HomeMy WebLinkAboutOrd 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
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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