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HomeMy WebLinkAboutORD 1995-013 ORDINANCE NO. 95-13 ��,<9,. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 25, UTILITIES AND SERVICES, ARTICLE III, SOLID WASTE DISPOSAL; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine has recently completed contract negotiations with Laidlaw Waste Systems, Inc.; and WHEREAS, the contract negotiations resulted in new services and pricing; and WHEREAS, the City Council of the City of Grapevine wishes to amend Chapter 25 Utilities of the Grapevine Code of Ordinances relative to services and charges. 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 incorporated into the body of this ordinance as if copied herein in their entirety. Setion 2. That Chapter 25, Utilities and Services, Article III, Solid Waste , Disposal, is amended in its entirety as further described in Exhibit "A", attached hereto and made a part hereof as if copied in its entirety. � Section 3. That said exhibit further describes the rates which will be charged for solid waste services within the City of Grapevine. Section 4. That the effective date of this ordinance is April 1 , 1995. Section 5. 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 this 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 are inadequate to properly safeguard the health, safety, morals, peace and �a� 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 21 st day of March , 1995. APPROVED: William D. Tate Mayor ATTEST: Linda uff �� City Secretary APPROVED AS TO FORM: �°'��--z� `�. � John F. Boyle, Jr. City Attorney ACCEPTED: ��c���� LAIDLAW WASTE SYSTEMS, INC. �,;::.� TITLE:Cth�r•l mQl�0. � (V1 'LT'6� ��G� DATE OF ACCEPTANCE: �' 30'9S � Ord. No. 95-13 �� EXHIBIT "A" to Ord. No. 95-f.� � ' ARTICLE III. SOLID WASTE DISPOSAL '� Sec. 25-90. Definitions. ' As used in this article, the following terms shall have the respective meanings ascribed to them: Annual Fee: Compensation for the use, occupancy, oversight, supervision and regulation of the RIGHTS-OF-WAY. Brush: Limbs, branches and other trimmings which can not be placed in disposable containers and/or exceeds 4 feet in length and 6 feet in diameter. 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. � �� City: The City of Grapevine, Texas. , Commercial Containers: Metal containers of 2 yard capacity or greater supplied ', by COMPANY to service commercial customers. Commercial Customer: Any customer using a metal container of 2 yard or greater. Commercial Hand-Load Customer: Any commercial customer not using a commercial container. Company: Laidlaw Waste Systems, Inc. Consumer Price /ndex: "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 purchasing power to the U.S. � .� 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. Customer: All person, household, tenant or business receiving solid waste services. �� Construction Materials: Dirt, concrete, rocks, bricks, lumber, shingles, plaster, sand or gravel and other waste building materials. 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. 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. Disposal Cost: Disposal cost shall mean the composite index established using the gate rates from the ten (10) landfills indentified in Appendix B. Facilities: Any buildings, structures, or containers used for the collection, separation or disposal of solid waste. 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. 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. 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. Recycling Containers: An eighteen (18) gallon container for use by residential customers for curbside recyclable materials collection by COMPANY. �.;� Recyclable Materials: Recyclable materials shall mean: (1) Newsprint & magazines. � (2) Telephone directories in conjunction with redirectory projects. ' (3) Glass bottles and jars but not including mirrors, windows, ceramics or other glass products. (4) Aluminum and tin cans used for beverage, food, beer, and soft drinks composed of tin, steel, or aluminum but excluding scrap metal. (5) Plastics composed of H.D.P.E. (high density polyethylene) and P.E.T. (polyethylene terephthalate) bottles, numbers 1 , 2, and 3. (6) White paper products including mail, office paper, advertisements and similar materials. (7) Old Corrugated Cardboard (OCC). As recycling markets open up to additional recyclables, this list may be expanded based on mutual agreement of CITY and COMPANY. Residential Customer: Any household receiving curbside service. �n« � 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. Solid Waste: All garbage, trash, brush, yard waste, bulky waste and ' � construction materials. TNRCC: Texas Natural Resource Conservation Commission. 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. 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. �,;:.� 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 and trash containers of sufficient number and size, as hereinafter specified, to hold the garbage and trash that will normally accumulate on the premises. Sea 25-92. Same- Specifications. Each of said owners, occupants, tenants or lessee shall provide containers for garbage and trash, each to be not more than thirty (30) gallons capacity, constructed of plastic. Sec. 25-93. Same- Keeping covered. The lids or covers of all commercial containers shall be at all times kept secure and fastened so that flies and other insects may not have access to the contents ' thereof, except while the containers are being filled or emptied. Sec. 25-94. Same- Placement for emptying; bundling trash; size of tree limbs. ` The owner, occupant, tenant, or lessee of the premises shall place the container, such container having no more than a thirty (30) gallon capacity in the ����� required front yard or right-of-way. Brush must be placed in bundles not exceeding four (4) feet in length and under (50) pounds in weight. Containers shall not be placed in the required front yard or right-of-way prior to twenty-four (24) hours of the collection time. 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 sixty (60) days of the adoption of this section. Sec. 25-95. Preparation before placing in container. All garbage or trash that is mixed with water or other liquids shall be drained before being put in the container. All animal matter that is subject to decomposition shall be well wrapped in paper or other combustible material before being deposited in the container. ,� Sec. 25-96. Efficient operation; maintenance of sanitation; notice of failure to remove refuse. �:::� The collection, removal and disposal of all garbage and trash shall be carried on in a systematic and efficient manner, keeping the entire city in a clean and sanitary condition. Every owner, occupant, tenant, or lessee of a house or building used for residential, business or commercial purposes is required to maintain constant ,�, supervision and surveillance over the garbage and trash containers on his premises,and if the garbage or trash containers should not be emptied and the contents removed by an agent or representative of the city, or other duly authorized person, for a period of five (5) days, he must notify the city of this fact within five (5) days. 