HomeMy WebLinkAboutAgenda CC 08.09.2011 WorkshopNotice of Meeting of the
Governing Body of the
City of Georgetown, Texas
AUGUST 9, 2011
The Georgetown City Council will meet on AUGUST 9, 2011 at 3:00 P.M. at the Council Chambers at 101
E. 7th Street
If you need accommodations for a disability, please notify the city in advance.
Policy Development/Review Workshop -
A Public Hearing on the proposed 2011 Property Tax rate included in the 2011/12 Annual Budget -- Micki
Rundell, Chief Financial Officer
B Discussion and possible action regarding funding allocations for contracted social services and youth
programs for 2011/2012 budget year -- Mayor George Garver
C Citygate Study and Presentation -- Robert Fite, Fire Chief and Micki Rundell, Chief Financial Officer
D ESD/Council Budget Workshop -- Robert Fite, Fire Chief and Micki Rundell, Chief Financial Officer
E Presentation and discussion of suggested revisions to the Garbage Collection Ordinance, Chapter 13.12 of
the Code of Ordinances -- Rachel Osgood, Environmental Services Coordinator and Kathy Ragsdale,
Environmental and Conservation Services Director
Executive Session
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the regular
session.
F Sec. 551.071: Consultation with Attorney
- Advice from attorney about pending litigation that has been filed against the City or contemplated
litigation and other matters on which the attorney has a duty to advise the City Council, including but not
limited to this week's agenda item
G Sec. 551.072: Deliberation about Real Property
- Discussion and deliberations concerning a proposed Real Estate Purchase Contract for the purchase of
real property from the Charles N. Avery, III, John S. Avery, A. Nelson Avery and Lucille Christina
Avery Fell, Co-trustees of the John S. Avery Exempt Trust, the Charles N. Avery, III Exempt Trust, the
A. Nelson Avery Exempt Trust and the Lucille Christina Avery Fell Exempt Trust, each pursuant to a
Trust Instrument dated December 24, 1992, for street right-of-way in connection with the Southeast
Arterial One Road Project -- Edward Polasek, AICP, Transportation Services Director and Terri Calhoun,
Real Estate Services Coordinator
- GUS Satellite Service Center Property Update
- Rivery Update
- Cimarron Hills Update
H Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental body
has received from a business prospect that the City Council seeks to have locate, stay or expand in or near
the territory of the City and with which the City Council is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City
Council seeks to have locate, stay or expand in or near the territory of the City and with which the City
Council is conducting economic development negotiations.
- Project Grape
Adjournment
Certificate of Posting
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the _____ day of _________________, 2011, at __________, and remained so posted for at least
72 continuous hours preceding the scheduled time of said meeting.
__________________________________
Jessica Brettle, City Secretary
City of Georgetown, Texas
August 9, 2011
SUBJECT:
Public Hearing on the proposed 2011 Property Tax rate included in the 2011/12 Annual Budget -- Micki
Rundell, Chief Financial Officer
ITEM SUMMARY:
The Texas Tax Code requires the City Council to hold two public hearings on the proposed tax rate prior to
adoption if the proposed rate exceeds the current effective tax rate.
The 2011 proposed tax rate of $0.38750 exceeds the effective rate of $0.36901 by 5%. The increase is
attributed to additional debt service related to bond funded projects approved by the voters in November
2008.
An overview of the tax calculation and related General Fund revenue and expenditure information will be
provided at the August 9 workshop.
SPECIAL CONSIDERATIONS:
These public hearings fulfill the all legal requirements for adoption of the City’s 2011 tax rate scheduled for
the Council meeting on August 23,2011.
FINANCIAL IMPACT:
SUBMITTED BY:
Cover Memo
Item # A
City of Georgetown, Texas
August 9, 2011
SUBJECT:
Discussion and possible action regarding funding allocations for contracted social services and youth
programs for 2011/2012 budget year -- Mayor George Garver
ITEM SUMMARY:
FINANCIAL IMPACT:
Funding is allocated in the proposed 2011-12 Annual Operating Plan.
SUBMITTED BY:
Paul E. Brandenburg, City Manager
Cover Memo
Item # B
City of Georgetown, Texas
August 9, 2011
SUBJECT:
Citygate Study and Presentation -- Robert Fite, Fire Chief and Micki Rundell, Chief Financial Officer
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Cover Memo
Item # C
City of Georgetown, Texas
August 9, 2011
SUBJECT:
ESD/Council Budget Workshop -- Robert Fite, Fire Chief and Micki Rundell, Chief Financial Officer
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Cover Memo
Item # D
City of Georgetown, Texas
August 9, 2011
SUBJECT:
Presentation and discussion of suggested revisions to the Garbage Collection Ordinance, Chapter 13.12 of
the Code of Ordinances -- Rachel Osgood, Environmental Services Coordinator and Kathy Ragsdale,
Environmental and Conservation Services Director
ITEM SUMMARY:
The current garbage ordinance was adopted in 1989. The sections of the ordinance addressing the set out
times was added, later, in October 2007, in response to issues that were brought to light by the garbage focus
groups that were utilized earlier that year. Now, once again, based on citizen and Council input and concerns,
we are proposing the amendment our garbage ordinance. A summary of recent activities follows.
The original amendments to Chapter 13.12, GARBAGE COLLECTION AND DISPOSAL, were presented
to Council on May 24 to address two issues:
• Bulky waste being set out too early for a scheduled pickup
• The removal of the carts, cans and bags from the curb after a scheduled pickup
The amendments that were proposed to address these issues were as follows:
• Bulky waste is to be set out at the curb no more than 24 hours before a scheduled pickup
• Carts, cans and bags are to be removed from the curb by 7:00 am of day following the
scheduled pickup
When presented, the Council had questions that they wanted addressed in the ordinance before the second
reading:
• The severity and range of the fine amounts for violation of the ordinance
• The need for a waiver, instead of a fine, for the first violation of the ordinance
After the Council meeting at which the first reading took place, City staff received a multitude of issues and
concerns, from the public, relating to the garbage ordinance, as it is currently written:
• The set out time for garbage carts, prior to a scheduled pick up day, was too late at night (Sec.
13.12.060 – G.)
• The inclusion of yard waste, vegetation, and vegetable waste in the section of the garbage
ordinance prohibiting the accumulation of waste matter seemed to include compost and mulch,
and their application, which are products and activities that are very beneficial for yards,
landscapes and gardens. (Sec. 13.12.030.)
• Confusion over the liability and responsibility of both the owner of the property and the tenant
that occupies the home when violations occur at an address. (13.12.060 - C.)
Staff has now reviewed the Garbage ordinance in its entirety, in order to update and address all issues
brought to our attention over the last 3 months, as well as, to revise sections that are out of date or no longer
applicable.
Cover Memo
Item # E
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Rachel Osgood, Environmental Services Coordinator and Kathy Ragsdale, Environmental and Conservation
Services
ATTACHMENTS:
Cover Sheet
Redline_Updated Suggested Revisions to Garbage Ordinance August 9
Garbage Ordinance_Updated Final Clean Aug 9 Agenda
Cover Memo
Item # E
Council Meeting Date: August 9, 2011 Item No.
AGENDA ITEM COVER SHEET
SUBJECT:
Presentation and discussion of suggested revisions to the Garbage Collection Ordinance, Chapter 13.12
of the Code of Ordinances --Rachel Osgood, Environmental Services Coordinator and Kathy Ragsdale,
Environmental and Conservation Services Director
ITEM SUMMARY
The current garbage ordinance was adopted in 1989. The sections of the ordinance addressing the set out
times was added, later, in October 2007, in response to issues that were brought to light by the garbage focus
groups that were utilized earlier that year. Now, once again, based on citizen and Council input and concerns,
we are proposing the amendment our garbage ordinance. A summary of recent activities follows.
The original amendments to Chapter 13.12, GARBAGE COLLECTION AND DISPOSAL, were presented to
Council on May 24 to address two issues:
• Bulky waste being set out too early for a scheduled pickup
• The removal of the carts, cans and bags from the curb after a scheduled pickup
The amendments that were proposed to address these issues were as follows:
• Bulky waste is to be set out at the curb no more than 24 hours before a scheduled pickup
• Carts, cans and bags are to be removed from the curb by 7:00 am of day following the scheduled
pickup
When presented, the Council had questions that they wanted addressed in the ordinance before the second
reading:
• The severity and range of the fine amounts for violation of the ordinance
• The need for a waiver, instead of a fine, for the first violation of the ordinance
After the Council meeting at which the first reading took place, City staff received a multitude of issues and
concerns, from the public, relating to the garbage ordinance, as it is currently written:
• The set out time for garbage carts, prior to a scheduled pick up day, was too late at night (Sec.
13.12.060 – G.)
• The inclusion of yard waste, vegetation, and vegetable waste in the section of the garbage
ordinance prohibiting the accumulation of waste matter seemed to include compost and mulch, and
their application, which are products and activities that are very beneficial for yards, landscapes
and gardens. (Sec. 13.12.030.)
• Confusion over the liability and responsibility of both the owner of the property and the tenant that
occupies the home when violations occur at an address. (13.12.060 - C.)
Staff has now reviewed the Garbage ordinance in its entirety, in order to update and address all issues brought
to our attention over the last 3 months, as well as, to revise sections that are out of date or no longer applicable.
(Board) RECOMMENDATION:
Attachment number 1
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Item # E
N/A
STAFF RECOMMENDATION:
N/A
FINANCIAL IMPACT:
N/A
COMMENTS:
N/A
ATTACHMENTS:
Amended Garbage Ordinance
Attachment number 1
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Item # E
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CHAPTER 13.12. - GARBAGE COLLECTION AND DISPOSAL
Sec. 13.12.010. - Scope of articleReserved.
The provisions of this article apply to all territory within and without the corporate limits of
the City served by the City with utilities, as defined in this chapter, or other areas as may be
described in this chapter.
Sec. 13.12.020. - Definitions.
As used in this Chapter, the following terms have the respective meanings ascribed to them:
ȃ¢ȱ CompostingȄȱ ȱ ȱ -site process of composting, at the household level,
using Composting Bins or Contained Areas of organic matter, where the biological
decomposition of organic materials such as leaves, grass-clippings, brush and food scraps is
processed into a soil amendment for use at the same location.
"Bags" means a paper or plastic sack, designed to store Solid WasteTrash, having sufficient
wall strength to maintain physical integrity under normal loading when lifted by the top.
