17-R-41 Attachment to resolutionRESOLUTION , OF
AUTHORIZING SCHERTZ, TEXAS ACCEPTANCE O
ASSIGNMENT OF CITY'S EXCLUSIVE SOLID WASTE
THEREWITH FRANCHISE AGREEMENT, AND OTHER MATTERS IN CONNECTION
WHEREAS, the City of Schertz entered into a new ten year solid waste franchise
agreement with Cibolo Waste Incorporated, DBA Bexar Waste on July 28, 2015; and
WHEREAS, the franchise agreement had included in it, a clause regarding the
assignment of the agreement by Bexar Waste that requires City Council approval prior to such
assignment being entered into; and
WHEREAS, Bexar Waste has notified the City that they have entered into an asset
purchase agreement with BFI Waste Services of Texas, LP DBA Republic Services and Bexar
Waste has requested City Council to approve assignment of the City's solid waste franchise
agreement to Republic Services; and
WHEREAS, the assignment of this agreement will not change any requirements of the
contractor providing solid waste services for the City and the assignment will not limit or change
the City's ability to rectify service issues or terminate the agreement for lack of performance;
and
WHEREAS, the City Council has determined that it is in the best interest of the City to
accept assignment of its current solid waste franchise agreement;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the Mayor to sign a letter for Bexar
Waste approving their assignment of the City's solid waste franchise agreement to Republic
Services attached in Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 27th day of June, 2017.
CITY OF SQHERTZ, TEXAS
Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
50506221.1 - 2 -
P.D. Box 519 - Schertz, Texas 78154 • Phone (210) 566 -5454 o Fax (210) 566 -6910
May 23, 2017
City of Schertz, Texas
1400 Schertz Parkway
Schertz, Texas 78154
Attn: John Kessel, City Manager
Re: Consent to Assignment
Dear Mr. Kessel,
Reference is made to that certain Franchise Agreement granted under Ordinance No. 15 -F -18 (the "Contract ")
be_ en the. City of Schertz, Texas ( 'Schertz') and Cibolo Waste, Inc., a Texas corporation doing business under the
assumed name Bexar Waste ( "Assignor').
Please be advised that Assignor anticipates it will enter into an asset purchase agreement (the "Purchase
Aareement') with BFI Waste Services of Texas, LP, a Delaware limited partnership ( "Assignee "), and certain other parties
identified therein pursuant to which Assignee will acquire substantially all of the assets of Assignor (the "Transaction").
As part of the Transaction, the Contract will be assigned by Assignor to Assignee and Assignee will assume all of
Assignor's obligations under the Contract (the "Assignment I).
Pursuant to Section 11 of the Contract, Assignor may not assign its rights under the Contract without the prior
written consent of the City Council of Schertz ("Schertz City Council "). Accordingly, please confirm the Schertz City
Council's consent to the Assignment by having a dully authorized representative of the Schertz City Council sign on the
space indicated below. By its signature below, Schertz waives any restrictions on assignment set forth in the Contract, but
only with respect to the assignment and assumption contemplated by this letter. This consent, and the assignment and
assumption contemplated hereby, shall not be effective unless and v
ptif the closing of the Transaction. Notwithstanding
anything herein to the contrary, in the event that the Transaction aif l close, this consent shall be of no force and effect
and the Contract shall not be assigned to Assignee.
Sincerely,
Cibolo Waste, Inc., dba Bexar Waste
By:� S-1�
Miguel Gutierrez, President
Acknowledged and accepted this
day of Le& 2017.
City of Sc
2By:
Its: /�li9ya2
Commercial - Construction ^ Industrial � Municipal a Residential ° Recycling
This ACCPEPTANCE OF FRANCHISE AGREEMENT FOR COLLECTION, HAULING AND DISPOSAL
OF MUNICIPAL SOLID WASTE IN THE CITY OF SCHERTZ, TEXAS is executed as of
t� , 2015 by Cibolo Waste Incorporated, DBA Bexar Waste Inc.
WHEREAS, the City of Schertz, consistent with state law, its charter and local regulations, adopted
Ordinance No. 15 -F -18 granting Cibolo Waste Incorporated, DBA Bexar Waste Inc. ( "Provider ") a Franchise
for Municipal Solid Waste Collection, Reyeling; and howehold Hazardous Waste Collection and Disposals and
WHEREAS, Provider desires to accept the terms and conditions of Ordinance No. 15 -F -18 and be
bound thereby ( "Acceptance ")
NOW THEREFORE, in consideration of the premises and the promises, covenants and other
consideration set forth within Ordinance No. 15 -F -18, the Provider herby agrees as follows:
Section 1. Incorporation.
Ordinance No. 15 -F -18, attached hereto as Exhibit A, is hereby incorporated into this Acceptance as if fully set
forth herin.
Section 2. Unconditional Acceptance.
The Provider, in accordance with the City's ordinances and regulations governing the collection, hauling and
disposal of Municipal Solid Waste, all other: relevant regulations, and pursuant to Section 9 of Ordinance No.
15 -F -18, hereby unconditionally accepts the Franchise for Municipal Solid Waste Collection, Reyeling, and
Household Hazardous Waste Collection and Disposal granted by the City of Schertz and agrees to be
unconditionally bound thereby.
Henry Gierrez
State of Texas
County of Guadalupe
This instrument -was ackrnowledged before me on August 2015 by Jackie Gaines, Notary Public of City of
Schertz, a Texas Municipality, on behalf of said Municipality.
o ary Public's Signature
ORDINANACE NO. 15 -F -18
AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA BEXAR
WASTE INC., A FRANCHISE FOR MUNICIPAL SOLID WASTE COLLECTION,
RECYLING, AND HOUSEHOLD HAZARDOUS WASTE COLLECTION AND
DISPOSAL PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING
TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO
EXCEED $2000 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE.
WHEREAS. It is found to be 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 service in the
City of Schertz, Texas; and
WHEREAS, the City of Schertz is responsible to protect its citizens against nuisances derived
from solid waste by providing solid waste handling services including, but not limited to
recycling and the collection, transfer and disposal of solid waste; and
WHEREAS, the Texas Health and Safety Code, chapter 363, authorizes the City to determine
all aspects of solid waste handling which are of local concern, including, but not limited to,
frequency of collection, means of collection and transportation, level of services, charges and
fees, and nature, location and extent of providing solid waste handling services; and
WHEREAS, pursuant to Ordinance No. 13 -F -03 the City has had a two -year renewing exclusive
franchise relationship with the Franchisee named below; and
WHEREAS, City staff recommends that the City Council award a Ten (10) -year exclusive
Franchise to the Franchisee; and
WHEREAS, the City Council has reviewed the Franchisee's record of service and continues to
be satisfied with the qualifications of the Franchisee;
NOW, THEREFORE, BE IT ORDANED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS;
This Ordinance shall be known and be cited as the Franchise Ordinance for Collection and
Disposition of Solid Waste and Recyclable Materials in the City of Schertz, Texas.
Section 1. Definitions
The words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to
them in the City's Code of Ordinances Section 34 -50, except where the context clearly indicates
a different meaning.
Section 2. Exclusive Franchise Grant
The City hereby grants to the Franchisee, in accordance with the Cities Solid Waste Regulations
governing the collection and disposal of Municipal Solid Waste and Recyclable Materials, the
exclusive franchise, license and privilege to collect, haul and dispose of Municipal Solid Waste
and Recyclable Materials over, upon, along and across the City's present and future streets,
alleys, bridges and public properties. The City of Schertz reserves the right to grant additional
franchises for the collection and disposal of Recyclable Materials, to the extent necessary to
accomplish the objects of this ordinance along with the solid waste ordinance.
Section 3. Indemnifications, Insurance, Bonds, and Damage to City Streets
Failure of the Franchisee to comply with the provisions of this section shall be cause for
termination of this Franchise as set forth in this Ordinance.
Indemnification. The Franchisee agrees to indemnify and hold the City of Schertz, Texas and
all of its present, future and former agents, employees, officials and representatives harmless in
their official, individual and representative capacities from any and all claims, demands, causes
of action, judgments, liens and expenses (including attorney's fees, whether contractual or
statutory), costs and damages (whether common law or statutory), costs and damages (whether
common law or statutory, and whether actual, punitive, consequential or incidental), of any
conceivable character, for injuries to persons (including death) or to property (both real and
personal) created by, arising from or in any manner relating to the services or goods performed
or provided by Professional — expressly including those arising through strict liability or under
the constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE
BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE.
Insurance. The Franchisee agrees to carry general liability insurance naming the City as
additional insured in the minimum amount of $ 1,000,000 for each occurrence and $2,000,000
annual aggregate; automobile liability naming the City as additional insured in the amount of
$1,000,000 combined single limit, and worker compensation/employer liability insurance.
Such Policy or policies shall provide by endorsement that it may only be cancelled or amended
by the insurance company only after (30) days prior written notice to the City Manager.
