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HomeMy WebLinkAboutOrdinance 0211 Þ""" ~ ORDINANCE NO. 211 . AN ORDINANCE AMENDING AND SUPERCEDIID ORDINANCE NO. 42 GRANTING A PERMIT TO MR. J. ìv. ESTES OF ESTES SERVICE COMPANY FOR THE COLLECTION OF GARBAGE, TRASH, DEBRIS AND REFUSE 1VITHIN THE CORPORATE LIMITS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; SETTING FORTH THE RATES TO BE CHARGED THEREFOR; PROVIDING A PERMIT FOR A PERIOD OF FIVE YEARS, WITH AN OPTION OF RENEWAL FOR ADDITIONAL PERIODS OF FIVE YEARS EACH; PROVIDIID FOR A PERFORMANCE BOND; CERTAIN INSURANCE FOR THE PROTECTION OF THE GEN- ERAL PUBLIC AND SAID CITY; PROVIDING FOR THE PAYMENT OF GROSS RECEIPTS TAX TO SAID CITY; PROVIDIID GOVERNING POLICY; CONTAINIID A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE, AND DECLARIID AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: . Section 1. That a permit 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 Richland Hills, Texas, and to the use of the streets, thoroughfares and alleys within the corporate l~tts of said City, subject to all of the reql1irements of Ordinance No. 24 known as the Garbage Disposai Ordinance of North Richland Hills. Section 2. Said Company shall furnish adequate equipment for the col- lection and disposal of such garbage, trash, debris and refuse, and shall pro- vide 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 at 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 herelmder. Said Company shall furnish to the said City certificates of insurance showing such coverage. Section 4. Said Company shall make at least two collections per week in the residential areas and shall be allowed to charge a S11m not to exceed $2.50 per month for collections made in the residential areas and a S11m for commercial users not to exceed the rates as outlined in the attached Schedule A, which is an integral part of this ordinance, and subject to the right of the City Council to fix reasonable charges from time to time, and no charges shall be assessed or collected except as they are fixed and authorized by said Council. All future rate increases are subject to the prior approval of the City Council obtained in advance and subject to the right of the City Council to from time to time prescribe such rates as are deemed reasonable. Section 5. Said Company shall service all complaints concerning collection of garbage, and shall cause the employees to wear some appropriate identification tag that is recognjzable by the customers. Section 6. The term of the permit 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 of said City, and may, within the exclusive discretion of the City Council, be rene1.rJed for successive terms of five years each. . ~ -"':~ . @ ... ... f!t ¡@ .~ Lù UJ « W CL ~ :?.: ::::J æ o o C!) . (p1) ~ -' :1 Section 7. The collection and disposition of said garbage, trash, rubbish and refuse shall be at the sole cost and expense of said Company, and said Company shall make collection for said services so rendered and the City shall in nowise or manner be liable to said Company therefor. Section 8. Said Company shall furnish to said City and shall at all times during the existence of this permit keep in full force and effect a performance bond in the sum of at least $1,000.00 issued by some surety company authorized to do business in the State of Texas, and acceptable to the City Council of said City, guaranteeing the performance of this permit and that Company will abide by all ordinances, together with the conditions herein contained on the part of said Company to be kept and performed, and failure to furnish and keep in full force and effect said bond, shall automatically terminate this permit, and that failure to furnish said certificates of insurance in the amounts herein specified by said Company shall also automatically terminate this permit. Section 9. Said Company shall not haul said garbage, trash, rubbish and refuse in such manner that it will spill from its trucks and conveyances, but shall keep the same appropriately covered to prevent such spilling. In the event of the violation hereof, said City is hereby authorized to employ adequate and necessary help to collect and haul away any such spillage and charge said Company therefor. Such Company and the sureties on its bond shall be liable for such charge or charges, and the failure of said Company to remedy such condition upon due notice shall authorize the City Council to cancel this permit. Section 10. 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 manda- tory 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 11. Garbage and or trash cans shall be placed in a location behing 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 ','fill not be placed within an enclosed garage. Cans may be kept vrlthin fenced yard where no condition exists to hinder or hamper the collector. Such condition of hindrence or hamprance includes, but is not l~tted to, dogs and inoperative gates. The Service Contractor or Company shall deterrnine the existence of these conditions and may at his discretion require that cans be placed outside the fence. Section 12. The Company shall service D.ll complaint concerning the col- lection of garbage and/or trash and debris and shall !11..