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2001F02-SOLID WASTEORDINANCE NO. ~-o,/_ ~_ ~ AN ORDINANCE GRANTING CIBOLO WASTE INCORPORTATED DBA BEXAR WASTE INC., A FRANCHISE FOR MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL' A RECYCLING, AND A HOUSEHOLD HAZARDOUS WASTE PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO EXCEED $200.00 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 to have a municipal solid waste collection and disposal service in the City of Schertz, Texas, and WHEREAS, the City of Schertz has reviewed and is satisfied with the qualifications of the FRANCHISEE named below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS- Section 1. SHORT TITLE. This Ordinance shall be known and may be cited as the Bexar Waste Municipal Solid Waste Collection and Disposal Franchise Ordinance of the City of Schertz, Texas. Section 2. DEFINED TERMS. a. Municipal Solid Waste (hereinafter referred to as MSW) is defined as garbage, trash, refuse, brash, yard waste, and other waste generated in residences and commercial establishments. b. White Waste is defined as refrigerators, washing machines, tires, large pieces of furniture or other bulky items. c. Temporary_ is defined as any period of less than thirty.(30) days. , . d. Permanent is defined as any period thirty' (30) days or more. 1 e. Household Hazardous Waste is defined as; toxic automotive products; fungicides, herbicides, insecticides, and Weed killers; toxic household products; paints, thinners, and other wood treatment products. f. Recycling is defined as the curbside collection of that fraction of MSW that is reusable and has resale value. 3. GRANTS OF AUTHORITY Section a. There is hereby granted by the City of Schertz (hereinafter called FRANCHISER), to Cibol° Waste Incorporated dba Bexar Waste Inc., a corporation organized under the laws of the State of Texas (hereinafter called FRANCHISEE), the right and privilege to operate and maintain within the City of Schertz a service for the collection and disposal of MSW. Relationship of FRANCHISEE and FRANCHISER is purely contractual. No other function or relationship is implied. b. The right and privilege granted herein for the purpose set forth shall not be exclusive. c. The FRANCHISER hereby grants the FRANCHISEE, under the terms, conditions and consideration of this ordinance, permission for the occupation or use of the streets, alleys, easements and public ways where defined, for the purpose of collection and disposal of MSW, to the extent necessary to accomplish the object of this ordinance. Section 4. INDEMNIFICATION, INSURANCE AND BONDS. a. The FRANCHISEE shall indemnify and save harmless the FRANCHISER, and all agents, officers, employees and representatives thereof from and against any and all loss sustained by the FRANCHISER on the account of any suit, judgrr~nt, claim or demand whatsoever, resulting from the negligence on the part of Said FRANCHISEE, its agents, or employees in the performance of services under this ordinance. b. FRANCHISEE agrees to carry general liability insurance naming the FRANCHISER as additional insured in the amount of $ i,000,000.00 combined single limit; auto liability naming the FRANCHISER as additional insured in the amount of $1,000,000.00 combined single limit, and worker compensation insurance as provided by State law. (1) The policy Or policies shall provide by endorsement that it may only be cancelled or amended by the insurance company after thirty (30) days notice, in writing, to the City Manager. (2) Said policy (or policies) must be approved by the City Attorney. (3) Said policy (or policies) must be in force before the FRANCHISEE commences service. ' (4) Either the original policy (or policies) or certified copies must be on file with the City Secretary for Schertz, Texas. c. The FRANCHISEE shall furnish an annually renewable bond to the FRANCHISER in the amount of $150,000.00 guaranteeing the faithful performance of obligations of the FRANCHISEE under terms of this ordinance, be in force before FRANCHISEE commences service, and be subject to these requirements- (1) Such bond shall be executed by the FRANCHISEE and one or more sureties approved by the City Attorney. (2) Either the bond (or bonds) or certified copies must be on file with the City Secretary for Schertz, Texas. (3) The bonds (or bonds) must provide by endorsement that it cannot be cancelled or amended by the bonding company prior to thirty (30) days notice to the City Manager. (4) The bond Shall be conditioned 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, the amount thereof shall be recoverable from the principal and surety thereof by the FRANCHISER for all liquidated damages for the failure of the FRANCHISEE to well and faithfully to observe and Perform any provision of this ordinance, and for any amount billed to the FRANCHISEE by the FRANCHISER for the cost of the FRANCHISER's performing or causing to be performed the FRANCHISEE'S obligation, as provided herein. Section 5. QUALITY AND PERFORMANCE STANDARDS. Acceptance of this ordinance carries with it expectations of both efficiency and quality of service. The standards below are considered minimum standards. a. Quality of Service. Customer satisfaction is the ultimate measure of the quality of service. FRANCHISEE will make every reasonable effort to insure the rate paying customer is treated with 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 13. b. Equipment