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HomeMy WebLinkAboutItem 07 - Solid Waste Franchise Agreement & Amend Chapter 25MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: JANUARY 21, 2014 SUBJECT: SOLID WASTE FRANCHISE AGREEMENT AND SOLID WASTE DISPOSAL ORDINANCE AMENDMENTS RECOMMENDATION: City Council consider adopting the following: • an ordinance amending the City's current franchise agreement (Ordinance No. 95- 35), as amended, with Republic Services (dba Allied Waste Services of Fort Worth, LLC.) to provide a clean brush and yard waste program, • an ordinance amending Chapter 25, Utilities and Services , Article III Solid Waste Disposal to reflect adjustments to the residential solid waste agreement necessary to implement a clean brush and yard waste program, and take any necessary action. C�'• City Council approved a three month clean brush and yard waste pilot program in two of Grapevine's ten residential recycle routes on July 16, 2013. The pilot program was conducted in the three month period of September through November, 2013 with positive results. Based on the pilot program results, Republic Services has proposed a brush diversion program for residential service by providing for clean brush and yard waste collection and diversion. The clean brush and yard waste collection will alternate weekly with the bulk and brush collection. The current pick -up date will remain on Wednesday City Wide with the only change being every otherweek the current brush and bulk pickup will be restricted to clean brush and yard waste. This program will become effective the week of March 5, 2014. The attached ordinances amend the current franchise agreement and the City Code addressing Solid Waste to reflect the new program. Staff recommends approval. JSL /ds 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. Bulky wastes shall be placed out for collection every other week." 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) of the Franchise, as amended, is 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; as well as, collection of bulky wastes every other week." "13. COMPANY shall collect all brush and yard waste items weekly. Additionally, COMPANY shall collect all bulky wastes every other week. 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 polo contendere, or dismissal. ORD. NO. 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. USSRORT93 ATTEST: ORD. NO. 3 ORDINANCE NO. otm Soto 0 v)p S TE 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 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, the City Council desires to improve residential recycle service by having Republic Services provide clean brush and yard waste service; and WHEREAS, Republic Services has requested an every other week collection schedule for bulky wastes to commence on March 5, 2014. GRAPEVINE, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 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 -91 to read as follows: "Sec. 25 -91. Containers - Required. Every owner, occupant, tenant, or lessee using or occupying any building, house or structure within the city for residences, churches, schools, colleges, lodges, commercial business and other purposes shall provide and maintain garbage, trash, and yard waste containers of sufficient number and size, as hereinafter specified, to hold the garbage, trash, and yard waste that will normally accumulate on the premises." Section 3. That Chapter 25 Utilities and Services, Article III, Solid Waste Disposal, is hereby amended by amending Section 25 -94 in its entirety to read as follows: "Sec. 25 -94. Same -- Placement for emptying. The owner, occupant, tenant, or lessee of the premises shall place the container, such container having no more than a 33- gallon capacity and weighing less than 50 pounds, in the required front yard or right -of -way. Containers shall not be placed in the required front yard or right -of -way more than 12 hours prior to the day of pickup. All containers shall be placed at the foregoing prescribed locations not later than 7:00 a.m. on the day of scheduled collection if they are to be picked up. Dumpsters shall not be placed in the right -of -way or required front yard of any premises. The development services director may approve the location of dumpsters in the required front yards, provided he finds there is no other location on the lot suitable for storage and access to the dumpster. All dumpsters located within the City of Grapevine shall conform to all requirements of this section within 60 days of the adoption of this section." Section 4. 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 and trash 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. Same houses, buildings or premises used ORD. NO. 2 for residential purposes shall have their bulky wastes, brush and yard waste removed on alternating weeks as follows: • Clean Yard Waste and Brush every other week • Yard Waste, Brush and Bulky Wastes every other week with such rates established annually by ordinance. Monthly Charge Single- family residential ........... ............................... ........................$12.51 Single - family residence without city water service ........................... 12.51 Duplex............................................................... ............................... 25.02 Multifamily, per unit (without dumpster container) .. .........................12.51" Section 5. That 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. 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 passage, and it is accordingly so ordained. Section 7. That the effective date of this rate adjustment will be March 5, 2014. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of January, 2014. ORD. NO. 3 ATTEST: