Ordinance No. 1,953ORDINANCE NO.1953
AN ORDINANCE OFTHECITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A
CONTRACT WITH GENE B.HAZELWOOD FOR THE OPERATION OF A
SANITARY LANDFILL FOR THE DISPOSAL OF THE CITY OF
BAYTOWN1S MUNICIPAL SOLID WASTE AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
WHEREAS,the City Council of the City of Baytown,
Texas,did authorize the administration to advertise for
bids forthe operation of a sanitarylandfill for the disposal
of the City of Baytown'smunicipal solid wastes;and
WHEREAS,notice to bidders asto the time and place,
when and where the contract would be let was published
pursuant to provisions of Section 74 of the Charter of the
City of Baytown;and
WHEREAS,all bids were opened and publicly read at City
Hall at 10:30 a.m.,Monday,February 2,1976,as per published
notice to bidders;and
WHEREAS,the City Council of the City of Baytown,
Texas,accepted the bid of Gene B.Hazelwood for the operation
of a sanitary landfill for the disposal of the City of
Baytown's municipal solid waste by Ordinance No.1945 dated
the 12th day of February,1976;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1:That the City Council of the City of Baytown,
Texas,hereby authorizes and directs the Mayor and City
Clerk of the City of Baytown to execute and attest to a
contract with Gene B.Hazelwood for the operation of a
sanitarylandfill forthe disposal of the City of Baytown's
municipal solid waste.A copy of said agreement is attached
hereto,marked Exhibit "A,"and made a part hereof forall
intents and purposes.
Section 2:This ordinance shall take effect immediately
from and after its passage by the City Council of the City
of Baytown,Texas.
INTRODUCED,READ and PASSED by the affirmative vote of
the City Council on this 26th day of February,1976.
eagv >t»
TOM GENTRY,Mayor\~/
ATTEST7:
EILEEN P.HALL,City Clerk
APPROVED:
,City Attorney
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EXHIBIT "A"
400
AGREEMENT FOR OPERATION OF
SANITARY LANDFILL
By
THE CITY
GENE
and
OF
B.
Between
BAYTOWN,TEXAS
and
HAZELWOOD
This agreement for the operation ofa sanitary landfill
made and entered into at Baytown,Texas,this day
of ,A.D.,1976,by and between the CITY OF
BAYTOWN,TEXAS,a Texas Municipal Corporation,hereinafter
called the "City",and GENE B.HAZELWOOD,having its principal
place of business in theCity of Baytown,Texas,and hereinafter
called the "Contractor";
WHEREAS,the City desires to dispose of municipal solid
waste generated in the City;and
WHEREAS,the City Council of the City of Baytown,
Texas,did authorize the administration to advertise for
bids forthe operation of a sanitary landfill forthe disposal
of the City of Baytown's municipal solid waste;and
WHEREAS,notice to bidders as to the time and place,
when and where the contract would be let was published
pursuant to provisions of Section 74 of the Charter of the
City of Baytown;and
WHEREAS,all bids were opened and publicly read at City
Hall at 10:30 a.m.,Monday,February 2,1976,as per published
notice to bidders;and
WHEREAS,the City Council of the City of Baytown,
Texas,accepted thebid of Gene B.Hazelwood for the operation
of a sanitary landfill for the disposal of the City of
Baytown's municipal solid waste by Ordinance No.1945 dated
the 12th day of February,1976;NOW THEREFORE,
In consideration of the mutual covenants and agreements
herein recited,by each to be performed,it is hereby agreed
by and between the parties hereto as follows:
1.DISPOSAL SITE.The contractor hereby agrees to
operate a sanitary landfill at a site located on a tract of
land out of the Christian Smith Survey,A-69,being out of
that certain tract conveyed to Charles Lee Liggett,et al by
deed recorded in Volume 5716 at Page 259 of the Deed of
Records of Harris County,Texas,described by meets and
bounds in Municipal Solid Waste Permit No.80,granted by
the Texas State Department of Health toGene B.Hazelwood(or
at any other mutually agreed upon site),hereinafter called
the "Landfill",for the complete handling,processing and
disposal,by the sanitary landfill method,of municipal
solid waste generated in the City of Baytown and collected
by the City,according to all of the terms and provisions
hereinafter contained,and according to all of theterms and
provisions contained in the Specifications For Solid Waste
Disposal For TheCity of Baytown,which not inconsistent
herewith,heretofore set forth by the City,which specifications
are attached hereto,marked Exhibit "A,"and made a part
hereof for all intents and purposes,
A.Materials to be Disposed Of.The Contractor shall
accept for disposal all municipal solid wastes,as that
term is defined in Article 4477-7 V.A.T.S.,the Municipal
Solid Waste Act,brought to the landfill site by the
City.The Contractor may designate the location on the
site at which material is to be unloaded.
