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HomeMy WebLinkAboutOrd 408 Approving a contract with Trinty Waste ServicesTOWN OF WESTLAKE ORDINANCE NO. 408 AN ORDINANCE OF THE TOWN BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS DEFINING TERMS; REQUIRING THE PAYMENT OF COMPENSATION FOR THE USE OF THE STREETS, ALLEYS, HIGHWAYS, PUBLIC THOROUGHFARES, AND PUBLIC WAYS WITHIN THE TOWN OF WESTLAKE, TEXAS, BY TRINITY WASTE SERVICES TO PROVIDE SOLID WASTE SERVICES; PROVIDING THE TERM; PROVIDING CONDITIONS OF SUCH USAGE; FINDING SUCH COMPENSATION TO BE REASONABLE; PROVIDING FOR ACCEPTANCE; PROVIDING FOR INDEMNIFICATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE TEXAS: SECTION 1: Pursuant to the laws of the State of Texas and this Ordinance, Trinity Waste Services, (COMPANY) has the NON-EXCLUSIVE right and privilege to USE the public RIGHTS-OF-WAY within the Town of Westlake for the operation of solid waste services subject to the restrictions set forth herein and to the lawful exercise of police power by the TOWN as the TOWN shall now or hereafter by Charter, Ordinance, or Resolution provide. The . terms of this Ordinance shall apply throughout the TOWN, and to all operations of the COMPANY within the TOWN, and shall include all operations and facilities used in whole or in part in the provision of solid waste services in newly annexed areas upon the effective date of any annexation. SECTION 2: Whenever used in this Ordinance, the following words and terms shall have the definitions and meanings provided in this Section: 1. ANNUAL FEE: Compensation for the use, occupancy, oversight, supervision and regulation of the RIGHTS-OF-WAY. 2. BRUSH: Limbs, branches and other trimmings which can not be placed in disposable containers and/or exceeds 4 feet in length and 6 inches in diameter. 3. BULKY WASTES: Large discarded items from residences within the TOWN such as furniture, appliances, bedding, household goods, and other similar objects that are more than 4 feet square or 4 feet in diameter and weigh more than 75 pounds. Refrigerators, freezers, air conditioners and any other appliances or equipment utilizing freon which have not been properly discharged or that COMPANY is otherwise precluded from collecting by law, will not be collected without additional charge. 4. TOWN: The Town of Westlake, Texas. 5. COMMERCIAL CONTAINERS: Metal containers of 2 yard capacity or greater supplied by COMPANY to service commercial customers. 6. COMMERCIAL CUSTOMER: Any customer using a metal container of 2 yard or greater. 7. COMMERCIAL HAND -LOAD CUSTOMER: Any commercial customer not using a commercial container. 8. COMPANY: Trinity Waste Services. 9. CONSUMER PRICE INDEX: "CPP' shall mean the (CPI -U), Dallas/Fort Worth area, all items, published by the United States Department of Labor, Bureau of Labor Statistics 1982-1984 = 100. In the event the U.S. Department of Labor Statistics ceases to publish the CPI, the parties hereto shall substitute another equally authoritative measure of change in the purchasing power of the U.S. 10. CUSTOMER: All person, household, tenant or business receiving solid waste services. 11. CURBSIDE SERVICE: Garbage, trash, yard waste, brush, bulky wastes and recyclable materials to be picked up by the COMPANY which will be located at the curbside of the street bearing the customer's address. 12. CONSTRUCTION MATERIALS: Dirt, concrete, rocks, bricks, lumber, shingles, plaster, sand or gravel and other waste building materials. 13. DIRECTION OF THE TOWN: All ordinances, laws, rules, regulations and Charter provisions of the TOWN now in force or that may hereafter be passed and adopted which are inconsistent with this Ordinance. 14. DISPOSABLE CONTAINERS: Any plastic bag or cardboard box with a capacity of volume of thirty (30) gallons or less and which is capable of containing garbage, trash or solid waste without leaking or emitting odors, and which weighs, when loaded, less than fifty (50) pounds. 15. DISPOSAL COST: Disposal cost shall mean the composite index established using the gate rates from the six (6) landfills identified in Appendix B. 16. FACILITIES: Any buildings, structures, or containers used for the collection, separation or disposal of solid waste. 2 17. GARBAGE: All animal or vegetable waste (as from a kitchen or food processing facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including heavy accumulations of newspapers and magazines) and any other household waste which is damp or capable of emitting noxious odors. 18. HAZARDOUS WASTES: All fecal material, oil, sludge (other than that material generated by the TOWN's Wastewater Treatment Plant unless such material is subsequently designated by the US Environmental Protection Agency ("EPA") or appropriate agency of the State of Texas as a hazardous waste) and any radioactive, pathological, toxic, acidic or volatile materials, or any chemical compound, mixture, substance or article which is designated by the EPA or appropriate agency of the State of Texas to be "hazardous", "toxic", "contaminant" or "pollutant" as such terms are defined by or pursuant to federal or state laws. 19. NON-EXCLUSIVE: No rights provided for in this Ordinance by the TOWN shall be exclusive, and the TOWN reserves the right to grant franchises, licenses, easements or permissions to use the public RIGHTS -OF -WAYS within the TOWN to any person or entity as the TOWN, in its sole discretion may determine to be in the public interest. 