HomeMy WebLinkAboutPR 11991:EASTEX WASTE SYSTEMSCITY OF PORT ARTHUR, TEXAS
PUBLIC WORKS DEPARTMENT
TO:
FROM:
FOR:
DATE:
SUB3ECT:
Mayor, City Council and City Manager
Leslie E. McMahen, P.E., Director of Public Works
Mark Sokolow, City Attorney
October 25, 2002
P.R. No. 11991 - October 29, 2002 Council Meeting
Attached is Proposed Resolutioo No. 11991 which would authorize the
Director of Public Works or his designee to execute a Commercial Refuse
Disposal Contract between the City and Eastex Waste Systems, Inc. of
Beaumont, Texas. This pertains to Eastex's use of the City sanitary landfill
for disposal of the waste it collects from its commercial customers.
LEM/lem
Attachment
cc: Rebecca Underhill, Director of Finance
P.R. NO. 11~1
10/25/02 vid
RESOLUTION NO.
A RESOLUTION AUTHOR/ZING THE D1:RECTOR OF PUBL/C WORKS
OR HI'S DESIGNEE TO EXECUTE A COMMERCI'AL REFUSE DI~SPOSAL
CONTRACT BETWEEN THE CITY OF PORT ARTHUR~ TEXAS AND
EASTEX WASTE SYSTEMS~ INC. OF BEAUMONT~ TEXAS FOR THE
PURPOSE OF DEPOSITING REFUSE AT THE CZTY'S SANTI'ARY
LANDFILL.
WHEREAS, it is to the City of Port Arthur's benefit to increase its solid waste
revenues by promoting the use of its sanitary landfill; and,
WHEREAS, Eastex Waste Systems, Inc. of Beaumont, Texas has expressed
an interest in using the City's sanitary landfill to deposit a minimum of 80% of its
collection volume from commercial establishments primarily outside of the city; and,
WHEREAS, the City's sanitary landfill has adequate capacity to handle the
additional waste that would be deposited by Eastex; and,
WHEREAS, the City and Eastex have developed a contract that could net
the City as much as $80,000 a month in additional solid waste revenues that will
provide additional support for the operation of the City's sanitary landfill; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR~ TEXAS:
THAT the Director of Public Works or his designee be and is hereby
authorized to execute a Commercial Refuse Disposal Contract between the City of
Port Arthur and Eastex Waste Systems, Inc. of Beaumont, Texas, a copy of said
contract being attached hereto and made a part hereof as Exhibit "A'", and
P.R. No. 11991
Page #2
THAT a copy of the caption of this Resolution be spread upon the Minutes of the
City Council; and,
READ, ADOPTED AND APPROVED this the __
A.D. 2002 at a
following vote: Ayes:
day of .,
meeting of the City of Port Arthur, Texas by the
__ Mayor:
Councilmembers:
Noes:
Attest:
City Secretary
APPROVED AS TO FORM:
Attorney /
APPROVED FOR ADMTNISTRAT~ON:
Steve Fitzgibbons
City Manager
Leslie E. McMahen, P.E.
Director of Pubic Works
file c:¥es\eastexewaste
Mayor
Exhibit
P.R. No. 11991
COMMERCIAL REFUSE DISPOSAL CONTRACT
This contract is between Eastex Waste Systems, Inc.,
business address and phone number is Eastex Waste Systems,
1115 Wescalder Road,
City of Port Arthur,
whose
Inc.,
Beaumont, TX 77707, (409) 866-8177, and the
acting by its Director of Public Works or
his designee and hereafter styled "City".
I.
Eastex Waste Systems, Inc. is a hauler of commercial waste
and has agreed to bring at least 80% of their commercial refuse
volume to the City landfill. Eastex Waste Systems, Inc. shall
not collect or transport any refuse from within the city, except
where engaged in or providing a type of service not provided by
the City, such as roll-off boxes, compaction units or recycling
II.
So long as Eastex Waste Systems, Inc. brings in at least
10,000 cubic yards of commercial refuse per month to the City's
landfill, the following policies shall apply:
(1) The refuse disposal rate shall be as follows:
$5.90/cubic yard compacted material
$4.50/cubic yard non-compacted material
(2) 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.
(3). The City will, consistent with its landfill permit,
z.refuse dis~s&l contract i
containers.
Exhibit 'A'
P.R. No. 11991
endeavor to change its gate times through the Texas
Commission on Environmental Quality as to accommodate
to the maximum extent possible the expected usage of
the landfill by Eastex Waste Systems, Inc.
(4) City will provide ~ocumented/identified gate
tickets at the end of each day to Eastex Waste
Systems, Inc.
(5) Eastex Waste Systems, Inc. will pay for each day's
business on the next business day.
III.
If Eastex Waste Systems, Inc. does not bring at least
10,000 cubic yards of commercial refuse per month to the City's
landfill, they will be charged at $6150 per cubic yard and the
policies as delineated in Section 86.79 of the Code of Ordinances
of the City of Port Arthur shall apply.
IV.
Eastex Waste Systems, Inc. shall identify the commercial
refuse to be disposed of and where it was generated. Eastex
Waste Systems, Inc. shall then be able to deposit refuse at the
city's landfill.
Eastex Waste
prescribed herein,
ten percent (10%)
required,
Systems, Inc. shall pay all arrears as
and failing to do so shall pay a late fee of
of the arrears. If collection proceedings are
Eastex Waste Systems, Inc. shall also pay attorney fees
and court costs.
z.refuse disposal contract 2
Exhibit 'A'
P.R. No. 11991
landfill
with the City's landfill,
allowed in the landfill,
generated.
VI.
The Director of Public Works or his designee has the
discretion to not allow Eastex Waste Systems, Inc access to the
if Eastex Waste Systems, Inc has a poor credit record
wants to deposit refuse that is not
or refuses to state where the waste was
VII.
In further consideration, Eastex Waste Systems, Inc. agrees
to release*the City and its employees from any and all damages or
injuries directly resulting from the negligent actions of Eastex
Waste Systems, Inc.'s employees while 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 direct
its use of the City's landfill.
VIII.
This contract shall be from month to month,
cancelled by either party upon the giving of ten
written notice,
below:
connection with
but may be
(10) days'
mailed to the respective address as indicated
Eastex Waste Systems,
ATTN: Jimmy Smart
1115 Wescalder Road
Beaumont, TX 77707
Exhibit
P.R. No. 11991
City of Port Arthur
ATTN: Director of Public Works
P. O. Box 1089
Port Arthur, TX 77641-1089
Provided, that this contract may be immediately cancelled
by the City without prior written notice, upon the failure of
Eastex Waste Systems, Inc. to pay the prescribed fees or upon the
violation of any rules governing the use of the City's landfill.
SIGNED AND AGREED to on this the __
, A.D., 2002.
day of
EASTEX WASTE SYSTEMS, INC.
BY:
SIGNED AlqD AGREED to on this the __ day of
, A.D., 2002.
CITY OF PORT ARTHUR
BY:
Director of Public Works
or his Designee
z.re~use disposal contract