ORDINANCE NO. 19-858
AN ORDINANCE OF THE CITY OF EASTLAND, TEXAS ADDING CHAPTER 13, SOLID WASTE TO THE CODE OF ORDINANCES OF THE CITY OF EASTLAND; REQUIRING CITY RESIDENTS TO HAVE SOLID WASTE SERVICES; ESTABLISHING RULES REGARDING DISPOSAL OF SOLID WASTE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; REQUIRING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Eastland (the “City”) is a home-rule municipality with full power of self-government and may offer solid waste disposal services to its residents and require that its residents use that service;
WHEREAS, the City has granted Waste Connections Lone Star, Inc. (formerly known as IESI TX Corporation and Progressive Waste Solutions of TX, Inc.) an exclusive franchise to provide solid waste collection services to the City’s residents, but has never formally required that the City’s residents use said solid waste collection services;
WHEREAS, issues have arisen regarding unauthorized use of waste receptables within the City and an ordinance is required to address those issues; and
WHEREAS, the Board of Commissioners of Eastland finds that it is necessary to require citizens to use the City’s contractor’s solid waste services and that it is in the best interest of the health, safety, and welfare of those citizens to regulate solid waste disposal within the City;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF EASTLAND, TEXAS:
I. Enactment. That this ordinance is hereby adopted as the Solid Waste Ordinance of the City of Eastland, to be codified as Chapter 13 of the Code of Ordinances of the City of Eastland.
CHAPTER 13 – SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 13-1. Prohibited dumping.
(a) No person shall dump or otherwise dispose of trash, garbage, junk, brush trimmings, or other rubbish of any kind at any location in the City except the City Convenience Center or at places and in such containers as may be authorized by the City for regular garbage pickup.
(b) No person, except the owner or lessee of the container or the tenants of the lessee, shall dump or dispose of trash, garbage, junk, brush trimmings, or other rubbish in containers owned or leased by the City, the City’s contractor, or others.
(c) No person shall dump, dispose of or place any garbage, trash, rubbish, junk, brush trimmings, or other refuse on real property not then owned, leased or rented by that person.
Sec. 13-2. Placing garbage, trash, etc., in streets prohibited.
The placing of kitchen garbage, trash, rubbish, brush trimmings, or junk in any street or alley within the City is prohibited.
Sec. 13-3. Prohibited accumulations.
It shall be unlawful for a person to accumulate or permit the accumulation of trash, garbage, junk, or other rubbish, in a manner or to an extent that, in the determination of the Code Enforcement Official, endangers or threatens the health or safety of the City.
Sec. 13-4. Burning.
It shall be unlawful for any person to burn garbage, offal or rubbish within the City.
Sec. 13-5. Meddling with garbage and trash.
The meddling with garbage, refuse, trash or rubbish receptacles or the pilfering or scattering of the contents thereof in any alley or street within the City is prohibited.
Sec. 13-6. Penalty.
The violation of any duty, the commission of any prohibited act, the failure to perform any required act, or the commission of any act defined to be unlawful or an offense under this Chapter shall constitute a misdemeanor. Any person who commits such a misdemeanor or causes same to be committed shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00), not more than two thousand dollars ($2,000.00) if the violation is found to be related to public health and safety, or not more than five thousand dollars ($5,000.00) if the violation is found to be related to the dumping of refuse. Each day any violation of this Chapter continues shall constitute a separate offense.
Secs. 13-7–13-14. Reserved.
ARTICLE II. DISPOSAL SERVICE
Sec. 13-15. Solid waste account required.
It shall be unlawful for any resident of the City or person dwelling in a residence within the City, or proprietor or manager of commercial establishments within the City, to refuse to avail themselves of the solid waste collection services provided by the City or its contractor and to refuse to pay the charges established by the City Commission for said service.
Sec. 13-16. Use of receptacles/dumpsters.
(a) Residential customers shall use City-authorized receptacles for curb-serviced residences. Residential customers may only use the receptacle assigned to their residence. Commercial customers shall use City-authorized receptacles assigned to their service address.
(b) When disposing of solid waste in a receptacle, a person shall place all solid waste in the receptacle. A person shall not place or stack solid waste or any other items around or above the receptacle so as to overfill the container.
(c) The City shall not be liable for loss or damage to property placed in or near any solid waste receptacle.
(d) Only an owner, occupant or lessee which has been assigned a receptacle and pays for collection of solid waste from a particular receptacle may place solid waste in that receptacle. No other person may place solid waste in a receptacle unless they have permission from the owner, occupant, or lessee to use that receptacle.
(e) No person shall place any construction and/or demolition debris in a residential receptacle.
(f) No person shall block, place, or stack any construction and/or demolition debris, bulky waste, yard waste, or solid waste around an industrial or commercial container.
Sec. 13-17. Collection.
