HomeMy WebLinkAboutORD 1995-035 ,. a
ORDINANCE NO. 95-35
,�, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS DEFINING TERMS; REQUIRING THE
PAYMENT OF COMPENSATION FOR THE USE OF THE
STREETS , ALLEYS, HIGHWAYS , PUBLIC
THOROUGHFARES, AND PUBLIC WAYS WITHIN THE
CITY OF GRAPEVINE, TEXAS, BY LAIDLAW WASTE
SYSTEMS, INC. TO PROVIDE SOLID WASTE SERVICES;
PROVIDING THE TERM; PROVIDING CONDITIONS OF
SUCH USAGE; FINDING SUCH COMPENSATION TO BE
REASONABLE; PROVIDING FOR ACCEPTANCE;
PROVIDING FOR INDEMNIFICATION; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND
PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE TEXAS:
� ,.
SECTION 1 - PURPOSE
Pursuant to the laws of the State of Texas, Article 10 of the Grapevine City Charter
and this Ordinance, Laidlaw Waste Systems, Inc.(COMPANY) has the NON-
EXCLUSIVE 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 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 yard
or greater.
7. COMMERCIAL HAND-LOAD CUSTOMER: Any commercial customer not using
a commercial container.
8. COMPANY: Laidlaw Waste Systems, Inc.
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 shall substitute another
equally authoritative measure of change in the purchasing power of the U.S.
10. CUSTOMER: All person, household, tenant or business receiving solid waste
services.
11 . 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.
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.
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ORD. N0. 95-35 2 Revised 4/3/95
15. DISPOSAL COST: Disposal cost shall mean the composite index established
M� � using the gate rates from the ten (10) landfills identified in Appendix B.
,��, 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. 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.
20. RECYCLING CONTAINERS: An eighteen (18) gallon container for use by
residential customers for curbside recyclable materials collection by COMPANY.
21 . 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, and 3.
�,,, f. White paper products including mail, office paper, advertisements and
similar materials.
ORD. NO. 95-35 3 Revised 4/3/95
�.,A
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.
22. RESIDENTIAL CUSTOMER: Any household receiving curbside service.
23. 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.
24. SOLID WASTE: All garbage, trash, recyclable materials, brush, yard waste,
bulky waste and construction materials.
25. TNRCC: Texas Natural Resources Conservation Commission.
26. 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.
�_� 27. 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 501bs.
SECTION 3 - TERM
This Ordinance shall be in full force and effect for the period beginning with the
effective date hereof and ending ten (10) years after such date. This Ordinance may
be extended for additional five (5) year terms if mutually agreed to by both parties in
writing.
SECTION 4 - SUPERVISION BY CITY
The City expressly reserves the right to establish necessary rules and regulations for
solid waste services and from time to time modify those rules and regulations,
however, COMPANY shall be given due written notice and if requested in writing, the
COMPANY shall be entitled to a hearing before the Grapevine City Council prior to the
adoption of any such requirements.
� The City may impose penalties of 5100 per day for failure of COMPANY to perform
those duties outlined in this agreement between CITY and COMPANY. CITY will
,,,� notify COMPANY of such failure in accordance to comply and COMPANY will have
all rights and privileges outlined in Section 12. Remedy for Failure to Comply.
ORD. NO. 95-35 4 Revised 4/3/95
�- �
SECTION 5 - DUTIES AND OBLIGATIONS OF RESIDENTIAL CUSTOMERS
The CITY shall establish requirements for residential customers (and commercial
customers not utilizing Commercial Containers) 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. Tree trimmings and branches
shall be tied and bundled for bi-weekly collection.
2. All containers and tied and bundled yard waste shall be placed at the curbside
on the street bearing the customer's address.
3. Garbage, trash and/or yard waste shall not be placed at curbside more than
twelve (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 its to be picked up.
4. All garbage, trash and/or yard waste mixed with water or other liquids shall be
drained before being placed into a disposable garbage or trash container.
5. All recyclable materials shall be placed in eighteen (18) gallon containers
furnished by COMPANY and placed at curbside on the street bearing the
customer's address. Recyclable materials shall not be placed at curbside more
than twelve (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
scheduled collection, if its to picked up.
