing, or renting any residential premises to place the Refuse Containers at the curb on the street prior to 7:00 a.m. on the day established for collection. Ordinary accumulations of rubbish such as tree limbs, paper boxes, and scrap lumber, which cannot conveniently be placed in the Refuse Containers as described herein, shall be tied or stacked in compact bundles; provided, however, that tree limbs shall be cut into lengths not exceeding three (3) feet and shall not exceed six (6) inches in diameter. Leaves and grass clippings shall be placed in containers or plastic bags. IV. That Chapter 6, Section 6.605, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 6.605 COMMERCIAL REFUSE (1) Containers For non-residential customers, either the customer or its refuse collection contractor shall provide containers suitable for dumping by mechanical means. Containers will be placed on private premises at locations agreed between the owner or occupant and the commercial refuse collection contractor. The city will not be responsible for damages to paved surfaces on private property caused by commercial refuse collection trucks. Sufficient containers will be placed to accommodate the Refuse from each business. Adjacent small businesses may share containers. (2) Manner of Disposal All Refuse from business and commercial establishments shall be placed in the containers. No Refuse shall be left outside the containers. All Garbage shall be drained before placing in containers. All packing boxes larger than two (2) cubic feet must be flattened before placing in containers. No manure, building materials, rocks, dirt, or dead animals shall be placed in the containers. V. That Chapter 6, Section 6.615(1)(b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: (b) The residential charge for the collection of Refuse and for recycling services shall be $16.91 per month. 3 VI. That Chapter 6, Section 6.600, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to add a new section 6.616 which shall read as follows: 6.616 RECYCLING (1) The City or its contractor will provide Recycling Containers to every person owning, managing, operating, leasing, or renting any residential premises for the purpose of separating and storing Recyclable Materials for collection. When in the discretion of the City Manager or his designee, the Recycling Container is no longer serviceable, it shall be replaced. In cases of abuse or neglect, the customer will be charged a replacement fee equal to the cost of the Recycling Container. (2) The City shall collect Recyclable Materials from residential customers once every other week and it shall be the duty of any person owning, occupying, managing, operating, leasing, or renting any residential premises to place the Recycling Container at the curb on the street prior to 7:00 a.m. on the day established for collection. Recyclable Materials shall be limited to the following: office paper; newsprint; magazines and catalogs; aluminum, steel and tin containers, glass bottles and containers, HDPE and PET plastic bottles #1, #2, #3, #4, #5, #6, #7; and household paper products to include junk mail, envelopes, cereal boxes, cardboard, boxboard, and telephone books. (3) VII. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 4113 READ and APPROVED on first reading this the t v- day of kth tet - 2010. 4 READ, APPROVED and ADOPTED on second reading this the 2c -f/- day of , 2010. ATTEST: immA i/th.v;ce SARA L. WHITE, City Secretary Yii./(,---' AL k1 MCGRAW, Mayor City of Round Rock, Texas 5 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. *9A1. itCouncil A enda Summary Sheet Agenda Caption: Consider an ordinance amending Chapter 6, Section 6.600, Code of Ordinances, regarding the implementation of a recycling program and increasing the residential charge for the collection of refuse and recyclable materials. (Second Reading) Meeting Date: August 26, 2010 Department: Infrastructure Development and Construction Management Staff Person making presentation: Michael Thane, P.E. Director of Infrastructure Management Item Summary: Over the past 20 months, the City has reviewed a number of options that would enable the City to provide a more comprehensive curbside single -stream recycling program to the residents of Round Rock. The Council was presented several of these options at a February 2010 Council Work Session and at the April 8, 2010 Council meeting. This amendment to the Ordinance, which includes the Council's preferred option at the Work Session, would provide residents with two 96 -gallon containers, one for garbage and one for recycling. The garbage will be collected once per week and the recycling collected every other week. To provide this new recycling service for residents, the garbage rate must be increased to include this service. The garbage collection rate for residential service was last adjusted on September 24, 2009. For that adjustment, the rate increase was precipitated by an increase in landfill disposal costs and a decrease in fuel costs. The City's current pre-tax garbage collection rate is $13.95 per month for regular single-family residential customers and a senior rate of $12.95 for those who continue to be grandfathered under the old program. This proposed new program with the combined garbage and single -stream recycling will increase the customer rate to $16.71 per month and will commence January 1, 2011. Strategic Plan Relevance: Goal 7.0 "Develop an environmentally friendly, sustainable community." Goal 14: "Support further development of the clean and renewable energy fields." Cost: N/A Source of Funds: N/A Date of Public Hearing (if required): Recommended Action: Adoption on second reading