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Ord. 0873 10-12-98ORDINANCE NO. 873 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR COMMERCIAL AND RESIDENTIAL SOLID WASTE REMOVAL SERVICES FURNISHED BY WASTE MANAGEMENT OF SOUTHEAST TEXAS, AS PROVIDED IN CHAPTER 12, ARTICLE II, SECTION 12-31 OF THE CODE OF ORDINANCES; REPEALING PREVIOUS SOLID WASTE REMOVAL RATE SCHEDULES; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH RATES FOR COLLECTION AND REMOVAL OF SOLID WASTE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. WHEREAS, Chapter 12, Article II, Section 12-31 of the Code of Ordinances of the City of Pearland, Texas provides that the rates and charges for the collection and removal of solid waste shall be determined by the City Council from time to time, and the same shall be on file in the office of the City Secretary; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain rates, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes, reflect a 4.0% increase in the fees charged by the City for the collection and removal of solid waste in the City limits of Pearland, Texas. Section 2. Declaration of Emergency. The Council finds and determines that the need to establish rates for collection and removal of solid waste inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that 1 ORDINANCE NO. 873 the rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. Section 3. Repealer. All previously adopted water and sewer rate schedules in conflict herewith shall be and are hereby repealed but only to the extent of such conflict. Section 4. Penalty. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be punished by a fine in any sum not exceeding Two Hundred Dollars ($200.00). Section 5. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 7. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. 2 ORDINANCE NO. 873 Section 8. Publication. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. Section 9. Effective Date. This Ordinance shall become effective November 1, 1998. PASSED and APPROVED on First and Only Reading this the 12TH day of October , A. D., 1998. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 sā€žā€ž TOM REID MAYOR .43 VOTING RECORD (FIRST AND ONLY READING OCTOBER 12, 1998) Voting "Aye" - Councilmembers Berger, Beckman, Seeger, and Wilkins. Voting "No" - None. Motion passes 4 to 0, with Councilmember Tetens absent. PUBLICATION DATE: OCTOBER 14, 1998 EFFECTIVE DATE: OCTOBER 24, 1998 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS EXHIBIT "A" WASTE MANAGEMENT Waste Management of Southeast Texas 1555 FM 517 WeSUP 0 Box 337 Dickinson. Texas 77539 (281) 337-2513 * (409) 763-3050 October 1, 1998 City of Pearland Paul Graham, City Manager 3519 Liberty Drive Pearland, Texas 77581 Dear Mr. Graham: Under the conditions of our solid waste and recycling contract, Waste Management submits to the City of Pearland a request for increased fees based on the Galveston/Houston consumer price index. The index as of October 1, 1996 was 143 2 and as of September 1, 1998 is 147.4. We request a 4.0% increase to be effective November 1, 1998. Below is a new compensation schedule. RESIDENTIAL OLD Residential NEW $ 11.62 Residential Collections for non bundled brush. One man, & truck $ 85.00 per hour to $ 88.40 Two man crew & truck $110.00 per hour to $114.40 Three man crew & truck $135.00 to $140.40 2 Cubic Yard 1 X week 2 X week 3 Cubic Yard 1 X week 2 x week 4 Cubic Yard 1 X week 2 X week 3 X week OLD $ 46.48 $ 67.77 $ 56.57 $ 85.69 $ 65.53 $100.25 $134.99 COMMERCIAL NEW $ 48.34 $ 70.48 $ 58.83 $ 89.12 $ 68.15 $104.26 $140.39 6 Cubic Yard 1 X week 2 X week 3 X week 4 X week 5 X week 6 X week 8 Cubic Yard 1 X week 2 X week 3 X week 4 X week 5 X week 6 X week COMMERCIAL CONTINUED $ 81.22 $133.86 $169.87 $225.95 $282.01 $338.08 $ 95.78 $164.10 $225.95 $300.70 375.46 450.21 OLD NEW Caster $10.00 $10.40 Container Rollout $11.00 $11.44 Locking Device $ 5.00 $ 5.20 Dismount Fee $ 5.00 $ 5.20 Commercial Recycling 6 Cubic Yard 1 X week 2 X week 2 Cubic Yard 3 Cubic Yard 4 Cubic Yard 6 Cubic Yard 8 Cubic Yard $ 84.47 $139.21 $176.66 $234.99 $293.29 $351.60 $ 99.61 $170.66 $234.99 $312.73 $390.48 $468.22 $ 55.00 $ 57.20 $105.00 $109.20 EXTRA DUMP RATES .......:::::::.. $ 27.14 $ 28.73 $ 31.48 $ 32.74 $ 33.64 $ 34.99 $ 37.99 $ 39.51 $ 43.42 $ 45.16 SLUDGE REMOVAL Haul Per Box $125.00 $130.00 Disposal Fee $ 7.50 $ 7.80 28 Cubic Yard 40 Cubic Yard Front Load FEE FOR TRASH COMPACTOR $298.00 $309.92 $315.00 $327.60 $ 7.22 $ 7.51 Rental Fee 20 Yard 30 Yard 40 Yard One Man Two Three 100.00 $256.00 $282.50 $309.00 CATASTROPHIC EVENTS ROLLOFF 104.00 $266.24 $293.80 $321.36 BULKY MATERIALS $ 85.00 $ 88.40 $110.00 $114.40 $135.00 $140.40 Waste Management would like to thank the City for the privilege to provide service to your citizens. We will continue to provide the very best in solid waste services. We all look forward to our continued relationships in the present and the future. Sincerely, -(/1( an Weik Municipality Rep /tbm T E X A S S 8qa UTILITY BILLING Memorandum: To: Darrin Coker, City Atty From: Missy Miller, Utility Accounts Supervisor Subject: Rate Increase for Waste Management Date: October 2, 1998 EXHIBIT Waste Management has submitted a request, dated October 1,1998, for a 4% rate increase. It is my understanding from their representative, Stan Weik, that this is to be an "across the board" increase. In checking over the new rates that were submitted I noticed that the small commercial service had been omitted. Those rates will also be increased as follows: Old Rate New Rate Small Commercial ix per week $18.47 $19.21 Small Commercial 2x's per week 26.32 27.38 In the near future we need discuss amending our current contract to better accommodate and service our "outlying" customers. cc: David Castillo, Director of Finance