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ORD 415 11/1/1988ORDINANCE # 415 AN ORDINANCE GRANTING WASTE MANAGEMENT OF SAN ANTONIO, A DIVISION OF TEXAS WASTE SYSTEMS, INC., A FRANCHISE TO OPERATE A GARBAGE COLLECTION SERVICE IN THE CITY OF CIBOLO, TEXAS, AND PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED. WHEREAS, the 'City of Cibolo, Texas was incorporated under the general law of the State of Texas; and WHEREAS, said City has the right and duty to provide for the health and welfare of its citizens; and WHEREAS, the City Council of the City of Cibolo has determined that it is in the public interest for said Council to grant an exclusive franchise to provide for the satisfactory and efficient collection of solid waste, including garbage, .bulk,'junk, weeds, brush and other refuse in order to maintain safe and sanitary conditions with said city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO: 1. Grant of Authority: There is hereby granted by the City of Cibolo hereinafter called "City"), to Waste Management of San Antonio, a Division of Texas Waste Systems, Inc. (hereinafter called "contractor"), the right and privilege to operate and maintain within the City of Cibolo a service for the collection and•disposal of solid waste, including garbage, junk, weeds, brush and other refuse. 2. Exclusive Grant: The right and privilege granted herein for the purpose set forth shall be exclusive and no other contractor, person or corporation shall be permitted to engage in the garbalge collection within the City of Cibolo 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, 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 (see paragraph 7E.). 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 suite, judgement, claim or demand whatsoever, resulting from _.•'negligence on the part of said Contractor, its agents or employees in the performance of services under this franchise agreement and vice versa. 5. Insurance Requirements: Contractor agrees to carry public liability insurance naming the City of Cibolo as nn -insured in the amount of 5500.000.00 ner person and 6. Performance Bond: Contractor agrees to furnish the City, in a Form to be approved by the City Attorney, a bond guaranteeing performance 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. 7. 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 'requiremerit's: A. Equipment. All equipment, including motor vehicles and trucks necessar_y,for the performance of this franchise shall 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 enclosed "packer" type bodies that are designed and manufactured for collection vehicles. The vehicles shall be painted and numbered and have contractor's name and telephone number painted in letters of a contrasting color 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 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas. These holidays will be observed by all Contractor employees. The office will be staffed with competent personnel to handle calls and inquiries during office hours. A daily log of all service calls, complaints and inquiries received by telephone or otherwise and the action taken thereon shall be maintained by Contractor. C. Routes and Times of Collections: Garbage pick-up shall be at least once a week per customer within the city limits, for nine months during the calendar year. During months of June, July and! August of each year, residential collections will be collected twice weekly. Days to be determined and agreed upon by City Administrator/Mayor and Contractor. The Contractor shall make no collections in residential districts prior to 7:00 a.m. and collections in business districts shall not be commenced earlier than 6:00 a.m. D. Changes in Times & Route of Collection: The City Council reserves the right to change or alter the times and routes of collection. Contractor shall be given at least fifteen (15) days notice if any such action is contemplated by City. No changes in collection schedule shall he m.A. h.. ...,..f �..�,..- regulatory requirements. (Said disposal shall be accomplished outside of the city limits of the City of Cibolo, Texas.) F. Applicability of Service: Garbage collection service is mandatory for all residences or places of business within the City of Cibolo who receive water service from the City. G. Area/Pickup Point of Collection: Contractor will collect garbage from all residences within the city limits of the City of Cibolo provided customers are not delinquent in the payment of authorized service fees. On pickup days, garbage containers will be placed so that they are accessible to the collector without requiring entry' -ion private property. Garbage carts/containers must be placed_ at curbside to insure pickup. 