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Ord 642 Consenting to the assignment of Ordinance 408 Allied Waste ServicesTOWN OF WESTLAKE ORDINANCE NO. 642 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS CONSENTING TO ASSIGNMENT OF ORDINANCE NO. 408 TO ALLIED WASTE SERVICES PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake contracted with Trinity Waste Services in December 2001 to provide solid waste and recycling collection service within the town limits; and WHEREAS, Trinity Waste Services was a company operating under the parent company, Allied Waste; and WHEREAS, The Town Council of the Town of Westlake approves consenting to assignment of Ordinance No. 408. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION l: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Town of Westlake, Texas, (the "Consenting Party"), does hereby consent and agree to the following: 1. The Consenting Party hereby expressly consents to the assignment by Trinity Waste Services ("Assignor") of Assignor's right, title and interest in, to and under Ordinance No. 408 (the "Ordinance" or "Agreement") to ALLIED WASTE SERVICES OF FORT WORTH, LLC, a Texas limited liability company ("Assignee") and the corresponding acceptance thereof by Assignee and assumption by Assignee of Assignor's covenants, agreements, provisions, terms, conditions and obligations under the Agreement, subject to the covenants, agreements, terms and conditions set forth herein. Assignee shall have the extension options (if any) granted to Assignor in the Agreement. 2. Nothing contained herein or in the Assignment modifies, waives, impairs or affects any of the terms or conditions of the Agreement. 3. The Consenting Party represents and warrants that: (i) the agreement attached hereto as Exhibit A (the "Agreement") is a true, correct and complete copy of the Agreement, and the Agreement is in full force and effect and has not been amended (except as may be otherwise provided herein); (ii) the Agreement is the legal, valid and binding obligation of the Consenting Party, enforceable in accordance with its terms; (iii) to the best of the Consenting Party's knowledge, there are no defaults under the Agreement, nor claims against Assignor, nor any state of facts which, with the giving of notice, the passage of time, or both, might constitute a default on the part of either Assignor or the Consenting Party under the Agreement; and (iv) the Ordinance 642 Pagel of 3 person executing this Ordinance on behalf of the Consenting Party is fully authorized to execute it. The Consenting Party acknowledges that Assignee is relying on these representations and warranties in connection with the purchase by Assignee of the business of Assignor. 4. The notice address for the Assignor referenced in the Ordinance shall be replaced with the following: General Manager Allied Waste Services of Fort Worth, LLC 6100 Elliott Reeder Road Fort Worth, Texas 76117 SECTION 2: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 3: 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 4: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 30TH DAY OF AUGUST 2010. ATTEST: IKI: Kelly Town S � ifs• ... N Z Lau a Wheat, Mayor Thomas E. , Town Manager Ordinance 642 Page 2 of 3 Exhibit A Ordinance 408 Ordinance 642 Page 3 of 3 TOWN OF NI-ES'ILAKE equipmen! utilizing trV.-In NvIlicli haNe 11ol Igen pwpcFh dischar-I'd or that COMPANY is WhCr%6,C 111r'C]UdL�d li"OTI)COHUCIin'_' by %Nifl 110 he collected OR 1)1 NA N CE INO,408 without additional ch-ii uWn 0i I exa,". AN ORDINANCE OF TllFOWN BOAIU)OF ALDERMEN OF THE TOWN OF COMMERCIAL CONT,MNER-15: Metal containers(if 2 varJ capaci, or g V%ESTLAKE. TEXAS DlFINING Trlk�K REQUIRING TIIr PAYNIE*NT OF .\ greater rcial cusior AVS, supplied b,. COMPAIKY�o stn ice conirrii� rwrs. COMPENSATION FOR THE LSI: OF THE STREE.-PS,, ALLEYS, HIG14W PUBLIC THOROUGHFARES,AND PUBLIC WAYS WITHIN' THE TOWN OF WESTLAKE,TEXAS,BY TRINITY NN ASTE �FRVICES TO PROM IDE SOLID COMMERCIAL Ct�*�,TONJY,-_�R:: .ani' 1:L151,:,rner us a inetal 000miner of'-'surd NNr ALSTE SERVICES; PROVIDING THE TERM; PROVIDING CONDITIONS OF or vreatcr. SUCH USACE; FINDING S .UCH COMPENSATION TO BE REASONAHLE-, COMMERCIAL HA`,,t)-L.QAD CIJ9TONIER: .any commercial customer not PROVIDING FOR ACCEPTANCE; PROVIDINC FOR INDEMNIFICATION; REPEALING .ALL ORDINANCES OR PARTS, OF ORDINANCES IN usuig a commercial 1:C1r1UA)eT. CONFLICT HEREWITH; FUNDING AND DETERMINING TI­IAT THE F. COMPANY:Trinity Waste Smires. MEETING AT _\VHICII THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;AND PROVIDING AN EFFECTI'VE DATE 9. CONSL:%IER PRICF INDEX- "CPF shall mea-P.the(CPI-L1, DallasTort \Vorth arca. all iwir:s, published by the Unitcd States Department of Labor. Bureau of NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF Labor Statistics 1952 1984 = tuft). to the CvcriL the U.S. Department of Labor Statistics ceases to publish the CPL lh�� parties hereto shall substitute another ALDERMEN OF THE TOWN OF WESTLAKE TEN-AS; enuallY authoritative measure of change in zi-ic purchasing powrOji the U.S. SECTION I: PurSLUnT to the taws of the State of Texas and this Ordinance. 