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HomeMy WebLinkAbout1995-2111 - Ordinance - 02/23/1995ORDINANCE NO 2111 AN ORDINANCE GRANTING BRYAN IRON AND METAL CO, INC. D/B/A TEXAS COMMERCIAL WASTE, ITS SUCCESSORS AND ASSIGNS, A 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 PROVIDING CERTAIN MULTIFAMILY RESIDENTIAL COLLECTION OF RECYCLABLE MATERIALS IN AN EXPERIMENTAL PROGRAM FOR THE CITY; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES, AND FOR PARTIAL INVALIDITY WHEREAS, the City of College Station, by ordinance, provides exclusively all solid waste collection and disposal servaces for sohd waste generated from within the corporate hmits of the City of College Station including but not Ihnited to recyclable materials; and WHEREAS, the City of College Station may, by ordmunce 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 fi.om within the corporate limits of the City of College Stauon. and WHEREAS, the C~ty of College Station desires to exermse the authority proxaded to it by or&nance and charter to grant a franchise for the tmtiafion of an experimental program for the collection of certain recyclable materials that is generated from specified apa, unent locations within the corporate limits of the C~ty of College Station; and WHEREAS, the City of College Station hereinafter referred to as "CITY", desires to grant this franchise to BRYAN IRON AND METAL CO.. INC d/b/a TEXAS COMMERCIAL WASTE, hereinafter referred to as "COMPANY", under the terms of th~s Agreement as set out below, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT. 1 DEFINITIONS I "Agreement" shall mean th~s contract between CITY and COMPANY for the collectmn of certain reeyclable matermls w~thm the jurisdictional hmits of College Station. under certain terms and conditions set out heretn. Ordinance No. 2111 Page 2 2. "Brazos Valley Solid Waste Management Agency" (or "BVSWMA") shall mean the solid waste disposal agency that is jointly managed by the cities of BEean and College Station, located in Brazos County, Texas. 3. "City Council" (or "Council") shall mean the governing body of the City of College Station. 4. "Customers" shall mean occupants of those designated apartments, as defined herein, that are located within the CITY lunits and that generate recyclable materials, as defined herein. 5 "BRYAN IRON AND METAL CO., INC. d/b/a TEXAS COMMERCIAL WASTE" (or "COMPANY") shall mean the party contracting with CITY for the collection of recyclable materials 6. "Aluminum Beverage Cans" shall mean the silvery-white ductile metallic element that may have color applied to it and is used to form many hard, light corrosion- resistant beverage containers 7. "Bags" shall mean clear plastic sacks of minimum 2 0 millimeter thickness designed to store reeyclables with sufficient wall strength to maintain physical integrity when lifted by the top. 8 "Collection" shall mean the as-needed aggregation of recyclables by COMPANY The CITY's Representative shall have the sole discretion to determine the times, frequency and scheduling for each collection location that constitutes the "as- needed" basis of collection. 9. "Glass" shall mean the large class of breakable materials that solidify from the molten state without crystallization, which materials are divided into the clear, brown, and green color families for collection purposes. 10. "Apa~haent" shall mean a domestic establishment that is part of a multifamily residential structure housing the members of a family or others residing in the same umt within the multifamdy structure and receiving utilities from CITY The term "apa, hnent" does not include single famdy dwellings and duplexes. 11. "Newspaper and Magazines" shall mean any newsprint or slick paper pubhcat~on containing news. arUcles and advertiszng that constautes recyclable print Ordinance No. 2 ! 11 Page 3 material according to the guidelines established by the COMPANY that are based on the recycling market demand. 12. "Recyclables" or "Recyclable Materials" shall mean that solid waste which shall initially be designated as newspaper and mags~ines, glass, and aluminum beverage cans. Smd designation may be added to from time to time by mutual agreement of the parties pursuant to the terms of this Agreement. 14. "Des;guated apa~huent" shall mean an apaxhiient m a complex that has been listed in Addendum A, which is atlached to flus Agreement, and has been identified by the Director of Public Services or his designee as one that shall be served by COMPANY pursuant to this Agreement. 