ORD 768 11/14/2006 ORDINANCE NO. 7 6 8
AN ORDINANCE GRANTING BEXAR 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;
PROVIDING A REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING SAVINGS; 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, is governed by a Home Rule Charter that was approved Ly
the Citizens of Cibolo in a duly called election held on September 11, 2004;and
WHEREAS, the City of Cibolo, Texas, Section 10.1 of the Home Rule Charter authorizes the City
Council to establish franchises for public services and utilities;and
WHEREAS, The City of Cibolo seeks to establish a franchise for solid waste services within the
corporate limits in order to ensure the public health, safety and welfare.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS...
SECTION 1.
INCORPORATION
That the above and foregoing premises are true and correct and are incorporated herein and made part hereof
for all purposes.
SECTION 2.
ADOPTION
That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the City Council of
the City of Cibolo,Texas.
SECTION 3.
ORDINANCE PROVISIONS
That the Solid Waste Franchise Agreement granting an exclusive franchise to Bexar Waste, Inc., to operate a
garbage collection service in the City of Cibolo, Texas, included in Exhibit A and attached hereto shall be
adopted. Said Exhibit A prescribes the terms, conditions, obligations and limitations under which such
franchise is hereby exercised.
SECTION 4
Repealer Clause
All other ordinances of the City of Cibolo that are in direct conflict with the provisions of this Ordinance
shall be hereby repealed and replaced by the provisions of this Ordinance.
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EXHIBIT A
TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH BEXAR
WASTE, INC., IS GRANTED A FRANCHISE TO OPERATE A GARBAGE COLLECTION SERVICE IN
THE CITY OF CIBOLO.
1. Grant of Authority: There is hereby granted by the City of Cibolo (hereinafter called "City"), to Bexar
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 Cur the performance
of this franchise shall be in good condition and repair. A stand-by vehicle shall always ue
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
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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.
C. Routes and Times of Collection: Garbage pick-up shall be at least once a week per customer
within the City limits, for eight (8) months during the calendar year. During the months of June,
July, August and September, residential collections will be twice weekly with the days
determined and agreed upon by the City Manager and said Contractor. The week of Christmas,
residential collections will be twice weekly with the days determined and agreed upon by the City
Manager 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. Curbside Recycling Service: Contractor will provide curbside recycling services to all residential
accounts in the City. Said curbside recycling pickup will occur according to the same collection
routes and times as specified in C. above.
E. 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.
F. Disposal of Garbage and Refuse: Contractor shall have the responsibility of disposing of all
refuse, garbage, junk and weeds collected i.nda: this agreement and al! 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 Commission on Environmental Quality
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)
G. Applicability of Service: Garbage collection service is mandatory for all residences and places of
business within the City of Cibolo.
H. Area/Pickup Point of Collection: Contractor will collect garbage from all residences within the
City limits of the City of Cibolo provided customers arc 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.
I. Interruption in Service: In the event that the collection and disposal of garbage and refuse
should be interrupted by any reason for more th_n 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.
J. 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
Manager, and shall continue in force and effect until the earlier of twenty (20) years from the
effective date of this franchise or until such time that said franchise rights are revoked pursuant to
Item 9 below. If the terms of this franchise are not accepted by the Contractor within thirty(30) days
after passage hereof, all rights granted hereunder shall be null and void. Evidence of acceptance
shall be by affixing the signature of the Bexar Waste, Inc., responsible party to this document.
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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 au collections for
garbage service addressed in Schedule A. The contractor shall be paid by the City at a rate of
eighty-four (84.0) percent of the amount billed for each residential customer served and for
commercial contracts. 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 151n 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 ninth.
13. Rate Confirmation and Options: The rates shown in Schedule B are binding and in effect until
January 1, 2009.
14. Service Fees: All service fees shall be included in Schedule B. After January 1, 2009, the service
fee portion of this ordinance may be revised when deemed necessary, by Council action, without
effecting other provisions of this agreement.
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 franchise, same shall be sufficient to notify
Contractor if mailed by certified mail to Bexar Waste, Inc., 550 FM 78, Schertz, TX 78154, and shall
be sufficient to notify City if mailed by certified mail to City Manager, City of Cibolo, P.O. Box 88,
Cibolo, Texas 78108.
17. Franchise Extension: The franchise granted hereby may be extended 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.
THE ABOVE ORDINANCE FRANCHISE IS HEREBY ACCEPTED IN ALL THINGS BY CONTRACTOR, OF THE
CITY OF CIBOLO, TEXAS THIS 14TH DAY OF NOVEMBER, 2006.
Henry Gutierrez
Cibolo Waste, Inc. DBA Bexar Waste
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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, August and September 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
services required 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 and an annual Fall Clean Up for three weekends six (6) days. Containers will be
provided for a sixteen (16) day period for the Spring Clean Up and for three (3) weekends (6 total days) for
the Fall Clean Up at locations agreed to between the City and the Contractor.
Household hazardous waste collection will be provided for two (2) days during each fall and spring clean up.
On the second day of each hazardous waste collection event, the Contractor will provide third party
environmental technician services at no cost to the City.
5. Portable Toilets: The Contractor will provide at no charge portable toilets to the annual Cibolo Fire
Department Sausage Supper/Auction and Cibolofest events.
6. Special Roll Offs Provided to City by Contractor - The contractor will provide two 20-yard roll off containers
with one (1) pull for each container once each quarter as requested by the City. Said roll-off containers and
pulls shall be provided at no cost to the City.
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SCHEDULE "B"
RATE SCHEDULE
RATES EFFECTIVE DECEMBER 1, 2006
ROLLOFF RATES: 20YD $206.43 Per Pull
30YD $244.88 Per Pull
40YD $283.28 Per Pull
Container Delivery Fee $39.45
Container Rental Fee If Not Pulled Once Per Month $95.70
1. RESIDENTIAL COLLECTION SERVICE(Single Family) $9.90 Per Month
2. RESIDENTIAL CURBSIDE RECYCLING SERVICE $1.80 Per Month
3. COMMERCIAL HAND PICKUPS:
A. Class I - (barber shops, office, churches, professional services (1 CART) $10.80 Per Month
B. Class 2 - Light Retail/Industrial-(2 CARTS) $15.61 Per Month
C. Class 3 - Medium Retail (3 CARTS) $27.01 Per Month
4. COMMERCIAL/ INDUSTRIAL CONTAINERS:
CONTAINER SIZE FREQUENCY OF PICKUP
1 2 3 4 5 6 Extra Pickups
2 cubic yards 42.53 72.30 101.01 111.65 124.41 136.10 17.01 Each
3 cubic yards 55.29 90.38 124.41 157.37 191.39 223.29 23.39 Each
4 cubic yards 69.12 108.46 146.74 182.89 227.55 255.19 26.58 Each
6 cubic yards 103.14 161.62 226.48 292.41 361.52 417.88 29.77 Each
8 cubic yards 118.03 202.03 276.46 357.27 438.08 512.51 31.90 Each
10 cubic yards 136.10 239.24 322.18 414.69 483.80 586.94 34.03 Each
FIRM NAME: Bexar Waste
ADDRESS: PO BOX 519, Schertz Texas 78154
TELEPHONE: 210 566-5454
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