10. CCSTOMER: Ali person. household. tenant or business receiving solid waste Trinity N (CONIPAY'�has the\'ON-EXCLUSIVE right and privilege to USE the public RIGHTS-0E-%V.AY within the Town of \N7eSjlake for the Dperaticn of 11 CLTBSIDE SERVICE: Garbage, trash. vard waste. brush. bulky wastes and solid waste smices subject to the restrictions wt forth herein and LO the laWfUl exercise recyclable materials to be nicked up by the COMPAN-Ywhich willbelocated at of police power by the TOV'N as the TOWN shall now or hereafter by Charter. Che curbside o?the street bearing the customer's address. Ordinance, or Resolution provide. The terms of this Ordinance shall apply throughout the TOIA'N,and to all operations of the COMPANY within thEmWN,and shall include 12. CONSTRUCTION MATERIALS:Dirt,concrete,rocks,bricks,Itunber,shingles. all operations and facilities used in Whole or in part in the provision of solid waste ier_sand or gravel ani other waste building materials.servim in newly annexed areas upon the effective date of any annexation. pla�- 13 DIRECTION OF THE TOW-M All ordinances. laws. rules. regulations and SECTION 2: 14'henever used in this Ordinance. the following words and terms Charter prgvi5a a o=the TQN\N now in for,:c or that may hereafter be passed and shall have the definitions and meanings provided it this Section: adopEed",Nhieharc inconMstcni with this Ordinance. I ANNUAL.FEE:Compensation for the use,occupancy,oversiglit.supervision and 14. DISPOSABLE CONTATNERS-An,hplastic bap or cardboard box with a capacity regulation ofthe T2IGHTS-01`-4V85'_ I - of volume of thine � 0) Gallons or less and which is capable of containing garbage. trash or scilia .,,atc without leaking or emitting odars- and which RUSH: Limbs- branches wid other trimmings which can not be placed in %%eizh5.when loaded.lesthan rift. {50)pounds. disposable C.OjAamers and.,or exceeds 4 feet in lenoth and 6 inches iit diameter. 5- DISPOSAL COS] Disposal cost shall MC411 the onntpnsite trades VSTahhshed 3. TO' 'N r d x Largo discarded -Aem� horn ­ithin the usin,kht gat from:he si\. 0�landfills identift d in j1pen i, B. such as furniture.appliances,bedding,household gm,cls.and other similar lik� 6, LACILITITS: A-i% huildings, structures. or comainer.5 used for the collection. that are more than 4 feet square or 4 fi-ei in diarneter and %Ncigh more than 75 separation or d;3po5al of solid waste. P(AindST Refrigerators, freezers- air conditioners and any Ddlcr appliances or Attachment A Ordinance 642 GARBAGE:All amm:tl nq �,eL:et*k ��ato is fr.,m a kitchen or food procesing fac i i i i v)-tin CLITI S-I h-t 11 w 1,s. c In t io� e,-c 0 n ni i.ql ie,d ashes"p,.ipv T('not including RESP C-NI LA 1.C t.'S-1IER�An% hoLlSthlld reedit inti curbc."ide Service. liva%,N accunmlZlii,ql� oJA � ,,Ns,Spaprs and ilia iuw i and any other household r VAA Ai I present and future 3treeis. Lc-niuos, highk-va.vs, @Ae)s. bridges end e.asams:nt:%N-a;,te which is damp(:, c-ipalile of Lir noNious red;-ars, IU6H 11,11-OF-N L11:dICw'd for pulilic LI-w NN-111,1; the lo"vil limits of lhti: 19 HAZARDOU-S WASTFS-- All fecal mai,-nal.oil. sludge: leather than that material It C)WIN generated b� the TOW?,,"s kAasiewitey 'Treatment Plant unless such material is subsequently designated by the US Environmental Protection Agerics'('-EPA7)or A, SOLID WA`-'J'E: All plaibapc- Lrav:h - I - . - - -- Teci-clahl,- brush. yard waste. appropriate ioenc� of the Sta:,- of Texas m ,i hazardous %Nnstej and an-,- hulk,! %Nastc and cring]-uCtion ru-11c°riais. radioactive.. pathological. acidic ti- Nolatjle ruaLerkllS, or any chemical Compound, lilimare. suhst-ance or anicle which is designaied by the EPA or T,,P,('C-,I ex3s Ninural Resources Consen-a6nri Commission. appropriate: agmc) c"I- the. Star,- )I' Texas to be "hazardous". "TONiC"- "conLaminarit"or--poll atan!" as such wrens are do fined lb4- or pursuazlt to federal 16.. TP ASH: A11 110LISC110til rt-f,13C other than garbage. construcJor materials, brush or state laws. and hLllkv waste's. I rash includes yard heap ti accumulations of ne-,vspapers arid rnkpzines, old cictbes anti other household ii-ash of like kind, but shall not 19. NON-EXCLUSIVE7 No righi.5 provided for in this Ordinaiwe b% the TOIA'K include ha/ardous wastes or reffiFerwors. ficezcri- air conditioners or other shall be exclusand The Tff�VN revered rhe right to grant tianchises., licenses, been proper no freor which has not h. discharged or easements or permissi(lns in use the public RIGHTS-OF-WAYS 1"ithin the appliances or equipment usi I other items banner, state it federal regulai-lon to prohibit from disposal in TOUT to any person or entity as the 1OWN,in its sole discretion may determine to be in the public intezl,,T landfills. ?Cl. RECYCLING CONTAINIERS: An eighteen (18) gallon container for use b)- 2 YARD )VASTE: Grass clippings, yard cleartings, leaves, tree trimmings and residential customers for curbside rec.clable materials collection by COMPANY. tvanches,,. Tree trimming,3 and branches must be 4 feet or less in tengih and no inore than 6 inches in diameter and%vuizh le3s than ii 21, RECYCL ABLF-Vid--LTERIALS;Recyclable mat rials shall mean: SECTTO'� ---: This Ordinance c1all be in full force and effect for the period a. Newsprint L magazine�. beOrmine with the effcctivc date hereof and ending ten (10) ,ears after such date. This Ordinance be e:titendtd for additional five (5'i year leans if mutually agreed to fry b, Telephone