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1975F30 " . . .' :I' THE STATE OF TEXAS ~ COUNTY OF GUADALUPE ~ CITY OF SCHERTZ ~ On this, the 2nd day of September, 1975, at 7:00 o'clock P.M. the City Council of the City of Schertz, Texas, convened at a regular meet- ing at the regular meeting place in the Municipal Building in the City of Schertz, Texas, pursuant to due call and notice to all of the members of said City Council, which meeting was at all times open to the publ ic, and at which meeting the following members were present, to-wit : ROBERT C. BUEKER MAYOR NELL G. FUNK ALDERWOMAN DONALD J. SEEBA ALDERMAN WALTER F. SCHNEIDER ALDERMAN ED L. SHARPE ALDERMAN GAIL HYATT ALDERWOMAN AND DENNY L. ARNOLD CITY MANAGER JUNE G. KRAUSE CITY SECRETARY There being a quorum presnet, the meeting was called to order by the Mayor, and, among other proceedings had were the following: The Mayor introduced the hereinafter set forth ordinance, which has been read and considered at the last regular meeting of the City Council on the 19th day of August, 1975. It was determined that the City .- Secretary,had caused a short synopsis of said proposed ordinance to be published in the official City newspaper qfter its consideration at the last regular meeting of the City Council and prior to this meeting. Whereupon said ordinance was discussed and further considered by the Council. Thereupon it was moved by Councilmember ~~_'_ - Sharpe and seconded by Councilmember -,Seeba that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the City Council and the ordinance was finally passed and adopted by the following vote: AYES: Mrs. Funk, Mr. Seeba, Mr. Shneider, Mr. Sharpe and Mrs. Hyatt. NAYS: None " .f '. " ORDINANCE NO. ?5~-,F -3d AN ORDINANCE GRANTING GUTIERREZ DISPOSAL, INC. A CONTRACT TO OPERATE A GARBAGE COLLECTION SERVICE IN THE CITY OF SCHERTZ, TEXAS AND PRESCRIBING THE TERMS, CON- DITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH CONTRACT SHALL BE EXERCISED AND DECLARING AN EMERGENCY. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. Grant of Authority. There is hereby granted by the City of Schertz (hereinafter called "Citil), to a company (hereinafter called "Contractor"), the right and privilege to operate and main- tain 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 pur- poses set forth shall be exclusive and no other contractor, person or corporation shall be permitted to engage in the garbage collection within the City of Schertz during the term of this contract without the mutual consent of the City and the Contractor. 3. Compliance 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, Contractor will observe all state laws regulating the collection and disposal of garbage (also see paragraph 6 F). 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 the City, in a form to be approved by the City Attorney, a bond guaranteeing performance of provisions of this contract 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 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 IIPackerll type bodies that are designed and manufactured for the collection of garbage and refuse. Said collection vehicles shall be " ' .' painted and numbered and shall have Contractor1s name and telephone number painted in letters of a contrasting coloe 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 AM to 5:00 PM 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 inquires 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 dis- pose of garbage, weeds and refuse from areas designated by the City Council according to the schedule attached hereto as Exhi bit IIAII hereof. 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 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 Department of Health Resources, Texas Water Quality Board, the 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 deliquent 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 City shall have the right to terminate the rights and privileges granted in this contract. J. City vehicles will be allowed to bring up to 1,000 cubic yards of trash to the Contractor's landfill each month without charge. K. The Contractor will furnish commercial containers and collection service to all City buildings or permanent activities where needed at no charge. 7. Term of Contract. Contract 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 with the City Secretary, and shall continue in force and effect for a term of three years effective October 1,1975. If the terms of this contract are not accepted by the Contractor and said acceptance in writing filed with the City Secretary within (30) days after the passage hereof, all rights granted here- under shall be null and void. A. Renewal Option. The Contractor shall have the option to negotiate for a two year renewal of this contract upon the termination of the three year contract period mentioned herein. B. Revocation. Contract rights 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 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 Ninety percent (90%) 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 period 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 Reports. City shall have access at reasonable hours to all the Contractor's records, customer ser- vice 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 City Hall of the City of Schertz: A. Reports of the results of all complaints and investigations received and completed each month by Contractor. 