15. "Container" shall mean a designated receptacle placed in an apml,iient complex utilized for the collection of recyclables. II. GENERAL DESCRIPTION OF SERVICES TO BE PROVIDED BY COMPANY For and xn constderat~on of the compliance by COMPANY with the covenants and conditions herein set forth and the Ordinances and Regulations of CITY govermng the collection and disposal of recyclable materials, CITY hereby grants to COMPANY a franchise for use of designated public streets, alleys and thoroughfares w~flun the corporate limas of CITY for the limaed purpose of providing certain collecnon of recyclable materials from designated apartments within the jurisdictional limits of CITY. The jurisdicnonal lunits of the CITY are as approved by the Director of Public Services 11I AUTHORITY FOR COMPANY TO PROVIDE SERVICE CITY hereby grants to COMPANY the privilege to collect reeyclable materials from customers within the city bruits, using clear plastic bags to be prowded by COMPANY COMPANY shall serve only those apmhaents designated by the D~rector of Public Services or his delegate. IV. DISPOSAL SITE TO BE USED It Is anticipated that COMPANY will sell the recyclables in accordance with Paragraph VI of this Agreement Faihng such marketing or sale, and unless approved Ordinance No. 2111 Page 4 othen~ise in writing by CITY, COMPANY shall utilize the BVSWMA landfill located on Rock Prairie Road, College Station, Texas, or any other Texas Natural Resources Conservation Gommission-approved disposal site. The COMPANY shall only use &sposal sites which are lawful for municipal solid waste disposal and for disposal of all recyclable materials collected by COMPANY fi.om within the corporate iunits of the City of College Station. Materials rejected for resale by COMPANY because they do not meet the resale market's criteria for recycling shall be accepted at the BVSWMA landfill at no additional cost to COMPANY. RATES TO BE CHARGED BY COMPANY CITY shall pay to COMPANY for the cost of recyclable collection $0 75 per month per apastment for collection from designated apash.ents Said payment shall be paid on CITY's receipt of a monthly invoice fi.om COMPANY Payment shall be made by the twentieth of each month in which an invoice is received, with the first invoice to be sent to CITY following the first thirty (30) days of service by COMPANY and subsequent invoices to be sent to CITY monthly thereafter. Satd invoice shall be a gross billing showing the number of apa~hi,ents in the area served that month by COMPANY, the per unit charge(s), and the total invoice amount. The amount billed by COMPANY to CITY shall be for service to the apa~h.enls designated in writing by CITY's Director of Public Services SALE OF KECYCLABLES COMPANY shall utilize its best efforts in finding available markets for the sale of the recyelables collected under the terms of this Agreement. Payment of revenues fi.om sale of recy¢lables shall be tendered to CITY by COMPANY by the twentieth day of each month following any month during which the COMPANY performed collection activities under this Agreement. COMPANY guarantees timely payment of such revenues. Payments to the CITY for sale of recyclables shall be based upon the rates shown in Addendum C of this Agreement, which is incorporated by reference into this Agreement as if fully copied and set forth at length. If, during the term of this Agreement, alternate pricing can be ~denttfied that ~s more advantageous to the CITY, CITY shall advise COMPANY in writing of th~s pricing If the COMPANY does not make good faith efforts to alter its resale arrangements such that it can pay CITY for recyclables under the more advantageous pricing s~xuctures, the CITY shall notify COMPANY under the tenmnation provisions of this Agreement of its Ordinance No. 2 ! 