HomeMy WebLinkAboutORD 2014-001•'t • 1 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, AMENDING ORDINANCE 95 -35,
AS AMENDED, THE SOLID WASTE FRANCHISE;
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 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 on Wednesdays. Bulky wastes shall be placed out
for collection on the second, fourth and fifth Wednesday of each month."
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) 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 on
Wednesdays; as well as, collection of bulky wastes on the second, fourth
and fifth 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 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 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 nolo
contendere, or dismissal.
RES. NO. 2014 -01 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.
MIMM
Jo i Brown
City Secretary
John F. Boyle, J r.
City Attorney
RES. NO. 2014 -01 3