1997F6-REVISING CHAPTER 7 1/2
ORDINANCE NO.
97-r -~
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING
CHAPTER 7 1/2, HEALTH DEPARTMENT, HEALTH
REGULATIONS, EXHIBIT 3, FRANCHISE AGREEMENT AND
ATTACHMENT 1, RECYCLING AGREEMENT AND EXTENSION
OF FRANCHISE; PROVIDING AN EFFECTIVE DATE; AND,
PROVIDING A REPEALING CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION I
THAT Chapter 7 1/2, Exhibit 3 of the Code of Ordinances of
the City of Schertz, Texas be amended as follows:
"Sec. 8.01. Recycling.
A curbside recycling program will begin in the City of
Schertz on January 1, 1995 and expire on December 31, 1998.
The agreement with the Franchisee on the operation of the
program is cited as Attachment 1 to this exhibit.
SECTION II
THAT Chapter 7 1/2, Attachment 1 of the Code of Ordinances
of the City of Schertz, Texas be amended as follows:
Recycling Agreement - Para. 4
The Company agrees to provide a curbside recycling
collection program to every residential customer in the
City, such collections to be made every two weeks from each
residence.
Recycling Agreement - Para. 4.8
The recycling portion of this agreement will expire on
December 31, 1998 or sooner."
SECTION III
This ordinance shall become
approval.
effective upon date of
SECTION IV
THAT all ordinances or parts of ordinances in conflict with
this ordinance are hereby repealed.
First reading approved the .1~day of ~, 1997.
PASSED, APPROVED AND ADOPTED this the ~ day of
~, 1997.
ATTEST:
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City Secretary, City of Schertz
ATTACHMENT 1
l.
Recycling Agreement and Extension of Franchise
1. This agreement is made and entered into by and between the
City of SChertz, hereinafter called the "City", and Alamo Waste
Incorporated, hereinafter called the "Company" for the
provision of a curbside recycling service within the City
limits of the City of Schertz. A second part of this agreement
relates to the extension of the "Original Franchise" previously
awarded to the Company.
2 . Terms
recyclable
party.
Defined:
materials
Recycling means the collection of
(defined below) for resale to a third
2.1. Recyclable Materials: Recyclable Materials means;
newspapers (including "slicks"), aluminum and steel cans,
plastics (HDPE and PET), glass (all colors). Changes to this
list of ~aterials may be made by mutual consent of both parties
based on technology and market conditions and after appropriate
publicity to citizens.
2.2. Original Franchise. The Original Franchise is defined as
Ordinance 90-F-34, approved 18 December, 1990, as amended by
Ordinance 93-F-7, approved 16 February, 1993.
3. Whereas
referendum,
agreeing to
this price
agreement.
the citizens of the City have, by non-binding
elected to have a curbside recycling program,
pay not more than $1.25 per residence, per month:
will not be adjusted for the duration of this
Now therefore, both parties agree to the following terms and
conditions.
Recycling Agreement
4. The Company agrees to provide a curbside
collection program to every residential customer in
such collections to be made twice each month
residences.
recycling
the City,
from each
4.1. The Company agrees that material collected under this
recycling program will under no circumstances be disposed of in
a landfill, except those materials found to be contaiminated or
for which market conditions do not justify recycling the
material. The Company shall not be responsible for recyclable
material after delivery to a/the recycling facility/reseller.
-1-
4.2. The Company agrees to provide a suitable company owned
container for the collection of recyclable material to all
residents of the City (at no cost to the customer or the City);
4.3. The Company agrees to present to the City all proceeds
from the sale of recyclable material in the City. In addition,
the Company agrees to provide detailed records and receipts for
all recyclable material sold to include: Specific
tonnage/poundage for each type of material, price received per
ton/pound for each type of material, who purchased the
material, and any other information requested by the City in
order for the City to monitor and audit amounts payable to the
City under this paragraph. Such payments to be made on the
first business day of each month. Such records shall be
available on an as needed basis.
