Ord. 0055 1962-08-03 TH~ STATE OF T~:XAS ) ~ ~]//~A/~-
COUNTY OF BRAZOR~ )
A. D. 1962, by and between the CITY OF PEARLAND, TE~S, a munlci~t
corporation, acting by and through its duty authorized officers, ~he un~r-
si~ned, herei~fter ca/ted "CITY" and BILLY ED~ GRIFF~ and LEROY
GH~FIN, dot~ business a~ Griffin B=others, of ~eariand, Brazoria Count~,
Te~s, heret~fter ca[ted "CONTBACTOHS":
WIT~SSETH:
WHEH~S, the CITY and CONTHACTOHS ~esire to ensase In an
a~eement for ~e purpose of t~ coHection ~d disposal of ~avba~e or of~l
within the City of Pea~[and, Te~s.
~W, T~EFORE, In consideration of ~e ~eeme~t aad con~tions
herein con~ined and the ~ent of the ~rmit conside~ation he~ein men-
tioned, ~e CITY ~nd CO~HACTORS do mutaalty asree and are ~und as
fot[ows:
I.
For and in co~lderation of Twen~-five ($25.00) ~Hars ~r
~bie ann~[ly In a~ance, the first such ~a~s const~=ati~ ~b~e
upon the execution heeeo/, ~he CITY, hereby ~rants and permits non-exciasiv
franchise rights and p~ivite~e~ to the CONTRACTORS to operate ~e busines~
of collection and ~sposa/ oI sa~e within the City of ~ear[and, and ~
a monthly, we~kl~ or semi-monthly charse ~o the in~vi~a[ replants ef
the City ~in~ char~ed for sac~ services of collection and ~sposa~ of
the amount of such cha~es s~[ be aubject to approval of ~e CITY C~nct[
of the City of Pentland, Te~s.
The CONTRACTORS shall have the right and privile~e a.d they are
h~reb,- granted the option of extension of the term of this Contract which sha~l
be for a ~riod or term of five years, for an ad~tto~[ five year period un~r
the same terms and con~tions aa herein granted for the origin[ term of five
year~, with exception of the annual[ tic.nee fee, w~lch shatt be the sum of
~ifly ($50.00) ~[lars ~r year for each and every year ~rin~ such period
of op~on of extension. Said license fee s~tt be payable annually in ad~nce
~rin~ each and every ~ar upon which ~ent the ~TY will issue a receipt
duly exec~d, therefor.
The CONTRACTORS ~ree to furnish during the termof this a~ree-
ment, a sufficient number of tr~cka in no event tess t~n one with a driver
for every tr~ck, for the ~se of collection and dts~sin~ of att garbage
wtt~n the Cl~ of Peartand. Att trucks and eqaipmeat f~r~s~d ~ CON-
TRACTORS wit[ be of a sui~bte t~e for ~e ~r~se of co[[ectin~ of garbage
with due re~ard to the ecoabmical and profl~bte operation ~f ~a~e colt.c-
tioa se~ices and wl~h the murat desire on the ~rt of ~th parties hereto
that ~e best ~ssibte service will ~ rendered ~ the citizens of Pearland,
The ~nttre coat of operation of trucks and equipment s~tt be ~rne
by CONTRACTORS, who shall for att intent and p~r~se ~ considered as
independent contractors ~lth the Ci~ of Pearland, Te~s.
The CONTRACTORS a~ree to ~r~sh the am~nt of equipment and
n~mber of tracks reaso~biy necessary to carry ~t ~e ~r~se of t~s
contract, p~o~tded t~t in the event the collection ma~ by CONT~AGTO~S
shall prove inadequate ~o ~ive a fair return on the tnves~eni commensurate
wl~ the work involved, then such CONTRACTORS shall m~e applica~on ~
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the CITY of PearLand for an increase in gartmge coliec~ioa ra~es and the City
agrees that said CONTRACTORS shall be entitled to a fair re~urn and
Eive eve~ reaso~bie consideration ~o any application made for an increase
ia ~arba$e col[ectton ~ates by CONTRACTORS provided that it shall be the
~ty and obllsation of GO~RACTORS t~ effect t~ir own collection for
se~lces rendered and the CITY ~[{ in no manner be kiabte or res~nsib[e
for the payment of any such services.
V.
