HomeMy WebLinkAboutORD 2008-014 ORDINANCE NO. 2008-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES, CHAPTER 25 UTILITIES AND SERVICES,
ARTICLE III SOLID WASTE DISPOSAL, SECTION 25-97
SERVICE RATES--SCHEDULES; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on June 1, 1995, by passage of Ordinance No. 95-35 the City of
Grapevine, Texas granted Laidlaw Waste Systems, Inc. a franchise agreement to provide
for solid waste services for both residential and commercial customers for a ten (10) year
period; and
WHEREAS, on September 18, 2001, by passage of Ordinance No. 2001-67 the City
of Grapevine, Texas granted Laidlaw Waste Systems, Inc. an extension of the franchise
agreement to provide for solid waste services for both residential and commercial
customers for one (1) additional five (5) year period, commencing on June 1, 2005; and
WHEREAS, Laidlaw Waste Systems, Inc. was renamed Trinity Waste Services, Inc.;
and
WHEREAS, Trinity Waste Services, Inc. was renamed, Allied Waste Services Inc.;
and
WHEREAS, Section 25-97(c) of the City Code of Ordinances specifically establishes
rates for retail establishments located in multi-tenant retail facilities with leasable area
under roof of not less that 1,300,000 square feet; and
WHEREAS, Allied Waste Services, Inc. and Simon Properties, owner of Grapevine
Mills Mall, have requested that Section 25-97(c) be deleted in its entirety from the City
Code of Ordinances and that the Mills Mall be billed under existing commercial and retail
rates; and
WHEREAS, the City Council desires to comply with the request by amending
Chapter 25 Utilities and Services, Article III, Solid Waste Disposal, Section 25-97 of the
Code of Ordinances of the City of Grapevine, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the above premises are found to be true and correct and are
incorporated into the body of this ordinance as if copied in their entirety.
Section 2. That Chapter 25 Utilities and Services, Article III, Solid Waste Disposal,
is hereby amended by deleting Section 25-97(c) in its entirety
Section 3. That Chapter 25 Utilities and Services, Article III, Solid Waste Disposal,
Sections 25-97(d) through (i) are hereby renumbered as (c) through (h).
Section 4. That if any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person or circumstances is held invalid
or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the ordinance; and the City Council hereby declares it
would have passed such remaining portions of the ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 5. That the fact that the present ordinances and regulations of the City
of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its passage, and it is accordingly so ordained.
Section 6. That the effective date of this rate modifications will be May 1, 2008.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of April, 2008.
APPROVED:
William D. Tate
Mayor
ATTEST:
Lin a Huff 1(916f,
City Secretary
ORD. NO. 2008-14 2
APPROVED AS TO FORM:
Drar H. C•n -r-, III
Assistant city Attorney
ORD. NO. 2008-14 3