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 Con- tractor with relation to the operation of the garbage collection 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 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 testi- mony before said Council, Council shall have power by ordinance to declare this contract a privilege and default and terminate it. 12. Notices. Where written notices are provided for in this ordinance, same shall be sufficient to notify Contractor if mailed by certi- fied mail to the proper address as specified in this bid 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 "A" which is made a part of this agreement. . . . . SCHEDULE "A" 1. Routes and Times of Collections. Garbage pick-up shall be twice a week per customer in City. The City shall be divided into two routes for purposes of the collection of regular garbage, small brush and limb pickup as follows: Monday and Thursday Tuesday and Friday Route No. 1 Route No. 2 (a) 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 property owner may nego- tiate 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 residential districts prior to 7:00 AM and collections in business districts shall not be commenced earlier than 6:00 AM. 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 con- tractor 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 pick-ups 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 Pic;ups: All brush and large trimmings to be collected by Contractor shall De 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 ex- ceed sixty (60) pounds each. Leaves and grass clippings and small brush items are to be placed in cardboard containers and/or garbage cans. " ' .. I .. .... 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. Con- tainers 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 sharpe edges capable of causing i nj ury to garbage co 1'1 ectors or other persons whose duty it is to hangl e 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: - Offices, barber shop and professional services - Light retail, wholesale commercial or industrial (under 2000 square feet) Class VII - Medium retail, wholesale commercial or industrial 2000 to 4000 square feet and excluding large grocery furniture or department stores, etc. 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) Res identi a 1 Class I Class I A Cl ass II Cl ass II I Class IV (b) Commercial Class V Class VI - Residential, Single Family $3.15 - Residential, Front Door 4.50 (see Section 2A of this schedule.) - Trailer Parks (2 or more trailers) (based on number in park on the 15th day of month) - Apartments - Motels per month per month per unit per month per unit per month per unit per month 1. 90 2.00 .75 3.45 per month 5.10 per month 8.60 per month a. Two weekly pickups of approx- imately 1.5 cubic yards each (13 cu. yds. per month) exclud- ing large grocery, furniture or department stores, etc. based at $1.25 per cu. yd. 16.00 per month b. Two weekly pickups of approx- imately 3 cu. yds each (26 cu. yds. per month) excluding large grocery, furniture or depart- ment stores, etc. based at $1.25 per cu. yd. 33.00 per month -.. ~..' 4 ., . . ~. ~. 4. c. Three weekly pickups of approx- imately 3 cu. yds each (39 cu. yds. per month) excluding large grocery, furniture or department stores, etc., based at $1.25 per cu. yard. 49.00 per month d. Four weekly pickups of approx- imately 3 to 4 cu. yds. each, including large grocery, fur- niture, or department stores, etc. based at $1.15 per cu. yd. e. Five weekly pickups of approx- imately 3 to 4 cu. yds. each including large grocery, fur- niture or department stores, etc. based at $1.15 per cy. yd. f. Six weekly pickups of approx- imately 3 to 4 cu. yds. each including large grocery, fur- niture or department stores, etc. based at $1.15 per cu. yd. 60.00 per month 75.00 per month 90.00 per month g. Customer requiring more than four (4) cubic yards each pickup would be charged $1.15 per cubic yard collected. 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 ordinance by any specific customer. If desired, arrangements for their lease or purchase will be made with the Sanitation Contractor. Container Size Times Served Per Week 1 2 3 4 5 6 1 cu. yd. 12.00 19.00 25.00 30.00 35.00 40.00 2 cu. yd. 14.00 24.00 33.00 40.00 45.00 50.00 3 cu. yd. 19.00 32.00 47.00 62.00 75.00 83.00 Large capacity containers are available if desired by customer. 10. Rate Confirmation and Option. The rates shown above in this schedule 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 and third year of the length of the contract, such increase to be based on proof of increased operating costs. 11. Billing and Collection. For the purpose of convenience, the bill'ing 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. 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 10% penalty for deliquency and collection expense. Utilities will be discontinued for lack of payment of any garbage bill or any part thereof. , ' . I . ~ .. . ,. ". '. .. - . . - . .'