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 (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 for and protect public health and safety. I. Excessive Interruption in Service: If the interruption in service mentioned in the paragraph above continues for a period of thirty (30) days, then City shall have the right to terminate the rights and privileges granted in this franchise. 8. Terms of Franchise: Franchise rights herein granted shall take effect and be in force from the final passage thereof 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 November 1, 1988. If the terms of this franchise are not accepted by the Contract and said acceptance in writing filed with the City Secretary within thirty (30) d"ays': after the passage hereof, all rights granted hereunder shall be null and void. 9. Franchise Revocation: Franchise rights granted may be terminated by the City of Cibolo or by the Contractor by giving notice in writing to the other party of said contract, of the intention of said party to terminate his participation in said contract r'nihety (90j -.dais in advance of said proposed termination of contract. 10. Non -transferability of Franchise Rights: The Contractor shall not accept, sell, transfer or assign its rights or system under this franchise to anyother person or corporation without the approval of the City Council. 11. Conditions of Contrac`Gor Payment: The City shall make or cause to be made all collections for garbage service 12. Billing and Collections: Billing and collection for garbage service will be by the City of Cibolo. For purpose of convenience, the billing and collection for garbage services will be accomplished by placing garbage fees on a combined Water, Sewer, and Garbage bill. All charges shall be payable to the 15th of the month in which billed. Bills not paid on or before the due date will incur a ten (10) percent penalty for delinquency and collection expense. Services will be discontinued on bills not satisfied by the close of business on the 25th of each month. 13. Rate Confirmation and Options: The rates shown in Schedule B are binding and in effect for the first year of the contract commencing November 1, 1988. The Contractor will have the option of reviewing and negotiating for a rate adjustment increase over the previous year rates, for the second and third year of the contract. Such increases are to be based on proof of increased operating costs. Changes in disposal sites or charges and other cost related items will be by agreement of both parties. 14. Service Fees: All service fees shall be included in Schedule "B" attached. The service fee portion of this ordinance may be amended when deemed necessary, by Council action, without effecting other provisions of this ordinance. 15. Investigation and Public Hearing: The City Council shall have full power to examine or cause to be examined at anytime, and at all times, the books, papers and records of Contractor with relation to the operation of the garbage collection system within the City. In this regard, the City shall have the right through its Council, to take testimony and compel the attendance of witnesses or the presentation of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. 16. Notices: Where written notices are provided for in this Ordinance, same shall be sufficient to notify Contractor if mailed by certified mail to Waste Management of San Antonio, P.O. Box 201450, San Antonio, Texas 78220 and shall be sufficient to notify City if mailed by certified mail to City Secretary, City of Cibolo, P.O. Box 88, Cibolo, Texas 78108. 17. Separability: If any section, sentence, clause or paragraph of this Ordinance is for any reason held to be illegal or invalid, such invalidity shall not affect the validity of the remaining portion of this ordinance. All ordinances and agreements in conflict herewith are hereby repealed effective. PASSED AND APPROVED THIS 1st DAY OF November , 19 88 BO ('ti l Sam Bauder, Mayor City of Cibolo, Texas ATTEST: SCHEDULE "A" TYPE OF COLLECTION 1. Normal Pickup Service - Normal residential service consists of weekly pickup except during the months of June, July and August when twice per week service is provided. Residents must utilize the rollaway carts provided by the contractor and may use additional containers to accommodate excess refuse. A. Bulk Item Pickup - Effective November 1, 1988, the contractor will pick up large bulky items such as appliances, water heaters, and furniture, etc along with regularly scheduled residential collection. Residents are required to bring these items to curbside along with normal household waste. B. Tree Limbs & Grass ,Tree -bush trimmings which cannot.,_be placed_ in _garbage= cans must be-_:bundled__.an_d _t.ed_,h. lehgths_not_to exceed :5 _6- feet `or' si.xtv_( poundsinwe:ight_. __,Leau.es, _grass