From
Patricia D. B. Redfearn, Ph.D.
Title
Second and final reading of an ordinance of the City of Grand Prairie, Texas, amending the Utilities and Services Chapter of the Code of Ordinances of the City of Grand Prairie, Texas by amendment of Article VI relating to the regulation of garbage collection and disposal within the city; making this ordinance cumulative; containing a Savings Clause, providing a Serverability Clause; repealing all ordinances or parts of ordinances in conflict herewith; and to become effective upon its passage, approval and publication
Presenter
James R. Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
For several years the City of Grand Prairie has utilized the company currently doing business as Republic Waste Services of Texas Ltd. as the franchised solid waste hauler. The franchise agreement between the two entities allows for a rate increase request to be brought forward, if necessary, once per year on or before the first day of May. On May 1, 2016, Republic Waste Services of Texas Ltd. delivered a letter to the City requesting a 5% rate increase for both residential and commercial customers. That request has been evaluated by staff and was deemed justifiable. Additionally, the residential rate has been increased by an additional $.40 to cover increases in the costs of city provided services, such as, brush collection, litter collection, street sweeping and landfill operations.
It was presented to the Finance and Government subcommittee on July 27, 2016.
...Financial Consideration
Funding for this item is reflected in the FY 2016/2017 Proposed Solid Waste Operating Fund Budget.
...Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER 26, UTILITIES AND SERVICES" CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS BY THE AMENDMENT OF ARTICLE VI, "GARBAGE COLLECTION AND DISPOSAL," RELATING TO THE REGULATION OF GARBAGE COLLECTION AND DISPOSAL WITHIN THE CITY; PROVIDING FOR AN INCREASE IN RESIDENTIAL AND COMMERCIAL GARBAGE FEES; MAKING THIS ORDINANCE CUMULATIVE; CONTAINING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND TO BECOME EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION
WHEREAS, the City has an interest in protecting public health through the proper collection and disposal of solid waste; and
WHEREAS, the City has the authority to regulate residential and commercial solid waste collection rates.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter 26, Article VI, Section 26-113 of the official code of the City of Grand Prairie, Texas is 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 each 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 fifteen dollars and ten cents ($15.10) 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.
(b) Nonsenior 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 thirteen dollars and ten cents ($13.10) 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 collection service. Additionally, the failure to pay fees shall be an offense subject to the enforcement provisions contained in Section 26-123.
SECTION 2. That Chapter 26, Article VI, Section 26-115 of the official code of the City of Grand Prairie, Texas is hereby amended to read as follows:
Sec. 26-115. - Commercial fees.
(a) Charges-Disposable containers. Fair and reasonable charges for the collection and removal of garbage and trash from the premises of commercial, institutional and industrial customers, when the garbage and trash is in approved containers (disposable plastic bags), are hereby determined to be twenty-three dollars and nineteen ($23.19) for the first cubic yard or portion thereof and eleven dollars and three cents ($11.03) for each additional cubic yard per month.
(b) Charges-Commercial-type containers. As an alternative to the collection methods and charges provided in subsection (a) above, commercial, institutional and industrial customers may dispose of garbage and trash by means of approved commercial-type, portable containers. Additionally, multifamily residential complexes may employ commercial type containers for garbage and trash collection in the same manner as commercial, institutional and industrial customers. For the purposes of this section only, town homes organized as nonprofit homeowner associations and consisting of a minimum of four hundred (400) dwelling units may be considered multifamily residential complexes when such nonprofit status has been verified by the city attorney and the finance director upon submittal by the nonprofit homeowners association of a full financial disclosure statement showing detailed revenues and expenses to demonstrate the nonprofit status of the association. "Town homes" means two (2) or more adjoining single-family attached dwellings in which there is a separate, real property interest in each dwelling unit and the common areas are owned by the nonprofit homeowners association or by each dwelling unit owner through an undivided interest in common with all other dwelling unit owners.
(c) The fair and reasonable charges for commercial service are determined to be as following:
Two (2) cubic yards-Dumps per week:
1 .....$ 72.44
2 ..... 111.68
3 .....153.73
4 .....176.53
5 .....246.13
6 .....319.87
Extra .....20.82
Four (4) cubic yards:
1 .....$ 111.68
2 .....165.55
3 .....227.63
4 .....291.13
5 .....356.04
6 .....464.94
Extra .....29.26
Eight (8) cubic yards:
1 .....$ 165.55
2 .....278.79
3 .....342.44
4 .....444.71
5 .....562.02
6 .....711.09
Extra .....48.90
Front loader packers:
Four (4) cubic yards:
1 .....$ 145.27
2 .....290.52
3 .....434.42
4 .....583.82
5 .....727.72
6 .....872.98
Extra .....31.69
Six (6) cubic yards:
1 .....$ 217.19
2 .....435.84
3 .....655.77
4 .....872.98
5 .....1,091.62
6 .....1,310.18
Extra .....47.63
Eight (8) cubic yards:
1 .....$ 287.37
2 .....577.55
3 .....863.56
4 .....1,152.86
5 .....1,442.55
6 .....1,728.57
Extra .....66.82
Roll-offs:
Twenty (20) cubic yards, roll-off:
Per pickup .....$ 122.26
Lease charge, per month .....$130.00
Thirty (30) cubic yards, roll-off (open top):
Per pickup .....$ 122.26
Lease charge, per month .....$163.46
Thirty (30) cubic yards, roll-off (closed top):
Per pickup .....$ 122.26
Lease charge, per month .....$277.44
Thirty (30) cubic yards-Packer:
Per pickup .....$ 122.26
Lease charge, per month .....Variable
Forty (40) cubic yards, roll-off (open top):
Per pickup .....$ 122.26
Lease charge, per month .....$200.52
Forty-two (42) cubic yards-Packer:
Per pickup .....$ 122.26
Lease charge, per month (receiver body only) .....Variable
Additional charges:
Container with casters, per month .....$ 4.14
Container inside fence/container-pickup .....$1.37
Mileage (south of I-20):
Front loaders, per month .....$13.73
Roll-off, per trip .....$15.09
Overflowing container, per trip……$13.13
Brush Chipper - Residential ......$77.25 per hour, 1 hour minimum
Brush Chipper - Commercial.......$103.00 per hour, 1 hour minimum
Containers that have been burned:
Yards Fee Yards Fee
2 $ 60.22 15 $ 140.08
4 $ 79.71 30 $ 206.05
8 $ 101.66 40-OT $ 278.86
12 $127.76 42-PKR $332.40
(d) 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.
(e) Placement charge-Commercial-type containers. There shall be a charge of sixty dollars and forty-five cents ($60.45) for the original placement of a container and such charge shall apply if the container must be removed and replaced as result of nonpayment of the customer's bill.
(f) 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.
(g) Landfill fees. Landfill fees for roll-off containers shall be thirty-five dollars and twenty-two cents ($35.22) per ton, unless modified by a contract with the city.
(h) 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.
SECTION 3. 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 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 5. 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 persons or property as a result of any act required or permitted in the discharge of said duties.
SECTION 6. That this ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 6TH DAY OF SEPTEMBER, 2016.