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HomeMy WebLinkAboutItem 15 - Solid Waste Franchise Agreement �1ITE f j MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER\'� MEETING DATE: JULY 20, 2010 SUBJECT: SOLID WASTE FRANCHISE AGREEMENT RENEWAL AND RATE INCREASE AMENDMENT RECOMMENDATION: City Council consider adopting the following: • an ordinance amending the City's current franchise agreement (Ordinance No. 95-35) with Allied Waste Services of Fort Worth, LLC. to extend the term of the franchise five years, • an ordinance amending Chapter 25, Utilities and Services, Article III Solid Waste Disposal to reflect adjustments to the commercial and residential solid waste and recycling collection rates, and take any necessary action. BACKGROUND: The City Council granted Allied Waste Services of Fort Worth, LLC. (Allied or Republic) and its predecessor companies a franchise agreement to provide solid waste and recycling services for both residential and commercial customers in Grapevine on May 2, 1995 and extended the franchise agreement on September 18, 2001 for a period of five years commencing on June 1, 2005. Allied has requested a rate adjustment effective August 1, 2010. The rate adjustment calculation is a fixed component of the agreement based on the Consumer Price Index (CPI-U) for the most recent 12 month period. The total rate increase request is 1.75% for the residential and commercial solid waste and recycling collection. Allied has proposed that in exchange for a contract extension of five years added to the 2010 expiration date of our existing contract, they would request a rate increase effective August 1, 2010 and an annually recurring rate increase on October 1 of each year thereafter beginning on October 1, 2011. Recurring rate requests would be based on the formula of Consumer Price Index and landfill disposal costs for that year. July 7,2010(5:09PM) Allied has proven themselves as excellent partners in providing for the trash and recycling needs in Grapevine. Staff recommends approval. JSVds July 7,2010(5:09PM) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE 95-35, AS AMENDED, THE SOLID WASTE FRANCHISE; EXTENDING THE TERM OF THE FRANCHISE FIVE (5) 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 City has determined that extending the Franchise, is in the best interest of the City, and its citizens. 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 Ordinance No. 95-35, as amended, is hereby 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 (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 Ordinance No. 95-35, as amended, is hereby amended and replaced in its entirety as follows: "SECTION 2 -- DEFINITIONS Whenever used in this Ordinance, the following words and terms shall have the definitions and meanings provided in this Section: 1. ANNUAL FEE: Compensation for the use, occupancy, oversight, supervision and regulation of the RIGHTS-OF-WAY. 2. BRUSH: Limbs, branches and other trimmings which can not be placed in disposable containers and/or exceeds 4 feet in length and 6 inches in diameter. 3. BULKY WASTES: Large discarded items from residences within the CITY such as furniture, appliances, bedding, household goods, and other similar objects that are more than 4 feet square or 4 feet in diameter and weigh more than 75 pounds. Refrigerators, freezers; air conditioners and any other appliances or equipment utilizing freon which have not been properly discharged or that COMPANY is otherwise precluded from collecting by law, will not be collected without additional charge. 4. CITY: The City of Grapevine, Texas. 5. COMMERCIAL CONTAINERS: Metal containers of 2 yard capacity or greater supplied by COMPANY to service commercial customers. 6. COMMERCIAL CUSTOMER: Any customer using a metal container of 2 yards or greater or as may be defined from time to time by the city manager or his designee in consultation with COMPANY. 7. COMMERCIAL HAND-LOAD CUSTOMER: Any commercial customer not using a commercial container. 8. COMPANY: Allied Waste Services of Fort Worth, LLC. 9. CONSUMER PRICE INDEX: "CPI" shall mean the (CPI-U), Dallas/Fort Worth area, all items, published by the United States Department of Labor, Bureau of Labor Statistics 1982-1984 = 100. In the event the U.S. ORD. NO. 2 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. 10.CURBSIDE SERVICE: Garbage, trash, yard waste, brush, bulky wastes and recyclable materials to be picked up by the COMPANY which will be located at the curbside of the street bearing the customer's address. 11.CUSTOMER: All persons, households, tenants or businesses receiving solid waste services. 12.CONSTRUCTION MATERIALS: Dirt, concrete, rocks, bricks, lumber, shingles, plaster, sand or gravel and other waste building materials. 