11-01-18-Ordinance-Waste Connections Lone Star Inc-11/05/2018ORDINANCE NO. 11-01-18
AN ORDINANCE OF THE CITY OF SANGER, TEXAS,
GRANTING TO WASTE CONNECTIONS LONE STAR, INC. THE
EXCLUSIVE RIGHT, PRIVILEGE, AND FRANCHISE FOR THE TERM
OF FIVE (5) YEARS TO USE THE PUBLIC STREETS, HIGHWAYS, OR
THOROUGHFARES WITHIN THE CITY FOR THE PURPOSE OF
ENGAGING IN THE BUSINESS OF COLLECTING, TRANSPORTING,
RECYCLING AND DISPOSING OF SOLID WASTE USING ROLL -OUT
CONTAINERS, CONSTRUCTION ROLL -OFF CONTAINERS FROM
COMMERCIAL AND INDUSTRIAL PREMISES AND DEVELOPMENT
PROJECTS WITHIN THE CITY, AND OTHER TYPES OF CONTAINERS;
APPROVING AN EXCLUSIVE FRANCHISE AGREEMENT ATTACHED
AS EXHIBIT "A"; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to grant the exclusive right, privilege, and franchise
to a service provider to use the public streets, highways, and/or thoroughfares with the City for
engaging in the collection, transporting, recycling and disposing of solid waste generated in the
City using various containers and other equipment; Now Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS:
SECTION 1. That the City Council hereby grants to Waste Connections Lone Star, Inc.
(referred herein collectively as "Company") its successors and permitted assigns, the exclusive
right, privilege and franchise for the term of five (5) years, commencing January 1, 2019, to use
the public streets, highways and/or thoroughfares within the City for the purpose of engaging in
the business of collection, transporting, recycling and disposing of solid waste generated in the
City from residential, commercial and industrial premises and development projects within the
City using various containers.
SECTION 2. That the Exclusive Franchise Agreement, attached hereto as Exhibit "A"
and made part hereof for all purposes, is hereby approved in all respects. This Franchise is granted
subject to all the terms and conditions of said Agreement.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance or any part or provision thereof other than the part so decided
to be invalid, illegal or unconstitutional.
SECTION 4. This ordinance shall take effect upon acceptance by the Company within
sixty (60) days after the adoption of this ordinance, as the law and Charier in such cases provide.
The City Secretary shall cause a summary of the purpose of the ordinance to be published one time
in the official city newspaper, at the expense of the Company, thirty (30) days prior to the adoption
of the ordinance.
DULY PASSED by the City Council of the City of Sanger, Texas, on the Sth day of
November 20100
CITY ATTORl
(RLD; 09/27/18;103038)
THOMAS MUIR, MAYOR
ATTEST:
IF IF V.
U FFF:P
"`
r��� TEXAS •kl/%
SECRETARY
EXHIBIT A
EXCLUSIVE FRANCHISE AGREEMENT
FOR THE COLLECTION, HAULING, RECYCLING, AND DISPOSAL OF
MUNICIPAL SOLID WASTE, CONSTRUCTION AND DEMOLITION WASTE, AND
RECYCLABLE MATERIALS
IN THE CITY OF SANGER, TEXAS
JANUARY 1, 2019
EXHIBIT A
EXCLUSIVE FRANCHISE AGREEMENT
FOR THE COLLECTION, HAULING, RECYCLING, AND DISPOSAL OF
MUNICIPAL SOLID WASTE, CONSTRUCTION AND DEMOLITION WASTE, AND
RECYCLABLE MATERIALS
IN THE CITY OF SANGER, TEXAS
STATE OF TEXAS
COUNTY OF DENTON
THIS EXCLUSIVE FRANCHISE AGREEMENT (this "Agreement") is made and
entered into as of January 1, 2019, by and between Waste Connections Lone Star, Inc., a Texas
Corporation (the "Service Provider"), and the City of Sanger, Texas, a municipal corporation (the
"City").
WHEREAS, the City, subject to the terms and conditions set forth herein and the
ordinances and regulations of the City, desires to grant to the Service Provider the exclusive
franchise, license and privilege to collect, haul, and recycle all Municipal Solid Waste,
Construction and Demolition Waste, and Recyclable Materials (as such terms are defined herein)
within the City's corporate limits.
NOW, THEREFORE, in consideration of the premises and the mutual promises,
covenants and agreements set forth herein, the Service Provider and the City hereby agree as
follows:
SECTION 1. DEFINED TERMS.
The following terrrrs, as used herein, will be defined as follows:
-Plastic sacks, secured at the top, designed to store refuse with sufficient wall strength to
maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not
A
xceed forty (40) pounds.
Bulb Waste -Any Solid Waste measuring in excess of either seventy-two inches (72") in
length or one hundred (100) pounds in weight, including, but not limited to, refrigerators, stoves,
washing machines, water tanks, chairs, couches, and other similar household items.
Business Day —Any day that is not a Saturday, a Sunday or other day on which banks are
required or authorized by state or federal law to be closed in the City.
Commercial Unit Any non -manufacturing commercial facility that generates and accumulates
Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials during, or
as a result of, its business, including, but not limited to, restaurants, stores, and warehouses.
