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Home My WebLink AboutORD 1990-074 �,,, ORDINANCE NO. 90-74 � AN ORDINANCE OF TH� CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING AND ADOPTING THE FIFTH ADDENDUM TO THE WASTE COLLECTION SERVICES CONTRACT BETWEEN THE CITY AND LAIDLAW WASTE SYSTEMS, INC. ; DECLARING THAT THE ADDENDUM IS ADOPTED PURSUANT TO THE CITY 'S POLICE POWERS; PROVIDING THAT THE ADDENDUM IS DESIGNED TO PROMOTE THE HEALTH, SAFETY AND GENERAL WELFARE OF THE CITIZENS OF GRAPEVINE; AMENDING THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, TEXAS BY AMENDING CHAPTER 25 UTILITIES AND SERVICES, SECTION 25-97 ESTABLISHING GARBAGE RATES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, a contract for the collection and disposal of residential and commercial refuse, brush, and bulky items from buildings within the City of Grapevine, Texas (the "City" ) was initially executed and entered into by SCA Services and the City on March 30 , 1984, with an effective date of March 20, 1984 (the �* "Services Contract" ) ; and � WHEREAS, the Services Contract was amended by a First Addendum executed and entered into on and with an effective date of December 16, 1986, by a Second Addendum executed and entered into on August 9 , 1988 , with an effective date of August 2 , 1988; by a Third Addendum executed and entered into January 17 , 1989, and by a fourth addendum approved by the City Council on December 19, 1989; and WHEREAS, Laidlaw Waste Systems, Inc. ("Laidlaw") is the successor in interest to the Services Contract; and WHEREAS, the City and Laidlaw mutually desire to amend the Services Contract as provided by a Fifth Addendum to Services Contract, a copy of which is attached hereto as Exhibit "A" and is incorporated herein for all purposes; and WHEREAS, the Fifth Addendum to Services Contract is being executed pursuant to the City' s police powers and is designed to promote the health, safety, and general welfare of the citizens of the City; and WHEREAS, Laidlaw has requested a rate increase and the �^��'"� provision of curbside recycling; and � �,,, WHEREAS, the City Council desires to increase the rates for collecting and removing garbage, refuse and trash and other solid waste and provide for rates for the provision of curbside � recycling by amending Chapter 25, 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 l . That the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if fully set forth therein. Section 2 . That the City Council hereby approves and adopts the Fifth Addendum to the Services Contract in substantially the form attached hereto as Exhibit "A" . Section 3. The Fifth Addendum to the Service Contract is hereby adopted pursuant to the City' s police powers and the City Council hereby finds and declares that said addendum is designed to promote the health, safety and general welfare of the citizens of the City of Grapevine. The City Manaqer is hereby authorized and directed to execute the Fifth Addendum to the � �� Services Contract. Section 4 . That Chapter 25, Section 25-97 of the City Code �` of Ordinances, City of Grapevine, Texas, is hereby amended to read as follows: " (a) Any houses, buildings , or premises used for residential purposes, that are connected to the City' s water system and pay a minimum monthly charge for water service shall have their garbage, trash, and refuse removed at a monthly charge, where such collection and removal is not required in excess of twice each week, and have their recyclable materials removed once per week, as follows: Single-Family Residential . . . . . . . . . . . $ 7. 14 Single-Family Residential without City water service . . . . . . . . . . . . $ 7. 14 Duplex . . . . . . . . . . . . . . . . . . . . $14 .30 Multi-Family, per unit . . . . . . . . . . . . $ 7 . 14 (without dumpster container) � (b) The collecting and removing of garbage, refuse, and trash from houses, buildings, and premises y�,,,,, used for commercial and business purposes (apartment complexes with three or more units are defined as � commercial units) shall be determined by the number of times each week that collection and removal of garbage, refuse, and trash is required, plus the amount of � garbage, refuse, and trash collected and removed. The following rates are established: (1) Container Rates a. Two-yard Containers 1 Dump per week . . . . . . . . . . $ 33. 55 2 Dumps per week . . . . . . . . . . $ 47 .62 3 Dumps per week . . . . . . . . . . $ 61. 68 4 Dumps per week . . . . . . . . . . $ 75 .74 5 Dumps per week . . . . . . . . . . $ 89 .80 6 Dumps per week . . . . . . . . . . $103 .87 Extra pick up . . . . . . . . . . . $ 8. 88 b. Three-yard Containers 1 Dump per week . . . . . . . . . . $ 47 .08 2 Dumps per week . . . . . . . . . . $ 68. 17 3 Dumps per week . . . . . . . . . . $ 82 .78 4 Dumps per week . . . . . . . . . . $ 97 .38 5 Dumps per week . . . . . . . . . . $111 .99 ,� 6 Dumps per week . . . . . . . . . . $126 . 