Loading...
1994F31- AMENDING CODE OF ORDINANCE CH. 7 1/2, EXHIBIT 3 ADDING SECTION 8.01, 17C, AND ATTACHMENT 1 ORDINANCE NO. 1'1 -F- 3 ! AN ORDINANCE AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, CHAPTER 7 1/2, EXHIBIT 3, BY ADDING SECTION 8.01, RECYCLING, AND SECTION l7c, BILLING AND COLLECTIONS, AND ADDING ATTACHMENT 1. WHEREAS, the citizens of the City of Schertz creation of a curbside recycling program by referendum in May, 1994; and approved the non-binding WHEREAS, Incorporated on and an agreement was reached with Alamo Waste the operation of a curbside recycling program; WHEREAS, a clarification was needed on the authority for billing solid waste collection fees established within the Franchise Agreement; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT Chapter 7 1/2, Exhibit 3, be amended to add Section 8.01, Recycling, as follows; "Section begin in December, operation exhibit." 8.01. Recycling. A curbside recycling program will the City of Schertz on 1 January, 1995 and expire on 31 1996. The agreement with the Franchisee on the of the program is cited as Attachment 1 to this THAT Chapter 7 1/2, Exhibit 3, Section 17, Billing, Collection and Payment, be amended to add Section l7c. as follows; "c. Each residential and commercial enterprise within the City limits of the City of Schertz will be billed for solid waste collection services as provided for in Exhibit 2 of this chapter. Each residential customer within the City limits of the City of Schertz will be billed at a rate of $1.25 per month for recycling service. Failure to pay for these services subjects the residence or commercial enterprise to loss of utility services as described in Chapter 19, Sections 19-10 through 19-12." Approved on first reading the /40f /j0t'f"/tIJhdC, 1994. ADOPTED this the I~ day of ~ Mayor, City of Schertz, Texas PASSED, APPROVED AND A1r1t/-('/J1hrR ,1994 . ATTEST: City of Schertz (SEAL OF CITY) ATTACHMENT 1 c. Recycling Agreement and Extension of Franchise 1. This agreement is made and entered into by and between the City of Schertz, hereinafter called the "City", and Alamo Waste Incorporated, hereinafter called the "Company" for the provision of a curbside recycling service within the City limits of the City of Schertz. A second part of this agreement relates to the extension of the "Original Franchise" previously awarded to the Company. 2 . Terms recyclable party. Defined: materials Recycling means the collection of (defined below) for resale to a third 2.1. Recyclable Materials: Recyclable Materials means; newspapers (including "slicks"), aluminum and steel cans, plastics (HDPE and PET), glass (all colors). Changes to this list of ~aterials may be made by mutual consent of both parties based on technology and market conditions and after appropriate publicity to citizens. 2.2. Original Franchise. The Original Franchise is defined as Ordinance 90-F-34, approved 18 December, 1990, as amended by Ordinance 93-F-7, approved 16 February, 1993. 3 . Whereas referendum, agreeing to this price agreement. the citizens of the City have, by non-binding elected to have a curbside recycling program, pay not more than $1.25 per residence, per month: will not be adjusted for the duration of this Now therefore, both parties agree to the following terms and conditions. Recycling Agreement 4. The Company agrees to provide a curbside collection program to every residential customer in such collections to be made twice each month residences. recycling the City, from each 4.1. The Company agrees that material collected under this recycling program will under no circumstances be disposed of in a landfill, except those materials found to be contaiminated or for which market conditions do not justify recycling the material. The Company shall not be responsible for recyclable material after delivery to a/the recycling facility/reseller. -1- 4.2. The Company agrees to provide a suitable company owned container for the collection of recyclable material to all residents of the City (at no cost to the customer or the City); 4.3. The Company agrees to present to the City all proceeds from the sale of recyclable material in the City. In addition, the Company agrees to provide detailed records and receipts for all recyclable material sold to include: Specific tonnage/poundage for each type of material, price received per ton/pound for each type of material, who purchased the material, and any other information requested by the City in order for the City to monitor and audit amounts payable to the City under this paragraph. Such payments to be made on the first business day of each month. Such records shall be available on an as needed basis. 4.4. The Company agrees to begin this recycling program on 1 January, 1995. 4.5. The Company agrees to provide suitable company owned containers for recyclable materials at all city offices at no charge to the City. 4.6. The Company agrees to produce publicity documents (with prior City approval) about the recycling program in the form of flyers, pamphlets, leaflets, or other similar notices, at no cost to the customer or the City. Such publicity documents to be provided in advance of the beginning of this program, each 6 months as a reminder to all citizens, to new residents as they move in, and thereafter from time to time when changes or adjustments to the program are made. Publicity documentation will include; the materials to be collected, collection times, specific instructions, changes to the program, and other information to encourage maximum participation in the program. This information may be distributed by "flyer" insert in the city newsletter, newcomer packets, be attached to the recycling container, or any other media agreed upon by the parties. 