HomeMy WebLinkAbout2004-2766 - Ordinance - 11/09/2004
ORDINANCE NO 2766
AN ORDINANCE ASSIGNING THE CITY OF COLLEGE STATION'S FRANCHISE AGREEMENT
WITH MINI-DUMPSTER TO CCAA. LLC, DBA BCS STOP 'N GO POTTIES FOR THE USE OF
ROLL-OFF CONTAINERS LOADED BY WINCH TRUCK IN HAULING RESIDENTIAL
CONSTRUCTION AND DEMOLITION DEBRIS
WHEREAS, the City CouncIl of the City of College Station granted a franchise to MINI-DUMPSTER a
company whose sole proprietor was Samuel Smnh with effective dates of February I. 2003 through
January 31. 2005
WHEREAS. Samuel Smith sold MINI-DUMPSTER to Ruben Escalante who now deSIres the asslgnrnent
of FranchIse No 2607 to CCAA, LLC domg business as BCS STOP 'N GO POTTIES contlllgent on final
c10slllg on the sale of MINI-DUMPSTER. now. therefore
PART I
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STA nON. TEXAS
PART 2
PART 3
PART 4
PART 5
That Ruben Escalante as sole proprietor of MINI-DUMPSTER IS herby condlllonally
subslltuted and approved as successor m interest to and havlIlg all rights. obllgallons and
priVileges as set out m Franchise No 2607 contmgent upon receipt of an acceptance letter and
an acceptable Cenlficate of Insurance from Mr, Escalante
That Ihe assignment to Ruben Escalante IS conditioned upon Mr Escalante assummg all
rights, obligations and prIVIleges as set out m Franchise Ordmance No ~607
That CCAA, LLC domg busllless as BCS STOP 'N GO POTTIES. IS herby conditionally
subslltuted and approved as successor m IIlterest to and havmg all rights. obligations and
priVileges as set out m Franchise No 2607 conl1ngent upon the successful purchase of MINI-
DUMPSTER from Mr, Escalante and upon the receIpt of an acceptance letter and an
acceptable Certificate of Insurance from CCAA. LLC domg busmess as BCS STOP 'N GO
POTTI ES
That the assIgnment to CCAA. LLC domg busllless as BCS STOP 'N GO POTTIES IS
condllloned upon CCAA. LLC domg busllless as BCS STOP 'N GO POTTIES assummg all
rights, obllgallons and priVileges as set out m FranchIse Ordmance No 2607,
ThaI this ordmance shall become effective ten (10) days after the date of passage by the City
COllncll. as prOVided by Secllon 35 of the Chaner of the City of College Stal10n
PASSED, ADOPTED AND APPROVED this 9th day of November, 2004
A~EST, . ~
l~
CONNIE HOOKS. Cny Secretary
APPROVED
APPROVED
~ A~-4,,;.
RON SI IA,'F-Iayor
,------.-------- - - --------
0- !-S1gnecl by .."..y cargI~/~~
.~~dlf"""?"~
I..'!::.....
City Attorney
MINI DUMPSTER
P,O, Box 4770, . Bryan, Texas 77805
979-778-9803 .Fa 979-778-9823
To' City orCoIIep Station
Date. October 5, 2004
Att Olivia Burnside
We would like to submit this letter as owner and operator oftbe company named
Mini Dumpsters, cunentIy operating out of 1708 Gooseneck Drive doing business in the
city ofCoUege Station Tens under Ordinance No 2607 commercial roU-offdumpster
operation Please accept this as officia1 notification that CCAA, LLC, DBA STOP'N GO
POTIlES located at P,O Box 5449 Bryan Texas 77805, will talc:e ownership of the
company Mini Dumpsters,
I would like to talc:e this opportunity to thank you for your cooperation and
assistance, and would ask that you please contact me if you require any further details
regarding this transfer
Sincerely,
U~
Ruben Escalante
Date: ~h
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Ordinance number (If applicable) :2 60 7
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Type of document
Date of document.
Originator,
Document destination
Version (If applicable)'
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Charlie - full rights
Olivia - read rights
Everyone - read rights (fj}J1 no
ORDINANCE NO. 2607
AN ORDINANCE GRANTING THE MINI-DUMPSTER, ITS SUCCESSORS AND
ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF
PUBLIC STREETS, ALLEYS AND PUBLIC WAYS WITHIN THE CORPORATE LIMITS
OF THE CITY OF COLLEGE STATION FOR THE PURPOSE OF ENGAGING IN THE
BUSINESS OF COLLECTING DEMOLITION AND CONSTRUCTION DEBRIS FROM
RESIDENTIAL SITES, PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS,
AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED,
PROVIDING FOR THE CONSIDERATION, FOR PERIOD OF GRANT; FOR
ASSIGNMENT; FOR METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING
ORDINANCES; FOR PARTIAL INVALIDITY AND ASSESSING A PENALTY FOR
VIOLATION.
WHEREAS, the City of College Station, by ordinance, prOVides exclusively all
solid waste collection and disposal services for solid waste generated from within the
corporate limits of the City of College Station; and
WHEREAS, the City of College Station may, by ordinance and charter, grant
franchises to other entities for the use of public streets, alleys and thoroughfares within
the corporate limits of CITY and for the collection and disposal of solid waste generated
from within the corporate limits of the City of College Station; and
WHEREAS, the City of College Station desires to exercise the authority provided
to it by ordinance and charter to grant a franchise for the collection and disposal of a
certain classification of solid waste generated within the corporate limits of the City of
College Station under the tenns of this Agreement as set out below; and
WHEREAS, MINI DUMPSTER desires to obtain a franchise to provide for the
collection, hauling and disposal of construction debris solid waste from the City of
College Station; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEGE STATION, TEXAS, THAT:
I,
DEFINITIONS
1. Franchise Agreement. Means this franchise between the City of College
Station and MINI-DUMPSTER for provision of residential roll-off container service within
College Station, under certain tenns and conditions set out herein.
2, Brazos Valley Solid Waste Management Agsncy or BVSWMA means a
landfill jointly owned by the Cities of Bryan and College Station and operated by the City
of College Station on behalf of the cities as authorized through an interlocal agreement.
Ordinance No 2607
Page 2
3, City of College Station or CITY means the City of College Station, Texas a
Home-Rule MUnicipal Corporation incorporated under the laws of Texas,
4, City Council or "COUNCIL" means the governing body of the City of
College Station, Texas,
5 Customers means those areas zoned for single family, duplex, and
quadraplex uses located within the CITY that generate demolition/construction debriS
Not Included are multi-family dwellings that are attached to each other such as
apartments and town homes,
6, Demolition/Construction Debris means any building material waste
resulting from demolition, remodeling, repairs, or construction as well as materials
discarded during periodic temporary facility clean-up generated within the City of
College Station
7, Roll-Off Containers or container means that type of solid waste industry
container loaded by winch truck not to exceed fifteen (15) cubic yards in volume
B Samuel Smith d/b/a The Mini-Dumpster means a sole proprietorship
wholly owned and operated by Samuel Smith conducting roll-off container
demolition/construction debris collection service,
9. Residential customers means any residential dwelling that is owned or
occupied by a reSident in the City of College Station whether as owner, lessee or
tenant.
II.
GRANT OF NONEXCLUSIVE FRANCISE
For and in consideration of the compliance by MINI-DUMPSTER with the
convenants and conditions herein set forth CITY hereby grants to MINI-DUMPSTER a
NONEXCLUSIVE franchise for use of designated public streets, alleys and
thoroughfares within the corporate limits of City for the sole purpose of engaging in the
business of collecting only demolition and construction debris from those areas zoned
for single family, duplex, and quadraplex within the jurisdictional limits of CITY using
roll-off containers from residential customers.
III,
DISPO~AL SITE TO BE USED
Unless approved otherwise In writing by ASSISTANT DIRECTOR OF PUBLIC
WORKS, MINI-DUMPSTER shall utilize the BVSWMA landfill located on Rock Prairie
Road, College Station, Texas or any other site designated for their municipal solid
waste disposal for the disposal of all demolition and construction debriS collected by
Ordinance No
2607
Page 3
MINI-DUMPSTER under this franchise MINI-DUMPSTER shall not dispose of any
asbestos or other hazardous wastes at the BVSWMA landfill.
