From
Patricia D. B. Redfearn
Title
Second and final reading and adoption of an ordinance of the City of Grand Prairie, Texas, amending Chapter 26, Utilities and Services,” of the Code of Ordinance of the City of Grand Prairie, Texas by amendment of Article VI, “Garbage Collection and Disposal,” Sections 26-113 Residential Fees, 26-115 Commercial Fees, and 26-117 Hauling By Individual; permit; making this amendment cumulative; repealing all ordinances in conflict herewith; providing a savings clause, severability clause, and a penalty clause; and providing for an effective, after publication, of October 1, 2020
Presenter
Patricia D. B. Redfearn, Ph.D., Solid Waste and Recycling Manager
Recommended Action
Approve
Analysis
Since 1962, the company currently doing business as Republic Services of Arlington has provided solid waste collection services for the City of Grand Prairie. The current franchise agreement between Republic Services and the City permits Republic Services to request fee increases. For FY2021, Republic Services is requesting an increase to the “per household/ per month” rate of $0.22. Republic is also requesting to increase the industrial disposal rate to $37.65, the industrial haul rate to $154.50 per haul and the industrial delivery fee to $71.00. This ordinance change will make these new rates effective October 1, 2020, after the second reading and approval.
Financial Consideration
There will be no impact on the City’s budget, the rate is a pass through.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER 26, "UTILITIES AND SERVICES" OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS, BY THE AMENDMENT OF ARTICLE VI, "GARBAGE COLLECTION AND DISPOSAL," Sections 26-113 Residential Fees, 26-115 Commercial Fees, and 26-117 Hauling By Individual; permit; MAKING THIS AMENDMENT CUMULATIVE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE, SEVERABILITY CLAUSE, AND A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, AFTER PUBLICATION, OF OCTOBER 1, 2020
WHEREAS, the City has an interest in protecting public health through the proper collection and
disposal of solid waste;
WHEREAS, the City has the authority to regulate residential and commercial solid waste collection rates;
WHEREAS, Republic Services has requested an increase in certain fees;
WHEREAS, increases to residential services and certain roll-off or compactor commercial services are reasonable and within the market range;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter 26, Article VI, “Garbage Collection and Disposal” Sections 26-113, 26-115, and 26-117 are hereby amended to read as follows:
Sec. 26-113. - Residential fees.
(a) The collection and removal of garbage and trash in disposable containers from premises used for residential purposes shall be made two (2) times per week (and collection of recyclables shall be made one (1) time each week). The fair and reasonable charge for such service is hereby determined to be sixteen dollars and fifty-seven cents ($16.57) per residential unit for each calendar month, and the charges shall accrue for each month or portion thereof during which the service is available and provided to the customer. Eligible for a one-dollar ($1.00) discount are water account customers aged sixty-five (65) and older with the account in the senior citizen's
name and certified by ad valorem tax exemption, and permanently disabled customers eligible for transportation with city services for the disabled with the account in the disabled citizen's name. When a customer has an active water bill account with the city, the charges shall be due and payable simultaneously with charges for water service.
Residential curbside services franchise collection rate……$7.67
(b) Non-senior citizen residents and certified senior and disabled citizens with an active account who opted out of the recycling program prior to July 31, 2000 shall be charged a fee of fourteen dollars and fifty-seven cents ($14.57) per residential unit for each calendar month, and the charges shall accrue for each month or portion thereof during which the service is available and provided to the customer. When a customer has an active water bill account with the city, the charges shall be due and payable simultaneously with charges for water service.
(c) A person who fails to pay residential solid waste fees shall be subject to the termination of collective service. Additionally, the failure to pay fees shall be an offense subject to the enforcement provisions contained in section 26-123.
Sec. 26-115. - Commercial fees.
(a) Charges-Commercial Cart Service. Commercial cart service is available to small commercial customers whose service address is located on Main Street or Jefferson Street. The fair and reasonable monthly charges for small commercial rolling carts are determined to be as follows:
Number of rolling carts emptied twice per week (maximum 2):
One cart $29.19
Two carts $39.41
(b) Charges Commercial Bag Service. Commercial bag service is available to small commercial customers who do not qualify for commercial cart service. Fair and reasonable charges for commercial bag service are hereby determined to be twenty-four dollars and nineteen cents ($24.19) for the first cubic yard or portion thereof and twelve dollars and twenty-eight cents ($12.28) for each additional cubic yard per month.
