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Home My Public Portal AboutOrdinance No. 746-95 05-23-1995 • ORDINANCE NO. 7 4 6- 9 5 AN ORDINANCE AMENDING THE DECEMBER 20, 1990, FRANCHISE CONTRACT BETWEEN THE CITY OF RICHLAND HILLS, TEXAS, AND LAIDLAW WASTE SYSTEMS, FOR THE COLLECTION WITHIN THE CITY OF GARBAGE, TRASH, REFUSE AND OTHER WASTE, AND AMENDING ORDINANCES NO. 677 AND 687, WHICH AMENDED AND REVISED THE FEES CONTAINED VVITfBN THE ORIGINAL FRANCHISE CONTRACT; AMENDING THE FRANCHISE CONTRACT BETWEEN THE CITY OF RICHLAND HILLS, TEXAS AND LAIDLAW WASTE SYSTEMS, AFOREMENTIONED, TO INCREASE THE RATES AND CHARGES CONTAINED THEREIN; PROVIDING FOR LIlViTTATIONS UPON CHANGES TO GARBAGE COLLECTION RATES BASED ON INCREASES IN DISPOSAL COSTS; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas, entered into a franchise contract agreement with Laidlaw Waste Systems, Inc. on December 20, 1990, providing certain rates and charges for the collection within the City of garbage, trash, refuse and other waste, including recyclable materials; and WHEREAS, the City Council thereafter passed Ordinance No. 677 to increase • certain rates and charges contained in the original franchise contract; and WHEREAS, the City Council thereafter passed Ordinance No. 687 to decrease certain garbage collection charges and to revise certain provisions contained in said franchise contract; and WHEREAS, the City has, at the request of Laidlaw Waste Systems, renegotiated the rates contained in the franchise contract with Laidlaw Waste Systems, and by such renegotiation has agreed to change the rates and charges contained therein for garbage collection within the City, in return for an agreement by Laidlaw to certain limits on future rate increase requests. NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That the franchise contract between the City of Richland Hills, Texas, and Laidlaw Waste Systems, Inc., dated December 20, 1990, and all ordinances amending said franchise contract including, but not limited to, Ordinance 677 and Ordinance 687, be hereby amended under the terms of this Ordinance so that the following provisions of the December 20, 1990 franchise contract, aforementioned, shall hereafter be and read as follows: • ORDINANCE NO. PAGE 1 • A. Section 7A of the aforementioned franchise contract is hereby amended to hereafter be and read as follows: A. Residential: City and Contractor agree that the initial Curbside Residential Monthly Customer Service Charge shall be $8.59, and the initial Backdoor Residential Monthly Customer Service Charge shall be $11.43. Each of these rates is a combined, package rate for the collection of garbage, trash, refuse and other waste and for recyclable material collection. B. Section 7B of the aforementioned franchise contract shall be amended to hereafter be and read as follows: B. Senior Citizen Residential: City and contractor agree that the initial Curbside Residential Monthly Senior Citizen Service Charge shall be $7.60, and the that the initial Backdoor Monthly Senior Citizen Service Charge shall be $10.62. In order to be eligible for these reduced senior citizen rates, the customer must fill out an application for such rates at City Hall, and present proof that the customer is at least age sixty-five (65) in order for such application to be approved. C. • Section 7C of said franchise contract shall be amended to impose commercial monthly customer service charges as listed on Exhibit "A" attached hereto and incorporated herein. D. Section 7D of the aforementioned franchise contract shall be amended to hereafter be and read as follows: D. Revisions: Contractor shall attempt to maintain the rates stated herein during the term of this agreement. On January 1, 1996, and annually thereafter, the rates stated herein, or as they exist on said date, shall increase in an amount equal to eighty-five percent (85%) of the CPI, but limited to no more than five percent (5%) increase in residential rates and 10% increase in commercial rates. For the purposes of this agreement, "CPI" is defined as the U.S. Department of Labor Statistics Consumer Price Index. Contractor shall submit a letter requesting such rate increases annually to the City Manager, specifying the rates requested. • ORDINANCE NO. 7 4 6- 9 5 PAGE 2 • -All CPI-based rate increases contemplated under this section are due to increases in operational costs, and do not include any possible increases due to increases in disposal fees, mandatory taxes, or in fees required by state, federal and local rules and regulations. If any of said mandatory taxes or fees required by state, federal or local rules and regulations are increased, and if Contractor desires a rate increase as a result thereof, Contractor shall make a written request therefor containing documentation satisfactory to the City Manager concerning any increase in such fees or taxes. Upon submission of such documented request by the City manager, the City Council may, in its discretion, consider such request and, if considered, may either approve, deny or modify such rate increase, in the City Council's sole discretion. Contractor shall only be permitted to submit one rate increase request based on increased disposal fees, such request may only be made to be effective in January of 1997, and such requested increase shall be limited to a maximum of 7.5% of the current disposal rate of $5.30 per cubic yard and to a maximum increase of $.15 per month per residential customer, under current volume. II. Saving Clause. That the December 20, 1990 franchise contract between Laidlaw Waste Systems, Inc. and the City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. III. • Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas; provided, however, that the revised charges imposed hereby shall become effective on June, 1, 1995, which charges shall be reflected on billings first occurring July 1, 1995. PRESENTED, GIVEN FIRST READING at a regular meeting of the Richland Hills City Council on the 28th day of February, 1995, GIVEN SECOND READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 2 3rd of MaY 1995, by a vote of 4 ayes, ~ nays, and 1 abstentions. APPROVED: • . F. Kelley, Mayor ORDINANCE NO. 7 4 6- 9 5 PAGE 3 • ATTEST: 1 Terri Willis, C1ty Secretary VED AS TO FORM ~ND LEGALITY: ~ Paul . Wieneskie, City Attorney mlib252/bh1052695 • ORDINANCE NO. 7 4 6- 9 5 PAGE 4 EXHIBIT A • LAIDLAW WASTE SY3TEM5 FRANCHISED CITY 1tATES CIAL FRONT-LOAb RATES 'c s P r Week CONTAINER SIZE 1 3 4 6 A CKUPS 2yd $37.02 S 59.68 $ 83.70 5106.36 $130.39 5]54.41 S 1236 3yd $51.08 $ 68.64 $120.42 S156.45 $189.75 $229.20 $ ]a.4G 4yd $69.2.3 $114.54 $161.22 $207.90 $254SR $305.36 $ 1427 6yd $82.33 $151.68 $193.72 5264.55 $335.12 S392.]7 $ 28.90 8yd $107.72 $198.35 $272.b1 5349.54 $421.10 $495.35 $ 3856 Note: C'-ontaincrs with crste~rs 56.00 ca~trajmo. Containers with locks $2.40 exirajmo. COMMERCIAL ROLL-OPF RATES CONTAINER DELiVBRY DAILY Lpgp SIZt3 FEE CHARGB CHARGE D&P • 20yd 563.00 53,00 580.00 +diasp $210.00 25yd $63.00 53.00 S80.00 +disp $210.00 30yd $63.00 53.00 $80.00 +disp 5'210.00 35yd $63.00 $3.00 380.00 +diap $210.00 40yd $G3.00 $3.00 $80.00 +disp $210.00 Commercial Hand ollg~tion Maximum ~f four (4) thirty (30) gallon cans per collection (collected twice per week) -526.30 per month.