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HomeMy WebLinkAboutOrdinance 0352 ORDINANCE NO. 352 AN ORDINANCE 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 FRANCHISE FOR A PERIOD OF FIVE YEARS, WITH AN OPTION OF RENEWAL FOR ADDITIONAL PERIODS OF FIVE YEARS EACH: CER- TAIN INSURANCE FOR THE PROTECTION OF THE GEN- ERAL PUBLIC AND SAID CITY; REPEALING ORDINANCE NO. 211; CONTAINING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. 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 City of North Rìchland 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. 24 known as the Garbage Dis- posal 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 request 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 affect al all times liability insurance to the extent of $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, demands and damages which are or may be asserted by any person or persons arising hereunder. SECTION 4. Company shall make at least two collections per week in the residential areas and shall be allowed to 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 Council. 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 recogn- izable by the customers. SECTION 6. The term of the Franchise shall be for a period of five 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 years each. 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 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 nor to prohibit the grant of any other such permit or permits and shall not be construed as making it mandatory that any resident employ said Company to perform such service, or in any manner prohibiting any resident from making appropriate independent disposition of any such garbage, trash, rubbish and refuse. SECTION 9. Garbage and/or trash cans shall be placed in a location behind the front building line, 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 placed 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. SECTION lOt The Company must provide at the end of each fiscal year an accounting of gross receipts to substantiate the franchise paid to the City. SECTION II. 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 to the City Secretary monthly, such payment to be made on or before the 25th of the suc- ceeding month. SECTION 12. The City of North Richland Hills, does hereby reserve an option during this franchise or any renewal to accept the responsibility for billing and collecting garbage bills owed to the Estes Service 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 (15) days thereafter, the City of North Richland Hills will remit the Estes Service Company its check in the amount of 90% of the total billing. 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). 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. 24 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 borne by the Company. SECTION 14. This Ordinance hereby repeals Ordinance No. 211. SECTION 15. That should any part, portion, section, clause or provision hereof for any reason be held invalid or uncon- stitutional, 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 16. That this Ordinance shall become effective on the 14th day of June , 1971, following its pass- age and adoption, and declaring an emergency. PASSED AND ADOPTED on this 197I. 14th day of . MAY 0 R - City of North Richland Hills, e as June ATTEST: Æ /] ./fi:~~y -I: City of North Richland Hills, Texas (Se al) --------.---------.--'. ~.-..--,... ·~~·,-----~-·~--~~·~_--"~·_~_.__"W_.~~_,____~ LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRk~T Before me, the undersigned authority on this day personally appeare~leanor Lewis known to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper Mid Cities Daily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulatidtl -in the City/Town of H ur s t , for a period of more than one year next preceding the first publication of the attached Le&l:al Noti98 and that he caused said notice to be published in said newspaper on the following date/so 7/9/71 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid Cities Daily News û~/~ Sworn to and subscribed before me, this the~8ay of~, 19 Z!.. Public, Tarrant County, Texas OJ;U>JN~}~O.