HomeMy WebLinkAboutORD 17-049ORDINANCE NO. 17-049
ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID
WASTE COLLECTION AND TRANSPORTATION SERVICES TO 2S
ROLL -OFF SERVICE, LLC.
WHEREAS, 2S Roll -off Service, LLC (the "Company") has requested a franchise
to operate a solid waste collection and transportation service within the City of
Beaumont, Texas (the "City"); and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Grant of Authority
There is hereby granted by the City to 2S Roll -off Service, LLC the right and
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privilege to operate and maintain within the City a solid waste collection and
transportation service (the "service"). For purposes of this franchise, the term "solid
waste collection and transportation service" shall mean the business of collection,
hauling or transporting any garbage, rubbish, waste or refuse from locations in the City,
and the disposal of such material in accordance with law. The franchise granted herein
is nonexclusive, and franchises may be granted to other persons for service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty (60) days after
the final passage hereof as required by law and upon the filing by the Company of an
acceptance with the City Clerk, and shall continue in force and effect until one (1) year
thereafter. The acceptance required hereunder must be in writing and filed with the City
Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term
hereof, this franchise shall continue on a month-to-month basis until terminated by
either party or extended or replaced.
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The Company shall establish rates for service which are uniform as to customer
class based upon such criteria as type of waste, container size, frequency of collection,
and distance of travel. The Company shall file its initial rates for service with its
acceptance as required herein. Such rates shall, unless modified by the City, be
effective with the effective date of this franchise. Any modifications in rates by. the
Company shall first be filed with the City Clerk and City Attorney and shall be effective
thirty (30) days after such filing unless modified by City as provided herein. Nothing
herein shall prevent the Company from charging uniform rates which are less than the
rates filed with the City. The City shall have the right to establish rates charged by
Company for services performed hereunder, after notice and hearing. Rates
established by the City shall be sufficient to allow the Company an opportunity to earn a
reasonable return on its invested capital used in providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City, on or before the fifteenth (15th) day of each
month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for
service in the previous month as payment for the use of the City's streets, alleys and
rights-of-way. The payments herein provided do not relieve Company from the payment
of ad valorem taxes, special assessments, charges, or other fees applicable to the
public generally. City shall have the right, at any reasonable time, to audit the books
and records of the Company and the Company is hereby required to make such books
and records available at the request of City. Upon written acceptance, the Company
shall furnish to the City a listing of customers served, including customer name,
address, frequency of pick-up, size of container or type of service and charge for same.
The following reports shall be filed monthly with the City Manager or his designee along
with the street rental payment required herein:
1. Upon written request and within thirty (30) days of receipt,
the Company shall furnish to the City adequate reconciliation
of reported revenues which would include: a listing of names
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and addresses of all customers served, frequency of pick-up,
size of container or type of service and charge for same, and
date service was initiated and discontinued.
Section 5.
Indemnity, Insurance and Bond
The Company shall at all times during the effective period of this franchise, carry liability
insurance as provided herein. The Company covenants and agrees at all times to
indemnify and save harmless the City, its officers, agents, employees, and any member
of the public against any and all injuries, damages, claims, causes of action or loss of
compensation arising or resulting from Company's operations under this franchise,
whether or not such loss was caused by the negligence of the City, its agents, servants
or employees. Upon notice given Company by City, Company must defend at its own
expense, any action or suit brought against the City because of any work or other acts
done by the Company under the terms of this franchise. Counsel chosen by Company
to defend City must be satisfactory to City. Company will pay any final judgment which
might be obtained against City by reason of any work or acts done hereunder by
Company, its agents, servants or employees, and Company will pay all damages
occurring to any person or property, public or private, resulting from any fault or neglect
on its part or on the part of its agents or employees.
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of
insurance indicating workers' compensation coverage as
required by the State of Texas.
2) Automobile Liability Insurance
The Company shall carry, in its own name, a policy in
comprehensive form to insure the automobile liability of its
operation with limits of not less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence for bodily injury and, in
addition, not less than One Hundred Thousand Dollars
($100,000.00) property damage. This policy shall name City
as an additional insured and provide for thirty (30) days
notice to City prior to cancellation. A certificate of insurance
certifying such coverage shall be filed with the City Clerk
before the effective date of this franchise, and it shall be
maintained in force during the term of the franchise.