13.DIRECTION OF THE CITY: All ordinances, laws, rules, regulations and Charter provisions of the CITY now in force or that may hereafter be passed and adopted which are not inconsistent with this Ordinance. 14.DISPOSABLE CONTAINERS: Any plastic bag or cardboard box with a capacity of volume of thirty (30) gallons or less and which is capable of containing garbage, trash or solid waste without leaking or emitting odors, and which weighs, when loaded, less than fifty (50) pounds. 15.DISPOSAL COST: Disposal cost shall mean the composite index established using the gate rates from the five (5) landfills identified in Appendix B. Landfills named in Appendix B subject to modification upon mutual agreement between CITY and COMPANY. 16.FACILITIES: Any buildings, structures, or containers used for the collection, separation or disposal of solid waste. 17.GARBAGE: All animal or vegetable waste (as from a kitchen or food processing facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including heavy accumulations of newspapers and magazines) and any other household waste which is damp or capable of emitting noxious odors_ 18.HAZARDOUS WASTES: All fecal material, oil, sludge (other than that material generated by the CITY'S Wastewater Treatment Plant unless such material is subsequently designated by the U.S. Environmental Protection Agency ("EPA") or appropriate agency of the State of Texas as a hazardous waste) and any radioactive, pathological, toxic, acidic or volatile materials, or any chemical compound, mixture, substance or article which is designated by the EPA or appropriate agency of the State of Texas to be "hazardous," "toxic", "contaminant" or "pollutant" as such terms are defined by or pursuant to federal or state laws. 19. MOBILE HOME: A single-family housing unit. ORD. NO. 3 20. MOBILE HOME PARK: A tract of land, which is generally not less than ten acres, used for the development of a mobile home subdivision pursuant to the CITY'S zoning and licensing ordinances. The subdivision allows for the placement of individual mobile homes within the subdivision. 21.NON-EXCLUSIVE: No rights provided for in this Ordinance by the CITY shall be exclusive, and the CITY reserves the right to grant franchises, licenses, easements or permissions to use the public RIGHTS-OF-WAYS within the CITY to any person or entity as the CITY, in its sole discretion may determine to be in the public interest. 22.RECYCLING CONTAINERS: An eighteen (18) gallon container for use by residential customers for curbside recyclable materials collection by COMPANY. 23.RECYCLABLE MATERIALS: Recyclable materials shall mean: a. Newsprint & magazines. b. Telephone directories in conjunction with redirectory projects. C. Glass bottles and jars but not including mirrors, windows, ceramics or other glass products. d. Aluminum and tin cans used for beverage, food; beer, and soft drinks composed of tin, steel, or aluminum but excluding scrap metal. e. Plastics composed of H.D.P.E. (high density polyethylene) and P.E.T. (polyethylene terephthalate) bottles, numbers 1,2,3,4,5 & 7. f. White paper products including mail, office paper, advertisements and similar materials. g. Old Corrugated Cardboard (OCC) and Chip Board. As recycling markets open up to additional recyclables, this list may be expanded based on mutual agreement of CITY and COMPANY. 24.RESIDENTIAL CUSTOMER: Any single-family home or duplex located on an individually platted lot or as may be defined from time to time by the city manager or his designee in consultation with company. 25.RIGHTS-OF-WAY: All present and future streets, avenues; highways, alleys, bridges and easements dedicated for public use within the city limits of the CITY. 26.SOLID WASTE: All garbage, trash, brush, yard waste, bulky waste and construction materials. ORD. NO. 4 27.TCEQ: Texas Commission on Environmental Quality. 28.TRASH: All household refuse other than garbage, construction materials, brush and bulky wastes. Trash includes yard waste, heavy accumulations of newspapers and magazines, old clothes and other household trash of like kind, but shall not include hazardous wastes or refrigerators, freezers, air conditioners or other appliances or equipment using freon which has not been properly discharged or other items banned by state or federal regulation to prohibit from disposal in landfills. 