HomeMy WebLinkAboutOrd 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