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 month with such rates established annually by ordinance. Single-family residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8.73 Single-family residence without city water service . . . . . . . . . . . . 8.73 Duplex . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.46 � Multifamily, per unit (without dumpster container) . . . . . . . . . . . . 8.73 � °� IB) collecting and removing of garbage, refuse and trash from houses, buildings, and premises used for commercial and business purposes (apartment complexes with three (3) or more units 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 1 Dump per week . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.86 2 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77.28 3 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 103.54 4 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 145.54 5 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 188.97 6 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 218.60 Extra pickup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.68 b. Three-yard containers �..:� 1 Dump per week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.14 2 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86.07 3 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 123.48 4 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 164.27 �„ 5 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 206.27 6 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 234.02 Extra pickup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.92 c. Four-yard containers: 1 Dump per week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.16 2 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 106.32 3 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 148.79 4 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 189.56 5 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 .32 6 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 253.10 Extra pickup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.16 d. Six-yard containers ' 1 Dump per week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78.71 2 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 132.74 3 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 186.45 � 4 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 239.78 5 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.66 �-� 6 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 348.12 Extra pickup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.40 e. Eight-yard containers 1 Dump per week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98.07 { 2 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 165.64 3 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 237.06 4 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.94 5 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 369.76 6 Dumps per week . . . . . . . . . . . . . . . . . . . . . . . . . . . 421 .76 Extra pickup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.64 f. Recycling Containers 1 Dump per week (not to exceed) . . . . . . . . . . . . . . . . . . 34.00 �- .} (2) Casters: Five dollars and sixty cents 155.60) per month additional. (3) Locks: One dollar and twelve ($1 .12) per lift. �;,� (4) Commercial hand-load, two (2) dumps per week: Seventeen dollars and two (517.02� 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). (5) Open-top construction and demolition containers: a. Delivery fee: 578.40 b. Daily fee: 53.36 Haul: S 140.00 Disposal: Actual cost Deposit 5250.00 f. Billing for open-top construction and demolition containers will be performed by the contractor. The City will establish such rates annually by ordinance. (C) Collecting and removing of recyclables from multi-family (apartment) complexes will be performed be 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 recylcing fee . . . . . . . . . . . . . . . . . . $0.84 °�°� (D) Rates for any service required other than the above described services will be determined by the city. (E) Collecting and removing garbage and trash from churches or other buildings and premises used for religious worship will not be charged where such collection and removal is not required in excess of once each week. (F) Collecting and removing garbage and trash from buildings and premises used for lodges and fraternal organizations will not be charged where such collection and removal is not required in excess of once each week. (G) The minimum service to be rendered shall be once each week and the maximum six (6) times 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. ek4!� Sec. 25-98. Same- Payment. The charge fixes herein for the removal and disposal of all garbage and trash shall be �,,� entered by the city against such owner, occupant, tenant or lessee using or occupying any building, house, or structure receiving such service. Any person who shall fail or refuse to pay the charge herein specified when due and payable shall have his service suspended. Sec. 25-99. Persons authorized to remove or transport refuse. No one except the duly authorized agents of the city shall empty solid waste or recyclables containers or convey or transport garbage or trash on the streets, alleys and public thoroughfares of the city without a franchise granted and issued by the City Council. Sec. 25-100. Franchise to remove and dispose of refuse. Any person desiring a franchise for the removal and disposal of garbage and trash shall make application for such franchise to the City Council, who shall make and cause to be made such investigation as it may consider necessary in order to determine whether or not the public convenience and necessity require the granting of such franchise and the amount to be charged therefor. All franchises so granted shall be nontransferable and said franchise may be rescinded by the City Council at any time in its judgment such action is deemed to the best interests of the public. At �- y no time where franchises have been issued to vendors to dispose of garbage or trash shall the city be responsible or liable in the event of damages to persons or damages to property. In all cases where franchises have been issued, such franchises shall be attached to the vehicles used for such service, and shall be subject to inspection at all times. Sec. 25-102. Inspections; enforcing health requirements. It is hereby made the duty of the Internal Services 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 timely action shall be taken to insure a full compliance with its provisions.