Agenda Information Sheet January 24, 2019

Page 36 Agenda Information Sheet January 24, 2019 Agenda Item Consider approval of an ordinance amending Chapter 14 of the Code of Ordinances entitled Garbage, Trash, and Weeds repealing and amending certain sections regarding method of garbage collection. (Director of Community & Economic Development) Background & Summary of Request: This purpose in this amendment is to reduce conflicting languages found in various sections of Chapter 14 as it relates to the method of collection. Attached is a redlined version of the ordinance that illustrates the changes being proposed. The changes proposed only apply to collection method and do not change any collection rates. Attachments: 1. Redlined Version of Ordinance 2. Adopting Ordinance

Page 37 Sec. 14-1. - Authority and purpose. (a) The purpose of this article is to protect the health of the citizens of the city by regulating the collection and transportation of garbage and solid waste. (b) The regulations are based on the home rule authority of the City of Marshall, City Charter, Texas Constitution and Texas Statutes including Chapter 363, Health and Safety Code. (Ord. No. O-03-03, 2, 2-13-2003) Sec. 14-2. - Definitions. As used in this chapter, the following terms have the respective meanings ascribed to them: Bags: Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed thirty-five (35) pounds. Bin: Metal receptacle designed to be lifted and emptied mechanically for use only at commercial and industrial units; also known as a dumpster or container. Bulky waste: Residential refuse which because of its size or other characteristics is unsuitable for collection in bags and which requires special handing by the city. Bundle waste: Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding three (3) feet in length or thirty-five (35) pounds. City: City of Marshall, Texas and/or the city's agent authorized under and by virtue of a contract with the city to collect recyclable and/or refuse materials with the city limits. Commercial account: Solid waste disposal and collection service provided in reusable containers at any location other than a single-family residence or duplex. Commercial or industrial unit: Any premises, location or entity, public or private, requiring garbage and rubbish collection within the corporate limits of the city and not a residential unit. Construction debris: Waste building materials resulting from construction, remodeling, repair or demolition operations of all types of buildings. Disposal site: A solid waste depository that has been officially designated by the city for receipt of solid waste as directed by the city. Disposal sites shall include, but are not limited to sanitary landfills, processing/separation centers licensed, permitted or approved by all governmental entities having jurisdiction over said state. 1

Page 38 Garbage: All normal and usual household and institutional waste products that may be placed in approved receptacles for collection purposes and are usually a mixture of combustible and incombustible materials, such as organic wastes from food preparation and consumption, wrapping and packing materials, metal, glass and plastic containers or other animal or vegetable matter; except (in all cases) any matter included in the definition of bundle waste, construction debris, dead animals, hazardous waste, special waste or rubbish. Hazardous waste: Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the state to be hazardous as that term is defined by or pursuant of federal or state law. Premises: Any residential unit, commercial/industrial unit, vacant lot, and all other property within the city limits. Receptacle: A bag, garbage container, or bin authorized according to the collection method chosen by the city to receive garbage, rubbish, or bundle waste from premises within the city. Residential refuse: All residential solid waste, except for hazardous wastes, special wastes and other wastes specially defined herein. Residential unit: A dwelling within the corporate city limits of the city occupied by a person or group of persons compromising not more than four (4) families. A residential unit shall be deemed occupied when either water or domestic power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four (4) or less contiguous or separate single-family dwellings within any such residential unit shall be billed separately as a residential unit. Rubbish: All waste wood, wood products, grass cuttings, tree limbs of length not to exceed eight (8) feet in length and five (5) limbs in number, dead plants, weeds, leaves, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packing, or wrapping crockery or glass; ashes, cinders, floor sweepings, glass, mineral or metallic substances, as well as any and all other waste materials not included in the definition of bulky waste, construction debris, dead animals, garbage, hazardous waste, or special waste so long as such rubbish is placed in an authorized receptacle. Solid waste: All rubbish, garbage, bulky, bundled waste or construction debris generated within the city. Special waste: Any solid waste or combination of solid wastes that because of its quantity, concentration, physical or chemical characteristics or biological properties require special 2

