HomeMy WebLinkAboutLANDFILL CONTRACTS
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LICENSE AGREEMENT BETWEEN
THE CITY OF DENTON AND
BARNETT DISPOSAL SERVICE
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I.
GRANT
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For and in consideration of compliance by Barnett Disposal Service,
hereinafter called the "LICENSEE", with the conditions set forth in
this Agreement, and the ordinances and regulations of the City
governing the collection of solid waste, the CITY hereby grants to
Robbie Susan Mills and James R. Mills, doing business as Barnett
Disposal Service, P. 0. Box 263, Argyle, Texas 76226 a license to
use the public streets, alleys and thoroughfares within the
corporate limits of the City for the purpose of engaging in the
business of collecting and disposing of garbage, trash, rubbish,
and solid waste from any person, as provided in Chapter 12 of the
Denton Code of Ordinances, Sec. 12-23 and Sec. 1[-24, from
locations within the corporate limits of the City.
II.
TERM
E The term of this Agreement shall be for a period commencing upon
the let day of January, 19900 and continuing through the 31st day
of Dercaber, 1990.
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III.
J NON-WAIVER OF POWERS
This Agreement shall not be taken or held to imply the relinquish-
ment or waiver by the CITY of its power to make other reasonable
requirements or regulations, and the CITY hereby expressly reserves
the right to make all regulations which may be necessary or proper
to secure in the most ample manner the safety, welfare and
accommodation of the public including, among other things, the
right to adopt and enforce regulations to protect and promote the
health and general welfare of the public from danger and
{ inconvenience in the management and operation of garbage and solid
waste collections, and to provide such service as is contemplated
by this Agreement.
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IV.
SCOPE AND NATURE OF OPERATION
It is expressly agroed and understood that the LICENSEE shall use
suitable containers to collect and deliver for disposal all garbage
and solid waste removed by said LICENSEE. LICENSEE shall, at its
own expense, furnish personnel and equipment to collect garbage and
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solid waste from customers.
in an efficient a LICENSEE will business-, establish a
special schedules ' ike manner such schedule and maintain
service s may be necessary to fulfill the routes
requiremen66 of accounts located within the Cityjid waste
RULES AND REGULATIONS
A. The City Manager
regulation, may impose all reanonable
as a
under this art
icle anddas i a on precedent to Issuing rules and
validity. The Cit condition aubse g a license
with regulations y Manager ma require 9uent to continuing
collection
s number governing the type of vehicle LICENSEE to
route °f Pickups
for
transporti per Week requi er in
, neth a
" red
disposal locations a ng said co
ection ~I
and regulations shall and identification of ' and appropriate
Council and shallbe subject to the a pr Such rules
! Licensee shall
com transmitted, to proval of the city
! receipt of the ply with such LICENSEE in Writing.
i rules and regulations rues witt.in ten
I . X101 days of
E B. LICENSEE may not discontinue
! industrial customer for service to a commercial nOnVa the container. LICENSEE mgr y tot without for
{ Code Enforcement Division u
Pon removal first re
notify the City of Denton
payment. of container for non_
i ~ C.
# LICENSE,B shall furnish CITY
solid waste a list of the
t the City on a locations of its
Purpose of updating inq the e City's quarterly basis for the
and to assist the Cit photometric
litter and debris violatCo$ Enforcement Division Information
LICENSEE shall in Orhandling
dinances.
than March 1 provide the CITY with City first listrnotalat r
1990.
D. LICENSEE shall arran
placed beside ge containers for timely collection of
collection. by contacting customer tlarge items
In
collection the event the customer ° authorize
Enforcement Divi SEE will notit does not authorize
notify the City of Denton Code
VI.
PAYMENTS
The LICSEE shall be responsible for billing accountn
collecting Payments from customers.
and
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VII,
In LZCENSE FEE
consideration of
LICENSES steal the license
director of financ® tO the CITY, at ranted the in Section I
Percent {8~) °f in lawful office the a hereof,
collection its 4ross money Of the United XeCutive
an aeriice andreceipts measured b States, eight
from y source fees revenues y the solid
collection derived from collected and waste
Denton, se the
rvice within the °Peration of other income
the
LICENSEE shall remit COrPOrat limits the t 0l id waste
collected duri (20th) da this license fee mont he City of
of co ng the y Of each month based uPon hiy on or j
~erciai or i Previous month. the before
subject to the ndustriol waste Revenues frox the revenues
(lo#) non- license tea u material which collection
recycled waste innaesa is rec there is greater thanycled is not
This cope container, ten Percent
Pensation shall be in theOlifa by any Other ordinance lieu of any other fees
Payment ohereof, but shall now el trainalter or charges
f Of ad valorem taxes not release enforced during
owns, fees for using the Cit
The books y, or levieds unto betevied# on Pr perty it
for and records
with i the )ction by the°CitICENSEE shall be o
terms Of this ii erase ager or his open t reasonable tines
Agreement. grass in accordance
VIII,
The LICENSEE VEHICLE IDENTIFICATION
operates shall provide
LICENSEE and the maket model Y with a list Of shall identif and body st l vehicles which it
the letters no smaller than six inches iclby Pl acing clearl vehicle.
applicant by nave, (6") on each y legible
vehicle identifying
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DISppSAL .
The LI OF SOLID WASTE
CITY CENSEE agrees to
CI at a sanitary larrdti se all solid waste
serves Ao be used by hetLICENSEE to des gnats 8y tcolecte helstata ottr xASe
greeIIent, at any time a specific landfill site
rag the term of this
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X.
TERMINATION
If at any time LICENSEE fails to perform any of tho terms or
conditions herein set forth, CITY may, after a hearing as described
herein, revoke and cancel the license given in Section I hereof and
this Agreement shall be null and void. The hearing prerequisite to
such revocation shall not be held until notice of such hearing has
been given to LICENSEE by registered or certified mail addressed to
LICENSEE at the address shown on the record of CITY, or personally
delivered to LICENSEE, and a period of at least ten (10) days has
elapsed since the mailing or delivery of such notice. The notice
shall specify the time and place of the hearing and shall include
the reasons for revocation of such license. The hearing shall be
conducted by the City Manager of the City and LICENSEE shall be
allowed to be present and given full opportunity to answer such
charges and allegations as are set out against him in the notice.
If, after the hearing is concluded, the City Manager shall
determine that the charges and allegations set forth in this notice
are affirmed by the facts presented by the hearing, the CITY may
revoke and cancel this agreement and the license, and the same
shall be null and void.
X1.
HOOKS AND RECORDS
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I The LICENSEE shall maintain a separate set of records in a form
sufficient to identify its revenues and expenses involved in
E collection and disposal of garbage and solid waste within the
corporate limits of the City of Denton which shall separate the
j ! accounting records of the Denton operation from its other
! operations.
The CITY may, at any time cause an ,audit, either formal or
informal, to be made of the portion of LICENSEE'S books and records
representing its Denton operation or any portion of any of its
other operations which may be allocated or charged to the Denton
operation. Any additional amount due CITY as a result of such
audit shall be paid within thirty (30) days following written
notice to LICENSEE from CITY.
XII.
INDEMNIFICATION) INSURANCE
The LICENSEE assumes risk of loss or injury to property or persons
arising from any of its operations under this Agreement, and agrees
to indernify and hold harmless the CITY from all claims, demands,
suits, judgments, costs or expenses, including expenses of
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litigation and attorneys fees, arising from any such loss or
injury. It is expressly understood that the foregoing provisions
shall not in any way limit the liability of the LICENSEE. The
LICENSEE agrees to carry insurance during the entire term of this
Agreement as follows:
a. Worker's Compensatior:insurance covering all employees of
the LICENSEE engaged in any operation covered by this
Agreement.
b. Automobile and Public Liability Insurance in amounts not
less than $500,000 per occurrence.
