85-H-18 WASTE CONTRACT
ORDINANCE NO. flo--tf-/7
AN ORDINANCE
EXTENDING WASTE MANAGEMENT OF SAN
ANTONIO CONTRACT TO OPERATE A
GARBAGE COLLECTION SERVICE IN THE
CITY OF SCHERTZ, TEXAS AND . 0
PROVIDING FOR A SERVICE INCREASE + (9~(f Ch.. ~t"(:)
WHEREAS, Waste Management of San Antonio was granted
a five-year contract to operate a garbage collection service on
October 1, 1980; and
WHEREAS, the contract contains an extent ion option
and a rate increase option based on proof of increased operating
costs; and
WHEREAS, Waste Management of San Antonio desires to
exercise the options of extending their contract and increasing
charges due to increased operating costs; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION I
THAT Waste Management of San Antonio be granted a five-year
extension to their contract for garbage collection in the City of
Schertz, Texas.
THAT the service fees, attached to contract as Schedule "A", are
binding and in effect for the first year of the contract. The
contractor will have the option of reviewing and possible
negotiating a maximum five (5) percent increase, over the
previous year's rates, each of the remaining years of the length
of the contract, such increase to be based on proof of increased
operating costs.
SECTION II SEPARABILITY
If any section, sentence, clause or paragraph of this contract is
for any reason held to be illegal, or invalid, such invalidity
shall not affect the validity of the remaining portion of this
ordinance or contract. Ordinances No. 75-F-30 and No. 78-F-12
are hereby repealed, effective upon passage of this ordinance.
SECTION III
The public importance of this measure to insure the health and
safety of our citizens constitutes and creates an urgent public
necessity requiring that this ordinance be passed and take effect
as an emergency measure, and shall take effect and be in force
immediately upon and after its passage.
PASSED, APPROVED AND ADOPTED this the )
1985.
day of
ATTEST:
~
Schertz
(SEAL OF CITY)
CONTRACT TO OPERATE A REFUSE COLLECTION AND DISPOSAL SERVICE
1. Grant of Authority. There is hereby granted by the
City of Schertz (hereinafter called "City"), to Waste Management
of San Antonio (hereinafter called "Contractor"), the right and
privilege to operate and maintain within the City of Schertz a
service for the collection and disposal of garbage, brush and
other refuse.
2. Exclusive Grant. The right and privilege granted
herein for the purposes set forth shall be exclusive and no other
contractor, person or corporation shall be permitted to engage in
the refuse collection and disposal service within the City of
Schertz during the term of this contract without the mutual
consent of the City and the Contractor.
3. Co~liance with Laws and Ordinances. The Contractor
shall at all times, during the life of this contract, be subject
to all lawful exercise of the police power by the City, and to
such reasonable regulations as the City shall hereafter by
ordinance provide. In addition, the Contractor will observe all
state laws regulating the collection and disposal of garbage.
4. Liability. It is expressly understood and agreed by
and between the City and Contractor that the Contractor shall
indemnify and save the City harmless from any and all loss
sustained by the City on account of any suit, judgement, claim or
demand whatsoever, resulting from the negligence on the part of
said Contractor, its agents, or employees in the performance of
services under this contract agreement.
5. Insurance Requirements. Contractor agrees to carry
public liability insurance naming the City of Schertz as co-
insured in the amount of $100,000.00 per person and $300,000.00
per accident; and property damage insurance in the amount of
$10,000.00. Such insurance will be carried with a reputable
company and said policies must be submitted to and be approved by
the City Attorney.
A. Performance Bond. Contractor agrees to furnish to
City, in a form to be approved by the City Attorney, a
bond guaranteeing performance of provisions of this
contract l.n the amount of $10,000.00, or other
appropriate guarantee monies available. Said Bond shall
show Contractor as principal and a Surety to transact
business in Texas as Surety.
6. Service Standards. The Contractor shall maintain and
operate its collection system and equipment in order to render
efficient service subject to the terms of this contract. The
following shall be considered as mandatory requirements.
A. Equipment. All equipment, including motor vehicles
and trucks necessary for the performance of this
contract shall, at the beginning of the period hereof,
be in good condition and repair. A stand-by vehicle
shall always be available. The trucks used in
collection of garbage or refuse 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. All
vehicles shall be kept in a clean and sanitary condition
and shall be cleaned inside and outside at least once
each week.