Page 39 handling and disposal to protect the human health or the environment, and other wastes as defined by the Texas Commission on Environmental Quality or other governmental entities. (Ord. No. O-03-03, 2, 2-13-2003) Sec. 14-3. - Penalty. Any person who shall violate any of the provisions of this chapter shall be deemed guilty of violating an ordinance governing public health and sanitation which is a misdemeanor and, upon conviction thereof in the municipal court of the city, shall be punishable by a fine up to the maximum amount provided by law, such fine currently being two thousand dollars ($2,000.00). (Ord. No. O-03-03, 2, 2-13-2003) Sec. 14-4. - Authorized collector. The city and/or its designated agent operating under contractual agreement with the city shall be the exclusive provider of residential and commercial garbage, rubbish, recycling, construction debris, and refuse collection and disposal services for all premises within the city and it shall be unlawful for any person or corporation to provide residential or commercial garbage, rubbish, recycling, construction debris, or refuse collection or disposal services to any person for compensation within the city, or make use of the public streets for that purpose, without first obtaining an approved service agreement with the city. (Ord. No. O-03-03, 2, 2-13-2003) Sec. 14-5. - Garbage collection and charges mandatory. (a) The charges fixed in this chapter for the removal and disposal of all garbage, trash, refuse or other waste material are levied by the city against all owners, occupants, tenants, or lessees using or occupying any building, house or structure receiving such service. (b) Unless otherwise 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 and/or the city's designated waste disposal services. Sec. 14-6. - Method of collection and receptacles. (a) Garbage and other solid waste shall be deposited in a contractor issued bin or cart collected by bag, garbage, container, or bin. All 96-gallon trash and recycling carts shall be placed at curbside by 7:00 a.m. on designated collection days, but carts and recycling containers shall not be placed out for collection earlier than 7:00 p.m. before the day of scheduled collection. Carts also must be placed at least four feet from mailboxes or obstructions such as vehicles. Carts must be removed from curbside within 24 hours of service or service may be suspended. 3

Page 40 Carts must be stored behind the front house setback or services may be suspended. Trash outside the cart will not be picked up. The cart should be placed at the edge of the street with the lid closed and 4 feet of clearance space on either side of the cart. Please place the Cart handle shall face the house, and within 3 feet of the curb. Overloaded carts will not be serviced. (b) All premises receiving solid waste collection service must utilize the type of receptacle for placement of all their solid waste as designated by and according to the method of collection utilized by the city or its agent. Residential-type service or hand collected premises shall utilize bags or garbage containers meeting the requirements set out in this chapter section 14-2 for placement of all their solid waste. Bin collected premises shall utilize the bin provided and by the city or its agent for placement of all their solid waste. (c) It shall be the responsibility of the owners and/or occupants of premises receiving residential service collection to place their receptacle at street side or curbside for collection, no earlier than 6:00 a.m. of the scheduled day for collection. If street side hand collection is not feasible, the owner and/or occupant of such premises shall place his receptacle at a place most accessible. (dc) All owners and/or occupants of premises receiving bin solid waste collection service shall place all their solid waste designated for collection within the bin assigned to them by the city's agent for their use in solid waste collection. (Ord. No. O-03-03, 2, 2-13-2003) Sec. 14-7. - Bundle waste collection requirements. Bundle waste shall be prepared in accordance with the requirements of section 14-2 and placed street side or curbside for collection. Sec. 14-8. - Collection and disposal of commercial solid waste. No person or corporation shall engage in the business of collecting and disposing of solid waste from commercial accounts through the use of reusable containers located within the city, no person shall use the public streets, alleys and thoroughfares within the corporate limits of the city for the purpose of engaging in such business, other than a person who has executed a contract with the city providing therefore. Sec. 14-9. Rates for city refuse collection - all rates will be assessed sales tax: (a) The following rates shall be charged for each monthly period to all customers of the garbage collection of the system of Marshall. 4

