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File #: ORD-0516    Version: Name:
Type: Ordinance Status: Approved
File created: 2/13/2020 In control: City Manager Office
On agenda: 4/14/2020 Final action:
Title: Approving an ordinance on second reading with the caption reading: An ordinance of the City of Pflugerville, Texas, finding that the provision of a solid waste collection and recycling is not a public utility; amending an exclusive franchise agreement for the collection, hauling, recycling and disposal of municipal solid waste and recyclable materials; amending certain terms and conditions of the franchise grant; extending the term of the franchise; and providing an effective date.
Attachments: 1. Ordinance Amending Solid Waste Franchise Agreement, 2. First Amendment to Exclusive Franchise Agreement, 3. 2018_exclusive_franchise_agreement_Waste_Connections
Title
Approving an ordinance on second reading with the caption reading: An ordinance of the City of Pflugerville, Texas, finding that the provision of a solid waste collection and recycling is not a public utility; amending an exclusive franchise agreement for the collection, hauling, recycling and disposal of municipal solid waste and recyclable materials; amending certain terms and conditions of the franchise grant; extending the term of the franchise; and providing an effective date.

Summary
On September 12, 2017, the City Council approved an exclusive franchise agreement with Progressive Waste Solutions of TX, Inc., d/b/a Waste Connections (Company) and entered into an agreement to be effective on February 1, 2018 and conclude on January 31, 2023. Although the franchise agreement was approved as a public utility franchise, this provision is being removed at the direction of the City Attorney.

The current agreement for solid waste and recycle collection services specifies that the monthly price per residence will remain in effect through January 31, 2020 and this amount will be adjusted on February 1, 2020 and annually thereafter in accordance with the formulas provided in the agreement regarding Consumer Price Index (CPI) and fuel cost adjustments. In addition, the agreement allows for Company to petition the City for Operating Cost Adjustments beginning February 1, 2020. The Company has provided a petition to the City requesting an increase in the monthly solid waste and recycling rate due to considerable price changes in the recyclable material commodity market.

City staff has also analyzed the City's curbside Chipping program. Due to the considerable operational and administrative program costs, staff recommends transitioning the Chipping program to a pay per pickup service operated by a 3rd party. In discussions with Company, they indicated interest in providing curb-side brush removal service exceeding the bundled brush collection provided fo...

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