B. Office. Contractor shall establish and maintain an
office 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.
C. Office location. The office mentioned in sub-
paragraph B 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 received by telephone or otherwise and the
action taken thereon shall be maintained by Contractor.
D. Routes and Times of Collection. Contractor shall
collect, remove, transport and dispose of garbage, weeds
and refuse from areas designated by the City Council
according to the schedule attached hereto as Exhibit
"An.
E. Changes in Times and Routes of Collection. The City
Council reserves the right to change or alter the times
and routes of collection. Contractor shall be given at
least five (5) days notice if any such action is
contemplated by City. No changes in collection schedule
shall be made by Contractor without approval by City.
F. Disposal of Garbage and Refuse. Contractor shall
have the responsibility of the disposal of all refuse,
garbage and weeds collected under this agreement and all
of said mater ials shall be disposed of in compliance
with the laws of the State of Texas and/or the rules,
regulations and standards established or to be
established by the Texas Department of Health Resources,
Texas Water Quality Board, Environmental Protection
Agency and the Texas Air Control Board.
G. Area of Collection. Contractor will collect garbage
from all property owners within the City needing such
service and not delinquent in the payment of the
authorized service fees.
H. Interruption in Service. In the event that the
collection and disposal of garbage refuse 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.
I. Excessive Interruption in Service. If the
interruption in service mentioned in the paragraph next
above continues for a period of thirty (30) days, then
the City shall have the right to terminate the rights
and privileges granted in this contract.
J. Special considerations.
(1) The City of Schertz will have access to the
Gutierrez Landfill located on FM 3009 (Jack Hays
Boulevard) through the useful life of the site
(approximately one year) for disposal of city-
generated waste hauled in City vehicles, at no cost
to the City, to include disposal of small animals
by animal control personnel.
(2) At the time of closure of the present landfill
site, another site will be available to the City or
a permanent open-top container for disposal of
city-generated waste will be placed at the City
yard at no cost to the City.
(3) The
containers
properties
contractor will
for the City
at no cost to the
provide small refuse
of Schertz at City
City.
(4) The contractor will provide refuse containers
for organizations within the City, (Fire
Department, Festivals, etc.) at no cost.
(5) A temporary open-top container accessible to
the residents of the City will be provided by the
contractor for the annual Spring Cleanup at no
cost.
7. Term of Contract. Contract rights herein granted shall
take effect and be in force from and after the final approval
hereof as required by law and upon filing of acceptance by the
Contractor with the City Secretary, shall continue in force and
effect for a term of five years effective October 1, 1985. If
the terms of this contract are not accepted by the Contractor and
said acceptance in writing filed with the City Secretary within
thirty (30) days after the passage hereof, all rights granted
hereunder shall be null and void.
A. Renewal Option. The Contractor shall have the
option to negotiate for an extent ion or renewal of this
contract.
B. Revocation. Contract rights granted hereunder may
be terminated by the City or by the Contractor on the
giving of notice in writing to the other party to said
contract, of the intention of said party to terminate
his participation in said contract ninety (90) days in
advance of said proposed termination of contract.
8. Non-transferability of contract rights. The Contractor
shall not accept, sell, transfer or assign its rights or system
under this contract to any other person or corporation without
the approval of the City Council.
9. Rates. Collection Payment. The rates to be charged are
as accepted by the City and the City shall make or shall cause to
be made all collections thereof. Contractor shall be paid by
City at the rate of Eighty-five percent (85%) of amount billed
for each customer served for which billing is made by City.
Contractor shall be paid what he is due from City within five (5)
days after closing date of each billing per iod with the last
monthly 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.
10. Records and Re'ports. City shall have access at
reasonable hours to all the Contractor's records, customer
service cards, and all papers relating to the operation of said
Contractor within the City of Schertz. The following records and
reports shall be filed monthly by Contractor with the City
Secretary at the Municipal Offices of the City of Schertz.
A. Reports
investigations
Contractor.
of the results of all
received and completed
complaints
each month
and
by
B. Reports of all changes in equipment used in
Contractor's operation.
C. Record of all changes in number of residents of City
served by Contractor.
