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HomeMy WebLinkAboutO-54-12-641 s► ORDINANCE NO. 54 AN ORDINANCE PROVIDING GARBAGE AND TRASH SERVICE FOR THE CITY OF ALLEN, ALLEN, TEXAS. BE IT ORDIINED BY THE COUNCIL OF THE TOWN OF ALLEN, TEXAS: SECTION 1: That the specified phrases and terms used in this franchise shall be used and understood herein as follows: (A) "grantee" shall mean Vernon G. Spurgin; (B) "governing body" shall mean the Council of the Town of Allen, Texas; (C) "garbage service" shall mean the pickup, hauling and disposing of garbage, trash and rubbish for compensation by the use of modern trucks with enclosed beds in and over the streets, alleys a and public ways of the Town of Allen, Texas; (D) "town" shall mean the Town of Allen, Texas. (E) "subscriber" shall mean Allen resident using garbage service. SECTION 2: That an exclusive franchise is hereby granted to Vernon G. Spurgin for the right and privilege to conduct and to operate a garbage service in the Town of Allen, Texas, for a term of three (3) years beginning on the effective date of this Ordinance, subjects to the definitions in Section 1 hereof and to the terms, con- ditions and regulations hereinafter prescribed in this Ordinance; SECTION #3: The collection and removal of garbage and trash from houses, buildings and premises used for residential purposes shall be made at least once each week. A fixed day shall be established for pick-up, with weather permitting. Fair and reasonable charges for such residential service shall be and are shown in the terms of dollars and cents for the calendar month as follows: (1) for single family residence . . . . . . . . . .. .... 2.00 (2) for duplex apartment buildings. . . . . . . . . . . 3.00 (3) for multiple apartment buildings. . . . . . . . . . (a) where all containers are centrally located the charge for each apartment shall be. .. 1.25 (b) where all containers are not centrally located, the charge for each apartment shall be 1.50 e SECTION 4: The collection and removal of garbage and trash from Houses, buildings and premises used for public, business and commercial purposes shall be divided into classes and for each class the fair and reasonable charge for such service for the calendar month shall be as follows: (1) garages and service stations . . . . . . . . . .$ 3.50 (2) hotels, motels and rooming houses . . . . . . . 5.00 (3) real estate, insurance and similar offices . . . 2.00 (4) beauty and barber shops . . . . . . . . . .. . . 2.00 (5) men and women's clothing and dry goods stores. . 3.50 (6) groceries and meat markets . . . . . . . . . . . 3.5o (7) restaurants . . . . . . . . . . . . . . . . . . 3.5o (8) unclassified ... . . . . . . . . . . . . . . .... subject to negotiation Provided, however, that the charges to such public, business and commercial buildings and premises shall be fair, reasonable and equitable and subject to negotiations between the Grantee and the person, firm or corporation making use of such service. Such garbage service shall be furnished to the town -operated partks, fire station and city hall without charge as this service is construed to be a part of the consideration of this franchise. SECTION 5: That this franchise for the garbage service by Grantee is for a public convenience and necessity for which there now exists in the Town a demand for a public convenience and necessity and because of which the Grantee shall at all times and at the insistence and as required by the governing body, make reasonable improvements and extensions of the garbage service and the Grantee shall at all times maintain his equipment in good mechanical condition with safe condition with safe tires and brakes and his trucks at all times shall be kept in a clean and sanitary condition and shall otherwise at all times obey the laws of the State and Town covering the oper- ation of motor vehicles in the town. The Grantee shall keep and maintain an adequate number of employees and vehicles to render sat- isfactory and competent service as required by the reasonable, general maximum demand for such service. The trucks operated by the Grantee shall be enclosed and otherwise constructed in such a manner so as to prevent the scatteging of the garbage and refuge placed therein. As a further consideration for the granted of this franchise, the Grantee covenants that he will not permit the operation of his motor vehicles over any unimproved street, alley or public way dur- ing inclement weather to the end that such unimproved street, alley or public way shall be rutted or damaged by his vehicles. SECTION 6: The Grantee shall keep and maintain an office or other place of business which may be reached by the residents of the Town of Allen by phone without toll charge and will keep and main- tain at such place, an employee or phone answering service so that persons desiring to make use of Grantee's service may contact the . Grantee during normal business hours. SECTION 7: The Grantee is further required to make his service available to all inhabitants of the Town of Allen, Texas, and to remove all garbage and trash accumulating on the premises of inhabi- tants of the Town of Allen who subscribed to his service, provided that such inhabitants shall furnish the necessary containers to hold the accumulation of garbage, trash and other refuge which accumulate on his premises. Such containers shall be located at a place mutually agreeable to the (}rantee and to the persons so desiring to make use of these services; provided that in the event that the Grantee and such person cannot agree upon a location for such con- tainers, then in that event, the Mayor of the Town of Allen shall designate the location of such container. It is further provided that if the nature of the trash, garbage or rubbish is so that it may not be placed in a container, then the same shall be securely tied into bundles and placed at the property line along the street or alley normally used by the Grantee's vehicles. SECTION 8: That before this franchise shall be effective the Grantee shall present to the Town a certificate of insurance evidencing that the vehicles to be operated by the Grantee in providing the service contemplated by this franOhise are covered by liability insurance in an amount not less than $50,000. on account of bodily injury or death and for damages to personal property, or the sum of $100,000. for all persons injured and all property damaged in any one Accident or occasion. SECTION 9: The Town shall collect on behalf of the Grantee all charges due hereunder monthly by adding the required charges onto the water and sewerage statement and shall remit the amount col— lected to Grantbe monthly, less 120 of such gross receipt which amount shall compensate the Town for the collection of the charges due to the Grantee; provided, however, that the Town does not guarantee the collection of the charges provided for herein but shall only remit to the Grantee his portion of the charges actually collected. All solicitations for new subscribers shall be the responsibility of the Grantee. SECTION 10: Dump Ground-- It shall be the responibility of the Grantee to provide disposal ground to be approved by the Town Council. SECTION 11: The caption of this ordinance shall be published one (1) time in a newspaper having general circulation in the Town of Allen, Texas and shall be effective immediately upon its passage and such publication. Duly passed and approved by the Town Council of the Town of Allen, Texas on this the 3rd day of December, 1964. Gentry T. Jones, yor Allen, Texas A. C. St_oF­y_,_ffty Secretary Allen, Texas