ORD 628 03/09/2004 ORDINANCE #(.O?
EXIM
AN ORDINANCE GRANTING.53E-6--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 AND 499.
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1. Grant of Authority: There is hereby granted by the City of Cibolo (hereinafter called "City"), to ck 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, r~
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 inquiries
received by telephone or otherwise and the action taken thereon shall be maintained by said Contractor.
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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.
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
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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 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.
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, 2004.
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.
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16. Notices: Where written notices are provided for in this ordinance, same shall be sufficient to notify
Contractor if mailed by certified mail to Se aste, 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, 2004.
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 `-'1 DAY OF 1 1 1CQ 3\C , 2004.
y4/6frivr
Charles Ruppert, Mayor
City of Cibolo, Texas
ATTEST:
. \,r 1.
Y n e Griffin./City Secre ary
THE ABOVE ORDINANCE FRANCHISE IS HEREBY ACCEPTED IN ALL THINGS BY CONTRACTOR, OF THE CITY OF
CIBOLO, TEXAS THIS /9 DAY OF WM/2C,1f , 2004.
Henry Guffez
Cibolo Waste, Inc. DBA Bexar Waste
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SCHEDULE "B"
Amended to Read As:
RATES EFFECTIVE DECEMBER 1, 2004
ROLLOFF RATES. 20YD $194.14
30YD $230.30
40YD $266.42
1. RESIDENTIAL(Single Family) $9.31 Per Month
2. COMMERCIAL HANDPICK UPS:
A. Class I - (barber shops, office, churches, professional services (1 CART) $10.16 Per Month
B. Class 2-Light Retail/Industrial-(2 CARTS) $14.68 Per Month
C. Class 3- Medium Retail (3 CARTS) $25.40 Per Month
3. COMMERCIAL/ INDUSTRIAL CONTAINERS:
CONTAINER SIZE FREQUENCY OF PICKUP
1 2 3 4 5 6
2 cubic yards 40.00 68.00 95 00 105.00 117.00 128.00
3 cubic yards 52.00 85.00 117.00 148.00 180.00 210 00
4 cubic yards 65.00 102.00 138.00 172.00 214.00 240.00
6 cubic yards 97.00 152.00 213.00 275.00 340.00 393 00
8 cubic yards 111.00 190.00 260.00 336.00 412.00 482.00
10 cubic yards 128.00 225.00 303.00 390.00 455.00 552.00
FIRM NAME: Cibolo Waste
AUTHORIZED SIGNATURE:
ADDRESS PO BOX 519, Schertz Texas 78154
TELEPHONE: 210 566-5454
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SCHEDULE "A"
TYPE OF COLLECTION
1 Normal Pick Up Service - Normal residential service consists of weekly pick up 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 - Tree/bush 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 servicesrequired of the Contractor is the responsibility of the
customer.
3. Waste from Construction/Demolition/Land Clearing - 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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WASTE COLLECTION AGREEMENT
THIS AGREEMENT is made and entered into by and between CITY OF CIBOLO,
(`CITY' herein) and CIBOLO WASTE, INC. d/b/a BEXAR WASTE, a Texas Corporation,
(`Bexar Waste' herein) under the following circumstances:
A. On November 24, 1998 the CITY through its authority as a general law city, passed
Ordinance#499 awarding the franchise for the collection of trash, brush and other solid waste to
Beck Waste.
B. On September 15, 1999 Beck Waste changed its name to Bexar Waste.
C. On February 13,2001 by Ordinance#521 CITY extended the franchise until December
1, 2002 for Bexar Waste.
D. On July 23, 2002 CITY through its City Council approved a trial curbside residential
recycling program to begin October 1,2002 and extended the franchise until December 1,2004 for
Bexar Waste.
THEREFORE,in consideration of the above circumstances and of the mutual promises and
conditions contained herein,the parties hereto agree as follows:
�.1 Bexar Waste will faithfully perform all the duties and obligations contained in the
specifications attached hereto as Exhibit 'A' and any and all Ordinances concerning solid waste
collection.
1.2 Bexar Waste will guarantee the Equipment necessary to perform all contract
requirements contained in Exhibit 'A'.
1.3 Bexar Waste will charge the prices identified in Schedule'B'and agrees that all rates
will remain in full force and effect until December 1, 2005 at which time Bexar Waste will be
permitted to request a rate adjustment.
