(a) 
Title.
This article shall be commonly cited as the solid waste franchise ordinance.
(b) 
Purpose.
(1) 
This article provides city residents with guidelines for receiving solid waste removal services, to prohibit littering and dumping acts, and establish procedures for approved solid waste disposal in the city limits.
(2) 
The purpose of this article is to promote the public welfare by providing for collection and disposal of residential, commercial, and industrial solid waste.
(c) 
Scope of jurisdiction.
This article applies to all property within the incorporated municipal boundaries (i.e., “city limits”). This article applies to actions taken after the date of enactment.
(d) 
Right of access.
The city or its representatives, including a solid waste franchise, will have the right of access to the customer’s premises at all reasonable times for the purpose of inspecting or repairing solid waste facilities or equipment used in connection with its providing solid waste service, or for the purpose of removing its property if service is terminated. This right of access shall include the right to discontinue solid waste service for nonpayment of solid waste bills. If the city or its agents find that access is blocked as a result of an act or omission of the customer, the customer will be responsible for paying for the service call and for removing any barriers to access to solid waste facilities and equipment.
(Ordinance 2018-O-002, art. II, div. 1, adopted –/–/18)
(a) 
General rules of construction.
Words and phrases used in this article shall have the meanings set forth in this section. Terms that are not defined below, but are defined elsewhere in the Code of Ordinances, shall be given the meanings set forth in the code. Words and phrases not defined in the Code of Ordinances shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense, words in the plural number shall include the singular number (and vice versa), and words in the masculine gender shall include the feminine gender (and vice versa). The word “shall” is always mandatory, while the word “may” is merely directory. Headings and captions are for reference purposes only.
(b) 
Specific definitions.
Alley.
A publicly dedicated or maintained right-of-way, a portion of which is open to use by the public for vehicular travel.
Council.
The city council, the governing body of the city.
Grantee.
The company authorized to provide waste hauling service, Progressive Waste Solutions of TX d/b/a Waste Connections of Texas, to the city, or its successor, transferee, or assignee.
Gross revenue.
All revenues derived directly or indirectly by the grantee, its affiliates, subsidiaries, parent, and any person in which the grantee has a financial interest, from or in connection with the operation of the waste hauling service pursuant to this article. “Gross revenue” shall not include any taxes or fees on waste hauling services furnished by the grantee imposed directly upon any customer by the state, the city or other governmental unit and collected by the grantee on behalf of such governmental units.
Litter.
Any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous solid waste which may be classified as trash, debris, rubbish, refuse, garbage or junk, not placed in a solid waste container.
Person.
A living human including any corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. For purposes of this article it includes pedestrians, bicyclists, and operators of motor vehicles.
Private property.
Includes, but is not limited to, the following locations owned by private individuals, firms, corporations, institutions or organizations: yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreation facilities.
Public property.
Includes, but is not limited to, the following exterior locations: streets, street medians, roads, road medians, catch basins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots, school grounds, municipal vacant lots, parks, other publicly owned recreation and office facilities, and municipal waterways and bodies of water.
Sidewalk.
That portion of a street that is not improved and maintained for vehicular travel.
Solid waste.
Any garbage, rubbish, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, residential, commercial, mining, and agricultural operations and from community and institutional activities.
Street.
A publicly dedicated or maintained right-of-way, a portion of which is open to use by the public for vehicular travel.
Subscriber.
A recipient of waste hauling services under this article.
Trash receptacle.
A metal or heavy-duty plastic receptacle used for the disposal of litter which is accessible to the public and intended for use in the collection of solid waste.
Waste hauling service.
All municipal solid waste collection and removal services provided by the grantee to a customer residing in the city. This term includes collections from residential or residential and commercial customers.
(Ordinance 2018-O-002, art. II, div. 2, adopted –/–/18)
(a) 
Enforcement.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(b) 
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(c) 
Civil remedies.
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article, with each day constituting a separate occurrence, and to seek remedies as allowed by law, including but not limited to the following:
(1) 
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article; and
(2) 
A civil penalty up to one thousand dollars ($1,000.00) a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
(3) 
Other available relief.
(Ordinance 2018-O-002, art. II, div. 4, adopted –/–/18; Ordinance adopting Code)
(a) 
Littering and dumping prohibited; penalty.
(1) 
A person who disposes of litter or engages in dumping, not otherwise prohibited by chapter 365 of the Health and Safety Code, another provision of state law, or this code, commits an offense. An offense under this section is a class C misdemeanor.
(2) 
An offense under this section is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(3) 
Notwithstanding section 6.02(b), Penal Code, proof of a culpable mental state is not required for conviction of an offense under subsection (b)(1) [(a)(1)] of this section.
(b) 
Receptacles required; placement for collection.
(1) 
All residences and commercial or public establishments which generate solid waste for collection shall use trash receptacles with a protective covering to contain litter contents.
(2) 
A trash receptacle, under this section, which does not conform to this section shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the city. Failure to do so within five (5) days of such notification shall constitute a violation of this section.