11 Page 5 intention to terminate this Agreement If the Agreement is terminated under this provision, CITY may at its option purchase COMPANY's equipment, utilized for collection of recyclables under this Agreement, at book value. Said equipment shall be those items listed in Addendum B of this Agreement as it may be modified fi.om time to time due to a change in equipment utilized by the COMPANY. In addition to the payment to the CITY of the sums collected by the COMPANY, COMPANY shall provide a monthly t~'port to CITY, which report shall include the following information: 1. The total number of apa~i~,,ents actually collected fi.om within the CITY. Such information concerning the business of collection, processing and markeung of recyclable materials as may be required by the CITY's Representative. The total poundage of recyclables actually collected in the CITY by COMPANY, broken down by each type of material collected. The total aggregate poundage of recyclables actually collected in the CITY by the COMPANY. For each specific recyclable material, the actual sales price per pound for that month In the event that the COMPANY fatls to make any required payments in a tunely manner find in accordance with the terms of this Agreement, COMPANY shall be required on demand by the City's Representanve to post a deposit with CITY, either by cash or assignment of certificate of deposit, in an amount equaling one-third (1/3) of the amount being paid calculated at seventy-five cents ($0.75) per apartment within each designated apa~huent complex. Failure to post the required deposit shall constitute a breach of this Agreement subject to the tenmnafion procedures provided in Article XV herein. In the event that full payment of the balance due is made by the COMPANY within ten (10) days of the date upon which the depostt is required to be posted w~th the CITY, then the deposit shall be applied to the balance due to the CITY. In the event that full payment is not made of the balance due to the CITY within ten (10) days of the date upon which the deposit is required to be posted with the CITY, then the CITY may terminate this Agreement at its option and apply the deposit toward the outstanding balance of pa3qncnts due as well as thc costs of collection and/or enforcement of this Agreement Ordinance No. 2111 Page 6 VII. ACCESS TO RECORDS & REPORTING CITY shall have access to COMPANY's records and all papers relating to the performance of this Agreement, including but not hmited to information concerning the quality of recyclables collecled, quantity of recyclables collected and sold, number of ap~uhnents served, amounts paid to COMPANY fi.om sale of recyclables, as well as amounts paid by COMPANY for recycling collection equipment Further, CITY shall have access to information regarding COMPANY's markets and prices paid for each type of material sold. To the extent authorized by the Texas Open Records Act, nil information obtained by CITY should remain confidential. Access by CITY to COMPANY's records shall be provided to CITY upon reasonable notice to COMPANY during COMPANY's normal business hours. The following records and reports shall be filed monthly with the CITY's Representative: A Reports of all complaints and investigations concerning the COMPANY and actions taken by COMPANY in response thereto. B A listing of monthly revenue derived from recyclables collected in the CITY under the terms of this Agreement VIII PLACEMENT OF BAGS CONTAINING RECYCLABLE WASTE The COMPANY shall prowde bags the recyclable materials to be collected under this Agreement. The CITY shall be responsible for educating the customers concerning the procedures for collection of recyclables. The CITY shall specify to COMPANY the exact location for placement within the apaxh,,ent complex of the recyclable material containers and/or bags it collects for service under this Agreement Under no circumstances shall COMPANY cause to be placed or place bags or containers on public su'eets, alleys and/or thoroughfares without the prior approval of the CITY's Representative IX COMPLAINTS REGARDING SERVICE/SPILLAGE COMPANY shall make provision for receiving and resolving customer complaints and sermce issues pertaining to setwice under this Agreement Any such complaints Ordinance No. 2111 , Page 7 received by CITY shall be forwarded to COMPANY within seventy-two (72) hours of their receipt by CITY. COMPANY shall respond to all complaints within forty-eight (48) hours of receiving a complaint from a customer or notice of a customer complaint from the CITY and shall report the action taken to CITY in accordance with Section VII of this Agreement COMPANY agrees that during transport of recyclables, all velucles used by COMPANY m the removal of recyclable materials shall be covered to prevent release of refuse onto public streets or properties adjacent thereto. All equipment necessary for the performance of this franchise shall be in good condition and repair. A standby vehicle shall be available at all t~mes for transport of recyclables COMPANY's vehicles and containers shall at all times be clearly marked with COMPANY's