For and in consideration of compliance by the franchisee with the covenants and conditions herein set forth, and the ordinances and regulations of the city governing the collecting and disposing of commercial stationary compactor containers, discarded tire containers, portable toilets, and construction roll-off containers, and upon application and approval as provided herein, the city hereby agrees to grant to a select applicant a franchise to use the public streets and thoroughfares within the corporate limits of the city for the purpose of engaging in a limited business of collecting and disposing of waste generated within the corporate limits of the city.
(Ordinance 12/32 adopted 10/16/12)
Prospective franchisees shall make application to the city manager, or his designee, to be considered for a franchise under the covenants of this division. Said franchise, if granted, shall remain in effect for one (1) year, or until the next succeeding January 1st, when each franchisee is eligible to renew its said franchise. No fee shall be charged for the application and franchise process. Each application shall provide information including, but not limited to, company name, operation address, client listing, and standard operating procedures. Filing deadline for either original service or renewal shall be November 1st preceding the applicable January 1st.
(1996 Code, sec. 6.702)
This franchise shall not be taken or held to imply the relinquishment or waiver by the city of its power to make reasonable requirements or regulations, and the city hereby expressly reserves the right to make all regulations which may be necessary to properly 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 waste collection, and to provide such service as contemplated by this franchise.
(Ordinance 12/32 adopted 10/16/12)
Nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations heretofore adopted by the city, including the right to make such changes and amendments of said rules and regulations as the city may deem to be advisable and necessary to protect the public health and general welfare of its inhabitants.
(1996 Code, sec. 6.704)
It is expressly agreed and understood that the franchisee shall collect and deliver for disposal all garbage, brush, limbs, bulky items, building materials, and portable toilets from commercial establishments and construction sites which are contracted by the franchisee, with the sole exception of hazardous wastes or other prohibited waste as defined by the United States Environmental Protection Agency and the department of state health services. The franchisee shall, at its own expense, furnish personnel to collect garbage, solid waste, and portable toilets and will establish and maintain, in an efficient and business-like manner, such scheduled routes and special schedules as may be necessary to fulfill the waste service requirements of the city. Unless otherwise established by ordinance, collection schedules shall be determined by the franchisee based upon negotiations with the customers. Information on customer locations, routes and schedules shall be supplied to the city as part of the annual application filing.
The franchisee shall submit with its application a standard operating procedure for review, The city council shall review the application and procedure and award a franchise if a vacancy exists and the applicant meets the requirements of this division. The city council shall act on the proposed procedure and application within sixty (60) days after filing.
(Ordinance 12/32 adopted 10/16/12)
The franchisee shall have sole discretion regarding setting and implementation of rates. This franchise is not designed to dictate to the franchisee what rates should be charged to its customers, but rates shall not be in excess of those charged in adjoining cities.
(1996 Code, sec. 6.707)
The franchisee shall be responsible for billing its commercial accounts and collecting payments from its customers. The billing methods and arrangements may, from time to time, be changed by the franchisee, but, in any event, the franchisee agrees to bill customers within fifteen (15) days after the franchisee provides the customer with the service. The franchisee agrees to remit the city’s portion of the collections (street use fees) within twenty (20) days following each billing.
(1996 Code, sec. 6.708)
In consideration of the grant contained in section 13.05.081 above, the franchisee agrees to pay monthly to the city seven percent (7%) of the gross receipts billed to contracted waste accounts for services rendered under the provisions of this franchise to customers within the city limits. The city reserves the right to audit company’s records at any time with seven (7) days’ prior notice.
(Ordinance 16/003 adopted 2/2/16)
The franchisee shall, at its own expense, provide a telephone answering service, or office, to answer calls from 8:00 a.m. until 5:00 p.m. daily, Monday through Friday, excluding such holidays as may be approved by city, for the purpose of handling complaints and other calls regarding collection services provided by the franchisee.
(1996 Code, sec. 6.710)
All vehicles and equipment used by the franchisee for the collection and transportation of commercial garbage, solid waste, or portable toilets shall be clearly marked with the franchisee’s name in letters not less than two (2) inches in height. In the event the city shall at any time require, the franchisee shall also assign to each of its vehicles an identifying number and shall mark the same upon said vehicles in figures not less than two (2) inches in height.
