HomeMy WebLinkAboutOrdinance No. 19-017 amending the 2019 sanitation franchisesORDINANCE NO.19-017
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 entltles (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 of2019 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 ofloss 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 TEXASCIVILPRACTICE
&REMEDIESCODE,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&
REMEDIESCODEand 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 June 2019.
ATTEST:
LU~.&~~
CHRISTINE GREEN,CITY SECRETARY
CITYATTO Y
(rId;053019 TMI04607)
Company
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
ServAil Contractor Services
National Construction Rentals
Fieldcrest Services,DBA Redbox+of Dallas
EXHIBIT A
Address
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
1600 E.14thStreet,Plano,TX 75074
3600 Halifax Street,Dallas,TX 75247
508 W.Lookout Drive #14-60,Richardson,TX 75080