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Ord. 0620-1 11-04-91ORDINANCE NO. 820-1 AN ORDINANCE AUTHORIZING AND APPROVING AN AMENDMENT TO THE CONTRACT BY AND BETWEEN THE CITY OF PEARLAND, TEXAS AND BEST WASTE SYSTEMS, INC. FOR THE PURPOSE OF WORKING A REDUCTION OF RATES FOR CERTAIN NON-FOOD SMALL COMMERCIAL USERS, PRO- VIDING FOR A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section One. That certain contract amendment, a facsimile of which is annexed hereto, designated Exhibit "A" hereof and incorpo- rated herein for all purposes is authorized and approved. Section Two. The Mayor is hereby authorized to execute and the City Secretary to attest the annexed contract documents and counterparts thereof. Section Three. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section Four All rights and remedies which have accrued in the favor of the City under this Ordinance and its amendments thereto shall be and are preserved for the benefit of the City. Section Five This Ordinance shall become effective on November 1, 1991. PASSED and APPROVED on First Reading this a.cP day of 414-12.4 A. D., 1991. g C. V. CO L! Eft / MAYOR ATTEST: PAT JONES CITY SECRE"tARY frot PASSED and APPROVED on Second and Final Reading this '`/ day of 40-7-4-7-s-4--t-r-A. D., 1991. ATTEST: PAT JONES CITY SECRE Y APPROVED AS TO FORM: LESTER G. RORICK CITY ATTORNEY C. . COP MAYOR 2 EXHIBIT "A" TO ORDINANCE NO. 620-1 AMENDMENT TO RESIDENTIAL AyiZSQNNRRQTATt SOLID WASTE SERVICES CONTRACT THE STATE OF TEXAS 1 COUNTY OF BRAZORIA I AND HARRIS THIS AGREEMENT AND AMENDMENT entered on the date of execution to be effective November 1, 1991. WHEREAS, CITY OF PEARLAND and BEST WASTE SYSTEMS, INC. have negotiated a reduction in rates and pick-ups affecting certain Non - Food Small Commercial Collections Customers, as that term is defined herein; NOW, THEREFORE, THE PARTIES HAVE AGREED AS FOLLOWS: Section One. The Contract heretofore approved and existing between the parties is hereby amended at Section II. B. to read as follows: Contractor shall, twice each week, pick up from each small commercial establishment in the City and dispose of the contents of FIVE (5) garbage bags or containers not to ex- ceed THIRTY-TWO (32) gallons in size or FIFTY (50) pounds in weight. For the purpose of this agreement, a `small commercial' establishment shall mean multi -family dwellings or commercial business establishments which are ordinarily incapable of generating volumes of garbage in excess of those volumes described in paragraph one next above. Contractor shall pick up twice each week for small commercial at any suitable `curbside' location which is defined as any location upon the lot or yard of the small commercial establishment which is within FIVE (5) FEET of the roadway surface which affords the principal means of access to such small commercial establishment. Contractor may decline to collect any garbage not so placed, provided, however, that Contractor shall make a reasonable accommodation for those persons, who, by reason of age or infirmity, cannot place materials for pickup at a curbside location. 1 As an additional option for Small Commercial Customers that do not generate putrescible waste, Best Waste Systems, Inc. will, upon request, provide once -a -week curbside service for pick-up of FIVE (5) or fewer items according to the Price Schedule annexed as Exhibit "A" to this amendment." Deletion Two. The Contract heretofore approved and existing between the parties is hereby further amended at Exhibit "B", Price List, such that the price list shall hereafter read as reflected at Exhibit "A" to this amendment. election Three. The changes reflected by this amendment shall be effective November 1, 1991. In witness hereof, Contractor and City have executed this Amended Contract this '`/ day of 77a-u-o-n—A-k---/ , 1991. ATTEST: PAT JONES CITY SECRE ARY ATTEST: CITY OF PEARLAND, TEXAS By: ' C. V. CO MAYOR BEST WASTE SYSTEMS, INC. By: etkleiel R BERT C. DRENTH, PRESIDENT (9r-0� �1 HO S A. EVENHOUSE CORPORATE SECRETARY 2 EXH1t32T "B" CITY OF PEARLAND PRICE LIST EPPECTIVE NOVEMBER 1, 1991 RESIDENTIAL COLLECTION FOR HOUSEHOLD GARBAGE, BAGS ONLY (PRICES INCLUDE CITY'S FRANCHISE FEE) $ 7.15/Month for no limit per week per residence - bags only. -SHALL COMMERCIAL COLLECTION For small businesses that need no dumpster service such as: dry cleaners, doctors or real estate offices, barber shops, beauty shops, etc... 1.) $16.50/Month for once a week pick-up with curb service for businesses that do not generate putrescible waste. [Maximum of five (5) thirty-two (32) gallon containers[ 2.) $23.50/Month for twice a week pick-up with curb service. (Maximum of five (5) thirty-two (32) gallon containers) MONTHLY PEE FOR COMMERCIAL OR BUSINESS CONTAINER PICKUP Pee for a TWO (2) Cubic Yard Container 1 pickup per week $ 41.50 2 pickups per week $ 60.50 Fee for a THREE (3) Cubic Yard Container 1 pickup per week $ 50.50 2 pickups per week -$ 76.50 Pee for a FOUR (4) Cubic Yard Container 1 pickup per week $ 58.50 2 pickups per week $ 89.50 3 pickups per week $120.50 Fee for a SIX (6) Cubic Yard Container 1 pickup per week $ 72.50 2 pickups per week $119.50 3 pickups per week $151.65 4 pickups per week $201.70 5 pickups per week $251.76 6 pickups per week $301.81 Fee for an EIGHT (8) Cubic Yard Container 1 pickup per week - - - $ 85.50 2 pickups per week $146.50 3 pickups per week $201.70 4 pickups per week $268.44 5 pickups per week $335.18 6 pickups per week $401.91 Fee for a Commercial or Business Establishment Using a Roll -off Container Delivery Fee (One-time Charge) $ 75.00 Rental Fee for Permanent Use per Month $100.00 Rental Fee for Temporary Use per Day $ 6.00 20 Cubic Yard Roll -off Container per Pickup $241.50 30 Cubic Yard Roll -off Container per Pickup $266.50 40 Cubic Yard Roll -off Container per Pickup $291.50 Fee for Compactor 28 Cubic Yard Compactor per Pickup $281.50 40 Cubic Yard Compactor per Pickup $297.50 Front Load Compacted Trash per Cubic Yard $ 7.00 EXHIBIT "A" TO CONTRACT AMENDMENT AUTHORIZED BY ORDINANCE NO. 620-1