11. 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
Contractor with relations to the operation of the garbage
colleciton system within the City of Schertz. In this
connection, the City shall have the right, through its 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 of Board, or agent or employee of Contractor
refuses to give testimony before said Council, Council shall have
power by vote to declare this contract a privilage and default
and terminate it.
12. Notices. Where written notices are provided for in
this contract, same shall be sufficient to notify Contractor if
mailed by certified mail to the proper address as specified in
this contract and shall be sufficient to notify the City if
mailed by certified mail to City Secretary, City of Schertz, P.o.
Drawer I, Schertz, Texas 78154.
13. Routes and times of collection will be in accordance
with schedule "An attached and made a part of this agreement.
14. Rate Confirmation and Qption. The rates shown in
Schedule "An attached are binding and in effect for the first
year of the contract. The Contractor will have the option of
reviewing and possible renegotiating a maximum five (5) percent
increase, over the previous year rates, each of the second,
third, fourth and fifth years of the contract, such increase to
be based on proof of increased operating costs.
15. Billing and Collection. For the purpose of
convenience, the billing and collection of the charges levied for
the garbage service shall be done by the utilities Department of
the City of Schertz 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 for lack of payment of any garbage bill or
any part thereof.
APPROVED
COUNCIL this J.d day of/)f~~ , 1985.
ACCEPTANCE:
Manager
ierrez, Manager
anagement of San Antonio
SCHEDULE nAn
1. Routes and Times of Collection.
twice a week per customer in City.
into two routes for purposes of
garbage, small brush and limb pickup
Garbage pick-up shall be
The City shall be divided
the collection of regular
as follows:
A. Monday and Thursday
Tuesday and Friday
Route No. 1
Route No.2
B. Resident's Special Pickup. When the trash, rubbish,
limbs, rocks and other waste which cannot conveniently be placed
into regular garbage containers, as outlined in paragraph 6, or
represent an unusual weight or size, the resident or prope;:ty
owner may negotiate directly with the Contractor to remove such
trash, by special pickup at an agreeable price. If an agreeable
price cannot be established, the resident is authorized to
negotiate with any other person for this special service.
2. Pickup Points for Collection.
A. Garbage containers shall be placed so that they are
accessable from the curb line without the collector entering upon
private property. Special cases to allow for front building line
collection will be authorized by mutual agreement of the
contractor and the City when the residents at any house are
mentally or physically incapable of placing containers at the
curb line.
B. No trash or garbage containers will be placed on the
curb line earlier than twenty-four (24) hours prior to the time
of collection nor later than twenty-four (24) hours after the
time of collection.
3. Times of Collection. Contractor shall make no collections in
residentail districts prior to 7:00 a.m. and collections in
business districts shall not be commenced earlier than 6:00 a.m..
4. Waste from Building Operations. 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
sizeable amounts of trees, brush and debris cleared from property
in preparation for construction, will not be removed by the
contractor as part of regular service but may be done for the
owner on payment of an extra charge as agreed to between the
owner and the contractor with such payments being made directly
to the Contractor. If, after negotiation with the Contractor,
the owner and the contractor cannot agree on a charge for
removing such debris, the owner may contract with the private
hauler of his choice for removal of such debris.
5. Dead Animals. Dead animals shall not be placed in garbage
containers. Dead animals except for small dead animals such as
cats, dogs and the like, are not required to be accepted by the
Contractor. The contractor 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 shall be responsible for
the removal and disposal of excessively large dead animals, such
as cows, horses, mules and goats.
6. Limit on Tree Pickups. All brush and large trimmings to be
collected by Contractor shall be placed by property owners at the
curb line. Trees, brush and limbs cannot exceed three (3) inches
in diameter nor five (5) feet in length. All limbs and brush
must be tied in bundles not to exceed sixty (60) pounds each.
Leaves and grass clippings and small brush items are to be placed
in cardboard containers and/or garbage cans.
7. Types of Containers. Garbage containers shall be water tight
receptacles of solid and durable grade of metal or plastic, not
to exceed thirty (30) gallons in capacity, 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 the 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, will be condemned by the City of Schertz.
