Loading...
ORDINANCE 221 " " ~ AN ORDINANCE REGULATING THE COLLECTION OF TRASH AND GARBAGE IN THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE LICENSING OF GARBAGE COLLECTORS AND ESTABLISHING STANDARDS FOR THE COLLECTION OF GARBAGE. ORDINANCE NO. ,;(.,,{ / BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Effective January I, 1971, /NO person except a duly I authorized agent or employees of the City shall empty garbage cans or trash receptacles or conveyor transport garbage or trash on the streets, alleys and public thoroughfares of the City without a written permit granted and issued by the secretary of the City of Schertz, Texas upon approval of the city council of the City of Schertz, Texas. II The application for a permit required by Section I of this ordinance shall set forth the name and address of the applicant; the trade name under which the applicant does or proposes to do business; the number of vehicles the applicant desires to operate; the class, size and design of each vehicle; whether or not the applicant has been convicted of the violation of any national, state or municipal law; whether or not the applicant or any persons with whom he has been associated or employed have a claim or judgment against him for damages re- suIting from the negligent operation of a vehicle; the fi- nancial ability and responsibility of the applicant; his ability to respond in damages in the event of damages to persons or damage to property by reason of the negligent operation of a vehicle on the streets or public thoroughfares of the City; .. the nature and character of the service the applicant proposes to render; the experience he has had in rendering such service; the patrons for whom he proposes to render this service, and such other information as the City Council may require. III Any person desiring a permit for the collection, re- moval and disposal of garbage, trash and rubbish shall make application for such permit to the City Secretary, subject to the approval of the city council. The city council shall make or cause to be made such investigation as it may consider necessary in order to determine whether or not the public convenience and necessity require the granting of such permit, and whether the applicant is a fit and proper person to conduct such business. Each person, firm or corporation granted a permit by the said City of Schertz, Texas shall pay a fee of ,for initial licensing and $25.00 thereafter annually $IO~~,~ for each calendar year of operation. Such permits shall be for a period of one year only. IV All permits granted by the City of Schertz, Texas for the collection, removal and disposal of garbage, trash and rubbish shall be non-transferable. Such permits may be re- scinded by the city council at any time when in its judgment such action is deemed to be to the best interest of the public. v In all cases where permits have been issued for the collection, removal and disposal of garbage, trash and rubbish, such permit shall be in the possession of the person rendering such service and shall be subject to inspection at all times. VI In addition to the usual enforcement agencies of the City, it is hereby made the duty of the City sanitarian to make in- spection trips at regular intervals to determine whether or not garbage, trash and rubbish is being properly collected, removed -2- '. ". and disposed of as required by the provisions of this ordinance or any other applicabThe health ordinance. In the event it is found that this ordinance or any other applicable ordinance is being violated, appropriate and timely action shall be taken to insure a full compliance with its provisions. VII The permittee shall carry the types of insurance here- inafter set out and policies reflecting same shall be deposited with the City Secretary at the time of the issuance of the permit, to-wit: (al Workman's compensation insurance covering all em- ployees of the permittee engaged in the execution of this contract. (b) Public liability insurance shall be furnished covering injury to anyone person not in excess of $100,000 and to anyone accident a total of $300,000 and damages to property for not less than $100,000 for any accident. Such insurance shall protect the permittee and the City of Schertz, Texas to any extent of liability against said City under the terms of what is known as the Torts Claims Act, Article 6252-19 V.A.C.S. VIII The said permittee shall enter into a contract in accordance with the terms of sample contract hereto attached and made a part hereof. PASSED AND APPROVED this the IT-n:v day of ()(';z;::t'M1~ 1970. W-tfW~a'" Mayor ATTEST: r;2;J ~ ~. ~t-~~ ~ . ./ Secretary -3- EXHIBIT City of Schertz Refuse Collection & Disposal Contract THE STATE OF TEXAS X COUNTY OF GUADALUPE X KNOW ALL MEN BY THESE PRESENTS: That the City of Schertz, a municipal corporation of Guadalupe County, Texas, hereinafter called "CITY", acting herein by and through its duly authorized Mayor and City Secreuary, and of Guadalupe County, Texas, hereinafter called "PERMITTEE", whether