name and phone number in letters and numbers not less than three (3) inches in height. COMPLIANCE WITH APPLICABLE LAWS COMPANY agrees that it shall comply with all laws, policies, ordinances, codes, rules and regulations of the United States, State of Texas, Brazos County and the City of College Station with regard to its performance of this Agreement. In the event that the COMPANY uses BVSWMA for disposal of materials that are collected under this Agreement, the COMPANY agrees to comply with all BVSWMA regulations All collections made under this Agreement shall be made by COMPANY without unnecessmy noise, disturbance, or commotion. XI PERFORMANCE BY COMPANY/COLLECTION GUIDELINES COMPANY shall initially provide and distribute to each designated apa~h~ent a sufficient supply of bags for the purpose of segregation and storage of matenals to be collected for recycling. Deslguated apartments may obtain a new supply of bags at the management office for each complex served under this Agreement. COMPANY shall not be required to provide participating apartments additional bags, if it is determined by CITY that the ap~u i,.ent requesting additional bags is using them for purposes other than those set out in this Agreement. COMPANY shall collect bags that are placed in the designated area of each apmh~ent complex, as described in Section VIII of this Agreement, for collection during regular CITY solid waste collection hours of operation, as scheduled for each des~guated apashllent by the CITY's Representative. Holidays observed by CITY solid waste collection crews shall be observed by COMPANY Ordinance No 2111 Page 8 COMPANY shall maintain equipment with which to perform its obligations under this Agreement that is acceptable to CITY, with sufficient carrying capacity for the efficient collection of recyclables from designated apa~ haents. COMPANY's collection routes shall be furnished to CITY and subject to ~wision by the CITY's Representative if the CITY's Representative deems it necessary. The parties understand and agree that tlus Agreement is for a voluntary participation recycling program, and from time to time the CITY may add or delete apm haents along the collection route as demand by customers for the services described herein decreases or increases Recyclables to be collected by COMPANY shall include glass, newspaper, mag~zlnes, and aluminum beverage cans. Upon the writteu and signed agreement of both parties by addendum to this agreement, other recyclables may be added to the list of recyclables to be collected by COMPANY. COMPANY shall use reasonable care and diligence in executing its obligations under this Agreement XII. OWNERSHIP OF RECYCLABLES At any t~me after recyclable materials have been placed outside for collection, such recyclable materials shall be considered transferred to CITY for the purpose of sale or other disposal pursuant to the terms of this Agreement. Only the customer who placed said recyclables outside for collection may take back such matenals as the customer desires until such recyclable materials have been collected by COMPANY. At the time that the recyclables are collected by the COMPANY, ownership of said recyclables shall transfer from the CITY to the COMPANY, subject to a lien in favor of the CITY for any payment owed to CITY under this Agreement. XllI TRANSPORTATION OF RECYCLABLES The COMPANY shall only transport collected recyclables for storage, processing, disposal or other handling to locations and in a manner permitted by the terms of this Agreement as well as federal, state and local law XIV FAILURE TO PERFORM In the event that COMPANY abandons, fails or refuses to perform any of its obhgat~ons under the terms of this Agreement. except where the mabd~ty ns due to force Ordinance No. 2111 Page 9 majeure, CITY shall be entitled to terminate this Agreement upon thirty (30) days notice. If said termination by the CITY occurs, the COMPANY shall take all reasonable steps to nutigatc any damages that may be incurred by the CITY by reason of such termination, and COMPANY shall be liable for all expenses incurred by the CITY as a result of said termination of this Agreement. XV. NON-EXCLUSIVITY OF THE FRANCHISE It is understood by the parties that this Agreement constitutes the entire agreement between the parties with respect to collection of recyclable materials from apash.ents w~thin the CITY. It is further understood and agreed that there are no other agreements between these parties with regard