ORD 63 03/04/1974 1110
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ORDINANCE NO. 63
AN ORDINANCE GRANTING GUTIERREZ DISPOSAL AND MATERIALS, 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 FRAN-
CHISE SHALL BE EXERCISED
W HEREAS, the City of Cibolo, Texas, was incorporated under the
general law of the State of Texas; and
W HEREAS, said City has the right and duty to provide for the
health and welfare of its citizens; and
WHEREAS, the City Council of the City of Cibolo has determined that
it is in the public interest for said Council to grant an exclusive fran-
chise to provide for the satisfactory and efficient collection of garbage,
weeds, and other refuse in order to maintain safe and sanitary conditions with-
in said City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOIO:
1 . Grant of Authority. There is hereby granted by the City of Cibolo
(hereinafter called "City") , to Gutierrez Disposal and Materials, Inc ., a
company, (hereinafter called "Contractor") , the right and privilege to operate
and maintain within the City of Cibolo a service for the collection and
disposal of garbage, weeds, brush and other refuse.
2 . Exclusive Grant. The right and privilege granted herein for the
purposes 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 al l
times during the life 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
(also see paragraph 6F) .
)4. Liability. It is expressly understood and agreed by and between the
City and Contractor that the Contractor shall indemnify and save the City harm-
less from any and all loss sustained by the City on account of any suit, judg-
ment, claim or demand whatsoever, resulting from the negligence on the part of
said Contractor, its' agents, or employees in the performance of services under
this franchise agreement.
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5. Insurance Requirements. Contractor agrees to carry public liability
insurance naming the City of Cibolo as co-insured in the amount of $100,000.00
per person and $300,000.00 per accident; and property damage insurance in the
amount of $10,000.00. Such insurance will be carried with a reputable company
and said policies must be submitted to and be approved by the City Attorney.
A. 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 $10,000.00. Said
bond shall show Contractor as principal and a Surety
Company authorized to transact business in Texas as
Surety.
6. 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 manda-
tory requirements:
A. Equipment. All equipment, including motor vehicles and trucks
necessary for the performance of this franchise shall, at the
beginning of the period hereof, be in good condition and re-
pair. A stand-by vehicle shall always be available. The
trucks used in collection of garbage or refuse shall be all
metal, water-tight, with completely enclosed "packer" type
bodies that are designed and manufactured for the collection
of garbage and rubbish. Said collection vehicles shall be
painted and numbered and shall have Contractor's name and
tel 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.
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 following holidays: New Year's Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas.
C. Office Location. The Office mentioned in Sub paragraph B shall
be staffed with sufficient competent personnel to handle calls
and inquiries during office 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 Contractor.
D. Routes and Times of Collection. Contractor shall collect, remove,
transport and dispose of garbage, weeds, and refuse from areas de-
signated by the City Council according to the schedule attached
hereto as Exhibit "A" hereof.
E. Changes in Times and Routes of Collection. The City Council reserves
the right to change or alter the times and routes of collection.
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Contractor shall be given at least five (5) days' notice
if any such action is contemplated by City. No changes
in collection schedule shall be made by Contractor with-
out approval by City.
F. Disposal of Garbage and Refuse. Contractor shall have the
responsibility of the disposal of all refuse, garbage and
weeds collected under this agreement and all of said materials
shall be disposed of in compliance with the laws of the State
of Texas and/or the rules, regulations and standards establish-
ed or to be established by the Texas State Department of Health
to include the Texas Air Control Board. (Said disposal shall
be accomplished outside the city limits of the City of Cibolo, Texas) .
G. Area of Collection. Contractor will collect garbage from all prop-
erty owners within City needing such service and not delinquent in
the payment of the authorized service fees.
H. Interruption in Service. In the event that the collection and dis-
posal of garbage and refuse should be interrupted by any reason for
more than forty-eight (I8) hours, the City shall have the right to
make temporary independent arrangements for the purpose of continuing
this necessary service to its citizens in order to provide and pro-
tect the public health and safety.
I. Excessive Interruption in Service. If the interruption in service
mentioned in the paragraph next above continues for a period of
thirty (30) days, then City shall have the right to terminate the
rights and privileges granted in this franchise.
