Ordinance 1993-41
ORDINANCE NO.
1 ~ -t//
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
EXISTING FRANCHISE FOR REFUSE COLLECTION , REMOVAL AND DISPOSAL
WITHIN THE CITY OF WYLIE GRANTED TO BROWNING-FERRIS
INCORPORATED, BY ORDINANCE 93-39; REPEALING ALL CONFLICTING
ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the City has recently negotiated a contract (Agreement) with Browning-Ferris
Incorporated (BPI) for refuse collection within the City on terms and conditions deemed to be
favorable to, and in the best interest of, the City; and,
WHEREAS, the City Council adopted such agreement and granted a franchise to BFI on the
12th day of August, 1993, by adoption of Ordinance No. 93-39; and ,
WHEREAS, the franchise agreement as adopted provided for once per week refuse
collection and once per week recycling collection for residential customers in the City; and,
WHEREAS, the Council has had contact from numerous citizens complaining that once
a week refuse pickup was not frequent enough in that their trash was decaying to a point where
it was creating strong odor and becoming infested with insects before being picked up, which
created an unsanitary and unpleasant condition in an around the premises of the homeowners;
and,
WHEREAS, the Council has determined that the cost savings from the once per week
pick up are not significant enough to overcome the aforementioned detrimental effects and
therefore desires to change the agreement to provide for twice per week refuse collection;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, as follows:
SECTION I
The franchise agreement with BPI providing for refuse collection, removal and disposal
within the City, as heretofore adopted by Ordinance 93-39 be, and it hereby is, amended by
adoption of the "Amended Contract" attached hereto as "Exhibit A" and fully incorporated herein
and made a part hereof by reference.
SECTION II
The Mayor, the City Manager, and the City Secretary are hereby authorized and directed to
properly execute the original(s) of such agreement as the act and deed of the City.
SECTION III
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION V
That all other ordinances and code provisions, specifically including without limitation
Ordinance 93-39, in conflict herewith are hereby repealed to the extent of any such conflict or
inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall
remain in full force and effect.
SECTION VI
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
14th day of September, 1993.
.~
'-
AITEST: 'Il1~1(~
Mary Nichol
City Secretary
/
AMENDED CONTRACT
~
THIS AMENDED CONTRACT, made and entered into this 12th da~ of
A 1:1 ~ 1:1 ~ t, 1 9 9 J ,.::}}.::::::day.:.::o..l::S:ep:tember:,.:1993, by and bet wee nth e C i t y
of Wylie, Texas a Municipal Corporation of Collin County, Texas.
(hereinafter called the "City") and Browning-Ferris, Inc.,
(hereinafter called "Contractor").
WITNESSETH:
WHEREAS, the parties hereto desire for Contractor to provide
Refuse collection within the City and to perform such work as
my be incidental thereto in accordance with the terms of this
Contract.
NOW, THEREFORE, in consideration of the following mutual
agreements and covenants, it is understood and agreed by and
between the parties hereto as follows:
1 .00
GRANT
BFI shall be granted the exclusive right to provide refuse
collection, removal and disposal services and the
collection of recyclables for ninety-five percent (95%) of
the Residential, Commercial and Industrial Uni ts wi thin the
corporate limits of the City, as specified and described in
the Contract. Further, the Contractor is hereby granted a
franchise, license and privilege within the territorial
jurisdiction of the City and shall furnish all personnel,
labor, equipment, trucks, and all other items necessary to
provide Refuse collection, removal and disposal services,
and recycling collection as specified and to perform all of
the work called for and described in the Contract.
3.00
4.00
SCOPE OF WORK
The work under this Contract shall consist of the items
contained in the performance standards, including all the
supervision, materials, equipment, labor and all other
items necessary to complete said work in accordance with
the Contract. A copy of said performance standards is
attached hereto as Exhibit "B" and made a part hereof for
all purposes.
COLLECTION OPERATION
4.01
Service Provided -
(a) Contractor shall provide curbside collection
service for the collection of Residential
Refuse to each Residential Unit one (1 )~\v9::T~J t
time~ per week. Containers, Bags and Bundles
shall be placed at curbside by 7:00 a.m. on the
designated collection day.
(b) Contractor shall provide curbside collection
service for the collection of Recyclable
Materials from each Residential Uni tone (1)
time per week. Containers shall be placed at
curbside by 7:00 a.m. on the designated
collection day.