"Bulky Waste" includes appliances, furniture and other large waste materials or items that do
not fit in the Container, butǯȱ ȱ ȃ¢ȱ Ȅ does not include construction
debrisConstruction Debris, refrigerant-charged appliances, Dead Animals, Hazardous Waste
or stable matter. Unacceptable Waste.
"Bundle" Means tree, shrub and brush trimmingsmeans Yard Waste or newspapers and
magazines securely tied together forming an easily handled package not exceeding four feet in
length or 35 lbs. in weight.
ȃȄȱ a plastic container provided by Contractor to Customer with attached lids and
wheels for the purpose of storing Trash for collection.
"City" means not only the area within the corporate limits of the City as it now exists and as
may hereafter be changed, butand also those areas outside such the corporate limits of the City
Limits where a utility or utilities are servedUtility Service is provided by the City, except in
those instances where a contrary intent is apparent.
"Commercial Customer" means any customer who is not a Residential Customer.
ȃȄȱȱȱ mixture of decayed or decaying organic matter, such as Yard Waste and
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vegetable scraps that have been deposited into a Composting Bin or Contained Area in order
to encourage decomposition as a result of the action of aerobic bacteria, fungi, and other
organisms for the specific purpose of improving soil structure and providing nutrients.
ȃȱȄȱ an enclosed container used for the particular purpose of making
Compost.
"Construction Debris" means waste resulting from construction or demolition projects;
including all materials that are directly or indirectly the by-products of construction work or
that result fromor demolition of buildings and other structures, including, but not limited to,
paper, cartons, gypsum board, wood, rubber and plastics.
"Container" means a plastic container provided by Contractor to Customer with attached lid
and wheels used to store Solid Waste. Container capacities under this Contract shall include
35, 65, and 96 gallons.
ȃȱ Ȅȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ
contents from blowing or otherwise separating from the other contents including, but not
limited to, sturdy woven wire fencing, rot-resistant wood, or a Composting Bin which will
provide for adequate aeration.
"Contractor" means the person or entity with which the City has a contract for the provision of
solid waste collection and disposal services and recycling collection and servicescontracts with
to provide Solid Waste Collection and Disposal Services and/or Recycling Collection and
Services.
ȃȄȱȱ¢ȱ¢ȱȱǰȱȱȱ-residential, that uses or pays to use
one or more City Utility Service.
"Dumpster" means a metal or poly-type receptacle for Trash provided by Contractor to
commercial customers Non-residential Customers designed to be lifted and emptied
mechanically.
"Front-Load Compactor" means a compactor with a capacity ofnot exceeding six cubic yards
that performs compacting functions, and that is typically serviced with a front-load truck.
"Garbage" means readily decayable Solid Waste, including Dead Animals, animal and
vegetable waste, food containers, and all other waste matter which is likely to attract flies or
vermin, except any matter included in the definitions of Bulky Waste, Construction Debris,
Unacceptable Waste, Hazardous Waste, Rubbish or stable matter.
"Hazardous waste" means any chemical, compound, mixture, substance or article designated
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as a "hazardous waste" under state or federal law.
"Infectious waste" means any chemical, compound mixture, substance or article which is
designated to be "infectious" as that term is defined by or pursuant to Federal, State or local
laws and ordinances.
"Recyclable Materials" means the following materials, unless otherwise provided by the City's
Department of Environmental Services: Aluminum beverage cans; ferrous cans; glass; office
paper; envelopes; paper bags; newsprint/magazines; polyethylene terephthalate (PET) and
high density polyethylene plastics (HDPE); and direct mail advertisements. For commercial
customers, the term also includes materials that are sold as commodities to brokers or end
users (e.g., cardboard or plastic wrapping materials generated from retail stores).
ȃȄȱȱȱȱȱȱȱȱȱȱȱǰȱȱǰȱ
provide nutrients, and suppress pests and weed germination and growth.
ȃȄȱ the process of placing a protective cover over the soil to retain moisture,
reduce erosion, provide nutrients, and suppress pests and weed germination and growth.
ȃ-ȱȄȱȱȱ¢ȱȱȱȱȱȱ ǰȱȱȱ
structure for any non-domestic purpose and uses or pays to use Utility Services.
"Recyclable Materials" means the materials designated by the Department of Environmental
Services as recyclable. A current list of Recyclable Materials may be obtained from the
Department of Environmental Services or the Utility Department.
"Recycling Bin" means a plastic Bin" means a plastic bin with a capacity of approximately 18
gallons furnished by the Contractor to each Residential Customers and certain Commercial
Non-residential Customers for use in the collection of Recyclable Materials.
"Refuse" means all wastes resulting from domestic, commercial or industrial operations
incident to urban life, except sewage, but including garbage, brush and trash.
"Residential Customer" means a customer located in a room or set of rooms suitable for
residential use by a single family, including a single-family dwelling, duplex, fourplex,
townhouse, apartment or condominium unit. A residential unit shall be deemed occupied
when either water or electric services are being supplied thereto. A townhouse, fourplex,
duplex, or condominium dwelling, whether of single or multi-level construction, consisting of
four or less contiguous or separate single family dwelling units, shall be treated as a residential
unit, except that each single-family dwelling within any such residential unit shall be billed
separately. Those residential units served by a Dumpster, Roll-Off or Compactor (Roll-Off or
Front-Load) shall not be included in this definition.
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Item # E
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"ȃ¢ȱ ontainerȄȱ ȱ ȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ Non-
residential Customers with attached lid and wheels for use in the collection of Recyclable
Materials.
"Residential Customer" means a person that occupies a dwelling, building or structure, solely
for domestic purposes, who uses or pays to use Utility Services.
ȃRoadsideȄ means within the State, County or City right - of- way, including alleyways, on
either side of open ditches.
"Roll-Off Compactor" means a compactor that is stationary or self-contained, with a capacity of
20 cubic yards or greater that performs compacting functions, and that is served or able to be
serviced with a roll-off truck.
"Roll-Off Container" means a detachable Containercontainer with a capacity of 2010 cubic
yards or greater.
"Rubbish" means " that is not readily decayable, including wood, wood products, grass
cuttings, plants, leaves, paper, cardboard, cloth, leather, footwear, ashes, cinders, floor
sweepings, glass, mineral or metallic materials, and all other waste materials other than"
construction debris, Garbage, Hazardous Waste, stable matter, tree trimmings
ȃSolid WasteȄ " means Garbage, Rubbish, Bulky Waste, construction debris, and Yard Waste,
but not including means Trash, Bulky Waste, Construction Debris, and Yard Waste. ȃSolid
WasteȄȱȱȱ Unacceptable Waste.
"Trash" means refuse that can be handled in a standard garbage truck, such as household trash
(discarded clothing, toys, papers, etc.) and yard waste (grass clippings, small shrub and tree
trimmings, leaves and the like).
ȃȄȱȱ wastes resulting from domestic or commercial operations incident to urban
lifeǯȱȱȃȄȱȱȱȱȱǯ
"Unacceptable Waste" means any and all waste that is:
1. waste which is now or in the future prohibited from disposal at a sanitary landfill by
a federal, state or local law or regulation;
2. waste that requires other than normal handling, storage, management and/or
disposal;
3. dead animals, except for animals euthanized under authority and direction of the
City;
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Item # E
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4. livestock and slaughterhouse waste; and
5. waste which because of its quantity, concentration, frequency of disposal, required
disposal procedures, regulatory status, or physical, chemical, infectious or other
characteristics jeopardizes or may jeopardize the environmentally sound operation of
a disposal site.
1. Waste which is now or in the future prohibited from disposal at a sanitary landfill by
state or federal laws or the regulations promulgated thereunder;
2. Hazardous Waste;
3. Special waste, as defined by the laws of the State of Texas or the regulations
promulgated thereunder;
4. Tires, concrete, and bulk petroleum or chemical products or by-products;
5. Septic tank pumping and grease and grit trap wastes;
6. Sludge waste, including water supply treatment plant sludges and stabilized and/or
unstabilized sludges from municipal or industrial wastewater treatment plants;
7. Medical waste, including infectious or pathological waste from laboratories, research
facilities, and health and veterinary facilities, and sharp objects such as syringes that are
not in a protective sealed container;
8. Liquid waste, which for the purposes of this Contract means any waste material that
is determined to be or contain "free liquid" by the paint filter test (EPA Method 909S);
9. Class I industrial waste from an industrial process;
10. Waste from a pollution control process;
11. Waste transported in a bulk tanker;
12. Friable and/or nonfriable asbestos waste;
13. Empty containers which have been used for pesticides, herbicides, fungicides, or
rodenticides; or containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) of a
type listed in this definition;
14. Residue or debris from the cleanup of a spill or release of chemical substances,
commercial products or other wastes listed in this definition;
Attachment number 2
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Item # E
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15. Soil, water, residue, debris or articles which are contaminated from the cleanup of a
site or facility formerly used for the generation, storage, treatment, recycling, reclamation,
or disposal of Unacceptable Wastes listed in this definition, including soil contaminated
from underground storage tanks used or formerly used for the storage of petroleum
products;
Any waste that requires other than normal handling, storage, management and/or disposal;
17. Dead animals and/or slaughterhouse waste, except for animals euthanized under
authority and direction of the City; or
18. Any waste which because of its quantity, concentration, frequency of disposal,
required disposal procedures, regulatory status, or physical, chemical, infectious or other
characteristics jeopardizes or may jeopardize the environmentally sound operation of a
disposal site.
"UtilitiesUtility Service" means one or more of the following service provided by the City:
water service, sewer service, drainage service, electrical service, garbage collection service. As
used in this chapter, it or Waste Collection and Disposal Service.
ȃȱȱȱȱȄ means one or more of suchthe services. provided by
the Contractor pursuant to the contract with the City.
"Vector (of disease)" means an animal or insect which transmits infectious diseases from one
person or animal to another by penetrating the skin or mucous membrane, or by just
depositing infective material on the skin or food or on another object.
"Yard Waste" means tree limbs, grass and plant clippings, and tree or brush trimmings that are
bagged or bundled for curbsideRoadside collection.
Sec. 13.12.030. - Accumulation of waste matter prohibited.
A. It is unlawful for any person, firm or corporationentity to place, deposit or throw, or
permit to be placed, or cause to be placed, deposited or thrown, any garbage, brush, loose
waste or refuseSolid Waste or Unacceptable Waste of any kind on public or private property
outside of any houseresidence, building, flat or tenementstructure in the City, unless the same
has been depositedplaced in accordance with the provisions of this chapter. Chapter.
