ORDINANCE NO. 185
.
ORDINANCE NO. 185
AN ORDINAlJCE GRANTING
A FRANCHISE TO OPERATE A Gk~AGE COLLECTION
SER1i1CE IN THE CITY OF SCHERTZ, TE7..A.S,
AND PRESCRIBING THE TERnS, OCNDITIONS, OBLIGA-
TIONS AND LnrrTATIONS UPON AND UNDER ~~THICH SUCH
F'RAl'J"CHISE SHALL BE EXERCISED
1/HEREAS, the City of Schertz, Texas, was incorporated
under the general law of the State of Texas; and
i,rHEREAS, said City has the right and duty to provide for the
health and welfare of its citizens; and
1V::-'EREAS, the City Council of too City of Schertz has
determined that it is in the public interest far said Council to
grant an exclusive franchise to provide for the satisfactory and
efficient collection of garbage, weeds, and other refuse in order
to maintain safe and sanitary conditions within said City;
NOW, THEFlEFORE, BE IT ORDAIN'ID BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ:
1. Grant of Authority. TOOre is hereby granted by the City
of Schertz (hereinafter called "City"), to
, a company, (hereinafter called "Contractor"),
the right and privilege to operate and maintain within the City of
Schert" a service for the collection and disposal of garbage,
weeds, brush and other refuse.
2. Exclusive Grant. The right and privilege granted OOrein
for the purposes set forth shall be exclusive and no other contrac-
tor, person or corporation shall be permitted to engage in the
garbage collection within the City of Schertz during the
term of this franchise.
3. Compliance with Laws and Ordinances. The Contractor shall
at all times during the life of this franchise, be subject to all
lawful exercise of the police power by the City, arl1. to such
reasonable regulations as the City shall hereafter by ordinance
provide. In addition, Ccntractor will Observe all state laws
regulating the collection and disposal of garbage (also see paragraph
6F).
4. Liability. It is expressly understood and agreed by and
between the City and the Contractor that the Contractor shall in-
demnify and SDve the City harmless from any and all loss sustained
by the City on acco'1nt of any suit, judgment, claim or demand what-
pcever, resulting from the negligence on the part of said Contrac-
tor, its agents, or ';ncployees in the performance of services under
this franchise 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 acci-
dent; 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 the City in a Form to be approved by
the City Attorney a bond guaranteeing pe~
formance of the provisions of this franchise
in the amount of $10,000.00. Said bond shall
show Contractor as principal and a Surety
Company authorized 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 franchise. The
following shall be considered as mandatory requirements;
A. i':quipment. All equipment, including motor
vehicles and trucks necessary for the performance
of this franchise 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, water-tight, with completely en-
closed "packer" type bodies that are designed
and manufactured for the collection of gar-
bage and rubbish. Said collection vehicles
shall be painted and nunt>ered and shall have
Contr'lctor t s name and telephone number
on each side of the vehiCle. All vehicles
shall be kept in a clean and sanitary ccn.,..
dition and shall be cleaned inside and out-
side at least once each week.
B. Office. Contractor shall establish and main-
ta:LJ1 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 the following holidays: New Year I s
Day, Independence Day, Labor Day, Thanksgiving
Day, Christmas.
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C. Office Location. The Office mantioned in
Sub-paragraph B shall be staffed with suffi-
cient competent personnel to handle calls
and inquiriries during office hours. A daily
log of all service calls, complaints and
inquires received by telephone or otherwise
and the action taken thereon shall be main-
tained by Contractor.
D. Routes and Times of Collection. Contractar
shall collect, remove, transport and dispose
of garbage, weeds, and refuse from areas de-
signated by the City Council according to the
schedule attached hereto as Exhibit "A" hereof.
E. Changes in Times and Routes of Collection.
'l'he CJ.ty Council reserves the right to change
or alter the times and routes of collection.
Contractor shall be given at least five (r,')
days' notice if any such action is contem-
plated 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 responsib:Ll:Lty of the disposal
of all refuse, garbage and weeds collected under
this agreemant 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 or to be established
by the Texas State Dep artment of Health to in-
clude the Texas Air Control Board. (Said disposal
shall be accomolished outside the city limits of the
City of Schertz, Texas ).
G. Area of Collection. Contractor will collect
garbage from all property owners within 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 and refuse
Should be interrupted by any reason for more
than forty-eight (46) hours, the City shall have
the right to make temporary independent arrange-
ments for the purpose of continuing this neces-
sary service to its citizens in order to provide
and protect the public health and safety.
I. Excessive Interruption in Service. Jf the inter-
ruption in service mentioned in the paragraph
next above continues for a period of thirty (30)
days, then City shall have the right to termin-
ate the rights and privileges granted in this
franchise.
