2006R32-Waste Hauler Fees
06-R-32
RESOLUTION NO.
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS OBJECTING TO THE
CITY OF SAN ANTONIO'S WASTE HAULER PERMIT FEES
WHEREAS, the City Council of the City of Schertz, Texas (the "City of Schertz") has a solid waste disposal
franchise agreement with Bexar Waste, Inc. (the "City's Franchisee") to provide solid waste disposal services to the
citizens of the City of Schertz; and
WHEREAS, the City's Franchisee disposes of certain of the waste it collects at independently-owned landfills
located within the City of San Antonio; and
WHEREAS, the City of San Antonio, Texas ("San Antonio"), by Ordinance No. 71131, is requiring independent
waste haulers (such as the City's Franchisee) with trucks weighing more than 7,000 pounds, with any type of waste, to
pay $2,250.00 per truck, per year for hauling or disposing of waste within the San Antonio city limits, at third party landfills
(the "San Antonio Permit Fee"); and
WHEREAS, the City's Franchisee has twenty-five (25) trucks that serve the citizens of the City of Schertz,
resulting in a total annual San Antonio Permit Fee of $56,250, which must be passed on to the citizens of the City of
Schertz; and
WHEREAS, the City's Franchisee utilizes no San Antonio streets in disposing of its waste at the landfills, utilizing
only state and federal highways; and
WHEREAS, San Antonio has exempted its entire truck fleet, and as well has agreed to charge a rate of $25.00
per truck, per year for any size truck to the cities of Alamo Heights, Terrell Hills, Olmos Park, and Castle Hills; and
WHEREAS, the City of Schertz is of the opinion that San Antonio's Ordinance No. 71131 establishing the San
Antonio Permit Fee is unconstitutional, stifles fair competition, is an unfair restraint of trade, and adversely affects the
citizens of the City of Schertz.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby opposes San Antonio's Permit Fee and urges San Antonio to repeal the
Ordinance establishing the San Antonio Permit Fee and cease charging the City's Franchisee under such Ordinance.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are
hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the
Council.
Section 3. It is officially found, determined, and declared that the meeting at which this Resolution is adopted
was open to the public and public notice of the time, place, and subject matter of the public business to be considered at
such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as
amended.
Section 4.
This Resolution shall be in force and effect from and after its final passage, and it is so resolved.
PASSED AND ADOPTED, this 28th day of November, 200 .
Mayor
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(CITY SEAL)