20. RECYCLING CONTAINIERS: An eighteen (18) gallon container for use by residential customers for curbside recyclable materials collection by COMPANY. 21. RECYCLABLE MATERIALS: Recyclable materials shall mean: a. Newsprint & magazines. b. Telephone directories in conjunction with re -directory projects. c. Glass bottles and jars but not including mirrors, windows, ceramics or other glass products. d. Aluminum and tin cans used for beverage, food, beer, and soft drinks composed of tin, steel, or aluminum but excluding scrap metal. e. Plastics composed of H.D.P.E. (high density polyethylene) and P.E.T. (polyethylene terephthalate} bottles, numbers 1, 2, and 3. f. White paper products including mail, office paper, advertisements and similar materials. g. Old Corrugated Cardboard (OCC) and Chip Board. As recycling markets open up to additional recyclables, this list may be expanded based on mutual agreement of TOWN and COMPANY. 3 22. RESIDENTIAL CUSTOMER: Any household receiving curbside service. 23. RIGHTS-OF-WAY: All present and future streets, avenues, highways, alleys, bridges and easements dedicated for public use within the town limits of the TOWN. 24. SOLID WASTE: All garbage, trash, recyclable materials, brush, yard waste, bulky waste and construction materials. 25. TNRCC: Texas Natural Resources Conservation Commission. 26. TRASH: All household refuse other than garbage, construction materials, brush and bulky wastes. Trash includes yard waste, heavy accumulations of newspapers and magazines, old clothes and other household trash of like kind, but shall not include hazardous wastes or refrigerators, freezers, air conditioners or other appliances or equipment using freon which has not been properly discharged or other items banned by state or federal regulation to prohibit from disposal in landfills. 27. YARD WASTE: Grass clippings, yard cleanings, leaves, tree trimmings and branches. Tree trimmings and branches must be 4 feet or less in length and no more than 6 inches in diameter and weigh less than 50 lbs. SECTION 3: This Ordinance shall be in full force and effect for the period beginning with the effective date hereof and ending ten (10) years after such date. This Ordinance may be extended for additional five (5) year terms if mutually agreed to by both parties in writing, SECTION 4: The Town expressly reserves the right to establish necessary rules and regulations for solid waste services and from time to time modify those rules and regulations. However, COMPANY shall be given due written notice and if requested in writing, the COMPANY shall be entitled to a hearing before the Westlake Town Council prior to the adoption of any such requirements. The Town may impose penalties of $100 per day for failure of COMPANY to perform those duties outlined in this agreement between TOWN and COMPANY. TOWN will notify COMPANY of such failure in accordance to comply and COMPANY will have all rights and privileges outlined in Section 12, Remedy for Failure to Comply. SECTION 5: The TOWN shall establish requirements for residential customers (and commercial customers not utilizing Commercial Containers) as follows: 1. All garbage, trash and yard waste shall be placed in containers in such a manner as to prevent same from being scattered. Tree trimmings and branches shall be tied and bundled for bi-weekly collection. 0 2. All containers and tied and bundled yard waste shall be placed at the curbside on the street bearing the customers address. 3. Garbage, trash and/or yard waste shall not be placed at curbside more than twelve (12) hours prior to the day of pickup. All containers shall be placed at the foregoing prescribed locations not later than 7:00 a.m. on the day of scheduled collection, if it's to be picked up. 4. All garbage, trash and/or yard waste mixed with water or other liquids shall be drained before being placed into a disposable garbage or trash container. 5. All recyclable materials shall be placed in eighteen (18) gallon containers furnished by COMPANY and placed at curbside on the street bearing the customer's address. Recyclable materials shall not be placed at curbside more than twelve (12) hours prior to the day of pickup. All containers shall be placed at the foregoing prescribed locations not later than 7:00 a.m. on the day scheduled collection, if it's to be picked up. 6. Bulky items shall be placed at the curbside on the street bearing the customer's address no later than 7:00 a.m. on the day of scheduled collection. Bulky items containing Freon such as refrigerators, freezers, and air conditioners must be properly discharged for collection by COMPANY. Brush must be tied and bundled not to exceed 50 lbs. in weight and 4 feet in length. 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 systematic, clean, healthful and sanitary manner. 