person, firm or corporation, for and in consideration of the mutual covenants and agreements herein contained, do hereby covenant and agree as follows, to-wit: I The City hereby grants to the Permittee a permit to use the public streets, alleys and thoroughfares within the cor- porate limits of the City for the purpose of engaging in the business of collecting garbage, trash and refuse for a period of one year or months from the day of , 19 , subject, however, to the limitations and conditions here- inafter specified in this agreement. . . - II The Permittee will properly collect and dispose of all garbage and trash accumulated on premises contracted to be served by Permittee within the corporate limits of the City of Schertz on which a charge for such service is made by the Permittee The Permittee will at his own cost and expense furnish all trucks, machinery, equipment, tools, superintendent, labor, insurance and other accessories necessary to efficiently and properly render such collection and disposal service. III The Permittee shall operate such service in a manner so as to prevent the scattering of garbage and trash from the Per- mittee's trucks, within the corporate limits of the City. IV The Permittee will make collections 6f garbage, trash and refuse as follows: (al At such intervals as shall be from time to time specified by the City Council of the City of Schertz, Texas. V The Permittee shall carry the types of insurance here- inafter set out and policies reflecting same shall be deposited with the City Secretary at the time of executing this Contract, to-wit: (al Workmen's Compensation Insurance covering all em- ployees of the Permittee engaged in the execution of this contract. -2- , (b) Automobile Insurance: (l) Public Liabilities - $100,000.00, anyone person. 300,000.00, anyone accident. (2) Property Damage - $lOO,OOO.OO Should the Permittee fail to keep such insurance policies paid up and current, such failure shall be grounds for the cancell- ation of this contract. Such insurance policies shall be sub- ject to the approval of the City. Such policies shall be so written so as to protect against all liability which might occur against said City, under the terms of Article 6252-19 V.A.C.S. VI The Permittee shall, upon request by the City, at once remove dead dogs, cats and other small animals, for which ser- vice the City will pay the Permittee for each animal removed. VII It is expressly agreed and understood that if at any time, due to complaints received by the City, or upon its own motion and initiative, the City Council of the City does not deem the Permittee a fit and proper person to render the service required herein, or that the general health and welfare of the citizens of the City will best be served by the action, the City Council may, after a hearing, revoke and cancel the permit hereby granted and this contract in which event the permit hereby granted and this contract shall be null and void. The hearing prerequisite to such revocation and cancellation shall not be held until notice of such hearing has been given -3- to the Permittee by registered mail, addressed to the Permittee at the address shown on the records of the City and a period of at least ten (lO) days has elapsed since the mailing of such notice. Such;~notice shall specify the time and place of the hearing and shall list the reasons why the health and gen- eral welfare of the City requires the revocation and cancell- ation of such permit and this contract. The Permittee shall be allowed to be present at such hearing, which shall be pub- lic, and shall be allowed to be represented by counsel if the Permittee deems the same advisable. He shall have full op- portunity to disprove all charges and allegations set out in the notice against him or his operations. Such hearing shall be conducted by the City Council. If the findings of fact made after such hearing show that the Permittee is not a fit and proper person to conduct such service as herein required, or show that the general health and welfare of the citizens of the City or the best interests of the City will be served by such action, then the City Council may revoke and cancel this contract and same shall become null and void and there shall be no appeal of any nature from such action. VIII This permit and contract and any and all rights and ob- ligations hereunder may be assigned by the Permittee only with the prior written consent of the City. IX The Permittee shall keep on file at all times with the -4- '. , . . ' . .' City Secretary a list of charges currently being made by him for his services. All such rates of charges for services shall be subject to approval by the City Council of the City of Schertz, Texas. x This contract is and shall be subject to all relevant ordinances which are now in effect or which may hereafter be enacted by the City Council of the City of Schertz, Texas. EXECUTED IN QUADRUPLICATE ORIGINALS, This the day'of , 19 CITY OF SCHERTZ By: ATTEST: City Secretary By: Permittee ATTEST: Permittee -5-