HomeMy WebLinkAboutOrdinance No. 2024-09 ORDINANCE NO. 2024-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, CONSENTING TO THE RATE ADJUSTMENT
REQUESTED BY WASTE CONNECTIONS OF TEXAS, LLC, D/B/A WASTE
CONNECTIONS OF TEXAS, TO OFFSET ITS INCREASED COST IN
CONNECTION WITH PERFORMING SERVICES UNDER THE FRANCHISE
AGREEMENT FOR THE COLLECTION, HAULING, RECYCLING AND
DISPOSAL OF MUNICIPAL SOLID WASTE AND RECYCLABLE
MATERIALS IN THE CITY OF FRIENDSWOOD; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN
CONFLICT HEREWITH;PROVIDING FOR SEVERABILITY,PUBLICATION
AND AN EFFECTIVE DATE.
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WHEREAS,on March 4,2022,the City Council authorized on its second and final reading
the Franchise Agreement for the Collection, Hauling, Recycling and Disposal of Municipal Solid
Waste and Recyclable Materials in the City of Friendswood (the "Franchise Agreement") with
Waste Connections of Texas, LLC,d/b/a Waste Connections of Texas ("Waste Connections") for
a term of three(3)years,commencing on April 1, 2022; and
WHEREAS,the Franchise Agreement provides for two annual adjustments—one to offset
Waste Connections' increased cost in connection with performing services under the Franchise
Agreement (the "Rate Adjustment") and the other to reflect the cost of fuel, based prescribed
formula and the U.S.Energy Administration/Department of Energy published price for Diesel Fuel
- Gulf Coast Region(the "Fuel Cost Adjustment"); and
WHEREAS, on December 20, 2023, Waste Connections requested the following rate
increases:
Adjustment adjustment
Rate Adjustment 6.7%
Fuel Cost Adjustment 0.94%
; and
WHEREAS, pursuant to Section 10 of the Franchise Agreement, in order for the Rate
Adjustment to take effect,the City Council must approve the same; and if the City fails to consent
to the increase after Waste Connections demonstrates that such an increase is necessary to offset
its costs,Waste Connections may terminate the Franchise Agreement; and
WHEREAS, the City Council believes that Waste Connections has demonstrated that the
Rate Adjustment based upon the CPI-U is necessary in order to offset its costs of providing services
pursuant to the Franchise Agreement; and
WHEREAS,the City Council recognizes that no approval of the Fuel Cost Adjustment is
required so long as the same is consistent with the formula prescribed in the Franchise Agreement;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this ordinance are hereby
found to be true and correct.
Section 2. The City Council of the City of Friendswood hereby consents to the Rate
Adjustment of 6.7%, as requested by Waste Connections of Texas, LLC, d/b/a Waste
Connections of Texas,in order to offset its increased cost in connection with performing services
under the Franchise Agreement for the Collection, Hauling, Recycling and Disposal of
Municipal Solid Waste and Recyclable Materials in the City of Friendswood. This Rate
Adjustment along with the Fuel Cost Adjustment shall be effective for the first billing cycle after
April 1, 2024. The rates with these adjustments are reflected in the schedule which is attached
as Exhibit"A" and incorporated herein for all intents and purposes.
Section 3. All ordinances or parts of ordinances in conflict or inconsistent with this
ordinance are hereby expressly repealed.
Section 4. In the event any clause,phrase,provision,sentence,or part of this ordinance
or the application of the same to any person or circumstance shall for any reason be adjudged
invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this ordinance as a whole or any part or provision hereof other than the part declared to
be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares
that it would have passed each and every part of the same notwithstanding the omission of any
such part thus declared to be invalid or unconstitutional, whether there be one or more parts.
Section 5. This ordinance shall take effect immediately from and after its passage on
second reading by the City Council of the City of Friendswood, Texas.
INTRODUCED,READ,AND PASSED on first reading by the affirmative vote of the City
Council of the City of Friendswood this 5th day of February, 2024.
IKE F N, Mayor
ATT �,T: /
• 10
/ I '/ OF F RIEN„
6'
LETICIA BRYSCH, Ci -tary V r e `,, lea
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APPROVED AS TO FO'I : N„,,,,,
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KS(5)r/MI5t
KAREN L. HORNER, City Attorney
2
INTRODUCED, READ, AND PASSED by the affirmative vote of the City Council of
the City of Friendswood on second and final reading this 4th day of March, 2024.
F 4 RE•AN, Mayor
ATT T:
OFFR/FN
LE ILIA BRYSCH, City Sip ry -1 O
Vh Y f
APPROVED AS TO FORM: NET
Op-rci,
KAREN L. HORNER, City Attorney
H:\City Council\Ordinances\2024\02-05-2024\Ordinance-Franchise Rate Increase.docx
3
Exhibit A
City of Friendswood
Solid Waste Schedule
Effective April 2024
Rate Increase of 7.64%
2024
Total Residential Bag-96 gal Cart/18 gal Recycle Bin $17.41 per month
Additional 18 gallon recycle bin $8.54 per month
Total Residential Bag-96 gal Cart/96 Gal Recycle Cart $18.73 per month
Light Commercial Collection lx Week $41.85 per month
Light Commercial Collection 2x Week $62.78 per month
Commerical Rate Schedule
Lifts Per Week
Container
Size 1 2 3 4 5 6 Extra-Lifts
95 Gal
Container $ 41.78 $ 62.67
2 Cubic Yd. $ 102.43 $ 121.07 $ 204.69 $ 286.36 $ 375.64 $ 473.00 $ 19.22
3 Cubic Yd. $ 117.61 $ 154.38 $ 285.82 $ 399.84 $ 524.46 $ 660.43 $ 28.83
4 Cubic Yd. $ 118.07 $ 155.29 $ 287.20 $ 401.67 $ 526.77 $ 663.16 $ 38.43
6 Cubic Yd. $ 133.65 $ 240.98 $ 349.51 $ 459.89 $ 582.47 $ 698.86 $ 57.64
8 Cubic Yd. $ 236.08 $ 364.04 $ 466.04 $ 621.26 $ 793.80 $ 953.71 $ 76.83
Extras Extra Lifts
Type of Container Per Extra
Container Monthly Cost Size Lift
Container w/Casters $ 6.63 95 Gal n/a
Containers with Locks or C $ 9.95 2 cubic yds. $ 19.22
Recy Container-6 cubic yt $ 92.87 3 cubic yds. $ 28.83
Recy Container-8 cubic yt $ 112.77 4 cubic yds. $ 38.44
6 cubic yds. $ 57.64
8 cubic yds. $ 76.83