ORD 499 11/24/1998ORDINANCE # 499
AN ORDINANCE GRANTING BECK WASTE, 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 AND RESCINDING ORDINANCES 431 AND 479.
1. Grant of Authority: There is hereby granted by the City of Cibolo (hereinafter called "City"), to Beck
Waste 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 term 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.
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 negligence on the part of said Contractor, its agent or
employees, in the performance of services under this franchise agreement.
5. Insurance Requirements: Contractor agrees to carry public liability insurance naming the City of Cibolo
as co-insured in the amount of $500,000 per person and $1,000,000 per accident; and property damage insurance in the
amount of $500,000, all policies must be with companies approved by City.
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 $20,000. 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, watertight, with completely enclosed "packer" type bodies that
are designed and manufactured for collection vehicles. Residential collection vehicles will be either side or rear
load type bodies. 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 Contractor will provide
rollaway carts (approximately 90-92 gallons) to each residential customer. Smaller rollaway containers
(approximately 40-45 gallons) will be made available by the contractor to customers desiring a smaller container.
The Contractor will be responsible for keeping the carts in good working order.
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, and Christmas Day.
These holidays will be observed by all Contractor employees. The office will be staffed with competent personnel
to handle calls and inquiries during normal business hours. A daily log of all service calls, complaints and
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inquiries received by telephone or otherwise and the action taken thereon shall be maintained by said
Contractor.
C. Routes and Times of Collection: Garbage pick-up 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
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 said contractor. The Contractor shall make no collections
in residential districts prior to 7:00 A.M. and collections in business districts shall be commenced no 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 be made by the Contractor without approval of the City.
E. Disposal of Garbage and Refuse: Contractor shall have the responsibility of disposing of all refuse, garbage,
junk and weeds collected under this agreement and all materials will be disposed of in compliance with the laws
of the State of Texas and. Or the rule, regulations and standards established or to be established by the Texas
Natural Resource Conservation Commission and Texas State Department of Health to include the Texas Air
Control Board and any other State/Federal 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 that 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 customers 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 seven (7) 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
Administrator/Secretary, and shall continue in force and effect for a term of two years effective December 1, 1998. 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 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 the intention of said party to terminate its participation in said
contract ninety (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 any other person or corporation without the approval of the City Council.
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SCHEDULE"A"
TYPE OF COLLECTION
I. Normal Pick Uo Service- Normal residential service consists of weekly pickup except for Christmas week and during
the months of June, July and August when twice per week service is provided. Customers must utilize the rollaway carts
provided by the Contractor and may use additional containers to accommodate excess refuse.
A. Bulk Item Pick Up - The Contractor will pick up large bulky items such as appliances, water heaters, and
furniture, etc. on one (1) day each month specified by the Contractor. Customers are required to bring these
items to curbside for pickup. Customers are entitled to only one (1) bulk pickup per month under the terms and
conditions of this contract. Additional monthly bulk pick-ups may be privately arranged through the Contractor at
the sole cost of the customer.
B. Tree Limbs & Grass - Treelbush trimmings which cannot be placed in garbage cans must be bundled and tied
in lengths not to exceed 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. Customers 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
customer.
3. Waste from Construction/Demolition/Land Clearina - Rock, scrap building materials, debris from land clearing,
construction waste, remodeling debris, 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 customer on payment of an extra charge as agreed to
between the customer and 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 and Cibolofest events.
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11. Conditions of Contractor Payment: 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.
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 on the Ie 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.
13. Rate Confirmation and Options: The rates shown in Schedule B are binding and in effect for two years of
the contract beginning December 1, 1998.
14. Service Fees: All service fees shall be included in Schedule B. 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 and 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 with 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 Beck Waste, Inc., 550 FM 78, Schertz, TX 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.
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 December 1, 1998.
18. Franchise Extension: The franchise granted hereby may be extended for one (1) two year extension
upon application to the City by the Contractor not less than ninety (90) days prior to the expiration of this franchise
subject to approval by City Council.
PASSED AND APPROVED THE 214 DAY OF
ATTEST:
Thomas Newman, City Adm./City Secretary
Sam Bauder, Mayor
City of Cibolo, Texas
THE ABOVE ORDINANCE FRANCHISE IS HEREBY ACCEPTED IN ALL THINGS BY CONTRACTOR, OF THE CITY
OF CIBOLO, TEXAS THIS DAY OF .1998.
Benjamin Davis
Beck Waste, Inc.
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