directories in conjunction with re-directory prQiecls- both parties in-writing, c. Gla-,s bottles and.jars b,.l,,not including mirrors. windows,ceramics or other SECTION 4: Th,- Town.expressly reserves the right to establish necessary rules glass:products. and regulations for solid waste services and from tune to Linin- modify those rules and regulations. However,�CONIPANY:shall be given due wrineii rmice and if requested in d, Alurniniam anal tin cans used for bet era,,,e, food, beer. and soft drinks vcntin2-the COMPANY shall be entitled to a hear-irt-before the IA-cstlakc Town Council composed of tin.steel,or alto inum gut excluding scrap raetaL prioriv the adoption of any_uch requirements. The Town rna-, impose perialtics of 51 LK, per day for failure of COMPANY i-i perform those duties outlined in this agrmi-norit e. Plastics composed of I1-DRE. (high density polverhvletie) and P.E.T. between TOVI\ and C0NII`A.NlY. TOWN will notif\ COMPANY of such failure in (polveth-,lene tereph!,halaie' bottles-numbers 1.2.and?.i accordance to comply and CONIPATNY will have all rights and privileges outlined in f. White paper product, in,:ludiri,7 mail.office paper..adive rtis err,ents and sirnitir Section 12.Rcnncdy for Failure to Coinply materials. SECTION 5The 1'0k1"K shall estahlish rfquircrneins for residential custorners erciat customers not utilizing Camnicrcial Containers)as foilows- 016 Corrugazei Cardboard(OCC-'and Chip Board. and conim, As recycling markets open up to additionil rwyclables,this list mat he expandd Lased on mutual avreern--mi of'TOWN'and COWANY. -V] ,arbaL-e. trash and yard waste shall be placed in containers in such a manner i,, to prevent same from being scattered. 'Tree trinunings anc. branches shall be ,�J and banded R-si bi-Aeckh i-vIleclion. Attachment A Ordinance 642 Al€containers and tied and bundled}'ori:nytstc sh;tl I be placed at the curbside on , the street bearing_:the cusion-cr,ads}res,. CUNIIIA.Itil shall nrake ortt I 1 i collection tot rec+ci nle n::tie°i s;;e!vtr3+�cek Ior eai:Il sinLle-fwnilr residential customer art a pis+ sclwLiuieci for garbs e.trash and Garbage.trash and est�,nij waste shall not be plated at curbsi e snore than l elr e yard t[.3;te enlletititrn. Ant ce,llestinns b+ t:I.INIPAN� ' sh.ill in no•.+a} preclude i.l-) hours prior to tlit dal' of pickup. All :0711-nrr� ,hall be placed at the the Collection of etc}:1a1`It!material,by\o I.micer,.roul}s within tit I(lW- foregoin prescri,ca Ikation., not later duan 7:00 .a.rt. on the day of sehedul2d collection,if tt'5 to b, picked tip. b- Co :.lIPANY agrev, drat all vchivics used I,s the C ONWA\Y floc the collection and trans,,,ttatittn 0'solid 1%a;te shall be protected it all times s+hilt in transit [u 0. All garbage, trash and'or yard wastc mired with warty or other liquids shall he prec-ent leakacc and=he hlowing or scattering of refuse onto the public streets of drained beforem:beaplaced into a disposable Barba e or trash comalner. TQlll Or properties adjacent thereto. Irt the e eft, ho+3'ecer- that leakage or rr'use onto TOWN ptihiie streets occur,COMP.A,N' ' shall imrnoe iately remove All recyclable materials shall be placed in eighteen (ln) v_allon containers sLme in a sate manner. If CWA ANY determines that said l .skate or refusc furnished by COMPANY and placed at curbside an the sweet bearing: the cannot be rama+ed in s cafe and eltictent olannzt- COMPANY shall take all customers address Pe aclalsle materials shall not be ill -' at curbside more n3 asures to secure tae crea and immediatci+ contact the T(OWT . Further. such than t+vel ye(i_'}holzrs prior to the day of pickup. Ail containers shall be placed vcnicles shall be clearll. marked with COM AN1"s teleohone number and name at the foregoing prescribed locations riot later than 7:00 a.m.on the day scheduled in Icners and numbers Eut less than foul Ill inches in height. All collection collection,if it's to be picked up. equipment shall be washed and deodorized as necessary. Residential collection vehicles shall he 20 yard front load vehicles or other approved unit by TOM'\. {,. Bulky items shall be placed at the curbside on the street bearing the customer's All v-�tiicies will be operated within design wtight capacity. address no late-,than 7:00 a.m. on the.day of scheduled collection. Bulky items containtn Frena such as refrigerators. freezers, and air conditioners must be 7. COMPANY shall establish mutes and schedules necessary for [he collection of � solid ++-ante as necessar+- to fulfill the regturemems of tiffs .Agreement. l'urthe-. properly iischargeti for collection by COMPANY. Brush must be tied and COMPANYti+ill utiliz:. ,°,ritt ri route hooks for the collection of refuse from all bundled not to exceed 5C1 lbs.in weight and 4 feet in length. residential and commercial customers. TLAXN shall have the right to require alteration of sen-ices to any premises wherein unsightly or unsanitary conditio-ts SECTION 6: It shall be the duty and obligation of COMPANY to perfomi the have resulted from it.adequate containers or an insufficient number of collections, following senioes: and COMPANY shall be compensated by the ovmer or occupant for any such required additional senrives The Town 1+-tanaoer or his ceeignee shall approve all 1. COMPANY shall furnish vehicles, equipment, machinery, tools, labor. and routes and schedules and any changes therein. However, TOWN, shall not landfill site.at its own expense,to adequately.efficiently and properly collect andunreasonably+rithhold said request. TOW reserves flie right to limit or deny dispose of solid waste from premises+vithin the corporate limits of the TOIAN in CO-IM'ANY's vehicles a,,xess to certain streets.alleys,and public ways inside the a systematic_clean_healthful and sanitary manner- TONN where it is in the interest of the general public to do so because of the condition of streets and bridges. 