1
Construction and Demolition Waste - Solid Waste resulting from construction or demolition
activities or that is directly or indirectly the by-product of such activities, including, but not
limited to, cartons, concrete, excelsior, gypsum board, metal, paper, plastic, rubber and wood
products. Construction and Demolition Waste does not include Hazardous Waste, Municipal
Solid Waste, Recyclable Materials, or Bulky Items.
Container —Roll-Out containers, Recycling Carts, and other containers up to forty (40) cubic
yards in capacity, provided to the City by the Service Provider and utilized by a Commercial,
Industrial or Residential Unit for collecting Municipal Solid Waste, Construction and Demolition
Waste, or Recyclable Materials. Containers are designed to hold between thirty (30) gallons and
forty (40) cubic yards of Solid Waste.
Excluded Waste -Any Hazardous Waste, Construction and Demolition Waste, or any
radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious,
biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or
regulations.
Handicapped Residential Unit —any residential dwelling that is inhabited by persons, all of
whom are physically handicapped to the extent that they are unable to place Municipal Solid
Waste at the curbside, and that generates and accumulates Municipal Solid Waste. The identities
of the members of a Handicapped Residential Unit shall be certified by the City Manager and
agreed to by the Service Provider.
Hazardous Waste -Waste identified or listed as a hazardous waste by the administrator of the
United States Environmental Protection Agency (EPA) under the federal Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, or so
classified by any federal or State of Texas statute, rule, order or regulation.
Holidays -The following days:
(1) New Year's Day (January 1st)
(2) Thanksgg Day
(3) Christmas Day (December 25th)
Industrial Unit -Any manufacturing, mining or agricultural facility that generates and
accumulates Municipal Solid Waste, Construction and Demolition Waste, or Recyclable
Materials during, or as a result of, its operations.
Landfill -Any facility or area of land receiving Municipal Solid Waste or Construction and
Demolition Waste and operating under the regulation and authority of the Texas Commission on
Environmental Quality ("TCEQ") within the State of Texas, or the appropriate governing agency
for landfills located outside the State of Texas.
Multi -Family Residential Unit -Any residential dwelling that is designed for, and inhabited by,
multiple family units and that generates and accumulates Municipal Solid Waste and Recyclable
2
Materials,
Municipal Solid Waste - Solid Waste resulting fiom or incidental to municipal, community,
commercial, institutional or recreational activities, industrial or manufacturing, mining, or
agricultural operations. Municipal Solid Waste does not include Construction and Demolition
Waste, Excluded Waste, and Hazardous Waste Materials,
Recyclable Materials —Solid Waste which is newspapers, magazines, mail, paper, telephone
books, cardboard, glass bottles and jars (no mirrors, windows, ceramics or other glass products),
metal cans (beverage, food, beer and soft drink cans composed of tin, steel or aluminum), and
plastics, including all varieties of the types designated as #1, #2, 43, #4, #5, and #7.
Recycling Cart — A container provided by the Service Provider for the collection of Recyclable
Materials that has up to a maximum capacity of sixty-five (65) gallons.
Residential Unit -Any residential dwelling that is either aSingle-Family Residential Units or a
Multi -Family Residential Units.
Roll -Off - A Container with twenty (20) cubic yards to forty (40) cubic yards of capacity.
Roll -Out - A Container with ninety-five (95) gallons of capacity.
Single -Family Residential Unit -Any residential dwelling that is designed for, and inhabited
by, a single person or family unit and that generates and accumulates Municipal Solid Waste and
Recyclable Materials.
Solid Waste - As defined by the EPA under 40 C.F R. 5 261.2(a) (1), or by the State of Texas
under the Solid Waste Disposal Act § 361,003(38) whether such waste is mixed with or
constitutes Recyclable Materials,
White Good -Any item measuring in excess of either three (3) cubic feet in size or one hundred
(100) pounds in weight and that is manufactured primarily from metal, including, but not limited
to, a bath tub, heater, hot water heater, refrigerator, sink or washer and dryer.
Yard Waste All tree trimmings, grass cuttings, plants, weeds, leaves, dead trees or branches
thereof, sawdust, limbs less than three inches (3") in diameter, brush or clippings, and includes
Bundles. All Yard Waste must be placed in Bags with the exception of budled tree limbs less
than three inches (3 ") in diameter.
SECTION 2. EXCLUSIVE FRANCHISE GRANT.
The City hereby grants to the Service Provider, in accordance with the City's ordinances and
regulations governing the collection, hauling, recycling, and disposal of all Municipal Solid
Waste, Construction and Demolition Waste, and Recyclable Materials, the exclusive franchise,
license, and privilege to collect, haul or dispose of Municipal Solid Waste, Construction and
Demolition Waste, and Recyclable Materials over, upon, along and across the City's present and
future streets, alleys, bridges and public properties. In order to maintain the exclusivity of the
Service Provider's disposal service, City shall uphold Section 2 of the Agreement by taking any
and all appropriate action, as allowed by law, with any company, customer or third party
infringing upon the rights of the Service Provider. In any situation wherein the City fails to
pursue such action, as allowed by law, to remedy an infringement of Service Provider's exclusive
right to disposal services within the City, the Service Provider shall retain a subrogation right
from the City against any and all violations of the grant described in this Section 2 and shall be
entitled to any and all actual and. consequential damages arising from the City's failure to enforce
this Agreement.