. .; . , . " , .... '," .. SEPARABILITY. If any section, sentence, clause or paragraph of this ordinance is for any reason held to be illegal, or in- valid, such invalidity shall not affect the validity of the remaining portion of this ordinance. Ordinance No. 259 amended and all ordinances and agreements in conflict herewith are hereby repealed effective Sept- ember 2, 1975. The Public importance of this measure 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 ,~~ -)? {J :f;:;;:f~.-v , 1975. day of ATTEST: Afi '--;2 / ' '~ii~e ~ Mayor, City of Schertz, Texas ACCEPTANCE: The above Ordinance Contract is hereby accepted in all things by Contractor, of the City of Schertz, this ,? ~ day of SFdJ1C",h/jJr:>/{l , 1975. (/ Contractor GUTIERREZ DI P. O. Box 77 Schertz, Texas 78154 ~JITNESS : ~~rf~ ~' J(/ 6 PUBLISHER'S AFFIDAVIT The State of Texas County of Guadalupe } Before me, the undersigned authority, on this day personally appeared______m_.____m__ __'__mm__m~_~~~___~~~_?_r:_~~'__m__mmmm___m_____m'm__mmm___' who being duly sworn says that he (she) is fhe m,____~_':l_?}~_~,l:::~___m____m__mm__,_______m'______ of' u_~_~_::_.Y~_~~~;!m~~~_~__mm_m' a weekly newspaper published at '__m________________;?~_g~;l,D___u______m____'mmm____mu____u' in said county and state and that ___mm_'m'________m____.m__mm__u__D~_tJ~~_,_______'___m______mmm_m_mm_, a copy of which is hereto attached, was published in said newspaper on __m________u_m______... _ _ _n _ __ _, __ _ _ __ ~ ~J?_~_ -"__ _ ,~_ ~_ _,_ _ _ _~_9_I ~_ _ _ __ _, __ _ _ __ _ _ __ _ _ __ _, __ _ _'_ _ __ __._ _ _._ _ _ u _ _ __ _ _ __ _ n_ _ _._ _ _ __ _ n_ _ _ _. _ _ __ ____ _ _ _, - - __ - - __ - _._ - - u _. _______uu~~~---uuuu---u-- Subscribed and sworn to before me this the ____m____m,J.?thmu____n__um_______uu day of _m__________u$_~R:t_!___'m___m'_m__' 19_15___. ~t~~ ffiLJ---:.. ' --_.._---------------_.__..._-----------------_.._.._~-_.... Notary Public in and for ______0_1..:l.?:gg),JAP.~_,__,_'______m________ County, Texas ORDINANCE NO. 75-F-30 An ordinance granting > Gutierrez Disposals, Inc. a : 'contract to operate a garbage 'collection service in the City of Schertz, Texas and prescribing the terms, conditions, obligations and limitations upon and Wlder which such contract shall be exercised and declaring an emer~ency. ). ot JWle G. Krause City Secretary (l-c The Western Insurance Companies HOME OFFICE - FORT SCOTT, KANSAS 66701 CERTIFICATE OF INSURANCE To...... .GJ.ts.. ..9.f. ,s. Gh~, r;.t; z""..,...,..,.,....,..............., Drawer I THIS CERTIFICATE IS NOT A CONTRACT OF INSURANCE NOR IS IT AN ENDORSEMENT TO POLICIES LISTED BELOW. .......? .c:~~.r. .t.~.,... .!,e. :X:Cl..~...?~ ~.:'5.4 This certificate of insurance is not valid uniess it is signed by a duly authorized representative, This is to certify that the following described poi icy or policies (as indicated by specific entry herein) are in force as of the date beJ.ow, Name of I nsured......,..G.tlJ.i:~,J:":r:~.2:__.p.i.,1?,p,(),$.~J.'--..;I;J:'l<:,..... ,...... ....,......, '.........., ,. ,... ...... ........ ......., ........... Description of Wo rk.., G.~,J:"1:>,~g~., ..?J:'l9., ,R~J.l1~.~", G,9. J l~ c:;., tJpg"., ,p;i,x, t", a.n.d, , .G,r a. v.el., Ha u.1 ing..,. location of Work....,., r.~.~.?~,.,.,.".....,..,.,",....,.,.".....,..,.,."..."...,..,..,......,",..."....,'" .,..."..,......,.".....,....,.....",."" n FORM OF INSURANCE POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY Workmen's Compensation Fully compiies with State Law Coverage is not provided for items below unless indicated by "x": Employer's Liability me 591895 12-8-77 $100.000.00 General Liability Bodily Injury "x" indicates Form of Insurance $J.QD~~aach occurrence ~Comprehensive General ~GA 915867 12-8-77 $ aggregate "x" blasting or explosion 0 o Manufacturers' and Contractors' Property Damage "c" collapse 0 o Owners', landlords' and Tenants' $ 50, 000. O~ach occurrence "u" underground damage 0 o Completed Operations - Products $100,000.0C1ggregate "d" underground resourcesD o Independent Contractors "e" blowout or cratering 0 Contractual $ each occu rrence Subject to underlying Excess liability Policy $ aggregate policies and retention. Bodily Injury $ 100,000.QQch person All owned automobiles rn $ 300,000. QQch occurrence Hired and Automobile Liability ( GA915867 12-8-77 non,owned automobiies []I Property Damage Specified Automobiles $ 50 . 000. QQch occu rrence as listed beiow: 0 FORM OF INSURANCE POLICY NUMBER EXPIRATION DATE AMOUNT OF INSURANCE SPECIAL COMMENTS Fire & Allied Lines Inland Marine Burglary & Glass The inclusion of any indemnity clause in this certificate is for information only. The inclusion neit r affirmatively nor negatively amends, extends or alters the contractual liability afforded by the policy or policies enum filted herei D", .......1J..,.",O.x..},.)n9............................................................. B,... .. . . .... .. .. "'~(..;;;;;;;;{;;,.~6 . . ... ... ................... Place..... ..VP,.i. Y.~.J:".s.Cl.LG.i..t::.Y... .",. .T.~.~.?1?,.... .,.....,.... ..,...., .7.~J.4.1?......,.., ..,..,... .~,f;'.P-... ;!?py.q.. .~.. A.~.$.9.GJ,R-.t:~~.",.,.",...,...., ............."....,.....,....... (City) (State and Zip Code) (Agency) FORM WC 7009-R11