Page 41 All 95-gallon trash and recycling carts shall be placed at curbside by 7:00 a.m. on designated collection days, but carts and recycling containers shall not be placed out for collection earlier than 7:00 p.m. before the day of scheduled collection. Carts also must be placed at least four feet from mailboxes or obstructions such as vehicles. Carts must be removed from curbside within 24 hours of service or service may be suspended. Carts must be stored BEHIND the front house setback or services may be suspended. Trash outside the cart will not be picked up. The cart should be placed at the edge of the street with the lid closed and 4 feet of clearance space on either side of the cart. Please place the cart handle facing your house, and within 3 feet of the curb. Overloaded carts will not be serviced. (1) Residential curbside 96 gallon rolling cart service once a week at $14.40/Monthly additional carts are available for $3.00/Month, per cart (2) Commercial curbside 96 gallon rolling cart service as noted herein below (for businesses with less than two (2) yards of trash a week): A. One Cart Twice a week at $23.12/monthly B. Two Carts Twice a week at $30.07(includes 2nd cart rental cost) C. Downtown cart service - four times a week in the Downtown Business District $33.06/Monthly serviced Monday, Tuesday, Thursday, and Friday, with recycling on Wednesday. The downtown business district defined as the area bounded by: 1. South of Highway 80 (Grand Avenue) 2. North of Travis Street 3. West of Alamo Boulevard 4. East of Grove Street (3) Commercial bins: Base Monthly Rate for Front Load Monthly Rates: Size/Freq 1X/WK 2X/WK 3X/WK 4X/WK 5X/WK 6X/WK Extra pickup 2 yd $62.73 $109.15 $172.93 $220.19 $260.21 $306.04 $28.75 3 yd $90.10 $156.60 $223.25 $298.45 $365.72 $420.03 $40.25 5

Page 42 4 yd $115.93 $201.56 $285.67 $380.58 $464.01 $540.60 $51.75 6 yd $160.72 $277.41 $391.13 $507.71 $636.92 $723.87 $63.25 8 yd $198.77 $336.78 $414.57 $612.27 $758.35 $818.34 $74.75 (4) Commercial 4 YD and 6 Yd Compactor Service: Monthly - 4 YD Compactor 1X a Week at $464.71 Monthly 6 YD Compactor 2X a Week at $691.72 Monthly 6 YD Compactor 4X a Week at $1,104.20 Monthly 6 YD Compactor 6X a Week at $1,938.67 Extra Pickup for 4 Yd and 6 YD Compactor at $74.75 each (5) Roll-off containers: *For special collection provided, charges are to be negotiated between the contractor and producer prior to collection. If an agreement cannot be reached, the matter may be submitted to the city for determination of a reasonable fee. Delivery and Exchange Cost $115.00 SIZE RENTAL/MONTH PER HAUL 20 YD OPEN 30 YD OPEN $126.50 $555.45 40 YD OPEN $126.50 $126.50 $609.50 $680.82 42 YD COMPACTOR Negotiable $856.75 With respect to apartments and duplexes, where the owner provides reasonable space for and access to a bulk container, commercial-type service shall be provided by the city; otherwise, residential-type service shall be provided. 6

