HomeMy WebLinkAboutOrdinances (O-90-771)-04/17/1990
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, ORDINANCE NO. 0-90-771 ~ Dv-1~ I
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~ ORDINANCE GRANTING A FRANCHISE FOR THE COLLECTION OF GARBAGE II
ITHIN THE CITY OF COLLEYVILLE AND ESTABLISHING THE TERMS AND
ONDITIONS OF SAID FRANCHISE. I
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f, HEREAS, the City Council deems it is in the best interest of the I
City to grant a new franchise for the collection of
i garbage services within the City upon the terms and I
8 I conditions contained herein~ I
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OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
I OLLEYVILLE, TEXAS, AS FOLLOWS: I
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That City Garbage Service, Inc., is hereby granted a
franchise pursuant to the terms of the written Franchise
Agreement which is attached hereto as Exhibit "A" and
incorporated herein for all purposes.
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ec . 2.
,That Ordinance No: 0-71-27, pursuant to which the City
granted to curtis L. McCaffity a Franchise for the
collection of garbage is hereby repealed, together with
all renewals and extensions thereof, including, but not
limited to, the renewal granted by Resolution R-79-l97.
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he f~t reading an~publ~~earing being conducted on the
.;27 / day of ~LJ~--1r:::..... . , ~_9 90.
D IT IS SO ORDERED
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he ~cond reading a~c hearing being conducted on the
/ day of , 1990.
he ~~rd reading a~c hearing beingcond~~eg pnAthe
~ day of , 19,90. ~
IAPPROVED: May 1, 1990
jTTEST:
CITY OF COLLEYVILLE
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~0-~~/;f/( -:;;
r s Hawklns ~ ~/C ~ I
Mayor --7 / --. i'l)
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Council voted to override the
Mayor's veto on May 15, 1990.
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Ordinance 0-90-771
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Ordinance 0-90-771
Attachment "A"
CONSENT TO APPEAL OF GARBAGE FRANCHISE
I, CURTIS L. McCAFFITY, being the current Franchisee under
Ordinance Number: 0-71-27, in the City of COlleyville for the
operation and maintenance of the service of garbage and trash
collection, for a valuable consideration hereby consent to the
repeal of Ordinance Number: 0-71-27, and hereby waive all rights
and remedies that I may now have or may which hereinafter occur
to me in the future as a result of the existence of said
Ordinance or the grant of franchise thereunder, including, but
not limited to, the renewal granted by Resolution R-79-l97.
The consent to the repeal of said Garbage Franchise is
hereby made contingent upon the grant to City Garbage Services,
Inc., of a franchise for the collection of garbage within the
City of Colleyville.
SIGNED this the /~~ day of
?/1&t-
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, 1990.
& til~
curtis L.
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Texas
THE CITY OF COLLEWILLE
TEXAS
CHRIS HAWKINS
MAYOR
May 8, 1990
To: Councilperson Ahlers
Councilperson Newton
Councilperson Myers
Mayor ProTem Lynch
Councilperson McKnight
I have vetoed Ordinance 0-90-771 which would authorize a five (5) year garbage
franchise with City Garbage Service, Inc.
I would like to first state very clearly that neither the quality of service
nor the matter of a rate increase were at issue in my reasoning for this
veto.
My concerns are in two areas. First, as of this date, City Garbage Service,
Inc., has not produced or furnished copies to the City of Colleyville any
contract between City Garbage Service, Inc., and any sanitary landfill
operation. I feel strongly that the ever increasing restrictions being
placed on landfill operations demand great scrutiny of the long-term
availability of landfills to the City1s garbage franchisee. If access to
a sanitary landfill became a problem for City Garbage Service, Inc., in
the future it would most likely be at least an area wide problem. This
would leave Colleyville in a weak bargaining position with the limited number
of haulers with landfill availability.
The second area of concern lies in the issue of awarding a five (5) year
contract with the City with only a token gesture after the 3rd Reading and
Public Hearing on April 17th to accept proposals from other companies.
Even this was done only after several citizens publicly criticized the
intention to award a five (5) year contract without requesting proposals
from other companies; two other companies had already expressed a definite
interest in presenting proposals. The motion to accept but not request
proposals was even accompanied by an emphatic expression of intent to act
on this item at the next Council meeting two weeks later.
These events and the acti on taken on May 1, 1990 despite citizen protest
more clearly demonstrated a sense of urgency to act on the ordinance prior
to the May 5th election than the careful, thorough consideration this Council
has given numerous items of much less importance.
P.O.Box 185 COLLEYVILLE, TEXAS 76034 (817) 281-4044
Mayor's Letter
May 8, 1990
Page 2
The history of this issue, combined with the fact that the Vice-President
and Director of Government and Public Relations of City Garbage Service,
Inc., is running for Colleyville City Council and has been publicly endorsed
in his race by some councilmembers would indicate the need to clearly
demonstrate a decision based on complete information, thorough analysis,
and objective judgement if public confidence in Colleyville's city government
is to be maintained.
