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Home My WebLink About1984-1542 - Ordinance - 07/26/1984ORDINANCE NO. 1542 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TEXAS COMMERCIAL WASTE. WHEREAS, the City of College Station by ordinance requires all commercial, industrial, and other types of businesses to maintain refuse disposal containers on the site for disposal of all refuse. Further, the City of College Station, although it requires refuse disposal service to be performed by the City of College Station for the benefit of the citizens of the City of College Station, it does not desire to impede cc~petition by requiring businesses to purchase their own containers; and WHEREAS, the City Council has accepted the application of Texas Commercial Waste to provide refuse disposal containers that con- form with the City requirements, said requirements being neces- sary for use with the City-owned refuse disposal trucks. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: That the City of College Station has considered and reviewed the application of Texas Commercial Waste to lease refuse disposal containers within the City limits of the City of College Station and that the lease of these containers does not affect the abil- ity of the City of College Station to provide the citizens with effective refuse disposal services. The Mayor of the City of College Station is authorized to execute the attached agreement with Texas Commercial Waste in order that Texas Commercial Waste may provide refuse disposal container rental service within the city limits of the City of College Station for commercial, indus- trial and other types of waste generators using roll-off con- tainers and equipment. Further, that the Agreement entered here- in is not an exclusive contract between the City of College Sta- tion and Texas Commercial Waste. PASSED, ADOPTED AND APPROVED this 26th day of July, 1984. APPROVED: MAYOR PRO-TEM RUNNELS ATTEST: CiTY SECR .T y iTHE STATE OF TEXAS ilCOUNTY OF BRA?.OS The City of College Station, a municipal corporation in Brazos County, Texas, hereinafter referred to as "C~ty", acting by and through its duly authorized Mayor and City Manager, and Bryan Iron and Metal Company, Inc. d/b/a Texas Commercial Waste, acting by and ' through its duly authorized representative, hereinafter referred to ;las "Contractor", do hereby agree as follows: For and ~n consideration of the compliance by Contractor with the covenants and conditions herein set forth, and the ordinance .and regulation of City governing the collection and disposal of refuse, City hereby grants to Contractor the authority to provide 'icompact and open top refuse disposal service and engage zn the Ibusiness of collecting garbage, trash, brush and other refuse from ,.commercial, industrial and other types waste generators using roll ,off containers and equipment only, sub3ect to the following conditions: shall not be allowed to serve single family A. Contractor Iresidential customers; B. Upon receipt of an order for disposal services, Contractor will not~fy the City in writing of the name and address of '.the customer as soon as practicable, but no later than ten (10) days ' after placing the disposal container at the customer's location in !liorder that City can provide hauling services as provided for by th~s !, lagreement and ordinance. II. This grant of authority to provide disposal services by Contractor does not include the right, power, or authority to use public streets, alleys, and thoroughfares within the corporate 1 imlts !of C~ty for the purpose of hauling garbage as defined by the C~ty's ordinance from commercial, industrial or other type of waste generators. The City retains the exclusive right to haul said i!garbage within the corporate limits of City as provided for by the ,!existing ordinance, including but not limited to, the right to haul .any disposal containers placed within the corporate limits by 'lContractor, subject to the terms of this agreement and the backup Iservlce agreement entered into or to be entered into between Contractor and the City. III. The grant of authority in Paragraph I includes the r~ght to use designated public streets, alleys and thoroughfares within the corporate l~mlts of City for the purpose of placing ordered d~sposal containers, llmlted to roll off containers and equipment, at the site of a customer and the right to pick up such disposal container in the event that services to a customer cease or are terminated by Contractor. IV. haul Contractor's containers under the the City and its sureties shall defend, As the City will terms of this agreement, indemnify and save harmless Contractor and all its officers, agents, land employees from all suits, actions, or claims of any character, . name and descr~ptlon, including attorney's fees expenses brought for .on account of any injuries or damages received or sustained by any .person or persons or property, ~ncludlng the property of the l',Contractor, by or from the City or its employees or by or in consequence of any negligence in hauling the disposal containers 'owned by Contractor, or by or on account of any act or omission, i negllgence or misconduct of the City in performing the service of ~haulln(~ disposal containers, or by or on account of any claim of amounts recovered under the Worker's Compensation Law or any other law, ordinance, order or decree. The City and its suretles shall /defend, indemnify and save harmless Contractor, agents, its officers, i and employees in accordance with this indemnification clause unless it is shown the ~n3ury or damage was caused by the active negligence of Contractor, ~ts officers, agents or employees. If Contractor in enforcement of any part of this indemnity .lagreement shall incur necessary expenses or become obligated to pay .attorney's fees or court costs, the City agrees to reimburse ,!Contractor for such expenses, attorney's fees, or costs within thirty :(30) days after receiving written notice from Contractor of the ,incurring of such expenses, costs, or obligations. Further, Contractor agrees to give the City written notice ;of any claim within ten (10) days after the receipt of said notice of claim. Failure of Contractor to notify the City within ten (10) days any claim made against Contractor on the obligation he requests Indemnification of shall be deemed to be a waiver of that claim against ;the City and the Contractor shall not be entitled to indemnification. Contractor and its sureties shall defend, indemnify and save '[harmless the City and all of its officers, agents and employees from all actions or claims of any character, name and description including attorney's fees brought for or on account of any injuries or damages received or sustained by any person or persons or property, Includlng the property of the City, by or from the Contractor or its employees or .iby or in consequence of any negligence in the transporting of disposal !!containers to and from customer's location or any defects in the "containers owned by Contractor. If the City in enforcement of any ,part of this indemnity agreement against the Contractor shall incur necessary expenses or become obligted to pay attorney's fees or court .costs, the Contractor agrees to reimburse the City for such expenses, .attorney's fees or costs within thirty (30) days after receiving 'written notice from Contractor of the incurring of such expenses, costs or obligations. VI. The term of this agreement shall be for a period of five (5) years beginning on the date of execution of this agreement. VII. This contract and agreement and any and all rights and obligations hereunder may not be assigned by Contractor w~thout the specific approval of the City. EXECUTED this the ? day of /~u,~ ~ , 1984. ATTEST: /~ DIAN JONES,' CITY SECRETARY CITY 'IAPPROV~D AS TO ~RM AND LEGALITY: BRYAN IRON & METAL COMPANY, INC. D/B/A TEX~/~OMMERCIA~ WASTE BY: ~