HomeMy WebLinkAboutORD 1989-086 ORDINANCE NO. 89-86
. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, APPROVING AND ADOPTING
THE FOURTH ADDENDUM TO THE WASTE COLLECTION
SERVICES CONTRACT BETWEEN THE CITY AND
LAIDLAW WASTE SYSTEMS , INC. ; DECLARING THAT
THE ADDENDUM IS ADOPTED PURSUANT TO THE
_, A CITY 'S POLICE POWERS; PROVIDING THAT THE
ADDENDUM IS DESIGNED TO PROMOTE THE HEALTH,
SAFETY AND GENERAL WELFARE OF THE CITIZENS
OF GRAPEVINE; PROVIDING A SEVERABILITY
"�" CLAUSE; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, a contract (the "Services 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; 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 and by
a Third Addendum executed and entered into on and with an effective
date of February 1 , 1989; and
WHEREAS, Laidlaw Waste Systems, Inc. ("Laidlaw") is the
successor in interest to the Services Contract; and
= WHEREAS, a State mandated solid waste disposal fee for all
solid waste disposed of in the State of Texas is required to be
charged pursuant to Section 4B, Article 4477-7 , V.T.C. S. , as added
"�" by the 71st Legislature, Regular Session, Senate Bill No. 1519,
Chapter 1143 (1989) ; and
WHEREAS, the City and Laidlaw mutually desire to amend the
Services Contract as provided by a Fourth Addendum to Services
Contract to provide for the collection of the State disposal fee, a
copy of which is attached hereto as Exhibit "A" and is incorporated
here in for all purposes; and
WHEREAS, the Fourth 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.
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
��°••� fully set forth therein.
Section 2 . That the City Council hereby approves and adopts
�%� the Fourth Addendum to the Services Contract in substantially the
form attached hereto as Exhibit "A" .
Section 3 . The Fourth Addendum to the Service Contract is
hereby adopted pursuant to the City' s police powers and is designed
to promote the health, safety and general welfare of the citizens
of the City.
Section 4 . If any section, article, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereto 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 5 . 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 19th day of December , 1989 .
APPROVED:
William D. Tate
Mayor
ATTEST:
' i da Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
�.,�.,,
�
EXHIBIT "A" TO
ORDINANCE N0. 89-86
FOURTH ADDENDUM TO SERVICES CONTRACT
STATE OF TEXAS
COUNTY OF TARRANT
This Fourth Addendum to the Services Contract is made this the
� day of , 19 , 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, 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 , and by a
Third Addendum executed and entered into on and with an effective
date of February 1 , 1989; and
WHEREAS, a State mandated solid waste disposal fee for all
solid waste disposed of in the State of Texas is required to be
charged pursuant to Section 4B, Article 4477-7 , V.T.C. S. , as added
by the 71st Legislature, Regular Session, Senate Bill No. 1519 ,
Chapter 1143 (1989) ; and
WHEREAS, the City and Laidlaw mutually desire to amend the
�� Services Contract to provide for the collection of the State
disposal fee.
""�' 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 2 of the Services Contract relating to Payment is
hereby amended in its entirety to read as follows:
2 .
PAYMENT
The City of Grapevine shall perform billing and State sales
tax and State disposal fee collection services for Contractor by
means of its monthly water billing procedures. The City shall be
responsible for remitting the sales tax in accordance with the
Texas Tax Code. Contractor shall be responsible for payment of the
State disposal fee at the time solid waste is disposed of at a
landfill. Within 30 days of the end of each month during which
��� collection and disposal services are provided by the Contractor,
the City shall forward to the Contractor payments received for
Contractor' s service for the prior month. The monthly payment
shall be determined as follows:
1 . The number of single-family residential service units on
the active customer list times the current unit price for
single-family residential service, PLUS
2 . The number of duplex residential service units on the
active customer list times the current unit price for duplex
service, PLUS
EXHIBIT "A" TO
ORDINANCE NO. 89-86
3 . The total billing of commercial users based on the
frequency of collections and sizes of containers, PLUS
4 . The number of hand-load commercial service units on the
active customer list times the current unit price for hand load
commercial service, PLUS
5 . The total number of open top construction and demolition
containers placed in the City at a customer' s request times the
�, unit price determined by the size of container and the number of
dumps, LESS
6 . A sum equal to two percent (20) of the total of items 1
� through 5, inclusive, which shall be retained by the City of
Grapevine as a franchise fee, LESS
7 . A sum equal to eight percent (8%) of the total of items 1
through 5 , inclusive, which in accordance with the proposal of the
Contractor shall be retained by the City as compensation for
billing and collection services, LESS
8 . A retainage equal to two percent (20) of the total of
items 1 through 5 , inclusive, which will be used as a bad debt
reserve. If at the end of a fiscal year this retainage is greater
than the actual loss due to bad debts the difference will be
refunded to the Contractor.
ARTICLE II .
That the effective date of this Fourth Addendum shall be the
day of , 19
This Fourth Addendum may be executed in counterparts, each of
�v�^ which shall constitute an original and all of which, when taken
together, shall constitute one agreement, and any party hereto may
execute this Fourth Addendum by singning one or more counterparts
�" thereof.
IN WITNESS WHEREOF , the parties hereto have executed this
Agreement this the day of , 19 , in
Grapevine, Tarrant County, Texas.
CITY OF GRAPEVINE, TEXAS LAIDLAW WASTE SYSTEMS, INC.
By; By:
City Manager Printed Name:
Title:
ATTEST:
By:
City Secretary
[SEAL]
��
APPROVED AS TO FORM:
By:
City Attorney