HomeMy WebLinkAboutPO 5847: TRIANGLE WASTE SOLUTIONS, INC. - LANDFILL USEinteroffice
MEMORANDUM
To: .Mayor, City Council, and City Manager ~J
From: Valecia R. Tizeno, First Assistant City Attorne
Date: February 5,.2008
Subject: P. O. No. 5847; Council Meeting February 12, 2008
Attached is P. O. No. 5847 as it pertains to an agreement
with Triangle Waste Solutions, Inc. for the use of the City of
Port Arthur's landfill.
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Attachment
cc: John Comeaux, Director of Public Works
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P. O. No. 5847
02/01/08 gt
ORDINANCE NO.
AN ORDINANCE AS IT PERTAINS TO AN AGREEMENT
WITH TRIANGLE WASTE SOLUTIONS, INC. FOR THE ?
USE OF THE CITY'OF PORT ARTHUR'S LANDFILL
WHEREAS, Section 86-79 of the Code of Ordinances of the City
of Port Arthur provides that the City shall enter into contracts
for refuse collection services for deposit .in the City's landfill
with a minimum deposit of $500 or such other amount~as determined
by the Director of Public Works, or his designee; and
WHEREAS, due to the large volume of expected. refuse, that
Triangle Waste Solutions, Inc. can provide to the City, Triangle
Waste Solutions, Inc. is requesting an exception to Section 86-79
as to allow Triangle. Waste Solutions, Inc. to deliver refuse to the
City's landfill at a discounted rate, so long as it brings in at
least 10, 000 cubic yards of commercial refuse per month to the
City's landfill, and for balances to be paid within 45 days; and
WHEREAS, the City Council deems it in the•best interest of the
citizens to approve an agreement with Triangle waste Solutions,
Inc. as it pertains to usage at the City's landfill in
substantially the same form as deliheated in Exhibit "A"
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are
true and correct.
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Section 2. That the Director of Public Works is herein
authorized to enter into an Agreement with. Triangle Waste
Solutions, Inc. in substantially the same form as attached hereto
as Exhibit "A"
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED ,AND APPROVED on this day of
A.D., 2008, at a Meeting of the City Council of
the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers
NOES:
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM:
CITY ATT EY ( 0/V ~~ ~)
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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EXHIBIT "A"
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COMMERCIAL REFUSE DISPOSAL CONTRACT
THE STATE OF TEXAS § -
COUNTY OF JEFFERSON
KNOW ALL MEN BY THESE PRESENTS:
This contract is made and entered into by and between the City of Port Arthur,
acting by its Director of Public Works or his designee and hereafter styled "City". and
Triangle Waste, Inc., hereafter styled "Hauler", whose business address and phone
number are as follows:
Triangle Waste Solutions, Inc.
Attention: Tony Broussard
1000 South Business Drive
Port Arthur. Texas 77642
(409)736-3600
L
In consideration far the monthly payment of fees, Hauler may deposit refuse at
the City's landfill.
II.
A detailed billing statement detailing all fees shall be billed on a monthly basis to
Hauler at the above-listed address.
III:-
The Hauler shall identify in detail the refuse to be disposed of and where it was
gerierated.
N.
The Hauler shall only be able to deposit refuse at the City's landfill at the
discretion of the Director of Public Works or'his designee.
V
The Hauler shall pay all balances within 45 days, and failing to do so shall pay a
late fee often percent ofthe arrears.
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VI.
So long as Hauler (Triangle Waste) brings in at least 10,000 cubic yards of
commercial refuse per month to the City's landfill, the following policies shall apply:
1. $6.00/cubic yard for compacted and non-compacted material
2. $3.OOJcubic yard for green waste.
3. The City will determine the volume of each load based on truck-mounted packer
body capacity, capacity of roll-off boxes, or capacity of other delivery methods.
4. The City will, consistent with its landfill permit. endeavor to accommodate to the
maximum extent possible the expected usage of the landfill by Hauler (Triangle
Waste).
5. The City will provide adocumented/identified gate ticket to each vehicle as it
arrives at the site.
VII. _
If Triangle Waste Solutions. Inc., does not bring at least 10,000 cubic yards of
commercial refuse per month to the City's landfill, they will be charged 56.20/cubic yard
for compacted and non-compacted material and $3.00/cubic Yard for green waste.
VIII.
In the event the Hauler has become delinquent in its payments, the above-
referenced agreement shall be suspended and Hauler.will be required to pay C.O.D. and
all accumulated balances and late fees will become due and payable. If collection
proceedings are required. the Hauler shall also pay attorney fees and court costs.
IX.
The Director of Public Works or his designee has the discretion to not allow
Hauler access to the landfill if the Hauler has a poor credit record, wants to deposit refuse
that is not allowed in the landfill, or refuses to state where the waste was generated. or
refuses to deposit refuse in the designated area.
X..
In further consideration, Hauler agrees to release the City and its employees from
any damages or injuries in using the City's landfill and agrees to indemnify and hold
harmless the City, its agents and employees, from all liability, damages, injuries, claims,
causes of actions, and expenses arising in connection with its use of the City's landfill.
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XI
-This contract shall be from month to month, but maybe cancelled by either party
upon the giving often days' written notice mailed to the respective address indicated in
this contract. However, this contract may be immediately cancelled by the City, without
prior written notice, upon Hauler's failure to pay the prescribed fees or upon Hauler's
violation of any rules governing the use of the City's landfill.
SIGNED and AGREED to on this day of , A.D., 2008.
BY:
TONY BROUSSARD,
VICE PRESIDENT
TRIANGLE WASTE SOLUTIONS, INC.
SIGNED and AGREED to on this
day of , A.D., 2008.
By
JOHN COMEAUX,
DIRECTOR OF PUBLIC WORKS
OF THE CITY OF PORT ARTHUR
P. O. BOX 1089 '
PORT ARTHUR, TX 77642-1089
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