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HomeMy WebLinkAboutItem 10 - Brush and Bulk CollectionMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: JULY 15, 2025 SUBJECT: SOLID WASTE FRANCHISE AGREEMENT AMENDMENT FOR BRUSH AND BULK COLLECTION RECOMMENDATION: Consider an ordinance revising the franchise agreement with Republic Services by adding Tuesday to the current Wednesday schedule for bulk, clean brush, and yard waste collection. FUNDING SOURCE: Funded by residential, commercial, and industrial user fees. BACKGROUND: City Council granted Republic Services (Republic) and its predecessor companies a franchise agreement (Ordinance No. 95-35) to provide solid waste and recycling services for both residential and commercial customers in Grapevine on May 2, 1995. City Council approved (Ordinance No. 2022-057) implementation of a curbside cart collection program in Grapevine on September 6, 2022. Republic began implementation of said cart collection program on October 1, 2024. Since that time, we have experienced issues with timely collection of the weekly brush and bulk collection routes. In response, Republic proposes splitting the current citywide brush & bulk pickup program into two days. Republic will collect brush and bulk on Tuesdays in north Grapevine (see exhibit). South Grapevine will maintain the current Wednesday collection schedule. This change will allow Republic to add more collection trucks thereby increasing service levels. Staff proposes this change to be effective September 1, 2025 and will work diligently with Republic on a shared outreach program to residents. Staff recommends approval. NMI ORDINANCE NO. 2025-036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE 95-35, AS AMENDED, THE SOLID WASTE FRANCHISE AGREEMENT; ALLOWING FOR CLEAN BRUSH AND YARD WASTE DIVERSION; 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, 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 for one (1) additional five (5) year period, commencing on November 1, 2017; and WHEREAS, on January 21, 2014, by passage of Ordinance No. 2014-01 the City of Grapevine, Texas provided for Wednesday clean brush and yard waste service; and WHEREAS, on September 6, 2022, by passage of Ordinance No. 2022-057 the City of Grapevine, Texas extended the term of the Franchise ten (10) years commencing on November 1, 2022; 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 modifying clean brush, bulk brush, and yard waste diversion recycling, which would include amending the Franchise; and WHEREAS, the City has determined that modifying clean brush, bulk brush, and yard waste diversion recycling, is in the best interest of the City, and its citizens; and WHEREAS, the City Council finds that there is a public necessity for the enactment of this ordinance and that its adoption is in the best interests of the health, safety, and welfare of the public; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act. 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 5(1) of the Franchise, as amended, is hereby amended to read as follows: "1. All garbage, trash, and yard waste shall be securely placed in appropriate containers to prevent dispersal or scattering. Brush and yard waste shall be prepared for weekly collection and shall be placed in such a manner as to prevent same from being scattered. Bulky wastes shall be placed out for collection on the second, fourth, and fifth Tuesday or Wednesday of each month, as designated by the collection schedule." Section 3. That Section 6(2) and 6(13) of the Franchise, as amended, are hereby amended to read as follows: "2. COMPANY shall provide curbside service, including garbage, trash, and yard waste to residential customers twice each week. Additionally, COMPANY will provide weekly collection of brush and yard waste; as well as, collection of bulky wastes on the second, fourth and fifth Tuesday or Wednesday of each month." "13. COMPANY shall collect all brush and yard waste items weekly on Wednesdays. Additionally, COMPANY shall collect all bulky wastes on the second, fourth and fifth Tuesday or Wednesday of each month. If within three (3) working days of notification, whether by the owner, occupant, or CITY, COMPANY fails to collect said material, COMPANY will be penalized $100 for each day collection is not made." Section 4. That Section 25 of the Franchise, as amended, is hereby amended 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 Ordinance No. 2025-036 2 Secretary, and after such acceptance is filed, this Ordinance shall take effect and be in force from and after August 1, 2025." Section 5. 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 6. 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 7. 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 15th day of July, 2025. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2025-036 3 IJ r,..•rs; „ b 4 f Brush & Bulk Collection Schedule Amendment E-Delal-OWN NW Highway / S. Main St SOUTH WEDNESDAY CURRENT SCHEDULE 0 • All residential customers: Wednesday only brush and bulk collection. • 1-day. Seven (7) permanent brush & bulk routes. • North: Tuesday brush & bulk collection. • South: Wednesday brush & bulk collection (i.e. No change). • 2-days: Ten (10) permanent brush & bulk routes. BOUNDARY DESCRIPTION The dividing line runs along Northwest Highway to the intersection of S. Mair then South to State Highway 114. If approved, residents who currently have Monday/Thursday trash service would begin receiving brush & bulk service on St. and Tuesday. REQUEST: City Council approval to implement this schedule change for improved service efficiency Republic Services will handle all resident communications and associated costs