(1996 Code, sec. 6.711; Ordinance 12/32 adopted 10/16/12)
(a) 
The franchisee shall provide, at its own expense, containers to the owner or occupant of any premises wherein it contracts for commercial storage collection of solid waste or portable toilets, subject to the following requirements:
(1) 
All such containers shall be constructed according to reasonable specifications which are acceptable in the industry.
(2) 
All such containers shall be enclosed or equipped with suitable covers to prevent blowing or scattering of refuse or garbage which is being transported for disposal.
(3) 
All such containers shall be maintained by the franchisee so as to be in good repair. The owner or occupant shall be responsible for odor, insect, rodent and scattered waste control in or about containers.
(4) 
All such containers shall be clearly marked with the franchisee’s name and telephone number in letters not less than two (2) inches in height.
(5) 
The above conditions do not apply to temporary container service.
(b) 
Each customer, at his option, may purchase a compactor and the disposal rates will be adjusted appropriately.
(1996 Code, sec. 6.712; Ordinance 12/32 adopted 10/16/12)
The franchisee agrees to dispose of all waste collected within the city at a site approved by the state. The franchisee will be responsible for payment of all disposal fees.
(Ordinance 12/32 adopted 10/16/12)
If at any time the franchisee shall fail to perform any of the terms, covenants or conditions herein set forth, provided such failure is not due to war, insurrection, riot, strike, natural disaster, or any other cause beyond the franchisee’s control, the city may, after a hearing as described herein, revoke and cancel the grant given in section 13.05.081 hereof and the franchise shall be null and void. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to the franchisee by registered or certified mail, addressed to the franchisee at the address shown on the records of the city, and a period of at least ten (10) days has elapsed since the receipt of such notice. The notice shall specify the time and place of the hearing and shall include the specific reasons for revocation of such franchise. The hearing shall be conducted in public by the city council, and the franchisee 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 council shall determine that the charges and allegations set forth in the notice are affirmed by the facts presented at the hearing, they may, by a two-thirds vote of all councilmembers, revoke and cancel the franchise, and the same shall be null and void thirty (30) days thereafter.
(1996 Code, sec. 6.714; Ordinance 12/32 adopted 10/16/12)
The city and the franchisee shall maintain, at their respective places of business, adequate books and records relating to the performance of their respective duties under the provisions of the franchise. The records applicable to the performance of the franchise shall and will be available when wanted for inspection at any time during normal working hours. The franchisee may, at any time, and at the city’s option, be required to cause a formal audit to be made of that portion of such franchisee’s books and records representing the city’s operation or any portion of its other operations which may be allocated or charged to the city operation. The expense of such audit will be paid for by the city, if such audit is required by the city. The city may also appoint a supervisor to overview the franchisee operation.
(1996 Code, sec. 6.715)
(a) 
The franchisee assumes the risk of loss or injury to property or persons arising from any of its operations under the franchise, with the exception of public streets and alleys to be traveled by the franchisee’s vehicles in the normal course of business, and agrees to indemnify and hold harmless the city from all claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorney’s 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 franchisee. The franchisee agrees to carry insurance during the entire term of the franchise as follows:
(1) 
Workers’ compensation covering all employees of such franchisee engaged in any operation covered by the franchise.
(2) 
Automobile and public liability insurance in amounts not less than those established as maximum recovery limits under the Texas Civil Practice and Remedies Code.
(b) 
Such policies of insurance shall be issued by companies authorized to conduct business in the state, and shall name the city as an additional insured. Certificates evidencing such insurance contracts shall be deposited with the city. The policy limits provided herein shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and Remedies Code and the laws of the state relating to workers’ compensation insurance.
(1996 Code, sec. 6.716)
The failure of the city at any time to require performance by the franchisee of any provision hereof shall in no way affect the rights of the city, nor shall any breach of any provisions hereof be taken or held to be a waiver of any provision itself.
(1996 Code, sec. 6.717)