alippin_gs_and sma17I bciish__items__mustbe _placed in__garbage cans"/baga- or the__ sufakbkle cdntainersto_insure.p_ickuo:_,' 2. Dead Animals - Dead animals will not be placed in garbage containers. Recepticles containing small dead animals such as dogs, cats, etc are not required to be accepted by the contractor. Owners are responsible for the removal and disposal of dead personal pets as well as large animals such as cows, horses, mules, goats and such. The city contractor may as a special service and under separate agreement) with the pet owner, remove and dispose of small dead animals. Additional compensation for special services required by the contractor is the responsibility of the city. The city will be responsible for removing and disposing of dead animals for which no apparent ownership exists. 3. Waste From Construction/Demolition/Land Clearing - Rock, waste, scrap, building materials, debris from land clearing, construction, major remodeling or from a general cleanup of vacant or improved property will not be removed by the contractor as a 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 contractor with such payment being made directly to the contractor. 4. Special Container Service Provided by Contractor - the contractor will provide refuse containers at no cost for the City Park, offices, work areas, and at City functions to include those sponsored by the Cibolo Volunteer Fire Department. Additionally, the contractor will provide three (3) large open top containers for an annual Spring Clean-up. Containers will be provided for a ten (10) day period at locations agreed to between the City and Contractor. Effective Date: Nov. 1, 1988 SCHEDULE "B" SCHEDULE OF SERVICE FEES A. RESIDENTIAL: Residence (Single Family) $ 6.83 Per/Month B. COMMERCIAL HAND PICK UP: Class I (Barber Shops, offices, churches, professional services - 1 Cart) $ 7.57 Per/Mo. Class 2 Light Retail/Industrial (2 Carts)$11.12 Per/Mo Class 3 Medium Retail (3 Carts) $ 18.94 Per/Mo. C. COMMERCIAL/INDUSTRIAL CONTAINERS: Container Size Times Serviced Per/WK 1 2 3 4 5 6 2 cu. yd. 27.58 46.87 66.11 88.15 105.29 119.98 3 cu. yd. 36.73 60.69 83.25 105.29 127.33 149.36 4 cu. yd. 47.17 73.46 97.94 122.43 146.92 171.40 6 cu. yd 70.54 109.60 152.75 196.47 237.28 281.01 8 cu yd. 81.62 136.42 186.56 240.78 295.58 345.14 10 cu. yds. 94.45 163.24 218.04 279.84 326.48 395.27 SCHEDULE "B" OF ORDINANCE # 415 PASSED AND APPROVED THIS THE SCHEDULE "B" SCHEDULE OF SERVICE FEES 1. RESIDENTIAL (Single Family) $ 8.03 Per Mo 2. COMMERCIAL HAND PICK UPS; A. Class 1 (barber shopss officesp churchesp professional services - 1 CART) $ 9.09 Per Mo B. Class 2 - Light Retail/Industrial- 2 CARTS $13.35 Per Mo C. Class 3 - Medium Retail (3 CARTS) $22.75 Per Mo 3. COMMERCIAL/INDUSTRIAL CONTAINERS: Container Size Times Serviced Per Week 1 2 3 4 5 6 2 cubic yards 33.13 56.30 79.40 90.20 101.75 113.31 3 cubic yards 44.11 72.90 99.99 126.46 152.93 179.39 4 cubic yards 56.65 88.24 117.63 147.04 182.23 205.86 6 cubic yards 84.71 131.64 183.47 235.96 290.77 337.51 8 cubic yards 98.02 163.85 224.07 289.19 355.01 414.52 10 cubic yards 113.43 196.06 261.87 336.09 392.12 474.74 ROLLOFF RATES: 20YD 158.60 30YD 186.43 40YD 214.25 SCHEDULE "B" OF ORDINANCE *415 PASSED AND APPROVED THIS THE a� DAY OF �/r iF� , 1993. SCHEDULE "B" SCHEDULE OF SERVICE FEES: Residence (Single Family) $ 6.95 Per Month B. COMMERCIAL HAND PICK UP: Class I (Barber Shops, offices, churches, professional services - 1 Cart) $ 7,87 Per Month Class 2 Light Retail/Industrial - 2 Carts $11.56 Per Month Class 3 Medium Retain (3 Carts) $19.69 Per Month C. COMMERCIAL/INDUSTRIAL CONTAINERS: Container Size Times Serviced Per/Wk 1 2 3 4 5 6 2 cu. yds 28.67 48.73 68.72 78.07 88.07 98.07 3 cu. yds 38.18 63.09 86.54 109.45 132.36 155.26 4 Cu. yds 49.03 76.37 101.81 127.26 157.72 178.17 6 Cu yds 73.32 113.93 158.79 204.23 251.66 292.11 8 Cu Yd 84.84 141.81 193.93 250.29 307.26 358.77 10 Cu Yds 98.17 169.69 226.65 290.89 339.38 410.89 Effective Date: March 1,1990- SCHEDULE ,]990 SCHEDULE "B" SCHEDULE OF SERVICE FEES A. RESIDENTIAL: Residence (Single Family) $ 7.35 Per/Month Class 1 (Barber Shops, Offices, Churches, 8.33 Per/Month Professional Services - 1 Cart) Class 2 Light Retail/Industrial (2 Carts) 12.23 Per/Month Class 3 Medium Retail (3 Carts) 20.83 Per/Month C. COMMERCIAL/INDUSTRIAL CONTAINERS: SCHEDULE "B" OF ORDINANCE #415 PASSED AND APPROVED THIS THE G DAY OF 1990. Container Size Times Serviced Per/Week 1 2 3 4 5 6 2 cu. yd. 30.34 51.56 72.72 96.96 115.82 131.98 3 cu. yd. 40.40 66.76 91.58 115..82 140.06 164.30 4 cu. yd. 51.88 80.81 107.73 134.67 161.61 188.54 6 cu. yd. 77.59 12.0.56 168.03 216.12 261.01 309.11 8 cu. yd. 89.78 150.06 205.22 264.86 325.14 379.65 10 cu. yd. 103.90 179.56 239.84 307.82 359.13 434.80 SCHEDULE "B" OF ORDINANCE #415 PASSED AND APPROVED THIS THE G DAY OF 1990. ORDINANCE NO. 415-A AN ORDINANCE AMENDING ORDINANCE 1145 AND ALL AMENDMENTS THERETO AND APPROPRIATE SECTIONS OF THE CODE. OF ORDINANCES CHANGING NAME OF FRANCHISE HOLDER FOR GARBAGE COLLECTION SERVICE IN THE CITY OF CIBOLO, TEXAS. