HomeMy WebLinkAboutOrdinance No. 16-004 Granting 2016 Sanitation FranchisesORDINANCE NO. 16/004
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
GRANTING TO VARIOUS FRANCHISEES NAMED HEREIN, THEIR
SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AND
FRANCHISE FOR THE TERM OF ONE (1) YEAR TO USE THE PUBLIC
STREETS, HIGHWAYS, OR THOROUGHFARES WITHIN THE CITY
FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF
COLLECTING, TRANSPORTING, AND DISPOSING OF SOLID WASTE
USING COMMERCIAL STATIONARY COMPACTOR CONTAINERS,
DISCARDED TIRE CONTAINERS, PORT ABLE TOILETS, AND/OR
CONSTRUCTION ROLL-OFF CONTAINERS FROM COMMERCIAL
AND INDUSTRIAL PREMISES AND DEVELOPMENT PROJECTS
WITHIN THE CITY; PROVIDING A STREET USE FEE; PROVIDING
INSURANCE REQUIREMENTS; PROVIDING FOR CANCELLATION
UPON THIRTY (30) DAYS' WRITTEN NOTICE; PROVIDING FOR
DELAYS; PROVIDING FOR NOTICES; PROVIDING FOR
ASSIGNMENT BY WRITTEN APPROVAL OF THE CITY; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, various entities desire to provide for the collection, transporting, and
disposing of solid waste generated in the City using commercial stationary compactor containers,
discarded tire containers, portable toilets, and/or construction roll-off containers; and
WHEREAS, such entities have made application to the City requesting franchises be
granted permitting them the use of public streets, highways, and thoroughfares within the City of
University Park for the purposes of performing such services; and
WHEREAS, the City Council desires to grant to such entities the right, privilege, and
franchise for the term of one year to use the public streets, highways, and/or thoroughfares with
the City for the purpose of engaging in the collection, transporting, and disposing of solid waste
generated in the City using commercial stationary compactor containers, discarded tire
containers, portable toilets, and/or construction roll-off containers;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That the City Council hereby grants to the entitles (referred herein
collectively as "Company") named in Exhibit "A", attached hereto and made part hereof for all
purposes, their successors and assigns, the right, privilege and franchise for the term of one ( 1)
year to use the public streets, highways and/or thoroughfares within the City for the purpose of
engaging in the business of collection, transporting, and disposing of solid waste generated in the
City from commercial and industrial premises and development projects within the City using
commercial stationary compactor containers, discarded tire containers, portable toilets, and/or
construction roll-off containers. This Franchise shall include and incorporate by reference the
contents of Article 13.05, Division 3, of the City's Code of Ordinances, regulating solid waste
removal.
SECTION 2. That Company shall remit on the 151h day of each month a street use fee of
seven (7%) percent of the gross receipts billed to customers within the City limits of University
Park. City reserves the right to audit Company's records at any time with seven (7) days prior
notice.
SECTION 3. That Company shall assume the risk of loss or injury to property or
persons arising from any of its operations under this franchise and agrees to indemnify and hold
harmless City from all claims, demands, suits, judgments, costs or expenses, including expenses
of litigation and attorney's fees arising from any such loss or injury. Company agrees to carry
insurance during the entire term of this franchise as follows:
(a) Worker's compensation insurance covering all employees of such
franchisee engaged in any operation covered by this ordinance.
(b) Automobile and public liability insurance in amounts not less than those
established as maximum recovery limits under the TEXAS CIVIL PRACTICE
& REMEDIES CODE, or in accordance with any contract with the City,
whichever is higher.
Such policies of insurance shall be issued by companies authorized to conduct business in the
State of Texas, and shall name the City as an additional insured. Certificates evidencing such
insurance contracts shall be deposited with the City. The policy limits provided herein shall
change in accordance with the provisions for maximum liability under the TEXAS CIVIL
PRACTICE & REMEDIES CODE and the laws of the State of Texas relating to worker's
compensation insurance.
SECTION 4. That this franchise may be cancelled by either party, with or without
cause, at any time, upon thirty (30) days' notice in writing, delivered by registered mail or in
person. All written notices described herein shall be sent certified mail, postage prepaid, and
addressed as follows:
If to the City:
City Manager
City of University Park
3800 University Blvd.
University Park, Texas 75205
If to the Company:
Per application
SECTION 5. That in the event that either pruty is delayed or hindered in or prevented
from the performance of any required act by reason of strikes, lockouts, labor troubles, inability
to procure materials, failure of power, restrictive governmental laws or regulations, riots,
insurrections, war or other reason of a similar nature not the fault of the party delayed in
performing work or doing acts required under this ordinance, then performance of that act shall
be excused for the period of the delay and the period for the performance of that act shall be
extended for an equivalent period.
SECTION 6. That no assignment of this franchise shall be valid or binding unless the
assignment is in writing approved by the City of University Park.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same
shall not affect the validity of this ordinance as a whole, or any part or provision thereof other
than the part so decided to be invalid, illegal or unconstitutional.
SECTION 8. This ordinance shall take effect immediately from and after its passage, as
the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd
day ofFebruary 2016.
~T~
CITY ATTORNEY
(RLD)
CHRISTINE GREEN, CITY SECRETARY
EXHIBIT A
Company Physical Address City State Zip
Waste Management 520 E. Corporate, Suite 100 Lewisville Texas 75057
Triplett Waste Service 2208 Peachtree Road Balch Springs Texas 75180
Moore Disposal, Inc. 2128 Hawes Ave. Dallas Texas 75235
Hart Brothers Waste Removal 4445 Interstate 30, #21 Mesquite Texas 75150
Bubba Tugs Corporation 5715 La Vista Dallas Texas 75206
MMG Building & Construction 6212 Anglin Drive Forest Hills Texas 76119
Waste Partners Environmental 3324 Roy Orr Blvd. Grand Prairie Texas 75050
National Construction Rentals 3600 Halifax Street Dallas Texas 75247
S & H Waste Disposal 11417 Long Street Balch Springs Texas 75180
ServAII Contractor Services 1600 East 141h Street Plano Texas 75074
Progressive Waste Solutions 12150 Garland Road Dallas Texas 75218