(c) Contractor shall provide Bin Collection service
for the collection of Commercial and Industrial
Refuse to Commercial and Industrial Units
according to indi v idual agreement. The
Con t r act 0 r s hall pro v i de co mm e r cia 1 hand
collection service for commercial hand collect
units as defined in 2.08 of definitions.
(d) The Contractor shall provide for the special
collection from Residential Units of Bulky
Waste, Construction Debris and Stable Matter.
Also, the Contractor may from time to time
provide for
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their approval, which approval shall not be
unreasonable withheld. City shall publish at
its expense at least once during each calendar
year a map of such Residential Unit collection
routes in the newspapers published in the
immediate area. The published map shall be of
such size to clearly show all pertinent
information. The Contractor may from time to
time propose to Ci ty for approval changes in
routes or days of collection affecting
Residential Units, which approval shall not be
unreasonably withheld. Upon City's approval of
the proposed changes, City shall promptly give
written or published notice to the affected
Residential Units.
(b) Commercial and Industrial Unit collection
routes shall be established by the Contractor
at its sole discretion.
5.03 Holidays The following shall be holidays for
purposes of this Contract:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Contractor may decide to observe any or all of the
above mentioned holidays by suspension of collection
service on the holiday. When the holida} fal13 on
Monda), collection will bc madc on Thl:lf3da}; wflen *-
the holiela) fal13 01"1 Thtlr3e1a), collection will be
maelc on Monday. City.<and<>Conlractoragree>><that.:the
.J1e.~t<c()l:l>~(;.tj()r"}::s~i.vl..~.~:~h~j..l..::t~k~::p.tac~.:.:(.)ntli.e:.<n:ext )j:..
reg:u:.1arly.:.:s(;hedl1l:ed>c:O.l1ec~.i.():Jl.:.>c;I~y.>..:.:...ho.weverr>::.. .in >>.no f
evenTshaIl"co..llec'tion:: . ():CC:tI:r: <<less than . once per
week.
5.04 Complaints - All complaints shall be made directly
to the Contractor and shall be given prompt and
courteous attention. In the case of alleged missed
scheduled collections, the Contractor shall
investigate and, if such
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6.00
7.00
8.00
9.00
10.00
COMPLIANCE WITH LAW
The Contractor shall conduct operations under this Contract
in compliance with all applicable laws; provided, however,
the General Specifications of this Contract shall govern
the obligations of the Contractor where there exists
conflicting regulations of the City on the subject.
EFFECTIVE DATE
This Contract shall be effective upon the execution hereof
by all parties and upon such execution shall retroactively
effective to Jul) 1, 1993. Septemberl,.. L993. -f
NONDISCRIMINATION
The Contractor shall not discriminate against any person
because of race, sex, age, creed, color, religion, or
national origin.
INDEMNITY
The Contractor will indemnify and save harmless the City,
its officers, agents, servants, and employees from and
against any and all suits, actions, legal proceedings,
claims, demands, damages, costs, expenses, and attorneys'
fees arising out of a willful or negligent act or omission
of the Contractor, its off icers, agents, servants and
employees; provided, however, that the Contractor shall not
be liable for any suits, actions, legal proceedings,
claims, demands, damages, costs, expenses and attorneys'
fees arising out of a willful or negligent act or omission
of the City, its officers, agents, servants and employees
or arising out of a claim that the City was not authorized
to award this Contract or such was in conflict with the
terms of a prior Contract executed by the City.
LICENSES AND TAXES
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11 .00
12.00
The Contractor shall obtain all licenses and permits (other
than the license and permit granted by the Contract) and
promptly pay all taxes required by the City and by the
State.
TERM
~C$:g~.;:;;':e;':~::lt~;3 faonrd :n~wiOng( ~~:(~) ~::;~n;~:r;:~~e;: f
The i nit i a I t e r m 0 f t his con t r act ma y bee x ten de d for
successive additional on (1) year terms with the mutual
agreement of both parties.