29.YARD WASTE: Grass clippings, yard cleanings, leaves, tree trimmings and branches. Tree trimmings and branches must be 4 feet or less in length, and no more than 6 inches in diameter and weigh less than 50 lbs." Section 4. That Section 3 of Ordinance No. 95-35, as amended, is hereby amended by the addition of the following: "This Ordinance is extended by one (1) additional five (5) year period, commencing on August 1, 2010." Section 5. That Section 6 — Duties and Obligations of Company of Ordinance No. 95-35, as amended, is hereby amended by amending Section 6(12) in its entirety to read as follows: "12. COMPANY shall make two (2) collections each week, at least three (3) days apart, for each residential customer and each commercial customer not utilizing or requiring commercial containers. Hours of service shall be from 7:00 a.m. to 7:00 p.m. for residential customers and commercial customers not utilizing or requiring commercial containers and from 3:00 a.m. to 7:00 p.m. for other commercial collection services. No collections will be made on Sundays unless mutually agreed upon between CITY and COMPANY. COMPANY shall be exempt from making collections on the following holidays: New Year's Day, Memorial Day, July 4t", Labor Day, Thanksgiving Day, and Christmas Day. COMPANY will be required to make collections the day following a holiday for those customers missed due to the holiday. COMPANY reserves the right to work on any paid holidays as necessary unless the day following a holiday is a Sunday, in which event COMPANY shall make collections on the following day." Section 6. That Section 7 of Ordinance No. 95-35, as amended, is hereby amended and replaced in its entirety as follows: "SECTION 7- EDUCATION COMPANY shall promote its services in Grapevine through community education programs. The minimum requirements include: ORD. NO. 5 1. COMPANY will schedule and present its "Earth Academy" or equivalent program to all elementary schools within the Grapevine-Colleyville ISD annually throughout the term of this agreement. 2. COMPANY will develop and distribute its commercial newsletter "Tracking Trash" or equivalent newsletter to all commercial customers three times a year during the term of this agreement. 3. COMPANY will develop and distribute brochures describing its Commercial Recycling program. COMPANY will meet and/or contact each commercial customer at least annually and more often if necessary to fully integrate commercial recycling in Grapevine. 4. COMPANY will develop and distribute literature to each apartment tenant once a year during the term of this agreement. 5. COMPANY will develop and furnish to CITY its Spring and Fall newsletter for inclusion in CITY newsletter. COMPANY will be responsible for any additional cost, if any, in distributing its newsletter." Section 7. That Section 8 of Ordinance No. 95-35, as amended, is hereby amended and replaced in its entirety as follows: "SECTION 8 - REPORTING COMPANY shall provide CITY with all necessary reports required by the CITY for its use in managing solid waste services in Grapevine. COMPANY will provide, at minimum, the following reports: 1. Solid Waste Report - at least quarterly, COMPANY will provide CITY said report, which at minimum, includes the number of loads, total yards, and total tonnage of non-recyclable materials deposited by landfill. 2. Commercial Recycling Report - at least quarterly, COMPANY will provide CITY said report, which at minimum, includes the number of commercial customers by type, number of participants by type, participation rate, tonnage of materials by material. 3. Residential Recycling Report - at least quarterly, COMPANY will provide CITY said report, which at minimum, includes the number of residential customers, number of participants, participation rate, tonnage of materials by material. 4. Monthly Customer Complaint Report — at least quarterly, COMPANY will provide CITY said report, which at minimum, includes the number of customer complaints received from residents of CITY and actions taken to address complaints. ORD. NO. 6 5. Annual TCEQ Solid Waste Reports - COMPANY will complete all necessary solid waste reports on behalf of CITY for submittal to TCEQ. All monthly reports will be received by CITY on or before the 15th of the month following the reporting period. Annual TCEQ reports will be received by CITY at least 30 days prior to due date for CITY review and approval. The CITY may, at its sole discretion, require other reports it believes is necessary for the management of solid waste services in Grapevine." Section 8. That Section 12 of Ordinance No. 95-35, as amended, is hereby amended and replaced in its entirety as follows: "SECTION 12 - RATES AND CHARGES 1. All residential and commercial rates will be established annually by ordinance prior to October 1. 2. 