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File #: ORD-0376    Version: Name:
Type: Ordinance Status: Mayor's Office
File created: 11/28/2017 In control: City Council
On agenda: 1/9/2018 Final action: 1/9/2018
Title: Approving an ordinance on third and final reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, GRANTING A NON-EXCLUSIVE FRANCHISE TO REPUBLIC SERVICES, INC. FOR THE COLLECTION OF REFUSE FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS; PROVIDING THE TERMS AND CONDITIONS OF THE FRANCHISE GRANT; ESTABLISHING A TERM OF THE FRANCHISE; AND PROVIDING AN EFFECTIVE DATE.
Attachments: 1. Republic Services ORD 11.14.pdf, 2. Chapter 52 Solid Waste ORD 790-05-07-12.pdf, 3. Commercial Solid Waste Franchise Revenues
Title
Approving an ordinance on third and final reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, GRANTING A NON-EXCLUSIVE FRANCHISE TO REPUBLIC SERVICES, INC. FOR THE COLLECTION OF REFUSE FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS; PROVIDING THE TERMS AND CONDITIONS OF THE FRANCHISE GRANT; ESTABLISHING A TERM OF THE FRANCHISE; AND PROVIDING AN EFFECTIVE DATE.

Summary
The City of Pflugerville entered into one year franchise agreements for commercial solid waste collection with numerous providers in January of 2017. The terms of these agreements will expire in January 2018 and staff has prepared documents to extend the franchises for five years so the term of these agreements coincide with the term of the residential solid waste contract, approved by Council on September 12, 2017, which is up for renewal in January of 2023. Further, section 3(D) of the attached ordinance provides, "the franchise may be terminated by mutual agreement of the parties at any time or may be terminated upon sixty (60) days notice by either party to the other."

These franchises were developed to compensate the city for the use of the city rights-of-way by commercial solid waste collectors and provide a method for the city to monitor companies working within the City of Pflugerville. Insurance and indemnity bond limits are specified and contact information for each company is provided to staff through these agreements. Per Chapter 52, Section 08 of the City's Code of Ordinances (attached), a franchise is required for a provider to provide commercial solid waste collection services within the city.

The franchise fee of 6% of gross revenues is commensurate with that charged by other cities in our area.

The city attorney has reviewed the ordinance.

Prior City Council Action
Republic Services, Inc. has a franchise agreement with the City of Pflugerville that expires in January of 2018, the same date as the other renewals included o...

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