2. COMPANY shall provide curbside service, including garbage, bulky waste, trash and yard waste to residential customers twice each 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 Materials. Such containers shall be delivered to Town Hall by COMPANY along with brochures explaining how the container is to be used and other information pertinent to the recycling service. 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 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 his 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 occupant of any premises within the corporate limits of TOWN, excluding single-family and two-family residences. Multifamily 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) maintained in good repair, appearance, and in a sanitary condition, and (iii) clearly marked with the COMPANY's name and telephone number in letters 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. 10 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 or may be 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 two (2) collections each week, at least three (3) days apart, 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 or requiring commercial containers and from 3:00 a.m. to 7:00 p.m. for other commercial collection 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 4th, 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 within 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 property 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. 7 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. 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 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 coverage's 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 to but, in no case shall rate exceed those charged to all other commercial customers. SECTION 7: COMPANY shall promote its services in Westlake through community education programs. The minimum requirements include: 1. COMPANY will schedule and present its "Earth Academy" to all elementary schools annually throughout the term of this agreement. 2. COMPANY will develop and distribute its commercial newsletter "Tracking Trash" to all commercial customers once per year during the term of this agreement. 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. E? 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 managers to outline a program. COMPANY will be responsible for development and distribution of any materials to promote the program. SECTION 8: COMPANY shall provide TOWN with all necessary reports required by the TOWN for its use in managing solid waste services in Westlake. COMPANY will provide, at minimum, the following reports: 1. Solid Waste Report - at least quarterly, COMPANY will provide TOWN said report, which at minimum includes the number of loads, total yards, and total tonnage of non -recyclable materials deposited by landfill. 2. Commercial Recycling Report - at least quarterly, COMPANY will provide TOWN said report, which at minimum includes the number of commercial customers by type, number of participants by type, participation rate, tonnage of materials by material. 3. Residential Recycling Report - at least quarterly, COMPANY will provide TOWN said report, which at minimum includes the number of residential customers, number of participants, participation rate, tonnage of materials by material. 4. Annual TNRCC Solid Waste Reports - COMPANY will complete all necessary solid waste reports on behalf of TOWN for submittal to TNRCC. TOWN will receive all monthly reports on or before the 15th of the month following the reporting period. Annual TNRCC reports will be received by TOWN at least 30 days prior to due date for TOWN review and approval. The TOWN may, at its sole discretion, require other report's it believes is necessary for the management of solid waste services in Westlake. SECTION 9: COMPANY will not be required to clean up or collect loose residential solid waste not created by its operation, but shall report the location of such conditions to TOWN so that proper notice can be given to the occupant of the residence to properly contain such solid waste. Spillage or excess solid waste at the location of commercial containers may be picked up by COMPANY after the commercial customer reloads the commercial container. COMPANY shall then be entitled to, and shall receive an extra collection charge for each reloaded container requiring an extra collection. Should such commercial spillage continue to occur, TOWN shall require the commercial customer and COMPANY to increase the frequency of collection of such customer's E refuse, or require the customer to utilize a commercial container with a larger capacity, and COMPANY shall be compensated for such additional services. SECTION 10: Should a dispute arise between TOWN, COMPANY and/or a customer as to whether the COMPANY actually failed to make a collection (whether the COMPANY missed a pickup) the decision of the Town Manager or his designee on such matter shall be final and TOWN and COMPANY shall abide by said decision. However, it is understood and agreed by and between TOWN and COMPANY that if any customer fails to timely place solid waste and disposable containers