and Maintenance Thereof. All equipment, including motor vehicles and trucks necessary for the performance of this ordinance shall, at the beginning of the period hereof, be in good condition and repair. Stand-by equipment shall always~ be available. The trucks used in collection of MSW shall be all metal, watertight, with completely enclosed "Packer" type bodies that are designed and manufactured for the collection of garbage and refuse. Said 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 each week. c. Routes and PickUp Points. {1} The FRANCHISEE will provide proposed routes for purposes of the collection of regular garbage, small brush and limb pickup as follows: Monday and Thursday Tuesday and Friday Wednesday and Saturday The FRANCHISER must approve such routes prior to commencement of operations. (2) Garbage ¢:ontainers shall be placed so that they are accessible from the curbline withoul the collector entering upon private property. Special cases to allow for front milding line collection will be authorized by mutual agreement of the FRANC:HISEE and the FRANCHISER when the residents at any house are mentally Or physically incapable of placing containers at the curbline. (3) No trash Or garbage containers will be placed on the curbline earlier than twenty-four (24) hours prior to the time of collection nor later than twenty-four (24} hours after the time of collection. d. Times and Frequ~mcies of Pickup and Holidays. {1) FRANCHISEE shall make no collections in residential areas prior to 7:00 A.M., and collections in business districts shall not be commenced earlier than 6:00 A.M. When a business is within $00 feet of a residence, the residential area times will apply. (2) There slaall be twice a week pickup of MSW for all classes of customer accounts. (Tt~e number .of pickups may vary for commercial activities, depending on v'olume and characteristics of waste materials. See paragraphs 2 and 3, Exhitdt 1). 4 (3) Holiday~ twice weekly regardless c New Years Day, duly 4, the holidays noted abov one day during those we~ . Collection will be made for all residential accounts f National or State holidays, except for Christmas Day, md Labor Day. FRANCHISEE may observe any or all ~ However, FRANCHISEE shall coliect MSW at least ;ks when holidays are observed. (4) ExceptiOns. Once a week collection of residential MSW is allowed in ertmn areasOf the City as designated by the FRANCHISER. In these areas only, FRANCHISEE shall provide 96 gallon containers at no charge to the resident. e. Types of Cont_ainers_. Garbage containers shall be watertight receptacles of solid and clurable grade of metal or plastic, not to exceed thirty (30) gallons in capacity, ~r plastic or other waterproof bags manufactured for the purpose of containi g 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 iwr}?~e_. ~s~t~c_t_u.r_e_.s_,_ _such as ~n.s~e b_ands, and reinforcing angles or anything · ~,,,,, ~,,, cu~xtmner ro prevent ~ree 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. f. Limit on Tree Pickups. All brush and large trimmings to be collected by the FRANCHISEE shall be-placed by customers at the curbline. Trees, brush and limbs cannot eXCeed four inches (4") in diameter nor five feet (59 in length. All limbs and brush must be in bundles not to exceed sixty (60) pounds each. Leaves andgrass clippings and small brush items are to be placed in cardboard containers, plastic trash bags, or garbage cans. g. Dead Animal Pickup. Dead animals shall not be placed in garbage containers. Dead animals in excess of (75) seventy five pounds are not required to be accepted by the FRANCHISEE. The FRANCHISEE, upon call with no extra compensation, shall as a special service pick up small dead animals from the street, or upon request from a customer. A record shall be kept of these special service pickups and filed with the City Secretary on a monthly basis. The owner large dead animals, such a: h. Area of Service an( (1) FRANCHIS commercial businesses in authorized service, or as dir shall be responsible for the removal and disposal of ~ cows, horses, mules, and goats. Interruption in Service. EE will collect MSW from all residents and the City, not delinquent in the' payment of the 'ected by the FRANCHiSER. 5 (2) InterruPtion in Service_. In the event that the collection and disposal of MSW Shall be interrupted by any reason for more than forty-eight (48) hours, the FRANCHISER shall have the fight 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. -' 3' ( ) Excessive Interruption in Service. If the interruption in service described in the paragraph next above continues for a period of thirty (30) days_, the FRANCHISER shall have the fight to terminate the rights and privileges granted in thiSl Ordinance. i. Office Hours, staffing, and Service Logs. (1) Office_____~ FRANCHISEE shall establish and maintain an office in the City of Schertz with Itelephone 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. (2) Office Sta (1) shall be staffed with inquiries during office h~ inquiries taken therein s to the FRANCHISER upo~ ~ng and Log. The office mentioned in sub-paragraph sufficient competent personnel to handle calls and mrs. A daily log of all service calls, complaints and hall be maintained by FRANCHISEE and be available ~ request. Section 6. TEMPORARyAND 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 ~mproved property just prior to its occupancy; or resulting from sizable amounts of