HomeMy WebLinkAboutORD 2025-036ORDINANCE 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."
Ill 3. 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 September 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: o
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rn
Tara Brooks
City Secretary u°:CIP
APPROVED AS TO FORM:
Ra
Matthew C.G. Boyle
City Attorney
Ordinance No. 2025-036 3