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90-F-31 Solid Waste .. 01 '. . . ORDINANCE NO. 9l1-r- "3/ AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE V, CHAPTER 7 1/2, MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL, 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 municipal solid waste collection and disposal in the City of Schertz, Texas; and WHEREAS, This Ordinance shall be known and may be cited as the Municipal Solid Waste Franchise Ordinance of the City of Schertz, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I THAT the code of Ordinances, City of Schertz, Texas be amended as follows: "ARTICLE V - MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL CHAPTER 7 1/2 Section 7 1/2-46. PURPOSE. This Article is to provide guidance relating to the award of a franchise for the collection and disposal of Municipal Solid Waste. It is found to be in the public interest that the City of Schertz make adequate provision for these services as a health and safety measure. The ordinance awarding a franchise for these services shall include all provisions required in this Article, and any additional provisions deemed necessary to protect the interest of the citizens of the City of Schertz. The effect of this Article is to treat the collection and disposal of Municipal Solid Waste as a public utility. '. Section 7 1/2-47. DEFINED TERMS. a. Municipal Solid Waste (hereinafter referred to as MSW) is defined as garbage, trash, refuse, brush, 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 lS defined as any period thirty (30) days or more. Section 7 1/2-48. GRANTS OF AUTHORITY. a. Whereas the City of Schertz has the authority for the award of franchises, and the award of such a franchise may be exclusive or non-exclusive. The award of a franchise will include provisions allowing for the occupation or use of streets, alleys, easements and public ways within the franchise, to the extent necessary to accomplish the object of the franchise, for an agreed upon consideration. Section 7 1/2-49 INDEMNIFICATION, INSURANCE AND BONDS. a. The FRANCHISEE shall indemnify and save harmless the City of Schertz and all agents, officers, employees and representatives thereof from and against any and all loss sustained by the City of Schertz on account of any suit, judgment claim or demand whatsoever, resulting from the negligence on the part of the FRANCHISEE, its agents, or employees in the performance of services under its franchise. b. The FRANCHISEE shall agree to carry liability insurance and Workers Compensation insurance and any other insurances required by state law. The limits will be prescribed in the ordinance awarding the franchise. Said policy (or policies) must be approved by the City Attorney and be in force before service commences, with original or certified copies on file with the City Secretary. Said policy (or policies) shall include the following provisions: (1) An endorsement requiring thirty (30) days notice, ln writing, to the City Manager before amendment or cancellation by the insurance company. -2- ~ (2) A provision naming the City of Schertz as the additional insured. c. The FRANCHISEE shall furnish an annually renewable bond to the City guaranteeing the faithful performance of obligations of the FRANCHISEE under terms of the franchise, which bond shall be in force before service commences, and be subject to the following: (1) Such bond shall be executed by the FRANCHISEE and one or more sureties approved by the City Attorney. (2) Either the bond or certified copies must be on file with the City Secretary for Schertz, Texas. (3) The bond 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 the 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 city of Schertz for all liquidated damages for the failure of the FRANCHISEE well and faithfully to observe and perform any provision of the franchise, and for any amount billed to the FRANCHISEE by the City of Schertz for the cost of the City of Schertz's performing or causing to be performed the FRANCHISEE's obligation, as provided herein. Section 7 1/2-50 QUALITY AND PERFORMANCE STANDARDS. a. Any franchise awarded under this Article will contain provisions relating to both quality and performance. These provisions will include, but not be limited to, the following: (1) Quality of Service (2) Equipment and Maintenance Thereof (3) Standby Equipment (4) Routes and Pickup Points (5) Times and Frequencies of Pickup with Provision for Holidays (6) Types of Containers (7) Limb and Tree Pickup (8) Dead Animal Pickup (9) Areas of Service and Interruption in Service (10) Office Hours, Staffing, and Service Logs (11) Complaint Resolution -3- Section 7 1/2-51 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 or as a result of construction, will be removed by the FRANCHISEE as part of the regular service and rates for such service shall be determined in the particular franchise. Section 7 1/2-52 CHANGES IN TIMES AND ROUTES OF COLLECTION. The City Council reserves 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 contemplated by the City of Schertz. No changes in collection