IV
RATES TO BE CHARGED BY MINI-DUMPSTER
Attached hereto as Exhibit "A" and incorporated herein by reference IS the
Schedule of Rates, which MINI-DUMPSTER shall charge for the aforementioned
services The rates provided herein shall be renegotiated at any time that the costs to
the company of dOing business have increased, due to the operation of new
governmental regulation or due to increased costs of material or labor required to
provide the services hereunder, or due to increased costs of disposal in a landfill
operation, MINI DUMPSTER agrees to use due diligence to keep costs from
increasing,
V.
PAYMENTS TO CITY
For and in consideration of the grant of the franchise herein, MINI-DUMPSTER
agrees and shall pay to CITY upon acceptance of this Agreement and thereafter during
the term hereof, a sum equivalent to five percent (5%) of MINI-DUMPSTER's monthly
gross delivery and hauling revenues generated from MINI-DUMPSTER's provision of
demolition/construction debris roll-off container collection services within the CITY
excluding landfill tipping charges This exclusion is limited only to the amount BVSWMA
charges MINI-DUMPSTER for landfill tipping charges. Any revenue received by MINI-
DUMPSTER in excess of the landfill tipping charges will be subject to the franchise fee
and shall be computed into MINI-DUMPSTER's monthly gross delivery and hauling
revenue. Said payment shall be paid quarterly to the City Manager or her delegate and
shall be due by the twentieth of the month following the end of the previous quarter,
Payment after that date shall incur a ten percent (10%) late fee on the outstanding
amount owed under this Article V.
Failure by MINI-DUMPSTER to pay any amount due under this franchise,
constitutes a Failure to Perform under this contract and subject to the provisions of
Article XV of this Agreement (FAILURE TO PERFORM)
VI.
, ACCESS TO RECORDS & REPORTING
CITY shall have the right, upon reasonable notice, to inspect during normal
business hours MINI-DUMPSTER's records, billing records of those customers served
by MINI-DUMPSTER and all papers relating to the operation of construction debris
collection and disposal with CITY, MINI DUMPSTER shall cooperate in allowing the
City to conduct the inspections.
Ordinance No 2607
Page 4
The following records and reports shall be flied quarterly with the City Manager or
her delegate'
A Reports of the results of all complaints and investigations received and
action taken by MINI-DUMPSTER.
B A listing of all MINI-DUMPSTER accounts served and monthly revenue
derived from roll-off containers placed in the CITY under terms of this franchise. The
reports will include customer's name, address, frequency of pick-up, size of container,
and monthly charges,
VII.
PLACEMENT OF ROll-OFF CONTAINERS
All roll-off containers placed in service shall be located In such a manner so as
not to be a safety or traffic hazard. Under no circumstances shall MINI-DUMPSTER
place containers on public streets, alleys and/or thoroughfares without the prior wntten
approval of the CITY. CITY reserves the right to designate the exact location of any or
all roll-off container(s) It places In service in CITY.
VIII.
CONTAINER AND EQUIPMENT MAINTENANCE
MINI-DUMPSTER agrees to properly maintain in a safe, clean and sanitary
condition, and paint all roll-off containers placed out for service within the CITY,
All eqUipment necessary for the performance of this franchise shall be in good
condition and repair.
All vehicles used by MINI-DUMPSTER in the removal of demolition and
construction debris shall be covered during transport to prevent spillage, blowing, or
scattering of refuse onto public streets or rights of way, private property or adjacent
property, A standby vehicle shall always be available.
MINI-DUMPSTER's vehicles shall at all times be clearly marked With MINI-
DUMPSTER's name, address, telephone number and if applicable, state permit
number, in letters not less than three (3) inches in height.
IX.
COMPLAINTSlREGARDNIG SERVICE/SPilLAGE
MINI-DUMPSTER shall handle directly any complaints pertaining to customer
service, property damage or personal injury from their roll-off container service, Any
such complaints received by CITY shall be forwarded to MINI-DUMPSTER within
twenty-four (24) hours of their receipt by CITY. MINI-DUMPSTER shall respond to all
complaints within twenty-four (24) hours of receiving notice of such complaint from
Ordlllance No
2607
Page 5
CITY, resolve such complaints promptly and shall report to CITY the action taken,
Failure by MINI-DUMPSTER to respond and report to CITY on action taken within this
twenty-four (24) hour period may subject MINI-DUMPSTER to a $25.00 per Incident
charge from CITY payable with the next payment due CITY under Article V of this
Agreement.