B. It is unlawful for any person or entity to cause or permit to be or remain in or upon
public or private property, any animal, vegetable or mineral matters of any composition, or
residue thereof, which is an unsanitary condition or injurious to public health. If any such
matters or residue remains in or upon any property for more than five days it will be
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Item # E
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presumed that the condition is unsanitary or injurious to public health.
The following acts, among others, are declared to be unlawful and in violation of this chapter,
and subject to the penalties as provided by this chapter, but such enumeration is not deemed
to be exclusive:
1. Throwing, placing, dumping or depositing of any lawn trimmings, hedge trimmings
or any other cuttings or trimmings, or weeds, flowers or other vegetation on any lot,
vacant or occupied, driveways or any other property;
2. Throwing, placing, dumping or depositing of any lawn trimmings, hedge trimmings
or other cuttings or trimmings, or weeds, flowers or other vegetation in any gutter, street,
sidewalk, parkway, driveway, curb, alley or any other public property;
3. Throwing, placing, dumping or depositing of any garbage, refuse or animal or
vegetable waste matter of any kind on or in any lot, vacant or occupied, driveways or any
other private property;
4. Throwing, placing, dumping or depositing of any garbage, refuse or animal or
vegetable waste matter of any kind on or in any lot, vacant or occupied, driveways or any
other private property;
5. Causing or permitting to be or remain in or upon any premises, private or public, any
animal, vegetable or mineral matters of any composition, or residue thereof, which is an
unsanitary condition or injurious to public health, and after any of such has remained upon
any premises, public or private, for more than seven days, it will be presumed that same is an
unsanitary condition and injurious to public health.
C. A violation of this chapter constitutes a misdemeanor and is subject to the penalties
provided in Section 1.08.010 of this Code. In addition, the actual cost of removing the garbage,
brush loose waste, or refuse shall be billed to the utility account of the most recent occupant at
that location.
Sec. 13.12.
Sec. 13.12.035. Backyard Composting and Mulching
A. Backyard Composting shall be carried out by the owner or occupant of a residential
property in accordance with the following requirements:
1. Backyard Composting shall take place only in a Contained Area or Composting Bin.
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Item # E
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2. Backyard Composting shall take place at the rear of the property and shall be
located at least 5 feet from any property line and at least 20 feet from any dwelling
unit, deck, patio or outdoor living area associated with an adjacent property.
3. A Composting Bin or Contained Area used for Composting shall not exceed 3 cubic
yards in size.
4. For residential dwellings containing more than four units, Backyard Composting is
limited to Composting Bins.
5. The following materials shall NOT be used in Backyard Composting: meat, bones,
fat, oils, dairy products and other greasy kitchen wastes, whole branches or logs,
plastics, synthetic fibers, human or household pet wastes or heavily diseased plants.
6. No offensive odor shall be permitted to emanate from the Compost Bin or
Contained Area.
7. Composting shall be maintained so as to not attract insects, vermin or animals.
8. Compost shall be layered, aerated, moistened, turned, managed and covered during
inclement weather to promote effective decomposition of the materials in a safe,
secure and sanitary manner.
B. Mulching shall be carried out by the owner or occupant of a residential property in
accordance with the following requirements:
1. Mulch generated on-site for use in residential yards, gardens or landscaping shall
consist of chipped, shredded, or ground vegetation, Yard Waste, clean and processed
recycled wood products, or mixed food waste.
2. Mulch generated on-site must be used on site.
3. Mulch generated on-site for future use must be stored in a Contained Area.
C. Composting, Mulching, and land application of Compost and Mulch shall be conducted
in a manner that prevents the discharge of material to or the pollution of surface water or
groundwater in accordance with the provisions of the Texas Water Code, Chapter 26, and any
other applicable statute or regulation.
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Item # E
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D. Composting, Mulching, and land application of Compost and Mulch shall be conducted
in a sanitary manner that shall not create nuisance conditions, as prohibited by the Texas
Health and Safety Code, Chapters 341 and 382 (relating to Minimum Standards of Sanitation
and Health Protection Measures; and Clean Air Act), the Texas Water Code, Chapter 26
(relating to Water Quality Control), and any other applicable statute or regulation.
E. This Section does not apply to Non-Residential Customers.
Sec. 13.12.040. - GarbageȮ Waste collection and charges mandatoryȯExceptions.
A. Required.
1. The charges fixed in this chapterExcept as otherwise provided in this Chapter, the
Contractor will be the exclusive provider of Waste Collection and in Section 13.04.180 of
this CodeDisposal Service for the removal and disposal of all garbage, brush, trash, refuse
or other waste material are levied by the City against all owners, occupants, tenants orand
lessees using or occupying any building, house or structure receiving such service. within
City.
2. Since the proper and prompt removal of all garbage, brush, trash, refuse matter and
other waste materialswaste is essential to the preservation of public health and safety, it is
deemed necessary that at least the appropriate minimum charge be levied against every
person, owner or, occupant, tenant or lessee, using or occupying any premises as a
residence or commercial establishment and thus for any non-residential purpose shall be
charged at least the minimum charge set forth in Section 13.04.180 of this Code for the
Waste Collection and Disposal Service to provide for more even and equitable
distribution of the cost of this service tofor the benefit of the entire citizenry enjoying the
benefits thereof. .
3. Where an apartment house or other building is served water througha building,
house or structure houses multiple entities, occupants or tenants, one meter, the person in
whose name the water account standsor entity may elect to be responsible for the
payment of the garbage fees for all persons in such apartment or building who are subject
to the provisions of this chapter.charges for Waste Collection and Disposal Services for all
other Customers in the building, house or structure. The election shall be made in writing
and filed with the Utility Department. In the absence of such ana written election, each
tenantCustomer in such apartment or the building is subject to charge for garbage
collection with his or herwill be charged for Waste Collection and Disposal Services on
the Ȃ utility bill.
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2. Except as provided in this chapter, all owners, occupants, tenants and lessees using
or occupying any building, house or structure within the corporate limits of the City are
required to use exclusively the City's Contractor.
3. The hours and days of collection shall be as set forth in the contract between the City
and the Contractor.
4. Complaints about service may be directed to the City's Contractor or to the City's
Environmental Services Department.
B. Exceptions.
1. Unacceptable Waste. Waste Collection and Disposal Service does not include
collection or disposal of Unacceptable Waste. Unacceptable Waste must be legally
disposed of by the owner through other facilities or services other than those of the City. .
2. Roll-Offs (including Roll Off Containers, Roll-Off Compactors; and Front Load
Compactors).:
a. The City's Contractor shall provide Roll-Off Containers, Roll-Off Compactors,
and Front Load Compactors to Customers upon request from a Customer.
b. Nothing in this Code upon a CustomerȂȱ. Customer shall require a
Customerbe charged for Roll-Off Containers, Roll-Off Compactors, and Front Load
Compactors services by the Contractor and the Customer shall pay the Contractor for
such services.
b. A Customer is not required to use Roll-Off Containers, Roll-Off Compactors,
and Front Load Compactors provided by the City's Contractor if: (1)
i. the transporter is the generator of the material being transported and owns
the Roll-Off Container(s), Roll-Off Compactor(s), and Front Load Compactor(s),
and the truck that services the Roll-Off Container(s), Roll-Off Compactor(s), and
Front Load Compactor(s); or (2)
ii. the Roll-Off Container(s), Roll-Off Compactor(s), and Front Load
Compactor(s) is used for Recyclable Materials.
c. The Customer shall arrange for provision of Roll-Off Containers, Roll-Off
Compactors, and Front Load Compactors services and the billing for same directly
with the Contractor and the City shall not be responsible for provision of these
services.
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Item # E
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3. Environmental Services Department Exemption.
a. Customer shall file an application for exemption with the Environmental
Services Department demonstrating that there is no need for Waste Collection and
Disposal Service and that one of the following qualified exemptions applies:
i. the building or property is empty and unoccupied, with no lawn service;
ii. the property is being used for a cemetery and does not have an office; or
iii. the property is being used for agricultural purposes.
b. Customer shall provide documentation requested by the Environmental Services
Department and shall make the property available for inspection if requested by the
Environmental Services Department.
c. The Environmental Services Department shall approve the application for
exemption if there is no need for Waste Collection and Disposal Services and a
qualified exemption applies.
4. Utility Department Exemption. An application for exemption is filed with and
approved by the Utility Office demonstrating that a property is both vacant and under
contract to sell.
a. Customer shall file an application for exemption with the Utility Department
demonstrating that there is no need for Waste Collection and Disposal Services and
that the property is both vacant and under contract to sell.
b. Customer shall provide documentation requested by the Utility Department and
shall make the property available for inspection, if requested by the Utility
Department.
c. The Utility Department shall approve the application for exemption if there is no
need for Waste Collection and Disposal Service and the property is both vacant and
under contract to sell.
C. Comments concerning the Contractor and/or Waste Collection and Disposal Service
should be directed to the Contractor or to the Environmental Services Department.
3. Anyone whose home is both vacant and under contract to sell will be exempt from
paying the garbage rate upon application for exemption with the Utility Office.
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Item # E
Page 12 of 15
4. Anyone whose building or land is unoccupied will be exempt from paying the
garbage rate upon application for exemption with the Environmental Services office.
5. Anyone who: (1) has land being used for agricultural purposes; (2) has shown it does
not have a need for solid waste services, and (3) files an application for exemption with
the Environmental Services office.
6. Anyone who (1) has land being used for a cemetery and which is not occupied by an
office; (2) has shown it does not have a need for solid waste services, and (3) files an
application for exemption with the Environmental Services office.
7. The exemptions in subsections 4., 5. and 6. will not be effective until the application
for an exemption is reviewed and approved by Environmental Services. The applicant
will be required to provide any and all documentation as requested by Environmental
Services, and also make their property available for inspection upon request so that a
determination can be made that the applicant is entitled to the exemption. The
exemptions will no longer be valid should the property owner request solid waste
services from the City or if there is a change in land use.
Sec. 13.12.050. - Persons required to keep containers- Carts or Dumpsters Required.
Every owner, agent, lessee, tenant or occupant of any houseresidence, building, flat,
apartment, tenementstructure, or commercial establishment in the City, where persons reside,
occupy, board or lodge, or where animal or vegetable food is prepared or served, shall provide
such housethe residence, building, flat, apartment, tenementstructure or commercial
establishment with a Cart or Dumpster, and at all times shall maintain the Cart or Dumpster in
good order and repair, a bag or container, or bin which may be provided by the City's
designated provider of disposal service.. A fee for lost or stolen containersCarts or Dumpsters
shall be charged in accordance with Subsection 13.04.180 E. of this Code.
