Loading...
Ord 649 Amending Ordinance 408 for Solid Waste and Recycling services with Republic Allied Waste ServicesTOWN OF WESTLAKE ORDINANCE NO. 649 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING ORDINANCE NO. 408 WHICH GRANTED A FRANCHISE FOR TRASH PICK UP AND RECYCLING SERVICES TO TRINITY WASTE SERVICES; SECTION 6, WHICH PROVIDES FOR DUTIES AND OBLIGATIONS OF THE COMPANY; SECTION 7, WHICH PROVIDES FOR COMMUNITY EDUCATION PROGRAMS; 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 THE FRANCHISE EXCEPT WHERE MODIFIED BY THESE AMENDMENTS; RATIFYING ALL SECTIONS OF THE ORDINANCE THAT ARE NOT AMENDED OR AFFECTED BY THE TRANSFER; 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 extend the franchise for trash services with certain amendments; WHEREAS, The Town Council of the Town of Westlake finds that the amendments set forth to the franchise are in the best interests of the Town 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 Section 6 of Ordinance 408 of the Town of Westlake is amended to read as follows: SECTION 6: It shall be the duty and obligation of COMPANY to perform the following services: 1. COMPANY shall furnish vehicles, equipment, machinery, tools, labor, and landfill site, at its own expense, to adequately, efficiently and properly collect and dispose of solid waste from premises within the corporate limits of the TOWN in a systemic, clean, healthful and sanitary manner. 2. COMPANY shall provide curbside service, including garbage, bulky waste, trash, and yard waste to residential customers once a week. 3. COMPANY shall provide each residential unit within TOWN'S limits an appropriate recycling container, which shall be dedicated solely to the collection of Recyclable Ordinance 649 Page 1 of 7 Materials. Such containers shall be delivered to residents by COMPANY along with brochures explaining how the container is to be used and other information pertinent to the recycling service. COMPANY shall provide additional recycling containers to residents a on reguest at not additional charge. 4. COMPANY shall furnish vehicles, equipment, machinery, tools and labor at its own expense, to adequately, efficiently and properly collect and process recyclable materials from single -family premises within the corporate limits of the TOWN in a systematic, clean, healthful and sanitary manner. 5. COMPANY shall make one (1) collection for recyclable materials every week for each single -family residential customer on a day scheduled for garbage, trash and yard waste collection. Any collections by COMPANY shall in no way preclude the collection of recyclable materials by volunteer groups within the TOWN. 6. COMPANY agrees that all vehicles used by the COMPANY for the collection and transportation of solid waste shall be protected at all times while in transit to prevent leakage and the blowing or scattering of refuse onto the public streets of TOWN or properties adjacent thereto. In the event, however, that leakage or refuse onto TOWN public streets occur, COMPANY shall immediately remove same in a safe manner. If COMPANY determines that said leakage or refuse cannot be removed in a safe and efficient manner, COMPANY shall take all measures to secure the area and immediately contact the TOWN. Further, such vehicles shall be clearly marked with COMPANY's telephone number and name in letters and numbers not less than four (4) inches in height. All collection equipment shall be washed and deodorized as necessary. Residential collection vehicles shall be 20 yard front load vehicles or other approved unit by TOWN. All vehicles will be operated within design weight capacity. 7. COMPANY shall establish routes and schedules necessary for the collection of solid waste as necessary to fulfill the requirements of this Agreement. Further, COMPANY will utilize written route books for the collection of refuse from all residential and commercial customers. TOWN shall have the right to require alteration of services to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and COMPANY shall be compensated by the owner or occupant for any such required additional services. The Town Manager or designee shall approve all routes and schedules and any changes therein. However, TOWN shall not unreasonably withhold said request. TOWN reserves the right to limit or deny COMPANY's vehicles access to certain streets, alleys, and public ways inside the TOWN where it is in the interest of the general public to do so because of the condition of streets and bridges. 8. COMPANY shall provide commercial containers for garbage and trash storage available upon request of the owner or occupancy of any premises within the corporate limits of TOWN, excluding single -family and two-family residences. Multi-family dwelling complexes consisting of three (3) or more units shall be classified as commercial and must be collected as commercial customers. The commercial containers provided by COMPANY shall be (i) equipped with suitable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents, (ii) clearly marked with the COMPANY's name and telephone number in letter not less than two (2) inches in height. An annual replacement and repair schedule for commercial containers will be provided to the TOWN for its review and approval. Ordinance 649 Page 2 of 7 9. Company shall locate all facilities and containers so as not to interfere with the flow of water in any gutter or drain, and so that the same shall not unduly interfere with ordinary travel on the streets, alleys, highways, public thoroughfares, public utility easements and public ways, and so that they shall not compromise public safety . The location of facilities and containers to be placed and constructed by the COMPANY within the limits of the TOWN shall be subject to the reasonable and proper regulation, control and direction of the governing body or of any TOWN official to whom such duties have been delegated. 