O-1216-1-94ORDINANCE NO. 1216-1-94
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, PROVIDING FOR THE USE OF REUSABLE POLY -CARTS
FOR WEEKLY GARBAGE COLLECTION; PROVIDING FOR MONTHLY
BULKY WASTES COLLECTION; PROVIDING FOR PENALTIES AND WATER
DISCONTINUATION FOR NONPAYMENT OF GARBAGE AND RECYCLING
FEES; PROHIBITING THE COMMINGLING OF GRASS CLIPPINGS AND
LEAVES WITH GARBAGE; PROVIDING FOR A SEPARATE COLLECTION
SERVICE FOR GRASS CLIPPINGS AND LEAVES; PROVIDING A FEE
SCHEDULE FOR ALL RESIDENTIAL AND COMMERCIAL GARBAGE,
RECYCLING AND RELATED SERVICES; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Texas Legislature has adopted a statewide goal to reduce the municipal waste stream
by forty percent (40%) by January 1994; and,
WHEREAS, the City's curbside recycling program has successfully diverted nine percent (9%) of
Allen's waste stream away from landfills, saving over $20,000 in fiscal year 1993; and,
WHEREAS, the Allen City Council finds the opportunity exists to further reduce costs to Allen residents
and benefit the natural environment by eliminating grass clippings and leaves from the municipal waste
stream; and,
WHEREAS, the City Council believes additional efficiencies and cost reductions will occur by the use
of a fully automated garbage collection system; and,
WHEREAS, BFI Waste Systems, the City's garbage and recycling contractor, has not received a rate
increase for residential garbage collection since January, 1991, nor for commercial garbage collection
since March, 1992; and,
WHEREAS, the Council has identified certain technical corrections are needed to improve the original
recycling ordinance, adopted in April, 1992;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS:
SECTION 1: That when used in this Ordinance and in Chapter 6, Article III of the City of Allen Code
of Ordinances, "unusual accumulations" shall mean (a) for residences, each bulky wastes collection,
more than five (5) bulky objects or more than five (5) bundles of tree trimmings; (b) for commercial
establishments, accumulations that would not occur in the ordinary course of business; and (c) for
subscribers to grass and leaf service, each collection day, more than seven (7) bags of grass and/or
leaves.
SECTION 2: That every owner, tenant or occupant shall use reusable poly -carts provided by the City's
contractor for garbage receptacles, or such other containers as authorized by ordinance. Poly -carts shall
remain the property of the City's contractor and shall not be removed from the property when changing
residences or for any reason other than replacement.
SECTION 3: Poly -carts shall not be used for any purpose other than to contain and remove garbage.
Garbage placed within poly -carts shall be contained in either plastic or paper bags to prevent the contents
from blowing when the cart is being emptied. No one shall put construction debris, hot ashes, oil,
corrosive solvents, pool chemicals, car batteries or any other hazardous substances into poly -carts. The
City Manager or his designate may establish regulations regarding the use of poly -carts to ensure
efficient garbage collection, to prevent their theft and to maintain their good condition.
SECTION 4: That effective April 1, 1994, the collection of regular garbage shall be one time weekly
or as often as necessary as determined by the city manager or a person designated by him.
SECTION 5: That effective April 1, 1994, standard collection of bulky objects and tree trimmings from
residential customers will be provided one time monthly to residential customers and others using poly -
carts for garbage collection. For the purposes of this collection service, tree trimmings shall be tied into
bundles not longer than four (4) feet in any dimension nor heavier than forty (40) pounds in weight.
Special collections for unusual accumulations of bulky objects and tree trimmings shall be made for a
fee, charged in accordance with the rate or fee schedule attached to this Ordinance as Exhibit "A" and
made a part hereof for all purposes.
SECTION 6: That effective April 1, 1994, the collection and removal of garbage in reusable poly -carts
from residential premises, one time per week, and of bulky objects and tree trimmings from residential
premises one time per month, shall be made for a fee charge of seven dollars and forty cents ($7.40)
per residential unit for each calendar month. Any customer who routinely has enough garbage
accumulation to require an additional poly -cart shall pay an additional fee for each calendar month. The
contractor will deliver every customer's initial poly -cart at no charge to the resident, but any customer
whose poly -cart has been lost or stolen shall pay a fee for a replacement poly -cart. The rates to be
charged and collected by the City shall be in accordance with the rate or fee schedule attached to this
Ordinance as Exhibit "A" and made a part hereof for all purposes.