Üntain an office and telephone to service such complaints. Complaints shall be handled in the following m~ner: A. Customer first reports complaint to contractor - if no results forthcoming, B. Customer then reports to the City Manager - if no results are then forthcoming, C. Customer or the City Manager then reports the matter to a standing committee of the City Council appointed by the Mayor, each two years. Section 13. 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 14. 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 ...... ",.- . ~ '" lœ ;t ~; " "I: ·Y Z ... ... w en « w Q.. .,:t) ¿ ::J rv '"'- o o Cí:J .@ ~ f~ ~h I'M: ¡~~ '",(t'~ Z ~ LU ~ ® 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 succeeding month. Section 15. 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. 2l~ 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 cor- rected, the cost of which shall be borne by the Company. Section 16. 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 17. That this ordinance shall become effective on September 1st, 1968, following its passage and adoption, and declaring an emergency. PASSED AND AOOPTED on this 26th day of August , 1968. MAYO~X~ City of North Richland Hills, Texas Æ2- .~£ ,6f SECImTAIr(· - . ¡City of North Richland Hills, Texas ( Seal ) ~ I ì MID-CITIES DAILY Nßt1S Sunday, September 1, 1963 .~ JAr.. =......~ =.--.;: . i:..:....... ... <: IMG ..AM) ....~"... -. -mil.·:....... ~'. ~~" P~'::fIT·t~~~·l~OI1J ~~ ::r-eðm_ :íW , MR. J. W. ESTES OF shall furnish to said City and of which shall be borne by the ESTES SERVICE COMPA- shall at all times during the Company. NY FOR THE COLLEC- existence of this permit keep Section 16. That should any TION OF GARBAGE; in full force and effect a per- part, portion, section, clause . TRASH DEBRIS AND' RE- formance bond in the sum of or provision hereof for any FUSE' WITHIN THE at least $1,000.00 issued by reason be held invalid or un- CORPORATE LIMITS OF ~me surety ~omp~ny author- constitutional, such holding THE CITY OF NORTH lzed to do bus10ess 10 the State shall not in any manner affect RICHLAND HILLS TEXAS' of Texas, and acceptable to or' invalidate the remaining SETTING FORm THÈ the City Council of said City, partS, portions, section, RATES TO BE CHARGED guaranteeing the performancp clauses and provisions hereof, THEREFOR' J>ROVIDING of this permit and that Comp- but the same shall remain, in A PERMIT FOR A PERIOD any will abide by al~ ordi- full force and effect. OF FIVE YEARS, WITH AN nances, together with the con-' Section 17. That this ordi- i OPTION OF RENEWAL ditions herein contained on the Dance shall become effective FOR ADDITIONAL PER- part of said Company to be on September 1st, 1968, follow- IODS OF FIVE YEARS kept and performed, and fail- ing its passage and adoption, EACH; PROVIDING FOR A ure to furnish and keep in full and declaring an emergency. PERFORMANCE BOND' force and effect said bond, PASSED AND ADOPTED on CERTAIN INSURANCÉ shall automatically terminate this 26th day of August, 1968. FOR ,THE 'PROTECTION this permit, and that failure to os-Calvin F. Luper OF THE GENERAL ·furnish said certificates of MAYOR . PUBLIC AND SAID CITY; insurance in the amounts herein City of North Rich- PROVIDING FOR THE specified by said Company land Hills, Texas PAYMENT OF GROSS RE- shall also automatically ter· ATTEST: CEIPTS TAX TO SAID minate this permit. -s-Evalyn R. Reed CITY; PROVIDING GOV- "Section 9. _._~<1_ÇQ,JßINU1"y_ÇI·IT_ª~CRETARY ERNING PULICY";-CõÑ7"-sDaIf-ñõflïaül said garbage, City of Norlh'Rich~--- "n TAINING A SAVINGS trash, rubbish and refuse in land Hills, Texas CLAUSE, AND PROVIDING such manner that it will spill Legal MC 2802 AN EFFECTIVE DATE, from its trucks and convey-Publish: 9-1-68 AND DECLARING AN ances, but ~l keep the same L . EMERGENCY. appropriately covered to prev- BE IT ORDAINED BY THE ent such spilling. In the event CITY COUNCIL OF THE of the violation hereof, said CITY OF NORTH RICHLAND City is hereby authorized to HILLS, TEXAS: employ adequate and necessar- Section 1. That a permit is Y help to collect and haul hereby granted to Estes Serv- away any such spillage and ice ComPMY, hereinafter des- charge said Company therefor. ignated "Company", for the Such Company and the sure- collection of garbage, trash, ties on its bond shall be liable debris, and refuse within the for such charge or charges, corporate limits of the City of 'and the failure of said Compa. North Richland Hills, Texas, ny to remedy such' condition and to the use of the streets, upon due notice shall authorize thoroughfares, and alleys with- the City 'Council to 'cancel this in the corporate limits of said permit. City, subject to all of the re- Section 10. The granting of quirements of Ordinance No. this permit by said City to 24 known 'as the Garbage Dis- said Company shall never be posal Ordinance of North construed to 'be exclusive nor Richland Hills. to prohibit the grant· of any Section 2. Said Company other sUèh permit or permits shall furnisà adequate equip- and shall not be construed as ment for the collection and making it mandatory that any _ disposal of such garbage, resident employ said Company trash, debris and' refuse, and to perform such service, or in shall proYi~ serviee to any an~ manner prohibiting any person, persons òr corporation resIdent from making' ap-' within the corporate limits of propriate independent dis- said City, who request such position of any such garbage, se!"VÏ~e .so, !Of;Ig.as,t~ pres- tr!pI. ~1?tÎ!~ 1h9...~. cnbed ~~id by i" ~~~C¿~~ and or ,J. ' ".' J' ", ,'-.,;' '" ....',.;.'-':. , ). "..,,~ :.... - . ,'.."..