O-2019-0378 - 10/10/2019 I ORDINANCE NO. 0-2019-0378
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3 AN ORDINANCE AMENDING CHAPTER 32, ARTICLE II, SECTION 32-
4 23, COMMERCIAL REFUSE, AND SECTION 32-33, GARBAGE
5 COLLECTION SERVICE CHARGES, CODE OF ORDINANCES (2018
6 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING THE
7 ESTABLISHMENT OF A DOWNTOWN COMMERCIAL DISTRICT; AND
8 PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
9 CONFLICTING ORDINANCES AND RESOLUTIONS.
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11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
12 TEXAS:
13 I.
14 That Chapter 32, Article II, Section 32-23, Code of Ordinances (2018 Edition),
15 City of Round Rock, Texas, is hereby amended to read as follows:
16 Sec. 32-23.—General commercial refuse.
17 (a) Containers. For nonresidential customers, either the customer or its refuse collection contractor shall
18 provide containers suitable for dumping by mechanical means. Containers will be placed on private
19 premises at locations agreed between the owner or occupant and the commercial refuse collection
20 contractor; provided, however, no such container shall be placed: 1) within 15 feet of the boundary of
21 any abutting property with a SF (Single-family) or TF (Two-family) zoning designation; or 2) in any
22 front, rear or side yard abutting to a street. The city will not be responsible for damages to paved
23 surfaces on private property caused by commercial refuse collection trucks. Sufficient containers will
24 be placed to accommodate the refuse from each business. Adjacent small businesses may share
25 containers.
26 (b) Manner of disposal. All refuse from business and commercial establishments shall be placed in the
27 containers. No refuse shall be left outside the containers. All garbage shall be drained before placing
28 in containers. All packing boxes larger than two cubic feet must be flattened before placing in
29 containers. No manure, building materials, rocks, dirt or dead animals shall be placed in the
30 containers.
31 (c) Collection. Refuse containers shall not be placed out for collection earlier than 5:00 p.m. on the
32 business day prior to the established collection day and shall be moved from the collection site no
33 later than 7:00 a.m. the day after the collection day. For the purposes of this section, a business day
34 shall be defined as any day the City of Round Rock offices are open for business.
35 (d) Recycling containers. The requirements in subsections (a), (b) and (c) of this section pertaining to
36 refuse containers shall also apply to recycling containers.
37 (e) This section shall not apply to nonresidential customers in the downtown commercial district as
38 defined in 32-33(c).
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0112 1902;00470422/ss2
44 111.
45 That Chapter 32, Article II, Section 32-33, Code of Ordinances (2018 Edition),
46 City of Round Rock, Texas, is hereby amended to read as follows.-
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ollows:47 Sec. 32-33. -Garbage collection service charges.
48 (a) Residential.
49 (1) A sanitation charge for the collection of refuse and for city-wide recycling services shall be
50 made for each occupied residence within the city, whether or not any refuse is deposited for
51 collection for such occupied residence during any month and whether or not the residence
52 utilizes the city-wide recycling services during any month. For multiple housing units, up to and
53 including five units, the sanitation charge shall be applied for each dwelling unit, regardless of
54 the number of water meters.
55 (2) The residential charge for the collection of refuse and for recycling services shall be $19.37 per
56 month.
57 The amended residential charge for refuse and recycling services set forth above shall apply to
58 bills for the collection of refuse and for recycling services issued March 13, 2019 and thereafter.
59 (3) Except as provided below, on and after June 10, 1993, the garbage rate discount for head of
60 household residents 65 years of age and older will be discontinued. All head of household
61 residents 65 years of age and older actually receiving said discounts prior to June 10, 1993,
62 shall continue to receive said discounts as stated in this section, so long as they re-apply for
63 said discounts before October 30 of each year. For residential service located within the
64 corporate limits where the head of household has attained the age of 65, and if said resident
65 head of household was receiving garbage rate discounts prior to June 10, 1993, and if said
66 resident head of household re-applies for said discount between October 1 and October.30 of
67 each year, said head of household shall be entitled to a discount as currently established or as
68 hereafter adopted by resolution of the city council from time to time from the residential
69 sanitation charge. In order to be entitled to said discount, the head of house shall make a sworn
70 application therefor and present proof of age. It shall be a violation of this Code for anyone to
71 make a false statement on such application, or to receive such discount without being eligible
72 therefor. Each month a discount is unlawfully received shall be considered a separate violation.
