HomeMy WebLinkAboutORD 2022-058ORDINANCE NO. 2022-058
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, Allied Waste Services of Fort Worth, LLC. is a subsidiary of Republic
Services; 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, on July 20, 2010, by passage of Ordinance No. 2010-30 the City of
Grapevine, Texas granted Republic Services 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 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, on September 6, 2022, by passage of Ordinance No. 2022-057 the
City of Grapevine, Texas extended the term of the franchise ten (10) years commencing
on November 1, 2022; and
WHEREAS, Section 12, Item 1 of the franchise agreement provides for the
establishment of residential and commercial rates on an annual basis prior to October 1
of each year; and
WHEREAS, Republic Services has requested a rate adjustment to be effective on
October 1, 2022; and
WHEREAS, the City Council finds it necessary to increase the rates for collecting
and removing garbage, recycling, refuse and trash and other solid waste by amending
Chapter 25 Utilities and Services, Article III, Solid Waste Disposal, Sections 25-90 and
25-97 of the Code of Ordinances of the City of Grapevine, Texas; and
WHEREAS, all constitutional and statutory prerequisites for the approval of this
ordinance have been met, including but not limited to the Open Meetings Act; and
WHEREAS, the City Council deems the adoption of this ordinance to be in the best
interests of the health, safety, and welfare of the public.
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 25-90 in its entirety to read as follows:
"Sec. 25-90. Definitions.
As used in this article, the following terms shall have the respective meanings
ascribed to them:
(a) Annual fee: Compensation for the use, occupancy, oversight,
supervision and regulation of the rights -of -way.
(b) Brush: Limbs, branches and other trimmings which cannot be placed in
disposable containers and/or exceeds four feet in length and six inches
in diameter.
Ordinance No. 2022-058 2
(c) 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 four feet square or four 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.
(d) City: The City of Grapevine, Texas.
(e) Commercial containers: Metal containers of two -yard capacity or greater
supplied by company to service commercial customers.
(f) Commercial customer. Any customer using a metal container of two
yards or greater or as may be defined from time to time by the city
manager or his designee in consultation with company.
(g) Commercial hand -load customer. Any commercial customer not using a
commercial container.
(h) Company: Allied Waste Services of Fort Worth, LLC. (dba Republic
Services).
(i) Consumer Price Index: "CPI" shall mean the (CPI-U), U.S. City Average,
Garbage and Trash collection in U.S. city average, all urban consumers,
not seasonally adjusted, published by the United States Department of
Labor, Bureau of Labor Statistics 1983 = 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 of the U.S.
Q) 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.
(k) Customer. All persons, households, tenants or businesses receiving
solid waste services.
(1) Construction materials: Dirt, concrete, rocks, bricks, lumber, shingles,
plaster, sand or gravel and other waste building materials.
(m) 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 article.
(n) Disposable containers: Any plastic bag or cardboard box with a capacity
of volume of 30 gallons or less and which is capable of containing
Ordinance No. 2022-058 3
garbage, trash or solid waste without leaking or emitting odors, and
which weighs, when loaded, less than 50 pounds.
(o) Disposal container. Any sixty -five (65) gallon or ninety -five (95) gallon
container for use by residential customers for curbside garbage, trash,
or solid waste materials collection by COMPANY.
(p) Disposal cost: Disposal cost shall mean the index established using the
Consumer Price Index (CPI). Note— Appendix B is no longer
applicable.
(q) Facilities: Any buildings, structures, or containers used for the collection,
separation or disposal of solid waste.
(r) 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.
(s) 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.
(t) Mobile home: A single-family housing unit.
(u) Mobile home park: A tract of land, which is generally not less than ten
acres, used for the development of a mobile home subdivision pursuant
to the city's zoning and licensing ordinances. The subdivision allows for
the placement of individual mobile homes within the subdivision.
(v) Non-exclusive: No rights provided for in this article 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.
(w) Recycling containers: A 65-gallon or 95-gallon container for use by
residential customers for curbside recyclable materials collection by
company.
