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HomeMy WebLinkAboutOrdinance 1235 ORDINANCE NO. 1235 AN ORDINANCE GRANTING A FRANCHISE TO GSX CORPORATION OF TEXAS FOR THE COLLECTION OF GARBAGE, TRASH, DEBRIS AND REFUSE WITHIN THE CORPORATE LIMITS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SETTING FORTH THE RATES TO BE CHARGED THEREFORE; PROVIDING A FRANCHISE FOR A PERIOD OF TEN YEARS WITH AN OPTION OF RENEWAL FOR ADDITIONAL PERIODS OF FIVE YEARS EACH: CERTAIN INSURANCE FOR THE PROTECTION OF THE GENERAL PUBLIC AND SAID CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. That a Franchise is hereby granted to GSX Corporation of Texas, hereinafter designated "Company", for the collection of garbage, trash, debris and refuse within the corporate limits of the City of North Richland Hills, Texas, and to the use of the streets, thoroughfares and alleys within the corporate limits of said City, subject to all of the requirements of Ordinance No. 489 known as the Garbage Disposal Ordinance of North Richland Hills. SECTION 2. Said Company shall furnish adequate equipment for the collection and disposal of such garbage, trash, debris and refuse, and shall provide service to any person, persons or corporation within the corporate limits of said City, who requests such service so long as the prescribed charges are paid by such person, persons or corporation when due. All such equipment, wherein such garbage, refuse, trash and debris is contained and hauled, shall be completely enclosed to prevent spillage thereof. SECTION 3. Said Company shall purchase and keep in full force and effect at all times liability insurance to the extent of $500,000 for injury to anyone person and $500,000 for anyone accident, and $500,000 property damage, and shall save and hold the said City harmless of and from any and all claims, causes of action, suits, demands and damages which are or may be asserted by any person or persons arising hereunder. In addition the Company will carry an additional $1,000,000 umbrella policy for the above categories. SECTION 4. Company shall make at least two collections per week in the residential areas except no collection will be made on the following holidays: Christmas, New Years, Thanksgiving, Fourth of July. ORDINANCE NO. Page 2 Company shall make collections in the commercial and residential areas and may charge such rates as he deems reasonable for such collections subject to the approval of the City Council. Rates approved will be part of this ordinance and will be attached to same. Rate increase requests cannot be considered until a period of two (2) years has expired from the last rate increase. Service at all city facilities shall be at no charge to the City. SECTION 5. Company shall service all complaints concerning the collection of garbage and shall maintain an office and telephone to service such complaints, and shall cause his employees to wear some identification tag that is recognizable by the customers. SECTION 6. The term of the Franchise shall be for a period of ten (10) years from the date of the passage and adoption hereof, and is not assignable without the prior approval of the City Council and may be renewed for successive terms of five (5) years each, by mutual agreement of the parties. SECTION 7. RESIDENTIAL SEMI-ANNUAL CLEANUP: On a semi-annual bases Company shall provide two-week curbside cleanup service. The exact dates for such service shall be designated by the mutual agreement of City's City Manager and Company. The purpose of such service is to provide a means for residential customers to dispose of accumulated household and yard trash (in accordnance with City's existing ordinances) which is not normally removed during Company's regular weekly service. For residential customers to avail themselves of the semi-annual cleanup service they must telephone Company during the designated cleanup weeks, or the week preceding such cleanup weeks, to request such service and to advise Company of the nature of the refuse to be removed. The volume of debris or refuse to be removed during the cleanup weeks shall be limited to a maximum of two hundred (200) cubic feet (four feet x five feet x ten feet) per household and shall be of such a nature that it can be lifted and loaded by two men. Concurrently with one of the semi-annual cleanup periods, Company shall provide a mechanical "chipper" service for the removal of tree limbs of a maximum diameter of five inches and a minimum diameter of one inch. Said tree limbs will be removed from the curbside without the necessity of being bundled or cut into four (4) foot lengths. Company shall provide free pickup for city