HomeMy WebLinkAboutORD 2010-031 ORDINANCE NO. 2010-31
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, Section 12, Item 1 of the franchise agreement provides for the
establishment of residential and commercial rates on an annual basis prior to October 1
of each year; and
WHEREAS, Allied Waste Services of Fort Worth, LLC has requested a rate
adjustment to be effective on August 1, 2010; 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, 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 amending Section 25-90 in its entirety to read as
follows:
"Sec. 25-90. Definitions.
As used in this article, the following terms shall have the respective
meanings ascribed to them:
1. ANNUAL FEE: Compensation for the use, occupancy, oversight,
supervision and regulation of the RIGHTS-OF-WAY.
2. BRUSH: Limbs, branches and other trimmings which can not be placed in
disposable containers and/or exceeds 4 feet in length and 6 inches in
diameter.
3. BULKY WASTES: Large discarded items from residences within the CITY
such as furniture, appliances, bedding, household goods, and other similar
objects that are more than 4 feet square or 4 feet in diameter and weigh
more than 75 pounds. Refrigerators, freezers, air conditioners and any other
appliances or equipment utilizing freon which have not been properly
discharged or that COMPANY is otherwise precluded from collecting by law,
will not be collected without additional charge.
4. CITY: The City of Grapevine, Texas.
5. COMMERCIAL CONTAINERS: Metal containers of 2 yard capacity or
greater supplied by COMPANY to service commercial customers.
6 COMMERCIAL CUSTOMER: Any customer using a metal container of 2
yards or greater or as may be defined from time to time by the city manager
or his designee in consultation with COMPANY.
7. COMMERCIAL HAND-LOAD CUSTOMER: Any commercial customer not
using a commercial container.
8. COMPANY: Allied Waste Services of Fort Worth LLC
9. CONSUMER PRICE INDEX: "CPI" shall mean the (CPI-U), Dallas/Fort
Worth area, all items, published by the United States Department of Labor,
Bureau of Labor Statistics 1982-1984 = 100. In the event the U.S.
Department of Labor Statistics ceases to publish the CPI, the parties hereto
agree to substitute another equally authoritative measure of change in the
ORD. NO. 2010-31 2
purchasing power of the U.S.
10. CURBSIDE SERVICE: Garbage, trash, yard waste, brush, bulky wastes and
recyclable materials to be picked up by the COMPANY which will be located
at the curbside of the street bearing the customer's address.
11. CUSTOMER: All persons, households, tenants or businesses receiving
solid waste services.
12. CONSTRUCTION MATERIALS: Dirt, concrete, rocks, bricks, lumber,
shingles, plaster, sand or gravel and other waste building materials.
13. DIRECTION OF THE CITY: All ordinances, laws, rules, regulations and
Charter provisions of the CITY now in force or that may hereafter be passed
and adopted which are not inconsistent with this Ordinance.
14. DISPOSABLE CONTAINERS: Any plastic bag or cardboard box with a
capacity of volume of thirty (30) gallons or less and which is capable of
containing garbage, trash or solid waste without leaking or emitting odors,
and which weighs, when loaded, less than fifty (50) pounds.
15. DISPOSAL COST: Disposal cost shall mean the composite index
established using the gate rates from the five (5) landfills identified in
Appendix B. Landfills named in Appendix B subject to modification upon
mutual agreement between CITY and COMPANY.
Note: Appendix B has not been set out herein but is available for inspection
in the offices of the CITY.
16. FACILITIES: Any buildings, structures, or containers used for the collection,
separation or disposal of solid waste.
17. GARBAGE: All animal or vegetable waste (as from a kitchen or food
processing facility), tin cans, bottles, sacks, clothes, extinguished ashes,
paper (not including heavy accumulations of newspapers and magazines)
and any other household waste which is damp or capable of emitting
noxious odors.
18. HAZARDOUS WASTES: All fecal material, oil, sludge (other than that
material generated by the CITY'S Wastewater Treatment Plant unless such
material is subsequently designated by the U.S. Environmental Protection
Agency ("EPA") or appropriate agency of the State of Texas as a hazardous
waste) and any radioactive, pathological, toxic, acidic or volatile materials,
or any chemical compound, mixture, substance, or article which is
designated by the EPA or appropriate agency of the State of Texas to be
"hazardous", "toxic", "contaminant" or "pollutant" as such terms are defined
by or pursuant to federal or state laws.
