ORD 1134 07/28/2015'Cii!1 of Choice"
ORDINANCE NO. 1 1 34
AN ORDINANCE AMENDING ORDINANCE NO. 958 GRANTING
CIBOLO WASTE, INC. (DBA BEXAR WASTE) A FRANCHISE TO
OPERATE A GARBAGE AND RECYCLING 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 by
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 rates and service options specified by Ordinance No. 958 expire on December 31,
2015; and
WHEREAS, The City of Cibolo seeks to revise the existing 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.
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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 Cibolo Waste, Inc.
(dba Bexar Waste), to operate a solid waste (garbage) and recycling collection service in the City of
Cibolo, Texas, shall be amended by replacing Exhibit A and Schedules A & B with the amended
Exhibit A and Schedules A & B attached hereto. Said amended Exhibit A and Schedules A & B
prescribe 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Ordinance shall be hereby repealed and replaced by the provisions of this Ordinance.
SECTION 5
SEVERABILITY
That it is hereby declared to be the intention of the City Council of the City of Cibolo 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 should 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 or sections of this Ordinance,
since the same would have been enacted by the City Council without incorporation in this
Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6
SAVINGS
That all rights and privileges of the City of Cibolo are expressly saved as to any and all violations of
the provisions of any Ordinances affecting solid waste collection and disposal services, which have
accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances,
same shall not be affected by this Ordinance but may be prosecuted until final disposition by the
courts.
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SECTION 7
EFFECTIVE DATE
This Ordinance shall become effective upon passage by the City Council and after having been
published twice in its entirety or in summary form or by publishing the caption of this ordinance
twice in the City of Cibolo's Official Newspaper.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of E for to;-2� against this 28th day of July 2015.
ATTEST:
Peggy Cimics, City Secretary
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APPROVED:
Ulu& � 1464��
Usa M. ..Mayor
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EXHIBIT A
TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH
CIBOLO WASTE, INC. DBA BEXAR WASTE, 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 Cibolo Waste, Inc. dba Bexar Waste (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 and recycling (residential and commercial), 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
garbage and recycling (residential and commercial) 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 and
recycled materials.
4. Liability and Indemnification: IT IS EXPRESSLY UNDERSTOOD AND AGREED BY AND
BETWEEN THE CITY AND CONTRACTOR THAT THE CONTRACTOR SHALL
INDEMNIFY AND SAVE HARMLESS THE CITY, AND ALL AGENTS, OFFICERS,
EMPLOYEES, AND REPRESENTATIVES THEREOF FROM AND AGAINST ANY AND
ALL LOSS SUSTAINED BY THE CITY ON THE ACCOUNT OF ANY SUIT, JUDGMENT,
CLAIM, OR DEMAND WHATSOEVER, RESULTING FROM THE NEGLIGENCE ON THE
PART OF THE CONTRACTOR, ITS AGENTS, OR EMPLOYEES IN THE PERFORMANCE
OF SERVICES UNDER THIS ORDINANCE. The provisions of this Section 4 shall survive
the termination of this franchise as to events occurring during the term of this franchise or
as to claims made regarding such events for a period of two (2) years following the
termination of this franchise.
5. Insurance Requirements: Contractor agrees to carry public liability insurance naming the
City of Cibolo as co-insured in the amount of $1,000,000 per person and $1,000,000 per
accident; and property damage insurance in the amount of $1,000,000, $2,000,000 general
aggregate; all policies must be with companies approved by City.
A. Such policy or policies shall provide by endorsement that it may only be cancelled or
amended by the insurance company only after thirty (30) days' prior written notice to the
City Manager.
B. A certificate or certificates issued by the insurer evidencing the coverage, cancellation,
and amendment provisions set forth in this Section 4B. must be submitted to and
approved by the City Attorney no later than the date of final reading of this Ordinance,
and a certificate or certificates issued by the insurer confirming the continuing
effectiveness of such coverage, cancellation, and amendment provisions shall be
submitted to the City Secretary no later than July 1 of each year of this Franchise
commencing July 1, 2016.