7. C0MP ANI'shall provide curbside secs ice.including garbage_bulky NyZL;te.trash and yard waste to residential customers twice each w-oek. S. COMP \Y shall pmvidc cominercial containers for garbage and trash storage available upon request of the owner or occupant of an+ premises within the 3. COMPANY shall provide each residential unit within TO1'+Tr'c liN__ n� its a_n cnrppr.tt° Iinaits of TOWN. ezc tiding single-famih` anti mo-family- residences. aggronate recveii___n-cernainer.which shall be dedicated solely to the collection 1,4uhifamil} dwelling cornplexes consisting of three. {_i rx more units shall be of Recvclable materials. Such containers shall be delivered to Town Mall by classified as commercial and must be collected as commercial customers. The COMPANY alone with brctehtres explaining haw the container is to be used and commercial containers prati'ided by CONITANY shall be (i equipped with a suitable covers to prevent blowing or scatterttg of refuse+ hiie being transpoRed other information pent eft to the rectclin syrt ice. ' for disposal of their contents.(u)mauatained in gold repair.appearance-and in a 4. COMPANY shall furnish vehicles.equipment, machinery, tools ;and labor at its sanitary condition. atter lulu) ciearh marked x0h Ebe CC1MPANY's name and tele h one num ter to n n't les= than t+o i_'1 inches in hes ht :\n annual ns+n a�pense. to ad�yuatel ei eienti5. and properly e.ttllecl acrd pt'ncass �` reew.lable materials from single-fanuh-premise,t:'tthiri the corporate limits of the rel`accnte:tt nd repair I s h -cfor corrrrerua!containers will be pro+ided to the 7'O moi'in a systematic,clean,healthful and sanitar% manner. fots'n ft-,iia,ct tee+ and appro-5al. Attachment A Ordinance 642 y. CO3\J)1.%N)i'shall lo,alc Lill lacilizies and ckmminers ho as not to interfere will,the I ('(1%l P.NN V :�i n partmuni.zhc`nllL­,vinL-I.%pis of insurance: of eater in ani mutter or drain. ani (, that ib: sane' shall net unduly 'L Wc,rkcgs CI)I I I pc!',ia I ion i I Is 111 ance L:O%eri n-L II errp I o,ee;CTIgzged ina r inwrfeie with ordinary on 01L: ilrcets. Alevs, public ope-alions covered hv Ibis A�xccin�-ni tIewlca b\ Lhx State of Texas public wilily CaSonlentl;arid public tyny s.and al 01,11 the.N shall Tiol Aitiornilbilc no: ;css 11xi S.4()0 000 fo'T in-juries incAuchrp ck)Tnpromj,-,c pujlic . . I �r locmion offacilitic5 and cont miners to be placed avoi&Ual do in III Ail} into lWiZSJII 31111 to the$,late I tilit for each and cons acted by tic COMPANY )vi[bjlj Ille JifjjjJS Of the TuWN shall he pGrsoni not lc�, khar 51,titui.Otitl 011 aCCOLHIt Of 011t� aoriiienl. mrd sul:jem 1.3 the reamquable and prnper regulation. control and direction of the 'IL11"nio-vi1t.proj . damage insuroncc not lcs,ih in SIO0-300 goveming body or of any TOTN official to whom such duties have been or nna% be delegated. b. kjoneral [iabilin- .I()[less than jj_f)();j.;)rjQ Co\Lejjjj�T ejCjj occurs-cmet on account I.)f bodily injure, inciadine, dath_ and not less than 310�3.000 10. COMPANY ;hall provide. 11pon request, rec'vclinp servic�.,� To all customers coN,rinj each o�currevce on account Q-9MZEZC- %vithin the corporate limits of TOWN Runnier, COMPANY will provide the authorized necessary size and nijnmn,,,r of containers for the service at its own expense. C. Such policie,of insurance shall be issued by companies U ori7ed to do in the Swe of Tc%a_q and shall nsime. I 0V N as an 0di-Jonal 11. COMPANY shall make two t2) collections eacil wc;k,4,.ga least tluee.(3) dAys insured. Certificates evidor.cing such insurance contracts shall be -iill TC pe.f6ra ,t*tAWok-h,r"idtntia1 customer aril each commercial rcial customer not ufflizing,or deposited �N ' )\VN prior to COMPAN"'i .iinq its duties and oblipabon in the A�cement. Ali policies must provide that they may rix re, o commercial containers. Hours of shall be from 7:00 a.m.to 7:00 r re, -in_ bc char..-cd or canceled b.% the insurer without providing TOWN at least p.m.for residential customers and commercial customers not utilizing or requiring Fwe(�)days w-itien iiciicc of'such change it-caricettafion Any charge or commercial coritainzrs and from 3:00 a m. to 7:00 p.m. for other COrnMeNial czaacellittion in pc,licic,shall be considered a defaul't of the Agreement by collection servjces. No collections Will'I be made MY unless Sundays. COMPANY shall COPunless th-covera�e's herein are c1n:inuDusiy y main-ained b be exempt from making collections on the following holidays: New Year's Day, C0N1j?,kN"Y. '_Memorial Day. Jule 41h, Labor Day, Thanksgiving Day, and Christmas Day. COMPANY will be required to make collections the day followin,a a holiday for 16 COMPANY shall provide solid waste service_ including the weekly pickup of those customers missed due to the holiday. COMPANY reserves the ric-lil to ree,I clabie materials. to facilities owned arid,Irr operate:] by the 10"A'N at no char d .ing the 1��mi work on any paid holidays as necessary unless the da\ following a holiday is a _pe to the TOWN,including facilities acqulrcc by the TMVIN U- Sunday,in which e%r- C CIMPANY shall make collecti jn5 on the follwAing day. 