HomeMy WebLinkAboutOrdinance No. 20-010 Sanitation Franchises UpdateORDINANCE NO.20-010
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,
GRANTING TO VARIOUS FRANCHISEES NAMED HEREIN,THEIR
SUCCESSORS AND ASSIGNS,THE RIGHT,PRIVILEGE,AND
FRANCHISE THROUGH THE END OF CALENDAR 2020 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 or continue 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;Now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK,TEXAS:
SECTION 1.That the City Council hereby grants or continues 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 end of calendar year of 2020 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 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 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 2nd day
of June 2020.
APPROVED:~
TbART,MAYOR
ATTEST:
CHRISTINE GREEN,CITY SECRETARY
CITY ATTORN
(rld;OS-20-2020;TMl12644)
Company
Bin There Dump That Dallas
Bubba Tugs Dumpster enta
Chern Can al as,LLC
DallaS eanlJp'(WV
DB Disposal Se .-ice
Fie Services,dba Redbox+
Fusion Waste &Recycling
Hart Ilro,hers
HD Waste and Recycling LLC
fo,.'aldonado iscount Waste
Moore '!;pOsa,Inc
National Construction Rentals
Serva I,
S &Waste Disposel
Trash Susterz,LLC
T .plett Waste SeJVices
'Waste 1anagement of Dal as
T m (0 post
EXHIBIT A
Address
3 36 E.IKnois Avenue,Da las,Texas 75216
9 4 Skil man,Ste 110·385,Dallas,Texas 75206
6475 Da las P ''r',#155,AddiS<},Texas 75001
4424 \,",'.Lovers Lane,Dallas,Texas 75209
2032lJ!it:a Drive,Da las,TeKas 75217
390 Leon Road,Ga a ,Texas 75041
3601 Pre5!O Rd,II:470,al as,x 75240
.:445Intersta,e 30,Suite 21,r",'esqlJite,Tem 75150
10631 CFHaVin Freeway,al as,exas 752 7
827 S.fv:ariboroug Alre,Da las,Texas 75 08
1720 Regal Row,#126,[lal as,exas 75235
3600 Halifax Street,Dallas,Texas 75247
600E.14thStreet,PanoTexas75074
4 7 Long Street,Balch Springs,Tem 75 80
8638 Labron Avenue,al as,Texas 75209
220BPeechlree Road,Mesquite,Texas 75180
520 E.Corpcra:e,Suite 00,LeWisville,Texas 75057
808 S Good Latimer Expy,Dallas 752 6
(OOt8(1 Person
ara m
Julia Adkiru
aura Owen,VP
Emery Yerington
EhzaJmo
Michael eagarde
ector He ndez
Jerry an
ianil Marlinez
Mi na \farado
Jonathon zano
ElIZabeth Danaher
MaJVin rip ett
TJGilmore
a fen Cia
Phone tlumber
97 .345.2722
21<1·935·8860
214·364·3961
21H54-()233
21'B09-9937
214·295-006
972-675·7767
214-660-0081
214-792·9 99
214-631-4400
214·357-4357
214-634·2091
21 -77Pr 2307
972-682·3717
469-569-8516
972-285-7 00
214·649-6076
214·302·8883