2. REPRESENTATIONS BY BEXAR WASTE:
2.1 Bexar Waste wi11 provide at no cost to CITY or its residents, annual collection
associated with Spring Cleanup, not to exceed sixteen (16) days annually.
2.2 Bexar Waste will provide at no cost to the CITY or its residents, annual collection
associated with Fall Cleanup, not to exceed four(4) days (two weekends) annually.
2.3 Bexar Waste shall indemnify and save the CITY harmless from any loss sustained
by the CITY on account of any suit, judgment claim or demand whatsoever resulting from
negligence on the part of Bexar Waste, its agents or employees, in the performance of services of
this contract.
3. REPRESENTAT.iONS CITY:
3.1 CITY represents that in the event the curbside residential recycling is terminated that
the franchise awarded to Bexar Waste shall continue according to the terms set forth in Exhibit"A"
until the termination date set forth above.
3.2 CITY represents that Bexar Waste shall have the exclusive right to extend the
contract awarded for a like term, if such request is made in writing ninety (90) days before the
termination of the franchise.
3.3 CITY has agreed to extend the franchise awarded to Bexar Waste from December
1,2004 until November 30,2006 for the collection of trash,brush and other solid waste.
4. COUNTERPARTS:
This Agreement or any amendment thereto may be simultaneously executed in several
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counterparts, each of which when so executed shall be deemed to be an original, and such
counterparts together shall constitute but one and the same instrument, which shall be sufficiently
evidence by any original counterpart.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day of
February, 2004.
ACCEPTED & APPROVED:
CIBOLO WASTE,INC. d/b/a BEXAR WASTE
B �� `
By:
Henry Gu/ ez.President
CITY OF CIBOLO
By:
Page 3
WASTE COLLECTION AGREEMENT
THIS AGREEMENT is made and entered into by and between CITY OF CIBOLO,
(`CITY' herein) and CIBOLO WASTE, INC. d/b/a BEXAR WASTE, a Texas Corporation,
(`Bexar Waste' herein) under the following circumstances:
A. On November 24, 1998 the CITY through its authority as a general law city, passed
Ordinance#499 awarding the franchise for the collection of trash, brush and other solid waste to
Beck Waste.
B. On September 15, 1999 Beck Waste changed its name to Bexar Waste.
C. On February 13,2001 by Ordinance#521 CITY extended the franchise until December
1, 2002 for Bexar Waste.
D. On July 23, 2002 CITY through its City Council approved a trial curbside residential
recycling program to begin October 1, 2002 and extended the franchise until December 1, 2004 for
Bexar Waste.
THEREFORE,in consideration of the above circumstances and of the mutual promises and
conditions contained herein,the parties hereto agree as follows:
LI Bexar Waste will faithfully perform all the duties and obligations contained in the
specifications attached hereto as Exhibit 'A' and any and all Ordinances concerning solid waste
collection.
1.2 Bexar Waste will guarantee the Equipment necessary to perform all contract
requirements contained in Exhibit 'A'.
1.3 Bexar Waste will charge the prices identified in Schedule`B'and agrees that all rates
will remain in full force and effect until December 1, 2005 at which time Bexar Waste will be
permitted to request a rate adjustment.
2. REPRESENTATIONS BY BEXAR WASTE:
2.1 Bexar Waste will provide at no cost to CITY or its residents, annual collection
associated with Spring Cleanup, not to exceed sixteen (16)days annually.
2.2 Bexar Waste will provide at no cost to the CITY or its residents, annual collection
associated with Fall Cleanup, not to exceed four(4) days (two weekends) annually.
2.3 Bexar Waste shall indemnify and save the CITY harmless from any loss sustained
by the CITY on account of any suit, judgment claim or demand whatsoever resulting from
negligence on the part of Bexar Waste, its agents or employees, in the performance of services of
this contract.
3. REPRESENTAT' ONS TTY;
3.1 CITY represents that in the event the curbside residential recycling is terminated that
the franchise awarded to Bexar Waste shall continue according to the terms set forth in Exhibit"A"
until the termination date set forth above.
3.2 CITY represents that Bexar Waste shall have the exclusive right to extend the
contract awarded for a like term, if such request is made in writing ninety (90) days before the
termination of the franchise.
3.3 CITY has agreed to extend the franchise awarded to Bexar Waste from December
I,2004 until November 30,2006 for the collection of trash,brush and other solid waste.