out, maintains improper or inadequate containers for the natural volume, or weight of solid waste to be removed from one's premises, COMPANY may refrain from collecting all or a portion of such solid waste and shall notify TOWN of the reason for such non -collection. COMPANY shall also provide notice to the customer of the reason for such non -collection (unless such non -collection is the result of the customer's failure to timely place the solid waste out for collection). COMPANY's notice to the customer shall be in writing, attached to the front door of the residence or commercial business, and shall indicate the nature of the violation and the correction required in order that such solid waste may then be collected at the next regular collection date. When TOWN is notified by a customer that solid waste or brush has not been removed from his premises on the scheduled collection day and where no notice of non -collection nor a change in the collection schedule has been received from COMPANY, TOWN shall investigate. If the investigation discloses that COMPANY has failed to collect solid waste from the subject premises without cause, COMPANY shall collect same within twenty-four (24) hours after a collection order is issued by TOWN. If COMPANY fails to do so, the TOWN will impose and collect a penalty of $100 for each 24-hour period or portion thereof collection is not made. 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 such residential and commercial rates (the "Base Rates") until October 1, 2003. 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, 2003. 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 - 10 March 30). Disposal will be adjusted by the average increase in disposal cost as represented in Appendix B. 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. 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 served by COMPANY. 5. Payment to COMPANY: TOWN shall pay to COMPANY on or before the 15th 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. 6. Payment to TOWN: COMPANY shall pay to TOWN as a franchise fee an amount equal to twelve percent (12%) of the gross revenues received by COMPANY for its commercial services provided within the TOWN during the immediately preceding twelve (12) month period, ending March 30 of each year. 11 Such Franchise Fee shall be payable in monthly payments on or before the 15th day after the month at service. SECTION 12: Notwithstanding any other provision herein, this ordinance may be terminated by the TOWN for failure of the COMPANY to comply with any terms, conditions or provisions of this Ordinance in accordance with the following procedures: 1. If the TOWN determines that the COMPANY has breached or violated any of the material provisions of this Ordinance, it shall notify the COMPANY in writing of the applicable provision(s) of this Ordinance, of the circumstances alleged to constitute the breach or violation thereof and the action requested of the COMPANY to correct such alleged breach or violation, and the time within which any such action shall be taken. The COMPANY shall respond in writing within fifteen (15) days of receipt of such written notice notifying the TOWN of the measures, if any, it is taking to remedy the complaint and the time within which such measures are anticipated to be completed or with a written statement of the reasons the COMPANY feels that no breach or violation has occurred. 2. If, upon receiving a written response, the TOWN continues to believe that such breach or violation has occurred or is dissatisfied with the response or remedies proposed by the COMPANY, it shall call a public meeting of the Town Council to consider such issues. The COMPANY shall be given at least ten (10) days written notice of such meeting and issues which the Town Council is to consider.. 3. The Town Council shall consider the issues and hear any person interested in the matter, and the Town Council shall determine in its discretion whether or not any breach or violation by the COMPANY has occurred. 4. If the Town Council shall determine the violation by the COMPANY was the fault of the COMPANY and within its control, the Council may order compliance within such reasonable period as the Council may determine, but no less than fifteen (15) days. 5. If the COMPANY fails to remedy the breach or violation as determined by the Town Council to be a material breach or violation of this Ordinance or if the COMPANY fails to acknowledge by responding in writing that a breach or violation has occurred within the time periods determined in the section, then either party may seek a declaratory judgment in a District Court in Tarrant County, Texas to determine if such breach or violation has occurred and whether such breach or violation is sufficient cause for termination of this Ordinance. 6. The COMPANY shall not be excused from complying with any of the terms and conditions of this Ordinance or any failure of the TOWN upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. 