Sec. 13.12.060. - Collection of garbage, refuse, brushSolid Waste and other waste
material.Recyclable Materials.
A. The City's Contractor shall provide roadsideRoadside pickup and disposal of solid waste,
as well as roadside collection of recyclable materialsSolid Waste and yard waste and bulky
wasteRecyclable Materials to all residential customers.Residential Customers. The frequency
and allowable volumes of such collection shall be established by the City Council from time t o
time.
B. The City's Contractor shall provide pickup and disposal of solid wasteSolid Waste to all
commercial customers, and, uponNon-residential Customers. Upon request of the customer
Attachment number 2
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Item # E
Page 13 of 15
andNon-residential Customer, in designated areas of the City, the City's Contractor shall also
provide commercial customersNon-residential Customers with pick uppickup and disposal of
Recyclable Materials. The frequency and allowable volumes of such collection shall be
established by the City Council from time to time.
C. The owner and the occupant, tenant or lessee of premisesthe property served by the City's
Contractor are each responsible for compliance with this article.Chapter. The City's or
Contractor's utility billing records are prima facie evidence of the identity of the
occupant.utility account holder.
D. All solid waste, other than bulky waste and yard waste,Trash shall be placed for
collection only in Bags and ContainersCarts, or Dumpsters for commercial customers. Non-
Residential Customers.
E. Bulky waste shall be placed for Waste collection is available by appointment only after.
Customer shall schedule the city has been notified of the need for specialappointment for
Bulky Waste collection directly with the Contractor. Bulky Waste shall be placed on the
Roadside for collection no more than 24 hours prior to the scheduled collection day.
F. Yard wasteWaste must be securely tied together in bundlesBundles not exceeding four
feet in length or 35 lbs. in weight.
G. Bags, Carts, Recycling Bins, and containersRecycling Containers shall be placed for
collection between 95:00 p.m. the night preceding collection day and 7:00 a.m. of collection day
and shall be placed as close to the roadwayRoadside as practicable without interfering with
vehicles or pedestrians. Carts, Recycling Bins, Recycling Containers, and Bags not collected on
collection day, shall be removed from the Roadside by 7 a.m. the day following the collection
day.
H. Only recyclable materialsRecyclable Materials approved by the City shall be placed in
Recycling Bins and Recycling Containers.
Sec. 13.12.070. - Use of another's containerCart or DumpsterȯMeddling with or scattering
contents of containera Recycling Bin, Recycling Container, Cart or Dumpster.
A. It is unlawful a violation of this Chapter:
1. for any owner, occupant, tenant or lessee, using or occupying a building, house or
structure as a separate unit, to utilize the garbage containersCart or receptaclesDumpster
of another owner, occupant, tenant or lessee for the disposal of his own refuse or garbage,
and in this mannerSolid Waste to evade the payment of the fees levied by this chapter.
Attachment number 2
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Item # E
Page 14 of 15
charges for Waste Collection and Disposal Services;
B. It is a violation of this chapter
2. for any person to meddle with any garbage container, trash receptacle,Bag, Cart,
Dumpster, Recycling Bin or recycling containerRecycling Container unless such
containerBag, Cart, Dumpster, Recycling Bin or receptacleRecycling Container is owned
or controlled by such person, or unless such person is an authorized collector of the
contents, under this chapter. Chapter; or
C. It is a violation of this chapter
3. for any person to scatter, scavenge from, disturb, or remove the contents of any
garbageBag, Cart, Dumpster, Recycling Bin, or recycling container. Recycling Container.
B. Exception. Non-residential Customers that are adjacent to or within the same complex
may share a Dumpster under the following circumstances, if authorized in writing by the
Environmental Services Department.
1. One Non-residential Customer (primary) must take full responsibility for the cost of
the Dumpster and include it on their utility bill.
2. The primary Customer must provide the Environmental Services Department with
written authorization for other Non-residential Customers to share the Dumpster
3. Determination of how the cost of the Dumpster will be shared between the Non-
residential Customers is the responsibility of the Non-residential Customers.
Sec. 13.12.080. - Rates generally.
The general and reasonable rates for collecting garbageWaste Collection and brushDisposal
Service under the provisions of this chapter and Section 13.04.180Chapter shall be determined
and fixed by ordinance from time to time by the City Council. Such collection rates shall at
least be in an amount necessary to meet the cost of services contemplated bythe Waste
Collection and Disposal Service under this Chapter. SuchWaste Collection and Disposal
Service rates shall be available in writing at the CityEnvironmental Services Department and
the Utility Department offices during business hours.
Sec. 13.12.090. - Reserved.
Sec. 13.12.100. - Failure to pay chargesȯDiscontinuance Suspension of utility service.
All sanitary service charges, including, but not limited to, garbage collection service, are
dueThe City shall bill charges for Waste Collection and Disposal Service to the Customer
monthly and . The Customer must be pay the all billed charges when due. If all charges are
not paid to the City when due, and if not paid, the City has the right to suspend solid waste
Attachment number 2
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Item # E
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serviceWaste Collection and Disposal Services and any other City utility service (e.g., water
wastewater, electric, etc) to such premises and such services shall not be turned on againUtility
Service. Utility Service shall not be resumed until said bill hasall charges due have been paid
in full, including additional charges for disconnectingdisconnection and resumption of
services.Utility Service. Such charges are fixed, and may be increased or decreased, by the City
Council by ordinance, from time to time, and such charges . Charges are available in writing
at the CityEnvironmental Services Department and the Utility Department offices. during
business hours.
Sec. 13.12.110. - Ȯ Violations and Penalties.
A. Any corporation, firm, agent An entity or person who violates the provisions of this
chapterChapter, upon conviction, shall be punished in accordance with the provisions of