6. Brush and bulky items shall be placed at the curbside on the street bearing the
customer's address no later than 7:OOa.m. on the day of scheduled collection,
if it is to be picked up. Bulky items containing freon, such as refrigerators,
freezers and air conditioners, must be properly discharged for collection by
COMPANY.
SECTION 6 - DUTIES AND OBLIGATIONS OF COMPANY
It shall be the duty and obligation of COMPANY to perform the following services:
1 . COMPANY shall furnish vehicles, equipment, machinery, tools, labor, and
landfill site, at its own expense, to adequately, efficiently and properly collect
and dispose of solid waste from premises within the corporate limits of the
CITY in a systematic, clean, healthful and sanitary manner.
�,,, 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 bulky waste.
�.
ORD. N0. 95-35 5 Revised 4/3/95
�.a�,
3. COMPANY shall provide each residential and multifamily unit within CITY's
limits an appropriate recycling container which shall be dedicated solely to the
collection of Recyclable Materials. Such container shall be delivered to each
� residential unit by COMPANY along with a brochure explaining how the
container is to be used and other information pertinent to the recycling service.
4. COMPANY shall furnish vehicles, equipment, machinery, tools and labor at its
own expense, to adequately, efficiently and properly collect and dispose of
recyclable materials from single and multifamily residential premises within the
corporate limits of the CITY in a systematic, clean, healthful and sanitary
manner.
5. COMPANY shall make one (1) collection for recyclable materials every week for
each single family residential customer on a day scheduled for garbage, trash
and yard waste collection. Any collections by COMPANY shall in no way
preclude the collection of recyclable materials by volunteer groups within the
CITY.
6. COMPANY agrees that all vehicles used by the COMPANY for the collection
and transportation of solid waste shall be protected at all times while in transit
to prevent leakage and the blowing or scattering of refuse onto the public
streets of CITY or properties adjacent thereto. In the event, however, that
` leakage or refuse onto CITY public streets occur,COMPANY shall immediately
remove same in a safe manner. If COMPANY determines that said leakage or
�_ � refuse cannot be removed in a safe and efficient manner, COMPANY shall take
all measures to secure the area and immediately contact the CITY. Further,
such vehicles shall be clearly marked with COMPANY's telephone number and
name in letters and numbers not less than four (4) inches in height. All
collection equipment shall be washed and deodorized as necessary. Residential
collection vehicles shall be 20 yard front load vehicles or other approved unit
by CITY. All vehicles will be operated within design weight capacity.
7. COMPANY shall establish routes and schedules necessary for the collection of
solid waste as necessary to fulfill the requirements of this Agreement. Further,
COMPANY will utilize written route books for the collection of refuse from all
residential and commercial customers. CITY shall have the right to require
alteration of services to any premises wherein unsightly or unsanitary
conditions have resulted from inadequate containers or an insufficient number
of collections, and COMPANY shall be compensated by the owner or occupant
for any such required additional services. The City Manager or his designee
shall approve all routes and schedules and any changes therein. However;
CITY shall not unreasonably withhold said request. CITY reserves the right to
,� limit or deny COMPANY's vehicles access to certain streets, alleys, and public
ways inside the CITY where it is in the interest of the general public to do so
because of the condition of streets and bridges.
�
ORD. NO. 95-35 6 Revised 4/3/95
�,,�.
8. COMPANY shall provide commercial containers for garbage and trash storage
available upon request of the owner or occupant of any premises within the
corporate limits of CITY, excluding single family and two family residences.
Multifamily dwelling complexes consisting of three (3) or more units shall be
classified as commercial and must be collected as commercial customers. The
commercial containers provided by COMPANY shall be (i) equipped with
suitable covers to prevent blowing or scattering of refuse while being
transported for disposal of their contents, (ii) maintained in good repair,
appearance, and in a sanitary condition, and (iii) clearly marked with the
COMPANY's name and telephone number in letters not less than two (2) inches
in height. An annual replacement and repair schedule for commercial
containers will be provided to the City for its review and approval.