7. Term of Franchise. Franchise rights herein granted shall take effect
and be in force from and after the final passage hereof as required by
law, and upon filing of acceptance by the Contractor with the City
Secretary, and shall continue in force and effect for a term of three
years effective February 9, 1971 . If the terms of this franchise
are not accepted by the Contractor and said acceptance in writing filed
with the City Secretary within thirty (30) days after the passage hereof,
all rights granted hereunder shall be null and void.
A. Revocation. Franchise rights granted hereunder may be terminated
by the City of Cibolo or by the Contractor on the giving of notice
in w .ting to the other party to said contract, of the intention of
said party to terminate his participation in said contract ninety
(90) days in advance of said proposed termination of contract.
8. 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.
9. Rates, Collection Payment. The rates to be charged are as shown in
exhibit "A". The Contractor shall be solely responsible for collecting
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the prescribed monthly service charge and the City shall have no responsibility
or liability for payment of any charge the Contractor is unable to collect. At
the option of the City and upon i ixty (60) days written notice to the Contractor,
the City may assume the billing and collection of the monthly service charge.
If and when this option is exercised, the City shall make or shall cause to be
made all collections thereof. Contractor shall be paid by City at the rate of
Ninety percent (90%) of amount billed for each customer servg,&:;for which billing
is made by City. Contractor shall be paid what he is due from City within 5
days after the closing date of each billing period with the last monthly payment
hereunder to be made during the first calendar month after the expiration of the
term hereof or after the cancellation hereof, as the case may be.
10. Records and Reports. City shall have access at reasonable hours to all
the Contractor's records, customer service cards, and all papers relating to the
operation of said Contractor within the City of Cibolo . The following records
and reports shall be filed monthly by Contractor with the City Secretary at the
City Hall of the City of Cibolo:
A. Reports of the results of all complaints and investigations
received and completed each month by Contractor.
B. Reports of all changes in equipment used in Contractor's operation.
C. Record of all changes in number of residents of City served by
Contractor.
11 . 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 Contractor with relation to the operation of the
garbage collection system within the City. In this connection, the City shall
have the right, through its Council, to take testimony and compel the attendance
of witnesses or the production of books, papers and records and to examine wit-
nesses under oath and under such rules and regulations as it may adopt. If any
officer of Board or agent or employee of Contractor refuses to give testimony be-
fore said Council, Council shall have power by ordinance to declare this franchise
a privilege and default and terminate it.
12. Notices. Where written notices are provided for in this Ordinance, same
shall be sufficient to notify Contractor if mailed by certified mail to
Henry Gutierrez, Pres., Gutierrez Disposal and Materials, Inc., P. 0. Box 77,
Schertz, Texas 78154 and shall be sufficient to notify City if mailed by certified
mail to City Secretary, City of Cibolo, P. 0. Box 156, Cibolo, Texas 78108.
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13. 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. Al].
ordinances and agreements in conflict herewith are hereby repealed effective
February 9, 1971 .
PASSED AND APPROVED this 9th day of February 1974.
F. S. S' chlather
Mayor
ATTEST:
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Linda N. L ng1
City Secretary
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11 . Acceptance: The above Ordinance Franchise is hereby accepted in all
t7s by Contractor, of the City of Cibolo, this 1624 day of
at_lL , 1974.
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Contrac r Henry Gutie ez, President
Gutie ez Disposal and terials, Inc.
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SCHEDULE "A"
1 . ROUTES AND TIMES OF COLLECTIONS. Garbage pick up shall be twice a week per
customer in City.
Tuesday and Friday
(a) Resident's Special Pickup - When the trash, rubbish, limbs, rocks and
other waste which cannot conveniently be placed into regular garbage
containers, as outlined in paragraph 6 or, represent an unusual weight
or size, the resident or property owner may negotiate directly with
the contractor to remove such trash, by special pickup at an agreeable
price. If an agreement on price cannot be established, the resident is
authorized to negotiate with any other person for this special service.
2. Pickup Points for Collections: Garbage containers shall be placed so that
they are accessable from the alley without the collector entering upon private
property. 'Where no alley exists or are inaccessable, as determined by the
City Secretary, collections shall be made at the side walk area, or its
equivalent, with the approval of the homeowner. If the homeowner approves
he will sign a release, releasing the City and the Contractor from all manner
of claims, damages and losses in the performance of this garbage collection
service. If the homeowner does not agree, then such garbage pickup shall be
at the curb line.
3. Times of Collection: Contractor shall make no collections in residential
districts prior to 7:00 A.M. and collections in business districts shall not
be commenced earlier than 6:00 A.M.