'N ,rIt of this Agreerrera. Corrtj:an� shall also provide roll-off containers for TOIN 's use at rates to be mutually acrted to bit, in a,') I I] Me \ceed those �Z L _j �,,i , I 'k chs gad ZZ,a tra�7 S 1B 12. COMPANY shall collect all tied and bundled brush and bulky items bi-wee-ly. If ged to all other commercial custoraers. within three(3)%vorkinp days I �.?, _,d, e owner,occupant,or TOWN,COMPANY fails-,(,collect said material. COMPANY will be penalized CDMPA��Y shall promcfe il�; -, ice; in 'Kesilake through cQrrn=i,% education programs. The ,1111'nirnl_1111 requireinen-,.s include: S 100 for each day collection is not made. I. COMPANY will 5--h,2itile and present it�-, .arih Acadenw­ to all elententa_­,. COMPANY shall not be required to collect and dispose of(i)Hazardous W'astes, schools arinualA throughout the term of this agreement. or(ii)refrigerators.freezers.or other appliances or equipment utilizing Freoin not properl,y discharged.generated within the TOWN or otherwise situated within the 2 CUMPANT mi! devel.,>p ante distriaute iu conuricrciol newsletter "Iracking I 0IN-N or other items banned by state or federal regulation to prohibit from Tra,,h­ to all commercial ci-sionterE once .,cr year during tie -.erm ci this disposal in landfills. Provided.,CbNIPANY may elect to dispose of any such (J) agreement, Hazardous'Wastes,or(ii)refrigerators, Freezers-or other appliances or equipment utilizing Freon not property discharged. upon receipt of appropriate and 3 COMPANY +;jil deve;op and distribute brochures describing Its C.o.nmvrcial RI,c:­Hng pro,rc CO',,VANY G01 meet with teach -am- crcial cu_slom , at reasonable compensation iherc.l"orc. least annual!% and-nor-often:fnecessan to full% integrate oxiuIriercial rec"clin,2 14. COMPANYw shall. at its on expense- provide a telephone answerina. service in V esilake. during. all non-overa-fini-, hours. COMPANY slud€ sc-,!Lac an annual listing, in a local telephone direc-or'y Linde,the name by which it conducts business in the Attachment A Ordinance 642 4 COMPANY will chncicy .i Tl J fl.I T-n i�11 :0 1 C)W N' its 4 1111"a 1 rte,. :1,�t Ic' 1)r incimion in ICIV Ni ne%i51Mer, (j)NIVAXY Will be 17CSPOISib!" for an,. refuse. or require the custorncr to Lifilize a cornmercial c -nlaircr Nvith a larger capacil%. 0,)NIPANY,.%dl dcNclop nPenauvani RecYcIi.1L, program in TOWN A-k;win ISil and COMPANY shallbe services. dx�s of zyrrocei. COMPANWand TOWN \%ill meat miib restaurant SECTION W: Should :t dispute arise bet-weer I(A%-\, COMPANY d ol a owners anc4 or rnar,,,wera to outline j pvo�ram, COMPA.N) will be rinponziblo customer as to whether the COMPANY nLtuallv irJlcd it)mai e a collec-Con i i�licihcr ihcf for dcvelol,1mcrt and distribution of tuiv m.ilehak,to prornolo ifie prognuu. COMPANY rais-sed a pickip)ihc dcc��,ion loekn or his iesio-Iff.-e on such SECTION, 8: COMPANY shall pr ovidc TOWN with all rt,,4essary reports tnatteT shall be final and T(AVN and CONITANY shall abide Lry said decision. However- ii is understood and agreed by arl,:l h�M-eeTi TL)W-N':ind COMPANY that if an,,,customer required b� the TON�N foi iii, ace ill inallagina -,oli.1 sc--\ic,:�; in Westlakc. COMPANY will provide.s'[minimum-the follm rp,I e repor-IL,: tails to timely place solid \easTt-- and disposable coulainers out. rrlaituams improper Or inadequate containers for the niltUral volume. or veigltr of solid Nvaqie to be removed 1. Solid 'Waste Report - ai 1"si quarier!t. COMPAN'Y will provide 1-011- said from line', CUVIPA-N) IMA refrain from LoHectinii all or it portion of such report, which at naminnun inc!udes she number of load.s. tot-al %'ards- wnJ 10T31 solid wasie-and shall notifl� I 0'\VN (1, the reason tor such non-collection. CUMPANY tonnag-,of ncri-recyclable materials dcposhcd by landfill. shall also provide notice lLi ihe customer of the rCaS011 for Such tarn collection (Unless such non-collection is The result of the customer's failUrc. to lintel)place the solid waste 2. Cormn.rcial Recycling Repon - at least quarterk, CUMPANNY will provide out f'or collectioni. CONIPANY's notice to the customer shall be in writing. attached tc, TO�kN said report, ,.which at minimum includes the number of corornercia' the front door of the residence or commercial business, and shall indicate the nature of customers by T.ype.number of participants by type,participation rate.tonnage of the violation and the currcction required in order that such solid waste rnav then be materials M,material. collected at the next regular collection dXC, When TOWN is notified by a customer that solid xagc or brush has not been removed front his premise-,on the scheduled collection 3. Residential Recycling Report - at Ims', quarterly. COMPANY ivill protide day and where no notice of non-colt!ct-'on nor a change in the collection -schedule has TCAN- said report, v.Nch at minimurn includes the number of residential been received