Section 1.08.010 of this code.Code. Each violation shall constitute a separate offense. The City
also has the power to enforce the provisions of this chapterChapter through civil court action.
B. First time violators of this Chapter will receive a written warning.
C. The actual cost incurred by the City to remove any uncontained or loose Solid Waste or
Unacceptable Waste shall be billed to the active utility account for the property. If there is no
active utility account for the property, the cost shall be billed to the owner of the property or
ȱ Ȃȱȱ¢-management company.
Attachment number 2
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Item # E
CHAPTERȱ13.12.ȱȬȱGARBAGEȱCOLLECTIONȱANDȱDISPOSALȱ
Sec.ȱ13.12.010.ȱȬȱReserved.ȱ
Sec.ȱ13.12.020.ȱȬȱDefinitions.ȱ
AsȱusedȱinȱthisȱChapter,ȱtheȱfollowingȱtermsȱhaveȱtheȱrespectiveȱmeaningsȱascribedȱtoȱthem:ȱ
“Backyardȱ Composting”ȱ meansȱ theȱ onȬsiteȱ processȱ ofȱ composting,ȱ atȱ theȱ householdȱ level,ȱ
usingȱ Compostingȱ Binsȱ orȱ Containedȱ Areasȱ ofȱ organicȱ matter,ȱ whereȱ theȱ biologicalȱ
decompositionȱ ofȱ organicȱ materialsȱ suchȱ asȱ leaves,ȱ grassȬclippings,ȱ brushȱ andȱ foodȱ scrapsȱ isȱ
processedȱintoȱaȱsoilȱamendmentȱforȱuseȱatȱtheȱsameȱlocation.ȱ
ȈBagsȈȱmeansȱaȱpaperȱorȱplasticȱsack,ȱdesignedȱtoȱstoreȱTrash,ȱhavingȱsufficientȱwallȱstrengthȱtoȱ
maintainȱphysicalȱintegrityȱunderȱnormalȱloadingȱwhenȱliftedȱbyȱtheȱtop.ȱ
ȈBulkyȱ WasteȈȱ includesȱ appliances,ȱ furnitureȱ andȱ otherȱ largeȱ wasteȱ materialsȱ orȱ itemsȱ thatȱ doȱ
notȱ fitȱ inȱ theȱ Cart.ȱȱ“Bulkyȱ Waste”ȱ doesȱ notȱ includeȱ Constructionȱ Debris,ȱ refrigerantȬchargedȱ
appliancesȱorȱUnacceptableȱWaste.ȱ
ȈBundleȈȱ meansȱ Yardȱ Wasteȱ orȱ newspapersȱ andȱ magazinesȱ securelyȱ tiedȱ togetherȱ formingȱ anȱ
easilyȱhandledȱpackageȱnotȱexceedingȱfourȱfeetȱinȱlengthȱorȱ35ȱlbs.ȱinȱweight.ȱȱ
“Cart”ȱ meansȱ aȱ plasticȱ containerȱ providedȱ byȱ Contractorȱ toȱ Customerȱ withȱ attachedȱ lidsȱ andȱ
wheelsȱforȱtheȱpurposeȱofȱstoringȱTrashȱforȱcollection.ȱ
ȈCityȈȱ meansȱ theȱ areaȱ withinȱ theȱ corporateȱ limitsȱ ofȱ theȱ Cityȱ asȱ itȱ nowȱ existsȱ andȱ asȱ mayȱ
hereafterȱ beȱ changed,ȱ andȱ alsoȱ thoseȱ areasȱ outsideȱ theȱ corporateȱ limitsȱ ofȱ theȱ Cityȱ whereȱ aȱ
Utilityȱ Serviceȱ isȱ providedȱ byȱ theȱ City,ȱ exceptȱ inȱ thoseȱ instancesȱ whereȱ aȱ contraryȱ intentȱ isȱ
apparent.ȱȱ
“Compost”ȱ meansȱ aȱ mixtureȱ ofȱ decayedȱ orȱ decayingȱ organicȱ matter,ȱ suchȱ asȱ Yardȱ Wasteȱ andȱ
vegetableȱ scrapsȱ thatȱ haveȱ beenȱ depositedȱ intoȱ aȱ Compostingȱ Binȱ orȱ Containedȱ Areaȱ inȱ orderȱ
toȱ encourageȱ decompositionȱ asȱ aȱ resultȱ ofȱ theȱ actionȱ ofȱ aerobicȱ bacteria,ȱ fungi,ȱ andȱ otherȱ
organismsȱforȱtheȱspecificȱpurposeȱofȱimprovingȱsoilȱstructureȱandȱprovidingȱnutrients.ȱ
“Compostingȱ Bin”ȱ meansȱ anȱ enclosedȱ containerȱ usedȱ forȱ theȱ particularȱ purposeȱ ofȱ makingȱ
Compost.ȱ
ȈConstructionȱ DebrisȈȱ meansȱ materialsȱ thatȱ areȱ directlyȱ orȱ indirectlyȱ theȱ byȬproductsȱ ofȱ
constructionȱ orȱ demolitionȱ ofȱ buildingsȱ andȱ otherȱ structures,ȱ including,ȱ butȱ notȱ limitedȱ to,ȱ
paper,ȱcartons,ȱgypsumȱboard,ȱwood,ȱrubberȱandȱplastics.ȱ
“Containedȱ Area”ȱ meansȱ aȱ locationȱ enclosedȱ withinȱ aȱ durableȱ materialȱ thatȱ preventsȱ theȱ
contentsȱ fromȱ blowingȱ orȱ otherwiseȱ separatingȱ fromȱ theȱ otherȱ contentsȱ including,ȱ butȱ notȱ
limitedȱ to,ȱ sturdyȱ wovenȱ wireȱ fencing,ȱ rotȬresistantȱ wood,ȱ orȱ aȱ Compostingȱ Binȱ whichȱ willȱ
provideȱforȱadequateȱaeration.ȱ
ȈContractorȈȱ meansȱ theȱ personȱ orȱ entityȱ theȱ Cityȱ contractsȱ withȱ toȱ provideȱ Solidȱ Wasteȱ
CollectionȱandȱDisposalȱServicesȱand/orȱRecyclingȱCollectionȱandȱServices.ȱȱ
“Customer”ȱmeansȱanyȱentityȱorȱperson,ȱresidentialȱorȱnonȬresidential,ȱthatȱusesȱorȱpaysȱtoȱuseȱ
oneȱorȱmoreȱCityȱUtilityȱService.ȱ
ȈDumpsterȈȱ meansȱ aȱ metalȱ orȱ polyȬtypeȱ receptacleȱ forȱ Trashȱ providedȱ byȱ Contractorȱ toȱ NonȬ
residentialȱCustomersȱdesignedȱtoȱbeȱliftedȱandȱemptiedȱmechanically.ȱ
ȈFrontȬLoadȱCompactorȈȱmeansȱaȱcompactorȱwithȱaȱcapacityȱnotȱexceedingȱsixȱcubicȱyardsȱthatȱ
performsȱcompactingȱfunctionsȱandȱisȱtypicallyȱservicedȱwithȱaȱfrontȬloadȱtruck.ȱȱ
“Mulch”ȱ meansȱ aȱ protectiveȱ coverȱ placedȱ overȱ theȱ soilȱ toȱ retainȱ moisture,ȱ reduceȱ erosion,ȱ
provideȱnutrients,ȱandȱsuppressȱpestsȱandȱweedȱgerminationȱandȱgrowth.ȱ
“Mulching”ȱ meansȱ theȱ processȱ ofȱ placingȱ aȱ protectiveȱ coverȱ overȱ theȱ soilȱ toȱ retainȱ moisture,ȱ
reduceȱerosion,ȱprovideȱnutrients,ȱandȱsuppressȱpestsȱandȱweedȱgerminationȱandȱgrowth.ȱ
“NonȬresidentialȱ Customer”ȱ meansȱ anȱ entityȱ orȱ personȱ thatȱ occupiesȱ aȱ dwelling,ȱ buildingȱ orȱ
structureȱforȱanyȱnonȬdomesticȱpurposeȱandȱusesȱorȱpaysȱtoȱuseȱUtilityȱServices.ȱ
ȈRecyclableȱ MaterialsȈȱ meansȱ theȱ materialsȱ designatedȱ byȱ theȱ Departmentȱ ofȱ Environmentalȱ
Servicesȱ asȱ recyclable.ȱȱAȱ currentȱ listȱ ofȱ Recyclableȱ Materialsȱ mayȱ beȱ obtainedȱ fromȱ theȱ
DepartmentȱofȱEnvironmentalȱServicesȱorȱtheȱUtilityȱDepartment.ȱ
ȈRecyclingȱ BinȈȱ meansȱ aȱ plasticȱ binȱ withȱ aȱ capacityȱ ofȱ approximatelyȱ 18ȱ gallonsȱ furnishedȱ byȱ
theȱ Contractorȱ toȱ Residentialȱ Customersȱ andȱ certainȱ NonȬresidentialȱ Customersȱ forȱ useȱ inȱ theȱ
collectionȱofȱRecyclableȱMaterials.ȱȱ
“Recyclingȱ Container”ȱ meansȱ aȱ plasticȱ containerȱ providedȱ byȱ Contractorȱ toȱ certainȱ NonȬ
residentialȱ Customersȱ withȱ attachedȱ lidȱ andȱ wheelsȱ forȱ useȱ inȱ theȱ collectionȱ ofȱ Recyclableȱ
Materials.ȱ
ȈResidentialȱ CustomerȈȱ meansȱ aȱ personȱ thatȱ occupiesȱ aȱ dwelling,ȱ buildingȱ orȱ structure,ȱ solelyȱ
forȱdomesticȱpurposes,ȱwhoȱusesȱorȱpaysȱtoȱuseȱUtilityȱServices.ȱȱ
“Roadside”ȱ meansȱ withinȱ theȱ State,ȱ Countyȱ orȱ Cityȱ rightȱ ofȱ way,ȱ includingȱ alleyways,ȱ onȱ
eitherȱsideȱofȱopenȱditches.ȱ
ȈRollȬOffȱCompactorȈȱmeansȱaȱcompactorȱthatȱisȱstationaryȱorȱselfȬcontained,ȱwithȱaȱcapacityȱofȱ
20ȱ cubicȱ yardsȱ orȱ greaterȱ thatȱ performsȱ compactingȱ functionsȱ andȱ thatȱ isȱ servedȱ orȱ ableȱ toȱ beȱ
servicedȱwithȱaȱrollȬoffȱtruck.ȱ
ȈRollȬOffȱContainerȈȱmeansȱaȱdetachableȱcontainerȱwithȱaȱcapacityȱofȱ10ȱcubicȱyardsȱorȱgreater.ȱ
ȈSolidȱWasteȈȱmeansȱTrash,ȱBulkyȱWaste,ȱConstructionȱDebris,ȱandȱYardȱWaste.ȱȱ“SolidȱWaste”ȱ
doesȱnotȱincludeȱUnacceptableȱWaste.ȱ
“Trash”ȱ meansȱ wastesȱ resultingȱ fromȱ domesticȱ orȱ commercialȱ operationsȱ incidentȱ toȱ urbanȱ
life.ȱȱ“Trash”ȱdoesȱnotȱincludeȱUnacceptableȱWaste.ȱ
ȈUnacceptableȱWasteȈȱmeans:ȱȱ
1. wasteȱ whichȱisȱnowȱorȱinȱ theȱfutureȱprohibitedȱfromȱdisposalȱatȱ aȱ sanitaryȱlandfillȱ byȱ
aȱfederal,ȱstateȱorȱlocalȱlawȱorȱregulation;ȱȱ
2. wasteȱ thatȱ requiresȱ otherȱ thanȱ normalȱ handling,ȱ storage,ȱ managementȱ and/orȱ
disposal;ȱ
3. deadȱ animals,ȱ exceptȱ forȱ animalsȱ euthanizedȱ underȱ authorityȱ andȱ directionȱ ofȱ theȱ
City;ȱ
4. livestockȱandȱslaughterhouseȱwaste;ȱandȱ