'Base Rate Escalation: COMPANY shall maintain residential and commercial rates in effect (the "Base Rates") on October 1, 2010 for a period of one (1) year. On each anniversary thereafter (the "Rate Modification Date") the Base Rates shall be increased by a combination of (1) the percentage increase in the CPI for the most recent twelve (12) month period (March - March Southwest Statistical Summary) immediately preceding the Rate Modification Date, and (2) any increase in disposal costs. COMPANY shall submit to CITY in writing its adjustment to the Base Rate and the supporting data for same on or before July 1St of each year. The base rate shall be divided into operations and disposal. Operations equal 70% of the base rate. Disposal equals 30% of the base rate. Operations will be adjusted by the CPI for the most recent twelve (12) month period (April 1 - March 30). Disposal will be adjusted by the average increase in disposal cost as represented in Appendix B. base rate x .70 = O base rate x .30 = D Where O is Operations and D is Disposal O x CPI = NO D X Disposal Cost = ND Where NO is New Operations and ND is New Disposal NO + ND = New Base Rate ORD. NO. 7 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." 3. Alternative Rate Escalation: CITY may, at its discretion, implement full cost accounting for the annual establishment of solid waste rate. COMPANY agrees to provide all necessary information to prepare such reports; however, CITY shall give COMPANY at least 90 days to complete such research. 4. Customer Billing: CITY shall bill all residential customers served by COMPANY. COMPANY shall bill all commercial, and industrial served by COMPANY. 5. Payment to COMPANY: CITY shall pay to COMPANY an amount equal to eighty-eight percent (88%) of the collections by CITY for its residential services provided within the CITY during the immediately subsequent twelve (12) month period, beginning August 1st of each year. Such payments shall be payable in monthly payments on or before the 15th day after the month of service and after appropriate reports to support collected month's activity received from the COMPANY. CITY shall collect and remit to the appropriate agency of the State of Texas all appropriate sales taxes. 6. Payment to CITY: COMPANY shall pay to CITY as a franchise fee an amount equal to twelve percent (12%) of the collections received by COMPANY for its commercial services provided within the CITY during the immediately subsequent twelve (12) month period, beginning August 1st of each year. Such Franchise Fee shall be payable in monthly payments on or before the 15th day after the month of service." Section 9. That Section 14 of Ordinance No. 95-35, as amended, is hereby 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 P.O. Box 95104 ORD. NO. 8 200 South Main Street Grapevine, Texas 76099 Notice to the COMPANY will be: General Manager Marketing & Sales Allied Waste Services of Fort Worth, LLC 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 10. That Appendix B of Ordinance No. 95-35, as amended, is hereby amended and replaced in its entirety by the attached Appendix B. Section 11. 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 12. 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 13. 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 20th day of July, 2010. . APPROVED: ORD. NO. 9 ATTEST: APPROVED AS TO FORM: ORD. NO. 10 Appendix "B" DISPOSAL RATE ADJUSTMENT CALCULATION Example 1 PPS Consumer Price Index —All Urban Consumers — DFW—All items March, 2009 Index 198.596 March, 2008 Index 190.156 Change 8.44 % Change 4.44% Cost Factor 70% Net Increase 3.11% L �IDF; L� I[ CREE Gate Rates 10/1/2008 1.01112009 $ Change Waste Management of DFW-- Lewisville $8.50 $ 8.80 $0.30 City of Dallas McCommas Bluff Landfill $19.00 $21.00 $2.00 IESI Turkey Creek $18.50 $23.00 $4.50 Farmers Branch - Camelot $25.50 $25.50 $0.00 Arlington Landfill $47.00 $47.00 $0.00 $118.50 $125.30 $6.80 % Change 5.74 Cost Factor 309/o Net Increase '1.72a/o '1,72°a TPTAL(1,NCQg OS 4.83% If a fuel adjustment is requested by COMPANY and approved by CITY the Bureau of Labor Statistics Southwest Summary sheet utilized will be: CPI —All Urban Consumers — DFW—All items less energy. ORDINANCE NO. 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; 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, Allied Waste Services, Inc. was renamed, Allied Waste Services of Fort Worth, LLC; and WHEREAS, Section 12, 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 of Fort Worth, LLC has requested a rate adjustment to be effective on August 1, 2010; 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 111, Solid Waste Disposal, 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 III, Solid Waste Disposal, is hereby amended by amending Section 25-90 in its entirety to read as follows: "Sec. 25-90. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: 1. ANNUAL FEE: Compensation for the use, occupancy, oversight, supervision and regulation of the RIGHTS-OF-WAY. 2. BRUSH: Limbs, branches and other trimmings which can not be placed in disposable containers and/or exceeds 4 feet in length and 6 inches in diameter. 