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B.Operation of Disposal Site.The Contractor shall
have the exclusive right to theuse of and responsibility
for the operation of the disposal site forthe term of
this Agreement or any extension thereof,subject to the
following terms and provisions:
a.The Contractor shall furnish all labor,
tools,equipment,and power for the operation of
said landfill site,and shall be responsible for
all necessary maintenance thereof.Contractor shall
operate the site according to accepted modern
standards of a sanitary landfill operation and
under the supervision of an experienced person so
that it shall not become a nuisance or an offense
to the City.Contractor shall maintainsuitable
roads within landfill site for truck traffic.
b.All garbage and other refuse accepted by the
Contractor shall be thoroughly compacted by
equipment of sufficient weight and capacity to
carry out all necessary operations.Sufficient
auxiliary equipment shall be maintained on the
site or kept otherwiseavailable to permit operation
in case of equipment breakdown,or increased
volume of material to be handled.
c.The area shall beneat and sanitary at all
times.
d.The Contractor agrees to comply with all
laws,ordinances,and regulations of the City of
Baytown andthe State of Texas and with the terms
and conditions of his permit applicable tothe
operation under this Agreement and to conform with
the standards of operation as established bythe
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U.S.Public Health Service,and agrees that all
services rendered by it hereunder shallbe rendered
in a clean,sanitary,neat,courteous and efficient
manner and that it will instruct its employees
accordingly.In the event that the Contractor
shall wholly fail to dispose of garbage and other
materials herein provided to be disposed of for a
period in excess of two (2)weeks,and provided .
such failure is not due to war,insurrection,
riot,strike,Act of God,or any othercause or
causes beyond the Contractor's control,the City
may,at its option after written notice to the
Contractor,terminate this agreement,correct any
defects which exist at the site,and resume waste
disposal operations at thesite itself.In the
event of the termination of this agreement no
compensation shall be paid to the Contractor for
disposal of solid wastes by the City after the
City begins waste disposal operations,
e.In the event that the City shall,without
fault on its part,be made a party to any litigation
arising as the result of failure of the Contractor
to comply with any provisions of this contract or
by reason of the Contractor's operation or use of
the subject premises (other than as provided for
herein)brought by or against the Contractor,then
the Contractor shallpay all reasonable costs and
attorney's fees necessarily incurred bythe City
in defense of such litigation.
C.Nuisance-Free Operation.The landfill shallbe
operated bythe Contractor in a nuisance-free manner,
and in a manner such as not to generate or produce any
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objectionable or offensive odors,noise,smoke or fumes
objectionable outside the landfill premises,and in a
manner meeting and complying with all valid,non-
discriminatory and generally applicable ordinances,
regulations and laws of the Health Department of the
City and other regulatory bodieshaving jurisdiction of
the Contractor's operations hereunder,which may be
fromtime to time in effect and applicable to Contractor's
operations..Conditions unfavorable for the production
of insects and rodents shall be maintained by carrying
out routine landfill operations promptly in a systematic
manner.Supplemental vector control measures shall be
instituted whenever necessary.
2.TERM OF AGREEMENT.This agreement shall befor a
period of three (3)years beginning April 1,1976.
