2000F35-SOLID WASTEORDINANCE NO.
AN ORDINANCE
AWARDING CIBOLO WASTE INCOROPORATED
DBA BEXAR WASTE INC. AN INTERIM MUNICIPAL
SOLID WASTE COLLECTION AND DISPOSAL AND
A RECYCLING PROGRAM CONTRACT; IMPOSING
PROVISIONS AND CONDITIONS RELATING TO
THE EXERCISE OF SAME; AND PROVIDING FOR
PENALTIES NOT TO EXCEED $200.00 FOR
VIOLATION THEREOF AND DECLARING AN
EMERGENCY.
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 company named below, and;
WHEREAS, it is found that our current franchise award will expire
on 31 December 2000, and the new franchise award will not become effective
for some period thereafter;
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 Interim
Municipal Solid Waste Collection and Disposal 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, 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.
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d. Permanent is defined as any period thirty (30) days or more.
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.
Section 3. GRANTS OF AUTHORITY
a. There is hereby granted by the City of Schertz (hereinafter called the
CITY), to Cibolo Waste Incorporated dba Bexar Waste Inc., a corporation
organized under the laws of the State of Texas (hereinafter called the
CONTRACTOR), the right and privilege to operate and maintain within the City
of Schertz a service for the collection and disposal of MSW. Relationship of the
CONTRACTOR and the CITY 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 CITY hereby grants the CONTRACTOR, 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 CONTRACTOR shall indemnify and save harmless the CITY, and
all agents, officers, employees and representatives thereof from and against any
and all loss sustained by the CITY on the account of any suit, judgment, 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 ordinance.
b. CONTRACTOR agrees to carry general liability insurance naming the
CITY as additional insured in the amount of $1,000,000.00 combined single
limit; auto liability naming the CITY 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 Att0mey.
(3) Said policy (or policies) must be in force before the
CONTRACTOR 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 CONTRACTOR shall furnish an annually renewable bond to the
CITY in the amount of $150,000.00 guaranteeing the faithful performance of
obligations of the CONTRACTOR under terms of this ordinance, be in force
before the CONTRACTOR commences service, and be subject to these
requirements:
(1) Such bond shall be executed by the CONTRACTOR 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 CONTRACTOR 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 CITY for all
liquidated damages for the failure of the CONTRACTOR to well and faithfully to
observe and perform any provision of this ordinance, and for any amount billed
to the CONTRACTOR by the CITY for the cost of the CITY's performing or
causing to be performed the CONTRACTOR'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. The CONTRACTOR 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
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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 CONTRACTOR 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 CITY must approve such routes prior to commencement of operations.
(2) Garbage containers shall be placed so that they are accessible
from the curbline 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 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 Frequencies of Pickup and Holidays.
(1) CONTRACTOR 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 500 feet of a
residence, the residential area times will apply.
(2) There shall be twice a week pickup of MSW for all classes of
customer accounts. (The number of pickups may vary for commercial
activities, depending on volume and characteristics of waste materials. See
paragraphs 2 and 3, Exhibit 1).
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(3) Holidays. Collection will be made for all residential accounts
twice weekly regardless of National or State holidays, except for Christmas Day,
New Years Day, July 4, and Labor Day. CONTRACTOR may observe any or all
the holidays noted above. However, CONTRACTOR shall collect MSW at least
one day during those weeks when holidays are observed.
(4) Exceptions. Once a week collection of residential MSW is
allowed in certain areas of the City as designated by the CITY. In these areas
only, the CONTRACTOR shall provide 96 gallon containers at no charge to the
resident.
e. Types of Containers. Garbage containers shall be watertight
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 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 CONTRACTOR.
f. Limit on Tree Pickups. All brush and large trimmings to be collected
by the CONTRACTOR shall be placed by customers at the curbline. 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 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 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. ^ 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
large dead animals, such as cows, horses, mules, and goats.
h. Area of Service and Interruption in Service.
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(1) The CONTRACTOR will collect MSW from all residents and
commercial businesses in the City, not delinquent in the payment of the
authorized service, or as directed by the CITY.
(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 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 CONTRACTOR.
(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 CITY shall have the right to terminate the rights and privileges
granted in this ordinance.
i. Office Hours, Staffing, and Service Logs.
(1) Office. The CONTRACTOR shall establish and maintain an
office in the City of Schertz 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.
(2) Office Staffing and Log. The office mentioned in sub-paragraph
(1) shall be staffed with sufficient competent personnel to handle calls and
inquiries during office hours. ^ daily log of all service calls, complaints and
inquiries taken therein shall be maintained by the CONTRACTOR and be
available to the CITY upon request.