9. COMPANY shall locate all facilities and containers so as not to interfere with
the flow of water in any gutter or drain, and so that the same shall not unduly
interfere with ordinary travel on the streets, alleys, highways, public
thoroughfares, public utility easements and public ways, and so that they shall
not compromise public safety. The location of facilities and containers to be
placed and constructed by the COMPANY within the limits of the CITY shall be
subject to the reasonable and proper regulation, control and direction of the
governing body or of any CITY official to whom such duties have been or may
be delegated.
10. COMPANY shall provide recycling services to all multifamily dwelling complexes
�- � within the corporate limits of CITY. Further, COMPANY will provide the
necessary size and number of containers for the service, at its own expense.
11 . COMPANY shall provide, upon request, recycling services to all commercial
customers within the corporate limits of CITY. Further, COMPANY will provide
the necessary size and number of containers for the service, at its own
expense.
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.
COMPANY shall be exempt from making collections on the following holidays:
New Year's Day, Memorial Day, July 4th, 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.
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ORD. NO. 95-35 7 Revised 4/3/95
�,..�
13. COMPANY shall collect ali brush and bulky items weekly. 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 S 100 for
�„ each day collection is not made.
14. COMPANY shall not be required to collect and dispose of (i) Hazardous Wastes,
or (ii) refrigerators, freezers, or other appliances or equipment utilizing freon not
properly discharged, generated within the CITY or otherwise situated within the
CITY or other items banned by state or federal regulation to prohibit from
disposal in landfills. Provided, COMPANY may elect to dispose of any such (i)
Hazardous Wastes, or (ii) refrigerators, freezers, or other appliances or
equipment utilizing freon not properly discharged, upon receipt of appropriate
and reasonable compensation therefor.
15. COMPANY shall, at its own expense, to provide a telephone answering service
during all non-operating hours. COMPANY shall secure an annual listing in the
Fort Worth Telephone Directory and GTE Grapevine Directory under the name
by which it conducts business in the community.
16. COMPANY shall carry, at a minimum, the following types of insurance;
a. Worker's Compensation insurance covering all employees engaged in any
operations covered by this Agreement as required by the State of Texas.
°� � b. Automobile Liability- not less than 5500,000 for injuries including
accidental death to any one person and (subject to the same limit for
each person) not less than S 1 ,000,000 on account of one accident, and
automobile property damage insurance not less than 5100,000.
c. General Liability- not less than 51 ,000,000 covering each occurrence on
account of bodily injury, including death, and not less than 5100,000
covering each occurrence on account of property damage.
Such policies of insurance shall be issued by companies authorized to do
business in the State of Texas and shall name CITY as an additional
insured. Certificates evidencing such insurance contracts shall be
deposited with CITY prior to COMPANY performing its duties and
obligation in the Agreement. All policies must provide that they may not
be changed or canceled by the insurer without providing CITY at least
five (5) days written notice of such change or cancellation. Any change
or cancellation in policies shall be considered a default of the Agreement
by COMPANY unless the coverages provided in 011), (2), (3) herein are
continuously maintained by COMPANY.
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ORD. NO. 95-35 $ Revised 4/3/95
��
17. COMPANY shall provide solid waste service, including the weekly pickup of
recyclable materials, to facilities owned and/or operated by the CITY at no
charge to the CITY, including facilities acquired by the CITY during the term of
� this Agreement. In addition, service shall be provided at no cost to facilities
operated by the Grapevine Public Housing Authority. Company shall also
provide roll-off containers for CITY's use at rates to be mutually agreed to but
in no case shall rate exceed those charged to all other commercial customers.
SECTION 7- EDUCATION
COMPANY shall promote its services in Grapevine through community education
programs. The minimum requirements include:
1 . COMPANY will schedule and present its "Earth Academy" 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" 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 with 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, including brochures describing
its Apartment Recycling program. COMPANY and CITY will jointly meet with
all apartment managers in the city to educate apartment manager, apartment
management staff and tenants of the Apartment Recycling program to be
established within 180 days of approved agreement. Additional meetings will
be held as necessary by COMPANY and CITY.
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.
6. COMPANY will develop a Restaurant Recycling program in CITY within 180
days of approved agreement. COMPANY and CITY will meet with restaurant
owners and/or managers to outline program. COMPANY will be responsible for
development and distribution of any materials to promote the program.
