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12-04 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-04 AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING ORDINANCE NOS. 02-33, 04-115, 06-04, 06-131 AND 08-124; UPDATING THE COMPREHENSIVE FEE SCHEDULE; PROVIDING FOR RATES FOR THE COLLECTION OF SOLID WASTE AND RECYCLABLES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas ("Prosper") to amend Ordinance Nos. 02-33, 04-115, 06-04, 06-131 and 08-124; and WHEREAS, the Town Council has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to provide for rates for the collection of solid waste and recyclables as set forth below; and WHEREAS, the Town Council has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to update the comprehensive fee schedule by adding Exhibit "C" as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findinas. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment of Ordinance Nos. 02-33, 04-115, 06-04, 06-131 and 08-124. Ordinance Nos. 02-33, 04-115, 06-04, 06-131 and 08-124 are hereby amended to update the comprehensive fee schedule by adding the attached Exhibit "C". Such repeal shall not abate any pending prosecution for violation of the amended Ordinance Nos., nor shall the amendment prevent a prosecution from being commenced for any violation if occurring prior to the amendment of Ordinance Nos. 02-33, 04-115, 06-04, 06-131 and 08-124. SECTION 3: Rates for the Collection of Solid Waste and Recvclables. The rates for the collection of solid waste and recyclables set forth in Exhibit "C", attached hereto and incorporated herein for all purposes, are hereby adopted. SECTION 4: Penaltv Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each occurrence in violation of this Ordinance shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation nor shall it preclude Prosper from taking such other lawful action as is necessary to prevent or remedy any violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealina Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 28th DAY OF FEBRUARY, 2012. RAY SMITE Mayo[,tt�1� 9, AT TESTED TO: - k`NfS' PIU DYAD TRMC •a J � � Town Secretary DATE OF PUBLICATION: 2 /� — /� Prosper Press r Town of Prosper �� Solid Waste and Recycling Rates OWN OF P �-8S PER Effective March 15, 2012 All rates are monthly unless otherwise specified. Rates are not prorated. Residential * All accounts shall also be assessed a fuel surcharge in accordance with the Town's current contract. Basic Residential Service ---> This Service Includes: -Weekly One(1)Garbage Cart and One(1)Recycle Cart $ 11.30 Please set carts out before 7:00 am Residents East of Preston are serviced on Tuesday. Each Additional Garbage Cart Residents West of Preston are serviced on Friday. $ 4.72 -Monthly Bulky Item Collection up to Two(2)cubic yards Bulk Pickup is on the last Saturday of each month. Each Additional Recycle Cart Residents must schedule for this service a day ahead. $ 1.20 Please call IESI at 469-452-8000 to schedule -Voucher for disposal of Household Hazardous Waste One voucher per year;available at Town Hall Excess Bulky Item Collection $ 26.75 per cubic yard in excess of Two(2)cubic yards set out on a scheduled bulk pickup day Special Bulky Item Collection $ 101.65 Trip Charge plus... $ 107.00 per cubic yard collected Commercial * All accounts shall also be assessed a fuel surcharge in accordance with the Town's current contract. Cart Service One (1) Garbage Cart Two(2)Garbage Carts Each Additional Garbage Cart(Over 2) $ 19.60 $ 26.07 $ 13.07 One (1) Recycle Cart Each Additional Recycle Cart $ 2.92 $ 1.25 Dumnster Service Pricing is determined by dumpster size and frequency of collection. Frequency of Collection-#of Pickups per Week Addt'I Dumpster Dumpster Size 1 2 I 3 4 5 1 6 Pickup I Delivery 3 Yards $ 67.95 $ 118.92 This size and frequency not available. $ 33.60 I $ 65.00 4 Yards $ 81.03 $ 125.45 Please select a larger container to meet your needs. $ 39.20 $ 65.00 6 Yards $ 100.62 $ 176.43 $ 252.06 1 $ 424.83 $ 531.04 $ 637.24 $ 44.80 ( $ 65.00 8 Yards $ 129.39 $ 215.64 $ 345.03 $ 566.43 $ 708.04 $ 849.65 $ 50.40 $ 65.00 10 Yards $ 161.74 $ 260.08 $ 436.46 $ 708.04 + $ 885.06 $ 1,062.06 $ 56.00 $ 65.00 Compactor and Roll-off Services will be coordinated and directly billed by IESI. Other Services Services which may become available that are not specifically addressed above may be provided to Town customers at rates equal to the cost plus seven (7)percent on residential accounts and cost plus twelve (12) percent on commercial accounts. Solid Waste and Recvcling Rates Will be marked up 7%for residential Effective February 1. 2012 Will be marked up 12%for commercial Residential cost plus 7% Basic Residential Service-Includes one (1)Garbage Cart and one(1) Recycle Cart. $ 10.56 Garbage 7.95 Recycle 2.61 Additional Garbage Cart Additional Recycle Cart $ 4.41 $ 1.12 Excess Bulky Item Collection $ 25.00 per cubic yard in excess of Two(2) cubic yards set out on a scheduled bulk pickup day Special Buly Item Collection $ 95.00 Trip Charge plus... $ 100.00 per cubic yard collected Commercial One (1) Garbage Cart Two(2) Garbage Carts Each Additional Garbage Cart $ 17.50 $ 23.28 $ 11.67 Recycle Cart Each Additional Recycle Cart $ 2.61 $ 1.12 Dumpster Service Cost to Town from IESI Pricing is determined by dumpster size and frequency of collection. Dumpster Size Frequency of Collection-#of Pickups per Week 1 2 3 4 5 6 Addt'I Pickup 3 Yards $ 60.67 $ 106.18 30 4 Yards $ 72.35 $ 112.01 35 6 Yards $ 89.84 $ 157.53 $ 225.05 $ 379.31 $ 474.14 $ 568.96 40 8 Yards $ 115.53 $ 192.54 $ 308.06 $ 505.74 $ 632.18 $ 758.62 45 10 Yards $ 144.41 $ 232.21 $ 389.70 $ 632.18 $ 790.23 $ 948.27 50 Compactor and Roll-off Services will be coordinated and directly builled by IESI.