Such policies of insurance shall be issued by companies authorized
to conduct business in the State of Texas, and shall name CITY as
an additional insured and shall insure CITY in the same general
terms and to the same general effect as the foregoing Agreement of
LICENSEE to indemnify and hold harmless CITY, and certificates
evidencing such insurance contracts shall be der*sited with CITY.
XIII.
j ASSIGNMENT
f No assignment of this Agreement or any right occurring under it
shall be made in whole or in part by LICENSEE without the express
s written consent of CITY. in the event of any assignment, the
assignee shall assume the liability of LICENSEE hereunder.
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XIV.
BANKRUPTCY
j I # This Agreement shall terminate in the case of bankruptcy, voluntary
h or involuntary, or insolvency of the LICENSEE. In the case of
bankruptcy, such termination shall take effect on the day and at
U the time the bankruptcy is filed.
XV.
RIGHT TO REQUIRE PERFORMANCE
The failure of CITY at any time to require performance by LICENSEE
of any provisions hereof shall in no w;.y affect the rights of the
CITY thereafter to enforce the same. 7,;,/ waiver by the CITY of any
breach of any provisions hereof shalt -toc be taken or held to be a
waiver of any succeeding breach of such provision or as a waiver of
any provision itself.
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XVI.
MISCELLANEOUS
A. If any provision of this Agreement shall be declared illegal,
void or unenforceable, the other provisions shall not be
affected and shall remain in full force and effect.
B. The effective date of this Agreement shall be on January 1,
1990.
C. All notices given pursuant to this Agreement shall be deemed
sufficient, if given in writing and delivered on a business
I~ day during normal business hours, and deemed delivered on the
second business day after dispatch if sent by first class
mail, registered, return receipt requested, addressed as
fol~".ows:
CITY: LICENSEE:
City of Denton Barnett Disposal Service
City Manager Robbie Susan Mille
215 East McKinney P. O. Box 263
Denton, Texas 76201 Argyle, Texas 76226
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EXECUTED this &4pday of i kyelL , 1990.
CITY OF DENTON
ATTEST:
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y S retary Lloyd V. Harrell, City M nager
ATTEST: LICENSEE:
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n. By: ~8lclle~ti'
Robbie Susan Mille and James R.
Mille, doing business as,
Barnett Disposal Service
privhaul.3
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LICENSE AGREEMENT BETWEEN
THE CITY OF DENTON AND
BROWNING-FERRIS INDUSTRIES, INC.
I.
GRANT
For and in consideration of compliance by Browning-Ferris
Industries, Inc., hereafter called the "LICENSEI", with the
conditions set forth in this Agreement, and the ordinances and
regulations of the City governing the collection of solid waste,
the CITY hereby grants to Browning-Ferris Industries, Inc., a
company organized under the laws of Texas with its principal
offices at 450 E. Cleveland Road, Hutchins, Texas, 75141, a license
to use the public streets, alleys and thoroughfares within the
corporate limits of the City for the purpose of engaging in the
business of collecting and disposing of garbage, trash, rubbish,
and solid waste from any person, as provided in Chapter 12 of the
Denton Code of Ordinances, Sec. 12-23 and Sec. 12-24, from
locations within the corporate limits of the City.
II.
TERM
The term of this Agreement shall be for a period commencing upon
the 1st day of January, 1990, and continuing through the 31st day
of December, 1990.
III,
NON-WAIVER OF POWERS
This Agreement shall not be taken or held to imply the
{ relinquishment or waiver by the CITY of its power to make other
1~ /1 reasonable requirements or regulations, and the CITY hereby
expressly reserves the right to make all regulations which may be
necessary or proper to secure in the most ample manner the safety,
welfare and accommodation of the public including, among other
? things, the right to adopt and enforce regulations to protect and
promote the health and general welfare of the public from danger
and inconvenience in the management and operation of garbage and
solid waste collections, and to provide such service as is
! contemplated by this Agreement.
j IV.
SCOPE AND NATURE OF OPERATION
It is expressly agreed and understood that the LICENSEE shall use
suitable containers to collect and deliver for disposal all garbage
and solid waste removed by said LICENSEE. LICENSEE shall, at its
own expense, furnish personnel and equipment to collect garbage and
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solid waste from customers. LICENSEE will establish and maintain
in an efficient and business-like manner such scheduled routes and
special schedules as may be necessary to fulfill the solid waste
service requirements of accounts located within the City.
V.
RULES AND REGULATIONS
A. The City Manager may impose all reasonable rules and
regulations as a condition precedent to issuing a license
under this article and as a condition subsequent to continuing
validity. The City Manager may require LICENSEE to comply
with regulations governing the type of vehicle to be used in
collection, number of pickups per week required, method and
route for transporting said collection, appropriate disposal
locations and identification of trucks. Such rules and
. regulations shall be subject to the approval of the City
Council.
B. LICENSEE may not discontinue service to a commercial or
f`f industrial customer for non-payment without first removing
the container. LICENSEE agrees to notify the City of Denton
Code Enforcement Division upon removal of container for non-
payment.
C. LICENSEE shall furnish CITY a list of the locations of its
solid waste customers in the City at least once every three
l months for the purpose of updating the City's photometric
index information and to assist the City's Code Enforcement
Division in handling litter and debris violations of the City
Code of ordinances. LICENSEE shall provide the CITY with the
1111 first list not later than April 1, 1990.
+ D. LICENSEE shall arrange for timely collection of large items
placed beside containers by contacting customer to authorize
collection. in the event the customer does not authorize
collection, LICENSEE will notify the City of Denton Code
Enforcement Division.
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VI.
i PAYMENTS
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The LICENSEE shall be responsible for billing accounts and
collecting payments from customers.
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VII.
LICENSE FEE
In consideration of the license granted in Section I hereof,
LICENSEE shall pay to the CITY, at the office of the executive
director of finance, in lawful money of the United States, eight
percent (81) of its gross receipts measured by the solid waste
collection service fees and revenues collected and other income
from any source derived from the operation of the solid waste
collection service within the corporate limits of the City of
Denton. LICENSEE shall remit this license fee monthly on or before
the twentieth (20th) day of each month based upon the revenues
collected during the previous month. Revenues from the collection
of commercial or industrial waste material which is recycled is not
subject to the license fee unless there is greater than ten percent
(lot) non-recycled waste in a container.
This compensation shall be in lieu of any other fees or charges
imposed by any other ordinance now or hereinafter enforced during
the life hereof, but shall not release the LICENSEE from tho
payment of ad valorem taxes levied, or to be levied, on property it
owns, or fees for using the City's landfill.
VIII.
VENICLE IDENTIFICATION
The LICENSEE shall provide CITY with a list of vehicles which it
operates and the make, model and body style of each vehicle.
LICENSEE shall identify each vehicle by placing clearly legible
letters no smaller than six inches (6") on each vehicle identifying
E the applicant by name.
IX.
DISPOSAL OF SOLID WASTE
The LICENSEE agrees to dispose all solid waste collected within the
CITY at a sanitary landfill site approved by the State of Texas.
The CITY reserves the right to designate a specific landfill site
to be used by the LICENSEE at any time during the term of this
Agreement.
X.