(a) Commercial customers shall have one collection per week, unless the commercial customer has arranged for additional pickups. Commercial customers shall select the size of receptable to service their needs.
(b) One collection per week shall be made for residential customers on days established by the City or its contractor.
(c) Residents may request a bulk trash pickup on the 1st and 3rd Friday of each month, by appointment only. Residents must call City Hall and arrange for bulk pickup at least 24 hours in advance. Bulk trash must be placed at the curb no more than 48 hours prior to the scheduled pick-up. A complete list of bulk trash authorized for pick up is available at City Hall. No appliances with Freon, tires, petroleum or paint products, construction materials or concrete will be accepted. Oil and fuel must be drained from any power equipment. Brush and tree trimmings must be cut in four (4) foot lengths and tied in bundles of no more than 50 lbs. Limit of eight (8) bundles per pick up.
(d) Residents may request a leaf pickup on the 2nd and 4th Friday of each month, by appointment only. Residents must call City Hall and arrange for leaf pickup at least 24 hours in advance. Leaves must be bagged and tied and placed at curbs no more than 24 hours prior to the pickup date.
Sec.13-18. Lost or stolen refuse receptacles.
Refuse receptacles are the customers’ responsibility. Should a receptacle be lost or stolen, report the incident to City Hall. Report a stolen receptacle to the Eastland Police Department.
Sec. 13-19. Billing date; payment; late charge; disconnection; reconnection charge.
(a) Garbage service bills shall be due by the 20th day of the month and bills remaining unpaid after the 21st day of the month shall incur an additional charge of ten (10) percent.
(b) All accounts where bills remain unpaid by the due date of the following month shall be subject to discontinuation of water service.
(c) Upon disconnection of water service, no customer shall be reconnected to City water services until payment is received for all past due bills plus the applicable reconnection charge.
Sec. 13-20. Rates generally.
The rate for solid waste collection shall be as set by the City Commission in the rates and fee schedule.
Sec. 13-21. Private collecting prohibited.
The collection of garbage, trash, rubbish or junk within the City is prohibited except as otherwise provided for in this Chapter. Garbage and refuse collection by private commercial companies within the City limits is prohibited unless approved by the City Commission.
Sec. 13-22. Large accumulations.
(a) Places which accumulate unusually large quantities of garbage or refuse such as slaughterhouses, dressing plants, wholesale fruit and vegetable houses and storage facilities shall not be included in the normal service furnished by the City. The owners of such places shall may make special pick-up arrangements with the City or its contractor.
(b) Heavy accumulation such as brick, broken concrete, lumber, ashes, clinkers, cinders, dirt and plaster, sand and gravel, automobile frames, dead trees, other bulky and heavy material, pieces of wood, barrels, crates, scraps of iron, wire or any other metals shall be disposed of at the expense of the owner or person controlling the same under the direction of the City or its contractor.
(c) Manure from cow lots, horse stables, and petroleum products or petroleum contaminated material from garages or filling stations shall be disposed of at the expense of the owner or person controlling the same under the direction of the City or its contractor.
Secs. 13-23–13-29. Reserved.
ARTICLE III. CONVENIENCE CENTER
Sec. 13-30. Authorized users and materials.
(a) The Convenience Center is not a State of Texas permitted landfill or transfer point.
(b) Nonresidents may not deliver material to the Convenience Center, nor may material originating outside the City be delivered to the Convenience Center. Residents must have proof of identification and residency to use the Convenience Center. Commercial yard and lawn service providers must provide proof that debris delivered to the facility was obtained from customers within the City limits.
(c) Refrigerators, air conditioners, other items containing Freon, as well as automotive engines and parts, may not be delivered to the Convenience Center.
Sec. 13-31. Hours of operation.
The hours of operation for the Convenience Center are Monday, Wednesday and Friday, 9:00 a.m. to 2:30 p.m., by appointment only. All users must pay unloading fees, if required, and obtain a drop off appointment pass from City Hall at least twenty-four (24) hours prior to the date of delivery and arrive on the designated appointment date. No drive up service will be accepted.
Sec. 13-32. Rates.
The rates for disposal into the Convenience Center shall be established in the City of Eastland rates and fees schedule.
Sec. 13-33. Disposal of residential construction and demolition material.
(a) The rates for disposal of residential construction and demolition material delivered by residential customers, using trucks or trailers, to the Convenience Center shall be established in the City of Eastland rates and fees schedule. The rates vary by the type of truck or trailer and separate pricing is listed for commercial furniture drop offs.
(b) Residents may make no more than two (2) deliveries of residential construction and demolition material per calendar year to the Convenience Center. No commercial deliveries are allowed.
Sec. 13-34. Rates for disposal of used vehicle tires.
