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Ord 756 Amending Ordinance 642 Extending the Contract with Republic Allied WasteTOWN OF WESTLAKE ORDINANCE NO. 756 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING ORDINANCE NO. 642 WHICH GRANTED A CONTRACT EXTENSION TO ALLIED WASTE FOR TRASH PICK UP AND RECYCLING SERVICES; SECTION 11, WHICH PROVIDES FOR RATES AND CHARGES; PROVIDING FOR A FIVE (5) YEAR EXTENSION OF THE FRANCHISE IN ACCORDANCE WITH THE ORIGINAL TERMS OF ORDINANCE 408; RATIFYING ALL SECTIONS OF THE ORDINANCE THAT ARE NOT AMENDED OR AFFECTED BY THIS AMENDMENT; REPEALING ALL ORDINANCES THAT ARE IN CONFLICT HEREWITH; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED ISOPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATES. WHEREAS, the Town Council of the Town of Westlake finds that it is in the best interest of the citizens of Westlake to secure services for solid waste and recycling; and WHEREAS, On November 26, 2041, the Town Council of the Town of Westlake adopted Ordinance 408 to contract Trinity Waste Services for solid waste and recycling services; and WHEREAS, On August 30, 2010, the Town Council of the Town of Westlake adopted Ordinance 642 that amended Ordinance 408 consenting to the assignment of Ordinance 408 to Allied Waste (d.b.a. Republic Services) and provided a 5 year contract extension to Allied Waste for solid waste and recycling services; and WHEREAS, the Town Council of the Town of Westlake finds that it is in the best interest of the Citizens of Westlake to extend the franchise to Allied Waste five (5) years for trash services with certain amendments; WHEREAS, The Town Council of the Town of Westlake finds that the amendments set forth to the Ordinance are in the best interests of the health, safety, and welfare of the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all of the above premises are found to be true and correct and are hereby incorporated into the body of this ordinance by reference as if copied in their entirety herein. SECTION 2: That the Agreement is amended by providing for a five (5) year extension as allowed by Section 3 of Ordinance 408. The term of the extension shall be from date of Ordinance 756 Page 1 of 3 SECTION 3: That Section 11 of Ordinance 642 of the Town of Westlake is amended to read as follows: 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 current residential and commercial rates (the "Base Rates") on Appendix "A" until December 31, 2017. On each anniversary thereafter, (the "Rate Modification Date") the Base Rates shall be increased by 3% each year subject to approval by Town Council 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 TOWN on a case-by-case basis. If COMPANY makes a request for increase 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. SECTION 4: Severability. It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 5: No Waiver. Neither Town or the Company shall have the right to waive any requirement contained in this Ordinance, which is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Ordinance shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or a different type of breach or violation. SECTION 6: Effective Date. This Franchise shall be effective on December 14, 2015, if Company has filed its acceptance as provided by the Section 5 titled "Acceptance of Terms of Franchise" herein. Ordinance 756 Page 2 of 3 SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 14`h DAY OF DECEMBER 2015. ATTEST: f 1� Kellydward"'Town Secretary r, Laura Wheat, Mayor Thomas E. Bry r, n Manager ESTL4 APPROVED AS TO FORM: Ox . O FIR Ordinance 756 Page 3 of 3 Appendix "A" ALLIED WASTE SERVICES FRANCHISED CITY RATES TOWN OF WESTLAKE COMMERCIAL FRONT -LOAD RATES PICK 1113.0% PFR WFFK SIZE I X 2X 3 X 4X 5X 6X EXTRA 2 YD 54.76 85.80 116.82 147.86 178.88 209.93 23.73 3 YD 67.54 113.17 158.81 204.44 250.07 295.70 25.12 4 YD 82.15 136.91 191.66 246.41 301.19 355.95 26.50 6 YD 96.57 182.70 255.55 328.57 401.58 474.59 27.38 8 YD 141.89 233.65]___324.91 3.1'5 416.18 1 507.45 598.73 1 28.77 COMMERCIAL ROLLOFF RATES SIZE TYPE DELIVERY RENTAL PER DAY HAUL PER LD DISPOSAL PER LD TOTAL PER LD DEPOSIT PER CONT 20 YD OPEN 73.50 3.15 144.00 157.50 316.57 210.00 25 YD OPEN 73.50 3.15 144.00 196.88 357.92 210.00 30 YD OPEN 73.50 3.15 144.00 236.25 399.26 210.00 35 YD OPEN 73.50 3.15 144.00 275.63 440.60 210.00 40 YD OPEN 73.50 3.1'5 144.00 315.00 481.95 210.00 28 YD COMP NEGO NEGO 144.00 280.48 445.70 NEGO 30 YD COMP NEGO NEGO 144.00 300.51 466.73 NEGO 35 YD COMP NEGO NEGO 144.00 350.60 519.32 NEGO 40 YD COMP NEGO NEGO 144.00 400.68 571.91 NEGO 42 YD COMP NEGO NEGO 144.00 420.71 592.95 NEGO FRANCHISE FEE PERCENTAGE 12.00% 12.00% CASTERS: $10.50 /MONTH LOCKS: /MONTH RESIDENTIAL CURBSIDE: $8.40 /MONTH RECYCLING CURBSIDE: $2.89 /MONTH RESIDENTIAL & RECYCLING CURBSIDE TOTAL: $11.29 /MONTH Additional Trash Cart $4.20 /MONTH Additional Recycle Cart $1.84 /MONTH EFFECTIVE DATE: TOWN HALL PHONE #: 817-430-0941 Ordinance 756