TERMINATION
i If at any time LICENSEE fails to perform any of the terms or
conditions herein set forth, CITY may, after a hearing as described
herein, revoke and cancel the license given in Section I hereof and
this Agreement shall be null and void. The hearing prerequisite to
such revocation shall not be held until notice of such hearing has
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been given to LICENSEE by registered or certified mail addressed to
LICENSEE at the address shown on the recor,t of CITY, or personally
delivered to LICENSEE, and a period of at 'east ten (10) days has
elapsed since the mailing or delivery of such notice. The notice
shall specify the time and place of the hearing and shall include
the reasons for revocation of such license. The hearing shall be
conducted by the City Manager of the city and LICENSEE shall be
allowed to be present and given full opportunity to answer such
charges and allegations as are set out against him in the notice.
If, after the hearing is concluded, the City manager shall
determine that the charges and allegations set forth in this notice
are affirmed by the facts presented by the hearing, the CITY may
revoke and cancel this agreement and the license, and the same
shall be null and void.
XI.
BOOKS AND RECORDS
The books and records of LICENSEE shall be open at reasonable times
for inspection by the City Manager or his designee in accordance
with the terms of this license Agreement.
The LICENSEE shall maintain a separate set of records in a form
sufficient to identify its revenues and expenses involved in
collection and disposal of garbage and solid waste within the
corporate limits of the City of Denton which shall separate the
E accounting records of the Denton operation from its other
operations.
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The CITY may, at any time cause an audit, either formal or
' informal, to be made of the portion of LICENSEE'S books and records
representing its Denton operation or any portion of any of its
other operations which may be allocated or charged to the Denton
operation. Any additional amount due CITY as a result of such
audit shall be paid within thirty (30) days following written
notice to LICENSEE from CITY.
XII.
INDEMNIFICATION; INSURANCE
The LICENSEE assumes risk of loss or injury to property or perso.zs
arising from any of its operations under this Agreement, and agrees
to indemnify and hold harmless the CITY from all claims, demandu,
suits, judgments, costs or expenses, including expenses of
litigation and attorneys fees, arising from any such loss or
{ it is
anypwayslimitd the liabithat lityh of foregoing thee LI ENSEEisiThe
i LICENSEE agrees to carry insurance during the entire term of this
j Agreement as follows:
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a, worker's Compensatied in uany coperation coveredlbj this
the LICENSEE engag
Agreement.
b. lessmthaneS1,000,000e Oiperl occurrence ce in amounts not
Such policies of insurance shall be issued by companies authorized
to conduct business in the State of Texas, and shall name CITY as
an additional insured and shall insure CITY in the sane general
terms and to the sane general effect as the fore9 and certificates
LICENSEE to indeanify and hold harmless CITY,
e~idencinq such insurance contracts shall be deposited with CITY.
XIII.
ASSIGNMENT
No assignment of this Agreement or any right occurring undeYeBS
art by LICENSEE without the exp
e or in p t the
shall be made in whol assignmen ,
assignee shall assumeithe liability of LICENSEE hereunder.
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XIV.
BANKRUPTCY
i~ t voluntary
This Agreement shall terminate lof theaLICENSEE. ~In~he case of
j or involuntary, or insolvency and at
bankruptcy, such tertmcnaig°filedll take effect on the day
i the time the bankrup Y
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RIGHT TO RE4UI~ PERFORMANCE
The failure of CITY at any time to require performance by LICENSEE
~ visions hereof shall in no way affec= b h the CITY of any
~ of any pro waive y
CITY thereafter to enforce the same. AnY
breach of any provisions ~ each of such provision or as alwaivereof
U waiver of any succeeding
a;~y provision itEelf.
k XVI.
~ KISCELLA2IEOUS
A. If any provision of this Agreement shall be declared illegal,
~ void or unenforceable, the other provisions shall not be
affected and shall remain in full force and effect.
B, The effect!.ve date of this Agreement shall be on January 1,
~ 199Q.
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C. All notices given pursuant to this Agreement shall be deemed
sufficient, if given in writing and delivered on a business
day during normal business hours, and deemed delivered on the
second business day after dispatch if sent by first class
mail, registered, return receipt requested, addressed as
follows:
CITY: LICENSEE:
City of Denton Browning-Ferris Industries, Inc.
City Manager Lee Solheid, District manager
215 East McKinney P. 0. Box 679
Denton, Texas 76201 Hutch , Texas 75141
EXECUTED this day Of
1990.
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ATTEST: CITY OF DENTON
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Ci Secr tary YL10Y Harrell, Cit Manager
A T: LICENSEE:
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Lee olheid, District ?tanager
j Browning-Ferris Industries, Inc.
privhaul.4
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STATE OF TEXAS 4 SANITARY LAWFILL USE AGREEtENT
COUNTY OF DENTON 4
Denton County, Texas, a Home Rule Clty,
yk{E,RF1+5, the City of Denton,
hereinafter referred to as "Owner," is the owner and Operator of a sanitary
landfill situated in Denton County, knoal as the Denton Knlclpal Landfill,
hereinafter referred to as "Landfill., 11 which landfill site has been duly
permitted by the State
Denton Ixas; de t School District hereinafter
WHEREAS,
referred to as "User," desires to contract with the Owner for the use of the
Landfill for the disposing of its refuse; and
the Owner is willing to contract with the User to make the
yrFtER THEREFORE,
i~ Landfill available for disposal of Its refuse; NOW, WITNESSETH'
's
1, Use of Landfill. For the duration of the 1989 year and beginning on t
ending on the
I 1st day of October 1990 unless sooner
=
f S~,rertber -
j tae -ted day as o hereinafter provided, the 0-m' wr shall permit the User
its Landfill for the dumping of the User s
Owne
~ to utilize the ,
refuse.
The User shall pay to the goner a monthly charge based the price
i 2, h of
j cortmercial garbage and 52.82 per cubic yard or
resltlential and ted residential and corrmerclal garbage
511.24 per ton for uncompac r ton for rubbish (trash) {
and 52.81 per cubic Yardrr 21~ pill the User on or about
in the
The Owne
I dumped at the Landfill. of a month where
Oar
wing the end the
t the first day of each month follo The
User dumped refuse on the Landfill. User shall pay
even `
In the at its
within ten (IO) days of receiptof the ~rges,Y bill.
O wner,
the User fails to timely Day the t giving the User ten (10) +
discretion, may terminate this contract by 9 +
days' written notice. Is defined as 1i
j For purposes of this agreement, "residential garbage
except plant clippings,
3 shall consist of all nonrmashousetaa raps other than cans, large
7 leaves, tree trirrmings, remodeling debris and other j
accumulations of boxes, demolition and
that cannot be broken den to fit in regular garbage
material
rclat garbage" is defined as all waste normally
containers; "comma except plant clippings,
generated by each individual es~ablfsYrrtent,
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1W1/103089005/1
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leaves, tree trimmings, ashes, demolition and remodeling debris and
other material that cannot be broken dorm to fit in regular garbage
containers, and "rubbish (trash)" is hereby defined as all waste and
refuse material that is not either residential or cun, rcial
garbage.
Notwithstanding the foregoing definitions neither residential nor
carmercial garbage shall include any form of asbestos or any other
hazardous waste.
4. All of the User's vehicles shall carry readily ascertainable
Identification that Is satisfactory to Omer. User must submit the
form of Identification to be used along with all vehicle license
plate numbers.
5, The Owner shall construct and continually maintain an all-weather
road maintalned in a good, smooth condition from the public road
through the Landflll to the dumping area.
6. User shall comply wl-L~ all rules of operation established L)y Owner
` that are applicable to all users of the Landf111 site. Failure to
comply with such rules may result in the User being denied use of
the Landfill. A copy of the rules are attached and Incorporated
herein by reference. Said rules are subject to change without
notice.
1 User estimates that the amount of monthly refuse to be deposited at
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the site to be 1000 cubic yards.
