§ 14-9. Rates.

(a)

Service fee for individual residences. A monthly garbage collection fee (service fee), as defined below, will be charged to individual residences inside the city limits and will be charged on the monthly water utility bill from the city utilities department to the building or premises on which the individual residence or residences, if more than one (1), is or are located. In addition to this minimum collection fee, a monthly state and federal recycling program mandate fee of four dollars and twenty-five cents ($4.25) will be charged to individual residences inside the city limits and will be charged on the monthly water utility bill from the city utilities department to the building or premises on which the individual residence or residences, if more than one (1), is or are located.

(1)

Individual residences monthly garbage collection fee through September 30, 2013, twelve dollars ($12.00).

(2)

Individual residences monthly garbage collection fee will increase from twelve dollars ($12.00) to thirteen dollars and fifty cents ($13.50) on October 1, 2013.

(3)

Individual residences monthly garbage collection fee will increase from thirteen dollars and fifty cents ($13.50) to fifteen dollars ($15.00) on October 1, 2014.

(4)

Individual residences monthly garbage collection fee will increase from fifteen dollars ($15.00) to sixteen dollars and fifty cents ($16.50) on October 1, 2015.

(5)

Individual residences monthly garbage collection fee will increase from sixteen dollars and fifty cents ($16.50) to eighteen dollars ($18.00) on October 1, 2016.

These flat fees will apply to each and every and all residential units, regardless of the type of residential structure. For example, in the case of multifamily structures, such as duplexes or apartment houses, each residential unit therein will be charged the garbage collection fee and four dollars and twenty-five cents ($4.25) for the mandate fee.

No rate adjustments will be made for temporary nonuse of service unless the water meter is disconnected. Nonpayment of the garbage collection fee and mandate fee shall be sufficient grounds for discontinuance of water service. The monthly collection fee and mandate fee shall apply to each church, to each clergy residence, and to each church and clergy residence as a single billing unit if both are located on the same premises. Such service will be billed monthly with the water and sewer service charge of the city utilities department, and in those instances where the monthly bill of water and sewage from the city utilities department is a multiresidential structure, the service fee of the city will be based on the number of individual residences in the structure, and the person or party responsible for paying the water and sewage charge will likewise be responsible for paying the monthly garbage collection fee and mandate fee based on the number of individual residences on the premises.

The mandate fee of four dollars and twenty-five cents ($4.25) will be deposited in the solid waste fund.

(b)

Collection by the city utilities department. The city utilities department is hereby authorized to serve as the entity to collect the monthly garbage collection fee (service fee) and mandate fee provided for in subsection (a).

(c)

[Definition.] "Commercial establishment" as used in this section shall mean any structure or premises other than residential structures and shall include the following:

(1)

All retail, wholesale and industrial business establishments;

(2)

All office buildings;

(3)

Professional businesses and service businesses;

(4)

Fraternal organizations, public or private clubs, associations or organizations, and whether profit or nonprofit;

(5)

All other charitable and/or tax-supported organizations;

(6)

Church-related hall or church-related school, whether on the same or on different premises as the church to which affiliated;

(7)

Any and all other type or form of public or private concerns, organizations or institutions not otherwise herein provided for.

(d)

Special service fee.

(1)

For special events requiring garbage pickup outside of the normal working criteria, there will be a fee of ninety dollars ($90.00) per hour based on actual time worked. This fee excludes all city-sponsored events.

(2)

When a request is made to search the contents a city refuse truck for personal items, the requestor shall be charged ninety dollars ($90.00) per hour and said fee will not be prorated, but instead rounded up to the nearest hour. Searching for personal items is prohibited if the contents have been deposited in the working face of the landfill.

(3)

For commercial establishments located within the Downtown Central Business District, which receive an augmented level of service, an alternative fee structure shall be applied.

(e)

Fees. A monthly garbage collection fee and mandate fee will be charged to each and every commercial establishment, as defined hereinafter, in accordance with the following fee schedule:

(1)

For each commercial establishment having up to one thousand (1,000) square feet of floor space ..... $ 35.00

(2)

For each commercial establishment having from one thousand one (1,001) square feet to three thousand (3,000) square feet of floor space ..... 45.00

(3)

For each commercial establishment having from three thousand one (3,001) square feet to ten thousand (10,000) square feet of floor space ..... 80.00

(4)

For each commercial establishment having from ten thousand one (10,001) square feet of floor space and over ..... 110.00

(5)

Any residence being utilized in whole or in part as a commercial establishment or business will be charged as commercial by square footage of the portion of the structure being used for the business.

