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HomeMy WebLinkAboutOrdinance 0042 ORD INANCE NO. 42 AN ORD INANCE GRANT ING A PERMIT TO MR. J. W. ESTES OF ESTES SERVICE COMPANY FOR THE COLLECTION OF GAR- BAGE, TRASH, DEBRIS AND REFUSE WITHIN THE CORPORATE LIMITS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; SETTING FORTH THE RATES TO BE CHARGED THEREFOR; PRO- VID ING A PERMIT FOR A PERIOD OF FIVE YEARS, WITH AN OPT ION OF RENEWAL FOR ADD IT IONAL PERIODS OF J'IVE YEARS EACH; PROVIDING FOR A PEID'ORMANCE BOND; CERTAIN IN- SURANCE FOR T HE PROTECT ION OF THE GENERAL PUBLIC AND SAID CrfY; PROVIDING FOR THE P.AY1dENT OF GROSS RECEIPTS TAX TO SAID CITY;, CONTAINING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS a Seotion 1. That a permit is hereby granted to Estes Servioe Com- pany, hereinatter designated "Company", for the oolleotion of garbage, trash, debris and refuse within the oorporate 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 Nol 24, known as The Garb~e Disposal Ordinanoe of North Richland Hills. Section 2. Said Company shall furnish ade1fUate equipment for the oollection 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 prescriyed charges are paid by such person, persoDS or corporation when due. All such equipment, wherein such garbage, refuse, trash and debris is oontained and hauled, shall be completely enclosed to prevent spillage thereof. Section 3. Said Company shall purohase and keep in full foroe and effeot at all times liability insurance to the extent of $50,000.00 for injury to anyone person and$lOO,OOO.OO for anyone acoident, and $5,000.00 proper,V,y damage, and shall save and hold the said City harmless of and from any and all olaims, causes of aotion, suits, demands and damages which are or may be asserted by any person or persons arising hereunder. Said Company shall furnish to the said City certifioates of insuranoe showing suoh coverage. Seotion 4. Said Company shall make at least two colleotions per week in the residential areas and shall be allowed to charge a sum not to ex- oeed .1.65 per month for colleotions made in the residential areas until otherwise presoribed, and subjeot to the right of the City Counoil to fix reasonable oharges from time to time, and no charges shall be assessed or colleoted exoept as they are fixed and authorized by said Council; and shall make oolleotions as neoessary in the oommercial areas and may oharge such rates as said Company deems reasonable for such oollections, subjeot to the prior approval of the City Counoil obta:lned in advance, and subjeot to the right of the City Council to from tine to time prescribe such rates as are deemed reasonable. Section 5. Said Company shall service all oompla:lnts ooncerning colleotion of garbage, and shall cause the employees to wear some appro- priate identification tag that is reoognizable by the customers. Seotion 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 assign- able without the prior approval of the City Counoil of said City, and may, within the exclusive discretion of the City Counoil, be renewed for success- ive terms of five years each. Seotion 7. The colleotion 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 oolleotion for said services so rendered and the City shall in nowise or manner be liable to said Company therefor. Seotion 8. Said Company shall furnish to said City and shall at all times during the existenoe of this permit keep in full foroe and effect a performance bond in the sum of at least .1,000.00 issued by some surety oompany authorized to do business in the State of Texas, and acceptable to the City Counoil of said City, guaranteeing the faithful performance of this permit and that Company will abide by all ordinances, together with the conditions herein oontained on the part of said Company to be kept and performed, and failure to furnish and keep in full foroe and effect said bond, shall automatically termina.te this permit, and that failure to furnish said oertifioates of insuranoe in the amounts herein speoified by said Compm y 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 vehicles upon the streets and highways, 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 oolleot and haul away any suop spillage and charge said CGmpany therefor. Said Company and the sureties on its bond shall be liable for suoh oharge -2- or charges, and the failure of said Campany to remedy such condition upon due notice shall authorize the City Council to canoel this permit. Section lO. The granting of this permit by said City to said Company shall never be consiirued to be exolusive nor to prohibit the grant of any other such permit or permits and shall not be construed as making it man- datory that any reaident employ said Company to perform suoh service, or in any manner prohibiting any resident from making appropriate independent disposition of any such garbage, trash, rubbish and refuse. Seotion ll. For the privilege of operating under this permit said Company agrees to pay to the City of North Riohland Hills, Texas, an anount equal to lO% of the gross receipts from the collection of gar8age, trash, rubbish and refu8e within the oorporate l~its of the City of North Ri.h~ lend Hills, Texas, whioh amount shall be paid to the City Seoretary monthly, suoh payment to be made on or before the 25th of the suooeeding month. .Seot ion 12. In the event of the breach by said Cømpan;y of any of the terms and conditions herein oontained or of the requirements of "The Garbage OrdiaanOe of North Riohlan.d Hills", being Ordinanoe No. 24 of said City, the City of North Riohland Hills, Texas, shall notify the Company of suoh breaoh, and if not cured within a period of fifteen (l5) days from such notice, the City, at its option, may oanoel this permit. Seotion l3. That should any part, portiolll., seotion, olause or pro- vision hereof for any reason be held invalid or unconstitutional, such holding shall not in my manner affeot or invalidate the remainmg parts, portions, seotions, olauses and provisions hereof, but the same shall re- main in full foroe and effeot. Seotion 14. That this ordinance shall become effective on Ootober 1st, 1958 following its passage and adoption. p' PASSED AND ADOPTED on this .1:!.. day of Sept., 1958. , 1/~ AA (.¡) htt.)",n/---º - MAYOR City of North Riohland Hills, Texas ATTEy~ City s.or~ City of North Riohland Hills, Texas -3-