17-05 O - Amending Fee Schedule for Solid Waste & Recycling Fees TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-05
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S
CODE OF ORDINANCES BY REPEALING EXISTING SECTION XI THEREOF,
ENTITLED "RATES FOR COLLECTION OF SOLID WASTE AND
RECYCLABLES," AND REPLACING IT WITH A NEW SECTION XI, "RATES
FOR COLLECTION OF SOLID WASTE AND RECYCLABLES"; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, on or about October 25, 2016, the Town of Prosper, Texas ("Town"),
entered into an Exclusive Franchise Agreement for the Collection, Hauling, Recycling and
Disposal of Municipal Solid Waste, Construction and Demolition Waste, and Recyclable
Materials ("Exclusive Franchise Agreement") with Progressive Waste Solutions of TX, Inc.,
d/b/a WC of Texas; and
WHEREAS, the Town Council ("Town Council") has determined that its fees for the
collection of solid waste and recyclables, contained in Section XI of Appendix A to the Town's
Code of Ordinances, should be revised to reflect the current fees to be collected pursuant to the
recently adopted Exclusive Franchise Agreement; and
WHEREAS, the Town Council has previously approved the rates contained in the
Exclusive Franchise Agreement; and
WHEREAS, the Town Council finds and determines that it will be advantageous,
beneficial and in the best interests of the citizens of Prosper to repeal existing Section XI,
"Rates for Collection of Solid Waste and Recyclables," of Appendix A, "Fee Schedule," of the
Code of Ordinances of the Town and adopt a new Section XI, "Rates for Collection of Solid
Waste and Recyclables."
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct factual and legislative
determinations of the Town of Prosper and are hereby approved and incorporated into the body
of this Ordinance as if copied in their entirety.
SECTION 2
From and after the effective date of this Ordinance, existing Section XI, "Rates for
Collection of Solid Waste and Recyclables," of Appendix A, "Fee Schedule," of the Code of
Ordinances of the Town is hereby repealed in its entirety and replaced with a new Section XI,
"Rates for Collection of Solid Waste and Recyclables," to read as follows:
Ordinance No. 17-05,Page 1
"Sec. XI Rates for Collection of Solid Waste and Recyclables
(a) Single-Family Residential Unit Services. For the Services provided to Single-Family
Residential, the Town's Service Provider shall charge the following fees for all Single-Family
Residential Units that are located within the corporate limits of the Town, and billed by the Town
for utility services:
(1) $7.95 per month for each Single-Family Residential Unit utilizing one (1) Solid
Waste Poly-Cart;
(2) $2.61 per month for each Single-Family Residential Unit utilizing one (1)
Recycling Container;
(3) $4.41 per month for each additional Solid Waste Poly-Cart utilized by such
Single-Family Residential Unit; and
(4) $1.12 per month for each additional Recycling Container utilized by such Single-
Family Unit.
(b) Commercial Cart. Collect Unit Services. For the Services provided to Commercial Cart
Collect Units, the Town's Service Provider shall charge the following fees for all Commercial
Cart Collect Units that are located within the corporate limits of the Town and billed by the Town
for utility services:
(1) $17.50 per month for each Commercial Cart Collect Unit utilizing one (1) Solid
Waste Poly-Cart;
(2) $23.28 per month for each Commercial Cart Collect Unit utilizing two (2) Solid
Waste Poly-Carts;
(3) $2.61 per month for each Commercial Cart Collect Unit utilizing one (1)
Recycling Container;
(4) $11.67 per month for each additional Solid Waste Poly-Cart utilized by such
Commercial Collect Unit; and
(5) $1.12 per month for each additional Recycling Container utilized by such
Commercial Cart Collect Unit.
(c) Commercial. Industrial and Multi-Family Residential Unit Municipal Solid Waste
Services.
