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O77-14ACITY OF KENNEDALE ORDINANCE NO. 77-14A AN ORDINANCE GRANTING A FRANCHISE TO ONE WAY SERVICES, INC., FOR THE COLLECTION OF. GARBAGE WITHIN THE CITY OF KENNEDALE, TEXAS, SETTING FORTH THE TERMS OF THE FRANCHISE FOR A PER- IOD.OF THREE -YEARS, AND THE RATES TO BE CHARGED FOR SUCH COLLECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: I. That the City of Kennedale, Texas, hereby grants a fran- chise to One Way Services, Inc., for the collection of garbage .in the City of Kennedale on the terms and conditions herein set forth. II. One Way Services, Inc., herein called "Grantee", shall furnish adequate equipment for the regular sanitary collection of garbage within the city. limits, in accordance with the applicable ordinances of the City of Kennedale, and for the sanitary disposal thereof, extending such service to all persons within the city. III. Grantee shall purchase and maintain in force liability in- surance with a company authorized to do business in Texas, providing coverage to the extent of $50,000.00 per person, and $100,000.00 per occurence or accident, and-$5,000.00 for property damage per occur- ence, as evidence of its ability to respond in damages for injury to persons or property by reason of its negligence, or for any other reason rendering it liable by law, a copy of which policy shall be filed with the City of Kennedale. IV. Grantee shall make at least two collections of garbage per week in the residential areas of the City, and shall be allowed to make a charge of $3.25 per residence for curb service garbage collec- tion. V. Grantee shall make at least two collections of garbage per week from all businesses in the City which use its services, and shall be allowed to make a.charge of $7.50 per month for a maximum of four cans per business, and $0.50 per month addition for each additional can or similar container. VI. The City of Kennedale will handle collection of all resi- dential garbage fees for Grantee, remitting its check monthly to Grantee for all such collections. The Grantee shall remit a 5% Fran- chise Tax to the City of Kennedale monthly of the gross amount it receives. VII. Grantee shall provide a bond in the amount of $10,000.00 to the City of Kennedale to guarantee its performance of the obli- gations imposed on Grantee by this franchise agreement. Said bond may be by a surety company approved by the City, or by the deposit of said sum in cash with a bank in Tarrant County, Texas, or other escrow agent approved by the City. The bond shall constitute a guaranty or fund to which the City of Kennedale shall have a right to resort for reimbursement of any expenses incurred by the City, or by garbage customers within the City of Kennedale, in excess of the rates provided herein, in the event Grantee shall default in its obligations and the City should have to provide garbage service by other means during the period of this franchise. VIII. Grantee shall service all complaints concerning the collec- tion of garbage within the City, and shall maintain an office and telephone to service such complaints. All employees of Grantee col- lecting garbage or fees therefor within the City shall wear some type of identification readily recognizable by its customers IX. Grantee shall not be required to pick up buring trash or liquids of any kind. X. This franchise shall be exclusive for the teLul herein granted, the City Council of the City of Kennedale having determ- ined by experience that such is the only feasible method of provid- ing regular adequate garbage service to inhabitants of the City at reasonable rates. -2- XI. Grantee shall use one vehicle, being at least a Class 2 Ton Truck, Rear Loader Design, and of 24 Cubic Yard size, for its collections in the inception of this franchise agreement. If col- lections should hereafter increase, during the teiul of the franchise, Grantee will add additional equipment as necessary to maintian rea- sonable and sanitary garbage collection and disposal. XII. Grantee shall also have the exclusive right to all commer- cial garbage collection services in the City of Kennedale, and may negotiate with each commercial or industrial firm as to the size and price of containers used for service. Such agreed prices, how- ever, shall be subject to approval by the City of Kennedale, and Grantee shall extend its services to all commercial establishments within the City. The City shall be notified of any commercial cus- tomers which fails to pay for its service. Grantee shall remit to the City of Kennedale a Franchise Tax of 10% of all gross revenues received by it from commercial collections within the City. XIII. Grantee warrants that it has no convictions for violation of any laws, and that none of its employees have any such convic- tions within the knowledge of Grantee. Grantee further warrants that it will comply with all State and County regulations relating to the collection and disposal of garbage. XIV. Grantee shall have the right to make extra charges for the collection of unreasonable amounts or kinds of garbage from any one residence, and may make application to the City from time to time for regulations as to quantities and kinds of garbage deemed reason- able, if such becomes necessary. XV. Residential customers of Grantee shall place their garbage at the curb in approved containers for curb side pickup. Place of pickup from commercial customers shall be subject to negotiation be- tween the Grantee and such customers. -3- XVI. Customers of garbage service shall place tree trimmings, rubbish and refuse, other than household garbage, in a box at the curb. Tree trimmings shall be tied in bundles not to exceed 24 inches in height, 44 inches in length, and 70 pounds in weight. XVII. Each mobile home in the City shall be counted as a single residence and shall be charge for garbage service as such. In the event an owner of a mobile home park desires to use commercial.con- tainers, then a charge will not be made for each individual mobile home, and the rate shall be negotiated as other commercial collec- tions. XVIII. Grantee shall be provided with copies of all ordinances of the City of Kennedale pertaining to garbage collection, and shall abide by same. XIX. A copy of Grantee's present commercial container prices are attached to and made a part of this franchise agreement. These prices may be changed, however, when negotiated with the customer, and approved by both Grantee and the City. XX. All senior citizens of the City, as determined by the City of Kenndale, shall receive free garbage service, but only provided a reasonable amount of garbage is all that is located at such citi- zen's residence. XXI. The City shall notify Grantee of any breach by Grantee of this agreement, and if such breach is not corrected within 90 days from date of such notice, the City of Kennedale at its option may cancel this franchise. PASSED AND APPROVED this 21st day of July, 1977. APPRO 28teve Radakovich, Mayor of the City of Kennedale, Texas Citr Secretary /% 0ne Way Services, Inc. By -4- ONE WAY SERVICES, INC:, CONTAINER PRICES July 21, 1977 Size in Yards: Pick Ups per Week: Yards Cubic 1 2 3 4 5 6 2. $25 $35 $45 $65 $75 $95 3 $30 $35 $65 $85 $105 $135 4 $37 $59 $81 $103 $125 $156 6 $45 $75 $105 $135 $165 $210 8 $55 $85 $125 $160 $195 $245 20 yds. 25 yds. 30 yds. 40 yds. 42 yds. FOR OPEN TOP CONTAINERS $3 per Day $65 per Month, plus $50 per Load $3 per Day $65 per Month, plus $50 per Load $3.50 per Day $75 per Month, plus $6.0 per Load $4 per Day $95 per Month, plus $70 per Load $100 per Month, plus $80 per Load.