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: That Ordinance No. 415 and all amendments thereto and appropiate sections of the Code of Ordinances be amended as follows: In all places where„ Waste Management of San Antonio, A Division of Texas Waste Systems, Inc.” appears is amended to read: "Moore Industrial Disposal, Inc." Attachment: Ordinance 4 415 (adopted November 1, PASSED AND ADOPTED THIS 21st DAY OF MARCH, 1989. MAYOR ATTEST: / CITY SE RETARY / a 1 ORDINANCE # 415 AN ORDINANCE GRANTING WASTE MANAGEMENT OF SAN ANTONIO, A DIVISION OF TEXAS WASTE SYSTEMS, INC., A FRANCHISE TO OPERATE A GARBAGE COLLECTION SERVICE IN THE CITY OF CIBOLO, TEXAS, AND PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED. WHEREAS, the City of Cibolo, Texas was incorporated under the general law of the State of Texas; and WHEREAS, said City has the right and duty to provide for the health and welfare of its citizens; and WHEREAS, the City Council of the City of Cibolo has determined that it is in the public interest for said Council to grant an exclusive franchise to provide for the ,satisfactory and: efficient collection of solid waste, including garbage, bulk, junk, weeds, brush and other refuse in order to maintain safe and sanitary conditions with said city; NOW, THEREFORE', BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO: 1. Grant of Authority: There is hereby granted by the City of Cibolo (hereinafter called "City"), to a Division of Texas Waste Systems, Inc. (hereinafter called "contractor"), the right and privilege -to operate and maintain within the City of Cibolo a service for the collection and disposal of solid waste, including garbage, junk,., weeds, brush and other refuse. 2. Exclusive Grant: The right and privilege granted herein for the purpose 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 Cibolo 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, 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 (see paragraph 7E.). 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 suite, judgement, claim or demand whatsoever, resulting from negligence on the part of said Contractor, its agents or employees in the performance of services under this franchise agreement and.vice versa. 5. Insurance Requirements: Contractor•agrees to carry public liability insurance naming the City of Cibolo as co-insured in the amount of $500,000.00 per person and ORDINANCE 1 415 AN ORDINANCE GRANTING WASTE MANAGEMENT OF SAN ANTONIO, A DIVISION OF TEXAS WASTE SYSTEMS, INC., A FRANCHISE TO OPERATE A GARBAGE COLLECTION SERVICE IN THE CITY OF CIBOLO, TEXAS, AND PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED. WHEREAS, the City of Cibolo, Texas was incorporated under the general law of the State of Texas; and WHEREAS, said City has the right and duty to provide for the health and welfare of its citizens; and WHEREAS, the City Council of the City of Cibolo has determined that it is in the public interest for said Council to grant an exclusive franchise to provide for the satisfactory and efficient collection of solid waste, including garbage, bulk, junk, weeds, brush and other refuse in order to maintain safe and sanitary conditions with said city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO: 1. Grant of Authority: There is hereby granted by the City of Cibolo hereinafter called "City"), to Waste Management of San Antonio, a Division of Texas Waste Systems, Inc. (hereinafter called "contractor"), the right and privilege to operate and maintain within the City of Cibolo a service for the collection and disposal of solid waste, including garbage, junk, weeds, brush and other refuse. 2. Exclusive Grant: The right and privilege granted herein for the purpose 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 Cibolo 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, 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 (see paragraph 7E.). 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 suite, judgement, claim or demand whatsoever, resulting from negligence on the part of said Contractor, its agents or employees in the performance of services under this franchise agreement and vice versa. 5. Insurance Requirements: Contractor agrees to carry public liability insurance naming the City of Cibolo as -- &-L - l I n t, of S5nn.000_on ner person and 6. Performance Bond: Contractor agrees to furnish the City, in a Form to be approved by the City Attorney, a bond guaranteeing performance 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. 