schedule shall be made by FRANCHISEE without approval by the City of Schertz. Section 7 1/2-53 DISPOSAL OF MSW. FRANCHISEE shall have the responsibility for the disposal of all MSW collected under the franchise and all of said 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 Texas Department of Health Resources, Texas Water Quality Board, Environmental Protection Agency and the Texas Air Control Board. Section 7 1/2-54 SPECIAL CONSIDERATIONS. a. The FRANCHISEE will provide pickup twice weekly for the City of Schertz at City properties at no cost to the City of Schertz. Containers will be of the size and type appropriate to volume and characteristics of material. b. The FRANCHISEE will provide special pickup during the July 4th Schertz Jubilee and Annual Firemen's Supper at no charge. Placement of containers will be at the direction of the City Parks and Recreation Department. The FRANCHISEE will provide one 20 cubic yard roll-off container at no charge to the City of Schertz. c. The FRANCHISEE will provide special pickup services daily at designated locations during the Schertz Annual Spring Cleanup. The FRANCHISEE wll provide five 40 yard roll-off containers to the City of Schertz. -4- d. Twice each year FRANCHISEE will pickup white waste. Times are at FRANCHISEE discretion, with a minimum of 120 day gap between dates. Selected dates shall be published in local media. This pickup will include large household appliances, furniture (or bulky items), tires, or other material not normally collected during twice weekly pickup. This service will be at no cost to the City of Schertz, or the public. e. Provisions for special considerations may vary based on the specific purpose of a franchise. Section 7 1/2-55 DURATION OF THE FRANCHISE AND RENEWAL OPTIONS. The award of a franchise will contain provisions for the duration of the franchise and renewal options. Section 7 1/2-56 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 an awarded franchise, the FRANCHISEE shall be subject to all lawful exercise of the police power by the City of Schertz and to such reasonable regulations as the City of Schertz shall from time to time provide, pursuant to the exercise of such police power. c. The FRANCHISEE of a franchise, by acceptance of such franchise expressly acknowledges and accepts the right of the City of Schertz to issue such franchise and further agrees to fully comply with all appropriate regulations promulgated by any appropriate government agency of competent jurisdiction. Section 7 1/2-57 NON-TRANSFERABILITY OF FRANCHISE RIGHTS. The FRANCHISEE shall not sell, transfer, or assign its franchise rights, 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. -5- Section 7 1/2-58 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 a FRANCHISEE with relation to the operation of the MSW collection system within the City of Schertz. In this connection, the City of Schertz 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 vote to declare the franchise a privilege and default and terminate it. Section 7 1/2-59 NOTICES. Where written notices are to be provided, same shall be sufficient to notify FRANCHISEE if mailed by certified mail to the proper address as specified in the franchise and shall be sufficient to notify the City of Schertz if mailed by certified mail to City Secretary, City of Schertz, P.o. Drawer I, Schertz, Texas 78154. Section 7 1/2-60 BILLING, COLLECTION AND PAYMENT. The ordinance awarding a franchise will contain specific provisions for Billing, Collection, and Payments to the FRANCHISEE. Section 7 1/2-61 COMPLAINTS. 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. Provisions for resolution of such complaints shall be contained in the franchise. Section 7 1/2-62 SERVICE RATES. Rates for services provided under an awarded franchise will be provided by separate exhibit to the awarding ordinance and published in the City Code. Regulation of such rates is provided for in Section 11.06 of the City Charter. -6- Section 7 1/2-63 PENALTIES. a. Any person, association, organization, company, or corporation who shall perform franchise services described in this Article or described in a franchise awarded pursuant to this Article, without authority of duly awarded franchise and payment of consideration, 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, association, organization, company, or corporation, upon award of a franchise under this Article, who fails to provide the services described in the awarded franchise, is subject to a fine of two hundred <$200.00) dollars for each and every day such service is not performed. Section 7 1/2-64 PUBLICATION COSTS. The FRANCHISEE shall assume the cost of publication of the Ordinance awarding the franchise and Exhibit as such publication is required by law and such is payable upon the FRANCHISEE's filing of acceptance of the franchise." II All ordinances and parts of ordinances ln conflict with this ordinance are hereby repealed. -7- '1 .., ~" APPROVED on first reading the ~ day of #OR'e/Hbr"1(,19 90 . PASSED, APPROVED AND ADOPTED this the do day of J/dpeAlhe{' 199CL. ATTEST: z SEAL OF CITY -8-