(1) For the Services provided to Commercial, Industrial, and Multi-Family Residential
Units, the Town's Service Provider shall charge per month for each
Non-Compacted Container utilized for the collection of Municipal Solid Waste the
following rates:
Container One Two Three Four Five Six
Size Collection Collections Collections Collections Collections Collections
per Week per Week per Week per Week per Week per Week
3 Yards $60.67 $106.18 N/A N/A N/A N/A
4 Yards $72.35 $112.01 N/A N/A N/A N/A
6 Yards $89.84 $157.53 $225.05 $379.31 $474.14 $568.96
8 Yards $115.53 $192.54 $308.06 $505.74 $632.18 $758.62
10 Yards $144.41 $232.21 $389.70 $632.18 $790.23 $948.27
Ordinance No.17-05, Page 2
For any collection that the Town's Service Provider is required to make in excess of the
above weekly figures, the Town's Service Provider shall charge the following additional
rates per additional collection, per Container:
Size of Each Additional
Container Collection
3 Yards $30.00
4 Yards $35.00
6 Yards $40.00
8 Yards $45.00
(1) For the Services provided to Commercial, Industrial, and Multi-Family Residential
Units, the Town's Service Provider shall charge per month for each Compactor
Container utilized for the collection of Municipal Solid Waste the following rates:
Size Rate/Pick-Up
2 Yard $82.20 Equates to 8 yd 1 x wk
4 Yard $119.40 Equates to 8 yd 2 x wk
6 Yard $156.60 Equates to 8 yd 3 x wk
8 Yard $193.80 Equates to 8yd 4 x wk
20 Yard $360.00 Haul Rate Includes 4 Tons - Each Additional = $33/Ton
30 Yard $360.00 Haul Rate Includes 4 Tons - Each Additional = $33/Ton
32 Yard $360.00 Haul Rate Includes 4 Tons - Each Additional= $33/Ton
42 Yard $360.00 Haul Rate Includes 4 Tons - Each Additional= $33/Ton
The foregoing rates apply to all Commercial, Industrial, and Multi-Family Residential
Units that are located within the Town's corporate limits, and billed by the Town's
Service Provider.
(d) Commercial, Industrial and Multi-Family Residential Unit Recycling Services. For the
Recycling Services provided to Commercial, Industrial, and Multi-Family Residential Units that
are located within the Town's corporate limits, the Town shall bill for utility services the following
fees:
(1) $2.61 per month for each Commercial, Industrial, or Multi-Family Residential Unit
utilizing one (1) Recycling Container;
(2) $1.12 per month for each additional Recycling Container utilized by such
Commercial, Industrial, or Multi-Family Residential Unit.
Rates shall only apply to such Commercial, Industrial, and Multi-Family Residential Units
who have chosen to participate in the Town's recycling program.
(e) Additional Bulky Item/Bundle Services. For the additional Bulky Item and/or Bundles
Services provided to Single-Family Residential Units, the Town's Service Provider shall charge
the following fees:
(1) For each collection of excess Bulky Items and/or Bundles from a Single-Family
Residential Unit on the Town's Service Provider's regularly scheduled Bulky
Item/Bundle collection day, the Town's Service Provider shall charge $25.00 per
Ordinance No.17-05,Page 3
cubic yard for each cubic yard of Bulky Items and/or Bundles collected, in excess
of two (2) cubic yards from such Single-Family Residential Unit.
(2) For each collection of excess Bulky Items and/or Bundles from a Single-Family
Residential Unit not on the Town's Service Provider's regularly scheduled Bulky
Item/Bundle collection day, the Town's Service Provider shall charge $95.00,
plus $100.00 per cubic yard for each cubic yard of Bulky Items and/or Bundles
collected from such Single-Family Residential Unit.
"The cubic yardage calculation will be based on an estimate provided by a supervisor
employed by the Town's Service Provider.
(f) Roll-Off Services. Subject to adjustment by the Town's Service Provider in its sole
discretion, the Town's Service Provider shall charge for each Roll-Off utilized the following fees:
(1) $65.00 Delivery Fee
(2) $3.00 per day Rental Fee
(3) $345.00 Haul Fee (includes up to 4 tons)
(4) $ 33.00 per each additional ton in excess of 4 tons
The Town's Service Provider will enter into agreements with each Commercial, Industrial, or
Residential Unit, on an individual basis, regarding the Roll-Off Services to be provided. The
Roll-Off Services will be billed directly to such Commercial, Industrial, or Residential Unit, and
will be collected by the Town's Service Provider. The Roll-Offs provided must be located within
the Town in accordance with Town ordinances and policies.
(g) Subject to Town approval, the Town's franchise fee, the Town's administrative fee,
governmental fees, and a fuel surcharge fee may be added to the foregoing rates."
SECTION 3
Any person, firm, corporation or business entity violating this Ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not
exceeding Five Hundred Dollars ($500.00). Each occurrence in violation of this Ordinance shall
constitute a separate and distinct offense. The penal provisions imposed under this Ordinance
shall not preclude the Town from filing suit to enjoin the violation nor shall it preclude the Town
from taking such other lawful action as is necessary to prevent or remedy any violation. The
Town retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 5
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
Ordinance No.17-05,Page 4
that any and all remaining portions of this Ordinance shall remain in full force and effect. The
Town hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 6
This Ordinance shall become effective and be in full force from and after its passage
and publication, as provided by the Revised Civil Statues of the State of Texas and the Home
Rule Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS OF JANUARY, 2017.
a
Ray Smith, My or
ATTES
Robyn Baal , Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Wel h, Town Attorney
Ordinance No.17-05,Page 5