7. All use of the Landfill is subject to applicable City, County,
State, and Federal ordinances, laws, and regulations dealing with
the operation and use of a sanitary landfill site,
8. User may not sub-contract nor assign any rights granted pursuant to
1 this agreement.
I! 9. Either party may cancel this agreement upon giving ten (10) days
written notice to the other party, notice to be sent by certified
mail, return receipt requested, with postage and revistratlon fees
prepaid: I
CITY USER
Lloyd V. Harrell Denton Independent School District
City Manager Service Center
215 E. McKinney 909 Linden
Denton, Texas 76201 Denton, Tx 76201
Notices shall be deemed to have been received on the date of receipt
(I as shorn on the return receipt.
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IW1/103089005/2
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EXECUTED this the day of
CITY OF DENTON, TEXAS
BY:
I~ L D HARRELL
I C I TY MV44GER cow'
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ATTEST:
I RS, CITY SECRETARY
j C OF DTEXAS
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APPROVED AS TO LEGAL FORM:
j DEBRA ADAM] DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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USER
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BY : .L 'Q .7'~ - 1
Gilbert Bernstein
Assistant Superintendent/Business Affairs I
Denton ISD
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iwi/103089005/3
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STATE OF TEAS 4 SANITARY LANDFILL USE AGREEMENT
COUNTY OF DEiJTON 4
WHEREAS,. the City of Denton, Denton County, Texas, a Home Rule City,
hereinafter referred to as 'X>i er," is the Owner and Operator of a sanitary
landfill situated In Denton Canty, known as the Denton Nknlclpal Landfill,
hereinafter referred to as "Landfiil," which landflll site has been duly
permitted by the State of Texas; and hereinafter
%KREAS, Denton State School
referred to as "User," desires to contract with the Owner for the use of the
Landfill for the disposing of its refuse) and
WHEREAS, the Owner is willing to contract with the User to make the
THEREFORE,
Landfill available for disposal of its refuses NOW,
W I TNESSM:
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I{{ 1. Use of Landfill. For the duration of the year beginning on the
1st daY of October 1989 and ending on the
i 30th day of September 199_0 unless sooner
terminated as hereinafter provided, the Owner shall permit t he se es
to utilize the Owner's Landfill for the dumping
refuse.
2. The User shall pay to the Owner a monthly charge based on the price 1
of $2.81 per cubic yard or $11.24 per ton for coapacted
residential and commercial garbage and $2.81 per cubit yard or
$11.24 per ton for uncompacted residential and commercial garbage
and 52.81 per cubic yard o• $11.24 per ton for rubbish (trash) f
dumped at the Landfill. The Owner shale bill the User on or about t
U the first day of each month following the end of a month wherein the ;
User durped refuse on the Landfill. The User shall pay the Owner
within ten (10) days of receipt the monthly bthe ill. AIn he rt at vets
the User falls to timely pay the giving the User ten (Its
} discretion, may terminate this contract by g
i days' written notice.
3. For purposes of this agreement, "residential garbage" is defined as
shall consist of all normal household waste, except plant clippings, i
leaves, tree trlmnings, ashes, metal scraps other than can3, large
accumulations of boxes, demolition and remodeling debris and other
material that cannot be broken down to fit In regular garbage j
containers; "commercial garbage" Is defined as all waste normally
generated by each Individual establlsMnent, except plant clippings,
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leaves, tree trirrmings, ashes, demolition and remodalIng debris and
other material that cannot be broken down to fit in regular garbage
containers, and "rubbish (trash)" is hereby defined as all waste and
refuse material ;hat Is nOL either residential or commercial
garbage.
Notwithstanding the foregoing definitions neither residential nor
commerclal garbage shall Include any form of asbestos or any other
hazardous waste.
4. All of the User's vehicles shall carry readily ascertainable
Identification that is satisfactory to Owner. User must submit the
form of identification to be used along with all vehicle license
plate numbers.
5. The Owner shall construct and continually maintain an ail-weather
road maintained In a good, smooth condition from the public road
through the Landfill to the dumping area.
6. User shall comply with all rules of operation established by Owner
that are applicable to all users of the Landfill site. Failure to
comply with such rules may result in the User being denied use of
the Landfill. A copy of the rules are attached and incorporated
herein by reference. Said rules are subject to change without
I notice.
User estimates that the amount of monthly refuse to be deposited at
the site to be 50 cubic yards,
~ i
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7. All use of the Landfill Is subject to applicable City, County,
State, and Federal ordinances, laws, and regulations dealing with
the operation and use of a sanitary landfill site.
I
8. User may not sub-contract nor assign any rights granted pursuant to
j this agreement. !
9. Either party may cancel this agreement upon giving ten (10) days
written notice to the other party, notice to be sent by certified
mail, return receipt requested, with postage and registration fees
prepaid:
j CITY USER
ii Lloyd V. Harrell Business Manager
I City Manager Denton State School
215 E. McKinney P. 0. Box 368
Denton, Texas 76201 Denton, TX 76202-0368
Notices shall be deemed to have been received on the date of receipt
as shown on the return receipt.
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1w1/103089005/2
L
EXECUTED this the 9th day of November 19 89
CITY OF DENT 7j TEXAS /
BY: I
I LL . HARR LL
C I TY MAINAGER
i
ATTEST:
t
1 I
.tFMFEk'WWt5RS, CITY SECRETARY
C OF of ai, TEXAS
APPROVED AS To LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY( OF DENTON, TEXAS
By.
USER Denton State School)
f BY : ' G
~ L. ? , , Bu pager
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1Vf1 / 103089005/ 3
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STATE OF TEXAS ;
SANITARY LANDFILL USE AGREEMENT
COUNTY OF DENTON ¢
WHEREAS, the City of Denton, Denton County, Texas, a Home Rule City,
hereinafter referred to as "Owner," Is the Owner and Operator of a sanitary
landfill situated In Denton County, known as the Denton Municipal Landfill,
hereinafter referred to as "Landfill," which landfill site has been duly
f
permitted by the State of Texas; and
WHEREAS, 641jeRrN LV, nn
( eo hereinafter
referred to as "User," desires to contract with the Owner for the use of the
Landfill for the disposing of Its refuse; and
r WHEREAS, the Owner is willing to contract with the User to make the
Landfill available for disposal of Its refuse; NOW, THEREFORE,
{
i
I WITNESSETH:
i 1. Use of Landfill. For the duration of the year beginning on the
j 1st day of October 1989, and ending on the
II 30th day of September 1990 unless sooner
terminated as hereinafter provided, the Owner shall permit the User
to utilize the Owner's Landfill for the dumping of the User's
refuse.
I ~
1 2. The User shall pay to the Caner a monthly charge based on the price
J of $2.81 per cubic yama or $11.24 per ton for compacted
1 residential and commercial garbage and S2.81 per cubic yard or
f $11.24 per ton for uncompacted residential and comrmercial garbage t 1
II and-2.81 per cubic yard or $11.24 per ton for rubbish (trash)
dumped at the Landfill. The Owner shall hl II the User an or about
the first day of each month following the end of a month wherein the !
User dumped refuse on the Landfill. The User "II pay the Owner
within ten (10) days of receipt of the monthly bill. In the event
the User falls to timely pay the charges, the Owner, at its
discretion, may terminate this contract by giving the User ten (10)
days' written notice.
3. For purposes of this agreement, "residential garbage" Is defined as
shall consist of all normal household waste, except plant clippings,
leaves, tree trimmnings, ashes, metal scraps other than cans, large
accumulations of boxes, demolition and remodeling debris and other
material that cannot be broken down to fit In regular garbage
containers; "commercial garbage" is defined as all waste normally
generated by each individual establishment, except plant clippings,
PAGE I
1W1/103089005/1
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leaves, tree trimmings, ashes, demolition and remodeling debris and
other material that cannot be broken down to fit in regular garbage
containers, and "rubbish (trash)" is hereby defined as all waste and
refuse material that is not either residential or cmrmerclal
garbage.