10. COMPANY shall provide, upon request, recycling services to all customers within the corporate limits of TOWN. Further COMPANY will provide the necessary size and number of containers for the service at its own expense. 11. COMPANY shall make one (1) collection each week for each residential customer and each commercial customer not utilizing or requiring commercial containers. Hours of service shall be from 7:00 a.m. to 7:00 p.m. for residential customers and commercial customers not utilizing commercial containers and from 3:00 a.m. to 7:00 p.m. for other commercial collections services. No collections will be made on Sundays. COMPANY shall be exempt from making collections on the following holidays: New Year's Day, Memorial Day, July 41h, Labor Day, Thanksgiving Day, and Christmas Day. Company will be required to make collections the day following a holiday for those customers missed due to the holiday. COMPANY reserves the right to work on any paid holidays as necessary unless the day following a holiday is a Sunday, in which event COMPANY shall make collections on the following day. 12. COMPANY shall collect all tied and bundled brush and bulky items bi-weekly. If within three (3) working days of notification, whether by the owner, occupant, or TOWN, COMPANY fails to collect said material, COMPANY will be penalized $100 for each day collection is not made. 13. COMPANY shall not be required to collect and dispose of (i) Hazardous Wastes, or (ii) refrigerators, freezers, or other appliances or equipment utilizing Freon not properly discharged, generated with the TOWN or otherwise situated within the TOWN or other items banned by state or federal regulation to prohibit from disposal in landfills. Provided, COMPANY may elect to dispose of any such (i) Hazardous Wastes, or (ii) refrigerators, freezers, or other appliances or equipment utilizing Freon not properly discharged, upon receipt of appropriate and reasonable compensation therefore. 14. COMPANY shall, at its own expense, provide a telephone answering service during all non-operating hours. COMPANY shall secure an annual listing in a local telephone directory under the name by which it conducts business in the community. 15. COMPANY shall carry, at a minimum, the following types of insurance: (a) Worker's Compensation insurance covering all employees engaged in any operations covered by this Agreement as required by the State of Texas Automobile Liability — not less than $500,000 for injuries including accidental death to any one person and (subject to the same limit for each person) not less than $1,000,000 on account of one accident, and automobile property damage insurance not less than $100,000. (b) General Liability not less than $1,000,000 covering each occurrence on account of bodily injury, including death, and not less than $100,000 covering each occurrence on account of property damage. Ordinance $49 Page 3 of 7 (c) Such policies of insurance shall be issued by companies authorized to do business in the State of Texas and shall name TOWN as an additional named insured. Certificates evidencing such insurance contracts shall be deposited with TOWN prior to Company performing its duties and obligation in the Agreement. All policies must provide that they may not be changed or canceled by the insurer without providing TOWN at least five (5) days written notice of such change or cancellation. Any change or cancellation in policies shall be considered a default of the Agreement by COMPANY unless the coverages herein are continuously maintained by COMPANY. 16. COMPANY shall provide solid waste service, including the weekly pickup of recyclable materials, to facilities owned and/or operated by the TOWN at no charge to the TOWN, including facilities acquired by the TOWN during the term of this Agreement. COMPANY shall also provide roll -off containers for TOWN's use at rates to be mutually agreed t, but, in no case, shall rate exceed those charged to all other commercial customers. SECTION 3: That Section 7 of Ordinance 408 of the Town of Westlake is amended to read as follows: SECTION 7. COMPANY shall promote its service in Westlake through community education programs. The minimum requirements include: 1. COMPANY will schedule and present a program. to Westlake Academy annually throughout the term of this Agreement. 2. COMPANY will develop and distribute a commercial newsletter to all commercial customers once per year during the term of this Agreement. Upon agreement with a commercial customer, the newsletter may be delivered to the customer electronically. 3. COMPANY will develop and distribute brochures describing its Commercial Recycling program. COMPANY will meet with each commercial customer at least annually and more often if necessary to fully integrate commercial recycling in Westlake. 4. COMPANY will develop and furnish to TOWN its annual newsletter for inclusion in TOWN newsletter. COMPANY will be responsible for any additional cost, if any, in distributing its newsletter. 