58 Extra pick up . . . . . . . . . . . $ 12 . 01 � c. Four-yard Containers 1 Dump per week . . . . . . . . . . $ 60 . 60 2 Dumps per week . . . . . . . . . . $101 . 72 3 Dumps per week . . . . . . . . . . $116. 86 4 Dumps per week . . . . . . . . . . $132 .00 5 Dumps per week . . . . . . . . . . $147 . 15 6 Dumps per week . . . . . . . . . . $162 .29 Extra pick up . . . . . . . . . . . $ 15. 62 d. Six-yard Containers 1 Dump per week . . . . . . . . . . $ 74 . 67 2 Dumps per week . . . . . . . . . . $129 . 85 3 Dumps per week . . . . . . . . . . $159 .05 4 Dumps per week . . . . . . . . . . $181 . 77 5 Dumps per week . . . . . . . . . . $204 .48 6 Dumps per week . . . . . . . . . . $227 . 21 Extra pick up . . . . . . . . . . . $ 18 . 28 e. Eight-yard Containers � 1 Dump per week . . . . . . . . . . $ 88 . 73 2 Dumps per week . . . . . . . . . . $157. 97 �, 3 Dumps per week . . . . . . . . . . $214 . 24 4 Dumps per week . . . . . . . . . . $238 .03 � 5 Dumps per week . . . . . . . . . . $261. 83 6 Dumps per week . . . . . . . . . . $285. 62 Extra pick up . . . . . . . . . . . $ 24 .01 `�""' (2) Casters: $6 . 19 per month additional (3) Locks: $2 . 08 per month additional (4) Commercial Hand-load, two dumps per week: $15 . 72 per month for a maximum of four (4) 30-gallon containers , $ .25 additional charge per container over four (4) . (5) Open-top construction and demolition containers: (a) Delivery Fee: Fifty dollars ($50 . 00) (b) Capacity of Container Service Charge (Cubic Yards) Per Month Per Load 20 $61. 88 $ 99. 90 25 $61 .88 $113 .52 30 $61 . 88 $127. 13 35 $61 . 88 $134 .25 .� � 40 $61 . 88 $145. 75 Compactor LD Negotiable Negotiable �.� (c) Temporary Use, one (1 ) or two (2) loads, less than thirty (30) days, but including construction sites for less than twelve (12) months: Delivery Fee: Fifty dollars ($50 .00) Rental charge: Five dollars ($5. 00) per day or one hundred fifty dollars ($150 .00) per month, whichever is less. Each load: One hundred sixty-one dollars and sixteen cents ($161 . 16) Initial payment must be made in advance before container is delivered. Container will not be returned to customer after first load unless payment for second load is made in advance . " Section 5 . That the effective date of the rates contained in this ordinance shall become effective March l , 1991 . �� Section 6 . 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 this 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 7. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadeguate 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 18th day of December , 1990 . APPROVED: ��. William D. Tate Mayor ��, ATTEST: � �J Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney � � �Xril�1"1 ti lv ORDINANCE NO. 90-74 FIFTH ADDENDIIM TO SERVICES CONTRACT � STATE OF TEXAS � COUNTY OF TARRANT This Fifth Addendum to the Services Contract is made this the 26th day of April , 19 gl , at Grapevine, Texas, by and between the City of Grapevine, Texas (the "City") and Laidlaw Waste Systems, Inc. ("Laidlaw") . WHEREAS, a contract for the collection and disposal of residential and commercial refuse, brush, and bulky items from buildings within the City (the "Services Contract") was initially executed and entered into on March 30, 1984 , with an effective date of March 20, 1984; and WHEREAS, �he Services Contract was amended by a First Addendum executed and entered into on and with an effective date of December 16, 1986, by a Second Addendum executed and entered into on August 9, 1988, with an effective date of August 2 , 1988; by a Third Addendum executed and entered into on December and by a Fourth Addendum that was entered into on December 19, 1989 and executed on April 2, 1991 with an effective date of January 1, ,�-,� 1990; and WHEREAS, the City and Laidlaw mutually desire to amend the � Services Contract as hereinafter set forth. WITNESSETH, that for and in consideration of the agreements hereinafter made and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Laidlaw hereby agree and covenant as follows: ARTICLE I. That Section 3 of the Services Contract relating to Unit Price Adjustment be amended in its entirety to read as follows: 3 . UNIT PRICE ADJUSTMENT From time to time during the term of this contract the Contractor may require an increase in unit prices in order to receive a fair return on investment. Requests for such adjustments must be submitted to the City Council for approval. Any increase in unit prices during the five (5) year renewal period of this Contract shall be based on eighty-five percent '�'' (85%) of the annual increase in the Municipal Cost Index ("MCI") for the twelve (12) months immediately preceding the month during � which the request is made, except that the City Council may approve an increase in cost not based on the MCI if the City �+ Council finds in its sole discretion that the costs are extraordinary costs of doing business and are unrelated to the MCI . ��w The Unit Price