(6)

For each commercial establishment located in the Downtown Central Business District having up to one thousand (1,000) square feet of floor space:

Through September 30, 2010 ..... 49.00

From October 1, 2010 through September 30, 2011 ..... 59.50

From October 1, 2011 ..... 70.00

(7)

For each commercial establishment located in the Downtown Central Business District having from one thousand one (1,001) square feet to three thousand (3,000) square feet of floor space:

Through September 30, 2010 ..... 63.00

From October 1, 2010 through September 30, 2011 ..... 76.50

From October 1, 2011 ..... 90.00

(8)

For each commercial establishment located in the Downtown Central Business District having from three thousand one (3,001) square feet to ten thousand (10,000) square feet of floor space:

Through September 30, 2010 ..... 112.00

From October 1, 2010 through September 30, 2011 ..... 136.00

From October 1, 2011 ..... 160.00

(9)

For each commercial establishment located in the Downtown Central Business District having from ten thousand one (10,001) square feet of floor space and over:

Through September 30, 2010 ..... 154.00

From October 1, 2010 through September 30, 2011 ..... 187.00

From October 1, 2011 ..... 220.00

(f)

Appeals process.

(1)

Monthly meetings to formally review contested accounts will consist of a representative from the solid waste department, utility department, finance department, and environmental department.

(2)

The committee will provide recommendations to the city manager who will make the final decision.

(g)

Mandate fees. State and federal recycling program mandate fees of four dollars twenty-five cents ($4.25) will be charged for each of the three (3) tiers of commercial establishments.

The monthly garbage fee and mandate fee as determined from the above fee schedule shall be charged to each and every commercial establishment inside the city limits and will be billed on the monthly water bill from the city utilities department to the building or premises in which the commercial establishment is located. No rate adjustment will be made for temporary nonuse of the garbage collection service unless the water meter to the commercial establishment is disconnected. Nonpayment of the garbage collection fee and mandate fee as provided for herein shall be sufficient grounds for discontinuance of water service.

(h)

Landfill fees. All household and commercial garbage, rubbish, refuse, trash, yard waste, construction demolition debris, sludge from a wastewater treatment plant, water treatment plant, class II and III nonhazardous industrial waste, special waste approved by the commission, and other putrescible and nonputrescible waste which may be disposed of by any person shall not be improperly disposed of at any place within the city limits thereof except at such sites as may be designated by the director of solid waste services. Persons desiring to dispose of such solid waste at one (1) of the city's sanitary landfills shall pay the following fees for each vehicle load entering at the landfill:

(1)

Noncommercial vehicles.

a.

Passenger cars, pickups and trailers used by city residents transporting household garbage, rubbish, refuse, trash, yard waste or construction demolition waste from the resident's home. Residents must show proof of residency with either a valid Texas driver's license or Texas I.D. showing the current Laredo address and a current water utility bill showing the same address.

Up to and including one (1) ton ..... $ 2.00 flat fee

Subsequent weight over one (1) ton ..... 31.50/ton

b.

Passenger cars, pickups and trailers used by noncity residents or residents who cannot show proof of residency with either a valid Texas driver's license or Texas I.D. showing the current Laredo address and a current water bill showing the same address and the garbage fee, transporting household garbage, rubbish, refuse, trash yard waste or construction demolition waste from the resident's home ..... 31.50/ton

c.

Passenger cars, pickups and trailers used by city residents transporting household garbage, rubbish, refuse, trash, yard waste or construction demolition waste from the resident's home on Saturdays and Sundays only. Residents must show proof of residency with either a valid Texas driver's license or Texas I.D. showing the current Laredo address and a current water utility bill showing the same address.

Up to and including one (1) ton ..... No charge

Subsequent weight over one (1) ton ..... 31.50/ton

d.