ORD. NO. 2010-31 3
19. MOBILE HOME: A single-family housing unit.
20. MOBILE HOME PARK: A tract of land, which is generally not less than ten
acres, used for the development of a mobile home subdivision pursuant to
the city's zoning and licensing ordinances. The subdivision allows for the
placement of individual mobile homes within the subdivision.
21. NON-EXCLUSIVE: No rights provided for in this Ordinance by the CITY
shall be exclusive, and the CITY reserves the right to grant franchises,
licenses, easements, or permissions to use the public RIGHTS-OF-WAYS
within the CITY to any person or entity as the CITY, in its sole discretion
may determine to be in the public interest.
22. RECYCLING CONTAINERS: An eighteen (18) gallon container for use by
residential customers for curbside recyclable materials collection by
COMPANY.
23. RECYCLABLE MATERIALS: Recyclable materials shall mean:
a. Newsprint and magazines.
b. Telephone directories in conjunction with redirectory projects.
c. Glass bottles and jars but not including mirrors, windows, ceramics or
other glass products.
d. Aluminum and tin cans used for beverage, food, beer, and soft drinks
composed of tin, steel, or aluminum but excluding scrap metal.
e. Plastics composed of H.D.P.E. (high density polyethylene) and
P.E.T. (polyethylene terephthalate) bottles, numbers 1, 2,3,4,5 & 7.
f. White paper products including mail, office paper, advertisements
and similar materials.
g. Old corrugated cardboard (OCC) and Chip Board.
As recycling markets open up to additional recyclables, this list may be
expanded based on mutual agreement of CITY and COMPANY.
24. RESIDENTIAL CUSTOMER: Any single-family home or duplex located on
an individually plated lot or as may be defined from time to time by the city
manager or his designee in consultation with company.
25. RIGHTS-OF-WAY: All present and future streets, avenues, highways,
alleys, bridges and easements dedicated for public use within the city limits
of the CITY.
ORD. NO. 2010-31 4
26. SOLID WASTE: All garbage, trash, brush, yard waste, bulky waste and
construction materials.
27. TCEQ: Texas Commission on Environmental Quality.
28. TRASH: All household refuse other than garbage, construction materials,
brush and bulky wastes. Trash includes yard waste, heavy accumulations of
newspapers and magazines, old clothes and other household trash of like
kind, but shall not include hazardous wastes or refrigerators, freezers, air
conditioners or other appliances or equipment using freon which has not
been properly discharged or other items banned by state or federal
regulation to prohibit from disposal in landfills.
29. YARD WASTE: Grass clippings, yard cleanings, leaves, tree trimmings and
branches. Tree trimmings and branches must be 4 feet or less in length,
and no more than 6 inches in diameter and weigh less than 50 lbs."
Section 3. That Chapter 25 Utilities and Services, Article III, Solid Waste
Disposal, is hereby amended by amending Section 25-97 in its entirety 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 $ 11.09
Single-family residence without city water service 11.09
Duplex 22.18
Multifamily, per unit (without dumpster container) 11.09
(b) Collecting and removing of garbage, refuse and trash from houses,
buildings and premises used for commercial and business purposes
(apartment complexes with three or more units and mobile home
parks 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 rates are established annually by
ordinance.
