HomeMy WebLinkAboutOrdinance 17-026 amending the Sanitation Franchise Ordinance - Chem Can DallasORDINANCE NO. 17-026
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 CIT¥
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 PROJEC11S
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 ASSIGNMEN~
BY WRITTEN APPROVAL OF THE CITY; PROVIDING ~
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, various entities desire to provide for the collection, transpoJ ing, 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, priv~lege, and
franchise for the term specified in this ordinance to use the public streets, highways, and/or
thoroughfares with the City for the purpose of engaging in the collection, transpo~ting, 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 ofbrdinance
adoption through the calendar year of20 17 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 prerpises 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, ofthe City's Code
of Ordinances, regulating solid waste removal.
SECTION 2. That Company shall remit on the 15111 day of each month a street use fee of
seven (7%) percent ofthe gross receipts billed to contracted waste accounts for services rendered
under the provisions ofthis 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 noticb.
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 iharmless
City from all claims, demands, suits, judgments, costs or expenses, including expenses of ~itigation
and attorney's fees arising from any such loss or injury. Company agrees to carry insurance during
the entire term ofthis 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
& REME DI ES 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 &
REME DIES 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:
Pei· 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 gO:vernmental 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 r,erformance 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 ur less 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 ofthe City ofUniversity Park, Texas, on the 5th day
of September 20 17 .
APPRUZ ~ '
OLIN LANE, JR., MA Yfi/;
ATTEST:
CHRISTINE GREEN, CITY SECRETARY
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. 14'h 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
National Construction Rentals 3600 Halifax Street Dallas Texas 75247
Bin There Dump That Dallas 3136 E. Illinois Avenue Dallas Texas 75216
Fusion Waste and Recycling 13601 Preston Road, Suite E4 70 Dallas Texas 75240
Chern Can Dallas 34811 LBJ, Suite 3129 Dallas Texas 75241