�
ORD. NO. 95-35 g Revised 4/3/95
�g. „
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. Annual TNRCC Solid Waste Reports - COMPANY will complete all necessary
solid waste reports on behalf of CITY for submittal to TNRCC.
` All monthly reports will be received by CITY on or before the 15th of the month
following the reporting period. Annual TNRCC 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 9 - SPILLAGE
COMPANY will not be required to clean up or collect loose residential solid waste not
created by its operation, but shall report the location of such conditions to CITY so
that proper notice can be given to the occupant of the residence to properly contain
such solid waste. Spillage or excess solid waste at the location of commercial
containers may be picked up by COMPANY after the commercial customer reloads the
commercial container. COMPANY shall then be entitled to, and shall receive an extra
collection charge for each reloaded container requiring an extra collection. Should
such commercial spillage continue to occur, CITY shall require the commercial
customer and COMPANY to increase the frequency of collection of such customer's
refuse, or require the customer to utilize a commercial container with a larger
capacity, and COMPANY shall be compensated for such additional services.
�
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ORD. NO. 95-35 �p Revised 4/3/95
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SECTION 10 - NON-COLLECTION
Should a dispute arise between CITY, COMPANY, and/or a customer as to whether
,�„ the COMPANY actually failed to make a collection (whether the COMPANY missed
a pickup) the decision of the City Manager or his designee on such matter shall be
final and CITY and COMPANY shall abide by said decision. However, it is understood
and agreed by and between CITY and COMPANY that if any customer fails to timely
place solid waste and disposable containers out, maintains improper or inadequate
containers for the nature, volume, or weight of solid waste to be removed from one's
premises, COMPANY may refrain from collecting all or a portion of such solid waste
and shall notify CITY of the reason for such non-collection. COMPANY shall also
provide notice to the customer of the reason for such non-collection (unless such non-
collection is the result of the customer's failure to timely place the solid waste out for
collectionl. COMPANY's notice to the customer shall be in writing, attached to the
front door of the residence or commercial business, and shall indicate the nature of
the violation and the correction required in order that such solid waste may then be
collected at the next regular collection date. When CITY is notified by a customer
that solid waste or brush has not been removed from his premises on the scheduled
collection day and where no notice of non-collection nor a change in the collection
schedule has been received from COMPANY, CITY shall investigate. If the
investigation discloses that COMPANY has failed to collect solid waste from the
subject premises without cause, COMPANY shall collect same within twenty-four (24)
" hours after a collection order is issued by CITY. If COMPANY fails to do so, the CITY
� will impose and collect a penalty of $100 for each 24 hour period or portion thereof,
�� � collection is not made.
SECTION 11 - 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 such residential and
commercial rates (the "Base Rates") until October 1 , 1996. 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 (April - March Southwest Statistical
Summary) immediately preceding the Rate Modification Date, and (ii) any
increases 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
1 of each year, beginning on July 1 , 1996.
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
�
ORD. NO. 95-35 1 1 Revised 4/3/95
�
as represented in Appendix B.
base rate x .70 = O
�
base rate x .30 = D
Where 0 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
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
° COMPANY makes a request for increases above the amount calculated
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 Billinq: 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 on or before the 15th
day of each month the service charges for residential services rendered during
the preceding month. CITY shall collect and remit to the appropriate agency
of the State of Texas all appropriate sales taxes.
6. Pavment to CITY: COMPANY shall pay to CITY as a franchise fee an amount
� equal to twelve percent (12%) of the gross revenues received by COMPANY
for its commercial services provided within the CITY during the immediately
preceding twelve (12) month period, ending March 30 of each year. Such
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ORD. NO. 95-35 12 Revised 4/3/95
Franchise Fee shall be payable in monthly payments on or before the 15th day
� after the month of service.
;�„ SECTION 12 - REMEDY FOR FAILURE TO COMPLY
Notwithstanding any other provision herein, this ordinance may be terminated by the
CITY for failure of the COMPANY to comply with any terms conditions or provisions
of this Ordinance in accordance with the following procedures:
1 . If the CITY determines that the COMPANY has breached or violated any of the
material provisions of this Ordinance, it shall notify the COMPANY in writing
of the applicable provisionls) of this Ordinance, of the circumstances alleged
to constitute the breach or violation thereof and the action requested of the
COMPANY to correct such alleged breach or violation, and the time within
which any such action shall be taken. The COMPANY shall respond in writing
within fifteen (15) days of receipt of such written notice notifying the CITY of
the measures, if any, it is taking to remedy the complaint and the time within
which such measures are anticipated to be completed or with a written
statement of the reasons the COMPANY feels that no breach or violation has
occurred.
