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HomeMy WebLinkAboutOrdinances (O-91-825)-06/04/1991 1 2 3 4 -P1q'~Of~ 1/' ~ ORDINANCE 0-91-825 AN ORDINANCE AMENDING AND MODIFYING THE FRANCHISE AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND CITY GARBAGE SERVICES, INC., WITHIN THE CITY OF COLLEYVILLE PROVIDING FOR THE DISPOSAL AND COLLECTION OF RECYCLABLE MATERIALS 5 6 THIS, 7 8 9 WHEREAS, Addendu~and Modific ion Agreement is entered into this the 41ft( day of , 1991, by and between the corporation, herein fter called "CITY", and City Garbage Services, Inc., a Texas corporation, hereinafter referred to as "Contractor." the City and the Contractor executed a Franchise Agreement dated the 15th day of May, 1990, pursuant to which the Contractor was granted an exclusive franchise to collect garbage in the City, (the Franchise"); and it is the desire of the City and the Contractor to modify the Franchise as provided herein; and it is the desire of the Contractor to be relieved from its obligation to collect materials which are segregated and accumulated for the purpose of recycling; and 14 WHEREAS, it is the desire of the City to release the Contractor from its obligation to collect recyclable materials which have been segregated for the purpose of recycling; 15 17 Sec. 1 10 11 WHEREAS, 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AS FOLLOWS: 12 WHEREAS, 13 18 19 THAT the franchise agreement between the City of Colleyville and city Garbage Services, Inc., is hereby modified pursuant to the attached hereto as" Exhibit A" and incorporated herein. AND IT IS SO ORDERED the 7 ti/ 20 The day 21 22 The day 23 The day 24 25 26 first'1~eading and public hearing being conducted on of CJI(~ ' 1991- seco~eading and public hearing being conducted on theca/'+' of ~' 1991. thi~re~ing and public hearing being conducted on the .,~~ of ~ 1991. 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-91-825 Page 2 1 2 3 ~~ CITY OF COLLEYVILLE 4 5 LaVada Johnson city Secretary Mayor 6 ~~D AS TO FORM AND LEGALITY: itn-Zs e:. City Attorney 7 8 9 10 11 12 13 14 D - ?/-t~s / ADDENDUM AND MODIFICATION TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND CITY GARBAGE SERVICES, INC. THIS Addendum and this the -1 it! day of MO:!;l::on Agreement is entered into , 1991, by and between the City of Colleyville, Texas, a home-rule municipal corporation, hereinafter "City", and City Garbage Services, Inc., a Texas corporation, hereinafter referred to as "Contractor". WHEREAS, the City and the Contractor executed a Franchise ~;.;y /9'1 L & I 7 day of Agreement dated the pursuant to which the Contractor was granted an exclusive franchise to collect garbage in the City, (the "Franchise"); and WHEREAS, it is the desire of the City and the Contractor to modify the Franchise as provided herein; and WHEREAS, it is the desire of the Contractor to be relieved from its obligation to collect materials which are segregated and accumulated for the purpose of recycling; and WHEREAS, it is the desire of the City to release the Contractor from its obligation to collect recyclable materials which have been segregated for the purpose of recycling; NOW, THEREFORE, upon the mutual covenants, conditions and promises contained herein the parties agree as follows: Segregated Recyclable Materials The Franchise is hereby modified to provide that recyclable materials, placed in a container, clearly marked in letters not less than four inches in height with the name of the Contractor to whom the City has granted a franchise for the 1 o - 1 !_y:)s- purpose of cOllecting and disposing of recyclable materials are excluded from the Contractor's exclusive right to collect garbage within the city. Recyclable Materials The term "recyclable materials" as utilized in this Addendum and Modification Agreement shall mean those materials designated by the City Manager of the City of Colleyville, Texas, from time to time, as recyclable materials. Reaffirmation The parties hereby reaffirm the provisions of the Franchise save and except those provisions which are modified in accordance of the terms of this Addendum and Modification Agreement. THE CITY OF COLLEYVILLE .~ o~ /s. By.(!; c:/ri?' / / ~-1:~"c ' Chris Haw~~ns, Mayor Attest: ~ City Secretary CITY GARBAGE SERVICES, INC. By: 2