Certificate or certificates issued by the insurer evidencing the coverage, cancellation, and
amendment provisions set forth in this Section 3a, must be submitted to and approved by the
City Attorney no later than the date of second and final reading of this ordinance, and a
certificate or certificates issued by the insurer confirming the continuing effectives of such
coverage, cancellation, and amendment provisions shall be submitted to the City Secretary no
later than January 10 of each year of this franchise commencing October 01, 2015.
Upon written request by the City Manager either the original policy (or policies) or copies
certified by the insurer must be delivered to the City Secretary.
Bonds. The Franchisee shall furnish an annually renewable. bond to the City in the amount of
$300,000 guaranteeing the faithful performance of the Franchisee's obligations under the terms
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of this Ordinance, which bond shall be--in force no later than the date of second and final reading
and be subject to these requirements:
The bond shall be conditioned upon the requirement that the Franchisee shall well and truly
observe, fulfill, and perform each term and condition of this franchise and that in case of any
breach of condition of the bond, an amount (subject to the required dollar limits of the bond)
shall be recoverable from the principal and surety thereof by the City for all liquidated damages
for the failure of the Franchise to well and faithfully observe and perform any provision of this
Ordinance, and for any amount billed to the Franchisee by the City for the cost of the City's
performing or causing to be performed the Franchisee's obligations hereunder.
Such bond must provide by endorsement that it cannot be cancelled or amended by the bonding
company prior to (3 0) days' written notice to the City Manager.
Such bond shall be in form and contain such additional provisions as may be required by the City
Attorney.
Such bond shall be executed by the Franchisee as principal and one or more sureties approved by
the City Manager.
Either the bond or bonds or copies thereof certified by the surety must be on file with the City
Secretary of the City.
Damage to City Streets. Any damage to City Streets resulting from the Franchisee's vehicles
shall be the responsibility of the Franchisee. The City shall notify the Franchisee in writing of
the damages to streets, sidewalks, street signs and other public roads or structures. The
Franchisee shall have a reasonable period, dependent on the nature of damage, from the date of
the notice to replace and repair the damage to the satisfaction of the City. Failure for the
Franchisee to perform this duty shall serve as authorization for the City to repair the damage and
bill the Franchisee. Franchisee shall retain the right to defend against the claim of any such
damage if Franchisee is not the source or cause of the damage. Franchisee shall not be held
responsible for ordinary wear and tear to pavement and infrastructure caused by the normal and
customary garbage collection services provided by Franchisee.
Section 4. Minimum Quality and Performance Standards
Acceptance of this Ordinance by the Franchisee carries with it expectations of both efficiency
and quality of service by the Franchisee. The standards below are considered minimum
standards. Franchisee shall, at all times during the terms of this contract, be subject to all such
regulations as the City has or may hereafter adopt. In addition, Franchisee shall observe all state
and federal laws, rules and regulations relevant to collection, removal and disposal of solid
waste. Franchisee's failure to comply with ordinances and regulations of other municipal
jurisdictions, which affect Franchisee's ability to fulfill the terms of this contract, shall be
grounds for termination.
Quality of Service. Customer satisfaction is the ultimate measure of the quality of service. The
Franchisee will make every reasonable effort to insure the rate paying customer is treated with
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due courtesy and respect. The property of the customer will be treated without abuse. Informal
complaints will be resolved as quickly as possible with the customer receiving the benefit of the
doubt. Formal complaints will be resolved as provided in section 9.
Equipment and Maintenance Thereof All equipment, including motor vehicles and trucks
necessary for the performance by the Franchisee of this Ordinance shall, on the effective date of
the Franchise granted by this Ordinance, be in good condition and repair. Standby equipment
shall always be available. The trucks used in collection of Municipal Solid Waste shall be all
metal, water tight, with completely enclosed "Packer" type bodies that are designed and
manufactured for the collection of garbage and refuse.
Such collection vehicles shall be painted and numbered in letters of a contrasting color on each
side of the vehicle and maintained in a mechanically sound and safe condition. All vehicles shall
be kept in a clean and sanitary condition and shall be cleaned inside and outside at least once a
week. All vehicles also must display an official City of Schertz permit identification.
Times and Frequencies of Pickup and Holidays. The Franchisee shall make no collections in
residential areas prior to 7:00 am, and collections in business districts shall not be commenced
earlier than 6:00 am. When a business is within 500 feet of a residence, the residential area time
shall apply.
There shall be a once a week pickup of Municipal Solid Waste for all residential customers who
have been provided a uniform 96 gallon Waste container by the Franchisee at no charge to the
customer ( "Zone 1"), unless customer requests additional cart containers and pays per fee
schedule, Garbage Collection Fees in Solid Waste Ordinance. If no such container has been
provided to a residential customer, there will be twice weekly pickup of Municipal Solid Waste
from such customers ("Zone 2 "). The Franchisee shall provide the City an update from time to
time a current map of the City showing Zone I and Zone 2 residential customers. The number of
pickups may vary for commercial activities, which shall be established by separate contract
between the Franchisee and the customer. Upon written request by the City, the Franchisee shall
provide the City with a summary of all such commercial pickup arrangements.
Collection will be made for all residential account once a week for Zone 1 customers and twice
weekly for Zone 2 customers regardless of National or State holidays, except for Christmas Day,
New Year's Day, July 4, and Thanksgiving Day. The Franchisee may observe any or all the
holidays noted above. However, the Franchisee shall collect Municipal Solid Waste at least one
day per cycle during those weeks when holidays are observed.
Routes and Pickup Points.
The Franchisee will provide proposed routes for purposes of the collection of regular garbage,
small brush and limb pickup as follows:
Zone 1
Monday
Tuesday
Wednesday
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Zone 2
Monday and Thursday
Tuesday and Friday
Wednesday and Saturday
The City must approve such routes prior to commencement of operations.
Types of Containers. Trash containers shall be watertight receptacles of solid and durable
grade of metal or plastic, not to exceed thirty (30) gallons in capacity except as set forth in this
Ordinance or plastic or other waterproof bags manufactured for the purpose of containing
garbage or refuse; the combined weight of the garbage and container shall not exceed seventy -
five (75) pounds. Containers shall be provided with suitable lifting handle or handles on the
outside and close - fitting cover equipped with a handle. The container must not have any inside
structures, such as inside bands, and reinforcing angles or anything within the container to
prevent free discharge of the contents. Containers that have deteriorated or that have been
damaged to the extent of having jagged or sharp edges capable of causing injury to garbage
collectors or other persons whose duty it is to handle the containers, or to such an extent that the
covers will not fit securely, need not be accepted by the Franchisee.
Special Pickups. The Franchisee shall invoice the City for all Special Pickups the Franchisee's
actual costs (which shall not include a Franchisee's overhead charge) for the City's use in
invoicing customers.
Brush and Trees. All brush and large trimmings to be collected by the Franchisee shall be
placed by customers at the curb line. Trees, brush, and limbs cannot exceed four inches (4 ") in
diameter nor five feet (5') in length. All limbs and brush must be in bundles not to exceed sixty
(60) pounds each. Leaves and grass clippings and small brush items are to be placed in cardboard
containers, plastic trash bags, or trash cans.
Dead Animals. Dead animals shall not be placed in trash containers. Dead animals in excess of
seventy -five (75) pounds are not required to be accepted by the Franchisee. Dead household pets
shall be picked up by the Franchisee at no charge. The City's animal services department will
pick up other dead small animals at no charge, and the Franchisee will in turn pick up those dead
small animals from the City's animal services department at no charge to the City. The
Franchisee shall pick up large dead animals located in a right -of -way. If such dead large animal
identifiably belongs to an individual or entity (i.e., a cow that has been identifiably branded or
tagged), such individual or entity shall pay the Franchisee the charge associated with the pick -up.
However, if the dead large animal does not identifiably belong to an individual or entity (i.e., a
wild deer), the City shall pay the cost for the pick -up. The owner shall be responsible for the
removal and disposal of large dead animals, such as cows, horses, mules, and goats.
Traffic Accident Debris. The Franchisee will provide 24 -hour a day, 7 days a week; pick up
service of debris resulting from traffic accidents upon telephone or radio notice from the City by
a police officer or other City employee. The Franchisee may invoice and collect from the
individual(s) or company(ies) involved in such traffic accident or their respective insurers for the
collection and disposal of accident materials. The Franchisee will have no obligation to remove
wrecked or disabled vehicles. If the Franchisee fails to adequately respond with a roll -off unit or
other suitable equipment (all as determined by the City) within one (1) hour, the Franchisee
agrees that the City may contact another person or entity of the City's choosing to remove such
debris, and all costs incurred by the City as a result thereof shall be reimbursed to the City by the
Franchisee within ten (10) business days of the City's invoicing of the Franchisee. In such case,
such person or entity shall not be required to hold a solid waste disposal franchise with the City.
Special Services. The Franchisee will provide services for special residential pickups, such as
new move -ins, tree trimming, and similar circumstances. The Franchisee may charge a fee for
this service to be billed by the City.