Adjustment calculation shall not be applicable to the costs for providing curbside recycling for the twelve (12) months following the approval and initiation of such service. Additionally, costs, expenses, record keeping and revenues associated with curbside recycling will be maintained separately from other residential collection and disposal services. ARTICLE II That Section 10 of the Services Contract relating to Residential Service is hereby amended in its entirety to read as follows: -�- 10. RESIDENTIAL SERVICE The Contractor shall collect garbage from places of residence not less than twice per week. These two (2) pick-ups shall be at �� least three (3) days apart. Usual household trash may be placed out for collection in ,��, cans or bags or some other type of disposable container. Bulky items such as furniture, appliances, or large amounts of brush shall be picked up under the terms specified in Section il of this contract. All pick-ups in residential areas shall be accomplished Monday through Saturday during daylight hours, except that in no event shall pick-ups commence prior to 7: 00 o 'clock a.m. Contractor shall not place limits on the amounts of household trash to be picked up. Multi-family dwelling complexes consisting of three (3) or more units shall be classified as commercial and must be collected as commercial hand-load or mechanical containers. Multi-family service dumpsters shall be emptied a minimum of two (2) times per week. Additional dumps shall be at the discretion of the owner. �� .�.�.+ The Contractor shall provide, at his ,� expense, containers necessary for the collection of recyclable materials. Recyclable materials shall be collected at � least once weekly. Initial pick-up shall be glass, newspapers, plastic and metal cans. Should any other material become viable for recycling, either the City or the Contractor may request the addition of a material to be picked up. Any pick-ups made by the Contractor shall in no way preclude the collection of materials by volunteer groups within the City. ARTICLE III. That Section 13 of the Services Contract relating to Service to City is hereby amended in its entirety to read as follows: � 13 . SERVICE TO CITY Except as provided in Section la. of this Contract, service, including the weekly pick-up of recyclable materials, to """""" facilities owned and/or operated by the City shall be provided at not cost to the City. �, Facilities to which service is to be provided at no cost shall include all City parks, swimming pools, water treatment plants, city maintenance shops, City Hall, Civic Center, Convention Center, all Fire Stations, the Police Building, the Convention Visitors Bureau, the library, the Senior Citizen Center, the Golf Course, the Concourse, the Finance Department building, and other facilities acquired by the City during the term of this Contract. In addition, service shall be provided at no cost to facilities operated by the Grapevine Public Housing Authority. Service to these facilities shall be at a frequency specified by the City Manager. � � ARTICLE IV. ""`"' That there shall be a new Section 14a. relating to Recycling Annual Review added to the Services Contract to read as follows: ,�„�, 14a. RECYCLING ANNUAL REVIEW After twelve (12) months following the effective date of this Fifth Addendum, the City and Contractor shall schedule a review of all curbside recycling expenses, costs, revenue and savings to garbage collection and landfill expenses. Upon review the City shall have the option of renegotiating recycling pick-up to provide for further eff-iciency and the enhancement of the program. The Contractor agrees to provide necessary documentation to that end. Any rate increases or decreases shall be determined at that time and shall be effective for another twelve (12) month period. Notwithstanding any provisions contained herein to the contrary, if Contractor and the City cannot agree as to "� any proposed rate increases or decreases, such rate increases or decreases shall be ��i submitted to the City Council for final determination. ARTICLE V. That the effective date of this Fifth Addendum shall be the 1 st day of March , 19�1 . This Fifth Addendum may be executed in counterparts, each of which shall constitute an original and all of which, when take together, shall constitute one agreement, and any party hereto may execute this Fifth Addendum by signing one or more counterparts thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this the 26th day of Apri1 , 1991 in Grapevine, Tarrant County, Texas. � ��r i CITY OF GRAPEVINE, TEXAS LAIDLAW WASTE SY�TEMS, INC.� f r. � � 1 �� '� � ' ..��`� , ( ; l:,� � � �� By: �',�`"��- ,J L'C� �r_�.-� By: ; f.� 1- ��;) � �`�. � �""'"' Ma�k S. Watson � � City Manager Printed Name: HERBER ALL�D Title: DIVISION MAN�GER / r ATTEST: � By• Li da Huff, y Secretary A..�PROVED AS Tt�. FORM: By:� 1 John F. Boyle, Jr. City Attorney APPROVED BY COUNCIL 12/18/90 . �..�, �.�. � �rw