4.4. The Company agrees to begin this recycling program on 1
January, 1995.
4.5. The Company agrees to provide suitable
containers for recyclable materials at all city
charge to the City.
4.6. The Company agrees to produce publicity documents (with
prior City approval) about the recycling program in the form of
flyers, pamphlets, leaflets, or other similar notices, at no
cost to the customer or the City. Such publicity documents to
be provided in advance of the beginning of this program, each 6
months as a reminder to all citizens, to new residents as they
move in, and thereafter from time to time when changes or
adjustments to the program are made. Publicity documentation
will include; the materials to be collected, collection times,
specific instructions, changes to the program, and other
information to encourage maximum participation in the program.
This information may be distributed by "flyer" insert in the
city newsletter, newcomer packets, be attached to the recycling
container, or any other media agreed upon by the parties.
company owned
offices at no
4.7. The City agrees to charge and bill each residential
customer not more than $1.25 per month, per residence. The
City will pay the Company 97% of the amount billed each month.
Payments for this recycling program will be made in the same
fashion as is done under the Original Franchise Agreement, and
may be combined into a single payment.
4.8. The recycling portion of this agreement will expire on
December 31, 1996, or sooner. Upon expiration, the program
will be evaluated on its merits and a determination will be
made at that time to continue, revise, or cancel the program.
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4.9. The company agrees to operate a recycling "drop-off"
center for the convenience of Schertz citizens.
Franchise Extension
5. The City agrees to extend the Original Franchise an
additional four years under conditions cited below. The
extended franchise agreement will expire on December 31, 2000.
5.1. The company agrees to place a cap on trash collection
rates as described in the Original Franchise awarded to the
Company not to exceed 6.5% for each of the calendar years 1995
and 1996. Requested rate increases will include, within such
limit, both cost of living increases and landfill "tipping" fee
changes, and will provide complete justification for each. The
rate cap is integral to the operation of the recycling program.
5.2. The company agrees to place a cap on trash collection
rates as described in the Original Franchise awarded to the
company not to exceed 8.25% for each of the calendar years
1997, 1998, 1999, and 2000. Requested rate increases, within
such limit, for trash collection will include both cost of
living increases and landfill "tipping" fee changes, and will
provide complete justification for each.
6. This agreement is an addition to the Original Franchise
Agreement between the City and the Company, and in no way
alters the obligations of either party under the Original
Franchise Agreement.
7. This agreement, as it
terminated by minute order of
cause, effective upon sixty
Company.
relates to recycling,
the City Council, with or
(60) days written notice
may be
without
to the
7. 1. This agreement, as it relates to the Original Franchise
and the franchise extension granted herein, may be terminated
by minute order of the City Council upon a determination by the
City Council that the service provided by Company under the
remaining term of the Original Franchise or the extended term
thereof, as the case may be, is unsatisfactory. The Company
shall receive written notice from the City providing reasonable
details concerning such determination of unsatisfactory service
and shall be provided an opportunity to address the City
Council before any final termination action is taken by the
City. The City shall provide at least sixty (60) days written
notice to the Company of the proposed termination of the
Original Franchise or the extended term thereof, as the case
may be.
-3-
8. This agreement does not preclude the complete
re-negotiation of the Original Franchise agreement between the
Company and the City prior to its normal or extended expiration
date.
9. This agreement, including both the recycling provisions and
extension of the Original Franchise, may be terminated by the
City at any time during the term hereof in the event of the
sale or other disposition of ownership of the stock or assets
of the Company.
This provision shall not prohibit the Company from granting a
security interest in its land, building, and/or equipment or
the normal disposition of Company property from time to time in
the normal course of business. Termination of this agreement
by the City under the terms of this paragraph is not mandatory,
but is subject to the sole discretion of the City Council.
