HomeMy WebLinkAboutOrd 901 Amending Chapter 74 Solid Waste TOWN OF WESTLAKE
ORDINANCE NO. 901
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 74
"SOLID WASTE" BY AMENDING AND REPLACING SECTIONS 74-43 7447,
PROVIDING FOR FEES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas ("Town") is a Type A general law
municipality incorporated and operating under the laws of the State of Texas; and
WHEREAS, the Town of Westlake Town Council ("Town Council"), pursuant to the
authority granted to it by Texas Local Government Code Section 51.001, may adopt, publish,
amend, or repeal any ordinance, rule, or police regulation that is for the good government,
peace, or order of the Town; and
WHEREAS, the Town Council,pursuant to its authority granted to it by Texas Local
Government Code Section 51.012, may adopt an ordinance, act, law, or regulation, not
inconsistent with state law,that is necessary for the government,interest,welfare,or good order
of the Town and that is not inconsistent with state law; and
WHEREAS, Texas Health and Safety Code Section 363.113 requires the Town to
review provisions of solid waste management services in its jurisdiction and assure that those
services are provided to all persons in its jurisdiction; and
WHEREAS, pursuant to Texas Health & Safety Code Section 363.111(a), the Town
Council is fully enabled to adopt rules for regulating solid waste collection, handling,
transportation, storage,processing and disposal; and
WHEREAS, the Town Council finds and determines that the currently adopted Code
of Ordinances Chapter 74 and the regulations therein were adopted pursuant to authority
granted by law and to the Town Council's commitment to protect the health,safety,and welfare
of residents,visitors, and property owners the Town; and
WHEREAS, the Town Council finds it necessary for the public health, safety and
welfare that there be appropriate regulations for the proper disposal of trash; and
WHEREAS, the Town Council finds it necessary for the public health, safety and
welfare that there be appropriate regulation regarding the people and companies that remove
and transport waste utilizing Town rights-of-way; and
WHEREAS,the Town has the ownership of and responsibility for the waste stream and
appropriate regulations are required under state and federal law; and
Ordinance 901
Page 1 of 5
WHEREAS,the Town Council finds and determines that temporary construction waste
stored in such a manner that it spills,leaks,or blows has an adverse impact on the health,safety,
and welfare of persons,property, and rights-of-way; and
WHEREAS,the Town Council finds and determines that the regulations herein do not
prohibit or restrict the sale or use of temporary construction waste containers, but instead
establish minimum safety conditions for temporary construction waste containers; and
WHEREAS, the Town Council finds and determines that the fees established and
authorized by this ordinance were not intended to exceed the amount reasonably necessary to
provide the services and administer; monitor, and enforce the regulatory programs to which
they are related; and
WHEREAS,the Town Council finds and determines that the currently adopted fees in
Code of Ordinances Chapter 74 are necessary to 1) ensure that temporary construction waste
storage/removal services are safely provided to all persons; and 2) recover the administrative
costs of regulation, enforcement, monitoring, and the associated impact to infrastructure
resulting from temporary construction waste services; and
WHEREAS, the Town Council finds and determines that the primary purpose of the
fees currently authorized and codified in Code of Ordinances Chapter 74 is for regulation; and
WHEREAS, the Town Council finds and determines that the primary purpose of the
fees currently authorized and codified in Code of Ordinances Chapter 74 is not to raise revenue;
and
WHEREAS, the Town Council finds and determines that the objectives of this
ordinances include, but are not limited to, 1) ensuring that temporary construction waste
storage/removal services are safely provided to all persons and 2)recovering the administrative
costs of regulation, enforcement, monitoring, and the associated impact to infrastructure
resulting from temporary construction waste services;and
WHEREAS, the Town Council finds and determines that the primary purpose of the
fees authorized and adopted by this ordinance is for regulation; and
WHEREAS, the Town Council finds and determines that the primary purpose of this
ordinance is not to raise revenue; and
WHEREAS,the Town Council finds and determines that there is no conflict with State
statute or the U.S. or Texas Constitutions as to the passage or enforcement of this Ordinance;
and
WHEREAS, the Town Council finds and declares that the meeting at which this
Ordinance is considered is open to the public as required by law, and that public notice of the
time, place and purpose of said meeting was given as required by Chapter 551, Texas
Government Code; and
Ordinance 901
Page 2 of 5
WHEREAS,the Town Council finds and determines that the passage of this Ordinance
is for the good government, peace, or order of the Town; and
WHEREAS,the Town Council finds and determines that the passage of this Ordinance
is necessary or proper for carrying out a power granted by law; and
WHEREAS,the Town Council finds and determines that the adoption of this
Ordinance is in the best interests of and necessary to protect the health, safety, and welfare of
the public.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That Article III of the Code of Ordinances Chapter 74, titled
"Commercial Solid Waste, Liquid Waste,and Recyclable Materials Operators,"is amended by
amending and replacing Section 74-43, which shall read as follows:
See. 74-43.—Fees; purpose.