3) General Liability
The Company shall carry, in its own name, a comprehensive
liability insurance policy including contractual coverage for
operations other than automobile with limits of not less than
Five Hundred Thousand Dollars ($500,000.00) per
occurrence for bodily injury, and One Hundred Thousand
Dollars ($100,00.00) per occurrence for property damage.
The policy shall name the City as named insured and
provide for thirty (30) days notice to City prior to cancellation.
A certificate of insurance certifying such coverage shall be
filed with the City Clerk before the effective date of this
franchise and maintained in force during the term of the
franchise.
Section 6.
Compliance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all lawful
exercise of police power by the City and to such reasonable regulations as the City shall
hereafter by ordinance provide. In addition, the Company will observe all city, county,
state, and federal laws regulating the collection and disposal of solid waste.
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Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in
good order to render efficient service subject to the terms of this franchise. All vehicles,
containers, and equipment used for the collection and transportation of solid waste shall
be constructed, operated and maintained to prevent loss of liquid or solid waste material
and to minimize health and safety hazards to solid waste management personnel and
the public. Such vehicles, containers, and equipment used shall be maintained in a
clean, sanitary condition and free from odors at all times. All vehicles and equipment
shall comply with federal, state, and local regulations. Collection vehicles and all bulk,
commercial, and roll -off type containers shall be painted and numbered and shall have
the Company's name and telephone number painted in letters of a contrasting color.
Such containers may not be placed on any street or right-of-way within the City. All
collections shall be made directly from the premises of the customer and any emptied
containers returned directly to such premises.
Section 8.
Providing Services
The Company shall provide service to any person, firm, corporation, association
or entity inside the City of Beaumont who requests such service and is not delinquent in
the payment of collection charges due the Company.
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Section 9.
Office
The Company shall establish and maintain an office with telephone service and
shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day
except Saturday, Sunday and holidays.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty-
eight (48) hours, the City shall have the right to make temporary independent
arrangements for the purposes of continuing this necessary service to its residents in
order to provide or protect the public health and safety. If the interruption in service
mentioned herein continues for a period of seventy-two (72) hours, then the City shall
have the right to terminate the rights and privileges granted in this franchise.
Termination
In the event that any provision of this franchise is violated by the Company, the
City may serve written notice upon the Company of its intention to terminate this
franchise. The notice shall contain the reasons for such intention to terminate the
franchise. Unless within ten (10) days after mailing such notice by City to the Company,
such violation shall cease, or satisfactorily arrangements for correction be made by
Company, the City Council may, after a public hearing in which Company is provided an
opportunity to present evidence concerning such violation, declare the franchise
terminated and serve written notice upon the Company of the termination and the
termination of the franchise shall be effective upon the mailing of such notice.
Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without
the approval of City. A single transfer or a series of transfers of Company's stock which
constitute a transfer of a majority interest in Company is subject to the prior approval of
City
Section 13.
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Notices
Where written notices are provided for in this ordinance, same shall be sufficient
to notify Company when provided by certified mail to:
Impact Waste LLC
PO Box 20413
Beaumont, Texas 77720
Notice to City is sufficient if mailed by certified mail to:
City Manager
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Section 14.
If any section, sentence, clause, paragraph or phrase of this ordinance, other
than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not
affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid
for any reason, the ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall be in Jefferson County, Texas.
Section 16.
Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall
furnish to the City a list of all vehicles to be providing solid waste collection and disposal
service under this franchise. Such list shall include state license number, year, make,
model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid
City of Beaumont landfill permit will not be allowed to operate under this agreement nor
utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to
be in noncompliance with Section 7 of this franchise, the Company will be notified of its
violation and said equipment or vehicle shall be removed from service upon receipt of
written notification.
Failure to comply with this provision or to falsify the information concerning the
location of the service of the vehicle shall be a material breach of this franchise. Should
City decide not to terminate this franchise because of any violation of this Section,
Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles
for a period of sixty (60) days.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this
the 25th day of July, 2017.
The meeting at which
was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading
this the 1st day of August,
The meeting at which
- MMidr Bec'kv Ames _ -
was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this
the 12th day of September, 2017
- f yor Becky Am` s -
ACCEPTANCE:
2S Roll