HomeMy WebLinkAboutOrd 129(A)-Zoning PD 23-2004 PurserCITY OF ANNA, TEXAS
ORDINANCE NO. 129-2004
(14.692 ACRE PURSER TRACT)
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE
ZONING MAP OF THE CITY OF ANNA TO PROVIDE FOR REZONING OF
CERTAIN PROPERTY; PROVIDING A REPEALER CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the owner of the property described in Exhibit B attached hereto has
requested a certain zoning for said property; and
WHEREAS, the City Council of the City of Anna has given the requisite notices and
afforded a full and fair hearing to all property owners generally and to all persons
interested in and situated in the affected area and in the vicinity thereof, the City
Council of the City of Anna has concluded that the Zoning Ordinance of the City of
Anna should be amended as follows:
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. The comprehensive Zoning Ordinance of the City of Anna, Texas, is
amended by zoning the property described in Exhibit B as Planned Development No.
23-2004 (PD 23-2004).
Section 2. The Planned Development No. 23-2004 shall have the following zoning
use regulations:
A. Agricultural Area
The permitted uses in the area described as "Agricultural' in Exhibit C — Zoning
Concept Plan shall be the same as those permitted in the "AG — Agricultural'
zoning district.
B. Commercial Area
The permitted uses in the area described as "Commercial' in Exhibit C — Zoning
Concept Plan shall be the same as those permitted in the "C-2 — General
Commercial' zoning district, except as follows:
The Schedule of Uses relating to the property described as "Commercial' in Exhibit
C — Zoning Concept Plan is attached as Exhibit A and made an integral part of this
ordinance.
Section 3. All provisions of the City of Anna Zoning Ordinance not in conflict with
the provisions of this ordinance shall pertain to the property described in Exhibit B.
123-2004 Zoning — Purser 14.69 Acres 03/09/2004
Page 1 of 2
Section 4. The official Zoning Map of the City of Anna shall be corrected to reflect
the change in zoning described herein.
Section 5. All ordinances of the City of Anna in conflict with the provisions of this
ordinance are repealed to the extent of that conflict.
Section 6. This Ordinance shall take effect immediately from and after its passage
and the publication of the caption of said ordinance as the law in such case provides.
PASSED on this 9`" day of March, 2004, by the following vote of the City Council of
the City of Anna,
(Texas.
AYES /
NAYS.44
ABSTAIN
APPROVED: ATTEST:
or Cit ecretary
123-2004 Zoning — Purser 14.69 Acres 03/09/2004
Page 2 of 2
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Page 1
SOLID WASTE COLLECTION CONTRACT
THIS CONTRACT, made and entered into this day of
2005, by and between the CITY OF ANNA, TEXAS, a Municipal Corporation of
Collin County, Texas (the "City"), and JOE W. BRADSHAW doing business as
"Bradshaw & Sons Trash Service" (the "Contractor").
1.00 BACKGROUND
The City and the Contractor have negotiated and agreed on the terms and
conditions set out herein according to which the Contractor will provide the City with
the scope of services outlined below in Sections 4.00 — 4.09.
2.00 DEFINITIONS
Acceptable Container - Any commonly available light gauge steel, plastic, or
galvanized receptacle of a non-absorbent material, closed at one end and open at
the other, furnished with a closely fitted top or lid and handle(s). A receptacle also
includes a heavy duty, securely tied, plastic garbage bag designed for use as a
garbage receptacle. Any receptacle including waste materials shall not exceed 30
gallons in capacity or 50 pounds in weight.
Bulky Items - Waste that includes appliances, furniture and like items other than
construction materials or hazardous waste, with weight or volumes greater than
allowed in approved containers.
Bundle - Tree and brush trimmings, or newspapers and magazines securely tied
together forming an easily handled package not exceeding four feet in length or 50
pounds in weight.
City - The City of Anna, Texas.
Commercial Waste.- Waste contained in a dumpster or roll -off bin.
Complaint - A communication from a customer concerning service, which upon
investigation by the Contractor or the City, is determined to be correct and shall
prompt some action by the Contractor or the City.