SECTION 3. OPERATIONS.
A. Scope of Operations. It is expressly understood and agreed that the Service Provider shall
collect, haul, and recycle or dispose of all Municipal Solid Waste, Construction and Demolition
Waste, and Recyclable Materials (as provided herein) (1) generated and accumulated by
Commercial, Industrial, and Residential Units, and (ii) placed within a Roll -Out Container or
other Container by those Commercial, Industrial, and Residential Units (provided such Municipal
Solid Waste, Construction and Demolition Waste, and Recyclable Materials are containerized in
a Container) receiving the services of the Service Provider (or otherwise generated and
accumulated in the manner herein provided by those Commercial Units, Industrial Units, and
Residential Units), all within the City's corporate limits, including any territories annexed by the
City during the term of this Agreement (the "Services").
B. Nature of Operations. The City hereby grants to the Service Provider, in accordance with
the City's ordinances and regulations governing the collection, hauling, and recycling or disposal
of all Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials, the
title to all Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials
collected, hauled by the Service Provider over, upon, along and across the City's present and
future streets, alleys, bridges and public properties. All title to and liability for materials
excluded from this Agreement shall remain with the generator of such materials.
SECTION 4. SINGLE-FAMILY RESIDENTIAL UNIT COLLECTIONS.
For the Services provided to Single -Family Residential Units under this Section 4, the Service
Provider shall charge each Single -Family Residential Unit located within the City's corporate
limits which charge shall be billed by the City at the applicable monthly rate(s) contained in
Attachment "A".
A. Single -Family Residential Unit Services. The Service Provider shall collect Municipal
Solid Waste and Yard Waste fiom Single -Family Residential Units at least twice per week and
Recyclable Materials from Single -Family Residential Units at least once per week; provided, that
such Municipal Solid Waste and Recyclable Materials are placed in a Roll -Out Container and/or
a Recycling Cart, as the case may be, and (ii) such Roll -Out Container and/or Recycling Cart is
placed within five (5) feet of the curbside or right of way, adjacent to the Single -Family
Residential Unit, no later than 7:00 a.m. on the scheduled collection day.
0
B. Excess or Misplaced Municipal Solid Waste, Recyclable Materials, or Yard Waste, The
Service Provider shall only be responsible for collecting, hauling, and recycling or disposing of
Municipal Solid Waste and Recyclable Materials placed inside the Containers provided by the
Service Provider; and (ii) Yard Waste placed inside Bags. Municipal Solid Waste, Recyclable
Materials, and/or Yard Waste in excess of the Containers' or Bags' limits, or placed outside or
adjacent to the Containers or Bags, will not be collected by the Service Provider. However, such
excess or misplaced Municipal Solid Waste, Recyclable Materials, and/or Yard Waste may be
collected on occasion and within reason due to Holidays or other extraordinary circumstances as
determined by the Service Provider in its sole discretion. If the excess or misplaced Municipal
Solid Waste, Recyclable Materials, and/or Yard Waste continues, the City shall require the
Single -Family Residential Unit to utilize an additional Container and/or Bag so that the excess or
misplaced Municipal Solid Waste, Recyclable Materials, and/or Yard Waste will be regularly
contained. The Service Provider shall be compensated for these additional Services as provided
for in Attachment "A" hereto.
C. Handicapped Residential Units. Notwithstanding anything to the contrary contained herein,
the Service Provider agrees to assist Handicapped Residential Units with house -side collection of
their Bags and Containers; provided that the Service Provider receives prior written notice from
the City of such special need. The City shall be solely responsible for all other modifications or
accommodations required by the Americans with Disabilities Act or any other applicable law or
regulation in connection with the services provided hereunder to Single -Family Residential
Units.
D. Reduced Residential Service. The City may, upon reasonable prior written notice to Service
Provider, request that Service Provider reduce the frequency of service under Section 4.A, hereof
from twice per week to once per week. Service Provider shall implement such reduction in
service frequency on within thirty (30) days following the date on which notice is given to the
Service Provider of the City's election to reduce service frequency.
If the City decides to reduce the frequency of service as stated under Section 4.A. hereof fiom
twice per week service to once per week service the Service Provider will agree to provide larger
recyle carts, ninety-five (95) gallons on a as requested basis by each resident of the City of
Sanger.
SECTION 5. COMMERCIAL, INDUSTRIAL AND MULTI -FAMILY RESIDENTIAL
UNIT COLLECTIONS.