Area of Service and Interruption in Service. The Franchisee will collect MSW and recycling
material from all residences and MSW from all commercial businesses in the City not delinquent
in the payment for the authorized services provided, or as directed by the City.
In the event that the collection and disposal of MSW shall be interrupted by any reason for more
than forty -eight (48) hours, the City shall have the right to make temporary independent
arrangements for the purpose of continuing this necessary service to its citizens in order to
provide and protect the public health and safety. Costs of the temporary independent
arrangements shall be borne by the Franchisee and shall be reimbursed to the City by the
Franchisee within ten (10) business days of the City's invoicing of the Franchisee.
If the interruption in service described in the paragraph next above continues for a period of
thirty (30) days, the City shall have the right to terminate the rights and privileges granted in this
Ordinance.
Office Hours, Staffing, and Service Logs. The Franchisee shall establish and maintain an office
in the City with telephone service and shall keep said office open for business from 9:00 a.m. to
5:00 p.m. each and every day except Saturday, Sunday and legal national holidays, as a
minimum.
The office shall be staffed with sufficient competent personnel to handle calls and inquiries
during office hours. A daily log of all service calls, complaints and inquiries taken therein shall
be maintained by the Franchisee and be available to the City upon request.
Section 5. Temporary and Permanent Roll -Off Containers
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 Franchisee's
regular service but rates will be derived from approved rates described in Section 15.
Section 6. Changes in Times and Routes of Collection
The City Council reserves the right to change or alter the times and routes of collection. The
Franchisee shall be given at least five (5) days' notice if any such action is scheduled to be
Q
discussed by City Council. No changes in collection schedule or routes shall be made by the
Franchisee without approval by the City.
Section 7. Disposal of MSW
The Franchisee shall have the responsibility for the disposal of all MSW collected under this
Ordinance, and all of such materials shall be disposed of in compliance with the laws of the State
of Texas and/or the rules, regulations and standards established from time to time by the Federal
Government of the United States of America and the Texas Commission on Environmental
Quality.
Section 8. Services to the City.
City Property Pickup. The Franchisee will provide pickup twice weekly for the City at all City
properties at no cost to the City. Containers used by the City will be of the size and type
appropriate to the volume and characteristics of material.
Special City Events. The Franchisee will provide special pickup during not more than ten (10)
City annual events (designated each year by the City in writing to the Franchisee) at no charge.
Placement of containers will be at the direction of the Director of Public Works. The Franchisee
will provide one twenty (20) cubic yard roll -off container at no charge to the City for each such
event.
White Waste. Twice each year, the Franchisee will pick up White Waste.
The Franchisee will provide special pickup services daily at designated locations during the
Schertz Annual Spring Cleanup. This pickup will include large household appliances, furniture
(and other bulky items) tires or other material not normally collected during twice weekly
pickup. The dates will be established by the City. This service will be at no cost to the City or the
public. Notice of the Cleanup dates shall be published in local media at the expense of the
Franchisee.
The Franchisee will provide special pickup services daily at designated locations during the
Schertz Annual Fall and Spring Clean -ups. Scheduling will be at the discretion of the Franchisee,
with a minimum of 150 days between the Schertz Annual Spring Cleanup and the Schertz
Annual Fall Cleanup. This pickup will include large household appliances, furniture (and other
bulky items) tires or other material not normally collected during twice weekly pickup. This
service will be at no cost to the City or the public. Notice of the Cleanup dates shall be published
in local media at the expense of the Franchisee.
Household Hazardous Waste. Twice each year in conjunction with the Spring and Fall Clean-
up period, a program to collect and dispose of Household Hazardous Waste will be planned and
conducted by the Franchisee. The cost of this program will be borne by the Franchisee. The
Franchisee will provide documents detailing costs for each event and recommend adjustments to
the program based on participation levels and volume of material collected.
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The Franchisee may, with approval by the City, engage a third party to collect and dispose of
Household Hazardous Waste where such materials constitute a serious health hazard or the
materials require special handling beyond the capabilities of the Franchisee. Any program
established will fully comply with the laws of the State of Texas and rules established by the
Texas Commission on Environmental Quality.
Biohazardous Waste. The Franchisee will make provisions for the disposal of biohazardous
waste resulting from City operations at no cost to the City.
Section 9. Duration of the Franchise, Renewal Options, and Termination
Term and Acceptance. Subject to the requirements relating to insurance and the performance
bond set forth in herein, this Ordinance and the rights, privileges, and authority hereby granted
shall take effect and be in force from and after final passage hereof, as provided by law, and shall
continue in force and effect for a term ending June 30, 2025, provided that, within thirty (30)
days after the adoption of this Ordinance on second reading, the Franchisee shall file with the
City its unconditional acceptance of this Ordinance and promise to comply with and abide by all
of its provisions, terms, and conditions. Such acceptance and promise in writing shall be duly
executed, and sworn to by an authorized official of the Franchisee on behalf of the Franchisee
before a notary public or other officer authorized by law to administer oaths. Failure to file such
acceptance shall render this ordinance void.
Termination. The City may terminate this franchise for failure by the Franchisee to comply
with the provisions of Section 3 of this Agreement. Upon the City's determination that the
Franchisee has failed to comply with any or all of such provisions of Section 3, the City may
notify the Franchisee in writing that it is exercising its right to terminate this franchise on thirty
(30) days' (or longer, at the option of the City) written notice to the Franchisee; provided, the
termination of this franchise by the City due to the Franchisee's failure to comply with Section
3.a. shall not terminate the Franchisee's contractual obligations to the City and all agents,
officers, employees, and representatives of the City as set forth in this Ordinance.
The City may terminate this franchise as a result of the Franchisee having twenty -five (25) (5 per
year) unresolved complaints outstanding as set forth in this Ordinance. The City may notify the
Franchisee that it is exercising its right to terminate this franchise on thirty (30) days' (or longer,
at the option of the City) written notice to the Franchisee.
The City may terminate this franchise for failure by the Franchisee to comply with any other
provision of this Ordinance if:
• The City has notified the Franchisee in writing of such failure and the Franchisee has
failed to correct such failure to the satisfaction of the City within thirty (30) days (or
longer period, at the option of the City) of the receipt of such notice or
• The City has notified the Franchisee in writing of such failure twice within a six (6)
month period. Such termination shall be effective upon thirty (3 0) days' (or longer, at the
option of the City) by written notice to the Franchisee.
Following receipt of notice of termination as listed above, the Franchisee shall be responsible for
_continuing compliance with all provisions of this Ordinance until the effective date of
termination unless explicitly directed otherwise in writing by the City.
Section 10. Severability, Compliance with Applicable Laws, and Non - Contestability by
the Franchisee
Severability. 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.
City Regulations. At all times during the term of this Ordinance, the Franchisee shall be subject
to all lawful exercise by the City of its police power and to such reasonable regulations as the
City shall from time to time provide, pursuant to the exercise of such police power.
Rights of City. The Franchisee, by acceptance of this Ordinance, expressly acknowledges and
accepts the right of the City to issue such franchise and further agrees to fully comply with all
appropriate regulations promulgated by any appropriate government agency of competent
jurisdiction.
Section 11. Sale, Transfer, or Assignment of Franchise Rights or Assets
The Franchisee shall not sell, transfer, or assign its rights under this Ordinance, or substantially
all of its assets, to any other person or corporation without the prior written approval of the City
Council.
Section 12. Complaints and Resolution
Complaints from or by the public or a particular customer must be in writing and mailed (or
presented) to the City Manager or designated representative for action.
Section 13. Penalties.
The Franchisee will pay a penalty of not less than $25 or more than $200.00 for each customer
complaint not satisfactorily resolved. Satisfactory resolution will be determined by the City
Manager. The Franchisee may appeal to City Council, which will make a final determination.
The penalty will be deducted from the Franchisee proceeds the for billing cycle following City
Manager determination unless appealed, in which case City Council will provide further
instruction. Twenty -five (25) (five per year) unresolved complaints will be a basis for contract
review by City Council for possible franchise termination.
Section 14. Investigation and Public Hearing
The City Council shall have full power to examine or cause to be examined at any time, and at
all times, the books, papers and records of the Franchisee with relation to the operation of the
MSW collection system within the City of Schertz. In this connection, the City shall have the
right, through its City Council, to take testimony and compel the attendance of witnesses or the
0
production of books, papers and records and to examine witnesses under oath and under such
rules and regulations as it may adopt. If any officer, agent, or employee of the Franchisee refuses
to give testimony before the City Council, the City Council shall have power to terminate this
Ordinance.
Section 15. Notices
Where written notices are provided for in this Ordinance, same shall be sufficient to notify the
Franchisee if mailed by certified mail to the proper address as specified in this Ordinance and
shall be sufficient to notify the City if mailed by certified mail to City of Schertz, 1400 Schertz
Parkway, Schertz, Texas 78154, Attention: City Manager.
Section 16. Service Rates
Rates for services provided under this Ordinance are contained in the City's Fee Schedule set
forth each budget year. Fees are subject to change.