to the collecUon and disposal of recyclable materials from apasuuents within the CITY. The parUes further agree that this Agreement does not authorize COMPANY to utilize the sm:ets, alleys or public ways to dispose of contractor, industrial, or residential solid waste. Both parties understand and agree that nothing in this Agreement conveys to COMPANY an exclusive franchise for the services described in this Agreement and that this Agreement ns non-exclusive. The parties agree and aclmowledge that the recycling project that forms the basis of this Agreement is an experimental one, and that the parties do not anticipate expansion or renewal of this Agreement. XVI. INTERRUPTION OF SERVICE OR DEFAULT A.. Termination in Service. in the event that COMPANY temfinates serwce to any customer within the CITY's limit, COMPANY must notify CITY by cemfied marl within forty-eight (48) hours of termination and state the reason for such termination. Upon written notice from the City's Representative that he or she does not fred that the customer's service was terminated for good cause, COMPANY shall reinstitute service for that customer immediately, and the failure to do so may be considered grounds for termination of this Agreement by the CITY The parties agree that the CITY's Representative shall be the fmai arbiter regarding whether the COMPANY had good cause for termination of service to a customer. B Excessive lntermpt~on in Semce If an interruption of the COMPANY's performance of its obligations under this Agreeznent continues for a period of seventy- two (72) hours or more, then it may constitute failure by the COMPANY to perform under this Agreement, and the CITY may invoke the termination provisions of Article XIV of this Agreement Ordinance No 2111 Page 10 XVII RELEASE AND INDEMNIFICATION COMPANY assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges CITY, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character including the cost of defense thereof, for any injury to, including death of, any person whether that person be a third person, COMPANY, or an employee of either of the parties hereto, and any loss of or damage to property, whether the same be that of either of the parties hereto or of third parties, caused by or alleged to be caused by, arising out of, or in connection with the grant of this franchise to COMPANY, whether or not said claims, demands and causes of action in whole or in part are covered by insurance. COMPANY agrees to and shall indemnify and hold CITY harmless and defend the CITY, its officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person, or for damage to any property, arising from COMPANY'S negligence or from the CITY's own negligence, and arising out of or in connection with the performance of this Agreement, whether that negligence is the sole or concurring cause of the injury, death, or damages. It is the express intention of the parties hereto, both the COMPANY and the CITY, that the indemnity provided for hereinabove is indemnity by the COMPANY to indemnify and protect the CITY from the consequences of both the CITY's own negligence, whether that negligence is the sole or a concurring cause of the injury, death or damage, and the COMPANY's negligence, whether that negligence is the sole or a concurring cause of the injury, death or damage. XVIII INSURANCE For the duration of this Agreement, COMPANY shall procure and maintain at its sole cost and expense insurance agamst claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the terms of this Agreement by COMPANY, its agents, representatives, volunteers, employees, or subcontractors COMPANY's insurance shall be primary insurance with respect to the CITY, its officials, employees, and volunteers. Any insurance or self-insurance mmntamed by the Ordinance No 2111 Page 11 CITY, its officials, employees, or volunteers, shall be considered in excess of COMPANY's insurance and shall not contribute to it. COMPANY shall include any and ali subcontractors as addiiional insureds under its policies or shall furnish separate certificates and endorsements for each subconlractor. All coverages for subconlractors shall be subject to all of the requirements stated herein. Certificates of Insurance and endorsements shall be furmshed to CITY and approved by CITY before work commences. A. STANDARD INSURANCE POLICIES REQUIRED 1 2. 