OR 94 Grants a franchise to operate a garabage collection service ORDINANCE NO. 94
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, GRANTING A
FRANCHISE TO OPERATE A GARBAGE COLLECTION SERVICE WITHIN THE CITY
TO H. & J. DISPOSAL; LIMITING SAID FRANCHISE TO A PERIOD OF ONE (1)
YEAR, AND PROVIDING FOR RENEWAL OF THE SAME; FIXING THE RATE TO BE
CHARGED FOR GARBAGE COLLECTION SERVICE UNDER SAID FRANCHISE;
REGULATING THE COLLECTION OF GARBAGE; PROVIDING FOR A FRANCHISE FEE;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That a Franchise Agreement is hereby granted to
the undersigned persons, doing business as H. & J. Disposal, of
Lewisville, Texas, to operate a Garbage Collection service within
the corporate limits of the City of Coppell, Texas. By the accept-
ance of this franchise, the undersigned obligate themselves to
operate said Garbage Collection service during the term of this
franchise for the benefit of all citizens residing within the
corporate limits of the City who pay the fees provided for herein.
SECTION 2. This franchise shall be for a period of one (1)
-- day of , 1972. Extension of
this Franchise Agreement for additional periods shall require
execution and passage of a new Franchise Agreement, and any rate
change or amendment to this agreement shall be done by execution
and passage of an amending ordinance. At least forty-five (45) days
prior to the expiration of this franchise, Franchisee shall give
written notice to the City Council stating whether or not he wishes
to enter into a new Franchise Agreement for an additional one-year
period.
SECTION 3. Franchisee shall collect the garbage from each
/
person paying the fee prescribed herein at least twice weekl~ during
the period of this Franchise Agreement, and such collection shall be
on a regular basis.
SECTION 4. Franchisee is authorized to bill and collect
from each noncommercial account a garbage collection fee of Two
Dollars and Fifty Cents ($2.50) per month. The amount to be billed
and collected from commercial accounts shall be determined by agree-
ment between Franchisee and said commercial account, based upon the
average quantity of garbage collected. Provided, however, Franchisee
shall make every effort to insure equal treatment in regard to all
commercial accounts, so that each commercial account shall be
charged the same price per unit of garbage collected.
The term "commercial account,"
any customer who on a regular basis
greater quantity of garbage than is
average residential customer.
as used herein, shall mean
accumulates for collection a
normally accumulated by the
metal objects. Also,
manure from cow lots,
SECTION 6. The
the City Council for
Council and upon ten
SECTION 7. The
ferable to any other
SECTION 5. Franchisee shall be required to collect only such
garbage and trash as is placed in standard garbage cans of twenty
to thirty (20 - 30) gallon capacity. All garbage cans shall be
placed on the curb line by a customer prior to the regular day of
collection. Brush shall be removed by Franchisee, provided the
same is cut into lengths not exceeding four (4) feet, bundled
and placed on the curb line. Franchisee shall not be responsible
under the terms of this Franchise Agreement for the removal of
dead animals, heavy accumulations of brick, broken concrete, lumber,
dirt, plaster, sand, gravel, automobile parts and similar large
Franchisee shall not be required to remove
horse stables and poultry yards, etc.
franchise granted herein may be cancelled by
good cause, after a hearing before the City
(10) days notice to the fra. nchise holder.
franchise granted herein shall not be trans-
person, firm or corporation, except on written
consent of the City Council.
Franchise holder shall pay to the City a franchise tax fee of
two (2) per cent (%) of gross income (collection fee) from each
· Ifthe franchise andthe commercial customer cannot reach an agreement
as to the feeto be charged, the fee will be determined by the City Council.
customer. Payment shall be made to the City on a monthly basis.
Default by Franchisee in making such payment shall be cause for
this franchise to be cancelled, upon written notice to Franchisee.
SECTION 8. The Franchisee shall maintain a record of all
customers, the fees collected from such customers, and such records
shall be made available for inspection by representatives of the
City at any and all times during the period of this franchise.
SECTION 9. The fact that the collection of garbage is
necessary in order to adequately protect the public safety and
welfare of the citizens of the City creates an urgency and an
emergency, and requires that this ordinance shall take effect from
and after its passage as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppe11,
Texas, on the ~ day of ~~~ , 1972.
ATTEST:
y
The undersigned, doing business as H. & J. Disposal, of
Lewisville, Texas, do hereby accept the provisions of the above
Franchise Ordinance and Agreement, and agree to be bound by
and to perform the services provided for herein.
APPROVED AS TO FOItM:
the same