Section 17. Billing, Collection and Payment
For the purpose of convenience, the billing and collection of the charges levied for all MSW
service shall be done by the Utilities Department of the City, and all such fees shall be payable at
the Municipal Offices. The City will prorate a new customer service to the nearest half -month
charge relative to the commencement of service. (Service shall be considered commencing when
water is turned on to that customer). All charges shall be due and payable each month concurrent
with utility bills, and, if not paid on or before the due date, the City shall assess a ten percent
(10 %) penalty for delinquency and collection expenses. Utilities will be discontinued by the City
for lack of payment of any garbage bill or any part thereof.
Section 18. Franchise Fee.
The Franchisee shall be paid by the City at the rate of eighty -five percent (85 %) of the amount
collected, excluding penalties and accepting recycling fees, for each customer served for which
billing is made by the City. The Franchisee shall be paid what is due within ten (10) days after
closing date of each billing period with the last month payment hereunder to be made during the
first calendar month after the expiration of the term hereof or after the cancellation hereof, as the
case may be.
Section 19. Recycling
Frequency of Pickup. The Franchisee will collect recyclable material once each week from
residences wishing to participate. Each residence address will be charged a fee for this service,
whether participating or not. The Franchisee will transport such collected recyclables.
Recycling Containers. The Franchisee shall provide appropriate bins for recycling to each
residence at no charge. Bins will be replaced at the City's expense if the bins are stolen and a
police report corroborates the theft. Additional bins may be purchased by the homeowner or
resident at the City's cost.
HE
Customer Participation. Participation in the recycling program is voluntary but highly
encouraged. Failing to actively participate does not relieve the homeowner or resident from
payment of recycling fees.
Recycling Proceeds. The proceeds from the Franchisee`s sale of recycling materials shall be
retained by the Franchisee.
Commercial Recycling. Under the terms of this franchise the franchise shall not be subject to
any haul permit fees per vehicle.
Section 20. Legal Provisions
All Ordinances, Parts of Ordinances or Resolutions in conflict herewith are expressly repealed.
In the event that the City is required to take any legal action to enforce the terms and conditions
of this agreement because of the breach of or failure to perform any term of condition by the
Franchisee, the Franchisee agrees to pay all costs expended by the City including reasonable
attorney fees.
In the event of a natural disaster which the City is declared a disaster area by the State or Federal
Government, City shall have the right to dispose of rubbish and trash in any manner determined
by it to be in the best interests of the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT
THIS ORDINANCE WAS PASSED and APPROVED on first reading this the 23rd day of June,
2015.
PASSED, APPROVED and ADOPTED on second reading this the 28th day of July, 2015.
J!- 4
i Secretary, Brenda Dennis
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•
_e=
Mayor Pro -Tem, Cedric Edwards
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, REPEALING AN ORDINANCE OF THE CODE OF
ORDINANCES OF THE CITY OF SCHERTZ AND ADOPTING A NEW
ORDINANCE WITH UPDATED PROVISIONS REGARDING THE
COLLECTION AND DISPOSITION OF SOLID WASTE AND
RECYCLABLE MATERIAL IN THE CITY; PROVIDING FOR THE
REPEAL OF CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City of Schertz, Texas (the "City ") is a Home Rule City possessing the
full power of local self - government pursuant to Article 11, Section 5 of the
Texas Constitution, Section 51.072 of the Texas Local Government Code,
and the City's Home Rule Charter; and
WHEREAS, the City Council of the City of Schertz, Texas ( "City Council ") possesses,
pursuant to the Texas Local Government Code, the authority to regulate
the collection and disposal of solid waste and recyclable material in the
City; and
WHEREAS, the City Council finds that the adoption of updated provisions regarding
the collection and disposition of solid waste and recyclable material in the
City is in the best interest of the health, safety and welfare of the citizens
of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, THAT.
Section 1. All of the above premises are found to be true and correct legislative
determinations and are hereby incorporated into the body of this
Ordinance as if copied in their entirety.
Section 2. The Code of Ordinances of the City of Schertz, Chapter 34, Article III is
hereby amended by deleting said chapter in its entirety and replacing it
with new Chapter 34, Article I II, which shall read as follows:
ARTICLE III. SOLID WASTE
Sec. 34 -47. Solid Waste Program established.
The City's solid waste collection, transportation and disposal program is
hereby established for all residents and businesses of the City.
The accumulation of garbage, recyclable material, rubbish, brush and
other refuse constitutes a public nuisance, a health hazard, a fire hazard and a
safety hazard. Therefore, it shall be required that owners and tenants of private
residences, private commercial buildings and businesses, and the occupants of
all private noncommercial buildings which accumulate refuse, deposit their
garbage, rubbish, brush, and other refuse for removal by the agent designated by
the city. Such owners, renters and occupants shall maintain the premises of the
buildings and property free of accumulations of all other waste materials and
nuisance materials. Such owners, renters and occupants shall not allow
materials intended for recycling to create a nuisance on the premises of buildings
and properties. All waste materials shall be disposed of in a place and by
methods deemed appropriate by the City. The purpose of this chapter is to
provide for a method of collecting and disposing of garbage, recyclable material,
rubbish; brush, and other refuse, and to maintain neighborhood quality and
aesthetics and maintenance of property values by providing for the general
health and welfare.
Sec. 34 -49. Residential and Commercial occupants must use services of
franchisee
It is hereby prohibited for any individual to utilize the services of any
individual or corporation for purposes of residential solid waste collection other
than the City's designated solid waste franchisee. Every residential occupant
shall subscribe to the services of the franchisee having the exclusive franchise
for collection and disposal service with the City. It is declared to be unlawful for
the occupant of any of the premises described in this section to fail or neglect to
provide for the removal of solid waste as required under this Article.
Sec. 34 -50. Defined Terms.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
100 -year flood means a flood that has a 1.0 percent or greater chance of
recurring in any given year or a flood of a magnitude equaled or exceeded once
in 100 years on the average over a significantly long period.
Bags means plastic sacks designed to store garbage, recyclable material,
rubbish, brush, or other refuse with sufficient wall strength to maintain physical
integrity when lifted by the top. The total weight of a bag and its contents shall
not exceed thirty -five (35) pounds.
2
Brush means plants or grass clippings, leaves or tree trimmings, including
bags and/or bundles of landscape waste.
Bulky waste means stoves, refrigerators with a freon evacuation
certificate, water tanks, washing machines, furniture, carpet, fencing materials,
more than ten bags of landscape waste or bundles of brush and other items of a
similar nature that can be loaded by two employees in five (5) minutes or less,
except construction debris, dead animals, hazardous waste or stable matter with
weights or volumes greater than those allowed for trash collection containers.
Bundle means tree, shrub and brush trimmings or newspapers and
magazines securely tied together forming an easily handled package not
exceeding four feet (4') in length or fifty pounds (50 lbs.) in weight.
Commercial means any structure other than single - family and duplex
residential development including hotels, motels, residential structures containing
three or more dwellings, and residential care facilities.
Commercial garbage means all normal establishment waste products of
commercial buildings or establishments, including multifamily dwellings, other
than single - family and duplex residential development, other than sewage and
body waste, manure, dead animals over ten pounds in weight, special and
hazardous waste, large tree trimmings, demolition or remodeling debris, or any
other waste material that cannot be broken down to fit into commercial garbage
containers herein specified.
Commercial garbage compactor means all steel or metallic containers
provided by the City or its contractor. Designed to hold compacted commercial
garbage shall specifically include 20, 30 and 40 yard compactors. -
Commercial garbage container means all steel or metallic containers,
provided by the City or its contractor, designed to hold commercial garbage, and
shall specifically include all roll -off containers, roll -off compaction containers, and
all such containers with a volume of between three (3) cubic yards and ten (10)
cubic yards.
Commercial recycling container means all steel or metallic containers,
provided by the City or its contractor, designed to hold recyclable material, and
shall specifically include such containers with a volume of between six (6) cubic
yards and eight (8) cubic yards.
Commercial recycle material compactors means a roll off with or without a
compactor designed to hold loose or compacted recycle. Material constructed of
steel or metallic material provided by the City or the contractor.
Container lease charge means a monthly charge that shall be assessed
for the use of trash collection containers that are provided by the sanitation
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contractor. Said charge shall apply to 20- cubic -yard, 30- cubic -yard, and 40-
cubic -yard open -top containers.
Dead animals means animals or portions thereof equal to or greater than
ten pounds in weight that have expired from any cause, except those slaughtered
or killed for human use.
Designated contractor means such private firm designated by the City for
the collection, transportation, and /or disposal of solid waste, and the collection,
transportation and /or processing of recyclable materials.
Extra accumulations means quantities of waste that are containerized or
bundled that cannot be fitted into the 95- gallon residential garbage receptacle,
not exceeding ten bundles of brush or normal bags of waste (for amounts in
excess described herein refer to unusual accumulations).
Garbage. See "Commercial garbage" or "Residential garbage."
Generator means any person whose acts or processes produces or
causes solid waste and /or recyclable materials.