12 SECTION 13: For the purpose of this Ordinance, notice to the TOWN will be to: Town Manager Town of Westlake 3 Village Circle, #207 Solana Westlake, Texas 76262 Notice to the COMPANY will be: General Manager Trinity Waste Services 6100 Elliot Reeder Road Fort Worth, Texas 76117 Notice will be effective upon delivery at the above addresses until the TOWN or COMPANY notifies the other, in writing, of a change in the address. SECTION 14: ASSIGNMENT OF ORDINANCE The COMPANY shall be a legal entity with legal capacity to operate and maintain a local solid waste company in the Town of Westlake. 2. This Ordinance and any rights or privileges hereunder, shall not be assignable to any other party without the express consent of the Westlake Town Council. Such consent to be given by an ordinance of the Town Council, which ordinance shall fully contain the terms and conditions, if any, upon which such consent is given further provided that such consent by the Town Council will not be unreasonably withheld. Any assignee must agree in writing to all terms and conditions in the Agreement prior to any consent to assignment being given by TOWN. SECTION 15: All of the regulations provided in this Ordinance are hereby declared to be for a public purpose and the health, safety and welfare of the general public. Any member of the governing body or TOWN official or employee charged with the enforcement of this Ordinance, acting for the TOWN in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties. Neither the TOWN nor the COMPANY, by accepting this Ordinance, waives its right to seek all appropriate legal and equitable remedies as allowed, by law upon violation of the terms of this Ordinance. SECTION 16: This Ordinance shall be construed under and in accordance with the laws of the State of Texas. 13 SECTION 17: Venue for any proceedings under this Ordinance shall be in Tarrant County, Texas. SECTION 18: All other ordinances and agreements and parts of ordinances and agreements in conflict with the provisions of this Ordinance are hereby repealed. SECTION 19: That nothing herein contained shall be construed as giving to the COMPANY exclusive rights under this Ordinance. SECTION 20: The COMPANY, as a condition of the grant of the rights and privileges hereunder, and in consideration thereof, shall indemnify and hold the TOWN, its elected officials, officers, employees, agents, or representatives harmless against all claims for damages to persons or property by reasons of the operation of the COMPANY and conduct of its business, or in any way growing out of the granting of this Ordinance, directly, or indirectly, including any court costs, attorney's fees, expenses, and defenses thereof, when such injury shall have been caused by the willful, wrongful or negligent act, omission, or misconduct, of the COMPANY or any of its officers, agents or employees, or by any person for whose negligent act or omission or misconduct the COMPANY is by law responsible. This indemnity shall only apply to the extent that the loss, damage or injury results from the negligence or wrongful act or omission of the COMPANY, its officers, agents or employees, and does not apply to the extent such loss, damage or injury is attributable to the negligence or wrongful act or omission of the TOWN, or the TOWN's elected officials, officers, employees, agents, or representatives or entity. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of the COMPANY and the TOWN. SECTION 21: Notwithstanding anything contained in this Ordinance to the contrary, in the event that (a) this Ordinance or any part hereof, (b) any procedure provided in this Ordinance, or (c) any compensation due the TOWN under this Ordinance, becomes, or is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unlawful or otherwise inapplicable, in whole or in part, the remainder of the ordinance shall be fully enforceable. SECTION 22: It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 23: This Ordinance governing street use may be amended at any time by the mutual agreement of the TOWN and the COMPANY. It is understood that the COMPANY is currently in the process of negotiating similar ordinances with other cities throughout the state. It is understood and agreed that if an ordinance governing street use with another town or city in this state contains a provision, which the TOWN feels would be more advantageous to it than the terms hereof, the TOWN may require that portion of this Ordinance be reopened for negotiation. The intent of the parties is that the TOWN will be entitled only to treatment comparable to that which was afforded under the 14 ordinance with the other town or city giving due consideration to the contextual meaning of the provision on which renegotiation is sought and the effect of the proposed amendment on the meaning of the ordinance as whole. SECTION 24: That the COMPANY shall have thirty (30) days from and after the passage and approval of this Ordinance to file its written acceptance thereof with the Town Secretary, and after such acceptance is filed, this Ordinance shall take effect and be in force from and after October 1, 2001. SECTION 25: Either party may terminate this agreement, with or without cause, with 90 days prior written notification. PASSED AND APPROVED BY THE TOWN OF WESTLAKE, TEXAS on this 26TH day of