The Service Provider will collect Municipal Solid Waste and Recyclable Materials from
Commercial, Industrial, and Multi -Family Residential Units as needed each week, as provided
For in Attachment "A". The Service Provider shall only be responsible for collecting, hauling,
and recycling or disposing of Municipal Solid Waste and Recyclable Materials placed inside the
Containers provided by the Service Provider. However, the Service Provider shall be obligated to
offer and provide sufficient service to Commercial, Industrial, and Multi -Family Residential
Units, and to increase or decrease, as necessary, the frequency of collection and the size or
number of Containers so that Commercial, Industrial, or Multi -Family Units' Municipal Solid
Waste and Recyclable Materials will be regularly contained. The Service Provider shall be
compensated for these additional Services as provided for in Attachment "A". The parties
acknowledge and agree that the Service Provider shall not be responsible for damage to any
private pavement or accompanying sub -surface of any route reasonably necessary to perform the
Services herein contracted and that the Commercial, Industrial, or Multi -Family Residential Unit
assumes all liabilities for damage to pavement or road surface. For the Services provided to
Commercial, Industrial, or Multi -Family Units under this Section 5, the Service Provider shall
charge each Commercial, Industrial, or Multi -Family Unit located within the City's corporate
limits and billed by the City the applicable rate(s) in Attachment "A". Within sixty (60) days of
the date of this Agreement, Service Provider shall, at no additional charge, collect and replace
any Containers currently used by Service Provider to render the services described in this Section
5 which are not, in Service Provider's reasonable opinion, of industry standard quality with
Containers meeting or exceeding industry standards of quality. If Service Provider is not able to
complete the replacement of Containers described in the preceding sentence within sixty (60)
days due to circumstances beyond Service Provider's reasonable control (such as inaccessibility
A Containers), such sixty (60) day period shall be extended as reasonably necessary for Service
Provider to complete such replacement obligations.
SECTION 6. SPECIAL COLLECTIONS AND SERVICES.
A. Municipal Locations. The Service Provider will provide, at no cost to the City, an
aggregate of thirteen (13) Containers (each up to eight cubic yards in size) to collect Municipal
Solid Waste at certain municipal locations within the City once or twice per week, as needed.
The Service Provider will provide, at no cost to the City, an aggregate of eighteen (18) sixty-five
(65) gallon Recycling carts.
B. Special Events. The Service Provider will provide, at no cost to the City, one (1) Roll -
Off, with one (1) free haul of such Roll -Off, to collect Municipal Solid Waste at each of the
City's two (2) special events held each calendar years provided, that the City gives the Service
Provider reasonable prior written notice of the dates of such special events as well as the number
of Containers that will be required.
C. Annual Trash Off. Additionally, the Service Provider will provide, at no cost to the City,
up to twenty (20) Roli-Offs to collect Municipal Solid Waste at the City's two annual "Trash
Off events with an aggregate of twenty (20) free hauls of such Roll -Offs each calendar year.
Hauls in excess of the twenty (20) free hauls per calendar year shall be billed to the City in
accordance with the rates contained in Attachment "A". The City and the Service Provider shall
mutually agree upon the dates of such City "Trash Off' events.
D. Sludge Services. The Service Provider will provide hauling and disposal services for
sludge from the City's wastewater treatment plant; provided,, that the sludge is tested, and
accompanied by requisite documentation of the State of Texas and meets the TCEQ's disposal
guidelines. The City agrees to assist the Service Provider and, if necessary, agrees to adjust and
regulate load weights in order to comply with the Texas Department of Transportation's weight
guidelines. For Services provided under this Section 6.D., the Service Provider will charge for
each Container utilized at the applicable rate contained in Attachment "A".
C�
SECTION 7. BULKY ITEMS.
A. Bulky Item and Bundle Collections. The Service Provider will collect B 4 1%q Items from
Single -Family Residential Units once per week, as designated by the Service Provider; provided,
that Bulky Items (A) are placed at the curbside no later than 7:00 a.m. on the scheduled
collection day, (B) are reasonably contained, and (C) do not exceed four (4) cubic yards in total
volume or have any individual item exceeding one hindered (100) pounds in weight. The Service
Provider shall only be responsible for collecting, hauling and recycling or disposing of Bulky
Items from those Single -Family Residential Units that have complied with Sections 1 and 7.A.
hereof. White Goods containing refrigerants will not be collected by the Service Provider unless
such White Goods have been certified in writing by a professional technician to have had all such
refrigerants removed.
B. Negotiated Collections. It is understood and agreed that the service provided under
Section 7 does not include the collection of Bulky Items comprised of Construction and
Demolition Waste, White Goods or single items of Municipal Solid Waste in excess of one
hundred (100) pounds in weight, or any materials resulting from remodeling, general property
clean-up or clearing of property for the preparation of construction. However, the Service
Provider may negotiate an agreement on an individual basis with the owner or occupant of a
Single -Family Residential Unit regarding the collection of such items by utilizing the Service
Provider's Roll -Off Services,
SECTION 8. TITLE TO EQUIPMENT/REPAIR AND REPLACEMENT.
Notwithstanding anything to the contrary contained herein, it is expressly understood and agreed
that all equipment, including, but not limited to, Containers, Roll -Out Containers, Roll -Off
Containers, and Recycling Carts, provided by the Service Provider in connection with the
Services, shall at all times remain the property of the Service Provider. All Containers, other
than Roll -Outs and Recycling Carts shall be: (1) painted by Service Provider on demand, but not
more often than once in any thirty (30) months period during the term of the Agreement, and (ii)
steam cleaned by Service Provider upon demand, but not more often than once in any twelve (12)
months period during the term of the Agreement.