Hauler means a person, other than the designated contractor, who has
obtained and maintains a valid permit to collect and divert recyclable materials.
Hazardous waste means any solid waste identified or listed as a
hazardous waste by the administrator of the U.S. Environmental Protection
Agency (EPA) pursuant to the Federal Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., as
amended.
Landfill means facility operated by and approved by TCQ.
Municipal Solid Waste or MSW means garbage, trash, refuse, brush, yard
waste, and other waste generated in residences and commercial establishments
as well as debris resulting from traffic accidents in the City (excluding wrecked or
disabled vehicles which are removable by a wrecker service).
Nonresident means persons residing other than within the corporate city
limits.
Nuisance means solid waste that is stored, processed or disposed of in
an unsightly manner that causes the pollution of surrounding land, the
contamination of groundwater or surface water, the breeding of insects or
rodents, or the creation of odors adverse to human health, safety or welfare.
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Permitted recycle contractor means a company or corporation to transport
loose or compacted recycle material for a manufacture or holding company for
recyclable material and shall be in compliance with Article III Sec. 34 -61 of the
code of ordinances.
Person means any person, firm, corporation, business trust, partnership,
association, organization or municipal entity, incorporated or unincorporated,
other than the City.
Premises means all public and private establishments, including
individual residences, all multifamily dwellings, residential care facilities,
hospitals, schools, businesses, other buildings and all vacant lots.
Provider means Entity providing solid waste collection. and disposal
services.
Recyclable material means any material, substance or byproduct that has
been recovered or diverted from the non - hazardous waste stream for purposes
of reuse, recycling or reclamation, and is any material or product designated in
writing by the city's Director of Public Works or his or her designee as being
suitable for reuse, recycling or reclamation.
Recycle means to collect, buy, sell, and store and /or produce any
material, substance or product from waste material or byproducts and to keep
such from being included in the waste stream intended for disposal.
Refuse means all solid waste except hazardous wastes.
Residential garbage means all normal waste products of single- family and
duplex residential development, other than sewage and body waste, manure,
dead animals over ten pounds in weight, special and hazardous waste, large tree
trimmings, demolition or remodeling debris, or any other waste material that
cannot be broken down to fit into residential garbage receptacles herein
specified.
Residential garbage receptacle means a plastic or metal receptacle,
designed for automated or semi - automated solid waste collection systems, and
having a tight fitting lid capable of preventing littering and the entrance into the
container by small animals. The weight of the receptacle and its contents shall
not exceed seventy five pounds (75 lbs.) and shall be designed for ease of
movement and use. One receptacle shall be provided in designated areas unless
customer wants to pay for each additional container, with ownership of the
receptacle retained by the contractor.
Residential recycling receptacle means a plastic receptacle provided by
the city or its contractor, designed for automated or semi - automated recyclable
material collection systems, and having a tight fitting lid capable of preventing
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littering and the entrance into the container by small animals. The weight of the
receptacle and its contents shall not exceed seventy five pounds (75 lbs.) and
shall be designed for ease of movement and use. A receptacle shall be provided
in designated areas, with ownership of the receptacle retained by the contractor.
Residents means persons residing within the corporate limits of the City.
Rubbish means any nonputrescible solid waste, including aluminum cans,
paper, boxes, glass, yard trimmings, leaves, feathers and any other matter
commonly understood to be rubbish.
Solid waste means garbage, rubbish, refuse, sludge from a wastewater
treatment plant, water supply treatment plant or air pollution control facility, and
other discarded material, including solid, liquid, semi -solid or contained gaseous
material resulting from industrial, municipal, commercial, mining and agricultural
operations and from community and institutional activities. The term does not
include;
(1) solid or dissolved material in domestic sewage, or solid or dissolved
material in irrigation return flows, or industrial discharges subject to
regulation by permit issued under Vernon Texas Statues and Codes,
Water Code, Ch. 26, as.amended;
(2) soil, dirt, rock, sand or other natural or manmade inert solid
materials used to fill land if the object of the fill is to make the land suitable
for the construction of surface improvements; or
(3) waste materials that result from activities associated with the
exploration, development or production of oil or gas or geothermal
resources and other substance or material regulated by the Railroad
Commission of Texas under Vernon Texas Statues and Codes, Natural
Resources Code, § 91.101, as amended, unless the waste, substance or
material results from activities associated with gasoline plants, natural gas
liquids processing plants, pressure maintenance plants or re- pressurizing
plants and is hazardous waste as defined by the administrator of the
United States Environmental Protection Agency under the Federal Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended (42 U.S.C. § 6901 et seq.).
(4) Recyclable material; however, recyclable material may become
solid waste at such time, if any, as it is abandoned or disposed of as other
solid waste, rather than recycled, whereupon it will be solid waste with
respect only to the party actually abandoning or disposing of the material.
Special waste means solid waste or a combination of wastes that,
because of its quantity, concentration, physical or chemical characteristics or
C
biological properties, requires special handling and disposal to protect the human
health or the environment. If improperly handled, transported, stored, processed
or disposed of or otherwise managed, it may pose a present or potential danger
to human health or the environment. Special waste includes, but is not limited to:
(1) hazardous waste from conditionally exempt small- quantity
generators that may be exempt from full controls under 30 Tex. Admin.
Code §§ 335.401 -- 335.419, as amended, relating to household materials
which could be classified as hazardous waste;
(2) class I industrial nonhazardous waste not routinely collected with
municipal solid waste;
(3) special waste from health- care - related facilities (refers to certain
items of medical waste);
(4) municipal wastewater treatment plant sludge's, other types of
domestic sewage treatment plant sludge's, and water - supply treatment
plant sludge's;
(5) septic tank pumpings;
(6) grease and grit trap wastes;
(7) wastes from commercial or industrial wastewater treatment plants,
air pollution control facilities, and tanks, drums, or containers used for
shipping or storing any material that has been listed as a hazardous
constituent in 40 C.F.R. Ch. 261, Appendix VIII, as amended, but has not
been listed as a commercial chemical product in 40 C.F.R. § 261.33(e) or
(f), as amended;
(8) slaughterhouse wastes;
(9) dead animals;
(10) drugs, contaminated foods, or contaminated beverages, other than
those contained in normal household waste;
(11) pesticide (insecticide, herbicide, fungicide, or rodenticide)
containers;
(12) discarded materials containing asbestos;
(13) incinerator ash;
(14) soil contaminated by petroleum products, crude oils, or chemicals;
7
(15) used oil;
(16) light ballasts and /or small capacitors containing polychlorinated
biphenyl (PCB) compounds;
(17) waste from oil, gas, and geothermal activities subject to regulation
by the state railroad commission when those wastes are to be processed,
treated, or disposed of at a solid waste management facility permitted
under this chapter;
(18) waste generated outside the boundaries of the state that contains:
a. any industrial waste;
b. any waste associated with oil, gas and geothermal
exploration, production or development activities; or
C. any item listed as a special waste in this definition;
(19) any waste stream other than household or commercial garbage,
refuse or rubbish;
(20) lead acid storage batteries; and
(21) used -oil filters from internal combustion engines.
Unusual accumulations means:
(1) for residences, each regular collection that cannot fit into a
residential garbage receptacle;
(2) for commercial establishments, accumulations that would not occur
in the ordinary course of business;
(3) bulky waste;
(4) materials judged by the Director of Public Works or his duly
appointed representative to be hazardous, such as oil, acid or caustic
materials; and
(5) existing conditions favorable to. the harboring and /or breeding of
any agent, such as an insect, reptile, rodent or other agents capable of
transferring a pathogen from one organism to another.
. -.,
Deposits and fees as specified in Appendix A of the Code of Ordinances
which may be amended from time to time shall be required of all customers
requesting the collection and disposal of refuse by the City's designated
contractor as specified in Section 34 -58. All utility customers shall receive solid
waste and recyclable material collection service. The charges for collection
service shall be included on the monthly utility bill of the customer. For partial
months, such charges shall be prorated for each and every day of the month
during which such service is available and provided to the residential customers.
An increase in monthly fees may be made upon approval of the city council. A
penalty for overdue payment of the monthly utility bill may be charged.
Sec34 -52. Garbage, recyclable material, rubbish, brush and refuse
nuisances.
The storing or keeping of garbage, rubbish, brush, refuse and /or
recyclable material that is unsightly or a health, fire or safety hazard or a harbor
for reptiles, rodents, insects, or other animals is prohibited and shall constitute a
public nuisance. Removal of all such materials is the owner's responsibility and
shall be done at the owner's expense.
Sec. 34-53. Dumping.
Dumping of any garbage, solid waste, recyclable material, rubbish, brush
and /or other refuse in any place and in any manner other than that designated in
this chapter is prohibited.
Sec. 34 -54. Collection containers and receptacles for garbage, trash, brush
and recyclable material.