X
COMPLIANCE WITH LAWS
MINI-DUMPSTER shall comply with all applicable federal, state and local laws,
policies, rules and regulations, and ordinances with regard to the collection, hauling
and disposal of solid waste, including but not limited to the requirement that all persons
on the BVSWMA landfill premises wear a hard hat. All operations conducted by MINI-
DUMPSTER shall be conducted without unnecessary noise, disturbance, or commotion
XI.
UNDERSTANDINGS PERTAINING TO NON-EXCLUSIVITY
ThiS franchise contains all the tenns and conditions agreed on by the parties and
no other agreements, or otherwise, regarding the subject matter of this franchise shall
be of any force or effect
Both parties agree and understand that nothing in this agreement conveys to
MINI-DUMPSTER an exclUSIVe franchise for the services described In this franchise
and that this franchise is non-exclusive.
XII.
OWNERSHIP OF MATERIALS
Sole and exclusive title to all demolition and construction debriS collected by
MINI-DUMPSTER under this Agreement shall pass to MINI-DUMPSTER when said
debris is placed on MINI-DUMPSTER's truck.
XIII
CITY SERVICE
MINI-DUMPSTER agrees to provide free service to CITY following natural
disasters or Acts of God,
XIV,
INTERRUPTION OR TERMINATION OF SERVICE
A. Tennination in Service. In the event that MINI-DUMPSTER tenninates
service to any customer within the CITY's limit, MINI-DUMPSTER must notify CITY
through registered mail within forty-eight (48) hours of tennination and state the cause
of such tennination.
Ordinance No
2607
Page 6
8, Excessive InterruDtion in Service. If the interruption in service continues
for a period of seventy-two (72) hours or more, then It may constitute Failure to Perform
under this contract and CITY may Invoke the proVisions of Article XV of this Agreement
(FAILURE TO PERFORM),
XV
FAILURE TO PERFORM
It is expressly understood and agreed by the parties that if at any time MINI-
DUMPSTER shall fail to perform any of the terms, covenants, or conditions herein set
forth, CITY may after hearing as described herein, revoke and cancel the Agreement by
and between the parties and said Agreement shall be null and void, Upon the
determination by the staff of CITY that a hearing should be held before the Council of
said CITY, CITY shall mall notice to MINI-DUMPSTER, at the address designated
herein or at such address as may be designated from time to time, by registered mail.
The notice shall specify the time and place of the hearing and shall include the
allegations being asserted for the revocation of this Agreement. The hearing shall be
conducted in public before the City Council and MINI-DUMPSTER shall be allowed to
present evidence and given an opportUnity to answer all reasons for the termination set
forth in the notice, In the event that the Council determines that the allegations set forth
are true as set forth In the notice it may by majority vote cancel this Agreement between
the parties at no penalty to the CITY.
XVI.
INDEMNIFICATION
In the event CITY is damaged due to the act, omission, mistake, fault or
default of MINI-DUMPSTER, then MINI-DUMPSTER shall Indemnify and hold CITY
hannless for such damage.
MINI-DUMPSTER shall Indemnify and hold CITY hannless for any disposal
of any solid waste for which the BVSWMA landfill Is not pennitted whether
Intentional or Inadvertent
MINI-DUMPSTER shall Indemnify and hold CITY hannless from any and all
injuries to or claims of adjacent property owners caused by MINI-DUMPSTER, Its
agents, employees, and representatives.
MINI-DUMPSTER agrees to and shall Indemnify and hold the CITY , Its
omcers, agents and employees, harmless from and against any and all claims,
losses, damages, causes of action, suits, and liability of every kind and character,
including all expenses of litigation, court costs, and reasonabls attorney's fees,
for Injury to or death of any pereon, or for damage to any property, arising out of
or In connection with the services provided and business opereted by MINI-
DUMPSTER under this contract, regardless of whether such InJuries, death or
Ordinance No
2607
Page 7
damages are caused In whole or in part by the negligence, Including but not
limited to the contractual comparative negligence, concurrent negligence or
gross negligence, of CITY.