3. Contractor General Lmbihty Policy Automobile Liability Policy Worker's Compensation Policy B. GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES I. General Liability and Automobile Liability insurance shall be written by a carrier with a better rating m accordance with the current Best Key Rating Guide. 2 Only Insurance Carners licensed and admitted to do business in the State of Texas will be accepted. 3 Deducttbles shall be listed on the Certificate of Insurance and are acceptablIe only on a per occurrence basis for property damage. 4. Claims Made Policies will not be accepted 5 The CITY, its officials, employees and volunteers, are to be added as "Additional Insured" to the General Llabihty and the Automobile Liability pohcles. The coverage shall contam no special limitations on the scope of protection afforded to the CITY, its officials, employees or volunteers 6 A Wmver 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, canceled, reduced in coverage or m limits except after thu~ty Ordinance No. 2111 Page 12 (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. g. Upon request, certified copies of all insurance policies shall be furnished to the CITY. C. COMPANY GENERAL LIABILITY 1. Minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 2. Coverage shall be at least as broad as Insurance service's Office form number CG OO O1. 3. No coverage shall be deleted fi.om the standard policy without notification of individual exclusions being attached for review and acceptance. D. AUTOMOBILE LIABILITY 1. Minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 2 The Business Auto Policy must show Symbol I m the Covered Autos Portion of the liability section in Item 2 of the declarations page. E.' WORKERS' COMPENSATION 1. Employer's Liability limits of $500,000/$500,000/$500,000 are required. 2. City of College Station shall be named as Alternate Employer on endorsement WC 99 03 Ol unless written through TWCARP. 3. Texas Waiver Of Our Right To Recover From Others Endorsement, WC 42 03 04 shall be included in flus policy. 4. "Texas" must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: All States except those hsted in Item 3A and the States of NV, ND, OH, WA, WV, WY Ordinance No. 2111 Page 13 x F. CERTIFICATES OF INSURANCE 1. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following: The company is licensed and admitted to do business m the State of Texas. The insurance set forth by the insurance company is underwritten on forms which have been approved by the Texas State Board of Insurance or ISO. Sets forth all endorsements as required above and insurance coverages as previously set forth herein. Shall specifically set forth the notice of cancellation, termination, or change m coverage provisions to the City of College Station. Original endorsements affecting coverage required by this section shall be furnished with the cemficates of insurance. XIX ASSIGNMENT This Agreement and the rights and obhgat~ons contained herem may not be assigned by COMPANY without the specific prior written approval of the City Council. SAFETY The COMPANY agrees that all prudent and reasonable safety precautions associated with the performance of flus Agreement are a part of the collectmn tcchmques for which COMPANY is solely responsible In its execution of its obhganons under this Agreement, COMPANY shall use all proper skdl and care, and COMPANY shall excrcme all due and proper precautions to prevent injury to any property, person or persons Ordinance No. 2111 Page 14 XXI. AD VALOREM TAXES The COMPANY agrees to render all personal property utilized in its performance of its obligations under this Agreement to Brazos County Appraisal District so that said personal property located within the City on the first day of January in each year of the t~rm of this Agreement will be the subject of ad valorem taxation for the benefit of CITY. XXII. NOTICES All notices reqmred to be given by either party to the other party under the terms of this Contract shall be in writing and, unless written nonce of a change of address is given, shall be sent to the parties at the addresses following: CITY. Reports/Revenues: Director of Public Services City of College Station P.O. Box 9960 College Station, Texas 77842 Invoiccs: Accounts/Payables City of College Station P.O Box 9973 College Station, Texas 77842 COMPANY Bryan Iron And Metal Co, Inc d/b/a Texas Cormnerc~al Waste P.O. Box 291 Bryan, Texas 77806 Ail 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 above, or to such other person and/or address that either party subsequently designates as its address for