Upon prior notice, Service Provider shall remove any graffiti from Containers, other than Roll -
Outs and Recycling Carts, within five (5) days of the date on which such notice is provided to
Service Provider, or such longer period as may be reasonably required.44
SECTION 9. RATES AND FEES.
Subject to adjustment, as provided in Section 10 he eto, the rates and fees to be charged and
received by the Service Provider are provided in �Ekhibt "A". The applicable rates and fees
apply to the City and all Commercial, Industrial, and Residential Units that are located within the
City's corporate limits and billed by the City. Notwithstanding the foregoing, in the event that
the City elects to reduce the frequency of services provided to Single -Family Residential Units
pursuant to Section 4.1). hereof, rate charged by Service Provider to the City per Single Family
7
Residential Unit per month for such residential curbside collection services shall be reduced to
$10.49 plus any rate adjustments pursuant v Section IO.A, hereof that have occurred as of the
date on which such service reduction is ftnplemented. For example, if the City shall elect to
reduce collection frequency pursuant to ection 4.D. during the fourth year of the term of this
Agreement, and the rates set forth in "A" hereof have been increased by a total of three
percent (3%) pursuant to Section 10.A. as of the date of such reduction in service, the rate
charged by Service Provider to the City per Single Family Residential Unit per month for
residential curbside collection services shall be $10.80, such amount being equal to: $10.49 +
($10.49 x 3%). Such rate shall be subject to further adjustment during the term of this
Agreement as provided in Section IO.A. or elsewhere herein.
SECTION 10, RATE ADJUSTMENT.ji
c;
A. CPI-U Adjustment. On each anniversary date of this Agreement, the Service Provider
shall have the right, in its sole discetion and upon giving prior notice to the City, to increase or
decreases the rates set forth in . "A" (the "Initial Rates") in accordance with the CPI-U.
As used herein, "CPI-U" shall mean the revised Consumer Price Index for All Urban Consumers,
Garbage and Trash Collection, Not Seasonally Adjusted, Base Period December 1983 = 100, as
prepared by the United States Department of Labor, Bureau of Labor Statistics ("BLS"). The
CPI-U used will be the CPI-U published by the Bureau during the month ninty (90) days
preceeding the adjustment under this Section 10.A. The amount of increase or decrease under
this Section IO.A. shall be equal to the percentage that the CPI-U has increased or decreased over
the previous twelve (12) months period. If BLS designates an index with a new title or code
number or table number as being the continuation of the index cited above, the new index will be
used. Otherwise, the parties shall agree upon a new index.
B. Governmental Fees. The parties acknowledge that the rates herein include all applicable
fees, taxes, or similar assessments incurred under federal, state, and local laws, rule, regulations,
and ordinances (excluding sales taxes and taxes imposed on income) (the "Fees"). The parties
acknowledge and understand that the Fees may vary from time to time, and in the event any of
such Fees are increased or additional Fees are imposed subsequent to the effective date of this
Agreement, the parties agree that the rates herein shall be immediately increased by the amount
of any such increase in Fees or additional Fees.
SECTION 11. EXCLUSIONS.
Notwithstanding anything to the contrary contained herein, this Agreement shall not cover the
collection, hauling, recycling or disposal of any Excluded Waste, Hazardous Waste, animal or
human, dead animals, auto parts or used tires, paint or chemicals from any Container provided at
any Commercial, Industrial or Residential Unit; provided, however, that the Service Provider and
the owner or occupant of a Commercial, Industrial or Residential Unit may negotiate an
agreement on an individual basis regarding the collection, hauling or disposal of Construction
and Demolition Waste, auto parts or used tires, concrete, dirt, gravel, rock or sand by utilizing the
Service Provider's Roll -Off services.
�3
SECTION 12. TERM OF AGREEMENT.
The team of this Agreement shall be for a period of five (5) years, commencing on January 1,
2019 and concluding on December 31, 2023. Upon notice of its election to extend the tern of
the Agreement given not less than ninety (90) days prior to the expiration of the term, the City
may elect to extend the term by one (1) additional term of five (5) years under the same terms
and conditions as setforth herein; provided, however, that the Service Provider may elect not to
extend the term of the Agreement by providing notice of such election to the City not less than
eleven (11) calendar months prior to the then applicable date on which the term shall expire.
SECTION 13. ASSIGNMENT.
This Agreement shall not be assignable or otherwise transferable by the Service Provider without
the prior written consent of the City, which consent shall not be unreasonably withheld;
provided, however, that the Service Provider may assign this Agreement to any direct or indirect
affiliate or subsidiary of the Service Provider or to any person or entity succeeding to all or
substantially all of the Service Provider's assets (whether by operation of law, merger,
consolidation or otherwise) without the City's consent.
SECTION 14. ENFORCEMENT.
