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Ord 917 Providing Allied (Rebublic) Waste with a 5-year extension, and amending Ord. 756 and Ord. 858TOWN OF WESTLAKE ORDINANCE NO. 917 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING ORDINANCE 756 PROVIDING A FIVE (5) YEAR EXTENSION OF THE FRANCHISE AND A BASE RATE ESCALATION FACTOR IN ACCORDANCE WITH THE ORIGINAL TERMS OF ORDINANCE 408; AMENDING ORDINANCE 858 BY REPEALING APPENDIX "A", ALLIED WASTE FRANCHISED TOWN RATES, DATED JULY 1, 2018 AND REPLACING WITH APPENDIX "A", ALLIED WASTE FRANCHISED TOWN RATES, DATED JANUARY 1, 2021; 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 IS OPEN 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, 2001, 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 consented to the assignment of Trinity Waste Services contract for solid waste and recycling services to Allied Waste; and WHEREAS, On December 2015 the Town Council of the Town of Westlake adopted Ordinance 756 that provided a rate increase and a five-year (5) extension to Allied Waste for solid waste and recycling services; and WHEREAS, On July 1, 2018 the Town Council of the Town of Westlake adopted Ordinance 858 that provided a rate increase 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; and 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; and Ordinance 917 Page 1 of 3 WHEREAS, The Town Council of the Town of Westlake finds that the rate amendment set forth to the Ordinance is 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 l: That all 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 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: That Ordinance 917 shall be a five-year contract extension with Allied Waste and will expire on December 31, 2025. SECTION 4: This five-year (5) extension includes a green waste pilot program and education resources for all stakeholders, attached as Exhibit "B"; and SECTION 5: That Section 11 of Ordinance 408 of the Town of Westlake is hereby amended to read as follows: SECTION 6: RATES AND CHARGES 1. All residential and commercial rates will be established annually by ordinance prior to October 1. 2. Base Rate Escalation: All residential and commercial rates are subject to a 3.5% increase each year based on Town Council approval, which shall not be unreasonably withheld. 3. Alternative Rate Escalation: The Town of Westlake may, at its discretion, implement full cost accounting for the annual establishment of solid waste rate. Allied Waste agrees to provide all necessary information to prepare such reports, however, the Town of Westlake shall give Allied Waste at least 90 days to complete such research. 4. Customer Billing: The Town of Westlake shall bill all residential customers served by Allied Waste. Allied Waste shall bill all commercial and industrial customers served by Allied Waste. 5. Payment to Allied Waste: The Town of Westlake shall pay to Allied Waste on or before the 15th day of each month the service charges for residential services rendered during the preceding month. The Town of Westlake shall collect and remit to the appropriate agency of the State of Texas all appropriate sales taxes. The Town of Westlake shall withhold an amount equal to twelve percent (12%) of gross billing as a franchise fee. Any payments made by a resident Ordinance 917 Page 2of3 directly to Allied Waste shall be subject to the franchise fee, and Allied Waste shall remit same to the Town of Westlake. 6. Payment to the Town of Westlake: Allied Waste shall pay to the Town of Westlake as a franchise fee an amount equal to twelve percent (12%) of the gross revenues by Allied Waste for its commercial services provided within the Town of Westlake during the immediately preceding twelve (12) month period, ending March 30 of each year. Such franchise fees shall be payable in monthly payments on or before the 15th day after the month at service. SECTION 7: That Ordinance 858 is hereby amended by repealing Appendix "A", Allied Waste Franchised City Rates, dated July 1, 2018 and replaced by Exhibit "A", Allied Waste Franchised Town Rates, effective January 1, 2021. SECTION 8: 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 9: This ordinance shall take effect on January 1, 2021. PASSED AND APPROVED ON THIS 26"' DAY OF OCTOBER 2020. ATTEST: f"ll 444 T dd Wood, Town Secretary APPROVED AS TO FORM: I I L C— L. Stanton Lowry, Town Attorney Laura Wheat, Mayor &" !�C K7j� Amanda DeGan, Town Manager Ordinance 917 Page 3 oi'3 ORDINANCE 917 EXHIBIT "A" ALLIED WASTE SERVICES TOWN OF WESTLAKE Franchised City Rates COMMERCIAL FRONT -LOAD RATES PICKUPS PFR WEEK Size 1 X 2 X 3 X 4 X 5 X 6 X Extra pickup 2-Yd 58.37 91.46 124.54 157.63 190.69 223.79 25.30 3-Yd 71.99 120.64 169.31 217.94 266.58 315.23 26.77 4-Yd 87.58 145.96 204.32 262.69 321.09 379.46 28.25 6-Yd 102.95 194.77 272.43 350.26 428.11 505.94 29.19 8-Yd 151.25 249.08 346.37 443.66 540.97 638.27 30.67 COMMERCIAL ROLLOFF RATES Size Type Delivery Rental per day Rental per month Haul per load Disposal per load Total per load Deposit per container 20-YD Open 78.35 3.36 102.14 153.51 167.90 321.41 223.56 30-Yd Open 78.35 3.36 102.14 153.51 251.85 405.36 223.56 40-Yd Open 78.35 3.36 102.14 153.51 335.81 489.31 223.56 28-Yd Comp Ne o Ne o Ne o 153.51 299.00 452.51 Ne o 30-Yd Comp Necio Ne o Ne o 153.51 320.36 473.87 Ne o 35-Yd Comp Ne o Ne o Ne o 153.51 373.75 527.26 Ne o 40-Yd CompNe o Ne o Ne o 153.51 427.14 580.65 Ne o 42-Yd I Comp Ne o I Ne o I Ne o 1 153.51 1 448.50 602.01 Ne o Franchise fee percentage 12.00% Casters Residential Curbside Recycling Curbside 1 1.19 per month Residential and recycling total Additional Trash Cart Additional Recycle Cart Locks JL12 per month 9.65 per month 4.59 per month 14.24 per month 5.33 per month 1.96 per month EFFECTIVE DATE: 1/1/2021 TOWN HALL PHONE #: 817-430-0941 gR�REPUBLIC Ordinance 917 404 SERVICES Exhibit "B" Preliminary Guidelines for Yard Waste Recycling Pilot Program 1. Identify 25 to 30 residential addresses in different areas of Westlake 2. Identify if resident handles yardwork or contractor a. If resident communication of the program and how it will work b. If contractor we recommend meeting with contractor to explain the pilot and the guidelines 3. Options for Pilot for Containers a. If carts are going to be used we will deliver yard waste containers (2) per home b. If no carts we will set parameters that all yard waste must be in disposable containers for leaves or grass clippings, yard waste bags (purchased) for leaves or grass clippings (can be purchased at Home Depot/Lowe's/Wal-mart, etc.), trimmings will be cut/tied/bundled in less than 4' length weighing less than 40lbs with diameter not to exceed 6" for easy removal to truck. 4. Republic Services will collect each week reporting the type of material received, packaged correctly or incorrectly and volume for 90 days 5. After the 90 days data will be presented to Town Council with final pricing if they choose to move This information is preliminary and will be adjusted accordingly prior to pilot program begin. It is recommended that we do this during peak season for lawns. 6100 Elliott Reeder Road Fort Worth, TX 76117 817.332.7301 / FAX 817.831.2020