3. BULKY WASTES: Large discarded items from residences within the CITY such as furniture, appliances, bedding, household goods, and other similar objects that are more than 4 feet square or 4 feet in diameter and weigh more than 75 pounds. Refrigerators, freezers, air conditioners and any other appliances or equipment utilizing freon which have not been properly discharged or that COMPANY is otherwise precluded from collecting by law, will not be collected without additional charge. 4. CITY: The City of Grapevine, Texas. 5_ COMMERCIAL CONTAINERS: Metal containers of 2 yard capacity or greater supplied by COMPANY to service commercial customers. 6 COMMERCIAL CUSTOMER: Any customer using a metal container of 2 yards or greater or as may be defined from time to time by the city manager or his designee in consultation with COMPANY. 7. COMMERCIAL HAND-LOAD CUSTOMER. Any commercial customer not using a commercial container. 8. COMPANY: Allied Waste Services of Fort Worth LLC 9. CONSUMER PRICE INDEX: "CPI" shall mean the (CPI-U), Dallas/Fort Worth area, all items, published by the United States Department of Labor, Bureau of Labor Statistics 1982-1984 = 100. 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 ORD. NO. purchasing power of the U.S. 10, CURBSIDE SERVICE: Garbage, trash, yard waste, brush, bulky wastes and recyclable materials to be picked up by the COMPANY which will be located at the curbside of the street bearing the customer's address. 11. CUSTOMER: All persons, households, tenants or businesses receiving solid waste services. 12. CONSTRUCTION MATERIALS: Dirt, concrete, rocks, bricks, lumber, shingles, plaster, sand or gravel and other waste building materials. 13. DIRECTION OF THE CITY: All ordinances, laws, rules, regulations and Charter provisions of the CITY now in force or that may hereafter be passed and adopted which are not inconsistent with this Ordinance. 14. DISPOSABLE CONTAINERS: Any plastic bag or cardboard box with a capacity of volume of thirty (30) gallons or less and which is capable of containing garbage, trash or solid waste without leaking or emitting odors, and which weighs, when loaded, less than fifty (50) pounds. 15. DISPOSAL COST: Disposal cost shall mean the composite index established using the gate rates from the five (5) landfills identified in Appendix B. Landfills named in Appendix B subject to modification upon mutual agreement between CITY and COMPANY. Note: Appendix B has not been set out herein but is available for inspection in the offices of the CITY. 16. FACILITIES: Any buildings, structures, or containers used for the collection, separation or disposal of solid waste. 17. GARBAGE: All animal or vegetable waste (as from a kitchen or food processing facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including heavy accumulations of newspapers and magazines) and any other household waste which is damp or capable of emitting noxious odors. 18. HAZARDOUS WASTES: All fecal material, oil, sludge (other than that material generated by the CITY'S Wastewater Treatment Plant unless such material is subsequently designated by the U.S. Environmental Protection Agency ("EPA") or appropriate agency of the State of Texas as a hazardous waste) and any radioactive, pathological, toxic, acidic or volatile materials, or any chemical compound, mixture, substance, or article which is designated by the EPA or appropriate agency of the State of Texas to be "hazardous", "toxic", "contaminant" or "pollutant" as such terms are defined by or pursuant to federal or state laws. ORD, NO. 3 19. MOBILE HOME: A single-family housing unit. 20. MOBILE HOME PARK: A tract of land, which is generally not less than ten acres, used for the development of a mobile home subdivision pursuant to the city's zoning and licensing ordinances. The subdivision allows for the placement of individual mobile homes within the subdivision. 21. NON-EXCLUSIVE: No rights provided for in this Ordinance by the CITY shall be exclusive, and the CITY reserves the right to grant franchises, licenses, easements, or permissions to use the public RIGHTS-OF-WAYS within the CITY to any person or entity as the CITY, in its sole discretion may determine to be in the public interest. 22. RECYCLING CONTAINERS: An eighteen (18) gallon container for use by residential customers for curbside recyclable materials collection by COMPANY. 