Construction Waste - Waste building materials resulting from construction,
remodeling, repair or demolition operations.
The Contract - This Contract.
Page 2
Contract Area - The area within the bounds of the City at the date of this Contract
and any other areas that may be incorporated by the City during the term of this
Contract.
Customer - Any occupant of a residential unit or other building located within the
City of Anna, Texas, which does not dispose of waste by placing it in a dumpster or
roll -off bin.
Dead Animals - Animals or portions thereof, that have expired from any cause,
except those slaughtered or killed for human use and properly placed in an
Acceptable Container must be disposed of separately from this contract. Small
household animals weighing less than 15 pounds are acceptable for disposal.
Employee - Any full-time or part-time employee of Contractor.
Hazardous Waste - Any chemical, compound, mixture, substance or article which is
designated by the Environmental Protection Agency, or appropriate agency of the
State, to be "hazardous" as that term is defined by, or pursuant to Federal or State
Law. This term does not include small generator household hazardous waste as
those terms are defined by Federal or State Law.
Household Waste - Waste produced at a Residential Unit, but not including
hazardous waste. Single family, duplexes, triplexes and fourplexes are included
and shall be separately billed if more than one living unit is in one building.
Landfill -A lawfully permitted sanitary landfill of the Contractor's selection.
Utility - A public service provided by a public or private company such as natural
gas, electricity, telephone, cable television, storm and sanitary sewers and other,
that are normally located in or above a public or private street or right-of-way. Utility
does not include the public or private street. For the purpose of this proposal, a
utility as defined above, shall be located in or above the right-of-way in a manner
which is consistent with governmental regulations and safe utility practices.
Subcontractor - any person or entity that performs any of the work that is the subject
of this contract who is not an employee of Contractor.
Yard Waste - Grass clippings, leaves, brush and shrubbery trimmings.
3.00 SCOPE OF SERVICE
The Contractor is hereby granted the exclusive right, contract and franchise to
operate and provide solid waste collection and disposal service for all solid waste
within the incorporated limits of the City, provided that such waste does not
constitute commercial waste. The Contractor may not provide solid waste collection
Page 3
and disposal service for commercial waste. The Contractor shall furnish all
personnel, labor, equipment, vehicles, and all other items necessary to provide such
solid waste collection and disposal service as specified and called for in this
Contract and attached Contract documents.
3.01 MANDATORY PICKUP
Each customer within the city limits of the City shall be automatically enrolled
and shall become a subscriber to this service upon enactment of this
contract. The City shall, when requested, furnish the Contractor with a list of
all water connections to customers located within the City but no more
frequently than once each quarter. The Contractor shall not disclose any
personal information — including but not limited to names, addresses or
phone numbers — shown in said lists to any third party without written
consent of the City.
3.02 SERVICE PROVIDED
a. The Contractor shall provide curbside collection service for the
collection of all waste, except commercial waste, placed in acceptable
containers to each customer every Tuesday and Friday. Bags and
containers shall be placed at curbside by 7:00 A.M. on the designated
collection day.
b. The Contractor will dispose of solid waste, except commercial waste,
from the corporate limits of Anna, Texas. The contractor agrees to
provide refuse removal service by use of approved and properly
maintained equipment. The service is to include all personnel,
supervision, and equipment necessaryto effect properwaste removal
from the City. Refuse includes all solid waste, otherthan commercial
waste or hazardous, toxic, or other materials disallowed by federal or
state regulations. Waste removed from the City will be properly
disposed of in a legally permitted landfill under applicable federal,
state and county regulations.
C. The Contractor shall provide transportation of collected waste and
refuse to a permitted landfill site for disposal.
d. The Contractor will provide free hand pickup twice a week for all
churches in the City.
e. Large items shall be collected for customers at least once per month.
Large item pickup is included in the Contract rate unless the items
are business related or building materials.
Page 4
Hand pickup shall be provided at no cost to City facilities.
