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HomeMy WebLinkAboutORD 2012-044 ORDINANCE NO. 2012-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING ORDINANCE NO. 95-35, AS AMENDED, THE SOLID WASTE FRANCHISE; UPDATING THE TERM OF THE FRANCHISE TO FIVE (5) YEARS WITH A FIVE (5) YEAR RENEWAL; 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 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, Section 3 of the Franchise provides that it may be extended upon the mutual agreement of the parties; 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 such an extension and in doing so has offered favorable incentives to the City, which would include amending the Franchise; and WHEREAS, the franchisee has requested an updated five (5) year contract period and a five (5) year automatic renewal, which would include amending the Franchise; and WHEREAS, the City has determined that amending the Franchise, 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 2 of the Ordinance No. 95-35, as amended, is amended by amending Section 2(22) to read as follows: "22. 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 Section 3 of Ordinance No. 95-35, as amended, is amended by amending Section 3 to read as follows: "SECTION 3 — TERM The initial term of this Contract shall be for a period commencing on November 1, 2012 (the "Effective Date") and terminating on October 31, 2017 (the "Initial Term"). After the Initial Term, this Contract will be automatically renewed for a five (5) year term which begins November 1, 2017 (the "Renewal Term"), unless the CONTRACTOR provides the City of Grapevine with notification 90 days of the intent not to renew and/or Grapevine City Council makes a finding prior to 90 days to the termination date that CONTRACTOR has not performed in a satisfactory manner in accordance with the needs of the citizens of CITY. All reference herein to the "Term" of this Contract shall be deemed to include the Initial Term and any Renewal Term." Section 4. That Section 5 of Ordinance No. 95-35, as amended, is amended by amending Section 5(5) to read as follows: "5. All recyclable materials shall be placed in a sixty-five (65) gallon or ninety- five (95) gallon container furnished by COMPANY and placed at curbside on the street bearing the customer's address. Recyclable materials shall not be placed at curbside more than twelve (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 scheduled collection, if it is to be picked up." Section 5. That Section 25 of Ordinance No. 95-35, as amended, is amended by amending Section 25 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 November 1, 2012." Section 6. That Appendix B of Ordinance No. 95-35, as amended, is amended to establish that the method of determining annual increases in the Consumer Price Index ORD. NO. 2012-44 2 (CPI) and Landfill Gate Rate (Rate) will compare the change in the CPI or Rate over 12 consecutive months from March of the prior year to March of the current year. Section 7. 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 nolo contendere, or dismissal. Section 8. 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 9. 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 18th day of September, 2012. APPROVED: Williar7 . Tate Mayor ATTEST: .00 63)774/7/\., Jo's . Brown Cit: Secretary ORD. NO. 2012-44 3 APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2012-44 4