8. Service Fees. The fair and reasonable rates for collecting
garbage, trash, and brush as equitable to all residents are:
A. Residential
Class I Residential, Single Family
$5.40 per month
Class I A Residential, Front Door
(see Section 2A of schedule)
$7.80 per month
Class II
Trailer Parks (2 or more Trailers)
(based on number in park on the
15th day of month)
$3.36 per unit
per month
Class III Apartments
$3.48 per unit
per month
$1. 38 per unit
per month
Class IV Motels
B. Commercial
Class V Offices, barbar shop and
professional services
$6.12 per month
Class VI Light retail, wholesale,
commercial or industrial
(under 2000 square feet)
$9.00 per month
Class VII Medium retail, wholesale
Commercial or industrial,
2000 to 4000 square feet
and excluding large grocery
stores, etc.
$15.35 per month
Class VIII Heavy volume retail, whole-
sale, commercial or industrial
(placement into a category in
this class will be 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 approx-
imately 1.5 cubic yards each
(13 cu. yds. per month) ex-
cluding large grocery, fur-
niture or department stores. $28.78 per month
b. Two weekly pickups of approx-
imately 3 cu.yds each (26 cu.
yds. per month) excluding
large grocery, furniture or
department stores, etc. $58.75 per month
c. Three weekly pickups of
approximately 3 cu. yds each
(39 cu.yds per month) exclud-
ing large grocery, furniture
or department stores, etc. $86.33 per month
d. Four weekly pickups of
approximately 3 to 4 cu.yds.
each, including large grocery
furniture or department
stores, etc. $101.92 per month
e. Five weekly pickups of
approximately 3 to 4 cu.yds.
each including large grocery
furniture or department
stores, etc. $131.89 per month
f. Six weekly pickups of approx-
imately 3 to 4 cu.yds each
including large grocery,
furniture or department
stores, etc. $161.87 per month
g. Customer requiring more
than four (4) cubic yards
each pickup would be charged
per cubic yard collected. $ 1.98 per yard
9. Commercial Containers. Contractor will provide
commercial containers to those customers who desire to use them
in lieu of garbage cans. The use of such containers is not
required by this contract by any specific customer. If desired,
arrangements for their lease or purchase will be made with the
Contractor.
Container Size Times Served Per Week
1 2 3 4 5 6
1 cu. yd. 20.55 32.55 42.84 51. 44 60.01 68.59
2 cu. yd. 23.98 41.13 56.53 68.59 77 .16 85.74
3 cu. yd. 33.87 54.87 80.58 106.30 128.59 142.20
4 cu. yd. 42.35 71. 50 97.08 122.98 148.50 174.35
Large capacity containers are available if desired by customer.
6 cu.yd. 66.55 103.40 144.10 185.35 223.85 265.10
8 cu. yd. 77 . 00 128.70 176.00 227.15 278.85 325.60
10 cu. yd. 89.10 154.00 205.70 264.00 308.00 372.90
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P.O. BOX 2789
UNIVERSAL erN. TEXAS 78148
(512) 658-7424
PUBLISHER' AFFIDAVIT
(COUNTY OF BEXAR)
(STATE OF TEXAS)
I,
Linda Hardin
, authorized representative of the
Herald Newspaper Group, do solemnly swear that the notice, a
printed copy of which is hereto attached, was published once
a week for
1
consecutive week(s) in the Northeast Herald
published at Universal City, Bexar County, Texas, on the following
date(s), to wit: October 10, A.D., 19 85
\~d lJrL
RAID NEWSP GROUP
'"
Subscribed and sworn to before me, this
19 &~.
/0
~
day of ~
~.?
Notary Public in an for '.
Bexar County. Texas.
(ROTARY SEAL)
i I
'.....
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A Division of T oylor Communicotlons. Inc.
ORDMi....t"b NO.
85-H~18
AN ORDINANCE EX-
TENDING WASTE,
MANAGEMENT OF I
SAN ANTONIO CON-
TRACT . TO,
OPERATE A GAR-
BAGE COLLECTION
SERVICE IN THE CI-
TY OF SCHERTZ,
TEXAS, AND PRO-
VIDING FOR A SER-
VICE INCREASE
AND DECLARING
AN E~RGENCY.
Passed, approved and
adopted the 1st day of
October 1~.
June G. Krause
City SeCretary
~