The URL can be used to link to this page

Home My WebLink AboutOrdinance 0499 ,- -IIIIII ORDINANCE NO. 499 '. AN ORDIl\ANCE GRANTING A FRANCHISE TO ESTES SERVICE COMPANY 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 THEREFOR; PROVIDING A Ffu\NCHISE FOR A PERIOD OF TWO YEARS AND EIGHT Ì''!ONTHS, WITH AN OPTION OF RENEWAL FOR ADDITIONAL PERIODS OF FIVE YEARS EACH: CERTAIN INSURANCE FOR THE PROTECTION OF THE GENERAL PUBLIC fu~D SAID CITY; REPEALING ORDINANCE NO. 352; CONTAINING A SAVINGS CLAUSE, AND PROVIDING fu~ EFFECTIVE DATE. ' . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. (. That a Franchise is hereby granted to Estes Service Company, hereinafter designated "Company", for the collection of garbage, trash, debris and refuse within the corporate limits of the Cìtyof 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 re- quirements of Ordinance No .489: known as the Garbage Dis- posal Ordinance of North Richland Hills. SECTION 2. , Said Company shall fu~nish adequate equipment for the collection and disposal of such garbage, trash, debris and refuse, and shallprovìde service to any person, persons or corporation :vithin the corporate limits of said City, who request 'such- service so long as the prescribed charges are paid by such person, persons or c·orporation ~~·hen due. All such equipmeqt, wherein such' garb~ge, refuse, trash and debris is contained and hauled, shall be completely enclosed to prevent spillage thereof. SECTION 3. . Said Company shall plnchasc and keep in full force a!1d affect 2-1 all times liability insurance to the extent of ~ . . I' , I . ...... ~ $50,000.00 for injury to anyone person and $100,000.00 for anyone accident, and $5,000.00 property damage, and shall save and hold the said City harmless of and from any and all claims, causes of action, suits, dClî1ancIs and damé!.gcs ,.¡hich are or nay be as serted by any person or persons aris ing hereunùer. . SECTION 4. Company shall make at least two collections per week in theresidêntial areas and shall be allowed ~o charge rates as established by the City Council. Company shall make collections in the commercial areas and may charge such rates as he deems reasonable for such collections subject to the approval of the City Còuncil. SECTION S. Company shall service all complaints concernin~ the . 0 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 isrecogn- izable by the customers. SECTION 6. The term of the Franchise shall be for a period of two years and eight months from. the date.of the passage and adoption hereof. and is not ass1gnable w1thout the pr10r . approval of the City Council and may be renewed for sUCcu~s1ve terms of five years each, by mutual agreement of the part1es. SECTION 7.' Extra charges may be made for the pickup of more than two cans of garbage from anyone residence, and Company shall not be required to pick up burning trash nor liquid. Upon applica~ion of the Company, the City may from time to time make such regulations for thc type of garbage and p~acing 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 no::- to """lIlIIII '.. .,. nrohibi t the prant of ~lIlr other such pCTf:li t or perr:1i ts 'and sh :111 no t <.:> be cons trued tIS making it nDnch tory tÌlél t any resi,-~~~llt cmploy said Company to per£oTi:1 such sCl"Jice> or in any manner prohibi ting any rcsiùcnt froiìl mak.ing appropriate indcpen<..1cnt disposition of any such garbage, trash, rubbish anJ refusc. 1 L SECTION 9. . " Garbage and/or trash cans shall be placed in'a location behind the front building lin~, front building line being defined as the front or most forward portion of the struc- ture, but said cans must be accessible to the collector. Garbage or trash cans will not be placeß within an enclosed garage. Cans may be kept within fenced yards where no con- "dition exists to hinder or hamper the collection. Such condition of hinderence or hamprance includes, but is not limited to, dogs and inoperative gates. The Service Con- tractor or Company shall determine the existence of these conditions and may at his discretion require that cans be placed outside the fence. ~ ... ~ . .' j i SECTION 10. ','. !'; t ' I With respect to collections made directly by it to the Company must provide at the end of each fiscal year an accounting of such gross receipts to substantiate the franchise paid to the city. SECTION 11. < ! 