3.COMPENSATION TO CONTRACTOR.As full compensation
to the Contractor,for operation of the above referred to
landfill by the Contractor,the City agrees to pay to the
Contractor thesum of $0.90 per cubic yard of municipal
solid waste delivered to Contractor under the terms of this
agreement,it being further specifically understood and
agreed by and between the parties,with respect to the
aforesaid compensation that the compensation to bepaid
will be based upon predetermined refuse truck capacities
which are agreed upon between the Contractor andthe City.
In the event Contractor and City are unable to reach a
mutually acceptable agreement with regard to refuse truck
capacities,the party may request the determination of such
agreement by a mutually acceptable arbitrator.Should the
parties be unable to agree upon a mutually acceptable
arbitrator,each party shall nominate one arbitrator and the
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arbitrators so nominated by the parties shall select a third
arbitrator who will act with them as a third-member arbitrator
panel to decide the disagreement between the parties by the
concurrence of a majority of such panel.Costs for such
arbitration shall be borne equally by Contractor and City.
A.Open Hours and Holidays.The Contractor shall
keep the site open for the receiving of municipal solid
waste from 7:30 a.m.to 4:30 p.m.except Sundays and .
holidays.
B.Time of Payment.The Contractor shall invoice the
City monthly,invoices tobe submitted as of the last
day of each month,accompanied by tickets which are
collected by Contractor as refusetrucks make deliveries,
and shall include the last full week of each month.
Invoices shallbe paid by the Citymonthly,not later
than the 10th day of the month following the month for
which the invoice is rendered.
C.Contractor shall accept for disposal all residential
and commercial garbage and trash generated in the City of
Baytown including that collected by private haulers and
that brought tothe landfill by private citizens and
shall make a reasonable charge for disposal therefore,
which charge shall bear a reasonable relationship to the
charges made tothe City hereunder.
4.INSURANCEANDWORKMEN'S COMPENSATION..It is
understood and agreed between the parties that,in entering
into the foregoing agreement,the Contractor is acting asan
independent Contractor and is in no way the agent or employee
of the City.In this respect,it is also agreed as follows:
A.Liability Insurance.The Contractor shall be
responsible for any personal injury to any person and
for any damage to property suffered by the public orby
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any private person that may be sustained through,or on
account of,any negligence,failure or fault of the
Contractor,or its agents or servants,in complying
with and carrying outthe terms of this contract,and
for any negligence which may occur as a fault of the
Contractor,andthe Contractor shall carry Public
Liability Insurance in an amount not less than $300,000.00
for injuries,including accidental death,to anyone
person and,subject to the same limit for each person,
inan amount not less than $500,000.00 on account of
any one accident,and property damage insurance inan
amount not less than $10,000.00 for each claim,and
$25,000.00 for each accident.The Contractor shall
submit to the City,promptly after the execution of
this agreement,satisfactoryevidence of such insurance,
protecting both theCity and the Contractor from such
risks,in a company acceptable to the City.
B.Workmen's Compensation Insurance.The Contractor
shall maintain Workmen'sCompensation Insurance,in an
amount as will fully comply with thelaws of the State
of Texas,and which shall protect both the Contractor
and the City from any loss,claim or damage arising
from any injuries or occupational diseases happening to
any workman employed bythe Contractor in the course of
carrying out the within contract,satisfactory evidence
of such insurance inan acceptable company tobe submitted
to the City promptly after the execution of this agreement,
C.Notice to City.The Contractor shall furnish a
duplicate receipt of payment of all premiums on the
above policies of insurance,and the terms of the
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insurance policies issued to provide the above insurance
coverage,shall provide that said insurance cannot be
cancelled bythe carrier,for non-payment of premiums
or otherwise,without 15 days'prior written notice of
cancellation tothe City.
5.SECURITY FOR PERFORMANCE.To insure the performance
of this agreement,Contractor may utilize any one of the
following methods or a combination thereof as approved by .
the City Attorney:
A.Performance Bond.Filed with theCity Manager a
bond executed by a surety companyholding a license to
do business in the State of Texas,and acceptable to
the City of Baytown,on the form provided by the City,
in the amount of $20,000.00.The preformance bond
shall be approved as to form and legality by the City
Attorney.
