2000F30-SOLID WASTEORDINANCE NO.
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 F~CEED
$200.00 FOR VIOLATION THEREOF; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCE IN
CONFLICT WITH THIS ORDINANCE AND DECLARING
AN EM ERGENCY.
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 SCHER'I~, TEXAS'
THAT Chapter 7 1/2 of the code of Ordinances, City of Schertz, Texas
amended as follows:
be
"ARTICLE V- MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL
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 8chertz 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' (hereafter referred to as MSW) is defined as
garbage, trash refuse, brush, yard waste, and other waste generated in
residences and commercial establishments.
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b. "White Waste" is defined as refrigerators, washing machines, tires,
large pieces of furniture or other bulky items.
c. "Temporarf' is defined as any period of time less than thirty (30) days.
d. 'Permanent' is defined as any period of time 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 7 1/2-48. GRANTS OF AUTHORITY. 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 City and its extraterritorial jurisdiction, 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 or alleged
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 insurance 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 ^ttomey and be in force before
service commences, with original or certified copies on file with the City
Secretary. Said policy {or policiea} shall include at least the following
provisions'
(1) An endorsement requiring thirty (30) days notice, in writing, to
the City Manager before amendment or cancellation by the insurance company.
(2) A provision naming the City of Schertz as an additional insured.
c. The franchisee shall furnish an annually renewable bond to the City
guaranteeing the faithful performance of obligation~ of the franchisee under
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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 written
notice to the City Manager.
(4) The bond shall provide 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 quality, performance, and services to be provided. These provisions
will include, but not be limited to, the following:
(1)
(~)
(3)
(4)
(6)
(7)
(8)
(11)
(12)
(13)
(14)
Quality of Service
Equipment and Maintenance Thereof
Standby Equipment
Routes and Pickup Points
Times and Frequencies of Pickup with Provision for Holidays
Types of Containers
Limb and Tree Pickup
Dead animal Pickup
Areas of Service and Interruption in Service
Office Hours, Staffing, and Service Logs
Complaint Resolution
Household Hazardous Waste
Recycling
Billing Procedures
Section 7 1/2-51 TEMPORARY AND PERMANENT ROLL-OFF CONTAINERS.
Rocks, waste, scrap, building materials, or other trash resulting from
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constnaction 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, shall be removed by the franchisee as part of the
regular service and rates for such service shall be determined in the particular
franchise. Billing for these services will be provided solely by the City of
Schertz.
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. The franchisee shall be given at least five {51 days notice if any
action is required by the City of 8¢hertz. No changes in collection schedule
shall be made by franchisee without approval by the City of 8chert~.
Section 7 1/2-53. DISPOSAL OF MSW. Franchisee shall have the sole
responsibility for the proper disposal of all MSW and Household Hazardous
Waste 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, Env/ronmental
Protection Agency, the Texas Air Control Board, and the Texas Natural
Resources Conservation Commission.
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. Containera will be
of the size and type appropriate to volume and characteristics of material.
b. The franchisee will provide special pickups during thc July 4th
Schertz Jubilee and Annu~ Firemen's Supper at no charge. Placement of
containers will be at the direction of the City Public Work Department. The
franchisee will provide one 20 cubic yard roll-off cont~ner at no charge to the
City of 8chertz.
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
fr~¢hisee will provide five 40 yard roll-off cont~ners to the City of Schem
placed at sites determined by the Director of Public Works.. Thi~ pickup will
include large household appliances, furniture {or bulky items} fires, or other
material not normally collected during twice weekly pickup. The dates will be
established by the City of 8chcrtz. This service will be a no cost to the City of
Schert~, or the public. 8elected dates ~hall be published in local media at the
expense of the franchisee.
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(2) The franchisee will provide special pickup services daily at
designated locations during the Schcrtz Annual Fall Cleanup. The franchisee
will provide five 40 yard roll-off containers to the City of $chertz. Scheduling
will be at the discretion of the franchisee, with a minimum of 150 days between
the Schertz Annual Spring Cleanup and the Schertz Annual Fall Cleanup. This
pickup will include large household appliances, furniture (or bulky items),
fires, 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. Selected dates
shall be published in local media at the expense of the franchisee.
e. The franchisee will provide services for the collection of Household
Hazardous Waste. The franchisee may charge a fee for this service to be billed
by the City of Schertz.
f. 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.
g. The franchisee will provide for a recycling service.
g. 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-CONTESTABLITY BY FRANCHISEE
a. If any section, subsection, sentence, clause, phrase or portion of this
Article V 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 ~ubject to all lawful exercise of the police power by the City of Schertz
and to such reasonable regulations as the City of 8chertz shall from time to
time provide, pursuant to the exercise of such police power.
c. The franchisee by acceptance of such franchise expressly
acknowledges and accepts the right of the City of Schertz to issue such
franchise and further agree~ to fully comply with all appropriate regulations
promulgated by any appropriate government agency of competent jurisdiction.
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Section 7 1/2-57 NON-TRANSFERABILITY OF FRANCHISE RIGHTS. The
franchisee shall not sell, transfer, or assign its franchise fights, 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 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, Recycling, and Hazardous Waste collection systems
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. The City of Schertz will bill for all services
provided by 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.
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 a duly awarded
franchise and payment of consideration, shall be cited by the appropriate City
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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 Article, who fails to provide the services described in the awarded
franchise, shall be cited by the appropriate City agency, and is subjeet 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 the awarded franchise, 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 the awarded franchise.
Section 7 1/2-64 PUBLICATION COSTS. The franchisee shall assume the cost
of publication of the Ordinance awarding the franchise as such publication is
required by law and such is payable upon the franchisee 's filing of acceptance
of the franchise.'
II
That City of Schertz Ordinance 90-F-31 and any other ordinances and parts of
ordinances in conflict with this ordinance are hereby repealed.
III
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.
PASSED, APPROVED AND ADOPTED this the/~'.~ay of /~_.~2000.
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ATTEST
CiW Secretary, City of Schertz
SEAL OF CITY
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THE STATE OF TEXAS,
County of Guadalupe
PUBLISHER'S AFFIDAVIT
,fL/i. do
Before me, the undersigned authority, on this date personally appeared L. A. Reynolds,
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 ~,aid county; that
a copy of the within and foregoing notice was published in said newspaper 2 times
before the return day named therein, such publications being on the following dates:
Gazette-Enterprise October 22, 2000
PennySaver October 26, 2000
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me this ~_~. ~'/JT"-~day of October, A.D., 2000.
CAROL ANN AVERY
~'lx ~ ~t~ J X l NotaryPubli~SmmolTB~a~
Notary Public, Guadalupe County, Texas