The Contractor must adhere to the current City of Anna ordinance(s)
regulating trash service and all state and federal law regarding trash
service or waste disposal. All applicable State laws, municipal
ordinances, and the rules and regulation of all authorities having
jurisdiction over the work to be performed shall apply to the Contract
throughout, and they will be deemed to be included in the Contract as
though written out in full in the Contract.
h. Trucks larger than 15 -yard capacity shall not be used to collect waste
except in emergency.
All billing for City trash and collections to city customers, unless
agreed to separately, will be the responsibility of the City of Anna.
j. All bills from the successful bidder to the City, other than bills for flat
rate charges, will be supported by a list including name, location,
service provided and cost.
3.03 LOCATION OF ACCEPTABLE CONTAINERS AND BUNDLES FOR
COLLECTION
a. Each container and/or bundle shall be placed at curbside for
collection. Curbside refers to that portion of right-of-way adjacent to
paved or traveled City roadways. Bags and containers shall be placed
as close to the roadway as practicable without interfering with or
endangering the movement of vehicles or pedestrians. When
construction work is being performed in the right-of-way, containers
and/or bundles shall be placed as close as practicable to an access
point for the collection vehicle. The Contractor may decline to collect
any waste not so placed.
Each container and/or bundle shall be placed in an accessible,
outside location on a hard surface according to the individual
agreement. The Contractor may decline to collect refuse not so
placed.
4.00 COLLECTION OPERATION
4.01 HOURS OF OPERATION
Page 5
Collection of waste shall not start before 7:00 A.M. or continue after 7:00
P.M. on the same day. Exceptions to collection hours shall be effected only
upon the mutual agreement of the City and the Contractor, or when the
Contractor reasonably determines that an exception is necessary in order to
complete collection on an existing collection route due to unusual
circumstances.
4.02 ROUTES OF COLLECTION
The following provisions are subject to review by the City:
a. Collection routes shall be established by the Contractor.
b. The Contractor may from time to time change routes of collection.
C. The Contractor may from time to time change the days of collection.
The Contractor shall promptly give advance written notice to the City
and affected customers.
4.03 HOLIDAYS - The following shall be Holidays for purposes of the Contract:
New Year's Day
Thanksgiving Day
Christmas Day
The Contractor may decide to observe any or all of the above-mentioned
Holidays by suspension of collection services on the Holiday, but such
decision in no manner relieves the Contractor of its obligation to provide
collection service at least two times per week.
4.04 COMPLAINT HANDLING BY CONTRACTOR
The Contractor, at its expense, will provide a telephone answering service
from 8:00 A.M. until 5:00 P.M. daily, Monday through Friday, excluding such
holidays as may be approved under this Contract, for the purpose of
handling complaints and other calls regarding refuse collection service
provided by the Contractor. The Contractor will secure an annual listing in
the local phone directory with coverage of Anna, underthe name by which it
conducts business in the community. All complaints can be made directly to
the Contractor and shall be given prompt and courteous attention. In the
case of alleged missed scheduled collections, the Contractor shall
investigate and if such allegations are verified, shall arrange forthe collection
of the refuse not collected within 24 hours after the complaint is received.
Page 6
The Contractor will check with City Hall during the collection day and at the
conclusion of the collection day to address any complaints.
4.05 COLLECTION EQUIPMENT - The Contractor shall provide an adequate
number of vehicles for regular collection services. All trucks will be 15 yard,
single axle with tag system. All vehicles and other equipment shall be kept in
good repair, appearance, and in sanitary condition at all times. Each vehicle
shall have clearly visible, the identity and telephone number of the
Contractor, in letters not less than two inches in height.
4.06 OFFICE - The Contractor shall maintain an office or such other facilities
through which it can be contacted. It shall be equipped with sufficient
telephones and shall have a responsible person in charge from 8:00 A.M. to
5:00 P.M., Monday through Friday.
4.07 HAULING -All refuse hauled by the Contractor shall be so contained, tied or
enclosed that leaking, spilling or blowing are reasonably prevented.
4.08 DISPOSAL -The Contractor shall deliver all collected material to a permitted
disposal facility and/or processing facility from time to time designated by the
Contractor.
