(a) 
No person within the city shall engage in the business of collecting, transporting, or disposing of construction, demolition, compactor, bulky waste, recyclable materials or special wastes produced in the city, as a primary business, without first receiving a nonexclusive franchise to haul waste from the city. The following types of waste and persons hauling waste are hereby exempted from this franchise requirement:
(1) 
Special waste from healthcare-related facilities that has not been treated in accordance with the provisions of 25 TAC 1.136(a);
(2) 
Other regulated medical waste that has not been treated in accordance with the provisions of 25 TAC 1.136(a);
(3) 
Asbestos wastes;
(4) 
Industrial hazardous wastes; or
(5) 
Industrial solid waste not approved for acceptance in the city disposal facility.
(6) 
The city, city employees, and persons contracting with the city engaged in the collection and transportation of solid waste and recyclable materials on behalf of the city.
(7) 
Landscapers who produce yard waste through their regular course of business.
(8) 
Individuals who produce and haul their own waste via personally or commercial owned roll-offs or trailers whose primary business is not to haul waste.
(9) 
Special waste haulers permitted by other local, state or federal agencies.
(b) 
Franchise holders shall only use ten cubic yard or larger roll-offs, or compactors for the collection, transporting, or disposing of waste from commercial or industrial service units and roll-off containers larger than ten (10) cubic yards for residential service units as allowed by law.
(c) 
Franchise holders shall only collect, transport, or dispose of construction, demolition, compactor, bulky waste, recyclable materials or special wastes from residential, commercial, or industrial service units.
(d) 
Franchise holders may place a roll-off or compactor on a residential, commercial or industrial service unit site in compliance with this article with a valid location site permit that was obtained by the property owner.
(e) 
Roll-off placement without location permit.
(1) 
Franchise holders are permitted to place a roll-off or compactor on a construction site at any place determined by the general contractor for which there has not been issued a certificate of occupancy, except said receptacle, shall not be placed on the public right-of-way, easements, or public sidewalks unless allowed in writing by the director. If allowed, traffic cones, barricades, reflective tape, or similar caution devices will be required by the director.
(2) 
A construction site that receives service that is exempt from location site permitting shall be required to provide service information upon the request of the director. The information may include, but not limited to, service provider, invoices, dates of container serviced, and tonnages of disposed or recycled material.
(3) 
Roll-off placement on residential property without a location permit shall be allowed subject to a site notification form completed and provided to the director by the franchise holder prior to placement.
(f) 
Franchise holders may place a roll-off on a residential property with a valid city building permit for the sole purpose of collection and disposing of construction or demolition waste.
(g) 
The following materials are prohibited materials and shall not be placed in a commercial waste or roll-off container for collection:
(1) 
Liquid paint;
(2) 
Liquid wastes;
(3) 
Pesticides;
(4) 
Batteries;
(5) 
Motor oil;
(6) 
Herbicides;
(7) 
Refrigerators;
(8) 
Putrescible waste.
(9) 
Air conditioners; and
(10) 
Tires.
(Ordinance 42-2024 adopted 8/20/2024)
(a) 
Any person desiring a franchise under this article shall submit an application for a franchise with the city on a form approved by the director.
(b) 
At a minimum, the application shall include:
(1) 
Name, address, and telephone number of the applicant and individual who shall have care, custody, and control over containers;
(2) 
Trade name under which the applicant does business or proposes to do business;
(3) 
Texas taxpayer identification number;
(4) 
Class, size, and design of each vehicle;
(5) 
Make, model, year, and license plate number of all vehicles to operate under the franchise;
(6) 
Nature and character of the service the applicant proposes to render;
(7) 
The experience applicant has had in rendering such service;
(8) 
Complete records of all felony convictions against the applicant and every partner, officer, or director of the applicant;
(9) 
A list of all claims or judgments against applicant resulting from the negligent operation of a vehicle;
(10) 
Complete records of all convictions against the applicant and every partner, officer, or director of the applicant for violations of all laws, orders, and ordinances of a city, county, state, or federal government, related to the environment;
(11) 
A sworn statement from applicant that its collection and hauling methods comply with all federal and state environmental standards; and
(12) 
Insurance requirements:
a. 