NOVEMBER, 2001. ATTEST: G'nger rosswy, Town cretary APPROVE AS FO FORM: L.tan Lowry, T6) Attc Scott Bradley, Mayo Trent O. Petty , n Manager ACCEPTED: TRINITY WASTE SER ICE NAM. TITLE. / DATE OF ACCEPTANCE:�Is'�o 15 Appendix "A" TRINITY WASTE SERVICES FRANCHISED CITY RATES TOWN OF WESTLAKE COMMERCIAL FRONT -LOAD RATES PICKUPS PER WEEK SIZE ix 2X 3X 4X 5X 6X EXTRA 2 YD 43.46 68.09 92.72 117.35 141.97 166.61 18.83 3 YD 53.60 89.82 126.04 162.25 198.47 234.68 19.93 4 YD 65.20 108.66 152.11 195.57 239.04 282.50 21.03 6 YD 76.64 145.00 202.82 260.77 318.72 376.66 21.73 8 YD 112.61 185.43 257.87 330.30 402.74 475.18 22.83 COMMERCIAL ROLLOFF RATES SIZE TYPE DELIVERY RENTAL PER DAY HAUL PER LD DISPOSAL PER LD TOTAL PER LD DEPOSIT PER CONT 20 YD OPEN 70.00 3.00 114.28 125.00 239.28 200.00 25 YD OPEN 70.00 3.00 114.28 156.25 270.53 200.00 30 YD OPEN 70.00 3.00 114.28 187.50 301.78 200.00 35 YD OPEN 70.00 3.00 1 114.28 218.75 333.03 200.00 40 YD OPEN 70.00 3.00 114.28 250.00 364.28 200.00 28 YD COMP NEGO NEGO 114.28 222.60 336.88 NEGO 30 YD COMP NEGO NEGO 114.28 238.50 352.78 NEGO 35 YD COMP NEGO NEGO 114.28 278.25 1 392.53 1 NEGO 40 YD COMP NEGO NEGO 114.28 318.00 1 432.28 1 NEGO 42 YD COMP NEGO I NEGO 1 114.28 333.90 1 448.18 1 NEGO FRANCHISE FEE PERCENTAGE 12.00% 12.00% LOOSE COMP DISPOSAL RATE PER YARD $5.50 $7.00 FRANCHISE FEE MARKUP $0.75 $0.95 TOTAL COST PER YARD $6.25 $7.95 COMMERCIAL HANDLOAD 2 TIMES PER WEEK @ $10.59 PER MONTH (Limit 4 bags) CASTERS: 510.00 /MONTH RESIDENTIAL CURBSIDE W/O RECYCLING: RESIDENTIAL CURBSIDE W/RECYCLING: LOCKS: S1.00 /MONTH S7.00 /MONTH S8.75 /MONTH EFFECTIVE DATE: 12/01/2001 CITY HALL PHONE N: 817 / 491-2411 Appendix B Residential Rate Adjustment Calculation Example Current Residential or Commercial Base Rate $8.00 CPI Adjustment % 70.0% Disposal Adjustment % 30.0% CPI % Change (Example) 3.00% Disposal % Change (Example) 5.96% Disposal Rates for Selected Landfills Operations Disposal Total Old Rate Base Rate $5.60 $2.40 $8.00 Adjustment % 3.0% 5.96% $5.30 Adjustment $ $0.17 $0.14 $0.31 New Base Rate $5.77 $2.54 $8.31 Disposal Rates for Selected Landfills Compacted Gate Rates Oct 1, 1997 Oct 1, 1998 % Change Waste Management $5.30 $5.65 6.60% Waste Management Westside $5.20 $5.55 6.73% Turkey Creek $5.00 $5.20 4.00% Camelot $4.65 $5.00 7.53% BFI Itasca Gardens $4.85 $5.09 4.95% Total $25.00 $26.49 5.96% Appendix B Commercial Rate Adjustment Calculation Example Current Residential or Commercial Base Rate $43.00 CPI Adjustment % 70.0% Disposal Adjustment % 30.0% CPI % Change (Example) 3.00% Disposal % Change (Example) 5.96% Disposal Rates for Selected Landfills Operations Disposal Total Old Rate Base Rate $30.10 $12.90 $43.00 Adjustment % 3.0% 5.96% $5.30 Adjustment $ $0.90 $0.77 $1.67 New Base Rate $31.00 $13.67 $44.67 Disposal Rates for Selected Landfills Compacted Gate Rates Oct 1, 1997 Oct 1, 1998 % Change Waste Management $5.30 $5.65 6.60% Waste Management Westside $5.20 $5.55 6.73% Turkey Creek $5.00 $5.20 4.00% Camelot $4.65 $5.00 7.53% BFI Itasca Gardens $4.85 $5.09 4.95% Total $25.00 $26.49 5.96% 17 WASTE SERVICES December 17, 2001 Mr. Trent Petty Town Manager Town of Westlake 3 Village Circle, #207 Solana Westlake, Texas 76262 RE: Ordinance No. 408 Dear Mr. Petty: Please find attached a fully executed copy of the agreement established under Ordinance No. 408 between the Town of Westlake and Trinity Waste Services. We look forward to a mutually beneficial service to be provided under the terms of the agreement. There are a few items we found upon reading the agreement. Those are as follow: Page 2, item 15: Item 15 refers to six (6) landfills identified in Appendix B but there are only five (5) listed. We suggest adding the City of Dallas' McCommas Bluff Landfill as the sixth. If we do this, Item 15 would not be in disagreement with Appendix B and would not need to be changed. As a further clarification, the first landfill listed only as Waste Management and should be Waste Management DFW. Page 9, SECTION 8: 2. Commercial Recycling Report: Because of operational issues, participation and tonnage of materials produced by each account cannot be accurately determined. Commercial recycling loads are commingled in such a way that separate accounts cannot be recognized. We can report numbers of commercial recycling customers. We propose that paragraph 2 should read: Commercial Recycling Report — at least quarterly, COMPANY will provide TOWN said report, which at a minimum includes the number of commercial recycling customers by type. TRINITY WASTE SERVICES, 6100 Elliott Reeder Road, Fort Worth, Texas 76117 Tel: (817) 332-7301 Fax: (817) 831-2020 Customer Service Fax (817) 831-7489 Printed on recycled paper 3. Residential Recycling Report: We have found that the only true measure of Residential Recycling is the diversion rate and would propose to report same in the Residential Recycling Report. The diversion rate is a measure of the tons diverted through recycling compared to the overall tonnage produced by the residential sector. Individual components of the recycling stream cannot be measured as to a specific customer city. We can provide estimates of these percentages