4.09 BULKY ITEMS - The Contractor shall provide a bulky item/white goods
pickup on each Friday at no charge*. Bulky item/white goods consist of old
furniture, old appliances and water tanks. Refrigerators and air conditioning
units must be serviced and tagged by a registered technician for removal of
Freon before pickup.
* Amount that can be placed at the curb at no additional charge shall not
exceed 2 cubic yards (approximately 6'x Tx 3').
For an amount of Bulky material that exceeds this rough dimension, a
customer shall call the offices of the Contractor to receive a quotation for the
removal of this larger quantity.
Brush shall be bundled so as to meet the definition in Section 2.00. Three
bundles per customer, per service day, will be collected at no additional
charge.
For an amount of Bulky material that exceeds this rough dimension, a
customer shall call the offices of Contractor to receive a quotation for the
removal of this larger quantity.
5.00 COMPLIANCE WITH LAW
Page 7
The Contractor shall conduct operations under this contract in compliance with all
applicable laws; provided, however, that the specifications of this Contract shall
govern the obligations of the Contractor where there exist conflicting ordinances of
the City on the subject, unless such ordinances are mandated by State or Federal
law.
6.00 EFFECTIVE DATE
This Contract shall be effective upon the execution of the Contract, and
performance of such Contract shall begin as soon thereafter as practicable.
7.00 EMPLOYEE RELATIONS
7.01 EQUAL OPPORTUNITY
All contracts awarded by the City are subject to provisions of State and
Federal laws to include the following:
a. The Contractor will ensure that applicants are employed and the
employees are treated during employment without regard to their
race, color, sex, religion, national origin, disability orage. Such action
shall include, but not be limited to, the following: upgrading, demotion
or transfer; requirement of advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for
employment, notices to be provided by an appropriate agency of the
Federal government setting forth the requirements of these
nondiscrimination provisions. The Contractor will comply with the
ADA and regulations promulgated pursuant thereto regarding
qualified individuals with a disability.
b. The Contractor will state, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, national origin, sex, disability or age.
C. The Contractor will, to the extent practicable, utilize minority-owned
and women -owned businesses in purchases and contracts initiated
after the Effective Date of the Contract in compliance with any
Minority Business Enterprise policy adopted by the City.
7.02 PERSONNEL
Page 8
All personnel shall be competent and skilled in the performance of the work
to which they are assigned. The Contractor shall establish and maintain
criteria for the hiring and performance of its personnel to monitor the
competency and skill of its employees.
8.00 INDEPENDENT CONTRACTOR STATUS/ INDEMNITY/ WAIVER
It is expressly understood and agreed that the City has no right of control,
supervision, or direction over any work performed by the Contractor, its employees
or its subcontractors, nor does the City have any control, supervision or direction of
the means, methods, sequences, procedures, and techniques utilized to complete
such work. There shall be no joint control over any such work. The Contractor
agrees to fully defend, indemnify and hold harmless the City from any claim,
proceeding, cause of action, judgment, penalty, or any other cost or expense arising
or growing out of, associated or in connection with all such work. The
indemnification includes, but is not limited to, attorney fees incurred by the City in
defending itself or in enforcing this Agreement. By entering into this Agreement,
Contractor waives all rights and remedies in law or in equity except to seek
enforcement of specific performance of the obligations under this Agreement. This
provision is not intended to and does not waive any of the City's governmental
immunities, including immunity from suit and liability.
9.00 LICENSES AND TAXES
The Contractor shall obtain all licenses and permits (other than the license and
permit granted by the Contract) and promptly pay all taxes and fees required by the
City and by the State or this Contract.
10.00 TERM & TERMINATION
The contract shall be for one year. The initial term of this contract shall
automatically be extended for successive one-year terms, unless either party
notifies the other party in writing, not less than 90 days prior to the expiration of the
initial one-year term, or of any successive one-year term, of its intention to terminate
the Contract. Any such written notice shall be served by certified or registered mail,
return receipt requested.
