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HomeMy WebLinkAboutORD 2006-061 ORDINANCE NO. 2006-61 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, 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, Section 11, 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, Inc., has requested a rate adjustment to be effective on October 1, 2006; 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, Section 25-97 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 Ill, Solid Waste Disposal, is hereby amended by amending Section 25-97(a) 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 $ 10.45 Single-family residence without city water service 10.45 Duplex 20.93 Multifamily, per unit (without dumpster container) 10.45" Section 3. That Chapter 25 Utilities and Services, Article III, Solid Waste Disposal, is hereby amended by amending Section 25-97(b), Subsections (1) through (5) to read as follows: "(1) Container rates: a. Two-yard containers: 1 Dump per week $ 56.79 2 Dumps per week 95.72 3 Dumps per week 128.21 4 Dumps per week 180.27 5 Dumps per week 234.05 6 Dumps per week 270.72 Extra pickup 19.41 b. Three-yard containers: 1 Dump per week $ 64.56 2 Dumps per week 106.60 3 Dumps per week 152.95 4 Dumps per week 203.46 5 Dumps per week 255.47 6 Dumps per week 289.85 Extra pickup 22.19 ORD. NO. 2006-61 2 c. Four-yard containers: 1 Dump per week $ 81.94 2 Dumps per week 131.68 3 Dumps per week 184.38 4 Dumps per week 234.77 5 Dumps per week 286.49 6 Dumps per week 313.49 Extra pickup 24.97 d. Six-yard containers: 1 Dump per week $ 97.47 2 Dumps per week 164.41 3 Dumps per week 230.92 4 Dumps per week 296.98 5 Dumps per week 372.39 6 Dumps per week 431.16 Extra pickup 27.74 e. Eight-yard containers: 1 Dump per week $121.46 2 Dumps per week 205.14 3 Dumps per week 293.60 4 Dumps per week 375.31 5 Dumps per week 458.22 6 Dumps per week 522.15 Extra pickup 30.51 f. Recycling Containers 1 Dump per week (not to exceed) $ 35.33 (2) Casters: Six dollars ($6.00) per month additional. (3) Locks: One dollar and five cents ($1.05) per lift. Gates: One dollar and five cents ($1.05) per lift (4) Commercial hand-load, two (2) dumps per week: Twenty three dollars and eighty cents ($23.80) 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). ORD. NO. 2006-61 3 (5) Open top construction and demolition containers: a. Delivery fee $ 89.89 b. Daily rental fee $3.81 c. Haul $163.05 d. Disposal: Loose $5.49/cubic yard Compacted $8.24/cubic yard e. Deposit $262.45 f. Billing for open-top construction containers will be performed by the contractor. The City will establish such rates annually by ordinance." Section 4. That Chapter 25 Utilities and Services, Article III Solid Waste Disposal is amended by amending the following Section 25-97(c), Subsections (1) through (8) to read as follows: "(1) With the exception of food service establishments, retail establishments of greater than 50,000 rentable square feet referred to as Anchor Stores shall be charged $0.0167/sq. ft./ month. (2) With the exception of food service establishments, retail establishments of 20,000 — 50,000 rentable square feet referred to, as Major Stores shall be charged $0.0333/sq. ft/month. (3) With the exception of food service establishments, retail establishments of under 20,000 rentable square feet referred to as Specialty Shops shall be charged $0.0610/sq. ft /month. (4) Specialty Food establishments of 2,000 and less rentable square feet shall be charged $0.1625/sq. ft./month. (5) Theatre establishments shall be charged $0.0333/sq. ft/month. (6) Major Restaurant establishments of 10,000 — 35,000 rentable square feet shall be charged $0.0499/sq. ft/month. (7) Restaurant establishments of 10,000 and less rentable square feet shall be charged $0.1664/sq. ft/month. (8) Food Court establishments of 1,500 and less rentable square feet shall be charged $0.2925/sq. ft./month." 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. ORD. NO. 2006-61 4 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 October 1, 2006. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of September, 2006. APPROVED: William D. Tate Mayor ATTEST: Lin a Huff City Secretary APPROVED AS TO FORM: Matthew Boyle City Attorney ORD. NO. 2006-61 5