HomeMy WebLinkAboutOrdinance 1954
ORDINANCE NO. 1954
WHEREAS, the City Council of the City of North Richland Hills, Texas approved
Ordinance No. 1745 as a Franchise Agreement with Laidlaw Waste Systems (SUNBEL T),
Inc. to provide residential, commercial, and industrial garbage collection and disposal,
and recycling services; and
WHEREAS, the City Council further amended Ordinance No. 1745 with Ordinance
No. 1857 regarding adjustments in recycling, commercial roll off rates, and future rate
increases; and
WHEREAS, the City Council finds it necessary to further amend Ordinance No.
1745 to further clarify and consolidate previous amendments.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, THAT:
1.
Ordinance No. 1857, passed on February 8, 1993, be and is hereby repealed and
replaced by Ordinance NO. 1954 when it is passed and approved.
2.
This Ordinance is adopted as an amendment to Ordinance No. 1745 and to the terms of
the agreement which is "Exhibit A" to Ordinance No. 1745. The terms of this Ordinance
shall govern in construing this Ordinance and Ordinance No. 1745.
3.
Sections and sub-sections of "Exhibit A" to Ordinance 1745 are amended as follows:
EXHIBIT ~'A",. The attachment to Ordinance 1745 - EXHIBIT "A" entitled "EXHIBIT
"All PR9POS~P Ç3ARBAGE RATES", which identifies residential, commerciallindustriaJ,
and roll-off container rates is repealed and substituted with ATTACHMENT A - Residential
GarbaQ~Uilnd Recycling Ch~rqes, and ATTACHMENT B -COMMERÇIf\UINDUSTRIAl
MQNTHL YCUSTOMER S~RVICE ÇHA~GES which are attached hereto and
incorporated herein by reference. These are the identical rates now in effect.
SECTIOt.'J\ ~.
Section 2 of "Exhibit Ail of Ordinance 1745 is repealed and replaced
as follows:
Term. The term of this agreement shalt terminate on August 1,1997. The term may be
renewed for successive terms offive (5) years each, by mutual agreement of both parties
hereto.
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SECTION §J:l
paragraph 2 of Section S.H. is repealed and replaced as follows:
Concurrently with one of the semi-annual dean up periods, CONTRACTOR shall provide
a mechanical "chipper" service for the removal of tree limbs of a maximum diameter of
5 inches and minimum diameter of 1 inCh. Said tree Umbs will be removed from the
curbside without the necessity of being bundled or cut into four (4) foot lengths.
Additionally the CONTRACTOR wilt provide free land-fill disposal to CITY OF NORTH
RICHLAND HILLS residential customers including a weekend period (Saturdays only) four
times each year during the term of this agreement, upon presentation by such customers
of their water bill and drivers license. CONTRACTOR will make every effort to schedule
only one or two smaller size cities in the area on the dates for North Richland Hills
residents free landfill days in order to provide greater opportunity for use of free landfill
by North Richland Hills residents and to further reduce delays and congestion at the
landfill sites. The exact dates of such free landfill disposal shall be designated by mutual
agreement by the CITY'S City Manager and CONTRACTOR. The CONTRACTOR sha1l
agree to publish and pay for a one fourth (1/4) page advertisement in the Fort Worth Star
TeteQram four (4) times a year, notifying residents two weeks in advance of free landfill
and dean up days.
SECTION 6.H..
A paragraph 4 will be added to Section6.H. as follows:
CONTRACTOR shall provide free pickup and disposal for all CITY facilities. CITY shall
also have free dumping privileges during the term of this agreement. the free dumping
privileges and CONTRACTOR provided free pickup and disposal for CITY facilities are.
not to be negated by, or interpreted to conflict with, the adjustment charges referenced
in Section 7.E. of Ordinance 1745. Free dumping is interpreted as meaning no charge
or cost assessed to the CITY.
SECTION 7.B.
Paragraph 1 of 7.B. of Ordinance 1745 is repealed and replaced as
fotlows:
Commerciaf/lndustriaJ Acceptable Waste: CITY and CONTRACTOR agree that the initial
commercial/industtial monthly service charges shall be provided in ATTACHMENT B,
which is attached hereto and incorporated herein by reference. SERVICE CHARGES will
be adjusted as provided in Section 7(E) herein.
S,çCT,ION 7.0.
A second sentence is added to th.ls section as follows:
The CONTRACTOR shall make curbside recyding available to each school at no charge
under guidelines set out by the CONTRACTOR and approved by the City Council.