The equipment and ~ucks furnished by CONTRACTORS s~[[ be
safficlen~ ~o provt~ for the collection of gar~ge ms follows:
(a) Ail Earba~e s~[[ ~ collected a~n proper pa~ent to CONTRACT
ORS for sai~ services from eve~ bui[~ns used for reside~ia[ ~r~ses at
least twice each week, provi~d t~t s~td se~ices can ~ maintained In
eco~omica~ ~nd profl~b[e manner, the ~ys of collection and roates ~
followed to be ~rnished to CITY by CONTRACTORS In 9r~r ~t
notice ,~i~ht be ~iven by CONTRACTORS or CITY to aH residents desitin
~o ~ve their Earba~e picked
(b) All ~arba~e s~{[ be collected for business, com~ rcia[,
indastria[ and institutional es~biis~ents In the City of Pear[and at
~ice each week provided t~t said services can ~ main~ed in an economi-
cal a~ profl~bie manner. For ~e ~rpose of ~s contract, ~siness,
commercial, industrial and tnstita~io~ establishments shall include ~t
not ~mi~ed to stores, markets, :es~urants, hospi~[~, factories, sch~ls
churche~ and ~imi~r establishments. The CONTRACTORS s~[[ likewise
de~l~te routes and schedules for trucks in the same m~ner as provi~d
for the co[[ection of ~arba~ in :esidcntia[ ~ll~n~s outlined in the prece~ns
~ra~raph.
The CITY of ~ear~nd will issue a proper ~it for the colleclion
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4000.
and disposal of garbage for each vehicle used by CONTRACTORS in carrying
out this agreement.
VII.
The CONTRACTORS agree to carry public liability and property
damage insurance provided for minimum limits of $10,000.00 and $20,000.03
with proper rider attached protecting the City of Pearland from any claims,
suits or causes of action that might arise against CONTRACTORS or the City
by the reason of the operation of such garbage collection and disposal project
A Certificate of said insurance shall be filed with the City Secretary of the
City of Pearland, Texas upon the issuance of permit or permits herein
provided.
d
is via 4644Qa4 Cnle Si.°annum &j&Lt 4a 4.a4.crtQRCQC ca..opi WC
IX.
The City shalt retain control of the garbage disposal dump and
cooperate with CONTRACTORS in maintaining an orderly and sutbte
disposal of such garbage.
X.
The CITY reserves the right to engage in such business if, in the
opinion of the City Council, a public necessity exists therefor. but the CITY
agrees that it will not so engage in such business so long as the services
performed and rendered by CONTRACTORS are satisfactory.
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×I.
Any comp~int registered with the GITY shah be conveyed forthwith
to the CONTRACTORS and appropriate action taken by them to correct the
same,
· he CITY of PearLand reserves the righ~ to de,ermine the rates to
~ cha~ed by CONTRACTOr, S a~ prior to ~he execution of tMs agreeme~,
the CONTRACTORS and Members of the City Council sha[i determine proof
ra~es to be char~ed by CONTRACTORS and ia the event such r~tes prove
be excessive or [~dequate, ~ the CONTRACTORS wi[[ ~ke immolate
steps to correct the am~t of char~es, bu~ such ~eservatio~ by the CITY
s~[[ never be construed on any basis other than that CONTRACTORS
be considered and construed ~ Be fnde~ent co~ractors wi~h ~he Ci~ of
Pear [and. Te~s.
X~I.
The CITY recognizes tha~ the be~t interest can be provided
i~ close cooperation with CONTRACTORS and agree t~t in the interest of
t~ citizens of Pearland, Te~s, t~t it wil~ not enter [nto any similar
contract w~th t~rd ~rties unies~ ~blic necessity requires s~h and due
consl~tion Be given ~o ~he rights of ~th ~rties to ~is agreement.
effectXIV. ~
agreement sha[t ~ in fr~ the y of~,
1~62 and ~[~ extend for a ~rtod of five ~ear~ therea/te~ as the origi~L
~d a~reed t~ t~s contract s~ll not be transiorred, assigned or 8~biet
without ~he consent of the Gity G~ncii in wrl~ ~o any tn~nded tra~fer
or assiEnmeat.
WIT~SS the hands of the CiW of Pearland by and throu~h its
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authprized officers, the undersigned, and the CONTRACTORS on this the
�day of 4,)oas 7- ,A. D. 1962.
(Corp. Seat)
ATTF,$T:
T% t4
secretary-T_ asu r
THE STATE OF TEXAS
COUNTY OF BRAZORIA
CITY OF PEARLAND, TEXAS
By:
E. T. Gibbons, Mayor
•
Leroy Gfiffin
)
)
BEFORE Mom, the undersigned authority, on this day personally,
appeared E. T. GIBBONS, Mayor of the City of Pearland, Brazoria County,
Texas, known to me to be the person and officer whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed and in the capa-
city therein stated as the act and deed of said Municipal corporation.
(Seat)
GIVEN UNDER MY HAND and seat of office this the
. D. 1962 .
Lkc,CLfy S42j"1-11
y of
Notary Public in and for Brazoria
County , Texas.
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