Ordinance No. 2022-058 4
(x) Recyclable materials: Recyclable materials shall mean:
(1) Newsprint and magazines.
(2) Telephone directories in conjunction with re -directory 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, 2,3,4,5 and
7.
(6) White paper products including mail, office paper, advertisements
and similar materials.
(7) 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.
(y) Residential customer. Any single-family home or duplex located on an
individually plated lot or as may be defined from time to time by the city
manager or his designee in consultation with company.
(z) 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.
(aa) Solid waste: All garbage, trash, brush, yard waste, bulky waste and
construction materials.
(bb) TCEQ: Texas Commission on Environmental Quality.
(cc) 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.
(dd) Yard waste: Grass clippings, yard cleanings, leaves, tree trimmings and
branches.
Ordinance No. 2022-058 5
Section 3. That Chapter 25 Utilities and Services, Article III, Solid Waste
Disposal, is hereby amended by amending Section 25-97 in its entirety 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,
have their recyclable materials removed once per week, have their
brush and yard waste removed once per week, and have their bulky
wastes removed once every other week with such rates established
annually by ordinance.
Monthly Charge
Single-family residential ................................................. $ 16.91
Single-family residence without city water service ............ 16.91
Duplex..............................................................................33.82
Multifamily, per unit (without dumpster container) ............16.91
(b) Collecting and removing of garbage, refuse and trash from houses,
buildings and premises used for commercial and business purposes
(apartment complexes with three or more units and mobile home
parks 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) Trash Container rates:
a. Two -yard loose containers:
1 Dump per week ................................................ $ 86.26
2 Dumps per week
...............................................145.41
3 Dumps per week
...............................................194.75
4 Dumps per week
...............................................273.86
5 Dumps per week
...............................................355.55
6 Dumps per week
...............................................411.25
Extrapickup...........................................................29.49
b. Two -yard compactor containers:
1 Dump per week ........................................... $ 103.53
2 Dumps per week............................................174.49
3 Dumps per week............................................233.70
4 Dumps per week ............................................ 328.63
Ordinance No. 2022-058 6
5 Dumps per week............................................426.67
6 Dumps per week............................................493.52
Extra pickup........................................................35.18
c. Three -yard loose containers:
1 Dump per week ............................................. $ 98.09
2 Dumps per week
............................................161.93
3 Dumps per week
............................................232.33
4 Dumps per week
............................................309.06
5 Dumps per week
............................................388.05
6 Dumps per week
............................................440.33
Extrapickup........................................................33.73
d. Three -yard compactor containers:
1 Dump per week ........................................... $ 117.69
2 Dumps per week
............................................194.30
3 Dumps per week
............................................278.81
4 Dumps per week
............................................370.87
5 Dumps per week
............................................465.66
6 Dumps per week
............................................528.38
Extrapickup........................................................40.02
e. Four -yard loose containers:
1 Dump per week ........................................... $ 124.47
2 Dumps per week
............................................200.02
3 Dumps per week
............................................280.10
4 Dumps per week
............................................356.62
5 Dumps per week
............................................435.21
6 Dumps per week
............................................476.20
Extrapickup........................................................37.96
f. Four -yard compactor containers:
1 Dump per week ........................................... $ 149.35
2 Dumps per week
............................................240.02
3 Dumps per week
............................................336.11
4 Dumps per week
............................................427.94
5 Dumps per week
............................................522.24
6 Dumps per week
............................................571.44
Extrapickup........................................................50.77
Ordinance No. 2022-058 7
g. Six-yard loose containers:
1 Dump per week ........................................... $ 148.09
2 Dumps per week
............................................249.74
3 Dumps per week
............................................350.79
4 Dumps per week
............................................451.13
5 Dumps per week
............................................565.70
6 Dumps per week
............................................654.97
7 Dumps per week
............................................764.11
Extrapickup........................................................42.15
