HomeMy WebLinkAboutOrdinance 17-007 Amending the Sanitation Franchise Ordinance rev 2ORDINANCE NO. 17-007
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 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 ent1t1es (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 15th day of each month a street use fee of
seven (7%) percent of the gross receipts collected from 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 oflitigation
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 7th day
of March 2017.
ATTEST:
CHRISTINE GREEN, CITY SECRETARY
OVED~~
EXHIBIT A
Company Physical Address City State Zip
Moore Disposal 34811 LBJ Freeway, Suite 2110 Dallas Texas 75241
Waste Management 520 East Corporate, Suite 100 Lewisville Texas 75057
Triplett Waste Services 2208 Peachtree Road Balch Springs Texas 75180
Bubba Tuggs Corporation 5715 La Vista Dallas Texas 75235
ServAII 1600 E. 14th Street Plano Texas 75074
S&H Waste Disposal 11417 Long Street Balch Springs Texas 75180
Supreme Recycling 2019 Cartwright Dallas Texas 75212
Hart Brothers 4445 IH30, Suite 21 Mesquite Texas 75150
DB Disposal Services 2023 Utica Drive Dallas Texas 75217
HD Waste and Recycling 10631 CF Hawn Dallas Texas 75217
Empire Disposal 5301 Sun Valley Drive Fort Worth Texas 76119
Maldanado Discount Waste 827 Marlborough Ave Dallas Texas 75208