Ordinance No. 4,97380414 -4
ORDINANCE NO. 4973
® AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST
AMENDMENT TO THE AGREEMENT FOR OPERATION OF SANITARY
LANDFILL BETWEEN THE CITY OF BAYTOWN AND HAZELWOOD
ENTERPRISES, INC.; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
WHEREAS, on April 1, 1986, the City of Baytown entered into
an agreement with Hazelwood Enterprises, Inc. for the operation
of a sanitary landfill; and
WHEREAS, the parties to said agreement desire to amend the
agreement to extend its term and make other beneficial changes;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby approves the First Amendment to the Agreement for
Operation of Sanitary Landfill between the City of Baytown and
Hazelwood Enterprises, Inc. and authorizes and directs the Mayor
and City Clerk of the City of Baytown to execute and attest to
said amendment. A copy of said amendment is attached hereto,
40 marked Exhibit "A," and made a part hereof for all 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.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 14th day of April,
1988.
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EM TT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
ANDALL B. TRONG, ty Attorney
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FIRST AMENDMENT
TO THE
AGREEMENT FOR OPERATION OF
SANITARY LANDFILL
By and Between
CITY OF BAYTOWN, TEXAS
and
HAZELWOOD ENTERPRISES, INC.
THE STATE OF TEXAS §
COUNTY OF HARRIS 5
This First Amendment ( "Amendment ") to that certain Agreement
for Operation of Sanitary Landfill between the City of Baytown,
Texas, and Hazelwood Enterprises, Inc. dated April 1, 1986, is
made by and between the same parties on the date hereinafter last
specified.
W I T N E S S E T H
WHEREAS, the City of Baytown, Texas ( "City ") and Hazelwood
Enterprises, Inc. ( "Contractor ") did enter into an agreement for
the operation of a Sanitary Landfill on April 1, 1986
( "Agreement "); and
WHEREAS, City and Contractor now desire to extend the term
of the Agreement from four (4) years to nine (9) years, and to
adjust the compensation contained therein;
NOW THEREFORE, for an in consideration of the premises and
the mutual covenants and agreements herein contained, the parties
hereto do hereby mutually agree as follows:
I
Unless a different meaning clearly appears from the context,
words and phrases as used in this Amendment shall have the same
meanings as in the Agreement.
II
The provisions of Section 2.0 of the Agreement are hereby
repealed, and a new Section 2.0 is hereby inserted to read in its
entirety as follows:
2.0 ESTIMATED ANNUAL VOLUME:
The estimated annual volume of solid waste collected by
the City of Baytown is 125, 000 cubic yards excluding
trees, limbs, stumps, and other such debris. Bidders
shall submit bids on per cubic yard collected based
upon this total annual volume. The actual volume of
solid waste collected by the City may be more or less
than this estimated volume. The City does not
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guarantee to deliver this volume to the Contractor for
disposal. The City, however, does guarantee that
garbage or trash collected by the City during the term
® of the contract will be disposed of at the Contractor's
landfill site or sites, provided that the contractor is
complying with the provisions of the contract. The
City reserves the right to burn or dispose of trees,
trimmings, limbs, leaves, and stumps collected within
its corporate limits at its designated site and to
dispose of processed sewage sludge by such other means
as the City may determine.
III
The provisions of Section 3.0 of the Agreement are hereby
repealed and a new Section 3.0 is hereby inserted to read in its
entirety as follows:
3.0 TERM OF AGREEMENT:
This Agreement shall be for a period of nine (9) years
beginning April 1, 1986. At the end of said nine year
period, this Agreement may be renewed for an additional
five (5) year period upon mutual written consent of
® both parties. The compensation and terms for such
extension shall be the same as those contained herein,
unless otherwise modified by mutual consent of both
parties.
IV
The provisions of Section 4.0 of the Agreement are hereby
repealed, a new Section 4.0 is hereby inserted to read in its
entirety as follows:
4.0 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 in accordance with
the following schedule:
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1st year of contract $3.25
per cubic yard for
Solid Waste Disposal
1st year of contract $5.50
per cubic yard for
Processed Sewage Sludge Dis.
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2nd through 9th year $3.50
of contract
per cubic yard for
Solid Waste Disposal
2nd through 9th year $6.00
per cubic yard for
of contract
Processed Sewage Sludge Dis.
For the year beginning April 1,
1990, and on each subsequent
year, the compensation described
above shall be adjusted to
recognize the effect of inflation between April 1, 1988, and the
date of adjustment. The payment for
each year beginning April 1,
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1990, shall be $3.50 per cubic yard for solid waste (or $6.00 per
cubic yard of processed sewage sludge) multiplied by a fraction,
the denominator of which shall be 116.0, which was the February
1988 Consumer Price Index for all Urban Consumers (CPI -U), all
items, U.S. City Average (1982 -84 =100), and the numerator of
which shall be the CPI -U for all items, U.S. City average, as of
the date of adjustment.
Payment shall be based on the number of cubic yards of
municipal solid waste delivered to Contractor under the terms of
this Agreement, it being further specifically understood and
Agreed by and between parties, with respect to the aforesaid
compensation that the compensation to be paid will be based upon
pre- determined refuse truck capacities which are agreed upon
between the Contractor and the City. In the event Contractor and
City are unable to reach a mutually acceptable agreement with
regard to refuse truck capacities, the parties 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 arbitrators so nominated by the parties shall
select a third arbitrator who will act with them as a three -
member arbitration 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. Time of Payment. The Contractor shall invoice the
City monthly, invoices to be submitted as of the
last day of each month, accompanied by tickets
which are collected by Contractors as refuse trucks
make deliveries, and shall include the last full
week of each month. Invoices shall be paid by the
City monthly. The City agrees to pay all properly
submitted invoices within 15 days of receipt of
same, less any sums retained to cover verified
claims filed with the Finance Director, due to or
arising out of the contract.
B. Materials to be Disposed. Contractor shall accept
for disposal residential and commercial garbage and
trash generated in the City of Baytown including
that collected by private haulers and that is
brought to the landfill by private citizens and
shall make a reasonable charge for disposal
therefore, which charge shall bear a reasonable
relationship to the charges made to the City
hereunder.
0 V
The provisions of this Amendment and the provisions of the
Agreement should be read together and construed as one agreement
provided that, in the event of any conflict or inconsistency
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between the provisions of this Amendment and the provisions of
the Agreement, the provisions of this Amendment shall control.
® IN WITNESS WHEREOF, the parties hereto have executed this
Amendment in multiple copies, each of which shall be deemed to be
an original, but all of which shall constitute but one and the
same Amendment, this the day of , A.D.
19 , the date of execution by the Mayor of the City of
Baytown.
CITY OF BAYTOWN, TEXAS
EMMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
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ATTEST:
Secretary
HAZELWOOD ENTERPRISES, INC.
President
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