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OR 207-A Waste Management, Inc. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 207A AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, GRANTING A NON- EXCLUSIVE FRANCHISE TO WASTE MANAGEMENT, INC. TO OPERATE AND MAIN- TAIN THE SERVICE OF GARBAGE AND TRASH COLLECTION OVER, UPON, ALONG AND ACROSS THE PRESENT AND FUTURE STREETS, ALLEYS, BRIDGES AND PUBLIC WAYS WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING REGULATIONS FOR THE OPERATION OF SAID SERVICE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Coppell, Texas, and Waste Management, Inc., have entered into sn agreement for the collection of garbage and trash within the corporate limits of the City, and WHEREAS, this ordinance shall serve to reduce to writing such a~reement and to grant to such corporation a franchise to operate such service within the corporate limits of the City. NOW, THEREFORE, BE IT ORDAINED by the City C~uncil of the c'itv of CoDpelf, Texas: 1. That the City of Coppe]l, Texas, hereinafter called "City" does hereby grant unto Waste Management, Inc., hereinafter called "grantee," a non-exclusive right and privilege to use the public streets, alleys, bridges and other public ways within the corporate limits of the City for the purpose of collection and disposal of "solid waste," including garbage, refuse, trash and other rubbish discarded sS such within the corporate limits of the City. Such garbage, refuse, trash and other rubbish hereinafter referred to as "solid waste." All abandoned solid waste which is collected and disposed of bv grantee under the provisions of this ordinance shall become t!~e property of grantee and to the extent that City may legally do so, City hereby grants to grantee title to 8]l such solid waste which grantee shah collect and dlsDose of nnder the provisions of this ordinance. Subject to approval of the City Council, grantee is further granted the right to construct and maintain fixtures within the City as may be necessary for the proper conduct of its business. Grantee agrees that it will collect and disBc~e of all solid waste accumulated on premises within the corporate limits of the City where a charge for such service is made by the City. City agrees to require aH residences and commercial establishments within the corporate limits of the City to make use of the so]id waste disposal services offered by the City either directly or under this franchise agreement. Grantee shall not be required under this franchise agreement to collect hazardous wastes. II. This agreement is to take effect and continue and remain in full force and effect for a period of ten (10) Tears, and such period shall commence thirty (301 davs after the passage of this ordinance and acceptance thereof by grantee. On the day following the end of the first contract year and on that date for each succeeding contract year, the term of this agreement shah be automatically extended for an additional one-year period so that the remaining balance of the term of this agreement shah remain ten (70) years. Should either party desire that said automatic one-year renewal and extension provision be terminated, such party may give the other written notice of snch termination thirty (30) days prior to the last day of any contract year. Such notice shah terminate the automatic one-year renewal provision, and this agreement shall remain in effect for the remainder of the ten-year term then outstanding. Ill. Grantee is authorized to charge reasonable rates for the service furnished under this agreement, it being understood and agreed between City and grantee that the following rates are reasonable under present conditions for one-family residential serv{ce: Twice weekly pick-up from the curb or side of City street, pub]it road in front, or public alley in rear of the Dick-up site. For single family residences the rate if $5.00 per month for twice weekly pick-up and the agreed month]~ rates as set out in Exhibit "A" attached hereto, for each commercial customer owning or running a business, or having a business office in the City of CopDell, Texas. Residential rates for items requiring special handling due to size, weight, type of material or p]aeement may be negotiated at 8ny time by the grantee and the generator prior to collection. Such rates shall be reasonable for the service furnished. If agreement cannot be reached between the grantee and the generator, the matter may be submitted to the City Administrator of the City of Coppel], Texas, for final arbitration. Regulation of residential containers: It shall be the responsibility of each residential dwelling unit to provide Oortable containers for the placement of all refuse. Such containers may consist of plastic or treated paper bags, galvanized iron, tin or other suitable metal or plastic cans with two (2) handles and a tight fitting cover with a handle for removal. The capacity shah be a minimum of twenty (20) gallons and not exceed thirty (30) gallons. Each residential dwelling until shall provide sufficient number of containers to accommodate the storage of all refuse produced from the dwelling unit. (The common fifty-five (55) gallon drum