The URL can be used to link to this page

Home My WebLink AboutORD 1989-006 CITY OF GRAPEVINE, TEXAS ORDINANCE NO . 89-Oh AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING AND ADOPTING THE THIRD 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; 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 , and by a Second Addendum executed and entered into on August 9 , 1988 , with an effective date of August 2 , 1988 ; 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 Third Addendum to Services Contract , a copy of which is attached hereto as ,.. :. Exhibit "A" and is incorporated herein for all purposes ; and WHEREAS, the Third Addendum to Services Contract is beinq 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 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 Third Addendum to the Services Contract in substantially the form attached hereto as Exhibit "A" . Section 3 . The Third 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 adden�um is designed to promote the health, safety and general welfare of the citizens of the City of Grapevine . Section 4 . If any section, article, paragraph, � 4 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 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 . 0 2 5 6 L/ 1 Section 5 . The fact that the present ordinances and regulations of the City of Grapevine, Texas , are inadequate to properly safequard the health, safety, morals , peace and general welfare of the inhabitants of the City of Grapevine , Texas , creates an emergency which requires that this ordinance shall 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 17th day of Januarv � ,�-•-..� 1989. �J' Mayor , City of Grapevine, Texas ATTEST: aG�w City Secretar City of Grapevine, Texas [SEAL] APPROVED AS TO FORM: City Attorney City of Grapevine, Texas �_,,:w - 2 - 0 2 S 6 L / 4 EXHIBIT "A" TO ORDINANCE NO. 89-06 EXHIBIT "A" THIRD ADDENDUM TO SERVICES CONTRACT STATE OF TEXAS � � COUNTY OF TARRANT � This Third Addendum to the Services ContractTexasmaby this day of , 1989, at Grapevine, and between the City of Grapevine, Texas (the "City" ) and �`Kz�:�-..:�_ . Laidlaw Waste Systems , Inc . ("Laidlaw" . WHEREAS, a contract for the collection and disposal of residential and commercial refuse, brush, and bulky items fWas buildings within the City (the "Services Contract" ) 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 , and by a Second Addendum executed and entered into on Auqust 9 , 1988 , with an effective date of August 2 , 1988 ; 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 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 pick-ups shall be at least three 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 11 of this contract . All pick-ups in residential areas shall be accomplished Monday through Saturday during dayliqht 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 or more units shall be classified as commercial and must be collected as commercial hand-load or mechanical containers . Mtilti-family service dumpsters shall be emptied a minimtim of two times per week. Additional dumps shall be at the discretion of the owner . 0 2 5 6 L/ 5 EXHIBIT "A" TO ORDINANCE NO. 89-06 ARTICLE II . That Section 11 of the Services Contract relating to Brush and Bulky Waste is hereby amended in its entirety to read as follows : 11 . Brush and Bulky Waste Collection of large quantities of brush and ��` ` large objects such as appliances shall be provided to all residential customers (single family and duplex) once each week on the �,�..;w. second pick-ug of the week. Schedules for pick up of these types of materials must be approved by the City Manager . Payment for this service will be made to the Contractor by the City from its operating funds and a charge separate from the residential rate will be levied by the Contractor for this service. The charge, if any, for this service will be a flat fee per residential unit , per month with the number of residential units to be updated quarterly. Commercial and multi-family customers may be offered this same service with charges to be on a negotiated basis . ARTICLE III . That the effective date of this Third Addendum shall be the day of � 1989 . ;. _. This Third Addendum may be executed in counterparts , eac of which shall constitute an original and all of which, when h- _ taken together, shall constitute one agreement, and any party hereto may execute this Third Addendum by siqning one or more counterparts thereof . IN WITNESS WHEREOF, the parties hereto have executed this Agreement this the day of , 1989, in Grapevine, Tarrant County, Texas . CITY OF GRAPEVINE, TEXAS LAIDLAW WASTE SYSTEMS, INC. By: By� Acting City Manager Printed Name : Title : ATTEST: ' By: City Secretary [SEAL] APPROVED AS TO FORM: BY� _ ------— City Attorney - 2 - 0 2 5 6 L/ 2