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HomeMy WebLinkAboutR90-008RESOLUTION NO. qOO2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WASTE MANAGEMENT, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL LICENSE AGREEMENTS ENTERED INTO PURSUANT TO CHAPTER 12 OF THE CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That the City Manager is hereby authorized to exe- cute an agreement between the City of Denton and Texas Waste Management, Inc., under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. That the City Manager is hereby authorized to execute license agreements with those businesses who use the public streets within the city for the purpose of engaging in the business of collecting and disposing of solid waste if such agreements are in substantially the same form as the License Agreement attached hereto. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~day of~ ~, 1990 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1 lcagree, res LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WASTE MANAGEMENT, INC. For and in consideration of compliance by 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 Texas Waste Management, Inc. 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 ter~ 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 relinq~ishment 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. 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 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. Such rules and regulations may include, but are not necessarily restricted to, a 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 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 on a quarterly basis, LICENSEE to provide the CITY with the first list not later than March 1, 1990 for the purpose of updating the photometric index information and to assist the City's Code Enforcement Division in handling litter and debris violations of the City Code of Ordinances. 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. VI. PAYMENTS The LICENSEE shall be responsible for billing accounts and collecting payments from customers. 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 2 percent (8%) 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 subjectlto the license fee unless there is greater than ten percent 10%) 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 the payment of ad valorem taxes levied,.or to be levied, on property it owns, or fees for using the cityts landfill. 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. VIII. VEHICLE 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 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 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 Ag=eement 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 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 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 sol~d waste within the corporate limits of the City of Denton ~ntending thereby to separate the 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 notlce'to LICENSEE from CITY. XII. INDEMNIFICATION; INSURANCE The LICENSEE assu~es 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 litiga~ion 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 Compensation insurance covering all employees of the LICENSEE engaged in any operation covered by th~s Agreement. b. Automobile and Public Liability Insurance in amounts not less than $1,000,000 per occurrence. 4 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 deposited with CITY. 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 ex~ress written consent of CITY; in the event of any assignment, the assignee shall assume the liability of LICENSEE hereunder. XIV. BANKRUPTCY This Agreement shall terminate in the case of bankruptcy, voluntary or involuntary, or insolvency of the LICENSEE. In the case of bankruptcy, such termination shall take effect on the day and at the time the bankruptcy is filed. XV. RIGHT TO REQUIRE PERFOP.MANCE The failure of CITY at any time to require performance by LICENSEE of any provisions hereof shall in no way affect the rights of the CITY thereafter to enforce the same. Nor shall waiver by the CITY of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 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 sufflcient, 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 Texas Waste Management, Inc. City Manager Attn= John Gustafson 215 East McKinney P.O. Box 719 De~ton, Texas 76201 Lewisvllle, Texas 75067 ATTEST. CITY OF DENTON ATTEST: LICENSEE: 6