or similar type shall not be considered as a proper container, and will not be emptied). All containers shall be placed within five (5) feet of the property line or at the edge of the alley or street by resident. All containers shall be maintained in a good sanitary condition at all times by resident. All complaints shall be given prompt and courteous attention and in the case of alleged missed scheduled collections, the grantee shall investigate and if such allegations are verified, shall arrange for the collection of the refuse not collected within 24 hours after the complaint is received. The above rates may be adjusted at any time by agreement between the City and the grantee in the event of unusual changes in grantee's cost of doing business, such as fuel costs, revised laws, ordinances or regulations. Eequests by grantee for such rate adjustment shall not be unreasonably denied by the City. Increases in grantee's disposal rates shah be passed through in a timely manner. Grantee shall provide City with a list of grantee's commercial rates which shah be subject to the approval of City. Approval shall not be unreasonably denied by City. IV. The rates payable to the grantee for the second and subsequent years of the term hereof shall be adjusted upward or downward to reflect changes in the cost of doing business, as measured by fluctuations in the Consumer Price Index (CPD published 3 by the U. S. Department of Labor, Bureau of Labor Statistics for the area. At the start of the second year of the contract and every year thereafter, the rates shall be increased or decreased by a percentage amount eoua] to the net percentage change in the CPI computed as foRows: beginning with the first month of the seconc~ contract year, the net change shall be the difference between the said CPI for the last month of the first contract Veal Subsequent years of the contract shah be adjusted annua]l.V based upon the net change for the preceeding twelve (12) month contract period. The grantee agrees to comply with all of the existing laws of the Unite~ States and of this State and any further laws which may be enacted by the United States or this State, and agrees to eomp]y with the regulations of any regulator body or officer authorized to prescribe or enforce regulations pertaining to the operation of garbage disposal, it being expressly agreed that nothing in this franchise shall be construed in any manner to abridge the right of the City of Coppoll, Texas, to pass or enforce necessary police and health re~lations for the protection of the inhabitants of said City, and; FURTHERMORE, the grantee shall furnish good performance bond in the sum of ten thousand ($10,000.00) dollars, Dayable to the City of Coppell, Texas, to insure grantee's satisfactory performance of the conditions of this frsnebise and of the services to be performed by grantee pursuont to this franchise. It is specifically nnderstood and agreed that grantee will be responsible for disposing of all "solid waste" and other refuse collected by it from premises within the corporate limits of the City and will, for that purpose, sad at its own expense, furnish a landfill site, personnel and all equipment necessary to collect the "solid waste" described berein and will establish and maintain in an efficient and businesslike manner, such daily routes and special schedules as may be necessary to fulfill the refuse collection service recluirements contained in this franchise ordinance and regulations of the City as the same may be from time to time amended. Grantee may fulfill its obligation to "furnish" $ landfill site by either owning or operating its own site or obtaining rigbts to use a site owned and operated by others. The grantee further agrees to establish an office with a separate telephone listing, under the name of Waste Management, Inc. to tal~e and hand]e all complaints with regard to garbage and trash collection within the Citv of Coppe]l. This office shall be open from 8:00 A.M. to 5:00 P.M. Mondav through Friday. The grantee agrees to furnish brush and trash remoxral service at no extra cost to eligible customers upon rec~uest to grantee within a reasonable length of time. Said brush or trash must be placed at the USUal p]see of garbage Dick-up. Loose trash must be placed in a regular garbage reeeptie]e, not to exceed 30 gallons of eapacitv with proper lifting handles. Brush must be cut in five-foot lengths and securely tied in bundles not to weigh more than 50 pounds. Large objects which can be reasonably handled by two men and placed at the usual pick-up site shall be collected on the second pick-up of each week. Grantee shall provide for a special one week clean-up period twice per year. The exact dates for such service shal] be determined hy the mutual a~reement between City's City Administrator add grantee. The purpose of slmh service js to provide a means for residential customers to dispose of accumulated household and vard trash which is not normally removed during grantee's regular weeklv service. During these two periods, residents of the City of CopDell, Texas, will be allowed to duimD at the grantee's sanitary landfill which at the time of this agreement