ORDINANCE NO. Page 43 AN ORDINANCE AMENDING CHAPTER 14, GARBAGE, TRASH, AND WEEDS OF THE CODE OF ORDINANCES OF THE CITY OF MARSHALL, TEXAS, REPEALING AND AMENDING CERTAIN SECTIONS REGARDING GARBAGE AND RECYCLING; AMENDING METHOD AND FREQUENCY OF WASTE COLLECTION, RECYCLING AND DISPOSAL FEES; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS CONDUCTED IN STRICT COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE OF FEBRUARY 1, 2019. WHEREAS, Chapter 363 of the Texas Health and Safety Code and Section 80 (15) of the City Charter of the City of Marshall, Texas, authorizes the City Commission to regulate the collection, transportation and disposal of solid waste within the corporate City limits of Marshall, Texas; and, WHEREAS, the City s solid waste contractor, Republic Services, was selected through a competitive sealed Request for Proposals process; sealed Proposals were opened April 10. 2018; the City Commission approved Republic Services as the lowest and best bidder on July 12, 2018 and has entered into a contract to provide services in accordance with Sections 1, 2 3, and 4 of the contract; and WHEREAS, the method of residential and commercial solid waste hand-load collection and recycling is hereby converted to the use of 96 gallon rolling carts furnished by Republic Services, and no side trash, trash outside the carts, will be allowed or serviced; and, WHEREAS, the frequency of residential and commercial solid waste hand-load and recycling is hereby amended to once a week service, supported in large part by the use of newly furnished sanitary 96 gallon rolling carts for garbage and further supported by the use of newly furnished 96 gallon rolling carts for recycling, a map setting the scheduled area of the city for once a week solid waste service, recycling will be provided for the entire city once a week on Wednesday; and, WHEREAS, Section II, 2.01-Types of Collection in the Solid Waste Contract, provides residential backdoor service solid waste and recycling service, at no extra charge, to occupants who are physically or mobility impaired, provided that a disability, impairment, or lack of mobility statement is provided to City of Marshall by an attending physician; and, WEHEREAS the initial contract period with Republic Services shall be seven (7) years, beginning January 1, 2019 and ending December 31, 2025; rates and fees are hereby amended to cover the costs for providing solid waste and recycling services, including furnishing 96 gallon rolling carts through Republic Services for garbage and recycling for each residential and commercial hand-load customer in the City of Marshall beginning February 1, 2019, in accordance with the new Solid Waste Contract; and,

Page 44 WHEREAS, the City Commission finds and determines that solid waste collection rates must be amended to accurately compensate the City for the costs associated with providing these services; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MARSHALL, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Article I of Chapter 14, Section 14-6, of the Code of Ordinances of the City of Marshall is hereby repealed in its entirety and that there is hereby adopted in place of said ordinances a new Section 14-6, Chapter 14 of the Code of Ordinances of the City of Marshall, Texas, said section to read as follows: Sec. 14-6. Method of collection and receptacles. (a) Garbage and other solid waste shall be deposited in a contractor issued bin or cart. All 96-gallon trash and recycling carts shall be placed at curbside by 7:00 a.m. on designated collection days, but carts and recycling containers shall not be placed out for collection earlier than 7:00 p.m. before the day of scheduled collection. Carts must be removed from curbside within 24 hours of service or service may be suspended. Carts must be stored behind the front house setback or services may be suspended. Trash outside the cart will not be picked up. The cart should be placed at the edge of the street with the lid closed and 4 feet of clearance space on either side of the cart. Cart handle shall face the house, and within 3 feet of the curb. Overloaded carts will not be serviced. (b) All premises receiving solid waste collection service must utilize the type of receptacle for placement of all their solid waste as designated by and according to the method of collection utilized by the city or its agent. Residential-type service or hand collected premises shall utilize garbage containers meeting the requirements set out in this chapter for placement of all their solid waste. Bin collected premises shall utilize the bin provided by the city or its agent for placement of all their solid waste. (c) All owners and/or occupants of premises receiving bin solid waste collection service shall place all their solid waste designated for collection within the bin assigned to them by the city's agent for their use in solid waste collection. Section 3. That Article I of Chapter 14, Section 14-9, of the Code of Ordinances of the City of Marshall is hereby repealed in its entirety and that there is hereby adopted in place of said ordinances a new Section 14-9, Chapter 14 of the Code of Ordinances of the City of Marshall, Texas, said section to read as follows: Sec. 14-9. Rates for city refuse collection - all rates will be assessed sales tax: (a) The following rates shall be charged for each monthly period to all customers of the garbage collection system of Marshall:

(1) Residential curbside 96 gallon rolling cart service once a week at $14.40/Monthly additional carts are available for $3.00/Month, per cart Page 45 (2) Commercial curbside 96 gallon rolling cart service as noted herein below (for businesses with less than two (2) yards of trash a week): A. One Cart Twice a week at $23.12/monthly B. Two Carts Twice a week at $30.07(includes 2 nd cart rental cost) C. Downtown cart service - four times a week in the Downtown Business District $33.06/Monthly serviced Monday, Tuesday, Thursday, and Friday, with recycling on Wednesday. The downtown business district defined as the area bounded by: 1. South of Highway 80 (Grand Avenue) 2. North of Travis Street 3. West of Alamo Boulevard 4. East of Grove Street (3) Commercial bins: Base Monthly Rate for Front Load Monthly Rates: Size/Freq 1X/WK 2X/WK 3X/WK 4X/WK 5X/WK 6X/WK Extra pickup 2 yd $62.73 $109.15 $172.93 $220.19 $260.21 $306.04 $28.75 3 yd $90.10 $156.60 $223.25 $298.45 $365.72 $420.03 $40.25 4 yd $115.93 $201.56 $285.67 $380.58 $464.01 $540.60 $51.75 6 yd $160.72 $277.41 $391.13 $507.71 $636.92 $723.87 $63.25 8 yd $198.77 $336.78 $414.57 $612.27 $758.35 $818.34 $74.75 (4) Commercial 4 YD and 6 Yd Compactor Service: Monthly - 4 YD Compactor 1X a Week at $464.71 Monthly 6 YD Compactor 2X a Week at $691.72 Monthly 6 YD Compactor 4X a Week at $1,104.20 Monthly 6 YD Compactor 6X a Week at $1,938.67 Extra Pickup for 4 Yd and 6 YD Compactor at $74.75 each (5) Roll-off containers: *For special collection provided, charges are to be negotiated between the contractor and producer prior to collection. If an agreement cannot be reached, the matter may be submitted to the city for determination of a reasonable fee. SIZE RENTAL/MONT PER HAUL 20 YD OPEN 30 YD OPEN $126.50 $555.45 40 YD OPEN $126.50 $126.50 $609.50 $680.82 42 YD COMPACTOR Negotiable $856.75 Delivery and Exchange Cost $115.00 With respect to apartments and duplexes, where the owner provides reasonable

space for and access to a bulk container, commercial-type service shall be provided by the city; otherwise, residential-type service shall be provided. Page 46 Section 4. That the meeting at which this ordinance was passed was conducted in strict compliance with the Texas Open Meetings Act (Texas Government Code Chapter 551). Section 5. That all other prior ordinances or portions of ordinances of the City of Marshall in conflict with the terms and provisions of this ordinance are hereby repealed to the extent of such conflict only. Section 6. That the repeal of any ordinance or portion of an ordinance by this ordinance shall not affect the validity of any pending enforcement action or fines outstanding and due and payable on or before the effective date of this ordinance. Section 7. That if any section, paragraph, subdivision, clause, phrase or provision of this ordinance is hereafter determined to be invalid or in violation of the laws of the State of Texas or the Constitution of the United States by a court of appropriate jurisdiction, such finding of invalidity shall affect the continued enforcement only of the provision so determined to be invalid, it being the intent of the City Commission of the City of Marshall that all other terms and provisions of this ordinance not affected thereby shall remain in full force and effect. PASSED AND APPROVED this 24th day of January 2019. AYES: NOES: ABSTAINED: PASSED, APPROVED AND ADOPTED this 14th day of February 2019. AYES: NOES: ABSTAINED: CHAIRMAN OF THE CITY COMMISSION OF THE CITY OF MARSHALL, TEXAS ATTEST: Elaine Altman, City Secretary