During the term of this Agreement and any extension thereof, the City agrees to adopt and
maintain ordinances and revise existing ordinances so as to enable the Service Provider to
provide the Services set forth herein. The City shall take any action reasonably necessary to
prevent any other solid waste collection company from conducting business in violation of the
exclusive franchise granted herein. If the Service Provider experiences recurring problems of
damage or destruction to or theft of the Containers provided by the Service Provider pursuant to
this Agreement, the Service Provider may, prior to replacing or repairing such Containers,
require security deposits from the Commercial, Industrial or Residential Units utilizing such
Containers. To the maximum extent allowed by applicable law, the City also hereby grants to the
Service Provider the right of ingress and egress from and upon the property of Commercial,
Industrial and Residential Units for the purposes of rendering the Services contemplated hereby.
SECTION 15. PROCESSING, BILLING AND FEES.
A. Monthly Statement. On a monthly basis, the Service Provider agrees to bill the City the
rates and fees charged under Attachment "A" and, if applicable, Section 9 (as same may be
modified from time to time in accordance with the terms hereof) for all Commercial, Industrial,
and Residential Units possessing active City services (water, sewer, electric and / or trash) within
the City's corporate limits, as well as for all other Commercial, Industrial, and Residential Units
requiring the collection, hauling, recycling and disposal of Municipal Solid Waste within the
City's corporate limits (the "Monthly Statement") on or around the lst of the month immediately
following the month in which such Services were rendered, commencing on February 1, 2019.
Thereafter, the City will remit to the Service Provider an amount equal to (y) such Monthly
Statement, less (z) a franchise fee equal to six percent (6%) of the Monthly Statement (the
"Franchise Fee"). Such remittance shall be made by the City on or before the last day of each
month (for the immediately preceding month's service) commencing on February 28, 2019.
Along with each monthly remittance, the City shall provide the Service Provider with a report
indicating the service type, size, location, and rate of Commercial Units and Industrial Units, as
well as the number and rate of Residential Units which have been billed for that month. The City
shall be solely responsible for billing and collecting such rates and fees from all Commercial,
Industrial, and Residential Units possessing active City services (water, sewer,electric and / or
trash) within the City's corporate limits, as well as from all other Commercial, Industrial, and
Residential Units requiring the collection, hauling and disposal of Municipal Solid Waste within
the City's corporate limits. Nothing herein shall prohibit the City from collecting sums in
addition to those sums called for herein.
B. Taxes. In addition to the amounts billed and collected by the City under Section 15.A.,
the City shall also be responsible for billing, collecting and remitting/paying any and all sales;
use and service taxes assessed or payable in connection with the Services. In addition to the rates
billed and collected by the Service Provider under Section 15.D., the Service Provider shall be
responsible for billing, collecting and remitting/paying any and all sales, use and service taxes
assessed or payable in connection with the Roll -Off Services,
C. Bad Debt; Unpaid Rates/Fees. The City agrees that payments owing to the Service
Provider pursuant to this Agreement shall be based solely on the Services rendered by the Service
Provider. The Service Provider shall not be held responsible for the collection of "bad debt"
billed by and owed to City for the Services, nor shall the Service Provider be penalized for
Services rendered that remain unpaid by any Commercial, Industrial or Residential Units.
D. Billings for Roll -Off Services. Notwithstanding the above, the Service Provider will bill
and collect all rates charged in Attachment "A" from all Residential, Commercial and Industrial
Units for services performed with respect to Roll -Off Containers (the "Roll -Off Billing"). The
Service Provider shall also bill and collect the rates charged in Attachment "A" from the City for
all Services performed for the City with respect to Roll -Off Containers,
E. Roll -Off Franchise Fee. On a monthly basis, the Service Provider shall remit to the City
an amount equal to six percent (6%) of the gross receipts collected from the Roll -Off Billing
during the immediately preceding month (the "Roll -Off Franchise Fee"). The Roll -Off Franchise
Fee shall be remitted to the City in arrears on or around the last day of each month, immediately
following the month in which such gross receipts were collected, commencing on February 28,
2019.
SECTION 16. SPILLAGE.
It is understood and agreed that the Service Provider shall not be required to clean up, collect or
dispose of any loose or spilled Municipal Solid Waste, Construction and Demolition Waste, or
Recyclable Materials not caused by the Service Provider's rendering of the Services, or be
required to collect and dispose of any excess Municipal Solid Waste, Construction and
Demolition Waste, or Recyclable Materials placed outside of the Containers by any Commercial,
Industrial or Residential Unit. The Service Provider may report the location of such conditions to
I[I;
the City so that the City can issue proper notice to the owner or occupant of the Commercial,
Industrial or Residential Unit instructing the owner or occupant to properly contain such
Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials. Should
excess Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials
continue to be placed outside of the Containers, the City shall require the Commmercial, Industrial
or Residential Unit to increase the frequency of collection of such Municipal Solid Waste,
Construction and Demolition Waste or Recyclable Materials, or require the Commercial,
Industrial or Residential Unit to utilize a Container with sufficient capacity so that the excess
Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials will be
regularly contained. The Service Provider shall be compensated for these additional Services as
provided for in Attachment "A" hereof, and shall be entitled to receive an extra collection charge
For each additional Container requiring an extra collection.
SECTION 17. NON -COLLECTION NOTICE AND FOLLOW-UP.
