OR 92-555 Non-exclusive franchise to Waste Management AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 92555
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
ORDINANCE 207-A, AS HERETOFORE AMENDED, THE ORDINANCE GRANTING A
NONEXCLUSIVE FRANCHISE TO WASTE MANAGEMENT OF TEXAS, INC. TO
OPERATE AND MAINTAIN THE SERVICE OF GARBAGE AND TRASH COLLECTION
WITHIN THE CITY; MODIFYING THE RATES TO BE CHARGED; DECLARING THE
RESPONSIBILITY FOR SCHEDULING AND ROUTING WASTE AND RECYCLING
COLLECTION VEHICLES AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell, Texas ("City") and Waste Management of Texas,
Inc. ("Waste Management"), entered into an agreement (the "Agreement") for garbage and
trash collection services all as more fully set forth in Ordinance 207-A, passed January
7, 1980, and first amended by Ordinance 91-504.1 on April 12, 1991; and
WHEREAS, the parties to the franchise agreement have determined that it would
be to their mutual best interest to further amend the agreement to modify the rate
increase provisions effective as of April 1, 1992, and to clarify the respective roles of the
parties in scheduling collection routes; and
WHEREAS, the parties wish to reduce their most recent agreement to writing by
the adoption of this amending ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
Section 1. As of the date of this ordinance the franchise agreement, Ordinance
207-A, as amended by Ordinance No. 91-504.1, is in full force and effect, neither party
being in any way in default thereunder to the knowledge of the other party.
Section 2. That effective as of April 1, 1992, the residential base rate will be
increased by 2.8% (100% in lieu of the 75% of C.P.I, increase provided for in the
Agreement as heretofore amended) to provide for a year round 2 and 1 pick up schedule.
Waste Management hereby waives its right to the $.50 per residence increase that was
to become effective October 1, 1992 as per the agreement as heretofore amended.
Commercial rates will remain unaffected by this Amendment and remain subject to all
scheduled adjustments. The Residential Base Rate will again be subject to the standards
75% of C.P.I. increase April 1, 1993, and each subsequent year (not to exceed 5% in any
one year).
WASTE MANAGEMENT FRANCHISE AMENDMENT Page I
Section 3. Subject to the agreement of both parties, Waste Management will
have the responsibility for scheduling and routing of its waste and recycling collection
vehicles within the City, which as per this amendment provides for solid waste pickup on
Wednesdays and Saturdays year round and recycling pick ups 5 days per week
excluding Friday and Sunday. The parties acknowledge a mutual desire to minimize the
number of days of the week such vehicles are operating within the City and will, subject
to economic considerations and mutual agreement, work to eliminate the current division
of the City into separate collection areas, ultimately achieving a weekly Saturday recycling
pickup throughout the City.
Section 4. All provisions of Ordinance 207-A, as heretofore amended, that are
not in conflict with the provisions of this ordinance, shall remain in full force and effect.
Section 5. The effective date for the new rates described in this ordinance shall
be retroactive to April 1, 1992.
Section 6. This ordinance if approved below by Waste Management of Texas,
Inc. shall take effect immediately upon its passage as the law in such cases provides.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS this
the 12th day of May , 1991.
APPROVED
Mark Wolfe
MAYOR
ATTEST:
Dorothy Timmons
CITY SECRETARY
APPROVED AS TO FORM:
Lawrence W. Jackson
CITY ATTORNEY
WASTE MANAGEMENT FRANCHISE AMENDMENT Page 2
ACCEPTED AND APPROVED:
By: Charles F. Flood, President
A~EST:
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WASTE MANAGEMENT FRANCHISE AMENDMENT Page 3