(c) Charges-Commercial-type containers. As an alternative to the collection methods and charges provided in subsection (a) above, commercial, institutional and industrial customers may dispose of garbage and trash by means of approved commercial-type containers. Additionally, multifamily residential complexes may employ commercial-type containers for garbage and trash collection in the same manner as commercial, institutional and industrial customers. For the purposes of this section only, town homes organized as nonprofit homeowner associations and consisting of a minimum of four hundred (400) dwelling units may be considered multifamily residential complexes when such nonprofit status has been verified by the city attorney and the finance director upon submittal by the nonprofit homeowners association of a full financial disclosure statement showing detailed revenues and expenses to demonstrate the nonprofit status of the association. "Town homes" means two (2) or more adjoining single-family attached dwellings in which there is a separate, real property interest in each dwelling unit and the common areas are owned by the nonprofit homeowners association or by each dwelling unit
owner through an undivided interest in common with all other dwelling unit owners.
(d) The fair and reasonable charges for commercial service are determined to be as following:
All charges provided are monthly charges unless specified otherwise.
Two (2) cubic yards-Dumps per week:
1 $ 80.64
2 $ 124.33
3 $ 171.15
4 $ 196.52
5 $ 274.00
6 $ 356.10
Extra $ 23.18
Four (4) cubic yards:
1 $ 124.33
2 $ 184.30
3 $ 253.41
4 $ 324.11
5 $ 396.36
6 $ 517.60
Extra $ 32.57
Eight (8) cubic yards:
1 $ 184.30
2 $ 310.36
3 $ 381.23
4 $ 495.07
5 $ 625.68
6 $ 791.62
Extra $ 54.44
Front loader packers:
Four (4) cubic yards:
1 $ 161.72
2 $ 323.42
3 $ 483.62
4 $ 649.94
5 $ 810.14
6 $ 971.85
Extra $ 35.28
Six (6) cubic yards:
1 $ 241.79
2 $ 485.20
3 $ 730.04
4 $ 971.85
5 $ 1,215.25
6 $ 1,458.57
Extra $ 53.02
Eight (8) cubic yards:
1 $ 319.91
2 $ 642.96
3 $ 961.36
4 $ 1,283.42
5 $ 1,605.92
6 $ 1,924.34
Extra $ 74.38
Roll-offs:
Twenty (20) cubic yards, roll-off:
Per pickup $ 154.50
Lease charge, per month $ 139.66
Thirty (30) cubic yards, roll-off (open top):
Per pickup $ 154.50
Lease charge, per month $ 175.61
Thirty (30) cubic yards, roll-off (closed top):
Per pickup $ 154.50
Lease charge, per month $ 298.06
Thirty (30) cubic yards-Compactor:
Per pickup $ 154.50
Lease charge, per month Variable
Forty (40) cubic yards, roll-off (open top):
Per pickup $ 154.50
Lease charge, per month $ 215.43
Forty-two (42) cubic yards-Compactor:
Per pickup $ 154.50
Lease charge, per month Variable
Additional charges:
Container with casters, per month $ 4.61
Container inside fence/container-pickup $ 1.53
Additional Yardage Fee $ 14.62 per yard for overflowing dumpster
South of I-20 Charge - Front loaders $ 15.29 per month
South of I-20 Roll-off $ 16.21 per trip
Placement or Relocation Fee $ 67.29
Obstruction Charge - Front load- Equal to extra dump fee for customers’ container
Obstruction Charge - Roll Off $ 71.63
Containers that have been burned:
|
Yards |
Fee |
Yards |
Fee |
|
2 |
$67.04 |
30 |
$229.39 |
|
4 |
$88.74 40 |
40 |
$310.45 |
|
8 |
$113.17 |
|
|
|
20 |
$155.95 |
|
|
(e) Obstruction charge. The charge for an extra pickup will be assessed to all commercial accounts that have obstructions in front of containers on the day of pickup that result in return-trips, and also the same charge shall apply for containers being picked up for past due
billings.