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 City Secretary, such payment to be made on or before the 25th of the succeeding month. l SECTION 12. The Citt of North Richland Hills does hereby reserve ~n option d~r~n¥ this fr~nc~ise; or an; renewal to atcept Lhe responslblllty for bllllng and collecting garbage bills owed to the Estes Service Company. ~ . L j /' ~ ! i . If such option is executed and the City of North Richland Hills accepts the responsibility, then at the time of billing, aT within fifteen (15) days thereafter, the City of North Richland Hills will remit the Estes S . C .'~ 1 1·, r 00n r h crVlce OIicpany l LS C Lec;: In tne amoun-t OI J ;" or t!~¿; collection. The 10% not remitted shall become the property of the City of North Richland Hills, (8% for billing and collection and 2% for franchise charge). _ Any billing that the city may do for garbage service. outside·ö£ the city limits of North Richlan¿ Hills, the city will reimburse Estes Service Company 92% of the total collections. SECTION 13. 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. 4q9 of said City, the City of North Richland Hills, Texas, shall notify the Company of such breach, and if not cured ,·¡ithin a period of fifteen (15) days from such notice,· the City, at its option,· may cancel this permit or cause the condition to corrected, the cost of ,,,hich -shall be borne by the Company. ../'... " SECTION 14. This Ordinance hereby repeals Ordinance No. 211. SECTION IS. That should any part, portion, section, clause of provision hereof for any reason be held invalid or uncon- stitutional, such holding shall not in any manner affect of invalidate the remaining parts, portions, sections, clauses and provisions hereof, but the same shall remain in full force and effect. SECTION 16. That this Ordinance shalL become effective on the 24thday of September_ , 1973.) follm'ring its passage and adoption . ~ _ PASSED AND ADOPTED on this< :Z4th clay of Sëptember- .) 19ï3. . ~ ~ r-- . 4~i/-dM£f7ý7~ ~RION L. MASSEY, MAYOR ATTEST: I ;' ¡( l/ 'J'" / / '1- I; /. ( / ..~. ('./7\(: ,_ ./ ! _ ~ ,/ CITY SECRETAR~ . APPROVED AS TO FORM AND LEGALITY: / ~.,;---- . ?--=> ,~~J;:.c:¿¿7~;?z I .TU1 TRUMAN, --eTI'Y ATTORNEY . ....... , , i,' ,.- I , City ofJ(8rth Richland Hills, Texas August 24, 1973 J. R. Hubbard ESTES SERVICE COMPANY P. O. Box 7085 Fort Worth, Texas 76111 Dear Buck: As previously discussed, the city is obtaining more sophisticated billing equipment in the Water Department. With this new equipment the city will have the capability of billing your garbage customers in the future. I anticipate that we will be in full operation with this billing some time in February or the first of March, 1974. I am proposing to the City Council an ordinance amending Ordinance 352 which is your franchise ordinance. I am changing the wording in Section 12 from the city paying 90 percent of the total billing to Estes Service Company to read that the city will pay 90 percent of total collections to Estes Service Company. Any billing that the city might do for garbage service outside of the City Limits of North Richland Hills the city would reimburse Estes Service Company 92 percent of the total collections. These collections by the city would be optional with the customer, and if they choose not to pay through the city then they would be allowed to pay Estes Service Company direct. If these changes are agreeable with you, please sign and return the original of this letter and retain a copy for your files. Sincerely, . Wl,~ ReD~ t1. E~ Riddle City Manager MER:dp I AGREE: /7/fl4tAII/i:/ (817) 2810041 /4101 MORGAN CIRC~E P.O BOX 13305 FORT WORTH, TEXAS 76118