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ORD 1504 08/12/2025 Amending Ord. 1493ORDINANCE NO. 1504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE 1493, EXHIBIT "A" AND EXHIBIT "B," TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF CIBOLO AND WASTE CONNECTIONS OF TEXAS, LLC, DBA VAQUERO, TO INCLUDE ADDITIONAL BASE RATES, REVISED CITY FACILITIES SERVICE AT NO CHARGE, TERMS OF COLLECTION SERVICES, AND CONTAINERS FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS IN THE CITY OF CIBOLO; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cibolo, Texas, is a Home Rule Municipality located in Guadalupe County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted City Charter and all applicable laws and enabling legislation of the State of Texas; and WHEREAS, the City of Cibolo, Texas, Section 10.01 of the Home Rule Charter authorizes the City Council to establish franchises for public services and utilities and Section 10.02 permits franchises to be granted by ordinance for a term of up to ten (10) years from the date of the grant, renewal, or extension; and WHEREAS, Texas Health and Safety Code Chapters 361 and 363 provides for the regulation and disposal of municipal solid waste and authorizes a municipality to contract for the operation of a solid waste management system to ensure public health, safety, and welfare; and, WHEREAS, having completed the competitive proposal process and conducted a public meeting to consider the matter, on May 13, 2025, the City of Cibolo passed, approved, and adopted Ordinance 1493 granting Waste Connections of Texas, LLC, DBA Vaquero, an exclusive Franchise Agreement for the collection, transportation, and disposal of municipal solid waste and recyclable materials in the City of Cibolo, prescribing the terms, conditions, fees, obligations, and limitations by which the franchise shall be exercised; and WHEREAS, the City of Cibolo and Waste Connections have determined, negotiated, and agreed to amend certain terms of the Franchise Agreement, described on Exhibit A thereto, regarding Base Rates for collection services of solid waste and recyclable materials, per frequency of collection services provided, per size and capacity of solid waste and recyclable material containers and on Exhibit B thereto, regarding the collection of solid waste at City fire stations. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, THAT: SECTION 1. The recitals contained in the preamble hereto are hereby found to be true and such recitals are hereby made a part of this ordinance for all purposes and are adopted as part of the judgment and findings of the City Council. SECTION 2. Amendment of Exhibit A and Exhibit B of the Exclusive Franchise Agreement. Exhibit A and Exhibit B of the Exclusive Franchise Agreement for the Collection, Transportation, and Disposal of Municipal Solid Waste and Recyclable Materials in the City of Cibolo, Texas (the "Agreement"), attached hereto and incorporated herein for all purposes, is hereby approved and hereby amends the Agreement. SECTION 3. Repeal. This Ordinance shall be cumulative of all provisions of ordinances of the City of Cibolo, Texas, except where the provisions of the Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Any renumbering shall be made in the City's Code of Ordinances as necessary. SECTION 4. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Open Meeting Compliance. It is officially found, determined, and declared, that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. (signatures on following page) regarding Base Rates for collection services of solid waste and recyclable materials, per frequency of collection services provided, per size and capacity of solid waste and recyclable material containers and on Exhibit B thereto, regarding the collection of solid waste at City fire stations. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, THAT: SECTION 1. The recitals contained in the preamble hereto are hereby found to be true and such recitals are hereby made a part of this ordinance for all purposes and are adopted as part of the judgment and findings of the City Council. SECTION 2. Amendment of Exhibit A and Exhibit B of the Exclusive Franchise Agreement. Exhibit A and Exhibit B of the Exclusive Franchise Agreement for the Collection, Transportation, and Disposal of Municipal Solid Waste and Recyclable Materials in the City of Cibolo, Texas (the "Agreement"), attached hereto and incorporated herein for all purposes, is hereby approved and hereby amends the Agreement. SECTION 3. Repeal. This Ordinance shall be cumulative of all provisions of ordinances of the City of Cibolo, Texas, except where the provisions of the Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Any renumbering shall be made in the City's Code of Ordinances as necessary. SECTION 4. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Open Meeting Compliance. It is officially found, determined, and declared, that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. (signatures on followingpage) SECTION 6. Effective Date. This Ordinance shall take effect immediately from and after its passage and completion of any publication requirements. PASSED, APPROVED and ADOPTED ON this/2 day of *71025. ATTEST: Peggy Cimics, City Secretary APPROVED AS TO FORM. lo't��'WV DENTON NAVARRO RODRIGUEZ BERNAL SANTEE & ZECH, PC, City Attorney FRANCHISE AGREEMENT FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS: CITY OF CIBOLO, TEXAS Exhibit A (Revised August 12, 2025) Base Rates for July 28, 2025 — July 31, 2026 — Per Section 3.1 Residential Service Single Cart Service Service Includes: 1 - 95 gallon Solid Waste Cart (Serviced Weekly), 1 - 95 gallon Recycle Cart (Serviced Every Other Week) 3 Cubic Yard Bulk Pickup (Serviced Every Other Week) Weekly Recycle Service (Optional) Household Hazardous Waste at home pickup (Optional) Additional 95 gallon Solid Waste Cart Additional 95 gallon Recycle Cart Holiday Special Collection Unusual Accumulation Waste Collection To be calculated using 0.05% of homes - at 15 minutes each and 3yds/collection, to be determined by estimated time not portal to portal. Rate per hour for vehicle (any type) and Crew Disposal fee per yard collected (not per ton) Small Commercial One 95 -gallon Solid Waste Cart 1 x week One 95 -gallon Solid Waste Cart 2 x week One 95 -gallon Solid Waste Cart 3 x week One 95 -gallon Recycling Cart 1 x week (per cart) One 95 -gallon Recycling Cart 2 x week (per cart) One 95 -gallon Recycling Cart 3 x week (per cart) Due to potential safety concerns related to a commercial site or concerns for security of provider's equipment/property, provider may provide multiple Solid Waste carts in lieu of a front load container. Customer will be charged for the front load equivalent (2 carts equal 1 yard) rather than for each individual cart, if lower. $ 17.77 $ 0.63 $ 1.50 $ 7.45 $ 3.00 $ 0.00 8M $ 200.00 $ 50.00 28.00 40.00 56.00 23.00 35.00 51.00 A-1 FRANCHISE AGREEMENT FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS: CITY OF CIBOLo, TEXAS Exhibit A (Revised August 12, 2025) Base Rates for July 28, 2025 - July 31, 2026 - Per Section 3.1 Commercial Front Load Times serviced weekly Solid Waste lx 2x 3x 4x 5x 6x U -U 2yard $91.10 $129.73 $168.36 $206.98 $245.65 $284.34 $55.00 3 yard $102.54 $147.87 $193.20 $238.53 $283.85 $329.18 $65.00 4 yard $116.16 $168.19 $220.21 $272.24 $324.25 $376.28 $75.00 6 yard $139.29 $204.71 $270.13 $335.54 $400.96 $466.37 $85.00 8 yard $165.12 $244.07 $322.73 $401.54 $480.35 $559.17 $85.00 10 