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HomeMy WebLinkAboutORD 2021-047 ORDINANCE NO. 2021-047 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, SECTION 25-97 SERVICE RATES--SCHEDULES; 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, 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, Allied Waste Services of Fort Worth, LLC. is a subsidiary of Republic Services; 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, on July 20, 2010, by passage of Ordinance No. 2010-30 the City of Grapevine, Texas granted Republic Services 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, 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 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, Section 11, of the franchise agreement provides for the request of other cost increases; and WHEREAS, Republic Services has requested a rate adjustment to be effective on October 1, 2021; and WHEREAS, the City Council finds it necessary 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; and WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. 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 25-97 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 and trash removed at a monthly charge where such collection and removal is not required in excess of twice each week, have their recyclable materials removed once per week, have their brush and yard waste removed once per week, and have their bulky wastes removed once every other week with such rates established annually by ordinance. Monthly Charge Single-family residential $15.79 Single-family residence without city water service 15.79 Duplex 31.58 Ordinance No. 2021-047 2 Multifamily, per unit (without dumpster) 15.79" (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) Trash Container rates: a. Two-yard loose containers: 1 Dump per week $80.56 2 Dumps per week 135.81 3 Dumps per week 181.89 4 Dumps per week 255.78 5 Dumps per week 332.07 6 Dumps per week 384.09 Extra pickup 27.54 b. Two-yard compactor containers: 1 Dump per week $96.69 2 Dumps per week 162.97 3 Dumps per week 218.27 4 Dumps per week 306.93 5 Dumps per week 398.50 6 Dumps per week 460.93 Extra pickup 32.86 c. Three-yard loose containers: 1 Dump per week $91.61 2 Dumps per week 151.24 3 Dumps per week 216.99 4 Dumps per week 288.65 5 Dumps per week 362.43 6 Dumps per week 411.25 Extra pickup 31.50 d. Three-yard compactor containers: 1 Dump per week $109.92 2 Dumps per week 181.47 3 Dumps per week 260.40 Ordinance No. 2021-047 3 4 Dumps per week 346.38 5 Dumps per week 434.91 6 Dumps per week 493.49 Extra pickup 37.38 e. Four-yard loose containers: 1 Dump per week $116.25 2 Dumps per week 186.81 3 Dumps per week 261.60 4 Dumps per week 333.07 5 Dumps per week 406.47 6 Dumps per week 444.76 Extra pickup 35.45 f. Four-yard compactor containers: 1 Dump per week $139.49 2 Dumps per week 224.17 3 Dumps per week 313.92 4 Dumps per week 399.68 5 Dumps per week 487.76 6 Dumps per week 533.71 Extra pickup 47.42 g. Six-yard loose containers: 1 Dump per week $138.31 2 Dumps per week 233.25 3 Dumps per week 327.63 4 Dumps per week 421.34 5 Dumps per week 528.35 6 Dumps per week 611.72 7 Dumps per week 713.65 Extra pickup 39.37 ' h. Six-yard compactor containers: 1 Dump per week $165.96 2 Dumps per week 279.88 3 Dumps per week 393.16 4 Dumps per week 505.61 5 Dumps per week 634.03 6 Dumps per week 734.06 7 Dumps per week 856.37 Extra pickup 56.42 Ordinance No. 2021-047 4 i. Eight-yard loose containers: 1 Dump per week $172.34 2 Dumps per week 291.06 3 Dumps per week 416.56 4 Dumps per week 532.48 5 Dumps per week 650.10 6 Dumps per week 740.79 7 Dumps per week 864.27 Extra pickup 43.29 j. Roll-Cart Containers (Main Street): 2 Dumps per week $32.38 Extra Roll-Carts 6.58 (2) Recycle Container rates: a. Cardboard only front-load eight-yard containers: 1 Dump per week (not to exceed) $45.09 b. Roll-Cart (95 gallon) Recycle containers: 1 Dump per week (not to exceed) $18.88 Extra Roll-Carts $6.58 c. Six-yard front-load recycle containers: 1 Dump per week $81.87 2 Dumps per week 141.03 3 Dumps per week 198.10 4 Dumps per week 254.76 Extra pickup 27.84 d. Eight-yard front-load recycle containers: 1 Dump per week $94.50 2 Dumps per week 162.74 3 Dumps per week 232.91 4 Dumps per week 297.71 Extra pickup 32.12 e. Twenty-yard open top loose recycle containers: Total per load $262.53 Ordinance No. 2021-047 5 f. Twenty-yard compacted recycle containers: Total per load $285.13 g. Thirty-yard open top loose recycle containers: Total per load $282.03 h. Thirty-yard compacted recycle containers: Total per load $315.93 (3) Organic Food Waste rates: a. Three-yard containers: 1 Dump per week $126.45 (4) Caster rates: per month $8.24 (5) Lock rates: per lift $1.45 (6) Enclosure Gate rates: per lift $1.45 (7) Commercial hand-load, two (2) dumps per week: Thirty-three dollars and seventy-six cents ($33.76) 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). (8) Open top construction and compactor containers: a. Delivery fee $123.23 b. Daily rental fee $5.23 c. Haul $223.53 d. Trash Disposal: Loose $8.31 / cubic yard Compacted $11.73 / cubic yard Ordinance No. 2021-047 6 e. Deposit $359.80 f. Billing for commercial 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 $1.20 (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 3. 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 4. 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. Ordinance No. 2021-047 7 Section 5. That the effective date of this rate adjustment will be October 1, 2021. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of September, 2021. APPROVED: William . Tate Mayor ATTEST: i t2r1p�. (Aeaelaniev Tara Brooks y i City Secretary , APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2021-047 8