XVII.
INSURANCE
MINI-DUMPSTER shall procure and maintain at Its sole cost and expense
for the duration of the Agreement Insurance against claims for Injuries to persons
or damages to property which may arise from or In connection with the
perfonnance of the work hereunder by MINI-DUMPSTER, Its agents,
representatives, volunteers, employees or subcontractors.
MINI-DUMPSTER's insurance coverage shall be primary insurance with
respect to the CITY, It's officials, employees and voluntesrs. Any Insurance or
self-insurance maintained by the CITY, its officials, employees or volunteers shall
be considered in excess of the MINI-DUMPSTER's insurance and shall not
contribute to it
MINI-DUMPSTER shall Include all subcontractors as additional Insured
under Its policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
Certificates of Insurance and endorsements shall be furnished to CITY and
approved by CITY before work commences.
A. STANDARD INSURANCE POLICIES REQUIRED
1. Commercial General Liability Policy
2. Automobile Liability Policy
3. Worker's Compensation Policy.
B.
GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES
1. General Liability and Automoblls LIability Insurance shall be
written by a carrier with a B + VII or better rating In accordance
with the current Best Key Rating Guide.
2. Only Insurance Carriers licensed and admitted to do business
In the State of Texas will be accepted.
3. Deductlbles shall be listed on the Certificate of Insurance and
are acceptable only on a per occurrence bases for property
damage only.
4. Claims Made Policies will not be accepted.
5. The City of College Station, Its officials, employees and
volunteers are to be added as "Additional Insured" to the
General Liability and the Automobile LIability policls8. The
coverage shall contain no special limitations on the scope of
<::I
Ordinance No
2607
Page 8
protection afforded to the CITY, it's officials, employees or
volunteers.
6. A Waiver of Subrogation in favor of the City of College Station
with respect to the General Liability, Automobile Liability, and
Workers' Compensation insurance must be Included.
7. Each Insurance policy shall be endorsed to state that coverage
shall not be suspended, voided, cancelsd, reduced in
coverage or In limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been
given to the City of College Station.
8. Upon request, certified copies of all Insurance policies shall be
furnished to the City of College Station.
C. COMMERCIAL GENERAL LIABILITY
1. Minimum Combined Single Limit of $2,000,000 aggregate with
$1,000,000 per occurrence for Bodily Injury and Property
Damage.
2. Coverage shall bs at least as broad as Insurance service's
Office form number CG 00 OL.
3. No coverage shall bs deleted from the standard policy without
notification of Individual exclusions being attached for review
and acceptance.
D. AUTOMOBILE LIABILITY
1. Minimum Combined Single Limit $1,000,000 combined single
limit per occurrence for Bodily Injury Property on any auto.
2. The Business Auto Policy must show Symbol 1 In the Covered
Autos Portion of the liability section on Item 2 of the
declarations page.
E. WORKER'S COMPENSATlON
1. Employer's Liability limits of $500,0001$500,0001$500,000 are
required.
2. City of College Station shall be named as Alternate Employer
on endorsement WC 99 09 01 unless written through TWCARP.
3. Texas must appear In Item 3A of the Worke...' Compensations
coverage or Item 3C must contain the following: All States
except those listed in Item 3A and the States NV, NO, OH, WA,
WV,WY.
F. CERTIFICATES OF INSURANCE
1. Certificates of Inaurancs shall be prepared and executed by
the insurance company or Ita authorized agent, and shall
contain provisions representing and warranting the following:
a. The company is licensed and admitted to do business In
the State of Texas
Ordinance No
2607
Page 9
b. The Insurance set forth by the insurance company are
underwritten on forms which have been approved by the
Texas State Board of Insurance or ISO.
c. Sets forth all endorsements as required above and
Insurance coverages as previously set forth herein.
d. Shall spsclfically set forth the notice of cancellation,
termination, or change In coverage provisions to the
City of College Station.
e. Original endorsements affecting coverage required by
this section shall be furnished with the certificates of
Insurance.
