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conflict herewith shall be and are hereby repealed but only to the extent of such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
sāā
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