INSURANCE
The Contractor shall at all times during the Contract
maintain in full force and effect Employer's Liability,
Workmen's Compensation, Public Liability and Property
Damage Insurance, including contractual liability coverage
for the provisions of Section 9.00. All insurance shall be
by insurers and for policy limits acceptable to the City
and before commencement of work hereunder the Contractor
agrees to furnish the City certificates of insurance or
other evidence satisfactory to the City to the effect that
such ins u rance has been procu red and is in force. The
certificates shall contain the following express
obligations:
"This is to certify that the policies of insurance
described herein have been issued to the insured for whom
this certificate is executed and are in force at this time.
In the event of cancellation or material change in a policy
affecting the certificate holder, thirty (30) days prior
written notice will be given the certificate holder."
For the purpose of the Contract, the Contractor shall carry
the following types of insurance in at least the limits
specified below:
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25.00
26.00
ENTIRE CONTRACT
This Contract constitutes the entire understanding between
the parties hereto and cancels and super$edes all prior
negotiations, representations, understandings and
agreements, either written or oral, with respect to the
sub j e ct . ma t te : her eo f . T.hf!.:::.p.~.f(Y.:i:.c):Il:li:.~:c):Il:~:ta~:t:~fJ~:~Ji:v~
.;;J:Il:l..:yJ::;::::1:9:~;3.<::J,s:....::l:t:~:~~bX::::li~t.::..a$lde.:.. :a.;:llcL<.:li.ll.p:er.secft!d . -f
SPECIAL PROVISIONS
26.01
Bin collection service for City of Wylie
facilities shall be provided at no charge.
26.02
Sprin~ Clean-Up Campai~n
(a) Contractor shall provide ten (10) 30-
cubic yard containers in multiple
locations.
(b) Contractor shall provide free collection
and disposal up to 10 hauls of 30 cubic
yards.
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IN WITNESS WHEREOF, We, the
authorized agent, hereto affix
Texas, as of this day of
SEAL of the City of
Wylie, Texas
ATTEST:
City Secretary
contracting parties, by our duly
our signatures and seals at Wylie,
J \:11), 1 993 s.e:p.tember;:.:19~} of
CITY OF WYLIE, TEXAS
A Municipal Corporation of
Collin County, Texas
By:
Mayor
and
City Manager
BROWNING-FERRIS, INC.
By:
District Manager
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ATTACHMENT A
CITY OF WYLIE, TEXAS
REFUSE AND RECYCLING SERVICE
JULY
1993 RATE
Residential - Single Family
~ 8 . 3 0 $ 9.:.:ll f
I
$ 8 . 3 0 $. <9~31 f'
::; 8 . 3 0 $ 9..31 *
Duplex Unit - Per Unit
Trailer Park - Per Unit
Commercial Hand Collect
1. Less than 5, 30 gal. bags per week
2. 5 to 8, 30 gal. bags per week
3. 9 to 12, 30 gal. bags per week
$ 15.72
$ 29.18
$ 42.64
COMMERCIAL SERVICE
10 cu. yd.
1 x week $ 62.30
2 x week $101.25
3 x week $140.18
1 x week $ 68.98
2 x week $111.26
3 x week $152.43
1 x week $ 84.55
2 x week $124.62
3 x week $173.56
1 x week $ 95.68
2 x week $159.11
3 x week $225.86
1 x week $119.04
2 x week $189.19
3 x week $244.78
1 x week $139.08
2 x week $235.87
3 x week $331.55
2 cu. yd.
3 cu. yd.
4 cu. yd.
6 cu. yd.
8 cu. yd.
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ATTACHMENT B
CITY OF WYLIE, TEXAS
PERFORMANCE STANDARDS
I. Residential and Commercial Hand Collection
A . S c h e d u 1 e : Effl-ee- TwIce we e k 1 y . f
B. Hours of Operation: 7:00 a.m. - 7:00 p.m.
C. Placement: Curbside or Alley
D. Approved Containers:
1. Plastic bags, 1.4 mil. thickness, 30 gallons in
capacity.
2. A watertight receptacle of a solid and durable grade
and metal not to exceed thirty (30) gallons in
capacity.
3. Disposable closed containers not greater than 2 feet
x 2 feet x 4 feet.
4. Bundles of brush less than 4 feet in length that can
be handled by one man and placed at the curb.
5. Maximum weight bag, bundle or container: 40 pounds
each.
E. S pill age : Any s pill age caused by us wi 11 be picked up
immediately. Spillage caused by others or by inadequate
containers will be the residents' responsibility.
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