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HomeMy WebLinkAbout2008-3102 - Ordinance - 08/06/2008ORDINANCE NO. 3102 AN ORDINANCE AMENDING THE EXISTING NONEXCLUSIVE FRANCHISE WITH TEXAS COMMERCIAL WASTE FOR THE PURPOSE OF PROVIDING RECYCLABLE COMMODITIES COLLECTION TO DESIGNATED SINGLE - FAMILY, DUPLEX, FOURPLEX, AND HANDICAP RESIDENTIAL LOCATIONS TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEMIANNUAL REVIEW OF COSTS; PROVIDING FOR ACCEPTANCE BY TEXAS COMMERCIAL WASTE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Texas Commercial Waste ( "Company ") is engaged in the business of providing recyclable commodities collection to designated single - family, duplex, four -plex, and handicap residential locations, and is using the public streets, alleys, grounds and rights -of -ways within the City for that purpose under the terms of a franchise ordinance duly passed by the governing body of the City and duly accepted by Company or its predecessor in interest; and WHEREAS, the City and Company desire to amend said franchise ordinance to provide for a different consideration; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: that PART 1: The consideration payable by the City for the cost of recyclable collection provided by the Company by the franchise ordinance duly passed by the governing body of this City and accepted by Company or its predecessor in interest is hereby amended and changed to be Two dollars and Forty cents ($2.40) per month per designated household for collection from designated households, as defined in the franchise ordinance in Section VI, "Rates To Be Charged By Contractor ". PART 2: The consideration of Two dollars and Forty cents ($2.40) per month per designated household payable by the City for the cost of recyclable collection provided by the Company shall be effective for one (1) year at the end of which time, it shall revert to the current consideration of Two dollars and Fifteen cents ($2.15) per month per designated household. The consideration shall be evaluated once again at that time to determine if it should be increased. PART 3: This ordinance shall take effect on July 1, 2008. Company shall, within thirty (30) days from the receipt of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following form: ORDINANCE NO. 3102 To the Honorable Mayor and City Council: Page 2 Texas Commercial Waste, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 2008, Ordinance No. amending the current recyclable commodities collection franchise between the City of College Station and Texas Commercial Waste. Texas Commercial Waste Owner PART 4: In all respects, except as specifically and expressly amended by this ordinance, the existing franchise ordinance heretofore duly passed by the governing body of the City shall remain in full force and effect. PART 5: The City shall provide a copy of this Ordinance to Mr. Ron Schmidt, Owner, Texas Commercial Waste, P.O. Box 645, Bryan, TX 77806, no later than ten (10) business days after its final passage and approval. PART 6: It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, this the 6 day of August, 2008, at which meeting a quorum was present and voting. APPROVED: A 'TEST: i City Secretary APPROVED: �? Signed, by Harvey cargill ,r��tuA�iel9ticii�wtYl� Mayor City Attorney ORDINANCE NO. 3102 First Consideration and Approval: Second Consideration and Approval: Third Consideration and Approval: a/ C/zoo 8' SllBlZOOE 9/ 2- g/2-00 & Page 3