(3) 
A trash receptacle may only be placed for collection, at most, fifteen (15) hours before the collection time designated by the city or the city’s solid waste disposal contractor. All trash receptacles shall be removed from the curbside within fifteen (15) hours of collection.
(c) 
Declaration of nuisance; civil remedies.
(1) 
Litter not disposed of in accordance with this article or state law, on public or private property within the city limits, is deemed a public nuisance by the city council.
(2) 
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law.
(Ordinance 2018-O-002, art. II, div. 3, adopted –/–/18; Ordinance adopting Code)
The monthly rates and charges for the collection and disposal of solid waste are as set forth in the fee schedule in appendix A of this code. An administrative fee of ten percent (10%) shall be added to each customer’s charge in order to cover the city cost of billing and managing the solid waste contract and customers.
(Ordinance 2018-O-003 adopted 3/16/18; Ordinance adopting Code)
(a) 
It shall be unlawful for a commercial service provider to operate within the city or to occupy or use the streets of the city to provide service to residential, commercial or industrial customers unless the commercial service provider has been issued a franchise by the city which is in force and effect and in accordance with the terms provided herein.
(b) 
The city is hereby authorized to grant a franchise for the provision of municipal solid waste collection services within the city’s jurisdiction.
(Ordinance 2018-O-002, art. III, adopted –/–/18)
(a) 
Exclusivity.
A franchise for solid waste collection shall be exclusive, except for “roll-off service,” also known as construction and demolition waste utilized by commercial business or for construction and demolition purposes, which shall be non-exclusive.
(b) 
Franchise fee.
(1) 
Each franchisee providing solid waste collection service within the city shall pay the city a franchise fee as follows:
(A) 
For non-exclusive franchises, an amount not to exceed ten (10) percent of the gross receipts of the franchisee for services provided by that franchisee within the city;
(B) 
For exclusive franchises, the amount specified in the franchise agreement with the city.
(2) 
“Gross receipts” means any revenue directly or indirectly received or generated from or in connection with any solid waste collection service provided within the city, excluding the following amounts:
(A) 
Annual bad debt write-off amounts on uncollectible accounts for solid waste collection service, provided that the write-off allowed is verified by adequate supporting documentation and does not reduce the annual gross receipts by more than three percent;
(B) 
Revenues received or generated for any solid waste collection service of municipal facilities pursuant to a written contract with the city; and
(C) 
Revenues directly received or generated from the processing of recyclable materials or the selling of recyclable materials after collection.
(3) 
Such franchise fee payment is nonrefundable.
(4) 
The granting of a franchise or the payment of a franchise fee shall not relieve the franchisee of any duty to pay any other amount due for a fee, tax, permit, license, or any other sum of money required to be paid to the city or any other governmental or taxing entity for the operation of a solid waste collection service.
(c) 
Payment.
The franchise fee shall be paid each quarter, within thirty (30) days after the end of the quarter. The city may inspect the books of, and assess a penalty on delinquent amounts if necessary on, a commercial service provider as provided in the franchise agreement.
(d) 
Term.
The franchise shall be in full force and effect for a period not to exceed five (5) years and may be renewed thereafter by mutual agreement of the parties.
(e) 
Termination.
A franchise may be terminated by the city under the following circumstances:
(1) 
As provided by the franchise agreement;
(2) 
The franchisee’s failure to cure any violation of this article or the granted franchise within 30 days of the city’s written notice to of such violation; or
(3) 
Immediately, for any misrepresentation, fraud, or deceit by franchisee to the city or the franchisee’s customers.
(f) 
Notices.
All notices from a commercial service provider to the city concerning the franchise shall be addressed to the mayor or authorized designee of the city.
(g) 
Administrative charge.
The city shall charge an administrative fee on all solid waste bills to recover the administrative cost of handling the solid waste bills and customer service. The fee to be paid shall be included in the city’s fee ordinance and reviewed annually to ensure the fee adequately recovers the costs to the city.
(h) 
Non-waiver.
A commercial service provider shall not be excused from complying with any of the terms and conditions of the franchise by any failure of the city upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.
(Ordinance 2018-O-002, art. IV, adopted –/–/18)
(a) 
Application.
To obtain a solid waste collection franchise, an applicant must submit to the city a proposal for an exclusive franchise or an application on a form provided by the city for a non-exclusive franchise. The applicant must be the person owns, controls, or operates the solid waste collection service or an authorized representative of such person.
(b) 
Exclusive franchise grant.
The city council may award after review and consideration an exclusive franchise to an applicant by ordinance. The terms and conditions of an exclusive franchise will be set forth in the ordinance granting the franchise to the applicant.
(c) 
Non-exclusive franchise grant.
The mayor or designee may issue a non-exclusive franchise for the solid waste collection of “roll-off service.” Terms of a nonexclusive franchise shall be in accordance with the terms of this article.
(d) 
Assessment of damages.
(1) 
The city may assess liquidated damages against the franchisee in the amount and for the reasons provided in the ordinance granting a franchise, if any are so provided.
(2) 
The city may recover damages for any claim arising from or related to any contract between the city and a franchisee for solid waste collection service provided by such franchisee.
(Ordinance 2018-O-002, art. V, adopted –/–/18)