It is expressly understood and agreed that, if at any time the Contractor shall fail to
perform any of the terms, covenants, or conditions herein set forth, and shall fail to
correct same within 15 days after written notice from the City, the City may, after a
hearing as described herein, revoke and cancel the franchise herein granted, and
the Contract shall become null and void. The hearing prerequisite to such
revocation shall not be held until notice of such hearing has been given to the
Contractor by registered mail, addressed to the Contractor at the address shown on
the records of the City, and a period of at least 15 days has elapsed since the
Page 9
mailing of such notice. The notice shall specify the time and place of the hearing
and shall include the reasons for revocation of such franchise and this Contract.
The hearing shall be conducted in public by the City Council, and the Contractor
shall be allowed to be present and given full opportunity to answer such charges
and allegations as are set forth in the notice. If, after the hearing is concluded, the
City Council shall determine that the charges and allegations set forth in the notice
are supported by the facts presented at the hearing, they may revoke and cancel
this Contract and the franchise, and the same shall become null and void.
11.00 INSURANCE
11.01 INSURANCE REQUIREMENTS
The Contractor shall secure and maintain throughout the duration of the
Contract, insurance issued by a carrier authorized to do business in Texas,
of such types and in the amounts specified herein to protect the Contractor
and the interests of the City against all hazards or risks of loss as hereinafter
specified with the City named as additional insured on all policies. Contractor
shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from
or in conjunction with the performance of the work hereunder by the
Contractor, his agents, representatives, employees, or subcontractors. The
form and limits of such insurance, together with the underwriter thereof in
each case, must be acceptable to the City but regardless of such acceptance
it shall be the responsibility of the Contractor to maintain adequate insurance
coverage at all times. Failure of the Contractor to maintain adequate
coverage shall not relieve the Contractor of any contractual responsibility or
obligation. Each policy shall provide that there will be no alteration or
modification which reduces coverage in any way prior to 30 days written
notice being given to the City. A copy of each policy, or at the City's
discretion, a certificate of insurance, shall be filed with the City Secretary's
office.
Contractor agrees that it will report in advance of all necessary periods, the
identity of all full-time employees, part-time employees, and subcontractors
on appropriate IRS tax forms (W-2, 1099, etc.) that perform any work in
connection with this Contract and will further report this information to any
necessary party as required by the insurance policy maintained by
Contractor— of which the City is a certificate holder— in connection with the
trash service to be provided under the Contract.
11.02 Worker's Compensation / Employer's Liability
This insurance shall protect the Contractor against all claims which are
brought or which can be brought under applicable State worker's
Page 10
compensation laws. The Contractor shall also be protected against claims
for injury, disease, or death of employees which, for any reason, may not fall
within the provisions of a worker's compensation law. The liability limits shall
not be less than:
Worker's Compensation & Disability Statutory or equivalent
protection
Employer's Liability
$1,000,000 each
occurrence
The Contractor shall maintain during the life of this Contract such Public
Liability Insurance as shall protect it against claims for damages resulting
from (a) bodily injury, including wrongful death, and (b) property damage,
which may arise from operations underthe Contract whether such operations
are conducted by Contractor or by any subcontractor or anyone directly or
indirectly employed by either of them. The minimum acceptable limits of
liability to be provided by such Public Liability Insurance shall be as follows:
a. Bodily Injury Limits $ 1,000,000 each occurrence
$ 1,000,000 each aggregate
b. Property Damage Limits $ 500,000 each occurrence
$ 500,000 each aggregate
C. Environmental Impairment $1,000,000 each occurrence
$1,000,000 each aggregate
The Public Liability Insurance required by the preceding subparagraph shall
include the following extensions of coverage:
a. The property damage coverage shall include a Comprehensive
General Liability for above policy or similar thereto.
b. The property damage coverage shall be included.
C. Contractual Liability coverage shall be included.
d. Protective Liability coverage shall be included to protect the
Contractor against claims arising out of operations performed by its
subcontractors.
e. Products liability and/or Completed Operations coverage shall be
included.