A franchise holder shall procure and keep in full force and effect no less than the insurance coverage required by this section through a policy or policies written by an insurance company that:
1. 
Is authorized to do business in the state; and
2. 
Is acceptable to the city.
b. 
A franchise holder shall maintain the following insurance coverages:
1. 
The commercial general liability insurance must provide single limits of liability for bodily injury (including death) and property damage of $1 million for each occurrence, with a $2 million annual aggregate.
2. 
Each vehicle of the franchise holder shall maintain business automotive liability insurance with a combined single limit for bodily injury (including death) and property damage of $500,000.00 per occurrence.
3. 
Employer's liability insurance with the following minimum limits for bodily injury by: accident, $500,000.00 per each accident.
4. 
Insurance required under this section must include the following:
(i) 
Cover all franchise holder vehicles during the times that the vehicles are deployed or operating in furtherance of the business;
(ii) 
A provision requiring the insurance company to pay every covered claim on a first-dollar basis; and
(iii) 
Comply with all applicable federal, state, and local laws.
(13) 
Other information that may be relevant to the applicant's fitness to render such services as may be required by director.
(Ordinance 42-2024 adopted 8/20/2024)
(a) 
After receiving an application, the city may make such investigation as considered necessary to determine whether the applicant meets the requirements of law and of this chapter, whether or not the public convenience and necessity require the granting of such franchise, and whether the applicant is qualified to conduct such business.
(b) 
As a condition of granting a franchise, franchisee agrees to carry insurance as set forth in the franchise application.
(c) 
After reviewing the franchise application and conducting the necessary investigation, the city may issue the franchise, issue the franchise with conditions, or may deny the issuance of the franchise. If the franchise is denied, the city shall set forth the reasons for the denial in writing.
(d) 
The franchisee may appeal the franchise condition or denial to the city manager. If the franchisee appeals to the city manager, the city manager, or his designee, may uphold, reverse, or modify the decision. The decision of the city manager or his designee is final.
(Ordinance 42-2024 adopted 8/20/2024)
The applicant may appeal to the city manager the decision based on the request for information as set forth in section 90-122 or the franchise condition or denial set forth in section 90-123. If the applicant appeals the request for information to the city manager, the city manager or his designee may uphold, reverse, or modify the request. The decision of the city manager or his designee is final.
(Ordinance 42-2024 adopted 8/20/2024)
(a) 
All franchises for commercial solid waste service shall be valid from the date executed by all parties and shall terminate on August 31st following the issuance of the franchise.
(b) 
Franchise holders will receive an application for renewal from the director at least 60 days prior to the expiration of a franchise. The renewal application shall update the information provided by the initial application. Applications for renewal shall be processed in the same manner as an initial application. Failure to receive notice is immaterial to this section.
(Ordinance 42-2024 adopted 8/20/2024)
(a) 
If the city finds any requirement of the franchise holder to have been violated, the director may revoke the franchise, deny renewal of the franchise, suspend the franchise for a stated period of time, place the franchise holder on probation or place other conditions thereon as the director finds necessary. Notice of violation(s) shall be served on the franchise holder in person or by mail.
(1) 
Upon receiving notice of any violation(s), franchise holder shall have five business days to remedy the violation(s) or implement a plan, approved by the director, to correct such violation(s) prior to the institution of proceedings for revocation, denial of renewal, suspension, or probation. If the city manager determines that the remedy and/or the plan are sufficient, the director may decide not to proceed with revocation, denial of renewal, suspension, or probation proceedings, or may place other conditions on the franchise.
(b) 
If the director finds that false statements were made on any application, application for renewal, or any submittal required by this article by the franchise holder, agent, or employee of the franchise holder, the director may, after serving franchise holder with notice of the false statements, immediately suspend or revoke the franchise.
(c) 
If the director finds that a violation(s) of the franchise creates a threat to the health, safety, or welfare of the citizens of the city or this state, the director may, after serving franchise holder with notice of the violation(s), immediately suspend or revoke the franchise.
(d) 
The franchise holder may appeal any penalty imposed under this section to the city manager. If the franchise holder appeals to the city manager imposition of a penalty, the city manager or his designee may either uphold, reverse, or modify the penalty. The decision of the city manager or his designee is final.