(f) Placement charge-Commercial-type containers. There shall be a charge of seventy-one dollars ($71.00) for the original placement of a container and such charges shall apply if the container must be removed and replaced as result of nonpayment of the customer's bill.
(g) Deposit. There shall be a customer deposit for service in the amount of one (1) month's bill for service as determined by the agreement between customer and collector to provide service pursuant to this chapter.
(h) Landfill fees. Landfill fees for roll-off containers shall be thirty-seven dollars and sixty-five cents ($37.65) per ton, unless modified by a contract with the city.
(i) Refund policy. Household and commercial customers who have been charged by the City of Grand Prairie for the incorrect collection services rate may be credited for up to six (6) months of overcharges. The credit given will be the difference between the correct month rate and monthly rate actually charged and paid, multiplied by the number of months involved to a maximum of six (6) months. No credit will be given for overcharges that are more than twelve (12) months old.
Sec. 26-117. - Hauling by individual; permit.
(a) Permit required: This article shall not be construed to prohibit any person from disposing of such person's own garbage, trash or refuse from within the city or to prohibit any such person from utilizing the landfill facilities maintained by the city; provided, however, that before engaging in such activity, any such person shall make application to the city for a permit to do so; and, provided further, however, that such permit shall not be necessary in order for any regular customer of the city garbage department or its garbage disposal contractor/franchisee to dispose of such person's own garbage in order to expedite or facilitate the maintenance and the cleanliness of such person’s own premises. Such permit, if issued, shall be effective from January 31 to January 31, and each permit issued after that date will be prorated for the balance of the year.
(b) Conditions of issuance: Such permit shall not be issued unless:
(1) Fee: The applicant thereof pays a fee commensurate with the amount that would be charged for one (1) month's garbage collection service for the amount of garbage or rubbish proposed to be hauled or disposed of by the applicant as based on the charges hereinafter set out. The determination of the amount of the garbage to be hauled by the applicant shall be stated on the application, and shall be subject to the approval and/or revision upon inspection by the local regulatory authority at any time during the time such permit shall be in force.
(2) Insurance: The applicant has in force and effect a policy of public liability insurance, with the city named as coinsured, in an amount of not less than twenty thousand dollars ($20,000.00) for injury to one (1) person, twenty thousand dollars ($20,000.00) for injuries in any one (1) accident, and property damage insurance in an amount of not less than five thousand dollars ($5,000.00) for injuries or damages to any person arising from the use by applicant of the aforesaid dump ground facilities. The applicant shall furnish a certificate evidencing such insurance coverage, which shall provide that it shall not be cancelled except on ten (10) days'
notice in writing to the city.
(3) Hold harmless and indemnify: The applicant shall sign an agreement to save and hold the city harmless from any and all claims, demands, causes of action or suits which may arise out of his operation of hauling his own garbage, trash and debris and shall indemnify the city for any loss which it may suffer from its activities hereunder, and it shall be no defense to this indemnity to
contend or plead that the fault is that of the city, its agents or employees.
(c) Independent school district exception: Any independent school district located within the city which wishes to haul its own garbage shall comply with all conditions and requirements of this section and the city's ordinance related to the use of its landfill except for subsection (b)(2) requiring the provision of insurance.
(d) Cancellation: Any permit issued under the terms hereof shall be cancelled by the solid waste manager upon violation by the holder thereof of any of the terms of this section or of any other section of this Code relating to the hauling of garbage and trash.
SECTION 2. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision and such holding shall not affect validity of the remaining portions thereof.
SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 4. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for damage that may accrue to person or property as a result of any act required or permitted in the discharge of said duties.
SECTION 5. That Chapter 26, “Utilities and Services,” of the Code of Ordinances of the City of Grand Prairie, Texas, as amended shall be and remain in full force and effect save and except as amended by this Ordinance.
SECTION 6. That a violation of any provision of this Ordinance shall be a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas.
SECTION 7. That this ordinance shall be effective, after publication, on October 1, 2020.
FIRST READING OF THE ORDINANCE IS PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, SEPTEMBER 1, 2020.