SECTION 7: That the charges for garbage and recycling services shall be included on the monthly
utility bill of the occupant. All residential single-family, duplex and trailer home utility customers shall
receive garbage and recycling services. Rates and charges shall be due and payable on the date so
indicated on the utility bill. Should the amount due on the date so indicated not be paid in full, a ten
percent (10%) penalty shall be added to the amount due and unpaid. The customer is subject to water
service discontinuation on the eighth day after the bill becomes due. A customer's utility deposit shall
be applied for payment of the customer's final garbage and recycling bill only after satisfying all amounts
owing for water and sewer services.
SECTION 8: That effective April 1, 1994, the placement or commingling of grass clippings and leaves
with garbage for the purposes of garbage collection service is prohibited.
SECTION 9: That effective April 1, 1994, the collection and removal of grass clippings and leaves
from residential premises, one time per week, shall be an optional, subscription service made for a fee
charge of $22.50 per four-month cycle. The contractor will provide service and bill subscribers directly
for this service. Subscribers shall pay the fee in full for each cycle to which they subscribe before
receiving service. The first four-month cycle shall begin March 1 and end June 30 of each year; the
Ordinance No. 1216-1-94 Page 2
second cycle shall begin July 1 and end October 31 of each year; and the third cycle shall begin
November 1 and end February 28 of each year. Residents wanting to begin subscription grass and leaf
service during the course of a cycle may pay a smaller amount prorated for each month during which
the service is provided to the customers. Partial months may be payable as full months. Subscribers
who choose to discontinue service during the course of a cycle shall not receive refunds for fees already
paid. Special collections for unusual accumulations of grass and leaves shall be made for a fee, charged
in accordance with Exhibit "A" to this Ordinance. Grass and leaves shall be placed in plastic garbage
bags purchased by subscribers and shall have openings securely closed. Each bag shall contain no more
than forty-six (46) gallons volume of grass clippings and/or leaves. The City's contractor shall ensure
that grass and leaves collected by this service are composted.
SECTION 10: That effective February 1, 1994, the minimum charge for commercial and institutional
garbage collections shall be seven dollars and forty cents ($7.40) per month. The contractor will provide
service and bill customers for all categories of collection for which fees are established. The rates to
be charged and collected by the contractor shall be in accordance with Exhibit "A" to this Ordinance.
SECTION 11: That the City Manager is hereby authorized to develop and execute amendments to the
contract between the City and the City's contractor that reflect changes contained in this Ordinance,
without further action by the City Council.
SECTION 12: That all ordinances of the City of Allen in conflict with the provisions of this Ordinance
shall be, and the same are hereby, repealed; provided, however, all other provisions of said ordinance
not in conflict herewith shall remain in full force and effect.
SECTION 13: That the caption of this Ordinance shall be published one time in a newspaper of weekly
circulation in the City of Allen, Texas, and shall take effect immediately upon adoption and such
publication.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS ON THIS THE 20TH DAY OF JANUARY, 1994.
APPROVED:
5�/
e Farmer, MAYOR
APPROVED AS TO FORM: ATTEST:
V&L)
A. Don Cro er, CITY Y C)JyUMo61_son, CMC, CITY SECRETARY
Ordinance No. 1216-1-94 Page 3
Ordinance No. 1216-1-94
EXHIBIT "A"
I. SOLID WASTE COLLECTION AND DISPOSAL.
RESIDENTIAL: effective April 1, 1994.
Residential Single -Family
Duplex Unit - Per Unit
Trailer Park - Per Unit
Second poly -cart collection - Per Unit
Replace first lost/stolen poly -cart, per customer
Replace second lost/stolen poly -cart, per customer
Special Collections: Bulky Wastes only
COMMERCIAL: effective February 1, 1994.
Side -loading poly -carts:
One (1) poly -cart
Two (2) poly -carts
Three (3) poly -carts
Front -loading dumpsters:
Delivery and Exchange
2 cu. yd., one time per week
two times per week
3 cu. yd., one time per week
two times per week
three times per week
4 cu. yd., one time per week
two times per week
three times per week
four times per week
6 cu. yd., one time per week
two times per week
three times per week
four times per week
five times per week
six times per week
$7.40/month
$7.40/month
$7.40/month
$3.20/month
$50.00
$65.00
$1.00/minute
($10.00 minimum)
$7.40/month
$13.80/month
$20.20/month
$40.00
$32.34/month
$55.49/month
$43.58/month
$70.59/month
$96.26/month
$51.98/month
$93.34/month
$137.80/month
$168.13/month
$68.32/month
$115.12/month
$180.24/month
$243.83/month
$313.29/month
$388.41 /month
8 cu. yd., one time per week $88.65/month
Page 2
Exhibit "A" to Ordinance No. 1216-1-94
January 20, 1994
two times per week $159.72/month
three times per week $236.57/month
four times per week $321.15/month
five times per week $378.03/month
six times per week $447.63/month
Extra pickups:
3 and 4 cu. yd. containers $24.63
6 and 8 cu. yd. containers $30.11
Refills:
3 and 4 cu. yd. containers $22.28
6 and 8 cu. yd. containers $25.41
Delivery and Exchange
Rent - all sizes
6 cu. yds.