á4t... .' AN01U'>INANÇE. A~P1\ ItRt1LES.JŒGU~TÌON$( I,·. mES... AM> . . .PROC" ..' .... .li'OftTHlt·CtTY.- RTH. lUCHJ...4mr. ·HIL¡;a, . ......... ,WATaR ~.. ...' rN9~~; It~· AHP.APPRp~.).. tbfJZ8UuJay .qf J.. tfll. <'. ... MariCl1L. M~.. A'M'EST: Ma1Øl' -s- E\'alyn It. Huston City Secretary Me Legal No. _ Published 7·~7t .... . ~- ~'iì~~~1':':-:--:~ ___"'~_____"_._'__'_'_"__"_"_'_"____'~M..__.___·__.___~~._._.___~'__..__"_."___.____..__~".____.____""_"_--.--.. LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRAN'r Before m,e, the undersigned authority on this day personally appeared Ele anor Lewilnown to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper Mid Cities Daily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulatiotl -in the City/Town of H UJ;' s t , for a period of more than one year next preceding the first publication of the attached Legal Notice and that he caused said notice to be published in said newspaper on the following date/so 7/13/71 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said M; C! Ci t.; AR DJ:ti1y NAWR M~/~ Sworn to and subscribed before me, this the~ay of Au¡z... 19 1J.. County , ""fI' IIttI,.. ORDINANCE NO. 352 'AN ORDtNANCE GRANTING A FRANçmSE TQ ," ESTES ,SERVICE COMPANY FOR THE COLLECTION OF GAR· BAGE, TRASH, DEBRIS AND REFt1~EWITHItiTHE COR· PORATE LlMITSOF THE ,'~' CITY OF NORTH, RICHLAND HILLS, TEXAS:.SETTING FORTH THE RATES TO BE CHARGED . THEREFOR; i PROVID~G .A FRANCHISE FOR A,'PERIODOF FIVE YEARS,)VITJ{ AN "OPTION OF, ,RENEW Al~: FOR ADDI· TIONAL, PERIODS '. OF, FIVE YEARS ,EACH: CERTAIN INSURANCE ,FOR , THE PROTECTION' OF THE GEN· ERAL PUBLIC AND SAID CITY; REPEALINGORDI· NANCE NO. 211: CONTAIN· ING ~,SAVINGS CLAJ.JSE,' , AND PROVIDING AN EF· FECTIVE DA~,. AND ,[.)E. CLARlNG AN EMERGENCY. BE IT ORDAINED ¡¡Y'nI1!: CITY COUNCIL OF THEct'rY OF' NORTH RICHLAND HILLS, TEXAS: , , ' That ,thisOrdinaDQ~ shall be- come effective QD,&hel~ <1ft)' ofJune,I"l,followinli~ pas. sage and adoption, and declar· ing an emergency. ,', ' . PASSEDANP~TEI)" QQ this 14th day of Junè,lt'/l. ", " Marion L: M8JSéY ivlAYQJt City of North, Ri,chlaÎ1dØj~ , TeW.' ATTEST:' · ~~~ÅkY' , , C4ty Òf'NorthRlch1aad HQís, , Texas ' ' MC L.l)i(o. -K" Pu~NS-7t " ' ,..~. LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT: Before m~, the undersigned authority on this day personally appearectB:!leanor Lewisknown to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper Mid Cities Daily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulatiotl -in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Legal Notice and that he caused said notice to be published in said newspaper on the following date/so 6/27/71 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid Cities Daily News û~/~· Sworn to and subscribed before me, this th~nd day of July, 197L ........- bIle, Tarran t County, Texas ORDINANCE ,NO.352 AN ORDINANCE GRANTING A FRNCHISE" TO ESTES SERVICE COMPANY FOR THE COLLECTION OF GAR· BAGE, TRASH, DEBRIS AND REFUSE WITHIN THE COR. PORATE LIMITS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SETTING FORTH THE RATES TO BE CHARGED THEREFOR; I PROVIDING A FRANCHISE FOR A PERIOD OF FIVE YEARS, WITH AN OPTION OF, RENEWAL FOR ADbI- TIONAL PERIODS OF FIVE YEARS EACB: CERTAIN INSURANCE FOR THE PRECTION OF THE GENER- , AL PUBLIC AND SAID CITY: REPEALING ORDINANCE N6. 211; CONTAINING A SA VINQS, CLAUSE, AND PROVIDI~G AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. BE IT QlWAtNEb QY mm CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS; TEXAS: That this Ordinance shall be-- come effective on the 14th day of June, 1971, follOWing ìtspas- aage and adoption, and declar" ìng an emergency. ' PASSED AND ADOPTED' on this 14th day of June, 1971. -so MarionL. Massey MAYOR City of North Rich,hmd I;fills, Texas ATTEST: -s- Evalyn R. Huston CITY SECRETARY Cìtyof North Rìchland Hills, Texas Pub)ishedf:.a7-11 MC Legal No65~ ..