Notwithstanding the foregoing definitions neither residential nor
carmercial garbage shall include any form of asbestos or any other
hazardous waste.
4. All of the User's vehicles shall carry readily ascertainable
Identification that is satisfactory to Owner. User must submit the
form of Identification to be used along with all vehicle license
plate nuTbers.
5. The Owner shall construct as dcont continually infrom tainthe Dahlisather road
road maintained In a good,
through the Landfill to the dumping area.
6. User shall comply with all rules of operation established by Owner
that are applicable to all users of the Landfill site. Failure to
cmply with such rules may result in the User being denied use of
the Landfill. A copy of the rules are attached and incorporated
herein by reference. Said rules are subject to change without
notice.
User estimates that the amount of monthly refuse to be deposited at
the site to be g cubic yards. i
7. All use of the Landfill is subject to applicable City, County,
State, and Federal ordinances, laws, and regulations dealing with '
the operation and use of a sanitary landfill site.
j S. User may not sub-contract nor assign any rights granted pursuant to
this agreement.
9. Either party may cancel this agreement upon giving ten (10) days
written notice to the other party, notice to be sent by certified
mail, return receipt requested, with postage and registration fees
prepaid:
i
CITY USER
{ Lloyd V. Darrell 10AWpiW}GALBRAl1H LUMBER WIIiPANY
City Manager
215 E. McKinneyvI~1
Denton, Texas 76201
Notices shall be deemed to have been received on the date of receipt
as shown on the return receipt.
PAGE 2
1N1/103069005/2
ti.EXECUTED this the day of 7Je!- 3 19 ~
OF
CITY OF ON, TEXAS!
7
BY: /
I LOYD V. HARRELL
C I TY K4I,IAGER
r
ATTEST:
I '
If J IFER TERS, CITY SECRETARY
C OF NTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI ORAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
I I BY: - Lkfl i
TM Iumm Y !
USER
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BY:
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1W1/103089005/3
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5
LICENSE AGREEMENT BETWEEN
THE CITY OF DENTON AND
FRONTIER WASTE MANAGEMENT, INC.
1.
i GRANT
For and in consideration of compliance by Frontier Waste
management, Inc., hereafter called the "LICENSEE", with the
conditions set forth in this Agreement, and the ordinances and
regulations of the City governing the collection of solid waste,
the CITY hereby grants to Frontier Waste Management, Inc., a
' company organized under the laws of Texas with its principal
I offices at 1806 11. Stemmons, Sanger, Texas, a license to use the
l public streets, alleys and thoroughfares within the corporate
limits of the City for the purpose of engaging in the business of
' collecting and disposing of garbage, trash, rubbish, and solid
` waste from any person, as provided in Chapter 12 of the Denton Code
of Ordinances, Sec. 12-23 and Sec. 12-24, from locations within the
corporate limits of the City.
` II.
TERM
The tend of this Agreement shall be for a period commencing upon ~
J ` the 1st day of January, 1990, and continuing through the 31st day
i j of December, 1990. y1
III. 1
NON-WAIVER OF POWERS
This Agreement shall not be taken or held to imply the
relinquishment or waiver by the CITY of its power to make other
{ reasonable requirements or regulations, and the CITY hereby
Il expressly reserves the right to make all regulations which may be k
necessary or proper to secure in the most ample manner the safety,
welfare and accommodation of the public including, among other
things, the right to adopt and enforce regulations to protect and
promote the health and general welfare of the public from danger
and inconvenience in the management and operation of garbage and j
solid waste collections, and to provide such service as is
contemplated by this Agreement.
IV.
SCOPE AND NATURE OF OPERATION
It is expressly agreed and understood that the LICENSEE shall use
suitable containers to collect and deliver for disposal all garbage
and solid waste removed by said LICENSEE. LICENSEE shall, at its
own expense, furnish personnel and equipment to collect garbage and
T
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solid waste from customeia. LICENSEE will establish and maintain
in an efficient and business-like manner such scheduled routes and
secial schedules as may be necessary to service requirements of accounts located within fulfill the City. waste
V.
RULES AND REGULATIONS
~ A. The City Manager may impose all reasonable rules and
a license
} regulations as a condition precedent to issuing continuing
under this article and as a condition subsequent t CENSEE to comply
s validity. The City Manager may require
with regulations governing e tYP veekvrequired~ methoddand
collection, number of pickups pe appropriate disposal
` route for transporting said collection,
rul and
locations and identification of trucks. Such
of the City
regulations shall be subject to the approval
council.
} B. LICENSEE may not discontinue service out afirstcommercial
removing
l industrial customer for non-payment
the container. LICENSEE agrees to notify the city of Denton
Code Enforcement Division upon removal of container for non-
payment. ns of its
C. III-ENSEE shall furnish CITY a list of quarterly lcatiois for the
solid waste customers in the City on a } purpose of updating the City's photometric index information
and to assist the City's Code Enforcement Division
of Ordinances.
{ litter and debris violations of the City
LICENSEE shall provide the CITY with the first list not later
than March 1, 1990.
D. LICENSEE shall arrange for timely customer toa large items
placed beside containers by authorize
collection. LICEn the event the NSEE will notify customer City of oDenton oCode
collection, ~
Enforcement Division.
VI.
PAYMENTS
The LICENSEE shall be responsible for billing accounts and
collecting payments from customers.
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VII.
LICENSE FEE
In consideration of the license granted in section I hereof,
LICENSEE shall pay to the CITY, at the office of the executive
director of finance, in lawful money of the United States, eight
percent (6%) of its gross receipts measured by the solid waste
' collection service fees and revenues collected and other income
from any source derived from the operation of the solid waste
collection service within the corporate limits of the City of
Denton. LICENSEE shall remit this license fee monthly on or before
the twentieth (20th) day of each month based upon the revenues
collected during the previous month. Revenues from the collection
of commercial or industrial waste material which is recycled is not
subject to the license fee unless there is greater than ten percent
i (10%) non-recycled waste in a container.
This compensation shall be in lieu of any other zits or charges
I imposed by any other ordinance now or hereinafter e.:forced during
the life hereof, but shall not release the LICENSEE from the
payment of ad valorem taxes levied, or to be levied, on property it 1
owns, or fees for using the City's landfill.
i
VIII.
VEH.'CLE IDENTIFICATION
E
The LICENSEE shall provide CITY with a lint of vehicles which it
operates and the make, model and body style of each vehicle.
LICENSEE shall identify each vehicle by placing clearly legible
letters no smaller than six inches (6") on each vehicle identifying
the applicant by name.
IX.
€ DISPOSAL OF SOLID WASTE
1
The LICENSEE agrees to dispose all solid waste collected within the
CITY at a sanitary landfill site approved by the State of Texas.
The CITY reserves the right to designate a specific landfill site
to be used by the LICENSEE at any time during the term of this
Agreement.
X.
TERMINATION
If at any time LICENSEE fails to perform any of the terms or
conditions herein set forth, CITY may, after a hearing as Aescribed
herein, revoke and cancel the license given in section I hereof and
this Agreement shall be null and void. The hearing prerequisite to
such revocation shall not be held until notice of such hearing has
3
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been given to LICENSEE by registered or certified mail addressed to
LICENSEE at the address shown on the record of CITY, or personally
delivered to LICENSEE, and a period of at least ten (10) days has
elapsed since the mailing or delivery of such notice. The notice
shall specify the time and place of the hearing and shall include
the reasons for revocation of such license. The hearing shall be
conducted by the City Manager of the City and LICENSEE shall be
allowed to be present and given full opportunity to answer such
charges and allegations as are set out against him in the notice.