trees, brash and debris cleared from property in preparation for construction, will be removed by the FRANCHISEE as part of the regular service but rates will be derived from Exhibit 1, paras 3, 4 and 5. Section 7. CHANGES IN :rIMES AND ROUTES OF COLLECTION. The City Council reserve., the right to change or alter the times and routes of collection. FRANCHISEE ,shall be given at least five (5) days notice if any such action is scheduled to be discussed by City Council. No changes in collection schedule or routes shall be made by FRANCHISEE without approval by FRANCHISER. _ Section 8. DISPOSAL OF MSW. · FRANCHISEE shall have the responsibility for the disposal of all MSW collected Under this ordinance and all of said materials shall be disposed of in compliance with the lawns 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 Natural Resources Conservation Commission. Section 9. SPECIAL CON'SIDERATIONS. a. The FRANCHISEE will provide pickup twice weekly for the FRANCHISER at City prOPerties at no cost to the FRANCHISER. Containers will be of the size and type appropriate to the volume and characteristics of material. b. The FRANCHI~ Schertz Jubilee and Ant containers will be at ti FRANCHISEE will provid the FRANCHISER for eacl gEE will provide special pickup during the July 4th ~ual Fireman's Supper at no charge. Placement of [e direction of the Director of Public Works. The .~ one 20 cubic yard roll-off container at no charge to ~ event. c. Twice each year FRANCHISEE will pickup White Waste. ~1} The FRANCHISEE will provide special pickup services daily at designated locations during the Schertz Annual Spring Cleanup. The FRANCHISEE will provide five 40 yard roll-off containers to the FRANCHISER, placed at sites determined by the Director of Public Works. This pickup will include large household appliances, furniture {and other bulky itemsl tires or other material not normally collected during twice weekly pickup. The dates will be established by the FRANCHISER. This service will be at no cost to the FRANCHISER, or the public. Selected dates shall be published in' local media at the expense of the FRANCHISEE. {2) The FRANCHISEE will provide special pickup services daily at designated locations during the Schertz Annual Fall Cleanup. The FRANCHISEE will provide five 40 yard roll-off containers to the FRANCISER. Scheduling will be at the, discretion of the FRANCHISEE, with a minimum of 1,50 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) ti.res or other material not normally collected during twice weekly pickup. This service will be at no cost to the FRANCHISER, or the public. Selected dates shall be published in local media at the expense of the FRANCHISEE. 7 e. 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 of Schert_z. ~ Section 10. DURATION O17 TIlE i~'~NCI-tlSE AND I~ENEWAL OPTIONS. a. This ordinanc:e and the fights, privileges, and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, and sh~dl continue in force and effect for a term of three (3) years, or 31 December 9':003 whichever occurs sooner, provided that, within thirty (30) days after the second reading of this Ordinance, the FRANCHISEE shall file with the FRANC'HISER 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. b. This ordinance may be renewed for an additional period of two (2) years unless for just cause either the FRANCHISER or FRANCHISEE gives written notification of the termination of this ordinance to the other ninety (90) days prior to the expiration of the two (2) year term if this ordinance. Section 11. SEPARABILITY, COMPLIANCE WITH APPLICABLE LAWS AND NON-CONTESTABILITY BY FRANCHISEE. a. 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 effect the validity of the remaining portions thereof. b. At all times during the term of this ordinance, the FRANCHISEE shall be subject to all lawful exercise of the police power by the FRANCHISER and to such reasonable regulations as the FRANCHISER shall from time to time provide, pursuant to the exercise of such police power. c. The FRANCHICEE, by acceptance of this ordinance, expressly acknowledges and accepts the right of the FRANCHISER to issue such franchise and further agrees to fully comply with all appropriate regulations promulgated by any appropriate government agency of competent jurisdiction. 8 Section 12. NON-TRANSFERABILITY OF FRANCHISE RIGHTS. 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, such approval not to be unreasonably withheld. Section 13. COMPLAINTS AND RESOLUTION. a. 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. b. FRANCHISEE will pay a penalty of not less than $25.00 or more than $200.00 for each customer complaint not satisfactorily resolved. Satisfactory resolution will be determined by the City Manager. FRANCHISEE may appeal to City Council, which will make a final determination. The penalty will be deducted from FRANCHISEE proceeds the billing cycle following City Manager determination unless appealed, in which case City Council will provide further ins.truction. Twenty-five (25) unresolved complaints will be a 'basis for contract remew 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 FRANCHISEE with relation to the operation of the MSW collection system within the City of Schertz. In this connection, the FRANCHISER shall have the right, through its City Council, to take testimony and compel the attendance of witnesses or the 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 FRANCHISEE refuses to give testimony before said City Council, 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 FRANCHISEE if mailed by certified mail to the proper address as specified in this ordinance and shall be sufficient to notify the FRANCHISER if mailed by certified mail to City Secretary, City of Schertz, P. O Drawer I, Schertz, Texas 78154. ' Section 16. SERVICE RATES. Rates for services provided under this ordinancer are contained in Exhibit 1. The FRANCHISEE shall have the option of requesting a change in service rates 9 pursuant to Section 11.06 of the City Charter, prior to the second year, and every year thereafter, if the ordinance is renewed. · Section 17. BILLING, COLLECTION AND PAYMENT. a. 