C. Upon written request by the City Manager either the original policy (or policies) or copies
certified by the Insurer must be delivered to the City Secretary.
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 $120,000 which bond shall be in force no later than the date of final reading and
be subject to these requirements:
A. The bond shall be conditioned upon the requirement that the Contractor shall well
and truly observe, fulfill, and perform each term and condition of this Franchise and
that in case of any breach of condition of the bond, an amount (subject to the required
dollar limits of the bond) shall be recoverable from the principal and surety thereof by the
City for all liquidated damages for the failure of the Contractor to well and faithfully observe
and perform any provision of this Franchise, and for any amount billed to the Contractor
by the City for the cost of the City's performing or causing to be performed the
Contractor's obligations hereunder.
B. Such bond must provide by endorsement that it cannot be cancelled or amended by the
bonding company prior to thirty (30) days' written notice to the City Manager.
C. Such bond shall be in a form and contain such additional provisions as may be required by
the City Attorney.
D. Such bond shalt be executed by the Contractor as principal and one or more sureties
approved by the City Manager.
E. Either the bond or bonds or copies thereof certified by the surety must be on file with the
City Secretary of the City.
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,
Independence 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. Commercial Recycling: Services are provided by using Wheeled Carts, Front Loading
Containers, Open -Top Roll -Off Containers or Roll -off Compactors based on customer
needs. Contractor will work with customers to assess customer needs or requirements.
In high volume materials recycling, the Contractor will arrange contracts for customers
to deal directly with recycling facilities and handle financial arrangements between
generator and recycling facility. In these arrangements, the solid waste Contractor then
becomes a hauler of materials and is not involved in financial distribution agreements.
Smaller volume recycling services in most cases are based on 75% of regular waste
collections rates.
F. 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.
G. 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 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)
H. Applicability of Service: Garbage collection service is mandatory for all residences and
places of business within the City of Cibolo.
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.
J. 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.
K. 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.
7.1. Complaints and Resolution
A. Comolaints. Complaints from or by the public or a particular customer must be in writing
and mailed (or presented) to the City Manager or designated representative for action.
B. Penalties. The Contractor will pay a penalty of not less than $25 or more than $200 for
each customer complaint not satisfactorily resolved. Satisfactory resolution will be
determined by the City Manager. The Franchisee may appeal to City Council, which will
make a final determination. The penalty will be deducted from the Contractor proceeds
the for billing cycle following City Manager determination unless appealed, in which
case City Council will provide further instruction. Twenty-five (25) unresolved complaints
will be a basis for contract review by City Council for possible franchise termination.
7.2. Investigation and Public Hearing. The City Council shall have full power to examine or
cause to be examined at any time, and at all times, the books, papers and records of the
Contractor with relation to its operations under this Franchise. In this connection, the City
shall have the right, through its City Council, to take testimony and compel the attendance
of witnesses or the production of books, papers and records and to examine witnesses
under oath and under such rules and regulations as it may adopt. If any officer, agent, or
employee of the Contractor refuses to give testimony before the City Council, the City
Council shall have power to terminate this Ordinance.
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
ten (10) 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
Cibolo Waste, Inc. dba Bexar Waste, responsible party to this document.
9. Franchise Revocation: Notwithstanding any contrary provision herein, the City maintains an
absolute right to revocate and terminate this Franchise as provided in this Section 9,
including Subsections 9.A., 9.B., 9.C., and 9.D.
A. The City may terminate this franchise for any of the failure by the Contractor to comply
with the provisions of Section 4 (Liability and Indemnification), 5 (Insurance
Requirements), and/or 6 (Performance Bond). Upon the City's determination that the
Contractor has failed to comply with any or all of such provisions, the City may notify
the Contractor in writing that it is exercising its right to terminate this franchise on
thirty (30) days' (or longer, at the option of the City) written notice to the Contractor;
provided, the termination of this franchise by the City due to the Contractor's failure
to comply with Section 4 shall not terminate the Contractor's contractual
obligations to the City and all agents, officers, employees, and representatives of the
City under such Section 4.