based on the overall stream. We propose that paragraph 3 should read: Residential Recycling Report — at least quarterly, COMPANY will provide TOWN said report, which at a minimum includes the number of residential customers, tons diverted through recycling and best estimates of the percentage of each component of the recycling stream. Page 10, SECTION 11, para. 2, (ii): To clarify, for both parties benefit, we propose that this section of the paragraph be modified as follows: ... Date and (ii) any increases in disposal cost since October 1 2001 or previous rate adjustments whichever is later. COMPANY shall submit ..... We apologize in advance for any confusion these suggestions may cause you however stand ready to answer questions or discuss at your convenience. We believe these proposed changes simply clarify the intent of both parties and will serve to avoid misunderstandings in the future. With these clarifications and your concurrence in same, this letter serves as our written acceptance of Ordinance Number 408 of the Town of Westlake. We view this clarification letter as a written amendment to our agreement and will not require formal changes to the body of the ordinance so long as that is agreeable with you. If you agree, please sign at the point indicated below and return one copy of this letter for our files. We at Trinity Waste Service appreciates the opportunity to provide these services to the Town of Westlake. Should you have any questions, please contact me. Sincerely, Jim Lattimore Municipal Marketing Manager Trinity Waste Services Agreed Trent Petr Town Manager Town of Westlake I solemnly swear that a true and correct copy of the Public Notice Ordinance No. 408 was published in THE KELLER CITIZEN, a newspaper having general circulation in the counties of Denton and Tarrant, and that the dates that said issues of the newspaper bore in which such notice was published were December 18, 2001. A copy of the notice as published, clipped from the newspaper is attached hereto. 4 Pam Nolte, Classified Ad Manager THE STATE OF TEXAS COUNTY OF TARRANT § SWORN TO AND SUBSCRIBED BEFORE ME Pam Nolte this 27th day of December, 2001, to certify which witness my hand and seal of office. q -A 'P" 0 - M C k A-1 Notary Public, State of Texas Printed Name of Notary My commission expires x Consent by the Town of Westlake, Texas to Partial Assignment of ORDINANCE NO. 408 Granting Right to for the operation of solid waste services with Trinity Waste Services The TOWN OF WESTLAKE, a general law municipal corporation located in Tarrant County and Denton County, Texas, and Trinity Waste Services, authorized to do business in the State of Texas, are parties to the above named ORDINANCE AGREEMENT, as amended, effective October 1, 2001. A copy of the Agreement is attached hereto as Exhibit A. The undersigned does hereby consent to the assignment by Trinity Waste Services to Allied Receivables Funding Incorporated, a Delaware corporation ("ARFI"), and ARFI's subsequent assignment to any Agent or Lender Group Agent, of Trinity Waste Services right to receive payments under the Agreement from the Town of Westlake, Texas. The consent by the undersigned to the assignment by Trinity Waste Services of its right to receive payments under the Agreement is conditioned upon Trinity Waste Services remaining, and Trinity Waste Services hereby agrees to remain, liable for its obligations under the Agreement. The assignment granted hereby shall be effective from and after the date on which this consent is duly executed by the undersigned. Town of Westlake, Texas By: �----- Name: Title: c Date: 2004 Trini Wasteices C i By: AAA,, 7a I Name: Ji -Lattimore Title: General Manager Date: June 10 , 2004 7ales Caps Elm Town of Trophy`Club, Texas, amending and ratifying Ordi- nance`No. 98-21 sP&Z of the Town. the same beino PD Ordinance No. 97-10 P&Z i the Town; adding,provisior U(JO UIFIUMI, UL (b 1./) YO I- " " VlUiily 1UI.. mercy on us. St. Jude, wor- 0549 ext 310 or by mail to the Map of fhe Town to reflect enrollment ker of miracles, pray for us. following address: the incorporation of the Entry effective c St. Jude, helper of the Plan, the Sign Plan and the 006).; hopeless, pray for us. Say Technical questions in refer- Development Schedule as this prayer 9 times a day. By ence to the bid specifications originally provided for in Ex - the 8th day your prayer will may be addressed to: r hiblts "E", "F" and "G" of PD PURLII be answered. Say it for 9 Planned Development #18; days. It has never been Donna Benham, providing a cumulative Finance known to fait.` Publication Department clause; providing for savings; PURI must be promised. Thank (817) 431-1913, ext 312 providing for severability; you St. Jude. C.C. providing a penalty not to ex- A public h Bid ceed,the sum of two thou- by the To Mailing Address, sand dollars ($2,000.00) for Town of I VOLUNTEERAttn: Donna Benham each offense and a separate boardroor offense shall be deemed Utility Dis City of Keller Y. committed each day during Municipal P.O. Box 770 p 78 METROPORT 'MEALS ON Keller, Tx 76244 or on which a violation occurs Monday, WHEELS needs Volunteers. or continues; providing for consider z Please call 817-491-1141. publication; providing for en- Town of T grossment and enrollment; amendim BI® NOTICE and providing ,an effective 1999-11, 1 date. (PDAMD-01-003). ordinance LEGAL NOTICE sions for ROOFINGRequest for ulations fc S1NL'E1982 Qualifications PUBLIC HEARING velopme, Leak Repairs;• Carpentry Construction Manager Hoo an's L • Carpet & Tile • Remodeling at Risk PUBLIC HEARING which H 1NStIREr? Canopies Projects for Keller Independent School A public hearing will be held amendme ene Wilson' 817-379-6$8® District by the Town Council of the rent comE Ordinance Town of Trophy Club in the ing for the The Keller Independent boardroom of the Municipal School District .will accept Utility District Building,_ 100 cel errors Sealed Qualifications for Municipal Drive, at7:30'PM, recta ord hou Construction Manager at Monday, January 7, 2002, to 11; a enc Risk services at: consider an ordinance of the 11; map tc Town of Trophy Club, Texas, herein- ti Keller ISD amending and ratifying Ordi- five cla sE Purchasing Department nance No. 98-24 'A P&Z of -; 350KellerParkway the Town, the same beingings; prow Keller, TX 76248 exty; provid PD Planned Development exceed th #19, which referenced an sand doll until 10:00 AM on January 9, amendment to Comprehen- each offer 2002. The Construction Man- sive Zoning Ordinance No. offense'! Q ® ager, selected in a two step 94-09 of the Town; providing committer Process, will provide con- for the correct numerical ref- or on whic � struction services ata con- •yPd r ® tracted fee and provide con- erence for the then current comprehensive zoning ordj- or continues;`p publication; Prov •Custom Window. Treatments d D-01- sultation to the school district during and after the design of nance; adding provisions to incorporate the construction grossment and Draperies & p the facility. schedule as originally provid- Devel- and providing i date. (PDAMD-1 PUBLIC NOTICE' Valanees I of the The project to be constructed ed for in PD Planned opment #19, generally 1 I TOWN OF WESTLAKE' Bedding •$eddin &Pillowy Is Ten Canopies at the for- lowing locations: Florence EI- known as the Estates of Hogan's'Glen; amending the 30 PM, ® Wood &PVC ORDINANCE N0.408 ementary, Heritage Elemen- tary, Keller Harvel Elemen official Zoning Map of the �� Blinds in An ordinance of the Town tary, Parkview Elementary, Park Glen Elementary, Towntoreflectthe'incorpora- tion of construction schedule as originally provided for in 77�� Free Estimates Board Aldermen of the Shady Grove Elementary, Exhibit "E of PD Planned "el CAROL O'GORMAN' Town of Westlake, Texas definingterms; re uirin the q g for Willis Lane Elementary, Whit- ley Road Elementary, Bear Development #19 providing a cumulative clause provid- FRIEN 817.431.0296 Payment of compensation the use of the streets, alleys, Creek Intermediate, and Fos- mg for savings; providing for A Keller Business ` for7yeassl highways, public thorough- fares, and public ways within the Town of Westlake, Texas,' by Trinity Waste Ser- sri Hill Middle Schools. The Request for Qualifica- tions (RFO) packet may be obtained by contacting the severability; providing a penalty not to exceed the sum of two thousand dollars ($2,000.00) for each offense and a separate offense shall a embers a 1999- vices to provide solid waste P fotlowina District officer tiT ........:.... .........;;t,n,a a�..h hanges a clerical of'Ordi- mending iap to re - rein; pro- '- clause; >; provid- providing Geed the id dollars i.,offense nse shall A, m; pro- p --y usage;' finding such compen- nt and ration occurs or continues; ling an la�atllln 15 d D-01- Construction Dept. LING JG , Keller. I.S.D. 350 Keller Parkway enrollment; and providing an effective date. {PDAMD-01 be held I of the Keller, Texas 76248 in the 1 I arnclpal parts of ordinances in conflict 1g, 100 . 30 PM, J !002, to a of the Texas, mining that the meeting at ce No. eing an v'provi- Hai 1ht reg - right to waive any informality and to reject any or all Pro- posals. ied De "el nerally rtes of ase 11, i, ed;' by T en cur- TIKE Zoning provid- CItizei of cleri- incor- bi a embers a 1999- a ;tat ges Now, Cc hanges •umula- 431-2 for sav- _ verabili- y not to io thou- inform .00) for eparate eemed during r occurs CLASSI Ping for DEADL11 for )Ilment;t; NOON ON 817-431- ffective )7). %_01 ubl i lluu p --y usage;' finding such compen- Ms. Beverly mmsap Program Management] gproviding ration occurs or continues; la�atllln 15 sation to be reasonable; pro- P Construction Dept. for publication; pro- vidinfor engrossment and g NOON on viding for acceptance; provid- ing for indemnification; re- Keller. I.S.D. 350 Keller Parkway enrollment; and providing an effective date. {PDAMD-01 ealin all ordinances or P g Keller, Texas 76248 : 004 ) 1 I Fridays parts of ordinances in conflict (817) 337-7576 . J herewith; finding and deter- 817®1`®221 mining that the meeting at Keller I.S.D. reserves theTHE which this ordinance is passed is open to the public as required by law; and pro- right to waive any informality and to reject any or all Pro- posals. For advertising info(` call 817-431-2231 j � j' j� 4�1i1LJ viding an e-ffective date. I