HomeMy WebLinkAboutOrdinances (O-71-27)-07/13/1971
VOLtTMT]'_I__l'AC.E /7j>
-
ORDINANCE NO. 0-71-27
, r
AN ORDINANCE GRANTING TO CURTIS L. McCAFFITY THE
EXCLUSIVE RIGHT AND FRANCHISE TO OPERATE AND
MAINTAIN THE SERVICE OF GARBAGE AND TRASH COLIECTION
AND HAULING OVER, UPO~, ALONG AND ACROSS THE
PRESENT AND FUTURE STREETS, ALIEYS, BRIDGES AND PUBLIC
PROPERTIES OF THE CITY OF COLIEYVILLE, TEXAS: AND
PROVIDING REGUIATIONS FOR THE OPERATION OF SAID
SERVICE .
"'C'!,.-
M
"
r~ i
~. 'S !
. ~ "
THEREFORE BE IT ORDAINED BY THE MAYOR AND BOARD OF COUNCILMEN OF THE CITY
OF COLIEYVILIE, TEXAS, IN SESSION ASSEMBLED:
I.
That Curtis L. McCaffity, his he ire and assigns, he and the same are
hereby granted the exclusive right, privilege and franchise within the
Corporate Limits of the City of Colleyville, Texae, to conduct the business
for the purpose of collecting and disposing of garbage, refuse, trash,
rubbish, and junk within the Corporate Limits of the City of Colleyville,
Texas, and in any and all tracts, territories and areas hereafter annexed
to, or acquired by the City of Colleyville, Texas, and to construct and
maintain such fixtures as may be necessary in the conduct of said business,
under the following terms and restrictions;
II.
This franchise is to take effect and continue and reamin in full force
and effect for a period of ten (10) years, with option of renewal reserved
for the grantee, by tbe grantor.
This franchise may be extended for
additional periods by mutual consent of the grantor and grantee. It
shall take effect immediately upon the WTitten acceptance by the grantee
of the terms and conditions of this franchise.
III.
The grantee is authorized to charge reasonable rates for the service
furnished under this franchise, it being understood and agreed between the
grantor and grantee herein that the following rates are reasonable under the
present conditions;
One pick-up per week where pick-up is located no more than
fifty (50) feet from the curb or side of the city street
or public road in front of the pick-up, $2.00 per month.
For each customer owning or running a business, or baving
a business office in tbe City of Colleyville, Texas, the
montbly rate will be negotiated between customer and grantee,
based on amount of service and/or size of containers.
Tbese rates may be negotiated at any time; between the
grantor and the grantee.
Tbe grantee alrees to furnisb twice a week pick-up service
at such time as grantor determines tbat sucb service is
necessary_ Tbe rate for bi-weekly service will be negotiated
at the time service becomes necessary_
VOLtnYlE ,;r- "PAGE /7fr
IV.
The grutee agrees to comply with all of the existing laWI of the United
States and of this State aDd any further laws which may be enacted by the
United States or this State, aDd agrees to comply with the regulations of any
regulatory body or officer authorized to prescribe or enforce regulations
pertaining to the operation of garbage disposal, it being expressly agreed
that nothing iD this franchise shall be construed in any manner to abridge the
right of the City of Colleyville, Texa.s, to pass or enforce Decessary police
and health regulations for the protection of the inha.bitants of said Town.
V.
The service furnished hereunder to said City of Colleyvi1le, Texas,
and its inhabitants, shall be subject to such reasonable rules aDd regulations
as the graDtee may make from time to time. The grantee may require every
customer a contractual right of ingress and egre.. upon and from the customer's
property.
VI.
This franchise, as well as the rights hereunder may be assigned by the
grantee herein, as well as all succeeding grantees a.t their option with the
approval of the grantor or the rights of such grantees or successors hereunder
may be transferred under foreclosure proceedings or judicial sale, or may be
transferred frome one holder to a. third party by t~e operation or forfeiture
clause of any agreement between such persons, in which case assignees shall
succeed to all the rights, duties and liabilities of the grantee'hereunder.
VII.
As a consideration for the granting of this franchise, and for all the
rights, powers and privileges incident thereto in any way appertaining a.nd as
street rental, the grantee agrees to pay to the City of Colleyville, Texas,
2% of the gross income attained from the use of the franchise by the grantee,
in full payment for the privilege of using and occupying the streets, highways,
easements, alleys, parks and other public places in the City of Col1eyville,
Texas, whether as rental, supervision and inspection charge., or otherwise.
The payments so made shall be in lieu of any other tax, auel!lsmenta or other
charges, except ad valorem taxes. The payments shall be made to the City of
Colleyville, Texas on the first day of December, beginning December 1, 1971.
-2-
VCLl.n,rr; r _'t'jj~Gli;~-1Z.
VIII.
A failure upon the part of the grantee herein, his heirs and a15!1igns,
to observe the terms and restrictions of this ordinance, shall, if continued
or persisted in after due notice in writing from the board of councilmen to
the gl'antee herein, and due opportunity to observe this ordinance or to remedy
non-observance thereof, be grounds for the forfeiture and termination of all
rights under this gl'ant.
PASSED AND APPROVED this the / 5 day of
-
! /,,
/f 1/
r / {.A,Ii..J , 1971.
r ,b
'- I
/
ATl'EST:
~LL,;f J bMcL
ity Secretary
ACCEPrED:
-3-