5. wasteȱ whichȱ becauseȱ ofȱ itsȱ quantity,ȱ concentration,ȱ frequencyȱ ofȱ disposal,ȱ requiredȱ
disposalȱ procedures,ȱ regulatoryȱ status,ȱ orȱ physical,ȱ chemical,ȱ infectiousȱ orȱ otherȱ
characteristicsȱ jeopardizesȱ orȱ mayȱ jeopardizeȱ theȱ environmentallyȱ soundȱ operationȱ ofȱ
aȱdisposalȱsite.ȱȱ
ȈUtilityȱ ServiceȈȱ meansȱ oneȱ orȱ moreȱ ofȱ theȱ followingȱ serviceȱ providedȱ byȱ theȱ City:ȱ waterȱ
service,ȱ sewerȱ service,ȱ drainageȱ service,ȱ electricalȱ serviceȱ orȱ Wasteȱ Collectionȱ andȱ Disposalȱ
Service.ȱ
“Wasteȱ Collectionȱ andȱ Disposalȱ Service”ȱ meansȱ theȱ servicesȱ providedȱ byȱ theȱ Contractorȱ
pursuantȱtoȱtheȱcontractȱwithȱtheȱCity.ȱ
ȈYardȱWasteȈȱmeansȱtreeȱlimbs,ȱgrassȱandȱplantȱclippings,ȱandȱtreeȱorȱbrushȱtrimmingsȱthatȱareȱ
baggedȱorȱbundledȱforȱRoadsideȱcollection.ȱ
Sec.ȱ13.12.030.ȱȬȱAccumulationȱofȱwasteȱprohibited.ȱ
A.ȱ Itȱ isȱ unlawfulȱ forȱ anyȱ personȱ orȱ entityȱ toȱ place,ȱ permitȱ toȱ beȱ placed,ȱ orȱ causeȱ toȱ beȱ placedȱ
anyȱ Solidȱ Wasteȱ orȱ Unacceptableȱ Wasteȱ ofȱ anyȱ kindȱ onȱ publicȱ orȱ privateȱ propertyȱ outsideȱ ofȱ
anyȱresidence,ȱbuilding,ȱorȱstructureȱinȱtheȱCity,ȱunlessȱtheȱsameȱhasȱbeenȱplacedȱinȱaccordanceȱ
withȱtheȱprovisionsȱofȱthisȱChapter.ȱ
B.ȱ Itȱ isȱ unlawfulȱ forȱ anyȱ personȱ orȱ entityȱ toȱ causeȱ orȱ permitȱ toȱ beȱ orȱ remainȱ inȱ orȱ uponȱȱ
publicȱ orȱ privateȱ property,ȱ anyȱ animal,ȱ vegetableȱ orȱ mineralȱ mattersȱ ofȱ anyȱ composition,ȱ orȱ
residueȱ thereof,ȱ whichȱ isȱ anȱ unsanitaryȱ conditionȱ orȱ injuriousȱ toȱ publicȱ health.ȱȱIfȱ anyȱ suchȱ
mattersȱ orȱ residueȱ remainsȱ inȱ orȱ uponȱ anyȱ propertyȱ forȱ moreȱ thanȱ fiveȱ daysȱ itȱ willȱ beȱ
presumedȱthatȱtheȱconditionȱisȱunsanitaryȱorȱinjuriousȱtoȱpublicȱhealth.ȱ
ȱ
Sec.ȱ13.12.035.ȱȱBackyardȱCompostingȱandȱMulchingȱ
A. Backyardȱ Compostingȱ shallȱ beȱ carriedȱ outȱ byȱ theȱ ownerȱ orȱ occupantȱ ofȱ aȱ residentialȱ
propertyȱinȱaccordanceȱwithȱtheȱfollowingȱrequirements:ȱ
1. BackyardȱCompostingȱshallȱtakeȱplaceȱonlyȱinȱaȱContainedȱAreaȱorȱCompostingȱBin.ȱ
2. Backyardȱ Compostingȱ shallȱ takeȱ placeȱ atȱ theȱ rearȱ ofȱ theȱ propertyȱ andȱ shallȱ beȱ
locatedȱ atȱ leastȱ 5ȱ feetȱ fromȱ anyȱ propertyȱ lineȱ andȱ atȱ leastȱ 20ȱ feetȱ fromȱ anyȱ dwellingȱ
unit,ȱdeck,ȱpatioȱorȱoutdoorȱlivingȱareaȱassociatedȱwithȱanȱadjacentȱproperty.ȱ
3. Aȱ Compostingȱ Binȱ orȱ Containedȱ Areaȱ usedȱ forȱ Compostingȱ shallȱ notȱ exceedȱ 3ȱ cubicȱ
yardsȱinȱsize.ȱ
4. Forȱ residentialȱ dwellingsȱ containingȱ moreȱ thanȱ fourȱ units,ȱ Backyardȱ Compostingȱ isȱ
limitedȱtoȱCompostingȱBins.ȱ
5. Theȱ followingȱ materialsȱ shallȱ NOTȱ beȱ usedȱ inȱ Backyardȱ Composting:ȱ meat,ȱ bones,ȱ
fat,ȱ oils,ȱ dairyȱ productsȱ andȱ otherȱ greasyȱ kitchenȱ wastes,ȱ wholeȱ branchesȱ orȱ logs,ȱ
plastics,ȱsyntheticȱfibers,ȱhumanȱorȱhouseholdȱpetȱwastesȱorȱheavilyȱdiseasedȱplants.ȱ
6. Noȱ offensiveȱ odorȱ shallȱ beȱ permittedȱ toȱ emanateȱ fromȱ theȱ Compostȱ Binȱ orȱ
ContainedȱArea.ȱ
7. Compostingȱshallȱbeȱmaintainedȱsoȱasȱtoȱnotȱattractȱinsects,ȱverminȱorȱanimals.ȱȱȱ
8. Compostȱshallȱbeȱ layered,ȱ aerated,ȱmoistened,ȱturned,ȱ managedȱandȱ coveredȱduringȱ
inclementȱ weatherȱ toȱ promoteȱ effectiveȱ decompositionȱ ofȱ theȱ materialsȱ inȱ aȱ safe,ȱ
secureȱandȱsanitaryȱmanner.ȱ
B.ȱ Mulchingȱ shallȱ beȱ carriedȱ outȱ byȱ theȱ ownerȱ orȱ occupantȱ ofȱ aȱ residentialȱ propertyȱ inȱ
accordanceȱwithȱtheȱfollowingȱrequirements:ȱ
ȱ 1.ȱ Mulchȱ generatedȱ onȬsiteȱ forȱ useȱ inȱ residentialȱ yards,ȱ gardensȱ orȱ landscapingȱ shallȱ
consistȱ ofȱ chipped,ȱ shredded,ȱ orȱ groundȱ vegetation,ȱ Yardȱ Waste,ȱ cleanȱ andȱ processedȱ
recycledȱwoodȱproducts,ȱorȱmixedȱfoodȱwaste.ȱȱ
ȱ 2.ȱ MulchȱgeneratedȱonȬsiteȱmustȱbeȱusedȱonȱsite.ȱ
ȱ 3.ȱ MulchȱgeneratedȱonȬsiteȱforȱfutureȱuseȱmustȱbeȱstoredȱinȱaȱContainedȱArea.ȱ
C.ȱ Composting,ȱ Mulching,ȱ andȱ landȱ applicationȱ ofȱ Compostȱ andȱ Mulchȱ shallȱ beȱ conductedȱ
inȱ aȱ mannerȱ thatȱ preventsȱ theȱ dischargeȱ ofȱ materialȱ toȱ orȱ theȱ pollutionȱ ofȱ surfaceȱ waterȱ orȱ
groundwaterȱinȱ accordanceȱ withȱ theȱprovisionsȱ ofȱ theȱ Texasȱ Waterȱ Code,ȱ Chapterȱ 26,ȱ andȱ anyȱ
otherȱapplicableȱstatuteȱorȱregulation.ȱ
D.ȱ Composting,ȱ Mulching,ȱ andȱ landȱ applicationȱ ofȱ Compostȱ andȱ Mulchȱ shallȱ beȱ conductedȱ
inȱ aȱ sanitaryȱ mannerȱ thatȱ shallȱ notȱ createȱ nuisanceȱ conditions,ȱ asȱ prohibitedȱ byȱ theȱ Texasȱ
Healthȱ andȱ Safetyȱ Code,ȱ Chaptersȱ 341ȱ andȱ 382ȱ (relatingȱ toȱ Minimumȱ Standardsȱ ofȱ Sanitationȱ
andȱ Healthȱ Protectionȱ Measures;ȱ andȱ Cleanȱ Airȱ Act),ȱ theȱ Texasȱ Waterȱ Code,ȱ Chapterȱ 26ȱ
(relatingȱtoȱWaterȱQualityȱControl),ȱandȱanyȱotherȱapplicableȱstatuteȱorȱregulation.ȱ
E.ȱ ThisȱSectionȱdoesȱnotȱapplyȱtoȱNonȬResidentialȱCustomers.ȱ
Sec.ȱ13.12.040.ȱ–ȱWasteȱcollectionȱandȱchargesȱmandatory—Exceptions.ȱ
A.ȱ Required.ȱ
1.ȱ Exceptȱ asȱ otherwiseȱ providedȱ inȱ thisȱ Chapter,ȱ theȱ Contractorȱ willȱ beȱ theȱ exclusiveȱ
providerȱ ofȱ Wasteȱ Collectionȱ andȱ Disposalȱ Serviceȱ forȱ allȱ owners,ȱ occupants,ȱ tenantsȱ andȱ
lesseesȱusingȱorȱoccupyingȱanyȱbuilding,ȱhouseȱorȱstructureȱwithinȱCity.ȱ
2.ȱ Sinceȱ theȱ properȱ andȱ promptȱ removalȱ ofȱ wasteȱ isȱ essentialȱ toȱ theȱ preservationȱ ofȱ
publicȱ healthȱ andȱ safety,ȱ everyȱ person,ȱ owner,ȱ occupant,ȱ tenantȱ orȱ lessee,ȱ usingȱ orȱ
occupyingȱ anyȱ premisesȱ asȱ aȱ residenceȱ orȱ forȱ anyȱ nonȬresidentialȱ purposeȱ shallȱ beȱ
chargedȱ atȱ leastȱ theȱ minimumȱ chargeȱ setȱ forthȱ inȱ Sectionȱ 13.04.180ȱ ofȱ thisȱ Codeȱ forȱ theȱ
Wasteȱ Collectionȱ andȱ Disposalȱ Serviceȱ toȱ provideȱ forȱ equitableȱ distributionȱ ofȱ theȱ costȱ ofȱ
thisȱserviceȱforȱtheȱbenefitȱofȱtheȱentireȱcitizenry.ȱ
3.ȱ Whereȱ aȱ building,ȱ houseȱ orȱ structureȱ housesȱ multipleȱ entities,ȱ occupantsȱ orȱ tenants,ȱ
oneȱ personȱ orȱ entityȱ mayȱ electȱ toȱ beȱ responsibleȱ forȱ theȱ paymentȱ ofȱ chargesȱ forȱ Wasteȱ
Collectionȱ andȱ Disposalȱ Servicesȱ forȱ allȱ otherȱ Customersȱ inȱ theȱ building,ȱ houseȱ orȱ
structure.ȱȱTheȱelectionȱshallȱbeȱmadeȱinȱwritingȱandȱfiledȱwithȱtheȱUtilityȱDepartment.ȱȱInȱ
theȱ absenceȱ ofȱ suchȱ aȱ writtenȱ election,ȱ eachȱ Customerȱ inȱ theȱ buildingȱ willȱ beȱ chargedȱ forȱ
WasteȱCollectionȱandȱDisposalȱServicesȱonȱtheȱCustomer’sȱutilityȱbill.ȱ
B.ȱ Exceptions.ȱ
1.ȱ Unacceptableȱ Waste.ȱ Wasteȱ Collectionȱ andȱ Disposalȱ Serviceȱ doesȱ notȱ includeȱ
collectionȱ orȱ disposalȱ ofȱ Unacceptableȱ Waste.ȱȱUnacceptableȱ Wasteȱ mustȱ beȱ legallyȱ
disposedȱofȱthroughȱotherȱfacilitiesȱorȱservices.ȱ
2.ȱ RollȬOffȱContainers,ȱRollȬOffȱCompactorsȱandȱFrontȱLoadȱCompactors:ȱ
a.ȱ Theȱ Contractorȱ shallȱ provideȱ RollȬOffȱ Containers,ȱ RollȬOffȱ Compactors,ȱ andȱ
Frontȱ Loadȱ Compactorsȱ toȱ aȱ Customerȱ uponȱ aȱ Customer’sȱ request.ȱȱCustomerȱ shallȱ
beȱ chargedȱ forȱ RollȬOffȱ Containers,ȱ RollȬOffȱ Compactors,ȱ andȱ Frontȱ Loadȱ
CompactorsȱservicesȱbyȱtheȱContractorȱandȱtheȱCustomerȱshallȱpayȱtheȱContractorȱforȱ
suchȱservices.ȱ
