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ORD 237 06/02/1977 • • ORDINANCE NO. 237 AN ORDINANCE GRANTING GUTIERREZ DISPOSAL AND MATERIALS, INC. A FRANCHISE TO OPERATE A GARBAGE COLLECTION SERVICE ._. IN THE CITY OF CIBOIO, TEXAS, AND PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH FRANCHISE SHALL RE EXERCISED. WHEREAS, the City of Cibolo, Texas, and was incorporated under the general law of the State of Texas; and WHEREAS, 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 franchise to provide for the satisfactory and efficient collection of garbage, weeds, and other refuse in order to maintain safe and sanitary conditions within said City; NOW, THEREFORE, RF IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO: 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 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 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) . L.. Liability. It is expressly understood and agreed by and between the City and Contractor that the Contractor shall indemify 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 the negligence on the part of said Contractor, its agents 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 $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 mandatory requirements: A. Equipment. All equipment, including motor vehicles and tracks necessary for the performance of this franchise shall, at the beginning of the period hereof, 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, 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 (1) • • • 4111 Contractor's name and telephone number painted in letters of a con- trasting 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 tele- phone 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 fol- lowing holidays: New Year's Day, Independence Day, Labor Day, Thanks- giving 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. 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 without approval by City. F. Disposal of Garbage and Refuse. Contractor shall have the responsibili- ty of the disposal of all refuse, garbage and weeds collected under. this agreement and all of said materials shall be disposed of in com- pliance with the laws of the State of Texas and/or the rules, regula- tions and standards established 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 property 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 (48) 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, small continue in force and effect for a term of three years effective June 2, 1977 . 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 writing to the other party to said contract, of the intention of said party to terminate his participation in said contract ninety (90) days in ad- vance of said proposed termination of contract. (2) • • 8. Non-transferability of Franchise Rights . The Contractor stall 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 the pre- scribed 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 sixty (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 served 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 can- cellation 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 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 of board or agent or employee of Contractor refuses to give testimony before 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., PO Box 77, Schertz, Texas 7815)4; and shall be sufficient to notify City if mailed by certified mail to City Secretary, City of Cibolo, P.O. Box 156, Cibolo, Texas 78108. 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. All Ordinances and afreements in conflict herewith are hereby repealed effective,_IJune 2, 1977 . PASSED AND APPROVED this 2nd day of June, 1977 . - - JO rot R. SIPPE +' cR ATTEST: / 67?)--71. or LIN:' N.--LING CITY SECRETARY 14. Acceptance: The above Ordinance Franchise is hereby accepted in all things by Contractor, of the City of Cibolo, this 2 day of 4,4,4) , 1977 . . P 'Y7 i1UT • •• —PRE! IDENT CONTRACTOR UTIERREZ DISPOSAL TERIALS, INC. (3) • • • • • 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 porperty 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: Rock, waste, scrap, building materials, or other trash resulting from construction or major remodeling; resulting from a general cleanup of vacant or improved property just rpior to its occupancy, or resulting from sizeable amounts of trees, brush and debris cleared from proper- ty in proparation fro construction, will 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 AMINALS: 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 ofexcessive- 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 (3) inches 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 . 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. RESI11 NTIAL: Class I - Residence, Single Family per month $ 3.35 Class II- Trailer Parks (2 or More) per unit $ 2.10 (based on number in park on the 15th of month.) Class III Apartments per unit $ 2 .10 Class IV- Motels per unit $ .85 B. COMMERCIAL Class V - Offices, Barber Shops, & Professional Service $ 3.60 ( 4) 411 IIP Class VI - Light retail/industrial (grocery store under 2000 sq. ft.) per month $ 5.10 Class VII - Medium retail/industrial garages (filling stations, drug stores, grocery stores (2000-)4000 sq. ft.) per month $ 8.35 Class VIII - Heavy retail/industrial per month $15.00 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 wright of the garbage and container shall not exceed one hundred (100) pounds. Containers shall be provided with suit- able lifting handle or handles on the outside and close fitting cover equipped with a handle. The container must not have any inside structures, such_-ase1 inside bands, and reinforcing angles or anything within the container to prevent the free discharge of the contents . Containers that have deteriorated, 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 T±mes Serviced Per Week 1 2 3 4 5 6 1 cu. yd. $12 .00 $19 .00 $28.00 $36.00 $44.00 $52 .00 2 cu. yd. $114.00 824.00 $31 .00 $144.00 $514.00 86)4.00 3 cu. yd. $18.00 $32 .00 $46.00 S60 .00 $71 .00 $83.00 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. ,4 ,/- 174/1" JOHNh . S PPEL ATTEST L , DAN. LING / CITY SECRETARY NRY GUT UZ!`I"E CONTRA.GTOR V PRESIDENT U (5)