If, after the hearing is concluded, the City Manager shall
determine that the charges and allegations set forth in this notice
are affirmed by the facts presented by the hearing, the CITY may
revoke and cancel this agreement and the license, and the same
shall be null and void.
XI.
BOOKS AND RECORDS
The books and records of LICENSEE shall be open at reasonable times i
for inspection by the City Manager or his designee in accordance
with the terms of this license Agreement.
i I
j The LICENSEE shall maintain a separate set of records in a form
F sufficient to identify its revenues and expenses involved in
i j collection and disposal of garbage and solid waste within the
corporate liuits of the City of Denton which shall separate the
accounting records of the Denton operation from its other
{ E operations.
IE The CITY may, at any time cause an audit, either fc,.rmal or
informal, to be made of the portion of LICENSEE'S books and records I
representing its Denton operation or any portion of any of its
other operations which may be allocated or charged to the Denton
operation. Any additional amount due CITY as a result of such f
j audit shall be paid within thirty (30) days following written
notice to LICENSEE from CITY.
XII.
INDEMNIFICATION; INSURANCE
The LICENSEE assumes risk of loss or injury to property or persons
arising from any of its operations under this Agreement, and agrees
to indemnify and hold harmless the CITY from all claims, demands,
suits, judgments, costs or expenses, including expenses of
litigation and attorneys fees, arising from any such loss or
injury. It is expressly understood that the foregoing provisions
shall not in any way limit the liability of the LICENSEE. The
LICENSEE agrees to carry insurance during the entire term of this
Agreement as follows:
4
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a. Workers Compensation insurance covering all employees of
the LICENSEE engaged in any operation covered by this
Agreement.
b. Automobile and Public Liability Insurance in amounts not
less than $300,000 per occurrence.
r Such policies of insurance shall be issued by companies authorized
to conduct business in the State of Texas, and shall name CITY as
an additional insured and shall insure CITY in the same general
terns and to the same general effect as the foregoing Agreement of
cohold ntracts harmless
ewithCITY.
be deposited i
LICENSEE to evidencing such insurance and
XIII.
ASSIGNMENT
' No assignment of this Agreement or any right occurring under it
shall be made in whole or in part by LICENSEE without the express
E written consent of CITY. In the event of any assignment, the
assignee shall assume the liability of LICENSEE hereunder.
XIV.
p BANKRUPTCY j
f This Agreement shall terminate in the case of bankruptcy, voluntary
or involuntary, or insolvency of the LICENSEE. In the case of
1 bankruptcy, such termination shall take effect on the day and at
the time the bankruptcy is filed.
kV.
RIGHT TO REQUIRE PERFORMANCE
The failure of CITY at any time to require performance by LICENSEE t
of any provisions hereof shall in no way affect the rights of the
CITY thereafter to enforce the same. Any waiver by the CITY of any
breach of any provisions hereof shall not be taken or held to be a
waiver of any succeeding breach of such provision or as a waiver of
any provision itself.
XVI.
f MISCELLANEOUS
A. If any provision of this Agreement shall be declared illegal,
void or unenforceable, the other provisions shall not be
affected and shall remain in full force and effect.
I
B. The effective date of this Agreement shall be on January 1,
1990.
5
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O be deem C. All notices give in writing this deliveedhonla business
sufficient, if given and deeRed delivered on the
i day during normal business tdiispaspatch first class
second business day after dispatch if sent by
mail, registered, return receipt requested, addressed as
follows:
CITY: LICENSEE:
City of Denton Frontier Waste Management, Inc.
City Manager Benny Johnson, President
215 East McKinney P. 0. Box 758
Denton, Texas 76201 Sanger, Texas 76366
EXECUTED this K*day of 1990.
~I
ATTEST: CITY OF DESTON i
Lloyd V. Harrell, Cit Manager 1
ty S retary ~J
LICENSEE:
ATTEST:
- !!!I. y John resident
ier Wa a Management, Inc.
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STATE OF TEXAS §
COLNTY OF DENTON § SANITARY LAWF1LL USE AGREE~~
k'iiEREAS, the City of Denton, Denton CountY, Texas, a Home Rule City,
hereinafter referred to as "p ner,rr is the
landfill situated in Denton Owner and Operator of a sanitary
hereinafter County, kno►vi as the Denton Knicl al
andf p Landfill,
referred to as "Landfill," which l
ill site has been duly
Permitted by the State of Texas; and
k-CREAS,
referred to as "User," desires to contract with the hereinafter
Landfill for the disposi der for the use of the
ng of its refuses and
j WHEREAS, the Owner is willing to contract with the User to make the
i Landfill available for disposal of Its refuse; NOW, THEREFORE,
{I
WITPES ETH:
Use of Ltsndfitl, For the dur
1st da of October at ton of the year beginning on the
30th y 1489
day of Se terrber and ending on the
terminated as hereinafter provided the 1490 . unless sooner
to utilize the Owner+s ~ Omer shaft permit the User
J refuse, Landfill for the duvptng of the User's
2, The User shall paY to the Owner a
f of $2.81 per cubic "mthly charge based on the ~
ted
j residential and Yard or $1124 Per ton for acprce
commercial ga
SII,24 rbage and $2,81 per cubic yc a~ o~
Per ton for uncormpaoted residential carercl
garbage
and .81 per cubic yard or $11.24 for and rrubbis rrubbis l h (t
pedatthe Landfill. T ~r tool
rash)
~Rthe first day of each U+ner shall bill the User on or about
User month following the end of a month wherein the
dumped rofusc on the Landfill. The User shall pay the Q+rwr
within ten (ID) days of receipt of the
the User falls to times monthly bill, the event
discretion, may terminate thisa conhe charges, the Oma er, at Its
days' written notice. trait by giving the User ten (10)
3. For purposes of this agreement, "residential garbage" is defined as
shall consist of all normal household waste, except plant clippings
leaves, tree trlmm;ngs, ashes, metal scraps other than cans,
accumulations of boxes, demolition and remodel ing debris and other
material that cannot be broken
containers; "connerclal davm to fit In regular gamage
generated by each tndividua garbage" „ estabilisdeftned as all
establishment.. except plant normally
plant cltppl
n9s,
PAGE 1
1wl/103089005/1
f
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leaves, tree trimmings, ashes, demolition and remodel Ing debris and
other material that cannot be broken down to fit in regular garbage
containers, and "rubbish (trash)" is hereby defined as all waste and
refuse material that is not either residential or commercial
garbage.
Notwithstanding the foregoing definitions neither residential nor
commercial
garbage shall include any form of asbestos or any other
hazardous waste.
4. All of the User's vehicles shall carry readily ascertainable
identification that is satisfactory to Owner. User must submit the
fore of Identification to be used along with all vehicle license
plate nur'bers.
5. The Owner shall ccxnstruct and continually maintain an all-weather
road malntalned In a good, smooth condition from the public road
through the Landfill to the dumping area.
6. User shall comply with all rules of operation established by Owner 7
that are applicable to all users of the Landfill site. Failure to
comply with such rules may result In the User being denied use of
the Landfill. A copy of the rules are attached and incorporated
herein by reference. Said rules are subject to change without s
j notice. {
J i
User estimates that the amount of monthly refuse to be deposited at j
the site to beliot more tharfubic yards. '
19,000°
7. Ali use of the Landfill Is subject to applicable City, County,,
State, and Federal ordinances, laws, and regulations dealing with
the operation and use of a sanitary landfill site. ;
8. User may not sub-contract nor asst '
gn any rights granted pursuant to S'
this agreement.