7. 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. Equipment. All equipment, including motor vehicles and trucks necessary for .the performance of this franchise shall 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 enclosed "packer" type bodies that are designed and manufactured for collection vehicles. The vehicles shall be painted and numbered and have contractor's name and telephone number painted in letters of a contrasting color 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 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas. These holidays will be observed by all Contractor employees. The office will be staffed with competent personnel to handle calls and inquiries during office hours. A daily log of all service calls, complaints and inquiries received by telephone or otherwise and the action taken thereon shall be maintained by Contractor. C. Routes and Times of Collections: Garbage pick-up shall be at least once a week per customer within the city limits, for nine months during the calendar year. During months of June, July and' August of each year, residential collections will be collected twice weekly. Days to be determined and agreed upon by City Administrator/Mayor and Contractor. The Contractor shall make no collections in residential districts prior to 7:00 a.m. and collections in business districts shall not be commenced earlier than 6:00 a.m. D. Changes in Times & Route of Collection: The City Council reserves the right to change or alter the times and routes of collection. Contractor shall be given at least fifteen (15) days notice if any such action is contemplated by City. No changes s regulatory requirements. (Said disposal shall be accomplished outside of the city limits of the City of Cibolo, Texas.) F. Applicability of Service: Garbage collection service is mandatory for all residences or places of business within the City of Cibolo who receive water service from the City. G. Area/Pickup Point of Collection: Contractor will collect garbage from all residences within the city limits of the City of Cibolo provided customers are not delinquent in the payment of authorized service fees. On pickup. days, garbage containers will be placed so that they are accessible to the collector without requiring entry on private property. Garbage carts/containers must be placed at curbside to insure pickup. 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 (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 for and protect public health and safety. I. Excessive Interruption in Service: If the interruption in service mentioned in the paragraph above continues for a period of thirty (30) days, then City shall have the right to terminate the rights and privileges granted in this franchise. 8. Terms of Franchise: Franchise rights herein granted shall take effect and be in force from the final passage thereof 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 November 1, 1988. If the terms of this franchise are not accepted by the Contract and said acceptance in writing filed with the City Secretary within thirty (30) days after the passage hereof:, all rights granted hereunder shall be null and void. 9. Franchise Revocation: Franchise rights granted may be terminated by' the City of Cibolo or by the Contractor by giving notice in writing to the other party of said contract, of the intention of said party to terminate his participation in said contract - nihety (90) days in advance of said proposed termination of contract. 10. Non -transferability of Franchise Rights: The Contractor shall not accept, sell, transfer or assign its rights or system under this franchise to anyother person or corporation without the approval of the City Council. 11. Conditions of Contractor Payment: The City shall make or cause to be made all collections for garbage service ,.aa. - A ,., c a_ The 12. Billing and Collections: Billing and collection for garbage service will be by the City of Cibolo. For purpose of convenience, the billing and collection for garbage services will be accomplished by placing garbage fees on a combined Water, Sewer, and Garbage bill. All charges shall be payable to the 15th of the month in which billed. Bills not paid on or before the due date will incur a ten (10) percent penalty for delinquency and collection expense. Services will be discontinued on bills not satisfied by the close of business on the 25th of each month. 