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HomeMy WebLinkAboutORD 2012-045 ORDINANCE NO. 2012-45 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; 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, Allied Waste Services Inc. was renamed,Allied Waste Services of Fort Worth, LLC.; and WHEREAS, on July 20, 2010, by passage of Ordinance No. 2010-30 the City of Grapevine, Texas granted Allied Waste Services of Fort Worth, LLC. 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 August 1, 2010; and WHEREAS, the City Council desires to improve residential recycle service by having Allied Waste Services of Fort Worth LLC. provide roll-cart recycle containers; and WHEREAS, Allied Waste Services of Fort Worth LLC., has requested a rate adjustment to be effective on November 1, 2012; and WHEREAS, the City Council desires to increase the rates for collecting and removing garbage, recycling, refuse and trash and other solid waste 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, Section 25-90 relative to definitions is hereby amended by amending the following definition to read: "RECYCLING CONTAINERS: A sixty-five (65) gallon or ninety-five (95) gallon container for use by residential customers for curbside recyclable materials collection by COMPANY." Section 3. That Chapter 25 Utilities and Services, Article III, Solid Waste Disposal, is hereby amended by amending Section 25-97(a) to read as follows: "Sec. 25-97. Service rates-schedules. (a) Any houses, buildings or premises used for residential purposes, 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 its recyclable materials removed once per week with such rates established annually by ordinance. Monthly Charge Single-family residential $12.22 Single-family residence without city water service 12.22 Duplex 24.44 Multifamily, per unit (without dumpster container) 12.22" Section 4. 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. 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 adjustment will be November 1, 2012. ORD. NO. 2012-45 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of September 2012. APPROVED: William D. Tate Mayor ATTEST: ar,,,e/i,g`zat,tv 4J• C. Brown C Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2012-45 3