Each commercial solid waste transporter must pay a monthly fee to the town for use
of streets, roadways and rights-of-way. Such fee is imposed with the objective of recovering
the administrative costs of regulation, enforcement, monitoring, and the associated impact to
infrastructure resulting from solid waste transport services
SECTION 3: That Article III of the Code of Ordinances Chapter 74, titled
"Commercial Solid Waste,Liquid Waste, and Recyclable Materials Operators,"is amended by
amending and replacing Section 74-47, which shall read as follows:
See. 74-47.—Solid waste license fee.
(a) Each commercial solid waste operator that has been granted a license under this
article must pay a license fee equal to three percent(3%) of the operator's gross
revenues from the collection, hauling, or transporting of commercial and
industrial solid waste collected within the town, after excluding therefrom the
revenues licensee received from the collection, hauling, or transporting of
recyclable material collected within the town.
(b) Each commercial solid waste operator must pay the required license fee monthly
to the Town within thirty (30) days following each month. Each monthly
payment must be computed on the revenues for the month preceding the month
in which the payment is due.Each commercial solid waste operator must provide
with each monthly payment a statement of the gross revenues upon which the
Ordinance 901
Page 3 of 5
payment is computed, prepared according to generally accepted accounting
practices, and signed by an authorized representative of the licensee. The
commercial solid waste operator must pay a late penalty of ten percent (10%)
per annum, compounded daily, on any monthly payment, or portions thereof,
that is paid subsequent to the required payment date.
(c) Each monthly payment must also be accompanied by a listing of the location
and number of commercial containers serviced by the commercial solid waste
operator in the Town.
(d) The Town may inspect and audit the commercial solid waste operator's records
upon which payments to the town are computed and paid. If the Town's
inspection or audit shows that the commercial solid waste operator has
underpaid an amount required to be paid under this article,the commercial solid
waste operator must pay the deficiency within sixty (60) days of the date the
town gives the commercial solid waste operator written notice of the deficiency.
If the deficiency is more than ten percent (10%) of the amount the commercial
solid waste operator was required to pay for the quarter, the commercial solid
waste operator must also pay a penalty of ten percent (10%) per annum on the
deficiency and the Town's reasonable cost incurred for the inspection or audit.
(e) The Town's acceptance of a payment is not deemed to be a release or an accord
as satisfaction of any claim the Town may have for further or additional sums
payable under this article. The town is not liable to refund to the commercial
solid waste operator any payment the commercial solid waste operator makes to
the Town that is more than the amount required to be paid by commercial solid
waste operator under this article.
SECTION 4: No prosecution or administrative action pending, and no violation of
or noncompliance with any prior ordinance shall be affected or terminated by the passage of
this ordinance.
SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 6: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences,paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional,phrase,sentence,
paragraph or section.
Ordinance 901
Page 4 of 5
SECTION 7: This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON THIS 2ND DAY OF DECEMBER 2019.
ATTEST: Laura Wheat, Mayor
Tarfya Mo> is, Assistant to the Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Ordinance 901
Page 5 of 5