yard $198.14 $292.89 $387.28 $481.86 $576.43 $671.00 $85.00 Recycle 2yard $86.46 $123.13 $159.80 $196.46 $233.13 $269.89 $55.00 Recycle 3 yard $97.33 $140.35 $183.38 $226.40 $269.42 $312.45 $65.00 Recycle 4yard $110.25 $159.63 $209.01 $258.40 $307.76 $357.15 $75.00 Recycle 6 Yard $132.20 $194.30 $256.39 $318.48 $380.58 $442.40 $85.00 Recycle 8 yard $156.72 $231.66 $306.32 $381.12 $455.93 $530.73 $85.00 Recycle 10 yard $188.06 $278.00 $367.59 $457.36 $547.12 $636.88 $85.00 Casters (per month, per container) $15.00 Locks (per collection, per container) $10.00 Enclosures (per collections, per container) $5.00 Overage (per yard) $35.00 Emergency or Disaster Management Rate per hour for Roll Off truck and Container $200.00 Rate per hour for Grapple Truck $200.00 Rate per hour for Rear Load Truck and Crew $250.00 Disposal Fee per ton collected $60.00 VPAC Commercial Front Load Times serviced weekly Solid Waste lx 2x 3x 4x 5x 6x x -u VPAC4yard $180.30 $360.60 $540.90 $721.20 $901.51 $1,081.81 $100.00 A-2 FRANCHISE AGREEMENT FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS: CITY OF CIBOLO. TEXAS Exhibit A (Revised August 12, 2025) Base Rates for July 28, 2025 - July 31, 2026 - Per Section 3.1 ROLLOFF CONTAINERS Temporary - Roll -Off Relocate/Block Fee 20 yard 30 yard 40 yard Permanent - Roll -Off Relocate/Block Fee 20 yard 30 yard 40 yard Roll -Off - Compactor Wash Out Fee 30 yd SC** 35 yd SC** 40yd Receiving Container*** Overage (per ton) $ 75.00 Delivery Daily Rental Haul Rate Disposal /ton $ 121.00 $ 5.00 $ 355.00 $ 55.00 $ 122.00 $ 5.00 $ 375.00 $ 55.00 $ 123.00 $ 5.00 $ 395.00 $ 55.00 $ 75.00 Delivery Daily Rental Haul Rate Disposal /ton $ 121.00 $ 5.00 $ 355.00 $ 55.00 $ 122.00 $ 5.00 $ 375.00 $ 55.00 $ 123.00 $ 5.00 $ 395.00 $ 55.00 $ 250.00 $ 80.00 Monthly Rental Haul Rate Disposal /ton $ 550.00 $ 525.00 $ 55.00 $ 550.00 $ 535.00 $ 55.00 $ 250.00 $ 545.00 $ 55.00 /_1w] FRANCHISE AGREEMENT FOR TIIE COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE AND RECYCLABLE 6IATERIALS: CITY OF CIBOLO. TEXAS Exhibit B (Revised August 12, 2025) City Facility Service at No Charge Per Section 8.5, the Contractor shall provide containers and weekly collection of Municipal Solid Waste and recyclable Materials from the following municipal facilities. Buildin Address Service Fre uenc City Municipal Complex 200 S. Main 10- and Garbage Front Load Twice Street 8- yard Recycle Front Load Weekly Noble Group Complex 03S. Main 203S * 10 -yard Garbage Front Load Twice Street 8- yard Recycle Front Load Weekly Cibolo Animal. Services 108 Cibolo 2 -yard Garbage Front Load Twice Weekly Drive, #300 1 Twenty -yard Roll Off As Needed Future Cibolo Animal Haeckerville Twice Services Road 4 -yard Garbage Front Load Weekly 2 - 95 Gallon Toter - Garbage Once City Hall Annex 201 Loop 539 95 Gallon Toter -.Recycle Weekly 4 -yard Garbage Front Load Once Cibolo Fire Station #1 204 Loop 539 95 Gallon Toter - Recycle Weekly Cibolo Fire Station #2 3864 Cibolo 4 -yard Garbage Front Load Once 95 Gallon Toter - Recycle Valley Dr Weekly 1842 Wiedner 4 -yard Garbage Front Load Once Cibolo Fire Station #3 95 Gallon Toter - Recycle Road Weekly Cibolo Fire Station #4 1805 Bolton 4 -yard Garbage Front Load Once 95 Gallon Toter - Recycle Road Weekly Cibolo Public Works 6- Yard Garbage Front Load Twice 6 -Yard Recycle Front Load 108 Cibolo Weekly Cibolo Public Works - Drainage Crew Drive, #100 2 Forty -yard Rolloff Dumpsters As Needed Cibolo Public Works 4 Twenty Yard Rolloff Dumpsters 3 times monthly Niemietz Park 618 FM 78 4 Yazd Garbage Front Load Twice 6 Yazd Garbage Front Load Weekly 6 Yard Garbage Front Load Twice Cibolo Event Center 203 S. Main Weekly 6 -Yard Recycle Front Load Twice Street Cibolofest . 200 S Main 30 Yard Rolloff Dumpster Once A Year Street