(1) Container rates:
a. Two-yard containers:
ORD. NO. 2010-31 5
1 Dump per week $ 60.29
2 Dumps per week 101.61
3 Dumps per week 136.10
4 Dumps per week 191.36
5 Dumps per week 248.45
6 Dumps per week 287.38
Extra pickup 20.60
b. Three-yard containers:
1 Dump per week $ 68.54
2 Dumps per week 113.16
3 Dumps per week 162.35
4 Dumps per week 215.97
5 Dumps per week 271.18
6 Dumps per week 307.68
Extra pickup 23.56
c. Four-yard containers:
1 Dump per week $ 86.98
2 Dumps per week 139.77
3 Dumps per week 195.72
4 Dumps per week 249.21
5 Dumps per week 304.12
6 Dumps per week 332.77
Extra pickup 26.52
d. Six-yard containers:
1 Dump per week $ 103.47
2 Dumps per week 174.52
3 Dumps per week 245.14
4 Dumps per week 315.25
5 Dumps per week 395.30
6 Dumps per week 457.69
7 Dumps per week 533.96
Extra pickup 29.45
e. Eight-yard containers:
1 Dump per week $128.94
2 Dumps per week 217.77
3 Dumps per week 311.66
4 Dumps per week 398.40
5 Dumps per week 486.41
ORD. NO. 2010-31 6
6 Dumps per week 554.27
7 Dumps per week 646.65
Extra pickup 32.39
(2) Recycling Containers:
a. Cardboard only containers:
1 Dump per week (not to exceed) $ 35.95
b. Toter recycle containers:
1 Dump per week $15.26
Extra toters 5.09
c. Toter recycle containers (Main Street):
2 Dumps per week $24.22
Extra toters 5.09
d. Six-yard recycle containers:
1 Dump per week $66.14
e. Eight-yard recycle containers:
1 Dump per week $76.31
(3) Casters: Six dollars and thirty-seven cents ($6.37) per month
additional.
(4) Locks: One dollar and twelve cents ($1.12) per lift.
Gates: One dollar and twelve cents ($1.12) per lift
(5) Commercial hand-load, two (2) dumps per week: Twenty-five
dollars and twenty-six cents ($25.26) per month for a
maximum for four (4) thirty-gallon containers. If more than
four (4) thirty-gallon containers are necessary for service, then
customer will use commercial garbage container(s).
(6) Open top construction and demolition containers:
a. Delivery fee $ 95.42
b. Daily rental fee $4.05
c. Haul $173.09
d. Disposal:
ORD. NO. 2010-31 7
Loose $5.83 / cubic yard
Compacted $8.75 / cubic yard
e. Deposit $278.60
f. Billing for open-top construction containers will be
performed by the contractor. The City will establish such
rates annually by ordinance.
(c) Collecting and removing of recyclables from multifamily (apartment)
complexes will be performed [by] contractor at least once each week.
Every apartment complex will be assessed a per unit monthly fee with
such rates established annually by ordinance.
Monthly apartment recycling fee . . . $0.95
(d) Rates for any service required other than the above described
services will be determined by the city.
(e) The minimum service to be rendered shall be once each week.
Should any place of business not be specifically designated by
name, such error or omission will not relieve the owner, occupant,
tenant or lessee of the binding effect of this article, but the same
charge shall be made as that entered against a business of a like or
similar nature.
(f) Mobile home parks may request curbside service for each individual
housing unit for the collection of garbage, trash, yard waste and
recyclables only. Such garbage, trash, yard waste and recyclables
must be generated by tenant. The fee for such service will be the
normal residential rate established annually by ordinance per the
number of units in the park. The mobile home park must maintain
commercial service for its office, management and other operations
and for the collection of all brush and bulky waste as further defined
by Article III, section 25-90, Grapevine Code of Ordinances."
Section 4. That Chapter 25 Utilities and Services, Article III, Solid Waste
Disposal, is hereby amended by amending Section 25-102 in its entirety to read as
follows:
"Sec. 25-102. Inspections; enforcing health requirements.
It is hereby made the duty of the public works director to make inspection
trips at regular intervals to determine whether or not garbage and trash
are being properly collected, removed and disposed of as required by the
provisions of this or any other applicable health ordinance, and in the
event it is found that the ordinance is being violated, appropriate and
ORD. NO. 2010-31 8
timely action shall be taken to insure a full compliance with its provisions."
Section 5. 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 6. 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 7. That the effective date of this rate adjustment will be August 1,
2010.
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 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 final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 20th day of July, 2010.
APPROVED:
William D. Tate
Mayor
ATTEST:
I.
Linda Huff
City Secretary
ORD. NO. 2010-31 9
APPROVED AS TO FORM:
t ,
John F. Boyle, Jr.
City Attorney
ORD. NO. 2010-31 10