(Ordinance 42-2024 adopted 8/20/2024)
(a) 
Reports.
Franchise holder shall submit a monthly report to the city. The reports shall become due on the 15th of every month for the previous month of each franchise year. Each report shall contain the following in a format designated by the director:
(1) 
Make, model, year, and license plate number of all vehicles operating under the franchise for the month;
(2) 
Name, address, and telephone number of each customer serviced pursuant to the franchise for the month;
(3) 
Numbers and location of all commercial, residential, construction, demolition refuse containers;
(4) 
The type of service provided to each customer pursuant to the franchise for the month;
(5) 
Copies of all city landfill trip tickets; and
(6) 
The gross amount charged to all customers combined pursuant to the franchise for the month. The amount, in tons, hauled for each customer pursuant to the franchise for the month. Additionally, the franchise holder shall have available, at the franchise holder's local office for inspection by the city, the amount charged to each individual customer for service pursuant to the franchise for the month.
(b) 
Records.
(1) 
Franchise holder shall maintain at a single local location business records of its commercial solid waste service. Such records shall include but are not limited to:
a. 
Inventory of all vehicles;
b. 
Complete listing of all customers within the city, including names, addresses, and telephone numbers;
c. 
Numbers and locations of all roll-off containers and compactors owned by the franchise holder or franchise holder's customers;
d. 
Volumes, in tons, of construction or demolition, compactor, bulky waste, recyclable materials or special wastes collected for each individual customer within the city limits;
e. 
All current and previously submitted monthly and annual reports prepared pursuant to the franchise along with all supporting documentation;
f. 
The total amount charged to each individual customer for service pursuant to the franchise for the current and all previous reporting periods, along with all supporting documentation; and
g. 
The total tonnages hauled for each individual customer for service pursuant to the franchise for the current and all previous reporting periods.
(2) 
A franchise holder shall make its records available for audit or inspection to the director during normal business hours within 15 days of receipt of written notice from the city for such audit or inspection.
(Ordinance 42-2024 adopted 8/20/2024)
All commercial containers used pursuant to a franchise issued under this article shall:
(1) 
If applicable, be constructed according to state and department of transportation regulations;
(2) 
Be equipped with suitable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents;
(3) 
Be cleaned and maintained regularly by franchise holder so as to be in good repair and of good appearance and free of such refuse residues as may cause odor or provide a breeding place for flies or harborage for rodents;
(4) 
Be clearly marked with the franchise holder's name and telephone numbers in letters not less than three inches in height; and
(5) 
Be serviced by franchise holder.
(Ordinance 42-2024 adopted 8/20/2024)
In all cases where franchises have been issued for the collection, removal, and disposal of solid waste, a copy of the commercial roll-off operating franchise shall be in the possession of the person rendering such service and shall be subject to inspection at all times.
(Ordinance 42-2024 adopted 8/20/2024)
Franchise holders shall deliver to the city-owned landfill all commercial, residential, construction or demolition waste collected pursuant to their franchise agreement and this chapter.
(Ordinance 42-2024 adopted 8/20/2024)
The city manager or designee is hereby authorized to enter into franchise agreements under the provisions of this article for the disposal of solid waste by a franchise holder at a city disposal facility. Charges assessed for each vehicle load of solid waste taken to a city disposal facility by a franchise holder shall be based upon the city council approved fee schedule.
(Ordinance 42-2024 adopted 8/20/2024)
(a) 
Franchise hauler shall pay a nonexclusive franchise fee, set by separate ordinance, to operate under this chapter within the city.
(b) 
Annual payment by franchise hauler per vehicle shall be due at a fee set by separate ordinance.
(c) 
Payment of franchisee fee and vehicle fee shall be due at the time of application with vehicle fee due annually thereafter.
(d) 
Site location permit fee shall be billed monthly with the service unit's utility bill until the permit is canceled by the service unit. Fee set by separate ordinance.
(Ordinance 42-2024 adopted 8/20/2024)
All franchises granted by the city for the private collection, removal, and disposal of solid waste shall be nontransferable unless authorized by the director.
(Ordinance 42-2024 adopted 8/20/2024)
(a) 
Any service unit wishing to utilize a franchise holder for roll-off, or compactor service shall first obtain a location site permit.