XVIII.
ASSIGNMENT
This Agreements and the rights and obligations contained herein may not be
assigned by MINI-DUMPSTER without the specific prior written approval of the City
Council
XIX.
SAFETY AND LIABILITY FOR INJURIES TO CITY OR ABUTTING PROPERTY
MINI-DUMPSTER shall perfonn the collection in accordance with the applicable
laws, codes, ordinances and regulations of the United States, State of Texas, Brazos
County, and City of College Station and in compliance with OSHA and other laws as
they apply to its employees It is the intent of the parties that the safety precautions are
a part of the collection techniques for which MINI-DUMPSTER is solely responsible In
the carrying on of the services herein provided for, MINI-DUMPSTER shall use all
proper skill and care, and MINI-DUMPSTER shall exercise all due and proper
precautions to prevent injury to any property, or person(s),
MINI-DUMPSTER assumes responsibility and liability and hereby agrees to
Indemnify and hold the City of College Station harmless from and against any and
all claims, losses, property damage, personal Injury or death arising out of or In
connection with MINI-DUMPSTER's failure to comply with applicable federal, state
or local laws and regulations, touching upon the maintenance of a safe and
protected working environment, and the safe use and operation of machinsry and
equipment In that working environment.
MINI-DUMPSTER shall pay for all damages to City property resulting from
the operation of its service and shall pay to every owner of property abutting the
residential property on which the mini dumpster Is located that Is Injured by the
operation of the franchise all physical damage caused by any act or omission of
MINI-DUMPSTER or of any of Its subcontractors or employees In the operation of
the MINI-DUMPSTER servics.
Ordinance No
2607
Page 10
xx
AD VALOREM TAXES
MINI-DUMPSTER agrees to render all personal property utilized In its solid waste
operation serviceS provided to Brazos County Appraisal District so that said personal
property will be the subject of ad valorem taxation for the benefit of CITY
XXI.
NOTICES AND PAYMENTS
All notices and payments required under the terms of this Contract to be given by
either party to the other party shall be in writing, and unless otherwise specified in
writing by the respective parties, shall be sent to the parties at the addresses follOWing
Charlie Shear
City of College Station
P,O. Box 9960
College Station, Texas 77842
Samuel Smith
dlb/aThe Mini-Dumpster
5025 Iris Lane
College Station, Texas 77845
All notices shall be deemed to have been properly served only if sent by
Registered or Certified Mall, to the person(s) at the address designated as above
provided, or to any other person at the address which either party may hereinafter
designate by written notice to the other party.
XXII.
PENALTY
Any person, firm or corporation violating any provision of this ordinance shall be
fined not exceeding $2,000.00 for each offense and each and every day said violation
continues constitutes a separate offense.
XXIII,
AMENDMENTS
It is hereby understood and agreed by the parties to this franchise that no
amendment to the terms of this franchise shall be made unless made in writing,
approved by both parties, and attached to this Agreement to become a part heraof
Ordinance No
2607
Page 11
XXIV,
SEVERABILITY
If any section, sentence, clause or paragraph of this Ordinance is for any reason
held to be Invalid or Illegal, such invalidity shall not affect the remaining portions of the
Ordinance
XXV
AUTHORIZATION TO EXCECUTE
The parties signing this Agreement shall provide adequate proof of their authority
to execute this Agreement. This Agreement shall inure to the benefit and be binding
upon the parties hereto and their respective successors or assigns, but shall not be
assignable by eIther party without the wrilten consent of the other party,
XXVI,
TERM OF FRANCHISE.
The tenn of this Agreement shall be for a penod of two (2) years beginning on
the 111 day of February, 2003.
XXVII.
ACCEPTANCE OF FRANCHISE
This grant of franchise and its tenns shall be accepted by MINI DUMPSTER by a
written instrument, executed and acknowledged, filed with the City Secretary with thirty
(30) days after the date of its passage. The written Instrument shall state the
acceptance of this franchise and its tenns. MINI DUMPSTER shall agree in the
instrument to abide by the tenns and declare that the statements and recitals in it are
correct,
This franchise shall take effect sixty (60) days after the date of its passage by the
City CounCil provided fonnal acceptance of the tenns by MINI DUMPSTER is filed with
the City Secretary within the time provided herein.