4.7. The City agrees to charge and bill each residential customer not more than $1.25 per month, per residence. The City will pay the Company 97% of the amount billed each month. Payments for this recycling program will be made in the same fashion as is done under the Original Franchise Agreement, and may be combined into a single payment. 4.8. The recycling portion of this agreement will expire on December 31, 1996, or sooner. Upon expiration, the program will be evaluated on its merits and a determination will be made at that time to continue, revise, or cancel the program. -2- 4.9. The company agrees to operate a recycling "drop-off" center for the convenience of Schertz citizens. Franchise Extension 5. The City agrees to extend the Original Franchise an additional four years under conditions cited below. The extended franchise agreement will expire on December 31, 2000. 5.1. The company agrees to place a cap on trash collection rates as described in the Original Franchise awarded to the Company not to exceed 6.5% for each of the calendar years 1995 and 1996. Requested rate increases will include, within such limit, both cost of living increases and landfill "tipping" fee changes, and will provide complete justification for each. The rate cap is integral to the operation of the recycling program. 5.2. The company agrees to place a cap on trash collection rates as described in the Original Franchise awarded to the company not to exceed 8.25% for each of the calendar years 1997, 1998, 1999, and 2000. Requested rate increases, within such limit, for trash collection will include both cost of living increases and landfill "tipping" fee changes, and will provide complete justification for each. 6. This agreement is an addition to the Original Franchise Agreement between the City and the Company, and in no way alters the obligations of either party under the Original Franchise Agreement. 7. This agreement, as it terminated by minute order of cause, effective upon sixty Company. relates to recycling, the City Council, with or (60) days written notice may be without to the 7. 1. This agreement, as it relates to the Original Franchise and the franchise extension granted herein, may be terminated by minute order of the City Council upon a determination by the City Council that the service provided by Company under the remaining term of the Original Franchise or the extended term thereof, as the case may be, is unsatisfactory. The Company shall receive written notice from the City providing reasonable details concerning such determination of unsatisfactory service and shall be provided an opportunity to address the City Council before any final termination action is taken by the City. The City shall provide at least sixty (60) days written notice to the Company of the proposed termination of the Original Franchise or the extended term thereof, as the case may be. -3- 8. This agreement does not preclude the complete re-negotiation of the Original Franchise agreement between the Company and the City prior to its normal or extended expiration date. 9. This agreement, including both the recycling provisions and extension of the Original Franchise, may be terminated by the City at any time during the term hereof in the event of the sale or other disposition of ownership of the stock or assets of the Company. This provision shall not prohibit the Company from granting a security interest in its land, building, and/or equipment or the normal disposition of Company property from time to time in the normal course of business. Termination of this agreement by the City under the terms of this paragraph is not mandatory, but is subject to the sole discretion of the City Council. 10. This agreement is entered into by the parties in multiple originals each having full force and effect on this the .2 /.s'T day of t!)enA/.-A! , 1994 by: City of s~ertz", (- y~---- ~~ Sweatt City Manager ~Alomo woo;;;;:::.ted enr utierrez Vic President/ General Manager -4- ORDINANCE NO. 94-F-31 ORDINANCE NO. 94-F-31 I PUBLISHEIAN ORDINANCE AMEND- IAN ORDINANCE AMEND- . - - - - -, ING THE CODE OF ORDI- ING THE CODE OF ORDI- NANCES, CITY OF J NANCES, CITY OF SCHERTZ, TEXAS, / V. '7 U SCHERTZ. TEXAS, CHAPTER 7 1/2, EXHIBIT 0 CHAPTER 7 1/2. EXHIBIT 3. BY ADDING SECTION 3, BY ADDING SECTION 8,01. RECYCLING, AND 8,01, RECYCLING, AND SECTION 17e BILLING SECTION 17e BILLING AND COLLECTION. AND THE STATE OF TEXAS, AND COLLECTION, AND ADDING ATTACHMENT 1. ADDING A TT ACHMENT1. Passed. approved and Passed, approved and adopted the 15th day of No- adopted the 15th day of No- vember 1994. County of Guadalupe vember 1994. June G. Krau.... June G. Krause, City Secretary City Secretary //' ~ li ,1. - . Before me, the undersigned authority, on this date personally appearedJl,~ rA yju;, .S known to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and foregoing N~1~ was published in said newspaper U times before the return day named therein, such publications being on the following dates: Nl\"-4~r ~. !J-/; / 110 L.'U' , "", - - - - 110- . '.;1 " ORDINANCE NO. 94-F-31 ORDINANCE NO. 94-1'-31 AN ORDINANCE AMEND- AN ORDINANCE AMEND- ING Tl-tE CODE OF ORDI. ING THE CODE OF ORDI. NANCES, CITY OF NANCES, CITY OF SCHERTZ, TEXAS, SCHERTZ, TEXAS. CHAPTER 7 112, EXHIBIT CHAPTER 7 112, EXHIBIT 3, BY ADDING SECTION 3, BY ADDING SECTION 8.01, RECYCLING, AND i8,01, RECYCLING, AND SECTION 17e BILLING iSECTION 17e BILLING AND COLLECTION, AND 'AND COLLECTION, AND ADDING ATTACHMENT 1. ADDING ATTACHMENT 1. Passed, approved and Passed, approved and adopted the 15th day of No- adopted the 15th day of No- vember 1994. vember 1994. ~ ',n8 G. Krauss,' June G. Krause, ~ "--- day of I({j{-{~.f /Qc;y and a newspaper copy of which is hereto attached. Sworn to and subscribed before me, this,c91 {)p A.D., 19 '. #':-~"''''' hl",':'~-~(,(r\\ {~~/..Jh. ,.<;~~\ CHERYL SOSA \1,c,,- ! .! '>,;~:( ).1 ~lotllyPu~Iic.StlleolTexas \. J/'''4. ~i J My CCilTImlSSlOn Expires Feb. 3, 1998 \l')o~~,...__,_.,,~.;; \~~. /\ UJI- ~ Notary Public, Guadalupe County, Texas