Section 6. 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 CONTRACTOR as part of the regular
service but rates will be derived from Exhibit 1, paras 3, 4 and 5.
Section 7. CHANGES IN TIMES AND ROUTES OF COLLECTION.
The City Council reserves the right to change or alter the times and routes of
collection. The CONTRACTOR 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 the CONTRACTOR without
approval by CITY.
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Section 7. DISPOSAL OF MSW.
The CONTRACTOR 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 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 Natural Resources Conservation
Commission.
Section 8. SPECIAL CONSIDERATIONS.
a. The CONTRACTOR will provide pickup twice weekly for the CITY at
City properties at no cost to the CITY. Containers will be of the size and type
appropriate to the volume and characteristics of material.
b. The CONTRACTOR will provide special pickup during the July 4th
Schertz Jubilee and Annual Fireman's Supper at no charge. Placement of
containers will be at the direction of the Director of Public Works. The
CONTRACTOR will provide one 20 cubic yard roll-off container at no charge to
the CITY for each event.
c. The CONTRACTOR will provide services for special residential
pickups, such as new move-ins, tree trimming, and similar circumstances.
The CONTRACTOR may charge a fee for this service to be billed by the City of
Schertz.
Section 9. DURATION OF THE CONTRACT
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 of ninety (90) years, or 31
March 2001, or upon final execution of an awarded franchise for these same
purposes, whichever occurs sooner. The CONTRACTOR 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 CONTRACTOR on behalf of the CONTRACTOR before a notary
public or other officer authorized by law to administer oaths.
Section 10. SEPARABILITY, COMPLIANCE WITH APPLICABLE LAWS AND
NON-CONTEsTABILITY BY CONTRACTOR.
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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 CONTRACTOR
shall be subject to all lawful exercise of the police power by the CITY and to
such reasonable regulations as the CITY shall from time to time provide,
pursuant to the exercise of such police power.
c. The CONTRACTOR, 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. 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. CONTRACTOR 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. CONTRACTOR may appeal
to City Council, which will make a final determination. The penalty will be
deducted from CONTRACTOR proceeds the billing cycle following City Manager
determination unless appealed, in which case City Council will provide further
instruction. Twenty-five (25) unresolved complaints will be a basis for contract
review by City Council for possible franchise termination.
Section 12. NOTICES.
Where written notices are provided for in this ordinance, same shall be
sufficient to notify CONTRACTOR 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 Secretary, City of Schertz, P. O. Drawer I,
Schertz, Texas 78154.
Section 13. SERVICE RATES.
Rates for services provided under this ordinance are contained in Exhibit 1.
The CONTRACTOR shall have the option of requesting a change in service rates
pursuant to Section 11.06 of the City Charter, prior to the second year, and
every year thereafter, if the ordinance is renewed.
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Section 14. 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 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 for lack of payment of any
garbage bill or any part thereof.
b. CONTRACTOR shall be paid by CITY 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 CITY. CONTRACTOR 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 15. RECYCLING
a. The CONTRACTOR 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 CONTRACTOR will transport
all recyclable material to a third party for sale. All proceeds from the sale of
recyclable material will inure to the CITY.
b. The CONTRACTOR shall provide appropriate bins for recycling to
each residence at no charge. Bins will be replaced at CITYS expense if the bins
were stolen and a police report corroborates the theft. Additional bins may be
purchased by the homeowner or resident at CONTRACTORS cost.
c. Details, such as the types of material to be recycled, advertisement of
the program, recycling dates, etc. will be coordinated with the CITY 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
CONTRACTOR.
d. 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.
e. Proceeds received from the sale of recyclable material shall be
disbursed by the City Council at their discretion.
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Section 16. 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 CONTRACTOR 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 CONTRACTOR 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
($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 CITY, 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 the need for timeliness requires this Ordinance to be acted on as an
emergency, requiring the suspension of the Charter provision that no
ordinance be passed on the day it is introduced, and such Charter provision is
accordingly suspended and this Ordinance is declared to be an emergency
measure.
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PASSED APPROVED AND ADOPTED this the/~day of
Mayor, City of Schertz, Texas
ATTEST
City Secretary, City of Schertz
SEAL OF CITY
11
ACCEPTED-
~Ey?R WA~~NC~CTOR
Title- 7-
Notice Address'
Bexar Waste, Inc.
P. O. Box 577
Schertz, TX 78154
Attention: Henry Gutierrez
State of Texas
County of Guadalupe
by
This instrument was acknowledged on
of Bexar Waste,
Inc. on behalf of such corporation.