is located in Lewisvllle, Texas, free of charge, provided that thev have proof of residence and that the items to be disposed are those normally accepted at said landfill tno hazardous waste, etc.). It is understood that anyone hauling for hire will be charged the regular posted gate price no matter what the contents of the load. The grantee agrees that as the volume of ~'arbage increases at all commercial establishments, industrial establishments, and apartment complexes, the regular house- hold type garbage cans (if any) will be replaced by regular commercial type ~'arba~re containers. An establishment generating three cubic yards or more per week wi]] be required to obtain a commercial type container from the grantee. It is specifically understood and agreed that grantee will provide written route books of a type normal to the industry for use in the collection of refuse from all premises where containers are supOiled by grantee. A cony of each such route book currently in use by the grantor will be issued to Cit~ and updated monthly. City shall have the right to reouire changes in service to any premises in the event of nnsight]y or unsanitary conditions due to inadequate containers or number of pickups. Price shall be determined by number of containers and pickups per week. Hours of service shall be 7:00 A.M. to 7:00 P.M. for residential eo]leetion. Commercial collections for commercial areas adjacent to residential neighborhoods shall be 7:00 A.M. to 7:00 P.M. Grantee shall not be required to provide service OD Sundays and holidays, except for essential commercial customers such as hospitals. All other commercial customers scheduled on holidays will be picked up the following day. Holidays for the purposes of this contract shall be as follows: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. The service furnished hereunder to said City of Coppelf, Texas, and its inhabi- tants, shall be subject to such reasonable rules and re~dations as the City may make from time to time, subject to the reasonable approval of the Director of Health. The grantee may require reasonable security for the payment of bills, and may reouire from every customer a contractual right of ingress and egress from upnn the customer's property. City shall institute a $5.00 deposit for new resir~entia] customers to he included with the initial sewer and water hills. Such deposit shall be paid to ~rantee in the event of non-payment by any such new residential customers. City agrees to use its best efforts to collect billings from customers of ~rantee and to allow grantee to discontinue service to and institute collection procedures against any customer in arrears over thirty (30) days. However, City does not guarantee collection. Residential billing shall be conducted by the City of Coppell at the end of every month of service. Commercial billing shall be conducted by the City at the end of every month of service. Remittance of funds shall be made in accordance with this ordinance. Grantee shall maintain its trucks and containers in reasonabiy clean condition and in good repair considering the nat~lre of the service provided pursuant to this agreement. Grantee shalJ, if necessary, hand clean all spillage resulting from its collection activities. Spillage not resultin~ from collection or due to improper or inadequate containers shall either be picked up or reported to City. SDi]]a~e resuJtin~ from overfilled commercial containers may be picked up and charged to the customer at an additiona] rate reasonably approved by the City. Each customer will be responsible for the sanitation and deodorizing of his container. Grantee will exchange containers only when they become sanitary and odor intensive. This agreement, as we]] as the rights hereunder, may be assigned by the grantee herein, as we]] as all succeeding grantees at their option with the approval Of the Council, or the rights of such grantees or successors hereunder may be transferred under foreelc~sure proeeedipgs or judicial sale, or may be transferred from one holder to a third part,V by the operation or forfeiture clause of any agreement between such persons in which ease assignees shall succeed to all the riffhts, duties and liabilities of the grantee hereunder. In consideration for the granting of this franchise agreement, and all the rights, powers and privileges incident thereto and as street rental, and for b{l]ing service provided the grantee agrees to pay to the City fifteen percent (15%) of the gross income received from customers, such amount to be full pavment for the privilege of using and occupying the streets, highways, easements, alleys, parks and other public places in the City of Coppell, Texas. The payments so made shall be in lieu of any other tax, assessments or other charges, except ad valorera taxes as may be imposed upon any property within the City which may be owed by grantee. With respect to residential and commercial billing, payments of 85% of the amount collected month],V shall be remitted by the City to the grantee on or before the ]5th of the month following the month for which services to be rendered by grantee and each succeeding month thereafter for the duration