from COMPANY.TOWN shall investigate_ If the investigation discloses customers, number of participants. participation rate, tonnage of materials by that COMPANY has, failed to collect solid waste from the subject premises without material. cause, COMPANY shall collect same within twerz-four (24) hours after a collection order is issued b- W 'v TON. If C-OMP.kNY fails to do so, the TOWN will impose and 4. Annual T-",'RCC Solid 1,Vaste Reports- COMPANY will complete all necessan collect a penalty of S100 fir each 24-hour period or portion thereof collection is not solid%vawie reports on behalf of TOIP\for submittal to TIRCC. made- TOIA,"N will receive all monthly repasts on or before the kith of the month following thu SECTION 11: RATES AND CHARGES reporting Period. Annual TNRCC report,;will be received by TOW.K at leas( 30 days prior to due date for TOWN rev icer and approval. The TOWN ma-,,at its sole discretion. I Ali residential and commercial rates will be established annually by ordinance require other report's il beliov:e-;is necessary for the management of solid chaste services in Vt estlakc. prior to October 1. SECTION' 9: CO'\IP--VN- Y will not be rcquired to clean up or collect loose 2. Base Rate. Escalation: COMPANY shall maintain such residential and each anniversary residential solid waste not created by its operation, but shall report the location of such. commercial rates t-The"Base Rates")until October 1. 2003. On e� b thereafter. (the "Rate IN-Iodification Date")the Base Rates shall be increased by a conditions to TOWN so that proper notice can be given to the oCCUpant of the residence n combination of 6)the percentage increase in the CPI for the most recent t-welve to properly contain such solid v.aste. Spillage or excess solid ?rt the, location OF con-irnerec[al containers mm-he picked up by (-OMPANY after the eciurnerci2-1 ,tt met - {.121 Month period i'April - March Southwest Statistical Summan') unmediatel,, reloads the commercial container. C0M?A Y �h:jll dion he entitled to.and shalt receive preceding the Rate Mod:fication Date and (ii) anti increases in disposal cost'. an e.xtrs 1:011CCTl0n charge fOr :;Tach t+,,kdcA c,-joxn-i reqalruig an L�xlrzi collection COMPANY shall submit to TC NAN in wyiiii[L,i,�adjustment to the Base Rate and Should such cominci-cial splllaLle C0nli:1LX 10 OCC-11- I Mshall require the commercial the supportini,data for same on or before Jul, ; of each year,beginning on July 1. customer and COMPANY to increase the frequetvce of collection of such CWWMeT's 201)',. The base rate shall be d:6dozi into OpOratICILs and disposal. Operations equals 701,ii of the base rare Disposal equals 30',�L,of base rate. Operations"vill be ad.iuqcd b% the CPI ior the most recent twe'%d (12.) month period. i.April I - Attachment A Ordinance 642 such Franchise Fee be payable in meriLlik Pitt ojlejj[s on 01 beti?rC the I March ',Vy Disposal %%ill be adJUSled b.% the meraLe increase in disposal cost its o,,r% after the mono:in s-p.i,:c reprtsewed in Appcndix B SL CTION 1-1: Nom likianding,am other p-v%i :;or;hocin'this ordinance may he J%,,,,,;, 11C\'7i -NCO, h in\ tenrls. t tennillaied by the 'fO\\ for fiHilUTe of the CO, PANY to comply with conditions or provisions of this Ordinance in accordance with the following procedures: base nate X"Q la I It the TOWN delerolirle-that the C'(-)\.IP.kNY has breached ur violated any of the Where L)is Oporilti0n;and D is Di poral Inalerial provisions ol this Ordinance--it shall noiifA [lie COMPANY in writing of the applicable Proviio.111-) of tjjj,; Urdinan - of the circ unmance, alle�zed To X Cpl. "NO constitute the bread; o, %ioln6nn thereof arij tile action requested (if the D X Disposa'Cusi IND COMPANY To corrccl S-101 alleLcd bicach or violation, and the lizue �Nilhijt which anv such acr�o;i shall be taken. The COMPANY shall respond in \v-riling Where NO is Nevs Operations and\D is Ness Disposal vvithin fifteen t 15 1 das s of receipt eJ'such NkTitien notice nodf%ing the TO\VN of the measure.-,. it: r' a �. it isiaLintg to rerripcIv the complaint and I the time within _No—NU New Base Rate which such measures are anticipated to be completed or vNith a written Statement of the reasons the COMPANY feels that riobreach Or Violation has occurred. Any other cost increases including state, federal and local tees, taxes or other additional disposal regulatoncharges imposed on disp,,sjl since the last rare 11, upon receiving a written response, he IDW\ continues t L believe that such modification, and arty c-,,nenditures required of CONVANY safely because of breach or violation has occurred or ; dissatisfied with the response or remedies Coderat, state or local law, rule, regulation. ordinance, order. permit or permit proposed by the COMPANY, it shall call a public meeting,of the Toxvn Council condition becoming effective since the Iasi rate modification teas-be considered LO consider such issues. The COMP.l\Y shall be given at least ten kl()i days by TOWN on a case-by-case basis. If COMPANY makes a request for increase wrrinen notice of such meeting and issues which the Town Council is it)consider. above the amount catrulated above, COMPANY must provide sufficient data -n Council shall consider the issues and hear any person interested in the including, but riot limited to iaditcd financial statements. Even' adjustment:0 The ToNs COMPANY charges or compensation established herein will be cumulative and matter,and the Towii Council shall determine in its discretion whether or not any in addition to eery other adjustment conferred herein. breach or violation by the COMPANY has occurred. 