13. Rate Confirmation and Options: The rates shown in Schedule B are binding and in effect for the first year of the contract commencing November 1, 1988. The Contractor will have the option of reviewing and negotiating for a rate adjustment increase over the previous year rates,, for the second and third year of the contract. Such increases are to be based on proof of increased operating costs. Changes in disposal sites or charges and other cost related items will be by agreement of both parties. , 14. Service Fees: All service fees shall be included in Schedule "B" attached. The service fee portion of this ordinance may be amended when deemed necessary, by Council action, without effecting other provisions of this ordinance. 15. Investigation and Public Hearing: The City Council shall have full power to examine or cause to be examined at anytime, and at all times, the books, papers and records of Contractor with relation to the operation of the garbage collection system within the City. In this regard, the City shall have the right through its Council, to take testimony and compel the attendance of witnesses or the presentation of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. 16. Notices: Where written notices are provided for in this Ordinance, same shall be sufficient to notify Contractor if mailed by certified mail to Waste Management of San Antonio, P.O. Box 201450, San Antonio, Texas 78220 and shall be sufficient to notify City if mailed by certified mail to City Secretary, City of Cibolo, P.O. Box 88, Cibolo, Texas 78108. 17. Separability: If any section, sentence, clause or paragraph of this Ordinance is for any reason held to be illegal or invalid, such invalidity shall not affect the validity of the remaining portion of this ordinance. All ordinances and agreements in conflict herewith are hereby repealed effective. PASSED AND APPROVED THIS 1st DAY OF November , 19 88 Sam Bauder, Mayor City of Cibolo, Texas ATTEST: d SCHEDULE "A" YPE OF COLLECTION 1. Normal Pickup Service - Normal residential service consists of weekly pickup except during the months of June, July and August when twice per week service is provided. Residents must utilize the rollaway carts' provided by the contractor and may use additional containers to accommodate excess refuse. A. Bulk Item Pickup - Effective November 1, 1988, the contractor will pick up large bulky items such as appliances, water heaters, and furniture, etc along with regularly scheduled residential collection. Residents are required to bring these items to curbside along with normal household waste. B. Tree Limbs & Grass - Tree -bush trimmings which cannot be placed in garbage cans must be bundled and tied in lengths not to exceed 5-6 feetor sixtv ( pounds in weight. Leaves, grass clippings and small brush items must be placed in garbage cans/baqs or the suitable containers to insure pickuD. 2. Dead Animals - Dead animals will not be placed in garbage containers. Recepticles containing small dead animals such as dogs, cats, etc are not required to be accepted by the contractor. Owners are responsible for the removal and disposal of dead personal pets as well as large animals such as cows, horses, mules, goats and such. The city contractor may as a special service and under separate agreement with the pet owner, remove and dispose of small dead animals. Additional compensation for special services required by the contractor is the responsibility of the city. The city will be responsible for removing and disposing of dead animals for which no apparent ownership exists. 3. Waste From Construction/Demolition/Land Clearing - Rock, waste, scrap, building materials, debris from land clearing, construction, major remodeling or from a general cleanup of vacant or improved property will not be removed by the contractor as a 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 contractor with such payment being made directly to the contractor. . 4. Special Container Service Provided by Contractor - the contractor will provide refuse containers at no cost for the City Park, offices, work areas, and at City functions to include those sponsored by the Cibolo Volunteer Fire Department. Additionally, the contractor will provide three (3) large open top containers for an annual Spring Clean-up. Containers will be provided for a ten (10) day period at locations agreed to between the City and Contractor. ORDINANCE f 415 AN ORDINANCE GRANTING WASTE MANAGEMENT OF SAN ANTONIO, A DIVISION OF TEXAS WASTE SYSTEMS, INC., A FRANCHISE TO OPERATE A GARBAGE COLLECTION SERVICE IN THE CITY OF CIBOLO, TEXAS, AND PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED. WHEREAS, the City of Cibolo, Texas was incorporated under the general law of the State of Texas; and WHEREAS, said City has the right and duty to provide for the health and welfare of its citizens; and WHEREAS, the City Council of the City of Cibolo has determined that it is in the public interest for said Council to grant an exclusive franchise to provide for the satisfactory and efficient collection of solid waste, including garbage, bulk, junk, weeds, brush and other refuse in order to maintain safe and sanitary conditions with said city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO: 1. Grant of Authority: There is hereby granted by the City of Cibolo hereinafter called "City"), to Waste Management of San Antonio, a Division of Texas Waste Systems, Inc. (hereinafter called "contractor"), the right and privilege to operate and maintain within the City of Cibolo a service for the collection and disposal of solid waste, including garbage, junk, weeds, brush and other refuse. 