2. If, upon receiving a written response, the CITY continues to believe that
` ` such breach or violation has occurred or is dissatisfied with the response or
remedies proposed by the COMPANY, it shall call a public meeting of the City
�� Council to consider such issues. The COMPANY shall be given at least ten (10)
days written notice of such meeting and issues which the City Council is to
consider.
3. The City Council shall consider the issues and hear any person interested in the
matter, and the City Council shall determine in its discretion whether or not any
breach or violation by the COMPANY has occurred.
4. If the City Council shall determine the violation by the COMPANY was the fault
of the COMPANY and within its control, the Council may order compliance
within such reasonable period as the Council may determine, but no less than
fifteen (15) days.
5. If the COMPANY fails to remedy the breach or violation as determined by the
City Council to be a material breach or violation of this ordinance or if the
COMPANY fails to acknowledge by responding in writing that a breach or
violation has occurred within the time periods determined in the section, then
either party may seek a declaratory judgment in a District Court in Tarrant
�,,, County, Texas to determine if such breach or violation has occurred and
whether such breach or violation is sufficient cause for termination of this
Ordinance.
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ORD. NO. 95-35 � 3 Revised 4/3/95
6. The COMPANY shall not be excused from compiying with any of the terms and
� conditions of this Ordinance or any failure of the CITY upon any one or more
occasions to insist upon or to seek compliance with any such terms or
� conditions.
SECTION 13 - NOTICE
For the purpose of this Ordinance, notice to the CITY will be to:
City Manager
City of Grapevine
P.O. Box 95104
413 South Main Street
Grapevine, Texas 76099
Notice to the COMPANY will be:
General Manager
Marketing & Sales
Laidlaw Waste Systems, Inc.
6100 Elliot Reeder Road
Fort Worth, Texas 761 17
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 14 - ASSIGNMENT OF ORDINANCE
1 . The COMPANY shall be a legal entity with legal capacity to operate and
maintain a local solid waste company in the City of Grapevine.
2. This Ordinance and any rights or privileges hereunder shall not be assignable
to any other party without the express consent of the Grapevine City Council,
such consent to be given by an ordinance of the City Council, which ordinance
shall fully contain the terms and conditions, if any, upon which such consent
is given further provided that such consent by the City Council will not be
unreasonably withheld. Any assignee must agree in writing to all terms and
conditions in the Agreement prior to any consent to assignment being given by
CITY.
SECTION 15 - PUBLIC PURPOSE
All of the regulations provided in this Ordinance are hereby declared to be for a public
purpose and the health, safety and welfare of the general public. Any member of the
governing body or CITY official or employee charged with the enforcement of this
�
ORD. NO. 95-35 14 Revised 4/3/95
�.,��
Ordinance, acting for the CITY in the discharge of his duties, shall not thereby render
himself personally liable; and he is hereby relieved from all personal liability for any
damage that might accrue to persons or property as a result of any act required or
permitted in the discharge of his said duties. Neither the CITY nor the COMPANY, by
accepting this Ordinance, waives its right to seek all appropriate legal and equitable
remedies as allowed, by law upon violation of the terms of this Ordinance.
SECTION 16 - APPLICABLE LAW
This Ordinance shall be construed under and in accordance with the laws of the State
of Texas.
SECTION 17 - VENUE
Venue for any proceedings under this agreement shall be in Tarrant County, Texas.
SECTION 18 - REPEAL OF CONFLICTING PROVISIONS
All other ordinances and agreements and parts of ordinances and agreements in
conflict with the provisions of this Ordinance are hereby repealed.
SECTION 19 - NOT EXCLUSIVE ORDINANCE
That nothing herein contained shall be construed as giving to the COMPANY exclusive
� � rights under this Ordinance.