73 (b) General commercial. A sanitation charge for the collection of refuse from all business, commercial,
74 retail, industrial, and manufacturing establishments shall be made when such collection service is
75 provided by its contractor. The charge shall include furnishing containers for refuse. Multiple house
76 units having more than five housing units shall be considered commercial customers. The sanitation
77 charge for commercial refuse collection shall be set by the contractor providing said service. This
78 paragraph (b) shall exclude all businesses located within the downtown commercial district described
79 in (c) below.
80 (c) Downtown commercial district.
81 (1) The downtown commercial district shall consist of Block 10, Block 21 and Block 22 of the
82 original plat of Round Rock.
83 (2) A sanitation charge for the collection of refuse and recycling services shall be made by the city
84 at the rates in (3) below for each occupied business in the downtown commercial district,
85 whether or not any refuse or recycling is deposited for collection by such occupied business
86 during any month.
87 (3) The charge for the collection of refuse and recycling for businesses in the downtown
88 commercial district shall be determined based on the classification and square footage of a
89 business as follows:
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Business Classification Sq.ft. Classification Service Rate per month
Small Office 6500 or less $35.00
Large Office 6501 or more $69.00
Small Retail and Services 3000 or less $69.00
Large Retail and Services 3001 or more $110.00
Small Restaurant 1600 or less $187.00
Medium Restaurant 1601-3000 $256.00
Large Restaurant 3001 or more $326.00
Small Bar 2500 or less $166.00
Large Bar 2501 or more $256.00
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92 (4) For the purposes of this section, a restaurant shall be defined as a business deriving at least
93 51% of its sales from food and non-alcoholic beverages, and a bar shall be defined as a
94 business deriving at least 51% of its sales from alcoholic beverages.
95 (5) The director shall determine the appropriate business classification for each existing business
96 in the downtown commercial district. If a new business does not clearly meet one of the
97 business classifications, the director shall assign the most appropriate classification from the
98 classifications set forth in (3) above. If a new or existing business owner disagrees with the
99 assigned classification, the owner shall have the right to file a written request for
100 reconsideration to the director. If the request for reconsideration is denied, the owner shall have
101 the right to file a written appeal to be decided by the city manager. A request for
102 reconsideration or an appeal shall be granted or denied within thirty (30) days of receipt by the
103 director or city manager. The city manager's decision shall be final.
104 (6) For the purposes of this section, the square footage for a business shall be determined by
105 adding the total main area square footage to the total outdoor area square footage. Outdoor
106 area square footage shall include a covered or uncovered patio or any other outdoor space
107 utilized by customers.
108 (7) The city shall provide a common container in a designated area on each block. Each business
109 in the downtown commercial district shall utilize only the common container on its block. All
110 refuse and recycling shall be placed inside the common container. All garbage shall be drained
111 before placing in container. All packing boxes larger than two cubic feet must be flattened
112 before placing in container. No manure, building materials, rocks, dirt or dead animals shall be
113 placed in the container.
114 (d) Outside city limits. The above garbage collection rates shall apply to all users located within the
115 corporate limits of the city. All users located outside the corporate limits of the city shall pay 1'/2 times
116 the rate set forth above.
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118 III.
119 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
12o expressly repealed.
121 B. The invalidity of any section or provision of this ordinance shall not
122 invalidate other sections or provisions thereof.
123 C. The City Council hereby finds and declares that written notice of the date,
124 hour, place and subject of the meeting at which this Ordinance was adopted was posted
125 and that such meeting was open to the public as required by law at all times during
126 which this Ordinance and the subject matter hereof were discussed, considered and
127 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
128 Government Code, as amended. �/
129 READ and APPROVED on first reading this the Z4 day of
130 2019.
131 READ, APPROVED and ADOPTED on second reading this the day of
132 O ' 2019.
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134 CRA10 MO AN, Mayor
135 City of Round Rock, Texas
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137 ATTEST:
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