2. Exclusive Grant: The right and privilege granted herein for the purpose 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 Cibolo 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, 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 (see paragraph 7E.). 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 suite, judgement, claim or demand whatsoever, resulting from negligence on the part of said Contractor, its agents or employees in the performance of services under this franchise agreement and vice versa. 5. Insurance Requirements: Contractor agrees to carry public liability insurance naming the City of Cibolo as - "L- amount, of S500.000.00 ner person and ORDINANCE NO. 415-A AN ORDINANCE AMENDING ORDINANCE 1145 AND ALL AMENDMENTS THERETO AND APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES CHANGING NAME OF FRANCHISE HOLDER FOR GARBAGE COLLECTION SERVICE IN THE CITY OF CIBOLO, TEXAS. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: That Ordinance No. 415 and all amendments thereto and appropiate sections of the Code of Ordinances be amended as follows: In all places where "Waste Management of San Antonio, A Division of Texas Waste Systems, Inc." appears is amended to read: "Moore Industrial Disposal, Inc." Attachment: Ordinance 1 415 (adopted November 1, 1988) PASSED AND ADOPTED THIS 21st DAY OF MARCH, 1989_ MAYOR ATTEST: CITY SECRETARY z - ORDINANCE $ 415 AN ORDINANCE GRANTING WASTE MANAGEMENT OF SAN ANTONIO, A DIVISION OF TEXAS WASTE SYSTEMS, INC., A FRANCHISE TO OPERATE A GARBAGE COLLECTION SERVICE IN THE CITY OF CIBOLO, TEXAS, AND PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED. WHEREAS, the`City'of Ciboloi-Texas was incorporated under the general law of the State of Texas and WHEREAS, said City has the right and duty to provide for the health and welfare of its citizens; and WHEREAS, the City Council of the City of Cibolo has determined that it is in the public interest for said Council to grant an exclusive franchise to provide for the satisfactory and efficient collection of solid waste, lincluding-garbage, bulk, 'junk, weeds, brush and other refuse in order to maintain safe and sanitary conditions with said city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO: 1. Grant of Authority: There is hereby_granted by the City of C_ibolo (hereinafter called "City"), tos_ -- a Division of Texas Waste Systems, Inc. (hereinafter called "contractor"), the right and privilege to operate and maintain within the City of Cibolo a service for the collection and disposal of solid waste, including garbage, junk, weeds, brush and other refuse. 2. Exclusive Grant: The right and privilege granted herein for the purpose 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 Cibolo 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, 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 (see paragraph 7F,.-). 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 anysuite, judgement, claim _ or demand whatsoever, resulting from L,. ;negligence on the part of said Contractor, its agents or employees in the performance of services under this franchise agreement and vice versa. 5. Insurance Requirements: Contractor agrees to carry public liability insurance naming the City of Cibolo as co-insured in the amount of $500,000.00 per person and _ _ _ _ __ -A - __ - i narnranrc in the THE STATE OF TEXAS § COUNTY OF GUADALUPE § I, Ann smith , the duly appoint- ed, qualified and acting City Secretary of the City of Cibolo, Texas, hereby certify that the above and foregoing ordinance of the City of Cibolo was passed and adopted at a regular meeting of the City Council of the City of Cibolo held on the 6th day of February , 1990;.that written notice of the date, hour, place and subject of said meeting was posted for at least 72 hours preceding the scheduled time of said meeting on a bulletin board located in a place in the City Hall which is convenient and readily accessible to the general public at all times; that the Mayor, Sam Bauder , and Councilmen Jez€ miler IRQh 6� sar Faegse "Baa-" F9-�brth—Mark Seel I . and Justino "Tino" Delgado were present at said meeting and acted as the City Council throughout; that said ordinance has been approved by the Mayor and is duly attested by the City Secretary; and that the