A. Notice from the Service Provider. It is specifically understood and agreed that where the
owner or occupant of a Commercial, Industrial or Residential Unit fails to timely place a
Container as directed in this Agreement, including without limitation, Sections 4 and 5 hereto, or
is otherwise in violation of the City's ordinances and regulations, the Service Provider's
reasonable rules adopted hereunder or the provisions of this Agreement relating to the nature,
volume or weight of Municipal Solid Waste, Construction and Demolition Waste, or Recyclable
Materials to be removed, the Service Provider may refrain from collecting all or a portion of such
Municipal Solid Waste, Construction and Demolition Waste, and/or Recyclable Materials and
shall notify the City within eight (8) hours thereafter of the reason for such non -collection. The
Service Provider shall also provide written notice to the Commercial, Industrial or Residential
Unit of the reason for such non -collection, unless such non -collection is the result of the
Commercial, Industrial or Residential Unit's failure to timely place the Containers or Bulky
Items out for collection. Such written notice shall be attached to the Container or the uncollected
waste, shall indicate the nature of the violation and shall indicate the correction required in order
that such materials may be collected.
B. Notice from a Commercial Indushial or Residential Unit. When the City is notified by
an owner or occupant of a Commercial, Industrial or Residential Unit that Municipal Solid
Waste, Construction and Demolition Waste, or Recyclable Material has not been removed from
such Commercial, Industrial or Residential Unit and where no notice of non -collection or a
change in collection schedule has been received by the City from the Service Provider, or the
Service Provider has failed to collect Municipal Solid Waste, Construction and Demolition
Waste, or Recyclable Materials from the Commercial, Industrial or Residential Unit without
cause, as supported by notice as described herein, then the Service Provider will use all
reasonable efforts to collect such Municipal Solid Waste, Construction and Demolition Waste, or
Recyclable Materials on the day a collection order is issued by the City; provided, however, that
if the Service Provider fails to make such collection on the same day that a collection order is
issued by the City, the Service Provider shall notify the City by the end of the business day of any
locations not collected by the end of the day and make such collection no later than 12:00 p.m. on
the following Business Day, and there shall be no charge to the Service Provider for any such
11
original non -collection or late collection so long as the Service Provider makes such collection
within such time.
SECTION 18. HOURS OF SERVICE.
For all the Services provided hereunder, the Service Provider's hours of service shall be between
7:00 a.m. to 7*00 p.m., Monday through Friday. The Service Provider will not be required to
provide service on weekends or Holidays except during natural disasters or emergencies, and
may, at its sole discretion, observe Holidays during the term of this Agreement; provided,
however, that the Service Provider shall provide such services on the immediately following
business day.
SECTION 19. CUSTOMER SERVICE.
The Service Provider agrees to field all inquiries and complaints from Commercial, Industrial
and Residential Units relating to the collection, hauling and disposal of Municipal Solid Waste,
Construction and Demolition Waste, and Recyclable Materials,
The Service Provider shall provide a single source contact/resource to receive City staff requests
and/or complaints. Such resource shall respond to the City within two (2) hours of initial
outreach, or such longer time as may be reasonably required. If the Service Provider is unable to
resolve a conflict within 24 hours, the Service Provider will notify City and provide
documentation to the City's reasonable satisfaction explaining the reasons the complaint cannot
be satisfied within 24 hours.
The Service Provider and the City agree to cooperate with each other in the response to any such
inquiries and the resolution of any such complaints.
SECTION 20. REPORTING
The Service Provider agrees to provide the following daily and monthly reports to the City.
Reports shall be in a format approved by the City.
Complete and accurate daily reports must be submitted to the City by 10:00 AM, CST each
business day. Daily reports must contain the following information:
A. Daily Call Log —Spreadsheets listing the calls received by date and time, type of call
(missed collection, complaint, inquiry), and resolution.
B. Unacceptable Set -out Log —Spreadsheet of unacceptable set -outs by address and
description of reason.
Complete and accurate monthly reports must be submitted to the City on or before the tenth
(1 Oth) of each month. Monthly reports must contain the following information:
12
A. Amount of Solid Waste and Program Recyclable Materials Collected — Spreadsheet
listing amounts (in tons/pounds) of solid waste and program recyclable materials
collected by customer type. The spreadsheet must also include yearAo-date totals.
B. Customer List for Roll -off Services — Identify each by address and level of service,
name, and contact information.
C. Billing and Revenue Documentation — Documentation justifying the Service
Provider's billings and revenue derived by the Service Provider for services within the
City.
D. Summary of motor vehicle accidents or moving violations involving the Service
Provider's vehicles — Identify vehicle, employee and description of violation.
SECTION 21. COMPLIANCE WITH APPLICABLE LAWS.
The Service Provider shall comply with all applicable federal and state laws regarding the
collection, hauling and disposal of Municipal Solid Waste, Construction and Demolition Waste,
and Recyclable Materials, including existing and future laws that may be enacted, as well as any
regulations reasonably passed by the City that are not in derogation of this Agreement. Nothing
in this Agreement shall be construed in any manner to abridge the City's right to pass or enforce
necessary police and health regulations for the reasonable protection of its inhabitants. The City
shall have the right to make reasonable inspections of the Service Provider in order to insure
compliance with this Section 20.
SECTION 22. VEHICLES AND EQUIPMENT.