(a) Every owner, tenant, occupant or lessee using or occupying any building,
house, or structure within the corporate city limits of the City of Schertz for
residential, church, school, commercial, business or other purpose shall use a
collection container that is only in designated areas or receptacle authorized by
this article provided by the city, its designated contractor as specified in Section
86 -32, or a hauler. All garbage and trash mixed with water or other liquids shall
be drained before being placed in the collection container or receptacle.
(b) Every owner, tenant, occupant or lessee using or occupying any building,
house or structure within the corporate City limits of the City of Schertz for
residential, church, school, commercial, business or other purpose shall notify
the city of any loss, theft or damage to the collection container or receptacle and
shall be responsible for replacement costs unless the damage is a result of
collection by contractor.
0
(c) It shall be the duty of every residential customer to keep the residential
garbage and recycling receptacle in a clean and sanitary condition.
(d) Except when placed for collection, residential garbage and recycling
receptacles shall be stored behind the front building line if collection occurs from
a public street, or stored adjacent to the main structure if collection occurs from
an alley. Commercial collection containers or receptacles shall be kept in a
screened area, unless such requirement is waived by the Director of Public
Works or his duly appointed representative.
(e) Brush that cannot fit into the residential garbage receptacle shall be tied in
bundles not to exceed four feet (4') in length with no limbs exceeding six inches
in diameter. Bundles of brush shall be comparable in size and weight with bags
of garbage, not to exceed fifty pounds (50 lbs.) each.
(f) The City Manager or his designated representative shall cause regular
inspections to be made to ensure compliance with the terms of this section, and if
any unsanitary collection container or receptacle is found, a notice shall be
placed upon such collection container or receptacle informing the owner to clean
the same within five (5) days. Failure to comply with such notice shall constitute a
violation of this section.
Sec. 34 -55. Residential collection regulations.
(a) There shall be collection twice weekly and once in designated areas for
regular garbage, recyclable material, rubbish, and brush and landscape waste
other than bulky waste.
(b) It shall be the duty of the owner, occupant, tenant or lessee of a
residence, commercial establishment or other building to place the garbage or
recyclable material in proper receptacles at the curb line or at the alley most
accessible to the collection crew vehicle as determined by the contractor and the
Director of Public Works or his duly appointed representative.
(c) Garbage and recyclable material shall not be placed at the point of
collection before 6:00 p.m. prior to the designated day of collection and any
garbage receptacles or recycling receptacles shall be removed within 24 hours
from the point of collection and stored in accordance with section 86 -26,
subsection (e).
(d) Unusual accumulations, brush or bulky wastes shall not be placed for
regular garbage pickup. Removal of unusual accumulations, brush or bulky
wastes may be requested for a special collection, and there shall be an additional
10
fee for such service as determined from time to time. by City Council per pick -up
truckload for more than twelve (12) pick ups per calendar year. The City shall be
the authority to determine what constitutes unusual accumulations if there is a
difference of opinion between a customer and the contractor.
(e) Materials intended for recycling shall not be placed for collection with
waste materials. Recycling collection activities are to be separate from garbage
collection activities.
(f) It shall be the duty of the owner, occupant, tenant or lessee of any
premises to report the failure to collect properly prepared property garbage and
recyclable material for a consecutive period of two (2) weeks to the City where
the holder of a franchise granted by the City is responsible for such collection;
and if the owner, occupant, tenant or lessee elects to regularly remove garbage
and recyclable material from his premises, it shall be unlawful for such owner,
occupant, tenant or lessee to remove such accumulation less often than required
under this section.
(g) All putrescible waste must be placed in the residential garbage
receptacles.
(h) From the time of placement of solid waste and of recyclable material at the
point of collection by the owner, occupant, tenant or lessee of a residence for
collection in accordance herewith, such solid waste and recyclable material shall
be delivered by the designated contractor, as specified in Section 34 -60, to the
appropriate facility for disposition designated by the City pursuant to contract with
the City.
Sec. 34 -56. Residential collection fees.
(a) For the collection and removal of solid waste and brush in a residential
garbage receptacle and collection of recyclables in a residential recycling
receptacle once a week or twice in designated areas, a monthly charge shall be
as determined from time to time by the City Council.
(b) For each additional residential garbage receptacle, or residential recycling
receptacle, the monthly charge shall be as determined from time to time by the
City Council.
(c) For the collection of unusual accumulations, there shall be a fee as
determined from time to time by the City Council.
(d) For other solid waste collection or disposal services not listed, the City and
contractor shall work together to determine a reasonable fee, pending Council
approval of the fee within sixty (60) days.
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-.
(a) Collection containers commonly used by commercial garbage and
recycling collectors, including residential garbage and recycling receptacles (for
commercial use), shall be placed at a location on the premises mutually
agreeable to the customer, the city, its designated contractor as specified in
Section 34 -60, and hauler, as applicable. The Director of Public Works or his
duly appointed representative may authorize the use by a commercial customer
of residential garbage or recycling receptacles on a case by case basis after the
commercial customer makes request for use of such residential receptacles. The
collection and removal of garbage, recyclable material, rubbish and brush from
buildings and premises used for commercial and institutional purposes shall not
be made less than one (1) time per week and as often as necessary in order to
maintain such premises free of accumulations of garbage, trash and brush.
Materials for recycling shall not be placed for collection with waste materials.
Recycling collection activities shall be separate from garbage collection activities.
A commercial business shall be responsible for the collection and lawful disposal
of hazardous waste generated by that commercial business.
(b) From the time of placement of solid waste and of recyclable material at the
point of collection by the commercial business for collection in accordance
herewith, such solid waste and recyclable material shall be delivered by the
designated contractor, as specified in Section 86 -32, to the appropriate facility for
disposition designated by the City pursuant to contract with the City.
Sec. 34 -58. Commercial collection fees.
The service charge for commercial collections shall be based on the
frequency of collection necessary and the amount regularly collected.
(1) Minimum service level. The minimum service level is one (1) 96 Gallon
garbage collection container and one (1) recyclable material collection container
picked up one (1) time a week for a fee as determined from time to time by the
City Council unless area has been grandfathered for twice a week pickup.
Additional collection containers can be requested for an additional fee as
determined from time to time by the City Council. The property owner is
responsible for replacement of the collection containers in the case of theft, loss,
or damage. There shall be a fee as determined from time to time by the City
Council charged for collections of unusual accumulations.
(2) Other solid waste collection and disposal services. For other solid waste
collection or disposal services not listed, the City and contractor shall work
together to determine a reasonable fee, pending City Council approval of the fee
within sixty (60) days.
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(3) Service charges for private haulers of recyclable materials shall be by
customer agreement.
Sec. 34 -55. Collection and disposaf mmercial garbage and recyclable
material in central business district.
(a) The disposal of commercial garbage, recyclable material, rubbish and
brush by placing the same in public trash receptacles located on public streets in
the City is prohibited. The collection and removal of garbage, recyclable material,
rubbish, and brush from buildings and premises used for commercial or
institutional purposes shall be made not less than one (1) times per week and as
often as necessary in order to maintain such premises free of accumulations of
garbage, trash and brush.
(b) Fee charges for private haulers
customer agreement.,
(c) No annual private haul vehicle will
& recycle franchise hauler.
Sec. 34 -60. Collection contractor.
of recyclable materials shall be by
apply using the authorized solid waste
(a) The City shall designate a contractor to regularly collect and remove all
garbage, recyclable material, rubbish, brush and solid waste, excluding
hazardous waste, from all premises within the corporate City limits. This agent
shall operate by contract with the City. The City Manager shall take action to see
that the terms of the contract are fulfilled. In the event of any conflict between the
terms of the contract and the City's ordinances on the collection of solid waste,
the ordinances shall control. The designated collection contractor shall not be
responsible for the collection of hazardous waste except during special events.
(b) In the event that the designated collection contractor lacks adequate
and /or appropriate resources to collect and remove solid waste from public
improvement projects, the Director of Public Works may authorize solid waste
removal by another contractor.
Sec. 34 -61. Disposal of solid waste.
(a) Individual residents may remove garbage, recyclable material, rubbish,
brush or unusual accumulations from their own residences, provided that the
garbage, recyclable material, rubbish, brush or unusual accumulations are
secured.
(b) It shall be unlawful for any person to engage in the business of collecting
solid waste within the City except as may be specifically authorized by contract
with the City and the payment of a license fee to so operate.
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(c) It shall be unlawful for any person to engage in the business of collecting
solid waste within the City except as may be specifically authorized in
accordance with this article.
Sec. 34 -62. Permit for private haulers of recyclable materials.
(a) Permit Required. It shall be unlawful for any person, company, or
corporation to engage in the business of collection of commercial recyclable
materials without obtaining a permit from the Director of Public Works or his duly
appointed representative. A separate permit shall be required for each generator
from which the hauler intends to collect recyclable materials.
(b) Letter of certification. A hauler shall only receive a permit for recyclable
material if the hauler includes a letter of certification with the permit application.
