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HomeMy WebLinkAboutOrdinance No. 18-044 granting sanitation franchises for 2019ORDINANCE NO. 18-044 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, PORTABLE 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 specified in this ordinance to use the public streets, highways, and/or thoroughfares with the City for 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 entities (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 from the date of ordinance adoption through the calendar year of 2019 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 15th day of each month a street use fee of seven (7%) percent of the gross receipts billed to contracted waste accounts for services rendered under the provisions of this franchise 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 party 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 4th day of December 2018. APPROVED: OLIN LANE JR., MA OR ATTEST: CHRISTINE GREEN, CITY SECRETARY PROVED AS TO CITY ATTORNEY (rld;11-28-18; TM104607) e_ EXHIBIT A Company Address Bin There Dump That Dallas Bubba Tugs Dumpster Rental Chem Can Dallas, LLC DB Disposal Service Empire Disposal Fusion Waste & Recycling Hart Brothers Maldonado Discount Waste Moore Disposal, Inc S & H Waste Disposal TrashBusterz, LLC Triplett Waste Services Waste Management of Dallas 3136 E. Illinois Avenue, Dallas, Texas 75216 1914 Skillman, Ste 110-386, Dallas, Texas 75206 16475 Dallas Pkwy, #155, Addison, Texas 75001 2032 Utica Drive, Dallas, Texas 75217 5301 Sun Valley Dr., Fort Worth, Texas 76119 13601 Preston Road, #E470, Dallas, Texas 75240 4445 Interstate 30, Suite 21, Mesquite, Texas 75150 827 S. Marlborough Ave, Dallas, Texas 75208 1720 Regal Row, #126, Dallas, Texas 75235 11417 Long Street, Balch Springs, Texas 75180 8638 Labron Avenue, Dallas, Texas 75209 2208 Peachtree Road, Mesquite, Texas 75180 520 E. Corporate, Suite 100, Lewisville, Texas 75057 .