1994R08- CREATION OF A RECYCLING PROGRAM
RESOLUTION NO.~~-J?-5r
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF
TEXAS AUTHORIZING THE CREATION OF A
PROGRAM AND EXTENDING THE FRANCHISE
WASTE INC BY FOUR YEARS
SCHERTZ,
RECYCLING
OF ALAMO
WHEREAS, the citizens
Non-Binding referendum elected
the City of Schertz; and
of the City of Schertz
to have a recycling program
by
in
WHEREAS, an extension of the franchise agreement with
Alamo Waste Inc., was determined to be necessary for financing
purposes; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
THAT, a recycling program will commence in the City of
Schertz,-Texas on 1 January, 1995; and
THAT, each resident within the City limits of the City
of Schertz will be billed not more than $1.25 each month for
this service; and
THAT, the recycling
1996, at which time an
determine future actions on
program will expire on 31 December,
evaluation will be performed to
recycling programs; and,
THAT, the current franchise with Alamo Waste Inc., is
extended until 31 December, 2000; and the City Manager is
directed to prepare appropriate documents to codify the
extension and rate information; and,
THAT, the City Manager is authorized to enter into an
agreement with Alamo Waste Inc., following guidelines as shown
in Exhibit 1 to this resolution and to make those changes as
needed for effective implementation.
PASSED, APPROVED AND ADOPTED this the
1994.
day of Odobpr( ,
Mayor, City of Schertz, Texas
ATTEST
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Exhibit 1
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 materials 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.
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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.
company owned
offices at no
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.
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~dTl 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.
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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 provlslon shall not prohibit the Company from granting a
security interest in its land, building, and/or equipmentcr
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
originals each having
c?2/S'Tday of (!)(!7d&e-e
entered into
full force
, 1994 by:
by the parties in multiple
and effect on this the
City of :\~ert~ ,
{ ~~--
~~~ Sweatt
City Manager
Alamo Waste Incorporated
~
utierrez
Vie resident/
General Manager
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