(NOTARY SEAL)
/ Notary Public
Commission Expires
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·
EXHIBIT 1
SERVICE RATES
for Collection and Disposal of Municipal Waste
1. Residential
Class I-Residential, Single Family
Rate $7.18 per month
Special Pickup: Move Ins, Special Tree Trimmings, oversize
similar circumstances.
materials, and
Rate $10.00 minimum.
Recycling.
resale value.
The collection of that fraction of MSW that is reusable or has
Rate $1.25 per month (this rate is net to CONTRACTOR)
Class IA: Residential, Front Door
Rate $10.48 per month
Class lB: Once a week residential pick-up in selected areas.
will provide a 96 gallon cart at no charge).
(CONTRACTOR
Rate $7.18 per month
Class II' Mobile Home Parks (2 or more
park on the 15th day of the month)
mobile homes)
(based on number in
Rate $5.75 per unit per month
Class III: Apartments
Rate 185.75 per unit per month
Class IV: Motels
Rate $2.50 per month per unit per month
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2. Commercial
Class V- Offices, barber shops and professional services
Rate 159.00 per month
Class VI' Light retail, wholesale, commercial or industrial, 2000 to 4000 square
feet and excluding large grocery stores, etc.
Rate $15.150 per month
Class VII: Medium retail, wholesale commercial or industrial (2000 to 4000
square feet and exclude large grocery store, etc.
Rate $22.50 per month
Class VIII: Heavy volume retail, wholesale, commercial or industrial (placement
into 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 1.5 cubic
grocery, furniture or department stores.
yard
containers, excluding large
Rate $40.00 per month
b. Two weekly pickups of 3 cu. yard containers, excluding large grocery,
furniture or department stores, etc.
Rate $80.00 per month
c. Three weekly pickups of 3 cu. yard containers, excluding large grocery,
furniture or department stores, etc.
Rate $125.00 per month
d. Four weekly pickups of 4 cu. yard containers, including large grocery,
furniture or department stores, etc.
Rate $150.OO per month
e. Five weekly pickups of 4 cu. yard containers, including large grocery,
furniture or department stores, etc.
Rate $200.00 per month
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f. Six weekly pickups of 4 cu. yard containers, including large grocery,
furniture or department stores, etc.
Rate $250.00 per month
g. Customer requiring more than four (4) cu. yds each pickup would be
charged per cu. yds. collected.
Rate $2.75 per yard
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
1 2 3 4 5 6
2 cu. Yard $34.00 $58.00 $70.00 $80.00 $90.00 $100.00
3 cu. yard $41.00 $74.00 $102.00 $117.00 $132.00 $147.00
4 cu. yard $51.00 $88.00 $120.00 $145.00 $170.00 $195.00
6cu. yard $72.00 $120.00 $165.00 $210.00 $255.00 $300.00
8 cu. yard $85.00 $ lS5.00 $215.00 $275.00 $335.00 $395.00
10cu. yard $98.00 $180.00 $255.00 $320.~ 15385.00 $450.00
4. Roll-Off Rates Per Pull Open Top Containers - Dry Material
20 cu. yard
$185.00
30 cu. yard
$220.00
40 cu. yard
$255.00
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 I landfill which generally has a
higher disposal rate attached to it.
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THE STATE OF TEXAS,
County of Guadalupe
PUBLISHER'S AFFIDAVIT
o.
Before me, the undersigned authority, on this date personally appeared Tommy D.
Crow, 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 notice was published in said newspaper
1 time before the return day named therein, such publications being on the following
dates'
December 24, 2000
and a newspaper copy of which is hereto attached.
corporated, I~A ~
Waste, Inc., a franchise fdr
municipal solid:' waste col,..
cling, and a ~househotd ~
ardous waste pro~; in~
pos~g provokes and ~
ditions relating to ~e exes,
repealing all ord~ or
Passed on r~st reading, the.
Sworn to and subscribed before me this
~~'~ay of December, A.D., 2000.
Notary Public, Guadalupe County,
Texas
THE STATE OF TEXAS,
County of Guadalupe
PUBLISHER'S AFFIDAVIT
Before me, the undersigned authority, on this date personally appeared Tommy D.
Crow, 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 notice was published in said newspaper
1 time before the return day named therein, such publications being on the following
dates:
December 24, 2000
and a newspaper copy of which is hereto attached.
Awarding Cibolo Waste In-
corporated, · .DBA Bexar.
;~ating to. the exercise of
i-~,~.:,;;,a~;, ~ng ..for..
;and: declaring an emergen-
!PASSED, APPROVED
AND ADOPTED, the 19th
.
.......
Sworn to and subscribed before me this ~ ~day of December, A.D., 2000.
CAROL ANN AVERY
Notay ~ Stat~ d Texas
Notary Public, Guadalupe County, Texas