(a) The rates for disposal of used vehicle tires delivered to the Convenience Center shall be established in the City of Eastland rates and fees schedule. The rates vary for cars, truck or tractor tires. No commercial or heavy equipment tires will be accepted.
(b) Residents are authorized to deliver no more than one (1) set of four (4) vehicle tires per calendar year to the Convenience Center. No commercial deliveries are allowed.
Secs. 13-33–13-39. Reserved.
II. Repealing Provision. The Board of Commissioners declares that any prior ordinance or any prior ordinance provision is hereby repealed to the extent that such ordinance or ordinance provision conflicts or contradicts the amendments and provisions enacted herein.
III. Severability. Should any section or part of this Ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstances for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, or ineffectiveness or such section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.
IV. Effective Date. This Ordinance shall take effect and be in full force and effect from and after the date of its passage and publication, as required by the Texas Local Government Code.
PASSED and APPROVED upon first reading this 16th day of December, 2019.
PASSED, APPROVED and ADOPTED upon second and final reading this 21st day of January, 2020.
Larry Vernon, Mayor
Chairman of the Board of Commissioners
Roma Holley, City Secretary
A RESOLUTION OF THE CITY OF EASTLAND, TEXAS, ORDERING AN ELECTION TO BE HELD ON MAY 2, 2020, FOR THE PURPOSE OF ELECTING TWO CITY COMMISSIONERS BY THE QUALIFIED VOTERS OF THE CITY OF EASTLAND; AUTHORIZING A JOINT ELECTION WITH EASTLAND INDEPENDENT SCHOOL DISTRICT (EISD), EASTLAND MEMORIAL HOSPITAL DISTRICT (EMHD), AND EASTLAND COUNTY WATER SUPPLY DISTRICT (ECWSD); DESIGNATING POLLING PLACES; AND DIRECTING NOTIFICATION OF SUCH ELECTION
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF EASTLAND:
Section 1. That a general election is hereby ordered to be held on the 2nd day of May 2020, for the purpose of electing Two (2) City Commissioners by the qualified voters of the City of Eastland.
Section 2. That the City of Eastland agrees to hold a joint election with the EISD, EMHD, ECWSD.
Section 3. That the Election Day polls for said election shall be open from
7:00 a.m. until 7:00 p.m. at the designated polling place and the County Joint Elections Administrator is hereby directed to conduct the election.
POLLING PLACE: Eastland County Courthouse
100 West Main
Eastland, Texas 76448
Section 4. Early voting by personal appearance for the general election shall commence on Monday, April 20, 2020 and continue through Tuesday, April 28, 2020. The Eastland County Courthouse will be open for voting during the early voting period from 8:00 a.m. until 5:00 p.m. Monday thru Friday, except as outlined in Section 5. The place for early voting for such election is hereby designated as follows:
EARLY VOTING LOCATION:
Eastland County Courthouse
100 West Main
Eastland, Texas 76448
Section 5. As required under Section 85.005 (d), of the Texas Election Code, early voting by personal appearance at the early voting polling place shall be conducted for at least 12 hours on two weekdays, if the early voting period consists of six or more weekdays; therefore, the first and second Tuesday of the early voting period have been designated as the two 12 hours days. The early voting polling place will be open from 7:00 a.m. until 7:00 p.m. on those days.
Section 6. The Board of City Commissioners is authorized to sign an Order of Election and the Chairman to sign the Notice of Election prescribed by the State of Texas. The Notice of Election shall be published in accordance with the provisions of the Texas Election Code and the City Charter.
APPROVED AND ADOPTED by the City Commission of the City of Eastland this 21st day of January 2020:
Larry Vernon, Chairman
Board of City Commissioners
Roma Holley, City Secretary
Miss Collin Harris, daughter of Ronnie and Crystal Harris, stopped by Eastland City Hall on Thursday, August 8 to present a donation to the City of Eastland Animal Shelter. Collin operated a lemonade stand in front of Maverick Roots this summer to raise money for the animal shelter. The City was honored to accept her donation of $600, which will be placed in the animal shelter donation fund to be used for veterinary care and supplies for shelter animals. Collin will be a third grader at Eastland Elementary this year. Thank you Collin !
Effective with utility bills to be mailed out on June 28, utility customers may notice a change in the Gallons Used category. Previously, water bills would show a number of gallons used and customers would add two zeros to calculate the actual usage. Usage was being calculated in 100’s. Example: 23 used = 2,300 actual gallons used.
Bills received after June 28 customer usage will be reported in actual 1,000 gallons of usage. Example: 23 used = 23,000 actual usage. 2 used = 2,000 actual usage. Bills showing a 0 used means the customer used less than 1,000 gallons during the month.
This change has been made to streamline reporting and accounting.
If you have questions please feel free to contact Eastland City Hall at 254-629-8321 or 113 E Commerce St.
113 E. Commerce St
Hours 8:00AM - 5:00PM