I am fully aware that the 4 votes whi ch approved the Ordi nance can and
probably will override this veto. However, I feel I must register my protest
to the process on thi s issue, or moreover the 1 ack of it, and respectfully
request your careful consideration before voting.
Sincerely,
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, Chris-Hawkins '-,
Mayor
CHI
ISSUES RAISED BY VETO OF GARBAGE FRANCHISE
The undersigned members of the City Council of the City of
Colleyville desire to issue this statement to clarify certain
issues which have been raised by Mayor Hawkins in his May 8, 1990
veto of Ordinance 0-90-771, and similar issues raised by other
individuals in connection with the granting of a garbage
franchise.
1. As a basis for his veto, Mayor Hawkins expressed concern
that City Garbage Service, Inc. ("city Garbage") has not produced
copies of contracts with landfill operators to demonstrate its
ability to service the long terms needs of the City. This issue
has been more than adequately addressed by the following:
a. City Garbage has been the exclusive garbage hauler
for Colleyville since 1960, a period of over 30 years. At
no time has City Garbage had a problem in providing adequate
places to deposit garbage collected in Colleyville. The
best measure of one's ability to perform is an historical
record. Thirty years of such adequate performance is
adequate proof of ability.
b. The quality of service of City Garbage has never
been challenged. Even opponents of the franchise have
consistently stated that they have no obj ections to the
quality of service from our current supplier.
c. All permits for sanitary landfills issued by the
State Health Department are public in nature. That is, the
owner of such permits must allow competitive use of the
landfill. The landfills currently utilized by City Garbage
are essentially the same landfills used by all of its major
competitors. Such landfills, by virtue of their permits,
must be made available to use by City Garbage.
d. The anti-trust laws of the State of Texas and the
U.S.A. prevent sanitary landfill owners from granting
preferential rates or conditions to companies owned by the
landfill operators. As a result of anti-trust litigation,
landfills operated by such companies as Laidlaw and BFI are
available to City Garbage at the same rates and under the
same conditions charged by such landfill operators to
themselves.
e. The new franchise adequately addresses the Mayor's
concern because it provides that the franchise will
automatically terminate if City Garbage loses its
contractual ability to provide adequate space for
colleyville garbage.
2. Mayor Hawkins second stated basis for veto suggests that
the Council has granted only a "token gesture" to accept
proposal from other companies. The following items should be
considered in reviewing such an allegation:
a. The City Manager's office advised the City Council
members as early as November 1989 that the franchise and
rate ordinance were under discussion. Councilmembers have
been provided information in Council packets since that time
to allow councilmembers opportunity to study the issue.
wri tten communication on the topic dates back to December
1989. Various individual councilmembers have been involved
in discussion of this issue and investigation of this issue
since budget time in the summer of 1989. Adequate review
and study of this issue has been conducted.
b. The principal concern expressed by all citizens
speaking on this issue is not the rate charged for garbage
service. In fact, Mayor Hawkins did not veto the ordinance
establishing rates. The franchise as it existed prior to
the adoption of Ordinance 0-90-771 did not expressly provide
the city with authority to regulate garbage rates. It is
questionable whether the City had any authority thereunder
to regulate rates. The new franchise prov ides such
authority.
c. Pursuant to the request of the City Council, formal
proposals were received from two of the three major
contractors for garbage serv ice and the th i rd ma j or
contractor submitted an informal proposal. The primary
objective of the City Council was to obtain the best garbage
service available, taking into account service, performance
and price. The proposals received were sufficient to allow
an evaluation that the rates proposed by City Garbage were
generally in accord with those provided by other major
suppliers. The city was then left free to evaluate the
question of level of service. Thirty years of almost
impeccable service seemed sufficient to justify action.
3. It should be carefully noted that the franchise granted
in Ordinance 0-90-771 actually enhances the City's position in
the following respects:
a. It reduces from one year to ninety days the period
in which the City may terminate the garbage franchise for
any reason.
b. It grants the City express authority to regulate
garbage rates where none existed before.
c. It eliminates the issue of the val idi ty of the
existing franchise which has been raised every year for
discussion since 1981.
d. It provides for automatic and immediate termination
of the franchise if the ownership or control of the stock of
City Garbage is transferred to any person other than its
current owner.
4. The only issue involved here is obtaining the best
garbage service available for the citizens of Colleyville. There
has been absolutely no political motivation on the part of any of
the undersigned in voting on this issue, just as we know there
was none on the part of the Mayor in vetoing the franchise sought
by Mr. Hubbard, who was his opponent in last year's mayors race.
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