b.ȱȱAȱ Customerȱ isȱ notȱ requiredȱ toȱ useȱ RollȬOffȱ Containers,ȱ RollȬOffȱ Compactors,ȱ
andȱFrontȱLoadȱCompactorsȱprovidedȱbyȱtheȱȱContractorȱif:ȱȱ
ȱi.ȱȱtheȱ transporterȱ isȱ theȱ generatorȱ ofȱ theȱ materialȱ beingȱ transportedȱ andȱ ownsȱ
theȱ RollȬOffȱ Container(s),ȱ RollȬOffȱ Compactor(s),ȱ andȱ Frontȱ Loadȱ Compactor(s),ȱ
andȱ theȱ truckȱ thatȱ servicesȱ theȱ RollȬOffȱ Container(s),ȱ RollȬOffȱ Compactor(s),ȱ andȱ
FrontȱLoadȱCompactor(s);ȱorȱȱ
ȱii.ȱ theȱ RollȬOffȱ Container(s),ȱ RollȬOffȱ Compactor(s),ȱ andȱ Frontȱ Loadȱ
Compactor(s)ȱisȱusedȱforȱRecyclableȱMaterials.ȱ
3.ȱ EnvironmentalȱServicesȱDepartmentȱExemption.ȱ
a.ȱ Customerȱ shallȱ fileȱ anȱ applicationȱ forȱ exemptionȱ withȱ theȱ Environmentalȱ
Servicesȱ Departmentȱ demonstratingȱ thatȱ thereȱ isȱ noȱ needȱ forȱ Wasteȱ Collectionȱ andȱ
DisposalȱServiceȱandȱthatȱoneȱofȱtheȱfollowingȱqualifiedȱexemptionsȱapplies:ȱ
ȱȱi.ȱ theȱbuildingȱorȱpropertyȱisȱemptyȱandȱunoccupied,ȱwithȱnoȱlawnȱservice;ȱ
ȱȱii.ȱȱȱȱtheȱpropertyȱisȱbeingȱusedȱforȱaȱcemeteryȱandȱdoesȱnotȱhaveȱanȱoffice;ȱorȱ
ȱȱiii.ȱȱȱtheȱpropertyȱisȱbeingȱusedȱforȱagriculturalȱpurposes.ȱ
ȱȱb.ȱ CustomerȱshallȱprovideȱdocumentationȱrequestedȱbyȱtheȱEnvironmentalȱServicesȱ
Departmentȱ andȱ shallȱ makeȱ theȱ propertyȱ availableȱ forȱ inspectionȱ ifȱ requestedȱ byȱ theȱ
EnvironmentalȱServicesȱDepartment.ȱ
ȱȱc.ȱ Theȱ Environmentalȱ Servicesȱ Departmentȱ shallȱ approveȱ theȱ applicationȱ forȱ
exemptionȱ ifȱ thereȱ isȱ noȱ needȱ forȱ Wasteȱ Collectionȱ andȱ Disposalȱ Servicesȱ andȱ aȱ
qualifiedȱexemptionȱapplies.ȱ
ȱ 4.ȱ Utilityȱ Departmentȱ Exemption.ȱȱȱAnȱ applicationȱ forȱ exemptionȱ isȱ filedȱ withȱ andȱ
approvedȱ byȱ theȱ Utilityȱ Officeȱ demonstratingȱ thatȱ aȱ propertyȱ isȱ bothȱ vacantȱ andȱ underȱ
contractȱtoȱsell.ȱ
ȱ a.ȱ Customerȱ shallȱ fileȱ anȱ applicationȱ forȱ exemptionȱ withȱ theȱ Utilityȱ Departmentȱ
demonstratingȱ thatȱ thereȱ isȱ noȱ needȱ forȱ Wasteȱ Collectionȱ andȱ Disposalȱ Servicesȱ andȱ
thatȱtheȱpropertyȱisȱbothȱvacantȱandȱunderȱcontractȱtoȱsell.ȱ
b.ȱ Customerȱ shallȱ provideȱ documentationȱ requestedȱ byȱ theȱ Utilityȱ Departmentȱ andȱ
shallȱ makeȱ theȱ propertyȱ availableȱ forȱ inspection,ȱ ifȱ requestedȱ byȱ theȱ Utilityȱ
Department.ȱ
ȱȱȱc.ȱ Theȱ Utilityȱ Departmentȱ shallȱ approveȱ theȱ applicationȱ forȱ exemptionȱ ifȱ thereȱ isȱ noȱ
needȱ forȱ Wasteȱ Collectionȱ andȱ Disposalȱ Serviceȱ andȱ theȱ propertyȱ isȱ bothȱ vacantȱ andȱ
underȱcontractȱtoȱsell.ȱ
C.ȱȱCommentsȱ concerningȱ theȱ Contractorȱ and/orȱ Wasteȱ Collectionȱ andȱ Disposalȱ Serviceȱ
shouldȱbeȱdirectedȱtoȱtheȱContractorȱorȱtoȱtheȱEnvironmentalȱServicesȱDepartment.ȱ
Sec.ȱ13.12.050.ȱȬȱCartsȱorȱDumpstersȱRequired.ȱ
Everyȱ owner,ȱ agent,ȱ lessee,ȱ tenantȱ orȱ occupantȱ ofȱ anyȱ residence,ȱ building,ȱ structure,ȱ orȱ
commercialȱ establishmentȱ whereȱ personsȱ reside,ȱ occupy,ȱ boardȱ orȱ lodge,ȱ orȱ whereȱ animalȱ orȱ
vegetableȱ foodȱ isȱ preparedȱ orȱ served,ȱ shallȱ provideȱ theȱ residence,ȱ building,ȱ structureȱ orȱ
commercialȱ establishmentȱ withȱ aȱ Cartȱ orȱ Dumpster,ȱ andȱ shallȱ maintainȱ theȱ Cartȱ orȱ Dumpsterȱ
inȱ goodȱ orderȱ andȱ repair.ȱ Aȱ feeȱ forȱ lostȱ orȱ stolenȱ Cartsȱ orȱ Dumpstersȱ shallȱ beȱ chargedȱ inȱ
accordanceȱwithȱSubsectionȱ13.04.180ȱEȱofȱthisȱCode.ȱ
Sec.ȱ13.12.060.ȱȬȱCollectionȱofȱSolidȱWasteȱandȱRecyclableȱMaterials.ȱ
A.ȱ TheȱContractorȱshallȱprovideȱRoadsideȱpickupȱandȱdisposalȱofȱSolidȱWasteȱandȱRecyclableȱ
Materialsȱ toȱ allȱ Residentialȱ Customers.ȱ Theȱ frequencyȱ andȱ allowableȱ volumesȱ ofȱ suchȱ
collectionȱshallȱbeȱestablishedȱbyȱtheȱCityȱCouncilȱfromȱtimeȱtoȱtime.ȱ
B.ȱ Theȱ Contractorȱ shallȱ provideȱ pickupȱ andȱ disposalȱ ofȱ Solidȱ Wasteȱ toȱ allȱ NonȬresidentialȱ
Customers.ȱȱUponȱ requestȱ ofȱ NonȬresidentialȱ Customer,ȱ inȱ designatedȱ areasȱ ofȱ theȱ City,ȱ theȱ
Contractorȱ shallȱ provideȱ NonȬresidentialȱ Customersȱ withȱ pickupȱ andȱ disposalȱ ofȱ Recyclableȱ
Materials.ȱ Theȱ frequencyȱ andȱ allowableȱ volumesȱ ofȱ suchȱ collectionȱ shallȱ beȱ establishedȱ byȱ theȱ
CityȱCouncilȱfromȱtimeȱtoȱtime.ȱȱ
C.ȱ Theȱownerȱandȱtheȱoccupant,ȱtenantȱorȱlesseeȱofȱtheȱpropertyȱservedȱbyȱtheȱContractorȱareȱ
eachȱ responsibleȱ forȱ complianceȱ withȱ thisȱ Chapter.ȱ Theȱ Cityȇsȱ utilityȱ billingȱ recordsȱ areȱ primaȱ
facieȱevidenceȱofȱtheȱidentityȱofȱtheȱutilityȱaccountȱholder.ȱȱ
D.ȱ Allȱ Trashȱ shallȱ beȱ placedȱ forȱ collectionȱ onlyȱ inȱ Bagsȱ andȱ Carts,ȱ orȱ Dumpstersȱ forȱ NonȬ
ResidentialȱCustomers.ȱ
E.ȱ Bulkyȱ Wasteȱ collectionȱ isȱ availableȱ byȱ appointmentȱ only.ȱȱCustomerȱ shallȱ scheduleȱ theȱ
appointmentȱ forȱ Bulkyȱ Wasteȱ collectionȱ directlyȱ withȱ theȱ Contractor.ȱȱBulkyȱ Wasteȱ shallȱ beȱ
placedȱ onȱ theȱ Roadsideȱ forȱ collectionȱ noȱ moreȱ thanȱ 24ȱ hoursȱ priorȱ toȱ theȱ scheduledȱ collectionȱ
day.ȱ
F.ȱ YardȱWasteȱ mustȱ beȱsecurelyȱ tiedȱ togetherȱinȱ Bundlesȱ notȱexceedingȱfourȱfeetȱ inȱlengthȱorȱ
35ȱlbs.ȱinȱweight.ȱ
G.ȱ Bags,ȱ Carts,ȱ Recyclingȱ Bins,ȱ andȱ Recyclingȱ Containersȱ shallȱ beȱ placedȱ forȱ collectionȱ
betweenȱ 5:00ȱ p.m.ȱ theȱ nightȱ precedingȱ collectionȱ dayȱ andȱ 7:00ȱ a.m.ȱ ofȱ collectionȱ dayȱ andȱ shallȱ
beȱ placedȱ asȱ closeȱ toȱ theȱ Roadsideȱ asȱ practicableȱ withoutȱ interferingȱ withȱ vehiclesȱ orȱ
pedestrians.ȱȱCarts,ȱ Recyclingȱ Bins,ȱ Recyclingȱ Containers,ȱ andȱ Bagsȱ notȱ collectedȱ onȱ collectionȱ
day,ȱshallȱbeȱremovedȱfromȱtheȱRoadsideȱbyȱ7ȱa.m.ȱtheȱdayȱfollowingȱtheȱcollectionȱday.ȱ
H.ȱ Onlyȱ Recyclableȱ Materialsȱ approvedȱ byȱ theȱ Cityȱ shallȱ beȱ placedȱ inȱ Recyclingȱ Binsȱ andȱ
RecyclingȱContainers.ȱ
Sec.ȱ13.12.070.ȱȬȱUseȱofȱanotherȇsȱCartȱorȱDumpster—Meddlingȱwithȱorȱscatteringȱcontentsȱofȱ
aȱRecyclingȱBin,ȱRecyclingȱContainer,ȱCartȱorȱDumpster.ȱ
A.ȱ ItȱisȱaȱviolationȱofȱthisȱChapter:ȱ
ȱ
ȱ 1.ȱ forȱ anyȱ owner,ȱ occupant,ȱ tenantȱ orȱ lessee,ȱ usingȱ orȱ occupyingȱ aȱ building,ȱ houseȱ orȱ
structureȱ asȱ aȱ separateȱ unit,ȱ toȱ utilizeȱ theȱ Cartȱ orȱ Dumpsterȱ ofȱ anotherȱ owner,ȱ occupant,ȱ
tenantȱorȱlesseeȱforȱtheȱdisposalȱofȱSolidȱWasteȱtoȱ evadeȱtheȱpaymentȱofȱchargesȱforȱWasteȱ
CollectionȱandȱDisposalȱServices;ȱ
ȱ
ȱ 2.ȱ forȱ anyȱ personȱ toȱ meddleȱ withȱ anyȱ Bag,ȱ Cart,ȱ Dumpster,ȱ Recyclingȱ Binȱ orȱ Recyclingȱ
Containerȱ unlessȱ suchȱ Bag,ȱ Cart,ȱ Dumpster,ȱ Recyclingȱ Binȱ orȱ Recyclingȱ Containerȱ isȱ
ownedȱ orȱ controlledȱ byȱ suchȱ person,ȱ orȱ unlessȱ suchȱ personȱ isȱ anȱ authorizedȱ collectorȱ ofȱ
theȱcontentsȱunderȱthisȱChapter;ȱorȱ
ȱ
ȱ 3.ȱ forȱ anyȱ personȱ toȱ scatter,ȱ scavengeȱ from,ȱ disturb,ȱ orȱ removeȱ theȱ contentsȱ ofȱ anyȱ Bag,ȱ
Cart,ȱDumpster,ȱRecyclingȱBin,ȱorȱRecyclingȱContainer.ȱ
B.ȱ Exception.ȱ NonȬresidentialȱ Customersȱ thatȱ areȱ adjacentȱ toȱ orȱ withinȱ theȱ sameȱ complexȱ
mayȱ shareȱ aȱ Dumpsterȱ underȱ theȱ followingȱ circumstances,ȱ ifȱ authorizedȱ inȱ writingȱ byȱ theȱ
EnvironmentalȱServicesȱDepartment.ȱ
ȱ 1.ȱ Oneȱ NonȬresidentialȱ Customerȱ (primary)ȱ mustȱ takeȱ fullȱ responsibilityȱ forȱ theȱ costȱ ofȱ