4. COUNTERPARTS:
This Agreement or any amendment thereto may be simultaneously executed in several
Page 2
counterparts, each of which when so executed shall be deemed to be an original, and such
counterparts together shall constitute but one and the same instrument, which shall be sufficiently
evidence by any original counterpart.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day of
February, 2004.
ACCEPTED& APPROVED:
CIBOLO WASTE,INC. d/b/a BEXAR WASTE
By:
Henry Gu ' ez.President
CITY OF CIBOLO
gar ,
By:
Page 3
09/2$/2005 12-513 PAA C1umnsIJU DE.AAA .-
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AnP 0 Box 519 * Schertz,Texas 78154 • Phone (210) 566-5454 • Fax(210)566-6910
WASTE
Y+'
January 28, 2004
Mr Charles Ruppert, Mayor
City of Cibolo
109 So Main
Cibolo, TX 78108
Dear Mayor Ruppert'
Per recent conversations with Mr Chuck ealcar regarding Bexar Waste's desire to cont nue as
the solid waste contractor for the City of Cibolo,we submit the following information
Dunngg the past 3 years, we have been diligent in our responsibilities. We believe that we have
provided excellent and timely services to the City and every customer, residential, commercial
and construction. Our cornpiaints have been minimal and when received, we have responded
quickly to take care of any given situation to customer satisfaction.
At this time, rapid growth in the City requires that Bexar Waste secure financing in excess of
$750,000 00 solely for purchasing new trucks.
The financial requirements for securing new and maintaining current equipment are very
extensive. Good equipment is most important in providing excellent services to all customers and
in keeping pace with growth and City expansion.
The lending institutions are most concerned about our current major contracts, duration of those
contracts, and revenue generated when we approach them for financing purposes.
Herein is our formal request to extend our franchise with the City of Cibolo effective December 1,
2004, as provided for in our current agreement.
We emphasize that sincere consideration be given to our request in granting us a two (2) year
franchise extension with an additional two(2)year extension option, beyond that, agreeable to
both parties If granted, Bexar Waste will maintain current rates through November 30, 2005
and would request a reasonable adjustment starting December 1, 2005.
We would greatly appreciate your approval and granting of this request.
We are very proud to be Cibolo's local waste contractor We will always make every effort to
provide all concerned in Cibolo with the best possible services at the most economical rates
Sincerely. /
eenry ierrez
Owner Operator
HG bj
Cc. Mr Chuck Balcar, City Administrator
City Council Members
Commercial • Construction • Industrial • Municipai • Residential a Recycling
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P.O.Box 519 • Scher Texas 78154 • Phone (210)566-5454 • Fax(210)566-6910
WASTE
Jul ,,2002
Mayor Charles Ruppert. City Council Members.
and Mr. Chuck Balcar, City Administrator
City of Cibolo
109 South Main Street
Cibolo,TX 78108
Dear Mayor Ruppert, City Council Members, and Mr, Chuck Balcar:
It has been nearly four years since l3exar Waste began solid waste collection services in
the City of Cibolo.
During these past years, we have been diligent in our responsibilities. We believe that we
have provided excellent and timely services to the City and to every customer. both
residential and commercial.
Complaints have been minimal arid when received, we have responded quickly to take
care of any given situation.
At this time, we request your sincere consideration of granting l3exar Waste a two (2)
year extension to our franchise as provided for in Ciboio Ordinance #499 with an option
for an additional two year extension agreeable to both parties.
In addition to the extension request, we ask that you consider and approve the following
rate adjustments:
Residential service-single family dwelling: 6.5% rate increase
Franchise fee payable to City increased from 15_1%to 16%
Commercial hand pick-ups: 6.5% rate increase
Franchise (cc payable to the City increased from 15%to 16%
Roll-off and Commercial containers: 6.5% rate increase
Franchise fee payable to the City increased from 15%to 16%
The requested rate adjustments are most competitive and comparable with the CPI for the
past two years.
Commercial • Construction • Industrial . Municipal • Residential • Recycling
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lr addition to the services provided for the franchise agreement, flexar Waste will
provide curbside recycling services once weekly to all residents in the City at a rate of
$l.$0 per month per household.
We appreciate your business and will continue every effort to provide the City, the
residents and the business community with the best services possible at reasonable rates.
We thank you and your staff for your assistance and cooperation. We look forward to
continued good relations with the City of Cibolo for years to come,
Sincerely,
/f
enry 6tierrez
President
HG/cs