HomeMy WebLinkAboutORD 2014-002ORDINANCE NO. 2014 -02
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.;
IMS
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.
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 -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 -92 to read as follows:
"Sec. 25 -92. Same -- Specifications.
Each of said owners, occupants, tenants or lessee shall provide containers
for garbage, trash and yard waste, each to be not more than 33- gallons
capacity, constructed of plastic."
Section 4. 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 5. That Chapter 25 Utilities and Services, Article III, Solid Waste
Disposal, is hereby amended by amending Section 25 -97(a) to read as follows:
ORD. NO. t
"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
for residential purposes shall have their bulky wastes, brush and yard waste
removed on weeks as follows:
• Clean Yard Waste and Brush on the first and third Wednesday of
each month
• Yard Waste, Brush and Bulky Wastes on the second, fourth and fifth
Wednesday of each month
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 6. 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 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 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 8. That the effective date of this service 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.
-r NO.
FAI N N
William D. Tate
Mayor
ATTEST:
J4 C. Brown
City Secretary
Fil N Z! 091TA : I PAI IN0 2 Eel
John F. Boyle, Jr.
City Attorney
ORD. NO. 2014-02