theȱDumpsterȱandȱincludeȱitȱonȱtheirȱutilityȱbill.ȱ
ȱ 2.ȱ Theȱ primaryȱ Customerȱ mustȱ provideȱ theȱ Environmentalȱ Servicesȱ Departmentȱ withȱ
writtenȱauthorizationȱforȱotherȱNonȬresidentialȱCustomersȱtoȱshareȱtheȱDumpsterȱ
ȱ 3.ȱ Determinationȱ ofȱ howȱ theȱ costȱ ofȱ theȱ Dumpsterȱ willȱ beȱ sharedȱ betweenȱ theȱ NonȬ
residentialȱCustomersȱisȱtheȱresponsibilityȱofȱtheȱNonȬresidentialȱCustomers.ȱ
Sec.ȱ13.12.080.ȱȬȱRatesȱgenerally.ȱ
Theȱ ratesȱ forȱ Wasteȱ Collectionȱ andȱ Disposalȱ Serviceȱ underȱ theȱ provisionsȱ ofȱ thisȱ Chapterȱ shallȱ
beȱ determinedȱ andȱ fixedȱ byȱ theȱ Cityȱ Council.ȱ Suchȱ ratesȱ shallȱ atȱ leastȱ beȱ inȱ anȱ amountȱ
necessaryȱ toȱ meetȱ theȱ costȱ ofȱ theȱ Wasteȱ Collectionȱ andȱ Disposalȱ Serviceȱ underȱ thisȱ Chapter.ȱ
Wasteȱ Collectionȱ andȱ Disposalȱ Serviceȱ ratesȱ shallȱ beȱ availableȱ inȱ writingȱ atȱ theȱ Environmentalȱ
ServicesȱDepartmentȱandȱtheȱUtilityȱDepartmentȱofficesȱduringȱbusinessȱhours.ȱ
Sec.ȱ13.12.090.ȱȬȱReserved.ȱ
Sec.ȱ13.12.100.ȱȬȱFailureȱtoȱpayȱcharges—ȱSuspensionȱofȱutilityȱservice.ȱ
TheȱCityȱshallȱbillȱchargesȱforȱWasteȱCollectionȱandȱDisposalȱServiceȱtoȱtheȱCustomerȱmonthly.ȱȱ
TheȱCustomerȱmustȱpayȱtheȱallȱbilledȱchargesȱwhenȱdue.ȱȱIfȱallȱchargesȱareȱ notȱpaidȱwhenȱdue,ȱ
theȱ Cityȱ hasȱtheȱrightȱ toȱsuspendȱ WasteȱCollectionȱandȱ DisposalȱServicesȱ andȱanyȱ otherȱUtilityȱ
Service.ȱȱUtilityȱ Serviceȱ shallȱ notȱ beȱ resumedȱ untilȱ allȱ chargesȱ dueȱ haveȱ beenȱ paidȱ inȱ full,ȱ
includingȱadditionalȱchargesȱforȱdisconnectionȱandȱresumptionȱofȱUtilityȱService.ȱSuchȱchargesȱ
areȱ fixed,ȱ andȱ mayȱ beȱ increasedȱ orȱ decreased,ȱ byȱ Cityȱ Council.ȱȱChargesȱ areȱ availableȱ inȱ
writingȱ atȱ theȱ Environmentalȱ Servicesȱ Departmentȱ andȱ theȱ Utilityȱ Departmentȱ officesȱ duringȱ
businessȱhours.ȱȱ
City of Georgetown, Texas
August 9, 2011
SUBJECT:
Sec. 551.071: Consultation with Attorney
- Advice from attorney about pending litigation that has been filed against the City or contemplated litigation
and other matters on which the attorney has a duty to advise the City Council, including but not limited to
this week's agenda item
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Cover Memo
Item # F
City of Georgetown, Texas
August 9, 2011
SUBJECT:
Sec. 551.072: Deliberation about Real Property
- Discussion and deliberations concerning a proposed Real Estate Purchase Contract for the purchase of real
property from the Charles N. Avery, III, John S. Avery, A. Nelson Avery and Lucille Christina Avery Fell,
Co-trustees of the John S. Avery Exempt Trust, the Charles N. Avery, III Exempt Trust, the A. Nelson Avery
Exempt Trust and the Lucille Christina Avery Fell Exempt Trust, each pursuant to a Trust Instrument dated
December 24, 1992, for street right-of-way in connection with the Southeast Arterial One Road Project --
Edward Polasek, AICP, Transportation Services Director and Terri Calhoun, Real Estate Services
Coordinator
- GUS Satellite Service Center Property Update
- Rivery Update
- Cimarron Hills Update
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Cover Memo
Item # G
City of Georgetown, Texas
August 9, 2011
SUBJECT:
Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental body has
received from a business prospect that the City Council seeks to have locate, stay or expand in or near the
territory of the City and with which the City Council is conducting economic development negotiations; or to
deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have
locate, stay or expand in or near the territory of the City and with which the City Council is conducting
economic development negotiations.
- Project Grape
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Cover Memo
Item # H
Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
AUGUST 9, 2011
The Georgetown City Council will meet on AUGUST 9, 2011 at 3:00 P.M. at the Council Chambers at 101
E. 7th Street
If you need accommodations for a disability, please notify the city in advance.
Policy Development/Review Workshop -
A Public Hearing on the proposed 2011 Property Tax rate included in the 2011/12 Annual Budget -- Micki
Rundell, Chief Financial Officer
B Discussion and possible action regarding funding allocations for contracted social services and youth
programs for 2011/2012 budget year -- Mayor George Garver
C Citygate Study and Presentation -- Robert Fite, Fire Chief and Micki Rundell, Chief Financial Officer
D ESD/Council Budget Workshop -- Robert Fite, Fire Chief and Micki Rundell, Chief Financial Officer
E Presentation and discussion of suggested revisions to the Garbage Collection Ordinance, Chapter 13.12 of
the Code of Ordinances -- Rachel Osgood, Environmental Services Coordinator and Kathy Ragsdale,
Environmental and Conservation Services Director
Executive Session
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the regular
session.
F Sec. 551.071: Consultation with Attorney
- Advice from attorney about pending litigation that has been filed against the City or contemplated
litigation and other matters on which the attorney has a duty to advise the City Council, including but not
limited to this week's agenda item
G Sec. 551.072: Deliberation about Real Property
- Discussion and deliberations concerning a proposed Real Estate Purchase Contract for the purchase of
real property from the Charles N. Avery, III, John S. Avery, A. Nelson Avery and Lucille Christina
Avery Fell, Co -trustees of the John S. Avery Exempt Trust, the Charles N. Avery, III Exempt Trust, the
A. Nelson Avery Exempt Trust and the Lucille Christina Avery Fell Exempt Trust, each pursuant to a
Trust Instrument dated December 24, 1992, for street right-of-way in connection with the Southeast
Arterial One Road Project -- Edward Polasek, AICP, Transportation Services Director and Terri Calhoun,
Real Estate Services Coordinator
- GUS Satellite Service Center Property Update
- Rivery Update
- Cimarron Hills Update
H Sec. 551.087: Deliberation Regarding Economic Development Negotiations
- Discussions or deliberations regarding commercial or financial information that the governmental body
has received from a business prospect that the City Council seeks to have locate, stay or expand in or near
the territory of the City and with which the City Council is conducting economic development
negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City
Council seeks to have locate, stay or expand in or near the territory of the City and with which the City
Council is conducting economic development negotiations.
- Project Grape
Adjournment
Certificate of Posting
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the 3_ day of , 2011, at l : ZO and remained so posted for at least
J7)ontinuous hours preceding the s eduled time of said meeting.
a Brettle, City Secretary