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ORD 479 9/10/1996ORDINANCE NO. '17 9 AN ORDINANCE GRANTING ALAMO WASTE, INC., A TWO YEAR FRANCHISE EXTENSION TO OPERATE A GARBAGE COLLECTION SERVICE IN THE CITY OF CIBOLO, TEXAS, AND PRESCRIBING TO THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS SET FORTH IN ORDINANCE NO. 431 WITH THE FOLLOWING AMENDMENTS WHEREAS, the City of Cibolo has the right and duty to provide for the health and welfare of its citizens; and WHEREAS, Alamo Waste, Inc. has provided quality service to the citizens of Cibolo; and WHEREAS, the Citizens of Cibolo have spoken positively in favor of the services provided by Alamo Waste, Inc.: NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CMOLO: 1. Paragraph 7 Service Standards Section C Routes and Times of Collection is amended to read as: Garbage pickup shall be at least once a week per customer within the city limits, for nine months during the calendar year. During the months of June, July, and August, residential collections will be twice weekly with the days determined and agreed upon by the Mayor/City Administrator and the said contractor. The week of Christmas, residential collections will be twice weekly with the days determined and agreed upon by the Mayor/City Administrator and the said contractor. The Contractor shall make no collections in residential districts prior to 7:00 AM and collections in business districts shall be commenced no earlier than 6:00 A.M. 2. Paragraph 8 Terms of Franchise is amended to read as: 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 Administrator/Secretary, and shall continue in force and effect for a term of two years effective December 1, 1996. If the terms of this franchise are not accepted by the Contractor and said acceptance in writing filed with the City Administrator/Secretary within thirty (30) days after passage hereof all rights hereunder shall be null and void. 3. Paragraph 11 Conditions of Contract Payment is amended to read as: The City shall make or cause to be made all collections for garbage service addressed in Schedule A. The contractor shall be paid by the City at a rate of eighty-four and nine -tenths (84.9) percent of the amount billed for each residential customer served. For commercial contracts, the Contractor will be paid eighty-five (85) percent of the amount billed. The Contractor shall be paid by the City within ten (10) days after the closing date of each billing period. 4. Paragraph 12 Billing and Collections is amended to read as: Billing and collection for garbage service will be by the City of Cibolo. Forpurpose of convenience, the billing and collection for garbage services will be accomplished by placing said fees on a combined water, sewer, and garbage bill. All charges shall be payable on the 15th of the month in which they are 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 day of each month. 5. Paragraph 13 Rate Confirmation and Options is amended to read as: The rates shown in Schedule B are binding and in effect for two years of the contract beginning December 1, 1996. 6. Paragraph 14 Service Fees is amended to read as: All service fees shall be included in schedule B. The service portion of this ordinance may be amended when deemed necessary, by Council action, without affecting other provisions of this ordinance. 7. Paragraph 16 Notices is amended to read as: Where written notices are provided for in this ordinance, same shall be sufficient to notify Contractor if mailed by certified mail to: Alamo Waste, Inc., P.O. Box 577, Schertz, Texas 78154 and shall be sufficient to notify City if mailed by certified mail to City Administrator/Secretary, City of Cibolo, P.O. Box 88, Cibolo, Texas 78108. 8. Paragraph 17 Spparabifity is amended to read as: 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 December 1, 1996. 9. Franchise Extension: This ordinance provides for one (1) two year extension upon application to the City by the Contractor, prior to the expiration of the current contract, and approved by City Council. SCHEDULE'B" Amended to Read As: RATES EFFECTIVE DECEMBER 1 1996 Continued from October 15, 1995 Rates ROLLOFF RATES: 20YD $174.58 30YD $208.38 40YD $242.17 1. RESIDENTIAL (Single Family) $8.35 Per Month 2. COMMERCIAL HAND PICK UPS; A. Class 1 - (barber shops, offices, churches, professional services - 1 CART) $9.45 Per Month B. Class 2 - Light Retail/Industrial - 2 CARTS) $13.87 Per Month C. Class 3 - Medium Retail (3 CARTS) $23.64 Per Month 3. COMMERCLUJINDUSTRIAL CONTAINERS: Container Size Times Serviced Per Week 1 2 3 4 5 6 2 cubic yards 34.43 58.50 82.50 93.72 105.72 117.73 3 cubic yards 45.83 75.75 103.89 131.40 158.90 186.39 4 cubic yards 58.86 91.69 122,22 152.78 189.34 213.89 6 cubic yards 88.02 136.78 190.63 245.17 302.11 350.68 8 cubic yards 101.85 170.24 232.81 300.47 368.86 430.69 10 cubic yards 117.86 203.71 272.09 349.20 407.42 493.26 FIRM NAME: AUTHORIZED SIONATURE/TrrLE: ADDRESS: TELEPHONE: SCHEDULE "A" Amended to Read As: TYPES OF COLLECTION 1. Normal Pickup Service: Normal residential service consist of weekly pick up except during the months of June, July, and August and the week of Christmas 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 Pick Up - Effective December 1, 1996 the Contractor will pick up large bulky items such as appliances, water heaters, and furniture, etc. on the day specified by the Contractor. Residents are required to bring these items to the curbside for pick up. Customers are entitled to one (1) bulk pick up per month under the terms and conditions of this contract. Additional monthly bulk pick ups shall be arranged through the Contractor and compensation for said services is the responsibility of the customer. B. Tree Limbs and Grass (Lawn Waste) - Tree/brush trimmings which cannot be placed in garbage cans must be bundled and tied in lengths not to exceed 5-6 feet and sixty (60) pounds in weight. Leaves, grass clippings, and small brush items must be placed in garbage cans/bags or suitable containers to insure pick up. 2. Dead Animals: Dead Animals will not be placed in garbage containers. Receptacles 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 cattle, horses, mules, goats and such. The 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 of the Contractor is the responsibility of the citizen. The City will not be responsible for the removing and disposing of dead animals for which no apparent ownership exist. I Waste from Construction/Demolition/Land Clearing: Rock, scrap building materials, debris from land clearing, construction waste, remodeling debris, or from a general cleanup of a 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 parks, 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 sixteen (16) day period at locations agreed to between the City and the Contractor. 5. Portable Toilets: The Contractor will provide at no charge portable toilets to the annual Cibolo Fire Department Sausage Supper/Auction event and Cibolofest event. PASSED AND APPROVED THE la+k DAY OF Sep }c ,, 3er 1996. am Bauder, Mayor City of Cibolo, Texas ATTEST: Rudy Mne Farias, City Administrator/Secretary THE ABOVE MENTIONED ORDINANCE IS HEREBY ACCEPTED IN ALL THINGS BY CONTRACTOR, OF THE CITY OF CIBOLO, TEXAS THIS I ltt. DAY OF Se(1}� ber 1996.