1
9. Either party may cancel this agre,,xment upon giving ten (10) days
written notice to the other party, notice to be sent by certified
mail, return receipt requ9sted, with postage and registration fees
prepaid:
CITY USER
Lloyd V. Harrell LAKESIDE SANITATION
City Manager CITY GARBAGE SERVICE. INC.
215 E. McKinney 3355 RAIDER DRIVE
Denton, Texas 76201 W R3T, TEXAS 76053
Notices shall be deemed to have bien received ui the date of receipt
as shown on the return receipt.
PAGE 2
IN1/103089005/2
EXECUTED this the day of 010 au &--2 191%.
CITY OF D TON, TEXAS
BY N
LLOYD V. HARRELL
CITY MANAGER
I ATTEST:
.904 1 Fl
I ERS, CITY SECRETARY
C OF DENTONA TEXAS
APPROVED AS TO LEGAL FORM: f
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
i i BY:
1'I
USER LAKESIDE SANITATION
BY: J. R.HUBBARD Y/P CONTRACTS E
Qly
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1W1/103089005/3
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STATE OF TEXAS ¢
SANITARY LANDFILL USE AGREEMENT
COUNTY OF DENTON ¢
WEREAS, the City of Denton, Denton County, Texas, a Hone Ruie City,
hereinafter referred to as 110wmer," is the Owner and Operator of a sanitary
landfill situated in Denton County, knows as the Denton Municipal Landfill,
hereinafter referred to as "Landfill," which landfill site has been duly
permitted by the State of Texas; and
WHEREAS, STATE DEPARTMENT OF HIGHWAYS 6 PUBLIC TRANS. hereinafter
referred to as "User," desires to contract with the Owner for the use of the
Landfill for the disposing of its refuse; and
WHEREAS, the Ow•ier is willing to contract with the User to make the
Landfill available for disposal of its refuse; NOW, THEREFORE,
WITNESSETH:
1. Use of Landfill. For the duration of the year beginning on the
1st day of October 1989_., and ending on the
30th day of September 1990 unless sooner
terminated as hereinafter provided, the Owner shall permit the User 1
to utilize the Owner's Landfill for the dunping of the User's
refuse.
2. The User shall pay to the Owner a monthly charge based on the price
of $2.81 per cubic yard or $11.24 per ton for compacted
residential and commercial garbage and $2.8] per cubic yard or
$11.24_ per ton for uncortpacted residential and commercial garbage
arxi X2,81 per cubic yard or $11.24 per ton for rubbish (trash)
durpeA at the Landfill. The Owner sha11 bill the User on or about
the first day of each month following the end of a month whereir r:he
User durped refuse on the Landfill. The User shall pay the Owner
within ten (10) days of receipt of the monthly bill. In the event
{ the User falls to timely pay the charges, the Owner, at Its
discretion, may terminate this contract by giving the User term (10)
days' written notice.
3• For purposes of this agreement, "residential garbage" is defined as
shall consist of all normal household waste, except plant clippings,
leaves, tree trimmings, ashes, metal scraps other than cans, large
accunulations of boxes, demolition and remodeling debris and other
material that cannot be broken down to fit In regular garbage
containers; "commercial garbage" Is defined as all waste normally
I generated by each individual establishment, except plant clippings,
I
PAGE 1
IWl/103089005/1
p e,e
a..-a!
.
leaves, tree trimmings, ashes, demolition and remodeling debris and
other material that cannot be broken da n to fit In regular garbage
containers, and "rubbish (trash)" is hereby defined as all waste and
refuse material that is not either residential or commercial
garbage.
Notwithstanding the foregoing definitions neither residential nor
commercial garbage shall Include any form of asbestos or any other
hazardous waste.
i
4. All of the User's vehicles shall carry readily ascertainable
Identification that is satisfactory to Owner. User must submit the
form of Identification to be used along with all vehicle license
plate rwnbers. '
5. The Owner shall construct and continually maintain an all-weather
road maintained In a good, smooth condition from the public road
through the Landfill to the dumping area.
6. User shall comply with all rules of operation established by Owner
that are applicable to all users of the Landfill site. Failure to
corrply with such rules may result in the User being denied use of
the Landfill. A copy of the rules are attached and incorporated
herein by reference. Said rules are subject to change without
notice. 44!
User estimates that the amount of monthly refuse to be deposited at i
f the site to be 80 cubic yards. {
~ i
I
7. All use of the Landfill Is subject to applicable City, County,
State, and Federal ordinances, laws, and regulations dealing with i
the operation and use of a sanitary landfill site.
j 8. User may not sub-contract nor assign any rights granted pursLmt to d
this agreement.
I
9. Either party may cancel this agreement upon giving ten (10) days
written notice to the other party, notice to be sent by certified
mail,, return receipt requested, with postage and registration fees
prepaid:
CITY USER
E Lloyd V. Harrell State Department of Highways 5 Public
{ City Manager Trans ytation
215 E. McKinney '
Denton, Texas 76201 By'
Thongs L. Kelley, P.
Distri t yaint an a En weer !
Notices shalt be deemed to have been received on ~~ie relate ~f receipt
as shown on the return receipt.
PAGE 2
1W1/103089005/2
EXECUTED this the day of
CITY OF DENT TEXAASS
BY: ,44ri
LL D . HARRELL
CITY MANAGER
ATTEST:
FER WV-TERSI-CITY SECRETARY
C OF DENTON, TEXAS
APP40VED AS TO LEGAL FORM:
j DEBRA ADAM[ DRAYOVITCH, CITY ATTORNEY
1 i CITY OF DENTON, TEXAS
iii BY:
~ f 7
i
USER Ktl,,,,,,ent of Higbwaga 6 Public Transp.
BY: -
District Maintenance seer `
I! f
P. 0. Box 3067
Dallas, Texas 75221-3067
Attn: Margie Edwards
i
s
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PAGE 3
1M1/103089005/3
14,
1'Y
f
i STATE OF TEXAS §
SANITARY LANDFILL USE AGREEI-NT
COLiNTY OF DENTON 4
WHEREAS, the City of Denton, Denton County, Texas, a Home Rule City,
hereinafter referred to as "Omer," is the Owner and Operator of a sanitary
landfill situated in Denton County, known as the Denton hiniclpal Landfill,
hereinafter referred to as "Landfill," which landfill site has been duly
permitted by the State of Texas; and
WHEREAS, Texas Woman's University hereinafter
referred to as "User," desires to contract with the Owner for the use of the
Landfill for the disposing of its refuse; and
W EREAS, the Owner is willing to contract with the User to make the
i
Landfill available for disposal of Its refuse; NOW, THEREFORE,
r WITNESSETH:
1. Use of Landfill. For the duration of the year beginning on the
f~ 1st day of October 198; , and ending on the
30th day of September _ , 1990 unless sooner
terminated as hereinafter provided, the Owner shall permit the User {
to utilize the Owner's Landfill for the dumping of the User's
refuse.
2. The User shall pay to the Owner a monthly charge based on the price
f of $2.81 per cubic yard or $11.24 per ton for carpacted
1 residential and c<mnerclai garbage and $2.81 per cubic yard or
f $11.24 per ton for uncompacted residential and commerclal garbage
and 2.81 per cubic yard or $11.24 per ton for, rubbish (trash)
( dumped at the Landfill. The Owner shall bill the User on or about
the first day of each month following the end of a month wherein the dc.r''
User durrped refuse on the Landfill. The User shall pay the Diwner
Thirty (30) days within U;-= days vi recelpt of the monthly bill. -~F~t# EVef><.