XXVIII.
PUBLIC MEETING
It is hereby found and detennined that the meetings at which this ordinance was
passed were open to the PUbIC, as required by TEXAS GOVERNMENT CODE S 551 (Vernon
2002), as amended, and that advance publiC notice of time, place, and purpose of said
meetings was given.
Ordinance No
2607
Page 12
PASSED, ADOPTED and APPROVED by a majority vote of the City Council of the City
of College Station on this the 23rd day of Januarv , 2003
THE MINI-DUMPSTER
BY, d.,./~~
Samuel Smith, Sole Proprietor
Date: /.;1- ?~nl..
CITY OF COLLEGE STATION
BY'~~~J~~
Ron SilVia, Mayor
Date: dt-2.1 -0%
ATTEST:
~~I
CONNIE HOOKS, City Secretary
Date: .!)/~S-; 1)3-
, I
APPROVAL:
of Fiscal
~~~
HARVEY CARGILL, JR., City A orney
Date: I~ -1'-oa.
Ordinance No
2607
First Consideration and Approval'
Second Consideration and Approval'
Third Consideration and Approval:
Page 13
/ '2;//5'/2
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1/2-3/3
, .
OrdInance No
2607
Page 14
Exhibit "A"
SCHEDULE OF RATES
The Mini Dumpster
Rates for a fourteen yard dumpster.
$75.00 plus dump fee or
$110.00 minus dump fee
$1.00 per day fee after two wee~s on location without dumping
Ordinance No
2607
Page 15
Exhibit "B"
CERTIFICATES OF INSURANCE
ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATt:CIllllDDlYY)
11/11/ZOOZ
.......... (979)764-8444 FAX (979)&94-7603 THIS CERTIFICATE /8 ISSUED AS A MATTER OP INFORMATION
Dexter I C~ny of Cl!Iltral Texas, Inc. . ClNL'f AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOI!lI NOT AMEND, EXTEND OR
1509 E_rald Parkway AI. TER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Suite 103
Coll""" Station, TX 77I4S INSURERS AFFORDING COVERAGE
......... San! ~1tII ......,. .. Scottsdale Insuranea AT 111/
DIIIl: The Ntn1 Du""star -... Texas Mutual Insuranca Canlany ""'__ < ""...
SDZ 5 Iri s lalli! --.
College Stat10n. TX 77143 -..oR..
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CClVEIWlES
THE POlICIES OF INSURANCE LISTED BELOW HAVE _,Hueo TO THE INSURED NAIlED AIIOYE FOR THE PQLJC'f PERIOD INDICATED. N01WITHSTANIlING
NIt REOlnREUENT. TERM OR CONDITION OF AIIf CON'TRACT OR OllER DOCU.II!NT wmt RESPECT TO WHICH Tta CERnFICATE MAV BE ISSUED OF
MA'fPERl'A1N, THE INSURANCE AFF<IRIleD B'f THE POUClEI DEBCRlllEO HEREIN IS BLllJECT TO ALL lHE 1ERIIS. ElCCWIIONS AND CONIlITIONS OF SUCH
_ICIES, _GATE LIMITS SHOWN MA'f HAVE _ REIlllCEO B'f PAID CINMI
I'YN Of ---=- POUCY"'-"
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EL EACIIACCIDENT
E.L IIIIEUE-EA
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'""'l!il:~o:n:.'f::;oc;~rs--=.::":3cR:r:.":l-rn:=~ waiver of subrogation and 30 days
tice of cancellation with regards to the General Liability and on Workers Compensation 3D days notice
f cancellation. Deductibla on GL -0-.
CER1IFICATE HOUlER
X ADDrI'IQNAL MURED,IIIIURIJI LDTIR'
CANCELlATION
IHDUI.D NfY OF 1IIIMtOVl! DUGR.I!D PCIJCeU IE CANCl!LLED IEPORI! 1HI!