23. RECYCLABLE MATERIALS: Recyclable materials shall mean: a. Newsprint and magazines. b. Telephone directories in conjunction with redirectory projects. c. Glass bottles and jars but not including mirrors, windows, ceramics or other glass products. d. Aluminum and tin cans used for beverage, food, beer, and soft drinks composed of tin, steel, or aluminum but excluding scrap metal. e. Plastics composed of H.D.P.E. (high density polyethylene) and P.E.T. (polyethylene terephthalate) bottles, numbers 1, 2,3,4,5 & 7. f. White paper products including mail, office paper, advertisements and similar materials. g. Old corrugated cardboard (OCC) and Chip Board. As recycling markets open up to additional recyclables, this list may be expanded based on mutual agreement of CITY and COMPANY. 24. RESIDENTIAL CUSTOMER: Any single-family home or duplex located on an individually plated lot or as may be defined from time to time by the city manager or his designee in consultation with company. 25. RIGHTS-OF-WAY: All present and future streets, avenues, highways, alleys, bridges and easements dedicated for public use within the city limits of the CITY. ORD: NO. t� 26. SOLID WASTE: All garbage, trash, brush, yard waste, bulky waste and construction materials. 27. TCEQ: Texas Commission on Environmental Quality. 28. TRASH: All household refuse other than garbage, construction materials, brush and bulky wastes. Trash includes yard waste, heavy accumulations of newspapers and magazines, old clothes and other household trash of like kind, but shall not include hazardous wastes or refrigerators, freezers, air conditioners or other appliances or equipment using freon which has not been properly discharged or other items banned by state or federal regulation to prohibit from disposal in landfills. 29. YARD WASTE: Grass clippings, yard cleanings, leaves, tree trimmings and branches. Tree trimmings and branches must be 4 feet or less in length, and no more than 6 inches in diameter and weigh less than 50 lbs." Section 3. That Chapter 25 Utilities and Services, Article III, Solid Waste Disposal, is hereby amended by amending Section 25-97 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.................................................$ 11.09 Single-family residence without city water service............11.09 Duplex ................................................ ................ .......22.18 Multifamily, per unit (without dumpster container) ............11.09 (b) Collecting and removing of garbage, refuse and trash from houses, buildings and premises used for commercial and business purposes (apartment complexes with three or more units and mobile home parks are defined as commercial units) shall be determined by the number of times each week that collection and removal of garbage, refuse and trash is required, plus the amount of garbage, refuse and trash collected and removed. The rates are established annually by ordinance. (1) Container rates: a. Two-yard containers: ORD. NO. 1 Dump per week................................................$ 60.29 2 Dumps per week...............................................101.61 3 Dumps per week...............................................136.10 4 Dumps per week........................... .................191.36 5 Dumps per week...............................................248.45 6 Dumps per week...............................................287.38 Extrapickup...........................................................20.60 b. Three-yard containers: 1 Dump per week................................................$ 68.54 2 Dumps per week...............................................193.16 3 Dumps per week................ .............................162.35 4 Dumps per week...............................................215.97 5 Dumps per week..................:............................271.18 6 Dumps per week...............................................307.68 Extra pickup...................................................:. .....23.56 c. Four-yard containers: 1 Dump per week............................... ..........$ 86.98 2 Dumps per week..........:....................................139.77 3 Dumps per week.....................6.........................195.72 4 Dumps per week...............................................249.21 5 Dumps per week...............................................304.12 6 Dumps per week.. ............................................332.77 Extra pickup.....................................:.....................26.52 d. Six-yard containers- 1 Dump per week..............................................$ 103.47 2 Dumps per week...............................................174.52 3 Dumps per week................. .........................245,14 4 Dumps per week..................... ------................315.25 5 Dumps per week...............................................395.30 6 Dumps per week...............................................457.69 7 Dumps per week...............................................533.96 Extrapickup...........................................................29.45 e. Eight-yard containers: 1 Dump per week....................................... .......