SECTION 20 - INDEMNITY
The COMPANY, as a condition of the grant of the rights and privileges hereunder, and
in consideration thereof, shall indemnify and hold the CITY, its elected officials,
officers, employees, agents, or representatives harmless against all claims for
damages to persons or property by reasons of the operation of the COMPANY and
conduct of its business, or in any way growing out of the granting of this Ordinance,
directly, or indirectly, including any court costs, attorney's fees, expenses, and
defenses thereof, when such injury shall have been caused by the willful, wrongful
or negligent act, omission, or misconduct, of the COMPANY or any of its officers,
agents or employees, or by any person for whose negligent act or omission or
misconduct the COMPANY is by law responsible. This indemnity shall only apply to
the extent that the loss, damage or injury results from the negligence or wrongful act
or omission of the COMPANY, its officers, agents or employees, and does not apply
to the extent such loss, damage or injury is attributable to the negligence or wrongful
act or omission of the CITY, or the CITY'S elected officials, officers, employees,
agents, or representatives or entity. This provision is not intended to create a cause
of action or liability for the benefit of third parties but is solely for the benefit of the
COMPANY and the CITY.
�
ORD. NO. 95-35 15 Revised 4/3/95
�
SECTION 21 - FUTURE CONTINGENCY
Notwithstanding anything contained in this Ordinance to the contrary, in the event
,�, that (a) this Ordinance or any part hereof, (b► any procedure provided in this
Ordinance, or (c) any compensation due the CITY under this Ordinance, becomes, or
is declared or determined by a judicial, administrative or legislative authority exercising
its jurisdiction to be excessive, unrecoverable, unenforceable, void, unlawful or
otherwise inapplicable, in whole or in part, the remainder of the ordinance shall be
fully enforceable.
SECTION 22 - ORDINANCE PASSED AT PUBLIC MEETING
It is hereby officially found and determined that the meeting at which this Ordinance
is passed is open to the public as required by law and that public notice of the time,
place and purpose of said meeting was given as required.
SECTION 23 - FUTURE AMENDMENTS
This Ordinance governing street use may be amended at any time by the mutual
agreement of the CITY and the COMPANY. It is understood that the COMPANY is
currently in the process of negotiating similar ordinances with other cities throughout
the state. It is understood and agreed that if an ordinance governing street use with
another city in this state contains a provision which the CITY feels would be more
advantageous to it than the terms hereof, the CITY may require that portion of this
�-m Ordinance be reopened for negotiation. The intent of the parties is that the CITY will
be entitled only to treatment comparable to that which was afforded under the
ordinance with the other city giving due consideration to the contextual meaning of
the provision on which renegotiation is sought and the effect of the proposed
amendment on the meaning of the ordinance as whole.
SECTION 24 - ACCEPTANCE OF AGREEMENT
That the COMPANY shall have thirty (30) 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 June 1 , 1995.
SECTION 25 - TERMINATION OF AGREEMENT
Either party may terminate this agreement, with or without cause, with 90 days prior
written notification.
�
�
ORD. NO. 95-35 16 Revised 4/3/95
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
� GRAPEVINE, TEXAS on first reading on this 21 st day of March , 1995.
� PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ON second and final reading on this 2nd day of
May , 1995.
APPROVED:
William D. Tate
Mayor
ATTEST:
'� � Linda H ff
City Secretary
��
APPROVED AS TO FORM:
;
Stan Lowry
Assistant City Attorney
�
�
ORD. NO. 95-35 1 7 Revised 4/3/95
�.,�
ACCEPTED:
'�� '` ;,L „L �-�-;
, � : ,� �,�,��, � ; ;.
LAIDLAW WASTE'SYSTEMS, INC.