Passenger cars, pickups and trailers used by city residents transporting yard waste that is free of rubbish, putrescible waste, metal, paper, plastic or any other type of waste. Residents must show proof of residency with valid Texas driver's license or Texas I.D. showing the current Laredo address and a current water utility bill showing the same address ..... No charge

e.

Commercial vehicles transporting yard waste that is free of rubbish, putrescible waste, metal, paper, plastic or any other type of waste ..... 16.50/ton

(2)

Commercial vehicles.

a.

Commercial vehicles including pickups, trailers, and compacted vehicles used by private businesses and commercial haulers transporting waste generated from inside the city limits ..... 31.50/ton

b.

Commercial vehicles including pickups, trailers, and compacted vehicles used by private businesses and commercial haulers transporting waste generated from outside the city limits but from within Webb County ..... 66.50/ton

c.

Commercial vehicles including pickups, trailers, and compacted vehicles used by private businesses and commercial haulers transporting waste generated from outside Webb County ..... 201.50/ton

d.

Commercial vehicles including pickups, trailers, and compacted vehicles used by private businesses and commercial haulers transporting merchandise required to be destroyed or food products that have been declared unfit for human consumption by a federal or state government agency ..... 201.50/ton

e.

Commercial vehicles transporting household waste for a residential customer, when accompanied by the residential customer. The residential customer must be the driver or a passenger in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste and must show proof of residency with valid Texas driver's license or Texas I.D. showing the current Laredo address and a current water utility bill showing the same address.

Up to and including one (1) ton ..... 2.00 flat fee

Subsequent weight over one (1) ton ..... 31.50/ton

(3)

[Interlocal agreements.] The County of Webb, the incorporated cities within Webb County, and any other county or municipal entity with which there exists a current interlocal agreement with the city ..... Residential
garbage
$31.50/ton

(4)

[City vehicles.] City vehicles except sanitation department ..... 1.25/ton
or current state
solid waste fee

(5)

Tires.

a.

Passenger tires (up to nineteen-and-one-half-inch rim diameter) ..... 2.00/tire

b.

Truck tires (nineteen-and-six-tenths- to twenty-four-and-one-half-inch rim diameter) ..... 6.00/tire

c.

Special size tires (greater than twenty-four-and-one-half-inch rim diameter) ..... 100.00/ton

d.

City residents transporting up to and including four (4) passenger tires from the resident's home. Residents must show proof of residency with either a valid Texas driver's license or Texas I.D. showing the current Laredo address and a current water utility bill showing the same address ..... No charge

e.

Surcharge for failure to declare scrap tires when entering the landfill ..... 10.00/tire

(6)

[Construction wastes, etc.] Construction demolition wastes and petroleum-contaminated soil suitable for use as an alternate daily cover material as per requirements in the landfill permit ..... 10.00/ton

(7)

[Soil.] Soil that is free of refuse and that is suitable for use as daily or intermediate cover material as per requirements in the landfill permit ..... No charge

(8)

[Surcharge.] Surcharge for incoming vehicles not securely covered or enclosed with a good substantial cover to prevent accidental spillage of solid waste material ..... 10.00/load

(9)

[Late payment penalty.] If payment in full on landfill credit accounts is not made within sixty (60) days of the due date, the customer shall pay an administrative late fee of one hundred dollars ($100.00).

(10)

[Solid waste fund.] The revenues generated from these fees will be deposited in the city's solid waste fund.

(i)

Landfill hours. The landfill is open to the public to accept solid waste for disposal services six (6) days a week from Monday through Saturday between the hours of 8:00 a.m. and 5:00 p.m. The landfill is closed on Sundays. The landfill is closed to the public during wet weather conditions.

Pickups with a trailer must enter the landfill thirty (30) minutes prior to closing. Persons transporting special waste or loads in van trailers that require manual labor for unloading must call for an appointment.

The city will notify all residential, commercial, and industrial customers of suspension of disposal services due to observance of a holiday by local news media forty-eight (48) hours in advance of the holiday being observed.

The city may open the landfill for the exclusive use of the city at any time so long as such operation is compliant with Texas Commission on Environmental Quality (TCEQ) rules.

In the event of an emergency, the city may modify the landfill hours so long as such operation is compliant with Texas Commission on Environmental Quality (TCEQ) rules.