B.Trust Agreement.Place on deposit in a bank or
trust company in the name of the City,and approved by
the City of Baytown,in a trust account,the sum of
$20,000.00 payable to theCity of Baytown to be paid to
the City on a basis of $0.60 for each and every cubic
yard of waste disposed of at an alternate site or sites
if the Contractor fails,refuses or is unable to under
the terms of the contract unless the failure,inability
or refusal to perform is caused by factors,conditions
or events which are beyond the control of the Contractor.
The selection of the trustee shall be subject to approval
by the City of Baytown and the trust agreement shall be
executed on a form provided by the City and approved as
a form and legality by the City Attorney;or
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C.Unconditional guarantee frombank or federally insured
savings and loan association or other financial institution
as approved by the City of Baytown.File with the City
Manager a letter on theform provided by the City,signed
by a principal officer of a bank or federally insured
savings andloan association,or other financial institu
tion,acceptable to the City of Baytown,agreeing to pay
to the City of Baytown,on demand,up to $20,000.00 on
a basis of $0.60 for each and every cubicyard of solid
waste disposed of at an alternate site or sites if the
Contractor fails,refuses or is unable to perform this
contract unless the failure,inability,or refusal to
perform is caused by factors,conditions or events which
are beyond the control of theContractor.
It is specifically agreed and understood that failure,
inability or refusal to perform resulting from failure of
the Contractor to meet any requirement of thelawor of any
applicable regulation of any governmental agency or from any
dispute between the Contractor andthe owner of the land
upon which the landfill is situated concerning the Contractor's
right to use or possess said tractshall not be deemed to be
factors,conditions or events which are beyond the control
of the Contractor.
Drawing against the security provided for herein shall
be the exclusive remedy of the City against the Contractor
for damages.
City agrees that it will withhold all payments duehere-
under until suchtime as Contractor's account reaches $20,000.00
at which time City will pay said amount to Trustee Bank,to be
held in trust in lieu of the Certificate of Deposit orginally
placed in trust by the Contractor.
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6.NOTICES.Whenever,under this contract,provision
~"'is made for notice of any kind,it shall be deemed a sufficient
notice and service thereof if the said notice isin writing
and is deposited in the mail in a properly stamped envelope to
be delivered by certified mail,addressed as follows:
If to the City-
City Manager
P.0.Box 424
Baytown,Texas 77520
If to the Contractor—
Gene B.Hazelwood
P.0.Box 838
I*Baytown,Texas 77520
^Changes in the respective addresses to which such notices shall
be directed may be made from time to time by either party.
Notice of any such change in address shall be directed to the
other party in writing by certified mail.
7.ASSIGNMENT OF CONTRACT.It is agreed that,after
execution of this contract for the within sanitary landfill,
this contract may be assigned by the„Contractor to a Texas
corporation to be organized byGene B.Hazelwood with or
without other persons,which Texas corporation shall have
the responsibility for operation of said sanitary landfill.
^However,it is specifically understood that in case of any
such assignment,the assignee corporation shall become fully
liable for,and obligated to strict performance of,all
covenants,undertakings,agreements and obligations herein
set forth to be performed by the Contractor herein,and,
further,that the Contractor herein,as assignor,shallalso
remain fully liable and responsible in all respects forthe
strict performance by assignee of all of said covenants,
undertakings,agreements and obligations herein provided to
be performed by the Contractor.
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IN WITNESS WHEREOF,the City has caused this contract to
be executed in its name by its Mayor,andits official seal
to be hereunto affixed and attested by its City Secretary,
the City hereby warranting sameto be duly authorized by the
proper and valid act of the City Council of the City,and
the Contractor has caused this agreement to be executed by
its President,and its corporate sealtobe hereunto affixed
and attested by its Secretary,the Contractor hereby warranting
same to be duly authorized bythe proper and valid act of the Board
of Directors of the Contractor.
EXECUTED in duplicate in the City of Baytown,Texas,the
date first above written.
CITY OF BAYTOWN
BY
TOM GENTRY,Mayor
ATTEST:
EILEEN P.HALL,City Clerk
GENE B.HAZELWOOD
BY
President
APPROVED:
Secretary
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