4. Waste from Building Operations: Roack, waste, scrap, building materials, or
other trash resulting from construction or major remodeling; resulting from a
general cleanup of vacant or improved property just prior to its occupancy, or
resulting from sizeable amounts of trees, brush and debris cleared from proper-
ty in preparation for construction, 111 not be removed by the contractor as a
part of regular service but may be done for the owner on payment of an extra
charge as agreed to between the owner and the Contractor with such payments being
made directly to the Contractor. The owner, at his option, will have such
debris removed at his expense by a private hauler of his choice.
5. Dead Aniirals: Dead Animals shall not be placed in garbage containers. Dead
animals, except for small dead animals such as cats, dogs and the like, are
not required to be accepted by the Contractor. The Contractor upon call with
no extra compensation shall as a special service pick up small dead animals
from the street or upon request from a customer. A record shall be kept of
these special service pick ups and filed with the City Secretary on a monthly
basis. The owner shall be responsible for the removal and disposal of excessive-
ly large dead animals, such as cows, horses, mules and goats.
6. Limit on Tree Pickups: All brush and large trimmings to be collected by
Contractor shall be placed by property owners at the curb line if there is
no alley, or in the alley if one exists. Trees, brush, and limbs cannot exceed
three (3inches in diameter nor five (5) feet in length. Leaves and grass
clippings and small brush items are to be placed in cardboard containers or
garbage cans.
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7. Service Fees: The fair and reasonable rates for collecting garbage, trash,
and brush as equitable to all citizens are (to be determined by- bid) :
(a) Residential ail 11° 6 a1
Class I - Residence, Single Family $3.25 per month
Class II- Trailer Parks (2 or more) $2000 per unit
per month
(based on number in park
on the 15th of month)
Class III - Apartments $2 .00 per unit
Class IV - Motels $ .75 per unit
(b) Commercial
Class V - Offices, Barber Shops,
and Professional Service $3.50 per month
Class VI - Light retail/industrial
(grocery store under 2000 sq. ft.) $5.00 per month
Class VII - Medium retail/industrial garages,
filling stations, drug stores,
grocery stores(2000 4000 sq. ft.) $8.25 per month
Class VIII - Heavy retail/industrial $15.00 per month
8. Types of Containers: Garbage containers shall be water tight receptacles
of solid and durable grade of metal or plastic, not to exceed thirty (30)
gallons in capacity; the combined weight of the garbage and container shall
not exceed one hundred (100) pounds. Containers shallbbe provided with
suitable lifting handle or handles on the outside and close fitting cover
equipped with a handle. The container must not have any inside structures,
such as inside bands, and reinforcing angles or anything within the container
to prevent the free discharge of the contents. Containers that have deteriorat-
ed, or that have been damaged to the extent of having jagged, or sharp edges
capable of causing injury to garbage collectors or other persons whose duty
it is to handle the containers, or to such an extent that the covers will not '
fit securely, will be condemned by the City of Cibolo.
9. Commercial Containers: Contractor will provide commercial containers to
those customers who desire to use them in lieu of garbage cans. The use of such
containers is not required by this ordinance by any specific customer. If
desired arrangements for their lease or purchase will be made with the Sanitation
Contractor. Monthly lease charge for these mechanical lifted containers shall
not exceed (to be determined by Bid) .
Container Size Times Serviced Per Week
1 2 ? 4 5 6
1 cu. yd. $12.00 $19.00 $28.00 $36.00 $44.00 $52 .00
2 cu. yd. $1)4.00 $24.00 $34.00 4M.00 $5)4.00 $64.00
3 cu. yd. $18.00 $32.00 $1 6.oo $60.00 $71 .00
$83.00
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10. Billing and Collection: Billing and collection shall be by the Contractor.
However, at the option of the City and for the purpose of convenience, the
billing and collection of the charges levied for the garbage service may be
done by the City of Cibolo and if so collected all such fees shall be payable
at the City Hall. All charges shall be due and payable by the tenth of the
month following the month for which the service was provided. If not paid
on or before the due date, the Contractor or City shall assess a 10% penalty
for delinquency and collection expense.
F. S. chlather
Mayor
ATTEST:
Linda N. Ling /
CCity Secretary
iet/Z' (Contract:
Contract
Henry Gu ierrez, President
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