$128.94 2 Dumps per week...............................................217.77 3 Dumps per week...............................................311.66 4 Dumps per week--- .................................398.40 5 Dumps per week...............................................486.41 ORD. NO. �P 6 Dumps per week...............................................554.27 7 Dumps per week...............................................646.65 Extrapickup...........................................................32.39 (2) Recycling Containers: a. Cardboard only containers: 1 Dump per week (not to exceed).......................$ 35.95 b. Toter recycle containers: 1 Dump per week.................................................$15.26 Extra toters............ ............:................5.09 c. Toter recycle containers (Main Street): 2 Dumps per week...............................................$24.22 Extratoters...............................................................5.09 d. Six-yard recycle containers: 1 Dump per week.................................................$66.14 e. Eight-yard recycle containers- 1 Dump per week.................................................$76.31 (3) Casters: Six dollars and thirty-seven cents ($6.37) per month additional. (4) Locks: One dollar and twelve cents ($1.12) per lift. Gates: One dollar and twelve cents ($1.12) per lift (5) Commercial hand-load, two (2) dumps per week. Twenty-five dollars and twenty-six cents ($25.26) per month for a maximum for four (4) thirty-gallon containers. If more than four (4) thirty-gallon containers are necessary for service, then customer will use commercial garbage container(s). (6) Open top construction and demolition containers: a. Delivery fee .........................................................$ 95.42 b. Daily rental fee .......................................................$4.05 c. Haul....................................................................$173.09 d. Disposal: ORD. NO. Loose .......................................... $5.831 cubic yard Compacted.................................. $8.751 cubic yard e. Deposit...............................................................$278.60 f. Billing for open-top construction containers will be performed by the contractor. The City will establish such rates annually by ordinance. (c) Collecting and removing of recyclables from multifamily (apartment) complexes will be performed [by] contractor at least once each week. Every apartment complex will be assessed a per unit monthly fee with such rates established annually by ordinance. Monthly apartment recycling fee . . . $0.95 (d) Rates for any service required other than the above described services will be determined by the city. (e) The minimum service to be rendered shall be once each week. Should any place of business not be specifically designated by name, such error or omission will not relieve the owner; occupant, tenant or lessee of the binding effect of this article, but the same charge shall be made as that entered against a business of a like or similar nature. (f) Mobile home parks may request curbside service for each individual housing unit for the collection of garbage, trash, yard waste and recyclables only. Such garbage, trash, yard waste and recyclables must be generated by tenant. The fee for such service will be the normal residential rate established annually by ordinance per the number of units in the park. The mobile home park must maintain commercial service for its office, management and other operations and for the collection of all brush and bulky waste as further defined by Article III, section 25-90, Grapevine Code of Ordinances." Section 4. That Chapter 25 Utilities and Services, Article III, Solid Waste Disposal, is hereby amended by amending Section 25-102 in its entirety to read as follows: "Sec. 25-102. Inspections; enforcing health requirements. It is hereby made the duty of the public works director to make inspection trips at regular intervals to determine whether or not garbage and trash are being properly collected, removed and disposed of as required by the provisions of this or any other applicable health ordinance, and in the event it is found that the ordinance is being violated, appropriate and ORD. NO. timely action shall be taken to insure a full compliance with its provisions." 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. 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 August 1, 2010. Section 8. 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 final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of July, 2010. APPROVED: ATTEST: ORD. NO. q 6 APPROVED AS TO FORM: ORD. NO.