The letter of certification shall be from the recyclable material generator and shall
certify to the City the name and address of the generator, the name and address
of the desired hauler, the constituents to be recycled, a brief contingency plan
ensuring that waste materials will be separated from the recyclables prior to
hauling, arrangements for solid waste management, and the final destination of
the recyclable materials. This information shall be amended as necessary.
(c) Application for commercial recycle compactor hauler Permit per haul
vehicle. An applicant for a permit as a private hauler of recyclable materials must
provide the following:
(1) the business name;
(2) the driver's name and driver's license numbers;
(3) business address;
(4) home address;
(5) business phone number;
(6) home phone number;
(7) list of vehicles used for waste removal, including:
a. make;
b. model; and
G. license number;
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(S) proof of current bond of ten thousand and no /100 dollars
($10,000.00) on a form provided or approved by the City;
(9) the name of the final destination for recyclable materials and proof
that such destination has demonstrated its ability to be an approved
processor capable of diverting recyclable materials in accordance with all
applicable laws and regulations;
(10) proof of liability insurance; and
(11) a permit fee and a fee for each additional permit requested as
specified in Appendix A of the Code of Ordinances, which may be
amended from time to time. This fee shall not be prorated for a partial
year.
All information required in this subsection (c) shall be amended and updated,
within thirty (30) days of a change or when any of the current information in the
possession of the City becomes outdated.
(d) Renewal of Permit ($2500.00 Annually) Each permit shall be renewed
annually and the information listed in subsection (c) of this section shall again be
provided, along with a copy of the bond renewal, liability insurance, name of
recyclable materials processor and a renewal fee as specified in Appendix A of
the Code of Ordinances, which may be amended from time to time.
(e) Term of Permit. The term of the permit shall be from January 1 to
December 31 of each year. An expired permit is not valid for continued operation
under this chapter.
(f) Vehicle Permit Required. Any vehicle used by a hauler for the purpose of
removing and transporting recyclable materials must have, prominently
displayed, a permit supplied by the City.
(g) Collection and Diversion of Recyclable Materials. Haulers shall only divert
recyclable materials in accordance with the requirements of this article and State
law. Haulers shall submit evidence of such compliance with this article for each
month demonstrating, at a minimum: (1) the amount of recyclable materials
collected; (2) dates of collection; and (3) receipts for disposal. The City has the
right to inspect and audit the records of any hauler in order to ensure compliance
with this section. Diversion of construction and demolition debris as recyclable
material shall only be accomplished after separation of recyclable material from
solid waste at the construction or project site. Commingling construction and
demolition solid waste with construction and demolition recyclable material is
prohibited. The failure of a hauler to separate at the source any recyclable
material from solid waste, which results in the hauler transporting solid waste as
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an unauthorized solid waste contractor, may result in the revocation of the
hauler's permit.
(h) Revocation of Pen-nit. The permit of a hauler may be revoked by the
Director of Public Works for the following reasons:
(1) failing to keep a current bond filed in the Public Works Department;
(2) being observed by the Director of Public Works or his duly
appointed representative placing recyclable materials or any other solid
waste in any location other than as authorized by State law;
(3) being observed by the Director of Public Works or his duly
appointed representative improperly securing a load while in transit to or
from any location that requires transport on City streets;
(4) failure to display a permit on any truck used for recyclable
materials;
(5) being observed by the Director of Public Works or his duly
appointed representative commingling solid waste with recyclable material
and thereby transporting solid waste as an unauthorized solid waste
contractor; or
(6) when a recyclable material generator terminates the letter of
certification referenced in section 34- 62(b).
If the Director of Public Works revokes the permit of a hauler, the hauler must
surrender all permits that have been issued to him by the Public Works Division.
Operating under a revoked or expired permit is a violation of this section.
(i) Restoration of Revoked Permit. A hauler may appeal the revocation of his
permit to the City Manager or his duly appointed representative in writing within
five (5) days of the date of revocation; the City Manager or his duly appointed
representative shall have the authority to reverse or uphold the revocation or
establish terms by which the permit may be restored. The decision of the City
Manager or his duly appointed representative shall be final. If a permit has been
revoked due to illegal dumping by a hauler, the permit may only be restored with
the payment of a restoration fee. If a permit revocation is upheld by the City
Manager or his duly appointed representative, the private hauler of recyclable
materials may only obtain a new permit, as follows:
(1) after the first revocation: the applicant for a permit must make
payment of a restoration fee as determined from time -to -time by the city
council; and
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(2) after the second or subsequent upheld revocation, a hauler may not
obtain a new permit under this article for twelve (12) calendar months from
the date of revocation.
(j) Transferability. The permit is not transferable. A permit shall be required
for each hauler desiring to provide service on a case -by -case basis.
Sec. 34 -63. Transport of refuse.
(a) Refuse collected by persons other than the agent designated by the City
shall be transported in vehicles which are covered by a metal top, screening or
canvas or in such other manner so as to prevent the escape of any particle of
refuse. Refuse escaping from such a truck shall be deemed as litter, and the
driver shall be responsible for littering.
(b) Haulers from any locale other than the City using the streets of the City
shall be required to use similarly suitable vehicles and to be responsible for the
containment of the contents, as provided in subsection (a), above.
Sec. 34 -64. Prohibited acts.
(a) Pilfering, scattering contents or meddling with garbage, recyclabies,
rubbish, brush or collection containers or receptacles by any person other than
the owner, occupant or authorized agent is prohibited.
(b) It shall be unlawful for any person to deposit any burning match, charcoal,
ember or other burning material in any collection container or receptacle used for
the disposal of garbage, recyclable material, rubbish, or brush.
(c) It shall be unlawful for any person to deposit any materials not included in
the definitions of garbage, recyclable material, rubbish and brush in any
collection container or receptacle used for the disposal of garbage, recyclable
material, rubbish or brush.
(d) It shall be unlawful for any unauthorized person, other than the
commercial customer or its employees or agents, to deposit any materials in a
commercial collection container or receptacle.
(e) It shall be unlawful to deposit solid waste generated from within the
corporate City limits in any place other than a landfill designated in this chapter
unless authorized by the executive Director of Public Works or his duly appointed
representative.
(f) It shall be unlawful to store or place in a screening enclosure that is
provided for garbage and /or recycling containers and /or receptacles any debris,
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solid waste or any other item for storage that is not a solid waste and /or a
recycling container and /or receptacle.
(g) It shall be unlawful to bring in waste for disposal from outside of City of
Schertz City limits.
Sec. 34 -65. Diversion of recyclable materials.
(a) Individual residents may remove recyclable material from their own
residences; provided that the recyclable materials are secured as provided in
section 34- 63(a).
(b) It shall be unlawful for any person, including, without limitation, a resident
or commercial business customer, to cause a diversion of recyclable materials at
any location in violation of State law.
(c) No person, including, without limitation, a resident or commercial business
customer, may contract for the diversion of recyclable materials with a person
who is not a permitted hauler in compliance with section 34 -60.
Sec. 34 -66. Wastes from tree - trimming operations.
It shall be the duty of any person employing a contractor, tree - trimmer, or
other person to trim or prune trees or shrubs to have said trimmings removed
from the premises at his own expense.
Sec. 34 -67. Applicability of state law.
The provisions of this article are adopted under V.T.C.A., Health and
Safety Code ch. 361.
(a) The regulations promulgated in this article cover all aspects of municipal
solid waste management under the authority of the State and are based primarily
on the stated purpose of Vernon Texas Statue and Codes, Health and Safety
Code ch. 361, as amended, hereafter referred to as the Texas Solid Waste
Disposal Act. The owner or operator of a municipal solid waste landfill (MSWLF)
facility shall comply with any other applicable federal rules, laws, regulations or
other requirements.
(b) All permits, including any special provisions therein, issued by the
applicable State Department shall remain in force after the effective date of the
ordinance from which this article is derived. To the extent that a standard has
been changed by this article, the permittee may continue to operate under
standards contained in previously issued permits, except for those requirements
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mandated by EPA 40 C.F.R. §§ 257 and 258, as amended, which implement
certain requirements of subtitle D of the Resource Conservation and Recovery
Act (RCRA). For those Federally mandated requirements, the permittee is under
an obligation to apply for a change to his permit in accordance with Federal and
State law, as applicable, to incorporate the required standard. Timely submission
of a request for a permit change qualifies the owners or operators of existing
MSWLF units for interim status. MSWLF facility owners or operators with interim
status are treated as having been issued a permit modification or amendment
until the Executive Director makes a final determination on the permit
modification request or the commission makes a final determination on the permit
amendment request. Facility owners or operators with interim status must comply
with the requirements of this article upon the effective date of this article.
(c) A permit or license shall be required for each municipal solid waste
(MSW) unit, as required by applicable law, and the City Manager, at his
discretion, may include one or more different types of units in a single permit if
the units are located at the same facility.