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 FRANCHISER and all such fees shall be payable at the Municipal Offices. The FRANCHISER 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 FRANCHISER shall assess a ten percent (10%) penalty for delinquency and collection expenses. Utilities will be discontinued for lack of payment of any garbage bill or any part thereof. b. FRANCHISEE shall be paid by FRANCHISER at the rate of eighty-five percent (85%) of amount billed, excluding penalties and excepting recycling fees, for each customer served for which billing is made by FRANCHISER. 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 18. RECYCLING a. The FRANCHISEE will collect recyclable material once each week from residences and those apartments wishing to participate. Each residence address will be charged a fee for this service. The FRANCHISEE will transport all recyclable material to a third party for sale. All proceeds from the sale of recyclable material will inure to the FRANCHISER. b. The FRANCHISEE shall provide appropriate bins for recycling to each residence at no charge. Bins will be replaced at FRANCHISERS expense if the bins were stolen and a police report corroborates the theft. Additional bins may be purchased by the homeowner or resident at FRANCHISEES cost. c. Details, such as the types of material to be recycled, advertisement of the program, recycling dates, etc. will be coordinated with the FRANCHISER as these items may change from time to time depending on market conditions. The costs for advertisement of this program are the responsibility of the FRANCHISEE. o. d. Participation in the recycling program is voluntary but highly encouraged. Failing to actively participate does. not relieve the ~aomeowner or resident from payment of recycling fees. 10 e. Proceeds received from the sale of recyclable material shall be disbursed by the City Council at their discretion. Section 19. HOUSEHOLD HAZARDOUS WASTE a. Twice each year in conjunction with the Spring and Fall cleanup 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 FRANCHISER. 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. b. The FRANCHISEE may, with approval by the FRANCHISER, 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 Natural Resource Conservation Commission. Section 20 PUBLICATION COSTS. The FRANCHISEE shall assume the cost of publication of this Ordinance and Exhibit as such publication is required by the City Charter and such is payable upon the FRANCHISEE's filing of acceptance of this ordinance. Section 21. PENALTIES. a. Any person, association, organization, company, or corporation who shall perform franchise services described in this ordinance, without authority of a duly awarded franchise and payment of consideration, shall be cited by the appropriate City agency, and shall be subject to a penalty not to exceed two hundred ($200.00) dollars for each and every day such a service is unlawfully performed. b. Any person, employee, association, organization, company, or corporation, upon being named a FRANCHISEE and awarded a franchise under this ordinance, who fails to provide the services described in this ordinance, shall be cited by the appropriate City agency, and is subject to a fine of two hundred ($200.00) dollars for each and every day such service is not performed. c. Any person, association,-organization, company, or corporation, upon being named a FRANCHISEE and awarded a franchise under."this Article, who fails to comply with the service standards described in this ordinance, shall be cited by the appropriate City agency, and is subject to a fine of one hundred 11 ($100.00) dollars for each and every failure to comply with service standards described in this ordinance. d. Any person, association, organization, company, or corporation, excepting the homeowner, resident, or authorized agent of the FRANCHISER, who removes any recyclable material in bins, bags, or cans set at curbside for recycling collection is subject to prosecution under the laws of the State of Texas. II That City of Schertz Ordinance 90-F-34 and any other ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed. PASSED ON FIRST READING 5 DECEMBER, 2000 APPROVED AND ADOPTED this the/~~ay of (~-t~q~t~~ o~o~/ /lVlayor, Ig~'ty of Schertz, Texas ATTEST ~~_~ ~ff~c~_~~ ~ Ci~ Secretary, City of Schertz SEAL OF CITY ACCEPTED: 12 BEXAR WASTe, INC., AS FRAN, CHISEE Title' Notice Address: Bexar Waste, Inc. P. O. Box 577 Schertz, TX 78154 Attention: Henry Gutierrez State of Texas County of Guadalupe This instrument was acknowledged on (~~za/~,~ /'~ o.7~ / ~&~ ~~' *~" of Bex~ Waste Inc. on behalf of such corporation. (NOTARY SEAL) Notary Public N°i~ Pulic, ,~a~ of Taxas ~ Commission Expires 13