Ordinance No. 12,417ORDINANCE NO. 12,417
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE IV
"PRIVATE COLLECTION VEHICLES" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO REVISE THE PROCEDURE FOR REVOCATION
OF A WASTE COLLECTION PERMIT, TO INCLUDE AN APPEAL
PROCESS, TO UPDATE THE APPLICATION REQUIREMENTS, AND TO
ESTABLISH THE DATES DURING WHICH THE ANNUAL PERMITS
SHALL BE VALID; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO 1100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1:' That Chapter 86 "Solid Waste," Article IV "Private Collection Vehicles"
of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 86. SOLID WASTE
ARTICLE IV. PRIVATE COLLECTION VEHICLES
DIVISION 1. GENERALLY
Sec. 86 -195. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning.
Gross receipts means any revenue directly or indirectly received or generated from or in
connection with any solid waste collection service provided within the city, excluding the
following amounts:
(1) sales and use tax received by the permit holder;
(2) disposal fees paid to the city by a permit holder;
(3) annual bad debt write -off amounts on uncollectible accounts for solid waste
collection service, provided that the write -off allowed is verified by adequate
supporting documentation and does not reduce the annual gross receipts by more
than three percent;
(4) revenues received or generated for any solid waste collection service provided on
behalf of the city by the permit holder pursuant to a written contract with the city;
and
(5) revenues directly received or generated from the processing of recyclable
materials.
Solid waste collection service means the business of:
(1) removing wet or dry solid waste from any premises; or
(2) transporting, processing, or disposing of wet or dry solid waste.
Sec. 86 -196. Gross receipts tax.
(a) Tax levied. There is levied a monthly tax equal to ten percent of the total gross receipts
of all persons operating a solid waste collection service within the city limits.
(b) Monthly reports; payment due date. Each person operating a solid waste collection
service within the city limits and using the city streets shall file a monthly report with the
city finance director on a form provided by the director showing the total amount of his
gross receipts collected from his customers for such services during each month and
containing a statement by the permit holder that the information provided is true and
correct. The report shall be filed and the tax shall be paid on or before the tenth day of
the succeeding month.
(c) Inspection of books. Upon reasonable notice, each such person shall make his books and
records available to the city finance director to enable him to determine the correctness of
any report of such person's gross receipts filed with the city as required by this section.
(d) Interest on late payments. If any gross receipts tax is not made on or before the due date
specified in subsection (b) of this section, interest shall be charged daily from such date at
the annual rate of 12 percent or at the maximum rate allowed by law, whichever is less.
DIVISION 2. PERMIT
Sec. 86 -226. Required.
Unless a valid waste collection permit has been issued by the City, it shall be unlawful
for any person to collect garbage, trash and rubbish within the city.
Sec. 86 -227. Application.
Each person applying for a waste collection permit must submit the following
information on the waste collection permit application provided by the city:
(1) The name, address, phone number and email address of the owner and the name
of his company;
(2) The name, address, phone number and email address of the contact person for the
company;
(3) The make, model, year and type of vehicle to be operated by the applicant;
(4) Whether the vehicle shall be operated by the owner or his employee with a bona
fide employer - employee relationship;
(5) Permit fee of $20.00 per vehicle identified in the application;
(6) Proof of the following insurance:
a. Automobile liability insurance of no less than $1,000,000 combined single
limits.
b. Commercial general liability insurance with an aggregate of $2,000,000
and a per occurrence limit of $1,000,000.
C. Workers' compensation insurance with statutory limits and a waiver of
subrogation in favor of the city.
Such insurance shall be written by an insurance carrier licensed to do business in
this state and shall provide that coverages afforded under the policy will not be
canceled, suspended, voided or reduced until at least 30 days' prior written notice
has been given to the city via certified mail, return receipt requested.
Additionally, the city shall be added as an additional insured on the liability
policies, and the coverage shall contain no special limitation on the scope of
protection afforded to the city. If the automobile liability policy does not provide
coverage for "any auto," then a schedule of the covered autos is required to be
submitted and filed with the city clerk. Only those covered autos will be permitted
to operate within the city; and
(7) A sworn statement or affirmation by the applicant that the information provided in
the application is true and correct.
Sec. 86 -228. Permit issuance; term; revocation; denial.
(a) Issuance. Upon receipt of the completed application, the city clerk shall issue a waste
collection permit unless the city clerk determines that a waste collection permit should
not be issued or renewed on the basis of subsection (d) of this section.
(b) Term. A waste collection permit shall be issued for the period of January 1St to December
31St of each year. It is the responsibility of the waste collection permit holder to submit
an application for renewal at least ten days prior to the December 31" of each year.
(c) Transferability. A waste collection permit issued under this division cannot be transferred
to another person.
(d) Revocation; non - renewal. The city clerk may refuse to grant or renew a waste collection
permit or may revoke a waste collection permit if he determines that:
(1) There is false statement of a material matter in the application;
(2) The permit holder has failed to file a monthly report showing his gross receipts;
(3) The permit holder has failed to pay the tax levied pursuant to Section 86 -196; or
(4) The permit holder has violated this article or any of its provisions.
(e) ]Notice of denial or revocation. If the city clerk determines that a waste collection permit
should not be issued or renewed or that a waste collection permit should be revoked, he
shall send to the applicant or permit holder by certified mail, return receipt requested,
written notice of his determination setting forth the reason therefor and advising the
applicant or permit holder of the right to an appeal.
(f) Notice of appeal. The applicant or permit holder may appeal the decision to deny or
revoke a waste collection permit by filing with the city clerk a written request for a
hearing, setting forth the reasons for the appeal, within ten calendar days after receipt of
the notice of the decision to deny or revoke a waste collection permit. If a request for an
appeal hearing is not made within the ten -day period, the determination of the city clerk
is final.
(g) Appeal. The appeal shall be heard by the city manager, who shall consider evidence
offered by any interested person. The formal rules of evidence shall not apply at such
hearing. The city manager shall make a decision on the basis of a fair preponderance of
the evidence presented and matters officially noticed at the hearing. The city manager
shall render a decision within 30 days after the appeal hearing. Such decision shall affirm,
reverse, or modify the determination of the city clerk and the city manager's decision is
final.
4
Sec. 86 -229. Display.
Each private person collecting garbage, trash and rubbish within the city limits shall
display the waste collection permit on the front windshield of each vehicle.
Section 2: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day upon
which any such violation shall occur shall constitute a separate offense. In addition to the penalty
prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive
relief, administrative adjudication and revocation of licenses or permits.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 4: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 5: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative a of the City Council of the
City of Baytown, this the 18" day of November, 2013.
H. DONCARLOS, Mayor
APPROVED AS TO FORM:
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NACIO RAMIREZ, SR., t Attomey
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