h. Six-yard compactor containers:
1 Dump per week ........................................... $ 177.69
2 Dumps per week
............................................299.67
3 Dumps per week
............................................420.96
4 Dumps per week
............................................541.36
5 Dumps per week
............................................678.86
6 Dumps per week
............................................785.96
7 Dumps per week
............................................916.92
Extra pickup........................................................60.41
i. Eight -yard loose containers:
1 Dump per week ........................................... $ 184.52
2 Dumps per week
............................................311.64
3 Dumps per week
............................................446.01
4 Dumps per week
............................................570.13
5 Dumps per week
............................................696.06
6 Dumps per week
............................................793.16
7 Dumps per week
............................................925.37
Extra pickup........................................................46.35
j. Roll -Cart Containers (Main Street):
2 Dumps per week .......................................... $ 34.67
Extra Roll-Carts....................................................7.05
(2) Recycle Container rates:
a. Cardboard only front -load eight -yard containers:
1 Dump per week (not to exceed) .................... $ 48.28
Ordinance No. 2022-058 8
b. Roll -Cart (95 gallon) Recycle containers:
1 Dump per week (not to exceed) .................... $ 20.21
Extra Roll -Carts ................................................. $ 7.05
c. Six-yard front -load recycle containers:
1 Dump per week ............................................ $ 87.66
2 Dumps per week...........................................151.00
3 Dumps per week...........................................212.11
4 Dumps per week...........................................272.77
Extrapickup.......................................................29.81
d. Eight -yard front -load recycle containers:
1 Dump per week .......................................... $ 101.18
2 Dumps per week...........................................174.25
3 Dumps per week...........................................249.38
4 Dumps per week...........................................318.76
Extrapickup.......................................................34.39
e. Twenty -yard open top loose recycle containers:
Total per load ................................................ $ 281.13
f. Twenty -yard compacted recycle containers:
Total per load ................................................ $ 305.33
g. Thirty -yard open top loose recycle containers:
Total per load ................................................ $ 302.03
h. Thirty -yard compacted recycle containers:
Total per load ................................................ $ 338.33
(3) Organic Food Waste rates:
a. Three -yard containers:
1 Dump per week ........................................... $ 135.39
(4) Caster rates:
permonth.......................................................... $ 8.82
Ordinance No. 2022-058 9
(5) Lock rates:
perlift................................................................$ 1.55
(6) Enclosure Gate rates:
perlift................................................................ $ 1.55
(7) Commercial hand -load, two (2) dumps per week: Thirty-six
dollars and fifteen cents ($36.15) 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).
(8) Open top construction and compactor containers:
a. Delivery fee .......................................................... $ 131.94
b. Daily rental fee .........................................................$ 5.60
c. Haul..................................................................... $ 239.33
d. Trash Disposal:
Loose ............................... $ 8.90 / cubic yard
Compacted .................... $ 12.56 / cubic yard
e. Deposit................................................................ $ 385.24
f. Billing for commercial containers will be performed by the
contractor. The City will establish such rates annually by
ordinance.
(c) Collecting and removing of recyclables from multifamily (apartment)
complexes will be performed [by] 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 recycling fee...................................$1.28
(d) Rates for any service required other than the above described services
will be determined by the city.
(e) The minimum service to be rendered shall be once 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
Ordinance No. 2022-058 10
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.
(f) Mobile home parks may request curbside service for each individual
housing unit for the collection of garbage, trash, yard waste and
recyclables only. Such garbage, trash, yard waste and recyclables must
be generated by tenant. The fee for such service will be the normal
residential rate established annually by ordinance per the number of
units in the park. The mobile home park must maintain commercial
service for its office, management and other operations and for the
collection of all brush and bulky waste as further defined by Article III,
section 25-90, Grapevine Code of Ordinances."
Section 4. 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 5. 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 6. That the effective date of this rate adjustment will be October 1, 2022.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 6th day of September, 2022.
=00
William D. Tate
Mayor
Ordinance No. 2022-058 11
ATTEST:
Tara Brooks
City Secretary
7�t U). k�
Matthew C.G. Boyle
City Attorney
Ordinance No. 2022-058 12