3. Altemative Pale Escalation: TONNTN may,at its discretion, implement full cost 4. If the Town Council shall deterrninc the violation by the COMPANY was the accounting for the annual establishment of solid waste rate. COMPANY agrees fault of the COMPANY and within its control,the Council may order compliance to provide all necessary information to prepare such reports, however, TONV-N within such reasonable pi:riod as the Council may determine, but no less than shall sive COMPANY at least 90 days to complete such research. fifteen(15)&vs. 4. Customer Biliina: TO'%kN shall bill all residential customers served In, z4. If the COMP.A.\7Y faits io remedy the breach or violation as determined b%, the COMPANY- C0',\,j?A'jN)" shall bill all commercial and industrial scn-cd by Town Council to be a material breach or violation of this Ordinance or if the CONIPANY_ CO.,MPANY faik to acknowiedge by responding in writing that a breach or violation has occurred v.iIhin the time periods determined in the section- then 5. Payment to COMPANY: TOWN shall pay to COMPANY on or before the IS"' cit er parry mav seek a declaratory judgment in a District Court in Tarrant day'of each rnonth the wrvico charges for residential sen-ices rendered during the Count,.,Texas to derennine if such breach or violation has occurred and whether preceding month. TOWN shall collect and remit to the appropriate agency of the such breach or violatkin is sufficipm Cause for termination of this Ordinance. State of Texas all appropriate-sales taxes. t D�%,N shall withhold an amount equal to twelve percent(12%)of gross billing as a franchise fm 6 The COMPAN'Y shall not be excused from compkinf,with any of the terms and conditjon_,of this Ordinance or am failure of the TOWN upon any one or more yrnel I;-to TO COMPANY shall pay to TOWN as a franchise fee an occasions to insist upon or ire seek compliance With 3111 SUCh te]_17ns Or conditions.conditions.PaV iNi amount equal to twelve percent tl2l/o) of the gross revenues received by CUMP,&NY for its commercial services provided within the TOWN during the immediately preceding Tivelve 02)month period,ending March 30 of each year. Attachment A Ordinance 642 -CTION I): For the pwi,ose of this Onlinancu.notice to the TOWN will be w: SF('UQN 1 'Venuc ft,ir anY pr()CeedtngzN LHI&F this Or6inancc shall be in Town -1 arrant 01-1111) Toivn of it est lake j'rCte,ft7J)7 C111:111 , '_CC plON IS! k1l o*t,r .IJJL4 fjjjd slants o1'ordinances and , a westiakt. rexa' i,()Tlllicl with J!C;1[.­'-i'P T�of ill;c'61d!nj;wc arc hc!vhY rcf-'-'al-d. Notice to the COMPANY m ill'tv SECTION 19, That rivtli «,cin CLIIIL)ined shall be construed its Zi'Jno it,the General Manager COMPA's V c.Nchisivc rights ur­Li lit (_i Trinity)Xaste Sen iees 6 10(.)Ellint Reedcr Road SECTION 20: the C(L is -ridition of the grant of the rights and Fort X1'orjjj.'J'ea,?[]17 pri%;k-e�hereunder. and in thore,)f. hall '-ndcrnnit'` and hold the TOWW; its elected officials, officers- ernploveeS, ILIMIS, ter representatives harmless again.51 all Notice will be effective upon delivery it the above addre-sse, until the TOIA-N or claims for dwmapy'es to Persons or prop.,nY by reaslns of the operation of die CC_MP.kN)' COMPANY notifies the other.in uniting,of a change in the address. and conduct of its ousinc!ss.or in 2m Lto% growing out of the granting of this Ordinance. directly, ,-.it in directly,including am court co;iq. anvrtr�n's tees,expenses,and defenses SECTION 14: ASS[GNMENTOF ORDINANCE thereof;when such injury- shail been caused by' the* Willful- Wrongful or negligent act. ormssion, or misconduct. of the COMPANY or any of its offlcers, agents or 1. The COMPANY shall be a legal entity wirh legal capacity to operate and emplo)ees, or by aur' person -,,r N+kSe negligent act or omission or misconduct rhe maintain a local solid waste company in the Tovri of Westlake co-NIPANY is by law re5poaMN:- This i-adtmaiily shall orill'apply to the extent that the loss. damage or injury results frim the ueahzertrC or V%TCnSful act: or omission of the 2. This Ordinance and any nights or privileges hereunder, shall not be assignable to COMPANY,its officers,agents,or empIcn-ecs,and does not apply to the exleal such loss, any other pan} without the express consent of the'Westlake Tow-ii Council. Such damage or injury is attributabIe to the negligence or NvronefW act or omission of the consent To be given by arraordinance of the I wvri Council,which ordinance shall TOWN. or the TO N's elected officials,officers, employees, agents,or representatives fully contain the terms and conditions,if any.upon which such consent is given or entity. This provision is not intended to create a cause of action or liability for the further provided that such consent by the Town Couricrii will not he unreasonably benefit of third parties but is solely for the benefit of the COMPANY and the TOVN, v6thlield.Any assignee must aerce in vwiung to all tc=5 and conditions in the Agreement prior to any