(d) The following are some of the rules with which the City's Public Works
Director should have a working knowledge:
(1) 30 Tex. Admin. Code ch. 281. This chapter describes how a permit
application, amendment or modification is processed and approved;
(2) 30 Tex. Admin. Code ch. 305. The chapter details the preparation
and form of permits, applications, amendments and modifications;
(3) 30 Tex. Admin. Code ch. 330. This chapter outlines municipal solid
waste management rules. This is the principle rule municipal solid waste
managers utilize; and
(4) 30 Tex. Admin. Code ch. 335. This chapter outlines rules covering
management of hazardous waste, both industrial and municipal. It also outlines
how industrial solid waste is handled and when it can be deposited in municipal
solid waste landfills.
(e) Regional and local plans. Every region in the State is completing a
regional plan. The regions are defined by the existing regional Councils of
Government established by the State Legislature. These regional plans outline
important data in analyzing the solid waste needs or to help with problem solving.
The regional or local plan should be consulted for guidance or consistency in
solving a problem or deciding on a course of action. In either case, the solid
waste manager should be consistent with the plan, or seek amendment to the
plan, before proceeding to implement a solution.
Sec. 34-68. Enforcement.
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The provisions of this article shall be enforced by the Director of Public
Works or his duly appointed representative, and it shall be unlawful for any
person to interfere with or hinder the Director of Public Works or his duly
appointed representative in the exercise of his duties under this article.
Notwithstanding any provisions contained herein to the contrary, the Director of
Public Works or his duly appointed representative are hereby granted the
authority to issue immediate citations to persons violating any provision of this
article.
Sec. 34 -69. Offense.
(a) Any person violating or failing to comply with any provision or requirement
of this article, who continues to violate or fails to comply with same, shall also be
deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in
an amount not to exceed $2,000.00, such offenses listed herein being violations
of the health and safety ordinance of the City. A separate offense shall be
deemed committed upon each day during or on which a violation or failure to
comply occurs or continues to occur. This section shall be in addition to and
cumulative of the provisions for abatement by the City of any nuisance created
by the violation of this ordinance and the charging of the cost of abatement of
said nuisance against the owner of the property.
(b) Notwithstanding the foregoing, any violation of any provision of this article
which constitutes an immediate danger or threat to the health, safety and welfare
of the public may be enjoined in a suit brought by the City for such purpose.
(c) In addition to any other remedies or penalties contained herein, the City
may enforce the provisions of this article pursuant to the applicable provisions of
Vernon Texas Statues and Codes, . Local Government Code Ch.54, which
chapter provides for the enforcement of municipal ordinances.
(d) Allegation and evidence of a culpable mental state is not required for the
proof of an offense defined by this article."
Section 3. The Code of Ordinances of the City of Schertz, Article ill Solid
Waste, Appendix A, Schedule of Fees, is hereby amended and
shall read as follows:
"APPENDIX A — SCHEDULE OF FEES
ARTICLE 111- SOLID WASTE.
Sec. 34 -70. Sanitation service deposits and fees.
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Sec. 34 -71. Residential collection regulations.
Garbage Collection Fees 1 201415
Residential:
Special Pickup:
Move Ins, Special Tree Trimmings, oversize $16.30
materials, & similar circumstances; minimum
Class IA:
Residential, Front Curb, per month $17.08
Class 1B: $11.70
Once a week residential pick -up in selected
areas. (Contractor will provide a 96 gallon
cart at no charge); per month
Class II: Mobile Home Parks $9.33
Mobile Home Parks (2 or more mobile homes)
(based on number in park on the 15th day of the month),
per unit /monthly
Class III: Apartments $9.33
per unit /monthly
Class IV: Motels $4.12
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Class I: Residential, Single Family, per month
11.70
2 Cart pick up
17.53
3 Cart Pick up
23.38
4 Cart Pick up
29.22
Recycling Fee, per month/ container
$ 1.93
Special Pickup:
Move Ins, Special Tree Trimmings, oversize $16.30
materials, & similar circumstances; minimum
Class IA:
Residential, Front Curb, per month $17.08
Class 1B: $11.70
Once a week residential pick -up in selected
areas. (Contractor will provide a 96 gallon
cart at no charge); per month
Class II: Mobile Home Parks $9.33
Mobile Home Parks (2 or more mobile homes)
(based on number in park on the 15th day of the month),
per unit /monthly
Class III: Apartments $9.33
per unit /monthly
Class IV: Motels $4.12
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per unit/ monthly
2 Commercial
Class V:
Offices, barber shops and
Professional services, per month
Class VI:
Light retail, wholesale, commercial
or industrial, 2000 to 4000 square feet
and excluding large grocery stores, etc., per month
$14.81
$25.54
Class VII: $37.09
Medium retail, wholesale
commercial or industrial (2000 to 4000
square feet and exclude large grocery store, etc.), per month
2 Cart, 1 pickup per week $38.29
Class VIII:
Heavy Volume retail wholesale, commercial, or industrial
(placement determined by a time and cost study of
refuse generation and collection. The categories in
this class usually require hand loading from rooms or
pens and would not apply when commercial containers
are used.)
A. Two weekly pickups of 1.5 cubic yard containers,
excluding large grocery, furniture or department
stores, per month $65.91
B. Two weekly pickups of 3 cu. Yard containers,
excluding large grocery, furniture or department stores,
etc., per month $131.80
C. Three weekly pickups of 3 cu. Yard containers,
excluding large grocery, furniture or department stores,
etc., per month $205.95
D. Four weekly pickups of 4 cu. Yard containers,
including large grocery, furniture or department stores,
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etc., per month $247.11
E. Five weekly pickups of 4 cu. Yard containers,
including large grocery, furniture or department stores,
etc., per month $329.49
F. Six weekly pickups of 4 cu. Yard containers,
including large grocery, furniture or department stores,
etc., per month $411.92
G. Customer requiring more than four (4) cu.
Yds each pickup would be charged per cu.
Yds. Collected., per yard $4.56
3. Commercial Containers.
CONTRACTOR will provide commercial containers
to those customers who desire to use them in lieu
of garbage cans. The use of such CONTRACTOR
provided containers is required by this contract.
Rates for containers and pickup will be based
on the following table:
Container Size: Frequency of Pickup
2013 - 14/2014 -15
1
2
3
4
5
6
2 cu. Yard
$56.06
$95.46
$115.30
$131.81
$148.29
$164.75
3 cu. Yard
$67.57
$121.89
$168.06
$192.73
$217.48
$242.17
4 cu. Yard
$83.98
$145.02
$197.69
$238.87
$280.09
$321.28
6 cu. Yard
$118.66
$197.69
$271.86
$346.02
$420.08
$494.24
8 cu. Yard
$140.06
$255.36
$354.18
$453.06
$552.61
$650.78
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10 cu. Yard $161.43 $296.51 $420.08 $527.23 $634.28 $741.35
4. Roll-Off Rates Per Pull Open Top Containers - Dry Material
20 cu. Yard $304.77
30 cu. Yard $362.42
40 cu. Yard $420.08
Roll -off Rental (no pulls within billing cycle) $126.02
per container per month
Collection and Disposal of Municipal Wastes
5. Wet Material Rates on Compactor containers
or open top containers with wet material must be
negotiated with customers at the time they are
needed. This type of waste must be hauled to a
Type 1 landfill which generally has a higher
disposal rate attached to it.
Roll -off Container Delivery Charge per container $36.73
Roll-off Relocation or Trip Charge per container $36.73
2 cu. Yard compactor, per month (2 services per week)
$217.14
Extra pick ups (2 yard compactor), each
$82.33
4 cu. Yard compactor, per month (2 services per week)
$447.33
30 cu yard Compactor, per pull
$551.91
40 cu yard. Compactor, per pull
$655.71
30 cu yard Open -top (Recycle), per pull
$205.82
Front -Load container extra pick -up charges
2 cu yard
$28.01
3 cu yard
$35.01
4 cu yard
$42.02
5 cu vard
$49.02
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8 cu yard $56.02
10 cu yard $63.01
OVER WEIGHT CHARGE $28.09
To address non standard requests, the solid waste contractor can negotiate a fee
with the customer requesting the service. The City will collect 15% of the
negotiated fee per the franchise agreement.
Annual permit fee, per fiscal year ... $2500.00"
Section 4. All ordinances, orders or resolutions heretofore passed and
adopted by the City Council of the City of Schertz, Texas, are
hereby repealed to the extent that said ordinances, orders or
resolutions, or parts thereof, are in conflict herewith.
Section 5. If any section, subsection, clause, phrase or provision of this
Ordinance, or the application thereof to any person or
circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unconstitutional, the remaining
sections, subsections, clauses, phrases and provisions of this
Ordinance, or the application thereof to any person or
circumstance, shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
Section 6. This Ordinance shall become effective immediately upon its
passage and publication as provided by law, and it is accordingly
so ordained.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT
THIS ORDINANCE WAS PASSED and APPROVED on first reading this the 23`d day of June,
2015.
PASSED, APPROVED and ADOPTED on second reading this the 28th day of July, 2015.
APPROVED:
Mayor Pro -Tem, Cedric Edwards
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ATTEST:
i Secretary, Bren a Denni
APPROVED AS TO FORM:
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