nonce, such deslgnanon to be made by written notice to the other party. XXIII. AMENDMENTS It is hereby understood and agreed by the parties to tins Agreement that no alteration or variation to the terms of this Agreement shall be effective unless made in writing, approved and s~gned by both pames 2111 Ordinance No. Page 15 XXIV. SEVERABILITY If any sectzon, sentence, clause or paragraph of this Agreement shall be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the invalid, illegal or unenforceable provision(s) of this Agreement with valid legal terms and conditions approximating the original intent of the parties. XXV. AUTHORI7.ATION TO EXECUTE The parties signing this Agreement shall provide adequate proof of their authority to execute this Agreement This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors or assigns as provided herein XXVI. TERM OF AGREEMENT The term of this Agreement shall be for a penod beginning on the date of the COMPANY's acceptance under Section XXVII of this Agreement, and ending on the date that is sixteen (16) calendar weeks bom the date of acceptance XXVII ACCEPTANCE OF AGREEMENT COMPANY shall have five (5) days fi'om the final passage and approval of this Ordinance in accordance with City Charter Section 120 to file its written acceptance thereof with the City Secretary. Upon the COMPANY's acceptance being filed, flus Ordinance shall take effect and be in force as of the filing date, and shall effectuate and make binding this Agreement XXVIII PUBLIC HEARING It is hereby found and determined that the meetings at which this ordinance was passed were open to the pubhc, as required by Article 6252-17, V A T.C S, and thal advance public not~ce of t~me, place, and purpose of said meetings was given Ordinance blo.. 2111 Page ! 5 PASSED, ADOPTED and APPROVED by unanimous vote of the City Council of the City of College Station on this the /'5~'~ dayof ~-c~o,.~,o.,,.k ,1995. APPROVED: ATTEST: First Consideration & Approval: Second C. onsideration & Approval: Tlurd Consideration & Approval. January 25, 1995 February 9, 1995 February 23, 1995 Ordinance 2111 Page 17 ADDENDUM A DESIGNATED APARTMENTS (I,234 UNITS TOTAL) Brookwood Apartments Flo Leblanc (409) 696-2465 80 Units 1601 Valley View # 100 College Station. TX 77840 5 Travis House Apartments Elena Bosley (409) 693=7184 118 Units 505 Harvey Road College Station, TX 77840 2. Brownstone Apartments Mary Helen Lapaglia (409) 696-9771 144 Units 603 Southwest Parkway College Station, TX 77840 6 University Tower Apartments Mark McGowan (409) 846-4242 422 Units 410 S Texas Ave College Station, TX 77840 3. Huntingon Apartments Jenny David (409) 693-8922 248 Units 1907 Dm h~iouth College Station, TX 77840 7 Old Oak Tree Condiminiums Bernie Bernard, Pres. (409) 693-6162 28 Units 2400 Longmire College Station, TX 77842 4 Ridgewood Village Fourplexes LeifH Tosse (409) 696-2998 66 units 1201, 1203 A-D, 1205 A-D, 1207 A-D, 1209 A-D, 1211 A-H, 1212 A-D. 1213 A-F. 1214 A-D, 1216 A-D, 1218 A-D, 1300, 1302, 1304, 1306, 1308, 1310, 1312, 1314 Holik Drive 1400 A-D, 1402 A-D, 1404 A-D East Circle College Station, TX 77840 Ordinance 2111 Page 8. Spring Heights Fourplexes Juarfits Howard (409) 846-3569 ! 28 Units 902 A-D, 906 A-D, 910 A-D, 914 A-D, 918 A-D~ 922 A-D, 926 A-D, 930 A-D, 1005 A-D, 1100 A-D, 1102 A-D, 1108 A-D, 1110 A-D, 1200 A-D, 1202 A-D, 1206 A-D Spring Loop 401 A-D, 402 bldg 1 A-D, bldg 2 A-D, bldg 3 A-D, bid8 4 A-D, 409 A-D Summer Court 1004 A-D Autum Circle 400 A-D, 401 A-D, 403 A-D, 407 A-D, 409 A-D Fall Circle 709 A-D, 713 ^-D, 714 A-D, 715 A-D Wellesley College Station, TX 77840 18 ADDENDUM B Ordlnance 2111 Page 19 0 ADDENDUM C Ordinance 2111 Page 20 Ordinance 2111 Page 21 LETTER OF ACCEPTANCE OF FRANCHISE Th~s Letter w~ll serve as our formal acceptance of the terms and conditions of the franchise agreement granted to BRYAN IRON AND METAL CO., INC. D/B/A TEXAS COMMERCIAL WASTE on February 23, 1995, by the City of College Stabon by enactment of Ordinance No 2111 for the purpose of prowding certain mulbfam~ly res~denbal collection of recyclable materials in an experimental program the city Th~s ordinance takes effect on ~ts passage and acceptance by th~s letter and has a term of 16 weeks from the date of acceptance I acknowledge that failure to file th~s written acceptance w~th the City Secretary w~thm the number of days prowded for acceptance m the franchise will result in expiration of the franchise BRYAN IRON AND METAL CO, INC, DIB/A ~EX~S CO~ERCIAL WASTE