(b) 
Use of a franchise holder roll-off receptacle is limited to the disposal of construction and demolition waste, bulky waste, cardboard or pallets to be composted or disposed at the city landfill, or scrap metal for recycling by others and it shall be unlawful for the service unit to place any other municipal solid waste in said receptacle.
(c) 
Use of a franchise holder's compactor receptacle is allowed for municipal solid waste service.
(d) 
Permit application:
(1) 
All commercial placements shall be permitted by the city prior to the delivery of a commercial roll-off or compactor by a franchise holder.
(2) 
The minimum the application for a permit shall include:
a. 
Name of business;
b. 
Number of roll-offs or compactors on the commercial site;
c. 
A statement of understanding that household garbage and putrescible waste are not allowed in any roll-off.
d. 
A statement of understanding that when the compactor is not in-service, the site shall immediately contact the city to provide municipal solid waste service.
e. 
The name of the individual who shall have care, custody, or control over all roll-offs, or compactors, and their contents on the location site.
(e) 
Location of roll-offs or compactors:
(1) 
All commercial placements of roll-offs shall be located on an improved surface in a front, side, or rear yard or an area recognized as the primary driveway serving a residence, but shall not be located in any part of a fire lane, maneuvering lane, public right-of-way, public sidewalks, visibility triangle, easements, or impair sight distance.
(2) 
Residential placement shall be placed on the residential lot, and shall not be placed in public right-of-way, public sidewalks, visibility triangle, easements, or impair sight distance. These requirements may be waived with prior written approval from the director. If allowed, traffic cones, barricades, reflective tape, or similar caution devices will be required by the director
(3) 
Residential roll-off containers located on residential properties are only allowed to remain on the property for no more than twenty (20) consecutive days unless the property owner is using the roll-off in conjunction with an active building permit issued by the city.
(f) 
Service units shall be required to provide service information upon the request of the director. The information may include, but not limited to, service provider, invoices, dates of container serviced, and tonnages of disposed or recycled material.
(g) 
Service unit shall allow the city to inspect permitted locations and containers.
(Ordinance 42-2024 adopted 8/20/2024)
(a) 
If the city finds any requirement of the location site to have been violated, the director may revoke the location site permit, deny renewal of the location site permit, suspend the location site permit for a stated period of time, place the location site permit on probation or place other conditions thereon as the director finds necessary. Notice of violation(s) shall be served on the location site permit holder in person or by mail.
(b) 
Upon receiving notice of any violation(s), location site permit holder a violator shall have five business days to remedy the violation(s) or implement a plan, approved by the director, to correct such violation(s) prior to the institution of proceedings for revocation, denial of renewal, suspension, or probation. If the city manager determines that the remedy and/or the plan are sufficient, the director may decide not to proceed with revocation, denial of renewal, suspension, or probation proceedings, or may place other conditions on the violator.
(c) 
It is unlawful for a person to remove or cause the removal of solid waste or recyclables from a city-owned commercial container placed for collection.
(d) 
It is an exception to an enforcement action brought for a violation of subsection (a) above that the person was:
(1) 
A sanitation worker employed by the collector who is engaged in city commercial collection service.
(2) 
A peace officer acting in his or her official capacity.
(e) 
It is unlawful for a person to:
(1) 
Place prohibited material in a roll-off container for collection in violation of this chapter; or
(2) 
Allow prohibited material placed in a commercial waste or roll-off container for collection in violation of this article to remain on property under his or her control.
(f) 
Any violation of any provision of this chapter for each day or portion of a day during which the violation is committed, continued or permitted shall be considered a class C misdemeanor, punishable by a fine.
(g) 
If the director finds that a violation(s) of the location site creates a threat to the health, safety, or welfare of the citizens of the city or this state, the director may, after serving location site permit holder with notice of the violation(s), immediately suspend or revoke the location site permit.
(h) 
The location site permit holder may appeal any penalty imposed under this section to the city manager. If the location site permit holder appeals to the city manager for imposition of a penalty, the city manager or his designee may either uphold, reverse, or modify the penalty. The decision of the city manager or his designee is final.
(Ordinance 42-2024 adopted 8/20/2024)