7. Term of Franchise. Franchise rights herein granted shall
take effect and be in force from and after the final passage hereof
as required by law, and upon filing of acceptance by the Contractor
wit.h the City Secretary, and shall continue in force and effect for a
term of three years effective June 1, 1969. If the terms of this fran-
chise
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are not accepted by the Contractor and said acceptance in writing filed
with the City Secretary Nithin thirty (30) days after the passage bereof,
all rights granted icereunder shall be null and void.
A. Revocation. Franchise right granted hereunder may be
terminated by the City of Schertz 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 '8articipation in saj,d contract
ninety (90) days in advance of said proposed termina-
tion of contract.
8. Non-transferability of Franchise Rights. The Contractor shall not
accept, sell, transfer or assign its rifhts or system under this franchise
to any other person or corporation without the approval of the City
Council.
9. Rates, Collection Payment. The rates to be charged are as
sho",m in exhibit "A" and the city shall make or shall cause to be made
all collections thereof. Contractor shall be paid by City at the rate
of Ninety-percent (90%) sr of amount billed for each customer
served for which billing is made by City. Con'~ractor shall be paid what
he is due from City within 5 days after the clcsing date of each billing
period with tbe last montbly payment hereunder to be made during the first
calendar month after the expiration of the tern hereof or after the cancell-
ation hereof, as the case may be.
10.'lecords and Reports. City shall have access at'r8asonable 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 Sec1'etary ,at the City flaIl of the City of Schertz:
A. Reports of the results of all complaints and investigations
received and co~leted each month by Contractor.
B. Reports of all changeG in equipment used In Contractor's
operation.
C.:'.ecord of all changes in number of res'idents 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, popers and records of Contractor with re-
lation to the operation of the garbace collection system wi ttin the City.
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. ,
., ~.
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 wit-
nesses. 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 befor'e said Council, Council shall have
power by ordinance to declare this franchise a privilege and default
and terminate it.
12. Notices. ~1here written notices are provided for in this
Ordinance, same shall be sufficient to notify Contractor if mailed
by certified mail to
: and shall be sufficient to
notify City if mailed by certified mail to City Secretary, City of
Schertz, Drawer I, Schertz, Texas 78154.
13. Separability. If any secUon, sentence, clause or' para-
graph of this Ordinance is for any reason held to be illegal, or
invalid, such invalidity shall not affect the validity of the re-
maining portion of this Ordinance. Ordinance No. 164, and
all ordinances and agreements in conflict herewith are hereby repealed,
effective 10 April 1969
PASSED AND APPROVED this lOth day of April 1969.
ATTEST:
:VR~/f/!L'jlQ/rJ /
Mayor
Ji, fir, (Jt,~~OP P
City ecretary
14. Acceptance: The above Ordinance ~ranchise is hereby accepted
in all things by Contractor, of the City of Schertz, this
day of
, 1969.
Contractor
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,. .
Exhibit "A"
1. ROUTES Aim THlES OF COLLECTIONS. Garbage pick-up shall be twice a
week per customer In City. The City shall be divided into two routes for purpcses of
the colle ction of re gular garbage, small brush an d limb pickup as follows:
Honday and Thursday:
Route No. 1
Tuesday and Friday:
Route No. 2
"dednesday and Saturday
Route No.3 (If and when required.)
2. PICKUP POINTS F0R COLLECTIONS: Garbage containers shall be placed so that they
are accesslble ~'rom the alley without the collector entering upon private property.
Collections shall be made at the curb line. Exceptions to the latter requirement must
be approved by the City Council. Lids are to be replaced by Contractor. Reason-
able care in handling trash cans will be taken by Contractor.
3. THIES OF COLLECTION: Contractor shall make no collections in residential districts
prior to (:00 A.H. and collections in business districts shall not be commenced earlier
than 6:00 A.M.
4. (,rASTE FRm; BUILDINGOPEtATIONS: Rocks, waste, scrap, building materials, or other
trash resulting from construction or major remodeling; resulting from a general clean-
up of vacant or improved property just prior to its occupancy, or resulting from size-
able amounts of trees, brush and debris cleared from property in preparation for con-
etr'lction, will not be removed by the contractor' a1" a part of regular service but may
be done for the owner on payment ')f an extra charge as agreed to betlfeen the owner and
the Contractor with such payments being made directly to the C')ntractor. The owner,
at his option, will have such debris removed at his expense by a private hauler of his
choice.
". DEAD ANn,ALS: 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 re-
quired to be accepted by the Contractor. The contractor upon call with no extra com-
pensation 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 pick-
ups and filed with the City Secretary on a monthly basis. The owner shall be respon-
sible for the removal and disposal of excessively large dead animals, such as cows,
horses, mules and goats.
6. LI~TT ON T~EE PICm;PS: All brush and large trismings to be collected by Contractor
shall be placec by property owners at the curb line. Trees, brush, and limbs cannot exceed
(5) feet in length. Leaves and ~rass clippings aDd small brush items are to be placed
in cardboard containers or garbage cans.
