Hawk Cove:Ord 100-8
ORDINANCE NO. 100-8 AMENDED
AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS, GRANTING TO REPUBLIC WASTE SERVICES OF TEXAS, D.B.A. DUNCAN DISPOSAL, A TEXAS CORPORATION ("CONTRACTOR"), THE RIGHT AND PRIVILEGE TO OPERATE AND MAINTAIN THE SERVICE OF GARBAGE AND TRASH COLLECTION AND HAULING OVER, UPON, ALONG, AND ACROSS THE PRESENT AND FUTURE STREETS, ALLEYS, BRIDGES AND PUBLIC PROPERTIES OF THE CITY; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH CONTRACTOR FOR MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES; PROVIDING REGULATIONS FOR THE OPERATION OF SERVICE; ESTABLISHING RATES FOR SERVICES; AND PROVIDING A SERVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Local Government Code, Chapter 51, provides for municipal ordinances not inconsistent with state law, necessary for the good order of the municipality; and
WHEREAS, the City Council has determined that it is in the best interest of the public health, safety and general welfare of the public to grant a franchise for the collection and disposal of municipal solid waste and to contract for such service for the citizens of this City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCL OF THE CITY OF HAWK COVE, TEXAS, THAT:
SECTION 1
That all of the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety.
SECTION 2
GRANT OF FRANCHISE.
That Contractor is hereby granted the right and privilege to conduct business for the purpose of collection and disposal of solid waste, garbage, refuse, trash, and rubbish (municipal solid waste), and recyclable materials collection and processing within the corporate limits of the City and any tracts, territories, and areas hereafter annexed to, or acquired by the City.
SECTION 3
AUTHORITY TO CONTRACT.
The Mayor is hereby authorized to execute a contract with Contractor to provide municipal solid waste collection and disposal services. The Contract between the City and Contractor, attached to this Ordinance as Exhibit A, is hereby incorporated by reference.
SECTION 4
REGULATIONS FOR OPERATION AND RATES.
It is expressly understood and agreed that the Contractor shall collect for disposal all solid waste, garbage, refuse, trash, brush, and rubbish accumulated on premises of residential units and commercial establishments within the corporate limits of the City and otherwise generated within the jurisdictional limits ofthe City, subject to the terms of this Ordinance. Contractor shall, at its own expense, furnish personnel and equipment to collect refuse, as described herein, and will establish and maintain, in an efficient and business-like manner, such routes and special schedules as may be necessary to fulfill the refuse service requirements contained in the ordinances and regulations of the City, and the further provisions of this franchise.
Contractor shall charge the rates defined in Exhibit A for the services provided to residential units and commercial establishments within the City.
Contractor shall provide solid waste collection service at the City Hall and police station at no charge.
SECTION 5
If any section, article, paragraph, sentence, clause, phrase of word in this ordinance or application thereto any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity ofthe remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 6
The fact the present ordinances and regulations of the City of Hawk Cove, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Hawk Cove, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public that requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained.
PASSED, APĘROVED AND ADOPTED THIS 113TH DAY OF AUGUST, 2011.
ORDINANCE NO. 100-8
AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS, GRANTING TO REPUBLIC WASTE SERVICES OF TEXAS, D.B.A. DUNCAN DISPOSAL, A TEXAS CORPORATION ("CONTRACTOR"), THE RIGHT AND PRIVILEGE TO OPERATE AND MAINTAIN THE SERVICE OF GARBAGE AND TRASH COLLECTION AND HAULING OVER, UPON, ALONG, AND ACROSS THE PRESENT AND FUTURE STREETS, ALLEYS, BRIDGES AND PUBLIC PROPERTIES OF THE CITY; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH CONTRACTOR FOR MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES; PROVIDING REGULATIONS FOR THE OPERATION OF SERVICE; ESTABLISHING RATES FOR SERVICES; AND PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Local Government Code, Chapter 51, provides for municipal ordinances not inconsistent with state law, necessary for the good order ofthe municipality; and
WHEREAS, the City Council has determined that it is in the best interest of the public health, safety and general welfare ofthe public to grant a franchise for the collection and disposal of municipal solid waste and to contract for such service for the citizens of this City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS, THAT:
SECTION 1
That all of the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety.
SECTION 2
GRANT OF FRANCHISE.
That Contractor is hereby granted the right and privilege to conduct business for the purpose of collection and disposal of solid waste, garbage, refuse, trash, and rubbish (municipal solid waste), and recyclable materials collection and processing within the corporate limits of the City and any tracts, territories, and areas hereafter annexed to, or acquired by the City. All residential units and commercial establishments located within the jurisdictional limits of the City shall contract with Contractor by separate agreement for their municipal solid waste collection and disposal service with Contractor during the term hereof, subject to the terms of this Ordinance.
SECTION 3
AUTHORITY TO CONTRACT.
The Mayor is hereby authorized to execute a contract with Contractor to provide municipal solid waste collection and disposal services. The Contract between the City and Contractor, attached to this Ordinance as Exhibit A, is hereby incorporated by reference.
SECTION 4
REGULATIONS FOR OPERATION AND RATES.
It is expressly understood and agreed that the Contractor shall collect for disposal all solid waste, garbage, refuse, trash, brush, and rubbish accumulated on premises of residential units and commercial establishments within the corporate limits ofthe City and otherwise generated within the jurisdictional limits of the City, subject to the terms of this Ordinance. Contractor shall, at its own expense, furnish personnel and equipment to collect refuse, as described herein, and will establish and maintain, in an efficient and business-like manner, such routes and special schedules as may be necessary to fulfill the refuse service requirements contained in the ordinances and regulations of the City, and the further provisions of this franchise.
Contractor shall charge the rates defined in Exhibit A for the services provided to residential units and commercial establishments within the City.
Contractor shall provide solid waste collection service at the City Hall and police station at no charge.
SECTION 5
If any section, article, paragraph, sentence, clause, phrase of word in this ordinance or application thereto any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remainin full force and effect.
SECTION 6
The fact the present ordinances and regulations of the City of Hawk Cove, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Hawk Cove, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare ofthe public that requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained.
CONCLUSION
PASSED, APĘROVED AND ADOPTED THIS 13TH DAY OF APRIL, 2000.