B. The City may terminate this Franchise as a result of the Contractor having twenty-five
(25) or more unresolved complaints outstanding as set forth in Section 7.1. The City
may notify the Contractor that it is exercising its right to terminate this Agreement on
thirty (30) days' (or longer, at the option of the City) written notice to the Contractor.
C. The City may terminate this Franchise for failure by the Contractor to comply with any
other provision of this Ordinance if: (i) the City has notified the Contractor in writing of
such failure and the Contractor has failed to correct such failure to the satisfaction
of the City within thirty (30) days (or longer period, at the option of the City) of the
receipt of such notice; or (ii) the City has notified the Contractor in writing of such
failure twice within a six (6) month period. Such termination shall be effective upon
thirty (30) days' (or longer, at the option of the City) written notice to the Contractor.
D. The City may terminate this franchise in accordance with Section 7. K.
E. Following receipt of notice of termination under this Section 9 A, B, C, or D, franchise
the Contractor shall be responsible for continuing compliance with all provisions of this
Ordinance until the effective date of termination unless explicitly directed otherwise in
writing by the City.
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 and recycling service addressed in Schedule A. The contractor shall be paid by
the City at a rate of eighty-five percent (85%) 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. From time to time the City
Council may establish fees other than those shown in Schedule A as attached hereto. Said
fees shall be retained in their entirety by the City of Cibolo and are not subject to the
contractor payment specified in this paragraph.
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 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
according to the dates specified in Schedule B.
14. Service Fees: All service fees shall be included in Schedule B. After expiration, 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 Cibolo Waste, Inc. dba Bexar Waste, 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 826, 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 FRANCHISE AGREEMENT IS HEREBY ACCEPTED IN ALL THINGS BY CONTRACTOR,
OF THE CITY OF CIBOLO, TEXAS THIS 28th DAY OF JULY, 2015.
Henry Gutierrez
Cibolo Waste, Inc. DBA Bexar Waste
SCHEDULE"A"
TYPE OF COLLECTION
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. Carts Provided for Residential Service: Each customer will be provided one (1) cart by
Contractor. Additional carts will be provided to customers at an additional cost, rate as
established by contractor.
B. Bulk Item Pick Up - The Contractor will pick up large bulky items such as appliances, water
heaters, furniture, large tree/brush trimmings, etc. one (1) day each month as specified by
the Contractor. Customers are required to bring these items to curbside for pickup.
Customers are entitled to only one (1) bulk pickup every other month under the terms and
conditions of this contract. Tree/brush trimmings must be bundled and tied in lengths not to
exceed 6 feet in length and sixty (60) pounds in weight. Additional monthly bulk pick-ups
may be privately arranged through the Contractor at the sole cost of the customer.
C. 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.
D. Green Waste Programs — The City Council and the Contractor may negotiate and
implement a green waste program and revise the conditions for the pick up and disposal of
tree/brush trimmings, lawn clippings and other vegetative waste. Said green waste program
may supersede the applicable portions of Paragraphs B. and C. above.
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 waste 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 at least four (4) 40 -
yard open top roll -off containers for an annual Spring Clean Up and an annual Fall Clean Up. The
Spring Clean Up will be for six (6) days, (2 week -ends for 3 consecutive days each), the Fall Clean
Up will be for six (6) days, (2 week -ends for 3 consecutive days each). Weekend days will be
considered Friday, Saturday and Sunday.
Household hazardous waste collection will be provided for two (2) days during each Fall and Spring
Clean Up. Haz-mat days will be Saturday and Sunday at each clean up event.
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 serviced on the following schedule at no cost to the City.
• For the ten monthly billing cycles beginning January 161h and ending November 15th— 9 pulls
will be authorized monthly.
• For billing cycles ending December 15th and January 15th — 8 pulls will be authorized
monthly.
In the event that the City does not utilize all pulls authorized in a particular month, pulls will not carry
forward from one month to another. Additional servicing will be charged at regular billing rates. If
City requires a larger container, regular billing rates will apply.
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