10-F-02-Bexar Waste Amendment to Roll-Off Containers ORDINANCE NO. 10-F-02
AN ORDINANCE AUTHORIZING AN AMENDMENT TO CITY
ORDINANCE 07-F-07, AS AMENDED, RELATING TO THE FRANCHISE
OF CIBOLO WASTE, INCORPORATED, DBA BEXAR WASTE INC.,
FOR MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL
RELATING TO TEMPORARY AND PERMANENT ROLL-OFF
CONTAINERS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is in the public interest and necessary to protect the health and safety of
the citizens of Schertz to have a municipal solid waste collection and disposal franchise service
in the City of Schertz, Texas; and
WHEREAS, the City has, by Ordinance No. 07-F-07, as amended, awarded a solid waste
collection and disposal franchise (the "Franchise") to Cibolo Waste, Incorporated, dba Bexar
Waste, Inc. (the "Franchisee"); and
WHEREAS, the City has requested an amendment to the use of temporary and permanent
roll-off containers under the Franchise.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
I
That Section 6. TEMPORARY AND PERMANENT ROLL OFF CONTAINERS is
amended to read:
a. Rocks, waste, scrap, building materials, or other trash resulting from construction or
major remodeling; resulting from a general cleanup of vacant or improved property just prior to
its occupancy; or resulting from sizable amounts of trees, brush and debris cleared from property
in preparation for construction, will be removed by the FRANCHISEE as part of the regular
service but rates will be derived from Exhibit 1.
b. Trash or construction debris resulting from minor remodeling, roofing, brush chipping,
tree trimming, siding installation or replacement and similar construction activity which is
performed by (i) the homeowner and/or his chosen contractor or (ii) at a temporary commercial
job site in connection with minor repairs which results in trash or construction debris may be
removed daily by hauling the materials off-site; and no FRANCHISEE container will be
required.
c. When the City determines that the scope of work requires a roll off or front load
container; or a roll off or front load container is requested by the homeowner and/or his chosen
contractor; or is requested at a tempolary commercial job site, then a FRANCHISEE container
shall be required and the contents shall be hauled off by the FRANCHISEE.
50057104.1
Title: Q(~N~~ ®f~~.~-i
o•~
Notice Address:
Cibolo Waste, Incorporated Dba Bexar Waste
P.O. Box 519
Schertz, TX 78154
Attention: Henry Gutierrez
State of Texas
County of Guadalupe
This instrument was acknowledged on 2010 by Henry Gutierrez,
President of Cibolo Waste, Incorporated, a Texas oration, on behalf of such corporation.
(NOTARY SEAL)
~G
,,.k` Notary Public
BRENQA L. STAAB
MYCOMMISSIONExplRES Commission Expires ` l~
NOVEMBER 3, 2010
50057104.1
d. For the purpose of this amendment, third party is defined as someone other than the
property owner or agent or his chosen contractor that is performing the temporary work required.
e. The provisions of this Section 6 do not apply to new development or new construction.
II
Section 1. City of Schertz Ordinance No. 07-F-07, as previously amended, is hereby
amended solely to the extent set forth in this Ordinance, and Ordinance No. 07-F-07, as
previously amended, is hereby otherwise confirmed and ratified.
Section 2. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and
such holdings shall not affect the validity of the remaining portions thereof.
Section 3. This Ordinance shall be effective from and after the date of its final adoption,
acceptance by the Franchisee on page S-2, and any publication required bylaw.
III
PASSED ON FIRST READING, the St" day of January 2010.
PASSED, APPROVED, AND ADOPTED ON SECOND READING the 12th day of
January, 2010.
ayor, City of Schertz, Texas
ATTEST:
-~v`rv~
ity Secretary, City of Schertz, Texas
(Seal of City)
ACCEPTED:
CIBOLO WASTE, INCORPORATED, AS FRANCHISEE
t
By:
50057104.1