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Home My WebLink AboutORD 2022-057 ORDINANCE NO. 2022-057 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE NO. 95-35, AS AMENDED, THE SOLID WASTE FRANCHISE; EXTENDING THE TERM OF THE FRANCHISE TEN (10) YEARS; 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, Section 3 of the Franchise provides that it may be extended upon the mutual agreement of the parties for five (5) years; 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, which would include amending the Franchise; and WHEREAS, the franchisee has requested an updated ten (10) year contract renewal, which would include amending the Franchise; and WHEREAS, the City has determined that extending the Franchise, is in the best interest of the City, and its citizens; 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 Chapter 211 of the Local Government Code; 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 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 1 of the Ordinance 95-35 is amended and replaced in its entirety as follows: “SECTION 1 – PURPOSE Pursuant to the laws of the State of Texas, Article 10 of the Grapevine City Charter and this Ordinance, Allied Waste Services of Fort Worth, LLC. (dba Republic Services) (COMPANY) has the NONEXCLUSIVE right and privilege to USE the public RIGHTS-OF-WAY within the City of Grapevine for the operation of solid waste services subject to the restrictions set forth herein and to the lawful exercise of police power by the CITY as the CITY shall now or hereafter by Charter, Ordinance, or Resolution provide. The terms of this Ordinance shall apply throughout the CITY, and to all operations of the COMPANY within the CITY, and shall include all operations and facilities used in whole or in part in the provision of solid waste services in newly annexed areas upon the effective date of any annexation.” Section 3. That Section 2 of the Ordinance No. 95 -35, as amended, is amended by amending Section 2(8), 2(9), 2(14) and 2(15) to read as follows: “8. COMPANY: Allied Waste Services of Fort Worth, LLC. (dba Republic Services).” “9. CONSUMER PRICE INDEX: "CPI" shall mean the (CPI-U), U.S. City Average, Garbage and Trash collection in U.S. city average, all urban consumers, not seasonally adjusted, published by the United States Department of Labor, Bureau of Labor Statistics 1983 = 100 (i.e. Series Id.: CUUR0000SEHG02). In the event the U.S. Department of Labor Statistics ceases to publish the CPI, the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S.” “14. DISPOSAL CONTAINERS: Any sixty -five (65) gallon or ninety -five (95) gallon container for use by residential customers for curbside garbage, trash, or solid waste materials collection by COMPANY.” “15. DISPOSAL COST: Disposal cost shall mean the index established using the Consumer Price Index (CPI).” Section 4. That Section 3 of Ordinance 95-35 is amended by the addition of the following: “This Ordinance is extended by one (1) additional ten (10) year period, commencing on November 1, 2022.” Ordinance No. 2022-057 2 Section 5. That Section 5(2) and 5(3) of the Franchise, as amended, is hereby amended to read as follows: "2. All trash disposal containers, yard waste containers, brush, and bulky wastes shall be placed at the curbside on the street bearing the customer's address, in alternate location if customer has physical limitation, or in alternate location designated by the City Manager or his designee.” "3. All trash, garbage, or solid waste materials shall be placed in a sixty -five (65) gallon or ninety-five (95) gallon container when furnished by COMPANY and placed at proper location no more than twelve (12) hours prior to the day of collection. All containers shall be placed at the foregoing prescribed locations not later than 7:00 a.m. on the day of scheduled collection, if it’s to be picked up.” Section 6. That Section 12(2) of the Franchise, as amended, is hereby amended to read as follows: “Base Rate Escalation: COMPANY shall maintain residential and commercial rates in effect (the “Base Rates”) on October 1, 2022 for a period of one (1) year. On each anniversary thereafter (the "Rate Modification Date") the Base Rates which shall be calculated by multiplying the then current Base Rate by a fraction, the numerator of which is the Consumer Price Index ("CPI-U"), as defined herein for the March of the then immediately preceding calendar year, and the denominator of which is the CPI-U for March of the year immediately prior to the then immediately preceding calendar year. Any other cost increases including state, federal and local fees, taxes or other additional disposal regulatory charges imposed on disposal since the last rate modification, and any expenditures required of COMPANY solely because of federal, state or local law, rule, regulation, ordinance, order, permit or permit condition becoming effective since the last rate modification may be considered by CITY on a case-by-case basis. If above COMPANY must provide sufficient data, including, but not limited to, audited financial statements. Every adjustment to COMPANY charges or compensation established herein will be cumulative and in addition to every other adjustment conferred herein.” Section 7. That Section 14 of the Ordinance 95-35 is amended and replaced in its entirety as follows: “SECTION 14 - NOTICE For the purpose of this Ordinance, notice to the CITY will be to: City Manager City of Grapevine Ordinance No. 2022-057 3 P.O. Box 95104 200 South Main Street Grapevine, Texas 76099 Notice to the COMPANY will be: General Manager Marketing & Sales Allied Waste Services of Fort Worth, LLC. (dba Republic Services) 6100 Elliot Reeder Road Fort Worth, Texas 76117 Notice will be effective upon delivery at the above addresses until the CITY or COMPANY notifies the other, in writing, of a change in the address.” Section 8. That Appendix B of Ordinance 95-35, as amended, is amended by removing Appendix B in its entirety. Section 9. 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, 2022 Section 10. 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 11. 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 12. 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. Ordinance No. 2022-057 4 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th Day of September, 2022. William D. Tate Mayor ATTEST: Tara Brooks City Secretary IG1 w =1011710li7GF.s113071101 1T� Matthew C.G. Boyle City Attorney Ordinance No. 2022-057 5