7. CERVICE FEZS: ":ne fai'r' anc :reasonable rates for collecting garhage, trash, and
brush as equltable to all citizens are (to be determined by bid):
A. Residential
Class I - Residence, Single Family
Per Honth
Class II - Trailer Parks (2 or more)
Per unit Per l'ionth
(based on number in park
on 15th of month)
Class III - Aparuncnts
Per unit
Class IV - I'!!otels
Per units
B~. Commercial
';1or" V - Offices, Barber Shops, Beauty Shops, and
Professional Services
Per 1'1onth
Class VI - Lifht retail/
Industrial (Grocery Store under 2000
sq feet)
Per Nonth
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.. "'.. .
Class vn - Kedium retail/
Industrial (Garages, Filling Stations,
Drug Stores, Grocery Stores 2000-4000
sq. feet.)
Per Nonth
Class VIII - Heavy 'letaH/
In du strial
Per Month
8. COMNERCIAL CONTAINER: Contractor will provide commercial containers to
those customers who desire to use them inlieu of garbage cans. The use of such
containers is not required by this ordinance by any specific customer. If desired
arrangements for their lease or purchase will be made with the Sanitation Contractor.
Monthly lease charge for these mechanical lifted containers shall not exceed (to
be determined by Bid):
Container Size
Times Serviced Per l~eek
1
2
3
4
5
6
1 Cu Yd
2 Cu Yd
3 Cu Yd
9. BILLING Aim CC'LLECTICN : 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 office of the Utilities Department. All charge,s Shall be due and
payable each month concurrent ,rith utility bills and if not paid on or before the
due date, the City shall assess a 10~ penalty for delinquancy and collection ex-
pense.
PASSED k D A?F"-IWED THIS
lOth
day of
April
1969
ATT~ST
fi'i'l. @ ; pj, lJ),J)
}'f,AYO.
11. ~;)MiRl
CITY SE Tk'J.
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NOTICr: TO BIDDERS
Advertisement for Bids for the Sanitation Franchise for the City of
Schertz, Texas
The City of Schertz, Texas, will receive sealed bids until 8:00
P. M. May 8, 1969 at the office of the City Secretary,
Schertz, Texas at which time bids will be publicly opened and read
aloud for furnishing materials and doing all the work in the operation of
an exclusive garbage collection service in the City of Schertz, Texas.
Copies of the proposed franchise may be examined without charge in the
office of the City Secretary, SChertz, Texas and may be obtained from
the City Secretary.
Bids must be submitted on the proposal form furnished by the City
Secretary. Any bid received after closing time will be returned unopened.
The City of Schertz, Texas, reserves the right to reject any or
all bids, to award the contract in what it deems its best interests, and to
waive any informality or technicality in the proposals, and agrees to take
action within thirty (30) days.
Given pursuant to a resolution arJopteo. by the City Council of the City
of Schertz, Texas on the Tenth day of AprH 1969.
q~i{ !ld4
Hayor of Schertz
ORDINANCE 110. 18S-A
Ai', ORDJNANCc AUTHORIZING SPECHL GAPJ3AGE PICKUP
SERiIICE .Al~D ESTABLISHING FEE TI-IEREFO;.i.
\'lEERcAS, Ordinance No. lSS-A, Sanitation Franchise, was promulgated on the
basis of an invitation to bidders and provides that garbage containers shall be
places so that they were accessible from an alley without the collector enter-
ing upon private property, or at a curb line where no alley exists or is in-
assessible,
\-IFEREAS, some citizens whose normal garbage pick up point is the curb line
have requested that special service be provided with pickup from the garage door
area, and
''If'''EREAJ, the contractor, has agreed to provide such service and wOl'ld accept an
amendment to Exhibit "A", Ordinance No. 185 authorizing same for an additional
monthly billing fee of $1.05 per residence.
NO',T TBEREJ'DRE BE IT ORDAJNED BY 'lEIS CI TY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
Paragraph 2, Exhibit "A", to Ordinance No. 185 authorizing same for an additional
of the following:
"b. Special Pickups. j..Jhere normal garbage pickup would be made from 'the
curb line a special pickup from the garage area (exterior) may be contracted for
by the individual customer with the contractor by accomplishing a request for
such service, executing a signed statement releasing the City of Schertz,
Texas and/or the Contractor from all manner of claims, damages, and lossed in
the performance of this special garbage collection service, and agreeing to the
addition of the amount of
per month per residence for said service to
regular garbage bi11ing of the City of Schertz and payable to the City of
.Schertz. In providing this special pickup service the Contractor and/or
his representatives are strictly prohibited from opening any doors, entering any
building or simular enclosure, to include opening of any gates in order to enter
upon private property."
PASSED AND APE:OVED THIS lEE lath DAY OF APECL 1969