Page 11
11.03 Automobile Liability Insurance
The Contractor shall take out and maintain during the life of the Contract
such comprehensive automobile (vehicle) liability insurance as shall protect it
against claims for damages resulting from (1) bodily injury, including wrongful
death, and (2) property damage, which may arise from the operations of any
owned, hired or non -owned vehicles used by or for it in any capacity in
connection with the carrying out of the Contract. The minimum acceptable
limits of liability to be provided by such comprehensive vehicle liability
insurance shall be as follows:
Bodily Injury Limits
$1,000,000 each occurrence
b. Property Damage Limits $1,000,000 each aggregate
11.04 Umbrella Policy
This insurance shall protect the Contractor against all claims in excess of the
limits provided under Worker's Compensation, Comprehensive Automobile
Liability, and the Comprehensive General Liability. This policy shall provide a
liability limit of $1,000,000 (for Residential and Household Waste Collection)
and $1,000,000 (for Yard Trash Collection) with a hold harmless provision to
protect the City from any claims arising as a result of services.
11.05 Certificates of Insurance
If certificates of insurance are provided, and accepted by the City, in lieu of
actual policies, the following requirements must be met:
a. Each certificate shall provide that if the policy is to be canceled, or the
amount of coverage reduced, before its expiration date, the issuing
company will mail 30 days written notice to the City.
b. Each certificate of insurance shall state the type of coverage certified
and shall be identified as one of the following:
Insurance Coverage
Worker's Compensation
Employer's Liability
Comprehensive General Liability
Limits
Statutory
$1,000,000 each occurrence
Page 12
Bodily Injury $ 1,000,000 each occurrence
$ 1,000,000 each aggregate
Property Damage $ 500,000 each occurrence
$ 500,000 each aggregate
Environmental Impairment Liability $ 1,000,000 each occurrence
$ 1,000,000 each aggregate
Comprehensive Automobile
Bodily Injury $ 1,000,000 each occurrence
Property Damage $ 1,000,000 each occurrence
Umbrella Policy $ 1,000,000 each occurrence
12.00 BASIS AND METHOD OF PAYMENT
12.01 COMPENSATION
a. The City will pay Contractor $8.00 a month per customer using
acceptable containers.
12.02 BILLING, PAYMENT PROCESS
The City agrees to provide billing services to and from all customers and will
transmit funds collected, to the Contractor monthly. Payment shall be made
on or before the 15'h day of the month following the month in which payments
were collected and each succeeding month thereafter for the duration of the
Contract.
Page 13
12.03 DELINQUENT AND CLOSED ACCOUNTS
The Contractor shall discontinue refuse collection service for any
customer for non-payment to the City.
13.00 CAUSE FOR IMMEDIATE TERMINATION
The provisions of Section 10.00 notwithstanding, the City may cancel this Contract
by giving the Contractor ten days written notice, to be served as provided in Section
14.03, upon the happening of any one of the following events:
The Contractor shall take the benefit of any present or future insolvency
statute, or shall make a general assignment for the benefit of creditors, or file
a voluntary petition in bankruptcy (court) or a petition or answer seeking an
arrangement for its reorganization or the readjustment of its indebtedness
under the Federal bankruptcy laws or under any other law or statute of the
United States or any state thereof, or consent to the appointment of a
receiver, trustee or liquidation of all or substantially all of its property. In the
event that any bankruptcy, insolvency, reorganization, receivership, orsimilar
proceeding is instituted by or against the Contractor, or in the event the
Contractor makes an assignment for the benefit of creditors, the Contractor
shall not assert or list this Contract as an asset of such action; or
2. By order or decree of a court, the Contractor shall be adjudged bankrupt or
an order shall be made approving a petition filed by any of its creditors or by
any of the stockholders of the Contractor, seeking its reorganization or the
readjustment of its indebtedness underthe Federal bankruptcy laws or under
any law or statute of the United States or of any state thereof; or
3. By, or pursuant to, under the authority of any legislative act, resolution or rule
or any order or decree of any court or governmental board, agency or officer
having jurisdiction, a service, trustee or liquidation shall take possession or
control of all or substantially all of the property of the Contractor, and such
possession or control shall continue in effect for a period of 60 days; or
4. Failure to comply with any State or Federal law relating to health or safety
governing the service provided under this Contract or failure to obtain, and
maintain, any State or Federal permits required or any insurance coverage
stated herein. In the event of any such failure, termination shall be effective
upon the date specified in the City's written notice to the Contractor and upon
said date this Contract shall be deemed immediately terminated and upon
such termination all liability of the City under this Contract to the Contractor
shall cease.