8 cu. yds.
30 cu. yds.
42 cu. yds.
Delivery and Exchange
Rent
30 cu. yds.
OTHER CHARGES
Tires
Dead Animals (dogs and cats only)
Provide Hasps
Returned Check Charge
Compactor containers:
$50.00
$5.00/day
$33.37/load
$43.99/load
$96.12/load
plus $15.62/ton
$96.12/load
plus $15.62/ton
Roll -off containers:
$50.00
$5.00/day
$152.00/load
plus $15.62/ton
$5.00 each
$6.00 each
$35.00 one time
$15.00
Page 3
Exhibit "A" to Ordinance No. 1216-1-94
January 20, 1994
II. GRASS CLIPPINGS AND LEAVES: by subscription, effective April 1, 1994.
Grass and Leaves $22.50/four-month cycle
Special Collections $1.00/minute
($10.00 minimum)
III. RECYCLING: effective April 1, 1994.
RESIDENTIAL
Residential Single -Family $2.00/month
Duplex Unit - Per Unit $2.00/month
Trailer Park - Per Unit $2.00/month
Replace lost/stolen recycling bin $2.50
CONEWERCIAL
90 -gallon Toter:
One time per month $6.00/month
Two times per month $9.00/month
Front -End Containers:
Delivery and Exchange
$40.00
Rental, 4 cu. yds.
$15.00/month
6 cu. yds.
$20.00/month
8 cu. yds.
$25.00/month
Service, all sizes $10.00/load
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn, on oath
deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once
a week, having a general circulation in said county, and having been published
regularly and continously for more than twelve (12) months prior to publishing
Ordinance #1216-1-94
of which the attached is a true and written copy, and which was published in THE
ALLENAMERICANon Wed. Jan 26, 1994 & Sun. Jan 30, 1994
and which was issued on January 26, 1994
by City of Allen of COLLIN COUNTY,TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this A day of�—� .A.D 19i? /
,F:,o�• ros .. V. A. TODD
MY COMMISSION EXPIRES
December 5 1986
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 31 . 5 0
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
January 6, 1994 (Title only)
Ordinance No 1216-1-94. An Ordinance
of the City of Allen, Collin County, Texas,
Providing for the Use of Reusable Poly -
Carts for Weekly Garbage Collection, Pro-
viding for Monthly Bulky Wastes Collec
tion, Providing for Penalties and Water Dis-
continuation Nonpayment of Garbage and
Recycling Fees, Prohibiting the Commin-
gling of Grass Clippings and Leaves with
Garbage, Providing for a Separate.Collec-
tion Service for Grass Clippings and
Leaves, Providmg a Fee Schedule for all
Residential and Commercial Garbage, Re
cycling and Related Services, Providing a
Repealing Clause, Providing a Severability
Clause, and Providing for an Effective
Date.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002
s Judy Morrison
Ctv Secretary
CITY OF ALLEN
PUBLIC NOTICE
I Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
January 6, 1994 (Title only):
Ordinance No. 1216-1-94: An Ordinance
of the City of Allen, Collin County, Texas,
Providing for the Use of Reusable Poly -
Carts for Weekly Garbage Collection; Pro-
viding for Monthly Bulky Wastes Collec-
tion; Providing for Penalties and Water Dis-
continuation Nonpayment of Garbage and
Recycling Fees; Prohibiting the Commin-
gling of Grass Clippings and Leaves with
Garbage; Providing for a Separate Collec-
tion Service ,for Grass Clippings and
Leaves; Providing a Fee Schedule for all
Residential and Commercial Garbage, Re-
cycling and Related Services; Providing a
Repealing Clause; Providing a Severability
IClause; and Providing for an Effective
Date.
A copy of this ordinance may be read o
purchased in the office of the City Secret
ary, City of Allen, One Butler Circle, Allen
Texas 75002.
/s/ Judy Morrison
City_Secretary