of this agreement: said payments to be made on the basis of 85°/A of the total amount collected for garbage/trash service with ~5% of such amount collected to be retained by City in accordance with the provisions of this agreement. Customers, Citv and grantee shall meet in pre- conference on a monthly basis to determine the number of residential accounts to be added to and the number of residential accounts to be deleted from the billing process ss the basis for monthly billing. The grantee shah be responsible for the setions of his employees during the performance of service under this franchise agreement. It must assure the City that as representatives of the City the actions of all employees must be in the best interest of the City and its citizens. In the event the City determines that grantee has failed to observe the terms and restrictions of this ordinance, or, has failed to adequately supply garbage collection service within the City as is contemplated by this ordinance, written notice shah be given to grantee advising grantee of a public hearing at whieh time grantee shall be given the opportunity to show cause why this franchise ordinance aSPcement should not be terminated. If, after such public hearing, the City Council makes an additional finding that grantee is not providins adeCuate garbage collection service to the inhabitants of the City, the City Council may, at its sole discretion, terminate all rights and privileges under this franchise firant and thereafter all rights and obligations under this agreement shall be of no further force and effect. The performance of this agreement may be suspended and the obligations hereunder excused in the event and during the period that sued performance is prevented by a cause or causes beyond reasonable control of a party. Sued causes shah include, but not be limited to, acts of God, acts of war, riot, fire, explosion, accident, flood or sabotage, lack of adequate fuel, power or raw materials, judicial or governmental laws, regulations, reOuirements, orders, national defense reouirements, labor strike, lockout or injunction (provided that neither party shah be reOuired to settle a labor dispute against its own best judgmentS. Liability Insurance: The grantee shall provide and maintain durinS the life of the contract, pulbie liability and property damage insurance and umbrella coverage in the following amounts: Public Liability: $500,000 per person/S500,000 per accident per any one claim Umbrella Liability: $1,000,000 with a $25,000 deductible and/or base instwanee sued insurance to protect itself, its agents and employees from claims for damage for personal injury, including wrongful and accidental death and property damage which may arise from operations under the contract, whether such operations be performed by itself or its employees. The policy or policies shah name the City as additional insured and shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the City thirty (30~ days notice in writing. Grantor may reeuire that the limits stated heroin be raised in the event 1/ability of municipal governments is increased by amendment to Article 8252-~.~ Revised Civil Statutes of Texas, or any other state or federal leSal reeuirement. Grantee shall defend, indemnify and hold harmless the City and each of its officers, agents, servants and employees from any and all suits, actions, claims, ]oases or damages of any character and from all expenses ineir]enta] to the defense of such suits, actions or claims based upon or arising out of any injtlry, disease, sickness, or death of any person or persons, or anV damages to any property caused by any act or omission of the grantee or its officers, agents, servants, employees, or anyone else under grantee's direction and control, snd arlsin~ out of, oeeuring in connection with, resulting from, or caused by the performance or failure of performance of any work or services called for by this contract or from conditions created by the performance or non-performance of said work or service. This ordinance and agreement supercedes any contract which now exists or rosy have previously existed between the parties and repeals any existing ordinance in conflict with this ordinance. DULY PASSED by the City Council of the City of Coppe]], Texas, this 7 ' day of ! ~.~ ~,t.~ , ] 980, APPROVED: ATTEST: ITY TEXA~YO~.C~~TYD OP~ I.i .... · ACCEPTED: WASTE MA AGEM N BY: O ffl ee 9 WASTE MANAGEMENT, INC. 900 Jorie Blvd. Oak Brook, IL 60521 H & J Disposal Commercial Customer Bates Commercial Hand Collection $7.50 to $25.00 depending on volume of trash and placed on or off a public thoroughfare. When volume of band collection reaches three (,2) cubic yards or more per week, eontainerized service must be used. Commercial Containerized, Front-end 3 6 8 Frequency Cubic Yard Cubic Yard Cubic Yard 1 $28.00 $46.00 $52.00 2 46.00 72.15 87.75 3 60.90 100.15 123.25 4 77.25 129.70 159.20 5 94.25 155.85 194.70 6 111.55 183.75 230.,10 Commercial Containerized, Roll-off 20 Cubic Yard, 30 Cubic Yard, Open Tops $65.00 rental monthly per container, $3.25 per Cubic Yard 42 Cubic Yard enclosed compactor container, $110.00 rental monthly, $105.00 per load. Exhibit "A"