(j)

Franchise required for collector other than the city. No person or entity, except a duly authorized agent or employee of the city, shall collect garbage or, trash, or recyclable materials of any other person or entity, or convey or transport such garbage or, trash, or recyclable materials on the streets, alleys and public thoroughfares of the city, or dispose of such garbage or, trash, or recyclable materials, for a fee or profit unless and until such person or entity has first obtained a franchise from the city to collect, transport and/or dispose of such garbage or, trash, or recyclable materials. Franchise holders must agree to use only the city municipal solid waste facilities for disposal or processing municipal solid waste and industrial solid waste and recyclable materials including but not limited to the city sanitary landfills, and other city municipal solid waste facilities such as transfer stations and material recovery facilities, to discharge municipal solid waste and industrial solid waste and recyclable materials as defined in 30 TAC § 330. 3. Franchise holders shall pay all landfill fees associated with said use within thirty (30) days of the due date. The permit granted to the franchise holder is limited to the facilities normally operated by the city for all municipal solid waste disposal or process. If the city's facilities for any reason are not available for use, either temporarily or permanently, as determined by the City Council of the City of Laredo, or by any prohibited solid waste which cannot be accepted by the facilities, as determined by 30 TAC § 330, the city shall be under no obligation to furnish to the franchise holder sanitary landfills, or any other municipal solid waste disposing and processing facilities.

(k)

Penalty for violation. The person, firm or corporation violating any provisions of this section shall be fined five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during which the violation occurs or continues to occur.

(l)

Exemptions. Proper evidence must be presented to the director of solid waste that a commercial establishment is being serviced by a duly franchised garbage collection enterprise. An exemption from the fee provisions of subsection (e) shall be granted to the commercial enterprise from that date forward. An administrative fee of two dollars fifty cents ($2.50) per month will be charged to all commercial accounts granted an exemption. An application for such exemption shall be filed with the director of solid waste before the exemption can take effect and the exemption will become effective the day the application is approved.

(m)

Brush and bulky item collection service:

(1)

Accumulations of clean brush exceeding the size specified in section 14.2(d) may be picked up by the city's brush and bulky item collection service for the following fees:

Up to 5 cubic yards ..... $35.00 Minimum Charge

Each additional cubic yard or portion thereof ..... 7.00

For residential addresses currently paying garbage fees ..... No charge

(2)

Construction and demolition debris (wood, sheetrock, carpet, siding, etc.) and other non-putrescible waste:

Up to 5 cubic yards ..... $55.00 Minimum Charge

Each additional cubic yard or portion thereof ..... 11.00

(3)

Bulky items, such as used appliances, furniture, and mattresses may be picked up by the city's brush and bulky item collection service for a fee of fifteen dollars ($15.00) for the first item, ten dollars ($10.00) for a second item, and five dollars ($5.00) for each subsequent item, for each service request.

(4)

Brush and bulky item collection service fees and construction debris collection fees must be paid in advance of the service being performed.

No brush charge for residential addresses currently paying garbage fees.

(5)

Collection fees may be waived for residents who claim that illegal dumping has affected their property or residence and who provide a signed affidavit attesting to that fact.

(6)

Bulky items may be collected at no charge during regularly schedule semi-annual or special collection events.

(7)

The revenues generated from these fees will be deposited in the City's Solid Waste Fund.

(Ord. No. 98-263, § 1, 10-5-98; Ord. No. 99-315, § 1, 10-25-99; Ord. No. 2001-O-204, § 1, 9-17-01; Ord. No. 2001-O-195, § 1, 11-19-01; Ord. No. 2004-O-074, § 1, 4-5-04; Ord. No. 2005-O-046, § 1, 3-7-05; Ord. No. 2005-O-082, § 1, 4-18-05; Ord. No. 2006-O-298, § 1, 11-20-06; Ord. No. 2009-O-150, § 1, 8-17-09; Ord. No. 2010-O-015, § 1, 2-1-10; Ord. No. 2012-O-140, 9-17-12; Ord. No. 2013-O-137, § 1, 10-21-13; Ord. No. 2017-O-156 , § 1, 11-29-17; Ord. No. 2018-O-038 , § 1, 2-20-18)