same has been duly engrossed and enrolled in the records of the City of Cibolo, Texas. EXECUTED under my hand and the official seal of the City of Cibolo, Texas, at said City, this 14thday of February , 1990. ---------- (SEAL) _. (SEAL) City Secretary OF THE CITY OF CIBOLO, TEXAS Posting of Ordinance # 415 - Schedule B: (2/14/90) Locations: Cibolo Municipal Bldg., 109 S. Main Street Cibolo U.S. Post Office, 725 FM 1103 Victoria Bank & Trust - Cibolo, FM 78, Cibolo Effective Date: March 1, 1990 SCHEDULE "B" SCHEDULE OF SERVICE FEES A. RESIDENTIAL: Residence (Single Family) $ 7.35 Per/Month B. COMMERCIAL HAND PICK UP: Class 1 (Barber Shops, Offices, Churches, 8.33 Per/Month Professional Services - 1 Cart) Class 2 Light Retail/Industrial (2 Carts) 12.23 Per/Month Class 3 Medium Retail (3 Carts) 20.83 Per/Month C. COMMERCIAL/INDUSTRIAL CONTAINERS: Container Size Times i Serviced Per/Week 1 2 3 - 4 5 6 2 cu. yd. 30.34 51.56 72.72 96.96 115.82 131.98 3 cu. yd. 40.40 66.76 91.58 115.82 140.06 164.30 4 cu. yd. 51.88 80.81 107.73 134.67 161.61 188.54 6 cu. yd. 77.59 12.0.56 168.03 216.12 261.01 309.11 -- 8 cu. yd. 89.78 150.06 205.22 264.86 325.14 379.65 10 cu. yd. 103.90 179.56 239.84 307.82 359.13 434.80 SCHEDULE "B" OF ORDINANCE #415 PASSED AND APPROVED THIS THE �j DAY OF _� , 1990. ORDINANCE NO. 415—A AN ORDINANCE AMENDING ORDINANCE #145 AND ALL AMENDMENTS THERETO AND APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES CHANGING NAME OF FRANCHISE HOLDER FOR GARBAGE COLLECTION SERVICE IN THE CITY OF CIBOLO, TEXAS. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: That Ordinance No. 415 and all amendments thereto and appropiate sections of the Code of Ordinances be amended as follows: In all places where "Waste Management of San Antonio, A Division of Texas Waste Systems, Inc." appears is amended to read: "Moore Industrial Disposal, Inc." Attachment: Ordinance # 415 (adopted November 1, PASSED AND ADOPTED THIS 21st DAY OF MARCH, 1989. ATTEST: CITY SECRETARY MAYOR APPROVED FOR LEGAL SUFFICIENCY: CITY ATTORNEY THE STATE OF TEXAS COUNTY OF GUADALUPE § I, Ann Smith , the duly appoint- ed, qualified and acting City Secretary of the City of Cibolo, Texas, hereby certify that the above and foregoing ordinance of the City of Cibolo was passed and adopted at a regular meeting of the City Council of the City of Cibolo held on the 6th day of February , 1990; that written notice of the date, hour, place and subject of said meeting was posted for at least 72 hours preceding the scheduled time of said meeting on a bulletin board located in a place in the City Hall which is convenient and readily accessible to the general public at all times; that the Mayor, Sam Bauder , and Councilmen de€€ M "er pobect—"Tex,—I?a.c:s:brts Mark Bus] l , an Justino "Tino" Delgado , were present at said meeting and acted as the City Council throughout; that said ordinance has been approved by the Mayor and is duly attested by the City Secretary; and that the same has been duly engrossed and enrolled in the records of the City of Cibolo, Texas. EXECUTED under my hand and the official seal of the City of Cibolo, Texas, at said City, this 14thday of February , 1990. City Secretary OF THE CITY OF CIBOLO, TEXAS (SEAL) Posting of Ordinance # 415 - Schedule B: (2/14/90) Locations: Cibolo Municipal Bldg., 109 S. Main Street Cibolo U.S. Post Office, 725 FM 1103 Victoria Bank & Trust - Cibolo, FM 78, Cibolo I THE STATE OF TEXAS § COUNTY OF GUADALOPR § I. Ann Smith , the duly appoint- ed, qualified and acting City Secretary of the City of Cibolo, Texas, hereby certify that the above and foregoing ordinance of the City of Cibolo was passed and adopted at a regular meeting of the City Council of the City of Cibolo held on the 6th day of February '1990; that written notice of the date, hour, place and subject of said meeting was posted for at least 72 hours preceding the scheduled time of said meeting on a bulletin board located in a place in the City Hall which is convenient and readily accessible to the general public at all times; that the Mayor, Sam Bauder , and Councilmen de€€ MW"er r 2,1D Gliaar Robagt "MQKLI�rt . Marl. 21,03, , and Justino "Tino" Delgado were present at said meeting and acted as the City Council throughout; that said ordinance has been approved by the Mayor and is duly attested by the City Secretary; and that the same has been duly engrossed and enrolled in the records of the City of Cibolo, Texas. EXECUTED under my hand and the official seal of the City of Cibolo, Texas, at said City, this 14thday of February , 1990. City Secretary OF THE CITY OF CIBOLO, TEXAS (SEAL) Posting of Ordinance N 415 - Schedule B: (2/14/90) Locations: Cibolo Municipal Bldg., 109 S. Main Street Cibolo U.S. Post Office, 725 FM 1103 Victoria Bank & Trust - Cibolo, FM 78, Cibolo