Page 14
14.00 MISCELLANEOUS
14.01 ASSIGNMENT
The Contractor shall not assign the Contract or any portion thereof, nor
delegate any of the Contractor's rights or duties thereunder, to a party
unaffiliated with the Contractor without approval of the City.
14.02 GOVERNING LAW
This Contract shall be governed by the laws of the State of Texas as to
interpretation and performance. Any and all legal action necessary to
enforce this Contract will be brought in a court of competent jurisdiction in
Collin County, Texas.
14.03 NOTICES
Any notice, demand, communication, or request required or permitted
hereunder shall be writing, except where otherwise herein designated by
telephone, and delivered in person or sent by certified, return receipt
requested, United States Mail.
For the City:
Mayor,
City of Anna
P.O. Box 776
Anna, Texas 75409
For the Contractor:
Joe W. Bradshaw
1005 W. Houston
Anna, Texas 75409
Either party must notify the other, in writing, of a change in address or fax
number.
Notices shall be effective when deposited at the address as specified above.
Changes in the respective address to which such notice is to be directed
may be made from time to time by written notice.
14.04 EXPANSION OF CONTRACT AREA
The City may expand the Contract Area to property annexed or otherwise
incorporated by the City. The Contractor shall adjust service to the
expanded area upon receiving proper notification from the City. The monthly
rate paid to the Contractor will be adjusted based on the amount of service
provided to the expanded area.
Page 15
14.05 FORCE MAJEURE
If a party is prevented or delayed from performing any of its obligation
hereunder due to a natural or manmade event or condition not caused by
such party and beyond such party's reasonable control, then such party's
performance of those obligations shall be suspended until such time as the
event or condition no longer prevents or delays performance. If any event or
condition results in the creation of amounts of refuse in excess of ordinary
amounts, then the parties shall discuss, but shall not be bound to conclude,
terms and conditions for collection of those excess amounts.
14.06 SEVERABILITY
If any provision of this Contract shall be declared illegal, void or
unenforceable by a court of competent jurisdiction, the other provisions shall
not be affected by shall remain in full force.
14.07 MODIFICATION AND WAIVER
This Contract and the Contract documents constitute the complete
agreement, superseding any otherwriting and oral agreement. This Contract
may not be altered, revised or modified except by a written modification
signed and properly authorized by the parties.
The failure of the City at any time to require performance bythe Contractor of
any provisions hereof shall in no way affect the right of the City thereafter to
enforce same. Nor shall waiver by the City of any breach of provisions
hereof taken or held to be a waiver of any succeeding breach of such
provision or as a waiver of any provision itself.
14.08 PROPRIETARY INFORMATION AS PROPERTY OF CONTRACTOR
The Contractor and the City recognize that in order to comply with all the
terms and conditions of this Contract it may, on occasion, be necessary for
the Contractor to provide the City access to certain proprietary information.
To the extent that such information is individually noted and marked
"Proprietary" by the Contractor, the City acknowledges that such information
will be considered to be in the sole custody and control of the Contractor,
that the information is only being reviewed by the City and, that despite the
immediate location of such material, the Contractor shall never be deemed to
have provided the material to the City for its possession and control, nor to
include such information as a part of any public record. In the absence of a
court order issued by a court of competent jurisdiction, or a subpoena duly
issued according to law, should any person request access to such
information upon the basis of state freedom of information laws, the City
Page 16
shall give the Contractor notice of the request, shall refuse access to the
records of the requesting party, and shall request an opinion from the
Attorney General's office as provided by law. Nothing in this Contract should
be considered to mean that in the event it is necessary for purposes of
litigation, state or federal public finance laws, or otherwise, for the City to
publish such information, the City is waiving any right to request publication
or to comply with any appropriate order, statute, regulation, subpoena or
request for publication of such material. The City is not obligated to contest
any ruling or order of the Attorney General or other officer with jurisdiction
under the Open Records Act.