2
SECTIQN ~.E-
Section 7.E. of Ordinance 1745 is hereby repealed and replaced as
follows:
Revisions: CONTRACTOR shall attempt to maintain the rates herein during the term of
this agreement. Provided, however, that the CONTRACTOR incurs increases in cost of
operations which are beyond its control and have an adverse effect on the
CONTRACTOR'S ability to maintain a reasonable retum for its service, then the CITY and
CONTRACTOR agree that a rate adjustment will be negotiated by CONTRACTOR, but
limited to 85% of the yearly change in the latest CPt (DIFW) or 5%, whichever is lesser.
CONTRACTOR shall give CITY 60 days written notice for any rate adjustment prior to the
date it is requested to be implemented. This 60 days notice period will not apply to the
first rate increase after adoption of said Ordinance No. 1954. The question of whether
any increase is granted wìU lie within the discretion of the City Council and any such
adjustment will be approved by resolution. It is further agreed by the parties hereto that
all charges for services provided herein may be adjusted at any time for any Federal,
State, or local authority compliance as identified and justified by CONTRACTOR.
SECTION 7.G. (1).
Section 7. G. (1) of Ordinance 1745 is repealed and replaced
follows:
Residential recycling charges: The service charge for residential recycling shall be $1.75
per month for persons under 65 years of age ($1.50 to be paid to the CONTRACTOR,
11 cents ($.11) to be retained by CITY for billing and franchise fee and balance for sales
taxes). Residents 65 years of age or older may execute a request for an exemption of
75¢ per month from the recycling charge. If requested, the City will grant an exemption
to each head of household 65 years of age or above an amount of 75¢ from the curbside
recycling charge, and wiJI remit only 75¢ per month to the CONTRACTOR, rather than
the $1.50 for that particular household. ¡he sales tax is included in the $1.75 residential
recycling charge. The CITY agrees to pay the CONTRACTOR $1.50 of this monthly
curbside recycling charge billed to residential customers under 65 years of age and 75¢
of this monthly curbside recyc1ing charge billed to customers 65 years or older who
request the exemption.
SECTIO~, 7.q. (3).
Section 7.G.(3) of Ordinance 1745 is repealed and replaced as
follows:
Residential and Commercial/Industrial Acceptable Waste Charges: For the Franchise
granted herein, CONTRACTOR agrees to pay the CITY an amount equal to 2% of the
gross receipts (excluding all appropriate sales and other taxes) from the collection of
acceptable waste within the corporate limits of the CITY. CITY shall remit to the
CONTRACTOR its check in the amount of 88% of afl amounts biffed for residential
garbage service, and 92% of all amounts billed for commercial/industrial ACCEPTABLE
WASTE collected. The 12°,4 not remitted for residential billings (10% for billing and
collection and 2% franchise fee) and 8% not remitted for commercial/industrial billings
3
(6% for billing and collection and 2% franchise fee) shall become the property of the
CITY.
Any billing that the CITY may do for the ACC EPT ABLE WASTE collection service outside
the City limits of North Richland Hills, CONTRACTOR agrees to allow the CITY to retain
10% for the collection.
SECTION 7.G. (4).
A new section 7.G.(4) shall be added as follows:
Bad Debt Collections and Write-Ofts: The CITY will diligently pursue the collection of bad
debts and those which are deemed uncollectible after 90 days will be written off by the
CITY and write-offs will be adjusted (deducted) from CONTRACTOR'S monthly payment
following the quarter of the write-offs. Although write-offs will be made, CITY will continue
to pursue collection and any bad debts collected after any quarterly payment adjustment
will be added to the next monthly payment to the CONTRACTOR.
SECTION 12.
Section 12 of Ordinance 1745 is repealed and replaced as follows:
Records and Reports. The CITY shall have access at all reasonable hours to all
CONTRACTOR'S records, customer service cards, and all papers relating to the
operation of the services set forth herein. CITY shall have the right to audit
CONTRACTOR'S records upon giving written notice.
The following records and reports shall be filed monthly by the fifteenth (15th) day with
the Director of Finance:
A. Adequate report on recvclablecollections will be submitted and shall include
the number, percentage of households participating, tonnage (by category) of
recyclable and dollars generated for items sold.
8. CONTRACTOR will provide a monthly report on cubic yards of garbage
deposited at the landfill from North Richland Hills. The report will include a
breakdown of how much is from residential customers, commercial/industrial
customers, CITY facilities, and landfill days.