R -
- the--USAF--fall's --Lo --td+rae*-pay--the--e§aFQes7--the- 9►raeFr-,a6--k,r_r
- dltcsaiJoa - wy-ter;M4)ate--thl-3-ror4FaGL-by-94vaag-the-1keFiefr{-1{}}
-diyi~-Y1Fi'LieR-RDtaC6~-
3. For purposes of this agreement, "residential garbage" is defined as
shall consist of all normal household waste, except plant clippings,
leaves, tree trimmings, ashes, metal scraps other than cans, large
accumulations of boxes, demolition and remodeling debris and other
material that cannot be broken down to fit In regular garbage
i containers; "commercial garbage" is defined as all waste normally
generated by each individual establishment, except plant clippings,
PAGE 1 i
e
leaves, tree trimmings, ashes, demolition and remodeling debr)s and
ootntherine
artxarts,aeriai "that rubbish cannot (tbe broken down to fit In regular garbage
nd
crash)" is hereby defined as all waste and
refuse material that Is not either residential or commercial
garbage.
Notwithstanding the foregoing def'nitions neither residential nor
commercial garbage shall include any form of asbestos or any other
hazardous waste.
4. All of the User+s vehicles shall carry readil
Identification that Is satisfactor y ascertainable
form of Identification to be used
y to along with ally vehlcl a license
/ plate numbers,
5. The Owner shall construct and continually maintai an
road maintained In a good, smooth condition from nthe ail-ic aroad
through the Landfill to the dumping area. public road
6. User shall comply with all rules of
that are applicable to all users of theerLandfilltsite. Failure to
o
comply with such rules may result In the User being
the Landfill. A copy to
of the rules are attached denied use and ed
herein by reference. Said rules are subject toincorporated
notice. change without tt
f User estimates that the !
the site to be 360 amount of monthly refuse to be deposited at
cubic yards. 1
7. All use of the Landfill Is subject to applicable City
State, and Federal ordinances, laws, and re , County,
dealing with
the operation and use of a sanitary landfill site.
i
8. User may not sub-contract nor assign any rights granted pursuant to
this agreement.
4. Either party may cancel this agreement upon giving ten (10) days
written notice to the other party, notice to be sent by certified
mail, return receipt requested, with postage and registration fees
prepaid:
i CITY USER
Lloyd V. Harrell
ii City Manager Texas Woman's University ~
215 E. McKinney P.,O O T. Box Landfill 2 Usage
22939
Denton, Texas 76201 Denton, Texas 76204
i
Notices shall be deemed to have been received on the date of receipt
as shown on the return receipt.
PAGE 2
ri a•.ac: '1
s.Gx
5 ~
i
EXECUTED this the day of
~~~i1~ 19.
CITY OF DENTCN, TEXAS
I
BY:
LL N. WIRRELL Gf~~
CITY M4NAGER
f
NiTEST :
J IFER WAYTERS.. CITY SECRETARY
1 C OF DENTON, TEXAS
APPROVED AS TO LEGAL FOPJ4:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON.. TEXAS
BY: AA,
Q a l ~~~41.
USER : Texas Woman's University
E BY: f
I R. 0. Benfi 1
1 Vice President for Fiscal Affairs
f
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IIYll
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STATE OF TEXAS I
SANITARY LANDFILL USE AGREEMENT
COUNTY OF DENTON I
4ffRE4S, the City of Denton, Denton County, Texas, a Nome Rule City,
hereinafter referred to as "Owner," Is the Owner and Operator of a sanitary
landfill situated in Denton County, known as the Denton hh.nicipal Landfill,
hereinafter referred to as "Landfill," Which landfill site has been duly
permitted by the State of Texas; and
WHEREAS.. University of North Texas hereinafter
referred to as "User," desires to contract with the Omer for the use of the
Landfill for the disposing of its refuse; and
WHEREAS, the Owner Is willing to contract with the User to make the
i
Landfill available for disposal of Its refuse; NOW, THEREFORE,
WITNESSETH: 3
3
1
0
1. Use of Landfill. For the duration of the year beginning on the
1st day of October 1989 and ending on the
30th day of September 1990 . unless sooner
terminated as hereinafter provided, the Owner shall permit the User I
to utilize the Ovarer's Landfill for the dumping of the User's
i refuse.
2. The User shall pay to the Owner a monthly charge based on the price
of $2.81 per cubic yard or $11.24 per ton for compacted
residential and commercial garbage and $2.81 per cubic yard or l
$11.24 per ton for unccmpacted residential and commercial garbage
and x2.82 per cubic yard or $11.24 per ton for rubbish (trash)
dumped at the Landfill. The Owner shall bill the User on or about
the first day of each month following the end of a month wherein the
} User dumped refuse on the Landfill. The User shall pay the Owner
within tun (10) days of receipt of the monthly bill. In the event
the User falls to timely pay the charges, the Owner, at its
discretion, may terminate this contract by giving the User ten (10)
days' written entice.
3. For purposes of this agreement, "residential garbage" is defined as
shall consist of all normal household waste, except plant clippings,
leaves, tree trirtmings, ashes, petal scraps other than cans, large
accurwiatlons of boxes, demolition and remodeling debris and other
material that cannot be broken down to fit In regular garbage
containers, "commercial garbage" Is defined as all waste normally
generated by each individual establishment, except plant clippings,
PAGE I
1W1/103089005/1
leaves, tree trimmings, ashes, demolition and remodeling debris and
other material that carrot be broken down to fit in regular garbage
containers, and "rubbish (trash)" Is hereby defined as all waste and
refuse material that is not either residential or ca mercial
garbage.
Notwithstanding the foregoing definitions neither residential nor
commercial garbage shall Include any form of asbestos or any other
hazardous waste. 1
4. All of the User's vehicles shall carry readily ascertainable
Identification that Is satisfactory to Owner. User must submit the
r form of Identification to be used al ~
plate rKrnbers, 9 with all vehicle license
5. The Owner shall construct and continually maintain an a11-weather
road malntained in a good, smnith condition from the public road
through the Landfill to the d
Lrv; ng area.
6. User shall comply with all rules of operation blishe by I
that are applicable to all users of the Landfiiitsite. Failure tor
comply with such rules may result in the User being denied use of
the Landfill. A copy of the rules are attached and incorporated
herein by reference. Said rules are subject to c '
notice. hangs without '
S
User estimates that the arrbcnt of monthly refuse to be t
the site to be 65 obit yards, deposited at
7. All use of the Landfill is subject to applicable # j State, and Federal ordinances laws and egulaLio
C Canty,
f the operation and use of a sanitary landfill ssiite dseal aling with
i
8. User may not sub-contract nor assign any rights
this agreement, granted pursuant to
9. Either party may cancel this agreement
written notice to the other party.. notice upon to giving
be uing sent b b t certified days
mail, return receipt re y certified ~
4uested, with postage and registration fees
prepaid:
CITY USER
Lloyd V. Harrell Raymond E. McFarlane 1
City Manager Director, Physical Plant and `
215 E. McKInney Planning and Construction
Denton, Texas 76201 P 0 Box 13527
i Denton, Texas 76203-3527
Notices shall be deemed to have been received on the date of receipt
as shown on the return receipt.
PAGE 2
IW1/103089005/2
fR iIAS~ ~
y.,A
EXECUTED this the ~ day of uG[lb 19-eL ,
CITY OF DENT , TEXAS
i
I BY:
LL V. HARRELL"~
CITY MANAGER
ATTEST: I
I
( J R TERS, CITY ETARY
OF DENTON, TEXAS
I
i
APPROVED AS TO LEGAL FORM:
f
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
I
j BY: 03
I II
USER
I
BY:
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PAGE 3
IVil/103089005/3
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