10. This agreement is entered into
originals each having full force
e2 /.$'7" day of t!)en/J/~ , 1994 by:
by the parties in multiple
and effect on this the
City of s<f\ertz
(- y 4.~----
;~ Sweatt
City Manager
~Al~O wa~ated
enr utierrez
Vie President/
General Manager
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PUBLISHER'S AFFIDAVIT
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THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appearedK{~ rdiL".'Y
known
to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing
[\..)d-/ LL was published in said newspaper'J
~ 1 0 Legal Notices
such
publications being on the following dates:
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and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me, this
/.'J
day of ;J (Jv'f~r'/
A.D., 19~
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Notary Public, Guadalupe County, Texas
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County of Guadalupe
PUBLISHER'S AFFIDAVIT
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THE STATE OF TEXAS,
Before me, the undersigned authority, on this date personally appeared L. A. R'O'!,iOLDS
known
to me, who, being by me duly sworn, on his oath deposes and says that he is the Fublisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing
AD was published in said newspaper
2
and a newspaper copy of which is hereto attached.
times before the return da'( named h
ORDINANCE NO. 9N'-6
By the City Council of The
City of Schertz,. Texas, pro~
viding """ 1Iie code of ordi- ORDlN~,~O: 97-F-6
nances City of Schertz By~:CitY Council of The
Texas. be amended by re: ,City of Schertz, Texas, pro-
vising Chapter 71/2, Heakh vlding that the code olordl-
Department, hea'lth regula- nances, City of Schertz,
tions exhibit 3 F h' Texas, be amended by re-
. . ranc Ise ...., Chapt 71/2 H kh
agreement, and attachment ......"ng er ,ea
1, recycling agl1l~ept and ~partment: heahh regula-
extension of franChise; pro.' tlOns, exhibit 3, Franchise
viding an "ff.ad!' '....a t.. agreement, and attachment
e """V. ,ae. 1 ~...' t d
and, providing a repealing ".......,~Inglaloreemh. en an
clause," .. extensIOn 0 ran~ Ise; pro-
Passed Add vidlng an effectIve date;
, pprove an d 'd' I'
Adopted the 4th day of Fe- an . proYI In9 a repea InO
bruaJy 1 997 clausa,
No . Alth ' Passed, Approved and
rma ouse
C'ty Be t Adopted the 4th day of Fe-
I ere aJy bruaJy. 1997,
/ Norma Atthouse
City SecretaJy
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1 ~ f) ..er 11 Notices
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publications being on the following dates:
FEBRUARY 9, 1997
FEBRUARY 13, 1997
~
Sworn to and subscribed before me, this 18th
day of
FEBRUARY
97
A.D., 19
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Notary Public, Guadalupe County, Texas
THE STATE OF TEXAS,
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PUBLISHER'S AFFIDAVIT
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared L . A. REYNOLDS
known
to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin
Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing
times before th
t
d
ed therein such
1 ~ ( LJ(pl tJotlces
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was published in said newspaper 2
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publications being on the following dates:
and a newspaper copy of which is hereto attached.
AN ORDINANCE ~ ORDINANCE
By the City Council of the By the City Council of the
City of Schertz, Texas, pro- City of Schertz, Texas, pro-
viding thet the c_ of ordi- v1ding that the .- of ordi-
nances, City of Schertz. nancea, City . of Schenz,
Texas, be amended by re- Texas, be amended by re-
vising Chapter 7112, Health vising Chapter 7112, Health
Deper1ment, health regule- Depanment, health regula-
tions, exhibit, 3, Franchlaa lions, exhibit, 3, Franchlaa
agreement, and attachment agreement, and attachment
1, recycling agreement and I, recycling agreement and
extension of franchise; pro- extension of franchise: pro-
viding an effective date; vtding a~ ~ffective d~te;
and, providing a repealing and, providing a repealong
clause. clause.
Approved on first reading on Approved on first reading on
21st day of January, 1997, 21st day of January, 1997,
Nonna Althouse Nonna Althouse
City Secrelary City Secrelary
JANUARY :<4. 1 GG7
JANUARY 30, 1997
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Sworn to and subscribed before me, this 3lst day of JANUARY
A.D., 1997
......-.............
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Notary Public, Guadalupe County, Texas