HomeMy WebLinkAboutOrdinance No. 2021-37ORDINANCE NO. 2021-37
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AMENDING ORDINANCES NO.
2012-04 AND 201646 IN ORDER TO APPROVE AN ANNUAL
RATE ADJUSTMENT AS PROVIDED FOR IN THE CITY OF
FRIENDSWOOD — PROGRESSIVE WASTE SOLUTION OF
TEXAS, INC., DB/A WC OF TEXAS (FORMERLY KNOWN
AS IESI TX CORPORATION SOLID WASTE FRANCHISE.
WHEREAS, on March 5, 2012, the City Council of the City of Friendswood, Texas passed
and adopted Ordinance No. 2012-04 granting to Progressive Waste Solution of TX, Inc., formerly
"IESI TX Corporation," ("Progressive") a franchise to provide solid waste collection and disposal
services to the residents of the City, in accordance with the terms and conditions set out in the
Agreement; and
WHEREAS, on December 5, 2016, the City Council of the City of Friendswood, Texas
passed and adopted Ordinance No. 2016-46 granting to WC of Texas (Waste Connections of Texas,
formerly Progressive Waste Solution of TX, Inc. and IESI TX Corporation) an extension of the
franchise to provide solid waste collection disposal services to the residents of the City, in accordance
with the terms and conditions set out in the Agreement; and
WHEREAS, pursuant to Section 10 of the Agreement entitled "Rate Adjustment,"
Progressive, d/b/a WC of Texas, is entitled to request an increase in the rates charged to the City for
solid waste collection services on each anniversary date of the Agreement; and
WHEREAS, WC of Texas has presented a proposed rate adjustment to the Agreement for
residential and commercial rates as set forth on Exhibit "A" attached to this ordinance; and
WHEREAS, the City Council has reviewed the proposed rate adjustment and has agreed that
the adjustment is fair and reasonable and, by this ordinance, wishes to provide for an amendment to
the Agreement in order to permit the imposition of such adjustment.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, 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. Section 9 of the Agreement entitled "Rates and Fees" is hereby amended
and, effective with City of Friendswood utility services billings generated in December 2021 the
rates for residential and commercial services provided by WC of Texas shall be in accordance with
the rates and fees set forth more particularly on Exhibit "A" attached hereto.
Section 3. This Ordinance shall in no manner amend, change, supplement or revise any
other terms or conditions of the Agreement as approved by Ordinance No. 2012-04 and Ordinance
No. 2016-46.
Section 4. In the event any section, paragraph, subdivision, 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 and every part of the same notwithstanding the
omission of any such part thus declared to be invalid or unconstitutional, or whether there be one
or more parts.
PASSED AND APPROVED on first reading this 1st day of NOVEMBER, 2021.
[ FO N, Mayor
Ord. No. 2021-37
ATTEST: ENOSIy�
O
LE CIA BRYSCH, City ecr U
STATE OFF
APPROVED AS TO FORM:
Aa)ek- J4
MAR Y IUSCHER, City Attorney
PASSED, APPROVED AND ADOPTED on second and final reading this Gth day of
DECEMBER, 2021.
ATTEST:
LETICIA BRYSCH, City Secret
APPROVED AS TO FORM:
MA(r♦�/ 1�
RY AY F CHER, City Attorney
Ord. No. 2021-37