consent lc assignment being given by TOWN. SECTION 21: Notwithstanding anytItitigy contained in this Ordinance to the S>CTIO\ 15: All of the regulations provided in this Ordinance are hereby contrary, in the event that (aj this Ordinance or any part hereof. (b) any procedure declared to be for a public purpose and the healtli, s;afe1Y and welfare of the general provided in this Ordinance, or W any compensation due the TOWN under this public. Any intniber of the governin de 1, administrative 01 body or official Or eMPIGVee charged with Ordinance, becomes. or is declared or detern-Lincd b� a judicial, the enforcement of this Ordinance, acting fiv the'I'MVIN in the discharge of His duties- legislative authority exercisiagl its jurisdiction to be excessive, un recoverable, shall not thereby' render himself personally liable: and lie is hereb3 relieved [nom all unenforceable vc id. unlamfal or offienvist inapplicable. in whole. or in pat-t, the Personal liability for any damage that might accrue to persons or proper'.%,as a result of remainder of the ordinance shall be ftil1v enforceable. any act required or permitted in the discharge of his said duties. Neither the TOWN nor the COMPANY. by accepting. z,'rki, Ordinance, waives its rig-hi to seek- all appropriate SFCTION 2'_: It is herebv officially found and determined that the tweeting at I which this Ordinance is passed is open to ii legal and equitable tetneiies a� allowed. by law upon violation of the terms of this ic public as required by law and that public Ordinance. notice of the finne.place and purpose of said incering was given as required. SEC7rf()N 16: Thiz Ordinance shall be construed under and in accordance with SECTION-'.' This Ordinance goveming street use stay"be arnended at anv time the laws of The S-'�i�-of_T­..' by the mutual agrecintrit of the ]OWN and the COMPAN lr It is understood that the 60NIPAINY is currently in the process cif negotiating similar ordinances with other cities throughout the state. It is understood and agreed that if an ordinance goveming,street use with,annihL!r iovn or eit,, in this siaic contains a provision. which the TO'WN feels,tivcvuld ',c inore,ad%antaotouss to it Ina-ri the terms hertot,the T(AVIN ma, rcquire that portion of thi,,0.rchnaitcc be rcopenet for neeonation. The inicril W the pariie., is that the TO\�Tl w:11 be t'mitled only to treatrrttnt comparable to that which was afforded under the Attachment A Ordinance 642 ordinancc Ntiih the other Gown o[cii% L,.ivinL due consi&rauon to the contextual mcaiiii)v TRINITY WASTE SERVICES of 01t Provision on which rentpoiiatioll is Somhi '111d the offm of 1110 proposed 111SED CITY ItATES ameridniew(+n the nicartim,o0ic nidinAncu as FRAN ._(' SECTION Q TOWN OF IVESTLAKL '4: That the shall have thjrt% ('�(I I da from and 2fTez The passage and approval ofthil 0!-Jinance to Clic its written thereof'with the COMMERCIAL FRONT-LOAD W-tTES Town Secrotar'v.and after soch al-�cpullice is filed,this 0'dinancL° IaLe effect and be M kUS PF'R u FEK in force frontuiid after Octob,!­1._0111 stag1 X .3 1 4N 'v (I v EX-TJ?A 1, 1-." 141 is S11 SECTION 25: Zither pan y tmi� wriniiiaic Nviffi or wiihOL11 76 with 00 11%S PriOr"YOILTI _4YD 111:. 21 3—66 PASED AND APP UIVI-D BY THF TOWN OF WESTLAKE,TEXAS on this Y 4-3.1s, 's; 26'M day of NOVENIBEI2.2m;J COM VEIRCIAT.ROLLOFF RATES TYPE DEL!!ERY REVIAL imu Dfspasu rorAL DEPOSITsco it Bradre, 11R DA I' PER LD PER 1.D PFR LD PER GON I )Ti (-)PFN 'sX, 7 X.."D YD OPEN 7 1,� 7�' YD OPEN 3,Y, 1�11 76 2X.CCj 7 Trem 0._NMP.J��-;K—Manager 0111"F T. I X. :S 2':ol Ci u To ... i 'R YD UX%1P N F G 0 , - I I' 21-.2 5 5M�1 NEUD _._i S �-G YD CO)XI NEGO ',I-GO 'I-'-S S 7 3._7a N�Go YD I CONO' -78.2-- NF.G0 OP NECH-) Ni�00 Ili 2x 4 NLEU ' A P P R OVJ56 M A S T';'��ID RM: 114 14 S NE60 FR.A-N[:7ISF FEE PERC1717A6E 12 UT."i 6x v 3n L T :17P05AL RATE.PERYArD FR.�NCHISE FFE MAPYUP I OTAL COST PEk YARD i6 2i ACCEPTED: COMMERCIAL HANDLOAD 2 TIMES PER WEEK 4 316.49 PER NION711 iLi.dt 4 bap) CASTERS: $19,.46 'Nm%Tji Locks: S-LQLI TIZINITYIVASTE SERVICE PE4IDE7111AI.CIrRHSIDF A170 REnCLINC: s 110 MONTH TITLE RESIDEITIAL CURDSME NVAIZUNCLlNG; Sd' ^MN F)ATF OF ACCFPTANCF: Ll I LCTT%'L DATE; liu),21KII CIT)ILAI.LPHO.NE#: 817,4 I-Z4U Attachment A Ordinance 642 B !,',e;iden= il cAlcublion %P11,10"14 Exampic ('ojjjjjj,,,r. ..I!hate Adjusinimi talculation Excjapic Rc&dvnt.al or L onin,Lrcml Lbse Rate CPI Ac, ju3titierit'o (TI-\d;uuueni Disposal ALIJnstmeni I CPI 0ro Charge 3_110y CPl C1ange i.F,,nrrple;+ Disros-ul'-n Change(Exzrrv?l % Out OperatiiiLs Disposal Tolai O'd Rue Operaikn5 Diqposat 311tal OILI Rate Base Rate 55,60 $2.40 $8.00 Baso Rate $=Q.10 Adjustment 3.0% A3i u=e it S S0.14 SO.31 Adjuslall-:11 $I}.911 -7 51.67 S 13.67 New Base PAT-- S5.7New Bas�Rzae Disposal Rates;or Selected Landfills Disposal Rates for Selected Landfills Compacted Gatc Rates CojnpaCTCc Cale Rates Oct 997 DC1 11 1.998 %-"'hange Oct 1,1991, Oct 1. 199' Change Wa.-,:e Mariaizentent 55 65 6.60% Wasic Mana.cenicnt 55.30 6.60% V.,aste Manacuenaent Westsidc 55.211 S5)1, Waste Managment WesISAC $-"..2j 6.?3 1% C:-cc" S5.00 55.20 Turkey Creek- 55.br7 S5.2C� 4.00% S 00 7.5 7.53° Camelot $4.65 Carnel3l 54.65 S5.00 BFI Itasca Gardens B1=1 Itasca Gardens55 fl9 Total526.att 7i9 6T,� Total 525A 525.L9 Attachment A Ordinance 642