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OR 127 Grants a franchise to operate a garabage collection service within the city to H & J Disposal ORDINANCE NO. 127 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, GRANTING A FRANCHISE TO OPERATE A GARBAGE COLLECTION SERVICE WITHIN THE CITY TO H. & J. DISPOSAL; 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 acceptance of this franchise, the undersigned obligate them- selves to operate said Garbage Collection service at the pleasure of the City Council and 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 continue in effect until terminated by either party. Either party may terminate this fran- chise without cause by giving the other party 30 days written notice. Any rate change or amendment to this agreement shall be done by execution and passage of an amending ordinance. SECTION 3. Franchisee shall collect the garbage from each person paying the fee prescribed herein at least twice weekly 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 agreement 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. If Franchisee and the Commercial Customer can't agree on the fee to be charged, the amount will be set by the City Council. The term "commercial account," as used herein, shall mean any customer who on a regular basis accumulates for collection a greater quantity of garbage than is normally accumulated by the average residential customer. 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 Fran- chisee, 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 Agree- ment for the removal of dead animals, heavy accumulations of brick, broken concrete, lumber, dirt, plaster, sand, gravel, automobile parts and similar large metal objects. Also, Fran- chisee shall not be required to remove manure from cow lots, horse stables and poultry yards, etc. SECTION 6. The franchise granted herein shall not be trans- ferable to any other person, firm or corporation, except on writ- ten consent of the City Council. Franchise holder shall pay to the City a franchise tax fee of 2% of gross income collected from each customer. Payment shall be made to the City on a monthly basis. SECTION 7. The Franchisee shall maintain a record of all customers, the fees collected from such customers, and such re- cords shall be made available for inspection by representatives of the City at any and all times during the period of this fran- chise. SECTION 8. 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 i%s passage as the law in such cases provides. DULY PASSED by the City Collncil of the City of Coppell, Texas, on the ~ ~ ~ day of ~ ~/ , 1973. MAYOR ATTEST: CITY SECRETARY 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 the same and to perform the services provided for herein.