HomeMy WebLinkAboutItem 07 - Solid Waste Franchise Agreement & Amend Chapter 25MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: JANUARY 21, 2014
SUBJECT: SOLID WASTE FRANCHISE AGREEMENT AND SOLID WASTE
DISPOSAL ORDINANCE AMENDMENTS
RECOMMENDATION:
City Council consider adopting the following:
• an ordinance amending the City's current franchise agreement (Ordinance No. 95-
35), as amended, with Republic Services (dba Allied Waste Services of Fort Worth,
LLC.) to provide a clean brush and yard waste program,
• an ordinance amending Chapter 25, Utilities and Services , Article III Solid Waste
Disposal to reflect adjustments to the residential solid waste agreement necessary
to implement a clean brush and yard waste program,
and take any necessary action.
C�'•
City Council approved a three month clean brush and yard waste pilot program in two of
Grapevine's ten residential recycle routes on July 16, 2013.
The pilot program was conducted in the three month period of September through
November, 2013 with positive results.
Based on the pilot program results, Republic Services has proposed a brush diversion
program for residential service by providing for clean brush and yard waste collection and
diversion. The clean brush and yard waste collection will alternate weekly with the bulk
and brush collection. The current pick -up date will remain on Wednesday City Wide with
the only change being every otherweek the current brush and bulk pickup will be restricted
to clean brush and yard waste.
This program will become effective the week of March 5, 2014.
The attached ordinances amend the current franchise agreement and the City Code
addressing Solid Waste to reflect the new program.
Staff recommends approval.
JSL /ds
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
agreement for one (1) additional five (5) year period, commencing on November 1, 2017;
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 authority to implement a clean brush and
yard waste diversion recycling program by Franchise amendment; and
WHEREAS, the City has determined that clean brush and yard waste diversion
recycling 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 5(1) of the Franchise, as amended, is hereby amended to
read as follows:
1. All garbage, trash, and yard waste shall be placed in containers in such a
manner as to prevent same from being scattered. Brush and yard waste
shall be placed in such a manner as to prevent same from being scattered
for weekly collection. Bulky wastes shall be placed out for collection every
other week."
Section 3. That Section 5(2) of the Franchise, as amended, is hereby amended to
read as follows:
"2. All trash containers, yard waste containers, brush, and bulky wastes shall be
placed at the curbside on the street bearing the customer's address."
Section 4. That Section 6(2) of the Franchise, as amended, is 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 every other week."
"13. COMPANY shall collect all brush and yard waste items weekly. Additionally,
COMPANY shall collect all bulky wastes every other week. 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 5. 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
Secretary, and after such acceptance is filed, this Ordinance shall take effect and
be in force from and after March 5, 2014."
Section 6. 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 polo contendere, or dismissal.
ORD. NO. 2
Section 7. 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 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 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 21st day of January, 2014.
USSRORT93
ATTEST:
ORD. NO. 3
ORDINANCE NO. otm
Soto 0 v)p S TE
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, 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
agreement for one (1) additional five (5) year period, commencing on November 1, 2017;
and
WHEREAS, the City Council desires to improve residential recycle service by having
Republic Services provide clean brush and yard waste service; and
WHEREAS, Republic Services has requested an every other week collection
schedule for bulky wastes to commence on March 5, 2014.
GRAPEVINE, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
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 -91 to read as follows:
"Sec. 25 -91. Containers - Required.
Every owner, occupant, tenant, or lessee using or occupying any building,
house or structure within the city for residences, churches, schools, colleges,
lodges, commercial business and other purposes shall provide and maintain
garbage, trash, and yard waste containers of sufficient number and size, as
hereinafter specified, to hold the garbage, trash, and yard waste that will
normally accumulate on the premises."
Section 3. That Chapter 25 Utilities and Services, Article III, Solid Waste
Disposal, is hereby amended by amending Section 25 -94 in its entirety to read as follows:
"Sec. 25 -94. Same -- Placement for emptying.
The owner, occupant, tenant, or lessee of the premises shall place the
container, such container having no more than a 33- gallon capacity and
weighing less than 50 pounds, in the required front yard or right -of -way.
Containers shall not be placed in the required front yard or right -of -way more
than 12 hours prior to the day of pickup. All containers shall be placed at the
foregoing prescribed locations not later than 7:00 a.m. on the day of
scheduled collection if they are to be picked up. Dumpsters shall not be
placed in the right -of -way or required front yard of any premises. The
development services director may approve the location of dumpsters in the
required front yards, provided he finds there is no other location on the lot
suitable for storage and access to the dumpster. All dumpsters located
within the City of Grapevine shall conform to all requirements of this section
within 60 days of the adoption of this section."
Section 4. That Chapter 25 Utilities and Services, Article III, Solid Waste
Disposal, is hereby amended by amending Section 25 -97(a) to read as follows:
"Sec. 25 -97. Service rates -- Schedules.
(a). Any houses, buildings or premises used for residential purposes, shall have
their garbage and trash removed at a monthly charge where such collection and
removal is not required in excess of twice each week and have their recyclable
materials removed once per week. Same houses, buildings or premises used
ORD. NO. 2
for residential purposes shall have their bulky wastes, brush and yard waste
removed on alternating weeks as follows:
• Clean Yard Waste and Brush every other week
• Yard Waste, Brush and Bulky Wastes every other week
with such rates established annually by ordinance.
Monthly Charge
Single- family residential ........... ............................... ........................$12.51
Single - family residence without city water service ........................... 12.51
Duplex............................................................... ............................... 25.02
Multifamily, per unit (without dumpster container) .. .........................12.51"
Section 5. 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 6. 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 7. That the effective date of this rate adjustment will be March 5, 2014.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 21st day of January, 2014.
ORD. NO. 3
ATTEST: