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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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FROM: BRUNO RUMBELOW, CITY MANAGER �
MEETING DATE: APRIL 15, 2008
SUBJECT: SOLID WASTE ORDINANCE AMENDMENT
RECOMMENDATION:
City Council consider adopting an ordinance amending Chapter 25, Utilities and
Services, Article III Solid Waste Disposal, Section 25-97, Service Rates — Schedules to
remove Subsection ( c ) in its entirety, and take any necessary action.
BACKGROUND:
The City Council adopted Ordinance 97-66 on July 15, 1997 to establish solid waste
rates for "retail establishments located in multi-tenant ret�il facilities with leasable area
under roof of not less than 1,300,000 square feet". These rates were established
through negotiations between the Mills Corporation and Laidlaw Waste Systems.
The Mills Corporation has been acquired by the Simon Property Group. Their
management has submitted a letter to the City, signed by their local representative and
the Allied Waste Services General Manager, requesting the City repeal the negotiated
rates in Subsection (c) in their entirety in favor of the standard rate schedule for
commercial/retail establishments.
Staff recommends approval.
O:�agenda\04152008\Solid Waste Rate Memo
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April 10, 2008 (10:54AM)
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April l,2008
Matt Singleton,
Director of Public�Vorks
City of Grapevine
P.O.Box 95104
Grapevine,TX 76099
Re: Article III. Solid Waste Disposal
Section 2�-47(c)
Dear Matt:
Please accept this letter from Allied Waste Setvices and Siinon Property Group /
Grapevine i��IiIls (l:erein referred to as "T'he Parties") as a formal request to repeal Section
25-97(cj of the City of Grapevine's Solid Waste Disposat Ordinance.
As you are aware, thc above referenced section requires Allied �t'aste to invoice
Gra�evine i�lills' tenants directly. The Parties desire the follawing: the cur:ent billin�
azangement cease immediately(or as quickly as permitted by law), Allied �Vaste invoice
Simon Property Uroup dba Grapevine Nfills as one commercial customer at the prevailin�
franchise rates and Simon Property Group dba Grapevine Millc directly imroice its
tenants located at Grapevine i�Iills based on rates set 6y Simon Property Group.
Please let us know what action is required on behatf of The Parties to have tnis ordinance
repeated. Tl�ank you for continued assistance;.support and cooperation with this matter.
Sincerely, �
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,����_..
Robert esare Tim Powell
Gene� Manager General Manager
Grapevine Mi11s Allied Waste Services
3000 Grnpcvinc Mil is Parkway • Grapcvinc , Tcsas "i 6051
�i����,: �>>a ��a.����o ° F�s: `)72.729.4�20
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ORDINANCE NO.
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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 25-97(c) of the City Code of Ordinances specifically establishes
rates for retail establishments located in multi-tenant retail facilities with leasable area
under roof of not less that 1,300,000 square feet; and
WHEREAS, Allied Waste Services, Inc. and Simon Properties, owner of Grapevine
Mills Mall, have requested that Section 25-97(c) be deleted in its entirety from the City
Code of Ordinances and that the Mills Mall be billed under existing commercial and retail
rates; and
WHEREAS, the City Council desires to comply with the request 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. .��a�,
Section 2. That Chapter 25 Utilities and Services, Article III, Solid Waste
Disposal, is hereby amended by deleting Section 25-97(c) in its entirety
Section 3. That Chapter 25 Utilities and Services, Article III, Solid Waste
Disposal, Sections 25-97(d) through (I) are hereby renumbered as (c) through (h).
Section 4. That 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 5. 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 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 6. That the effective date of this rate modifications will be May 1, 2008.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of April, 2008.
APPROVED:
ATTEST:
ORD. NO. 2
APPROVED AS TO FORM:
ORD. NO. 3