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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-