C. Reports of the results of all complaints and investigations received and
completed by the CONTRACTOR.
D. A listing of all commercial accounts served. This list shall include customers
name, address, frequency of pickup, size of container or type of service and
charges for same.
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4.
The terms of Ordinance 1745 that are not repealed or amended in said Ordinance No.
1954 shall remain in full force and effect as passed on June 24, 1991.
PASSED AND APPROVED BY THE CITY COUNCIL ç>F yHE CITY OF NORTH
RICHLAND HILLS, TEXAS this the /.A day of /)~JI~ ,1993.
APPROVED:
~-1~
ATTEST:
n~-'--J1#¿.iLL~
~:~tte Rewis, City Secretary
APPROVED AS TO FORM AND LEGALITY:
¡tÞ~/c:~
Rex McEntire, Attorney for the City
5
ATTACHMENT A
RESIDENTIAL GARBAG~ AND RECXCUNG ,ÇHARGES
Curb Piçkuo
Under . Över
6Q Years 65 Years
1. Garbage Charge
State Mandated Fee
Sales Tax
Total Garbage Charge
$5.48*
.35
~
$6.27
BackdoOf Pickup
Under Over
65 Years 6~Years
$5.48*
.35
-:M
$6.27
$8.85*
.35
.71
-
$9.91
$8.85*
.35
...2.1
$9.91
* Includes billing and collection fee and franchise (10% billing and collection; 2%
franchise fee)
2. Recycling Charge
Sales Tax
Total Recycling
$1.61**
....J!
$1.75
$ .86**
~
$ .94
$1.86**
-.J..4
$2.00
$ .86*'"
..§l.
$ .93
** Includes billing and coUection fee and franchise fee of 11 ¢ per customer.
3. Combined garbage and
recycling charges
$8.02
EFFECTIVE 12/13/93
$7.21
$11.91 $10.84
A TTACHEMENT B
COMMþRCJAlffNOU$T~tAL. M.oNTHlY CUS,TOtJ E.R SERVIQç ÇH~RGE;S
1. COMMERCIALItNDUSTRIAL FROt;JT -LOAp .~A TES
11 .. 1. = 1:
SIZ! 1X 2X 3X 4X IX ax EXTRA
\. , ,;1 , . . . ., ( .,
2YD 35.59 57.13 75.54 94.52 117.04 138.60 9.65
, , , .,
3YD 50.26 80.24 113.31 141.72 171.68 206.32 14.50
. ,
4YD 68.06 108.02 152.65 191.94 232.55 275.61 19.31 .
.'...., " .... ,
6YD 78.68 136.60 167.28 235.01 296.50 337.68 28.97
, , I I .. ~- ,
8VO 103.33 181.67 245.94 310.22 360.44 424.73 38.62
- ~ -\-' :--'-"1' . ., {J,' {,~!(, -;,\...".... v'-}'" ".-- ¡r ". .. ''''"i''V\''' -. ,"'..j .. 'i.'-,..,_,.-,\ '_>O;"'o",.Ll-\:X,>'_I.,\'í . , '-'v. - I'
· Commercial/Industria' hand-foad 2 times per week 0 $13.42 per month
f/ Casters $5.72 per month
.. locks $2.29 per month
2. ÇOMMER.CIAVfNPUSTRIAL ROlL:OFF CONTAINeR ~ATES
. ~, c.' . II I. I:: . , .. . ... 'I.
SIZE DEUVERY RENTAL HAUL DISPOSAL TOTAL DEPOSIT
.
, ",
20VD $60.00 $3/DA y $67.00 $70.00 $200.00
" ì,' - \. .1 .
21YD 60.00 $3/DA Y 67.00 87.&0 154.50 , 200.00
30 YO 60.00 $3/0A Y 67.00 105.00 172.00 200.00
~ , , . , . . .
35 YO 60.00 $31OA Y 67.00 122.50 189.50 200.00
\ "f..,
40YD 60.00 $3IDA Y 67.00 140.00 207.00 200.00
... "" ! .. , .. "
... Dfspøsal fees shaß be charged at çurrent market rate.
The February 1993 rate is $3.50 per yard
\. WI_ "i " ....'·h-·\ I ·f-,-,\{.1 \ ~;. ,_J :...._., ·':---·\'''''''I;LL':I·· ~-'''-';;''¡ - '~If'.\ 1.1\ _.:,L,,;-' HA 10-, ...\'. ....,\ ...... .1.
· Compactor rates are negotiable between Contractor and customer
EFFECTIVE 1211~193