EXPIRATION DA'I'!. 'RIDIeOP. THE..... CC*IWIY'W1LLIiICl!AVOR: TO lUlL
-ll-DAYIi WRITTEN ND11CE TO TIll! CU11F1CAYE HDUH!II NAIIlD TO"" Lln,
IIUT'M.~ TO IIAIL BUCHIICmCI! StlALL.11II'011 1II0000UGAlION DIll LlAHJTY
0' AIt't telJI:J UPON.... COIIWIY'. rrlAGENT8QRIU!'IIDENTATMII
AUIHO__""'AtM
TION t_
City of Coll_ Station
Mr. Charlie Shear
Box 99&0
College Station, TX nl4Z
ACORD:zs.a (7/171 FAX. 764-3164
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IMPORTANT
II the ceruficate holder I. an ADDITIONAL INSURED. the pollcy{Ie.) must be endOl8lld A statement
on thla certltlcate _I not confer rtghll to the certlllcete hokler In lieu of such enclonlemenl(I),
If SUBROGATION IS WAIVED, aubj8ct to the terml and conclltlone of the policy. certain poIlaea may
require an encIorwment A ltetement on lhIa certificate _I not confer ~ghts to the certfficate
holder In leu of Buch endoroemenl(B),
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DISCLAIMER
_.iI..
IC-...
The Cerllficote of Insurance on the raverae BIde ofthl.1onn do.. not conodtute a conInIcI between
the IlI8UIng mBUr8r(B), authortzed repoeB8nllltlve or producer. and tha cartJflC8\e holcler, nor does ft
8fllnn8tlWlIy or negalMlly 8II1and, extend or alter the coverage aflOlded bV tha polcleBllated thereon
o\CORD 25-11 (711I1)
NOU-21-2B02 16'31
ACORD.. CERTIFICATE OF LIABILITY INSURANCE
P.Il2.11l2
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..11_
1112112002
PioDiic... -- - THIi i:IRT1FlcATl! IIIS1U1!D.M A IIATTM OF INFORIIATIlltI
The H_ ApIlCleC, IDe, ONL V AND CONI'UI NO RIll UI"ON THE CI!R1lFICATE
211 H'gblwl CroI. 1I215O HOLD.'" THII CERTlRCATI DOl!I NOT AM&NfLIDmlD OR
Houotoa TX '77073 Al.TI!R THI! AI'I'ORDI!D IV THB 1'0 ICII!S laDW.
INSUR_I APl'ORDING CClV&RAGE
,- VII... Tee, Inc:, -.,
P.O, Box '214 _.. UaiGD SladIrd JIll. CD. A It'
BryuJ TX naos _Cl I
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ALL CMtIEDNJI'OI
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COVI!ItAGES
TH~ I'ClUCIElllf IIliUIWICE USTm -ow HAVE BEEN IisI8i 1O'IHI!....lJRED __1'01I _ __Clll_TED Nln>WiHsrAiiiiNG
NlV__ TEAM CIII CONlITION OF _ CClN11W:T OR 01HER lIOCUIIl!NI' WItH _PEer 10 YItlIQf 1HIII carT1'IC<lTE MAY IE IISUED OR
MAY'!RT~ THE INIUIWICE _IY'IHE I'OlICE8 D_ID_II 8W.IECT TO ALL THE _I. ElCI:LUIlClN8 AND ClINIIl10NI OF ._
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0ilIGu Well Service Cu_
RB: JDb - Sam SmIlb
Cerltftcate IloIdcr i.lIIIIIJlIu .MI~....I iIIIunId IIIW\lOCII BIlIbIea Aulll pabcy.
30 dlr ........ DfcucelllllD1l. except 10 dayllbr --..~ par paUcy CIlIIdIIfDu.
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CIty DfCDIIep SlaUIlII
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TX 77842
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'IOTA.. P.82
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ACORD 1M (7m)
Tbe MIDI Dumpstel'
5025 Iris Ln.
College Station, Tx 77845
(979) 412-3858
November 20, 2002
The fulJowing is a service agreement bet_ Valve Tee IIlC. and The Mini Dumpster,
The Mini 0Iu.uplter has hired Valve Tee Inc. to tnIII8pOn the dUlllpllten to and fi'omjob
Biles and the landfIlL
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tit lIbni iJ~ fer
/ve ;,~,:..t..AJC!.1
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