NAME: Mike Bragagnollo
TITLE: Executive Vice President
DATE OF ACCEPTANCE: L/ii/9.f
,�,,,�
�
w�
ORD. NO. 95-35 � $ Revised 4/3/95
ORDINANCE NO. 95-35 DOES NOT HAVE AN APPENDIX "A"
�.,:..�
jj Page 1 of 3
. Di��as�al R�rte �djustm�nt Catc�lation �
Example
Current �C��f7'tial�'CORIR1�CCi� � �� $8-0�
�_.. ���°yo �.�e
DiS�7os�Adj�t°Si 30.0%
GF�! 9'e ChN�ge (�1"lplg) 3.�°•'o
Dispcsal 9'o Cttange (�art'tpre) 5.96�1e
Operativ�s Di�csai Tota! Old I�aie
Ba�e Aa�e �.6n �2.40 $B,Co
Ad'JuStRIe�1t°Yo 3.0°'a 5.g6°Yp
Ad;'w�t'tent$ 50.17 �CC}.14 $�,31
New 8ase Aate $S,T7 $2S4 $8.3'�
Dis�osa� Rates fio� Select�� L�ndfills
Campacted Gate A�#es
Oct 1, 1994 Qct 1, 1995 �a Ct�ange
Was�e Management DFW �,3� �.a� 6.6t��a
Waste Mlanagement Westssde $�.20 $5.a� fi.73%
Laidla�v Tu1'f�ey Ct�eek $�.Q� $�.20 4.00°l0
City of Fafiners BrartCf� $4.0� $�_DO T.53°la
Sartifill $4.85 $5.09 4.95%
TCt�I $2�.Q0 $26.49 5.96Q10
:��-..�
--,•'•••- . .....4a i cJV7'; • �'iOr1P Vlcrr:. ��'�/�n. ..�,...
jj Page 2 of 3
�� .
Disposai Rate Adjustment Calc�ia�ion �
Example
C.�ur+erd Re�cierrtia� or Corr�rterc�ai 8ase Ra� �a3.0�
�:.:�
CP!Adjustr�eRx°,ro 70.09'a
Disposai Adjus�'�ertt 9'. 3o.0°!e
CF'�Ya Ct�ange (Eacarnple) 3.On%
Disposat % Change �F�carnpte) 5.96°Ia
Operaticrts Dis�os�l TQtal 41d i�ate
6ase pa�e $30.10 $�S 2�0 �3.Q0
�u.��'trrtefrt�a 3.0°a 5.96°/a
AdjuSttnertt� � �0.90 $Q.?7 �'i.57
New 8ase Aat� '�.,"��,00 �13.67 �44.b7
Dis}�osal Ra�es for Se�ect�d Laridfiiis
Campacted Gate Rates
Oci t, 199a Cct 1, i 995 % C�ange "
,Waste Management DFW �5.30 $5.65 6.fi�%
Waste Management Westside 3�.20 $,;.5� 5.73°l0
Laidlaw Turicey Creek $s.00 �,20 4.00%
C�,y o#Farmets Branct� $4.65 $a.CO 7.53�0
Senifil! �4.85 .�.09 4.95%
Tota! �25.04 �.49 5,96°/Q
�.��
'
... . ,.,� c.RaDe,... � .
�rNcaaul� 1� t,v v1LL. LVV. lJ—JJ
Page 3 of 3
� . Dis�osai Rate Adjustmen� C�c�lation
�Q�e
�°""�" t%��rt�ent Ae�derroai or ccmm�ai ease Aate �2es.oa
_ CPt�ejus�trnerrt�', �p.�y,
Di�csal�ustrn�ent 96 � �0.4°1e
Cp1 �Chanqe (Fxarnpte) 3.do�a
Disposal °�6 Change (Eacample) 5.96°�0
�perd�ons Disposat Tota! �Id Rate
F3ase Rate $199.50 �5.50 $28S.C�
Adjust�nerrt 9'a 3.09'0 5.96°/a
Ad�ustment$ �5.J8 �5.10 $11,08
New 8ase P,ate $�205.4.9 $90.6a �296.J8
� Disposa! Rates for Sele��d Landfills
Compacted Gate Rates
Oct 1, 1994 Cci �, 1995 % Cttartge
Waste Management DF'�V �5.30 $0.6� 6.oa°"o
Waste ,Ularta�emerrt Wes`tside �5.2U $�.�a 6.73%
Laidlaw T
urkey Creek $5.00 $5.20 4.00%
_"7 ��+'�J G�QI IC� �`f'.W ��L/V 7.yh3`C
SB�i[�1![ $4.85 • $�.09 4.95%
TCt�! $?_S-D4 $25.49 5.96°/a
�,