5. COMPANY will develop a Restaurant Recycling program in TOWN within 180 days of approved Agreement. COMPANY and TOWN will meet with restaurant owners and/ or manager to outline a program. COMPANY will be responsible for development and distribution of any material to promote the program. 6. COMPANY will schedule and present a program to all residents annually throughout the term of this Agreement. Such program may, at the direction of TOWN staff be in conjunction with a Town Council meeting. 7. COMPANY will develop and distribute a commercial newsletter to all commercial customers once per year during the term of this Agreement. Upon agreement with a commercial customer, the newsletter may be delivered to the customer electronically_. Ordinance 649 Page 4 of 7 SECTION 4: That Section 11 of Ordinance 408 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") until September 30, 2012. On each anniversary thereafter, (the "Rate Modification Date") the Base Rates shall be increased by a combination of (i) the percentage increase in the CPI for the most recent twelve (12) month period (April — March Southwest Statistical Summary) immediately preceding the Rate Modification Date and (ii) any increases in disposal costs. COMPANY shall submit to TOWN in writing its adjustment to the Base Rate and the supporting data for same on or before July 1 of each year, beginning on July 1, 2012. The base rate shall be divided into operations and disposal. Operations equals 70% of the base rate. Disposal equals 30% of the base rate. Operations will be adjusted by the CPI for the most recent twelve (12) month period (April 1 — March 30). Disposal will be adjusted by the average in disposal costs as represented in Appendix B, with adjustments for current rates. base rate x 70 = O base rate x 30 = D Where O is Operations and D is Disposal O x CPI = NO D x Disposal Cost = ND Where NO is New Operations and ND is New Disposal NO + ND = New Base Rate Any other cost increases including state, federal and local fees, taxes or other additional disposal regulatory charges imposed on disposal since the last rate modification, and any expenditures required of COMPANY solely because of federal, state or local law, rule, regulation, ordinance, order, permit or permit condition becoming effective since the last rate modification may be considered by 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. Ordinance 649 Page 5 of 7 3. Alternative Rate Escalation: TOWN may, at its discretion, implement full cost accounting for the annual establishment of solid waste rate. COMPANY agrees to provide all necessary information to prepare such reports, however, TOWN shall give COMPANY at least 90 days to complete such research. 4. Customer Billing: TOWN shall bill all residential customers served by COMPANY. COMPANY shall bill all commercial and industrial customers served by COMPANY. 5. Payment to OCMPNAY: TOWN shall pay to COMPANY on or before the 15`x' day of each month the service charges for residential services rendered during the preceding month. TOWN shall collect and remit to the appropriate agency of the State of Texas all appropriate sales taxes. TOWN shall withhold an amount equal to twelve percent (12%) of gross billing as a franchise fee. AU payments made by a resident directly to the COMPANY shall be subject to the franchise fee and COMPANY shall remit same to TOWN. 6. Payment to TOWN: COMPANY shall pay to TOWN as a franchise fee an amount equal to twelve percent (12%) of the gross revenues by COMPANY for its commercial services provided within the TOWN during the immediately preceding twelve (12) month period, ending March 30 of each year. Such Franchise Fee shall be payable in monthly payments on or before the 15th day after the month at service. SECTION 5: That Section 12 relating to termination of agreement shall be repealed as inconsistent with Section 25. Section 25 shall remain effective. SECTION 6: That the Agreement is amended by providing for a five year extension as allowed by Section 3. The term of the extension shall be from date of signing to December 31, 2015, and may be extended by the parties as provided for in Section 3. SECTION 7: That the Agreement is amended by changing the reference to "Texas Natural Resources Conservation Commission" to "Texas Commission on Environmental Quality or successor agency" and "TRNCC" to "TCEQ." SECTION S: Severability. This Ordinance and every provision hereof, shall be considered severable, and the invalidity or unconstitutionality of any section, clause, provision, or portion of this Ordinance shall not affect the validity or constitutionality of any other portion of this Ordinance. If any term or provision of this Ordinance is held to be illegal, invalid or unenforceable, the legality, validity or unenforceability of the remaining terms or provisions of this Ordinance shall not be affected thereby. SECTION 9: 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. Ordinance 649 Page 6 of 7 SECTION 10: Effective Date. This Franchise shall be effective on December 13, 2010, if Company has filed its acceptance as provided by the Section 5 titled "Acceptance of Terms of Franchise" herein. PASSED AND APPROVED BY THE TOWN OF WESTLAKE, TEXAS ON THIS 13TH DAY OF DECEMBER, 2010 w�sT•`�' ATTEST: TEX-N Town Secretary L. -Stanton LokTottorney Laura Wheat, Mayor Thoma -f,. ymer, Town Manager HAWest Lakelwl-aanchiseslwl-franchises-trash services -franchise amendment and transfer.dec Ordinance 649 Page 7 of 7