facilities. Additionally, the Company shall provide free landfill disposal to City of North Richland Hills residential customers during a weekend period (Saturday and Sunday) four times each year during the term of this Contract, upon presentation by such customers of their water bill and drivers license. The exact dates of such free disposal shall be designated by the mutual agreement of City's City Manager and Company. City shall have free dumping privileges during the term of this contract. ORDINANCE NO. Page 3 Bi-weekly brush, tree limbs, and other large bulky items that are not commercial type garbage or trash will be picked up at the curb if it is secured in bundles not to exceed more than than three (3) foot diameter or square and four (4) feet long and 50 pounds. Hazzardous waste or materials prohibited by law will not be picked up except by special arrangements. If there is no one in a residence able to take the trash to the curb then the Company will give back or side door service at the curbside rate. However, a doctor's statement must be obtained stating the person or persons are handicapped or unable because of health reasons to take the trash to the curb. The Company shall not be required to pick up burning trash or liquid. Upon application of the Company, the City may from time to time make such regulations for the type of garbage and placing of cans as may be reasonable. SECTION 8. The granting of this permit by said City to said Company shall never be construed to be exclusive not to prohibit the granting of any other such permit or permits. SECTION 9. Garbage and/or trash cans shall be placed in a location behind the curb or if a customer has rear or side door pickup the placement is behind the front building line, front building line being defined as the front or most forward portion of the structure, but said cans must be accessible to the collector. Garbage or trash cans will not be placed within an enclosed garage. Cans may be kept within fenced yards where no condition exists to hinder or hamper the collection. Such condition or hindrance or hamperance includes, but is not limited to, dogs and inoperative gates. The Service Contractor or Company shall determine the existence of these conditions and may at his discretion require the cans be placed outside the fence with the approval of the Director of Public Works. SECTION lO. For the privilege of operating under this permit said Company agrees to pay to the City of North Richland Hills, Texas, an amount equal to 2% of the gross receipts from the collection of garbage, trash, rubbish and refuse within the corporate limits of the City of North Richland Hills, Texas, which amount shall be paid monthly to, or in the case of collection made by the City, retained by, the Finance Director. ORDINANCE NO. Page 4 SECTION 11. The City of North Rich1and Hills, accepts the responsibility for billing and collecting only residential garbage bills owed to the Company. If such option is executed and the City of North Richland Hills accepts the responsibility, then at the time of billing, or within fifteen (l5) days thereafter, the City of North Rich1and Hills will remit to the company its check in the amount of 88% of the collection. The l2% not remitted shall become the property of the City of North Richland Hills, (10% for billing and collection and 2% for franchise charge). Any billing that the City may do for the garbage service outside the city limits of North Richland Hills, the Company agrees to allow the City to retain 10% of the collection. SECTION 12. In the event of the breach by said Company of any of the terms and conditions herein contained or of the requirements of the "Garbage Ordinance of North Richland Hills", being Ordinance No. 489 of said City, the City of North Richland Hills, Texas, shall notify the Company of such breach, and if not cured within a period of fifteen (15) days from such notice, the City, at its option, may cancel this permit or cause the condition to be corrected, the cost of which shall be born by the Company. SECTION 13. That should any part, portion, section, clause or provision hereof for any reason be held invalid or unconstitutional, such holding shall not in any manner affect or invalidate the remaining parts, portions, sections, clauses and provisions hereof, but the same shall remain in full force and effect. SECTION 14. That this Ordinance shall become effective on the 1st day of August, 1985, following its passage and adoption. PASSED AND APPROVED ON THIS 10th day of JUNE ,1985. ~&M MAYOR ATTEST: ~ City Attorney ity Secretary APPROVED AND ACCEPTED GSX OF TE. XAS ~ 1~,~ 1985 BY:~~ ~iJl;] Manager