Loading...
HomeMy WebLinkAboutORD 2014-001•'t • 1 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING ORDINANCE 95 -35, AS AMENDED, THE SOLID WASTE FRANCHISE; ALLOWING FOR CLEAN BRUSH AND YARD WASTE DIVERSION; 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 a franchise for solid waste services within the City (the "Franchise ") to the franchisee; and WHEREAS, on September 18, 2001, by passage of Ordinance No. 2001 -67 the City of Grapevine, Texas extended the term of the franchise five (5) years commencing on June 1, 2005 and renumbered Sections 11 through 25 of the Franchise to Sections 12 through 26; and WHEREAS, on July 20, 2010, by passage of Ordinance No. 2010 -30 the City of Grapevine, Texas extended the term of the franchise five (5) years commencing on August 1, 2010; and WHEREAS, on September 18, 2012, by passage of Ordinance No. 2012 -44 the City of Grapevine, Texas extended the term of the franchise five (5) years commencing on November 1, 2012; and granted Republic Services an automatic renewal of the franchise agreement for one (1) additional five (5) year period, commencing on November 1, 2017; and WHEREAS, Section 24 of the Franchise provides that the Franchise may be amended on the mutual agreement of the parties; and WHEREAS, the franchisee has requested authority to implement a clean brush and yard waste diversion recycling program by Franchise amendment; and WHEREAS, the City has determined that clean brush and yard waste diversion recycling is in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated above are found to be true and correct and are incorporated herein as if copied in their entirety. Section 2. That Section 5(1) of the Franchise, as amended, is hereby amended to read as follows: 1. All garbage, trash, and yard waste shall be placed in containers in such a manner as to prevent same from being scattered. Brush and yard waste shall be placed in such a manner as to prevent same from being scattered for weekly collection on Wednesdays. Bulky wastes shall be placed out for collection on the second, fourth and fifth Wednesday of each month." Section 3. That Section 5(2) of the Franchise, as amended, is hereby amended to read as follows: "2. All trash containers, yard waste containers, brush, and bulky wastes shall be placed at the curbside on the street bearing the customer's address." Section 4. That Section 6(2) and 6(13) of the Franchise, as amended, are hereby amended to read as follows: "2. COMPANY shall provide curbside service, including garbage, trash, and yard waste to residential customers twice each week. Additionally, COMPANY will provide weekly collection of brush and yard waste on Wednesdays; as well as, collection of bulky wastes on the second, fourth and fifth Wednesday of each month." "13. COMPANY shall collect all brush and yard waste items weekly on Wednesdays. Additionally, COMPANY shall collect all bulky wastes on the second, fourth and fifth Wednesday of each month. If within three (3) working days of notification, whether by the owner, occupant, or CITY, COMPANY fails to collect said material, COMPANY will be penalized $100 for each day collection is not made." Section 5. That Section 25 of the Franchise, as amended, is hereby amended to read as follows: "SECTION 25 — ACCEPTANCE OF AGREEMENT That the COMPANY shall have ten (10) days from and after the passage and approval of this Ordinance to file its written acceptance thereof with the City Secretary, and after such acceptance is filed, this Ordinance shall take effect and be in force from and after March 5, 2014." Section 6. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding not guilty or nolo contendere, or dismissal. RES. NO. 2014 -01 2 Section 7. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance 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 despite such invalidity, which remaining portions shall remain in full force and effect. Section 8. 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 public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21St day of January, 2014. MIMM Jo i Brown City Secretary John F. Boyle, J r. City Attorney RES. NO. 2014 -01 3