15.00 OWNERSHIP
Title to all waste shall pass to the Contractor when placed in the Contractor's
collection vehicle or removed by the Contractor from a bin or container.
16.00 CONTRACT INTERPRETATION
This Contract is the result of negotiation between the parties, and shall, in
the event of any dispute over the meaning or application of any portion
thereof, be interpreted fairly and reasonably, and neither more nor less
strongly for or against either party, regardless of which party originally drafted
the section in dispute.
IN WITNESS WHEREOF, the City and the Contractor have executed this Contract.
CITY OF ANNA, TEXAS
ml -
Kenneth
Kenneth Pelham
Mayor
THE CONTRACTOR:
Joe W. Bradshaw doing business as
Bradshaw & Sons Trash Service
Route 2 Box 52D
Anna, Texas 75409
ATTEST:
Barbara Hobden
City Secretary
(City Seal)
(Corporate Seal)
DESCRIPTION 14.629 Acres of Land s,
SITUATED in Collin, County, Texas, in the Thomas Rattan
Survey, Abstract No. 782, tieing about 1/2 mile east of U 5 Hwy.
No. 75, on the south side of Form Rood No. 455, and being a i
resurvey of part of the 15 acres of land described in o deed from
L. L. Roberts and wife, Doris Roberts to Leroy Purser dated June
17, 1983, recorded in Volume 1675, Page 709 of the Collin County
Deed Records, being described by metes and bounds as follows
BEGINNING at a 1/2" iron pin found in the east line of said
15 acre tract, in the south R.O.W. line of Form Road No. 455 and
at the northwest corner of the Oak Hollow Retail J. L, Venture
5.617 acres, Ref. V 4805, P. 460,•
Thence south 00233"east, with the east line of said 15
acre tract, the west line of said 5.617 acre tract and with on
old fence, passing o 112" iron pin found at the southwest corner
of sold 5.617 acre tract at 419.92 feet and the west, northwest
corner of the RH OF TX LTD. 32359 acres, Ref. V. 4805, P. 455
and continuing with said east line and with the west line of said
32359 acre tract, along and near said old fence, 1n oll 2465.98
feet to a 112" iron pin found beside o corner post at the
southeast corner of sold 15 acre tract, the southwest corner of
said 32.359 acre tract, and in the north line of the S W CHEE LP
$7.965 acres, Ref V 4878, P. 1146,•
Thence westerly with the south line of said 15 acre tract,
the north Ane. of sold 67.965 acre tract and with on old fence as
follows.
South 8976'10"West, 157.58 feet;
North 8935103"West, 106.15 feet to a 1/2" iron pin
found beside a, corner post at the southwest corner of said 15
acre tract, in the north line of said 67965 acre tract and at
the southeast corner of the Harrow Texas Prop Trust 49.961 acres,
Ref. Doc. ,No. 93-0048568,
Thence northerly with the west line of said 15 acre tract,
the east line of said 49.961 acre tract and with on old fence as
follows:
North 038'42"East, 231.41 feet;
North 020'58"East; 191.83 feet;
North 00770'Eost, 174:84 feet;
North 034'18"West, 336.63 feet:
North 02252 fast, 373.83 feet;
North 071'33"East, 272.74 feet;
North 00929"West, 225.56 feet
North 005'33fast, 623.75 feet to a 1/2" iron pin set
in the west line of said 15 acre tract, at the northeast corner
of said 49.961 acre tract and in the south ROW line of said
Form Rood No. 455
Thence north 8170'eost, 75.47 feet with said south R.O.W.
line to a 1/2" iron pin set at the P.C. of a curve to the right
from which the radius center lies South 850east, 1869.86
feet;
Thence easterly with said south R.O.W. line and with said
curve to the right, an arc of 183.79 feetaround a central angle
of 33754 with a radius of 1869.86 feet and a chord of 183.72
feet which bears North 635857fast to the PLACE OF BEGINNING
and containing 14.629 acres of land
CER RFICATION:
4 hereby certify that I made the survey on the ground on June 5,