Vehicles used by the Service Provider for the collection, hauling, recycling, and disposal of
Municipal Solid Waste, Construction and Demolition Waste, and Recyclable Materials shall be
protected at all times while in transit to prevent the blowing or scattering of Municipal Solid
Waste, Construction and Demolition Waste, and Recyclable Materials onto the City's public
streets, or properties adjacent thereto, and such vehicles shall be clearly marked with the Service
Provider's name in letters and numbers not less than two (2) inches in height. All collection
vehicles used by the Service Provider shall be washed and deodorized once per week.
SECTION 23. DUE CARE.
The Service Provider shall exercise due care and caution in providing the Services so that the
City's public and private property, including streets and parking areas, will be protected and
preserved. Notwithstanding the foregoing, the City warrants that the City's pavement, curbing or
other driving surface or any right of way reasonably necessary for the Service Provider to provide
the Services described herein are sufficient to bear the weight of all of the Service Provider's
equipment and vehicles reasonably required to perform such Services. The Service Provider will
not be responsible for damage to any such pavement, curbing, driving surface or right of way,
except to the extent resulting from the Service Provider's negligence or willful misconduct.
13
SECTION 24. PERSONNEL AND PERFORMANCE STANDARDS.
The Service Provider shall not deny employment to any person on the basis of race, creed or
religion, and will insure that all federal and state laws pertaining to salaries, wages and operating
requirements are met or exceeded. The Service Provider, its agents, servants and employees shall
perform the Services in a courteous, competent and professional manner. During the term of this
Agreement and any extension thereof, the Service Provider shall be responsible for the actions of
its agents, servants and employees while such agents, servants and employees are acting within
the scope of their employment or agency.
The Service Provider represents and war7ants that neither the Provider nor the Provider's
employees that are authorized to perform any work under the terms of the resulting contract has
been convicted of a felony criminal offense, or that if such a conviction has occurred, the
Provider shall fully advise the City as to the facts and circumstances surrounding the conviction
to the extent permissible under applicable law.
SECTION 25. INSURANCE COVERAGE.
With the exception of Workers' Compensation, all policies shall be endorsed to include the City,
its officers and employees as additional insured's, and all policies, including Workers'
Compensation, shall be endorsed to include a waiver of subrogation for the City, its officers and
employees. Service Provider shall provide thirty (30) days written notice prior to termination of
any of the policies required under this Agreement.
The Service Provider shall procure and maintain for the duration of the Agreement insurance
against claims for injuries to persons or damages to properties, which may arise from or in
conjunction with the performance of the work hereunder by the Service provider, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be borne by the
Service Provider and a Certificate of Insurance evidencing that such insurance has been procured
and is in force will be forwarded to the City before commencement of work hereunder.
Certificates of insurance shall be prepared and executed by the insurance company or its
authorized agent, and shall: (1) set forth all endorsements and insurance coverages according to
the requirements and constructions contained herein and the insurance policies. Service Provider
represents that all such policies meet the requirements of this Agreement.
Required limits may be satisfied by any combination of primary and umbrella liability
insurances. All insurance companies providing the required insurance shall be authorized to
transact business in Texas and rated at least "A-" by AM Best or other equivalent rating service.
Pursuant to this Agreement, the Service Provider shall carry the following types of insurance in
an amount equal to or exceeding the limits specified below:
Coverage
's Compensation
Minimum Limits of Liabili
Statutory for all employees
14
(2) Employer's Liability
(3) Comprehensive &General Liability
(except automobile)
(4) Property Damage Liability
(except automobile)
(5) Comprehensive Automobile Liability, Bodily Injury
and drivers — as required by
law.
$1,000,000 per occurrence
$1,000,000 in aggregate
$1,0005000 per occurrence;
$2,000,000 in the aggregate
$1,000,000 per occm7ence;
$2,000,000 in the aggregate
$1,000,000 per occurrence;
$2,000,000 in the aggregate
(6) Comprehensive Automobile Property Damage Liability $1,000,000 per occurrence;
$2,000,000 in the aggregate
(7) Excess or Umbrella
$5,000,000 per occur7ence
To the extent permitted by law or this Agreement, any or all of the insurance coverage required
by this Section 25 may be provided under a plan(s) of self-insurance, including coverage
provided by the Service Provider's parent corporation. The Service Provider shall furnish the
City with a certificate of insurance verifying the insurance coverage required by this Section 25.
SECTION 26. INDEMNITY.
The Service Provider agrees to indemnify and hold harmless the City and its agents, directors,
employees, 'officers and servants fiom and against any and all suits, actions, legal proceedings,
claims, demands, damages, costs, liabilities, losses or expenses (including, but not limited to,
reasonable attorneys' fees) caused by a willful or negligent act or omission of the Service
Provider, its officers and employees. Notwithstanding anything to the contrary contained herein,
the Service Provider shall have no obligation to indemnify the City or the City's agents, directors,
employees, officers, or officials, to the extent any such claims, actions, lawsuits, losses,
expenses, injuries, damages, judgments or liabilities arise out of. (i) the negligence or willful
misconduct of City or the City's agents, directors, employees, officers, or officials, (ii) the City's
breach of any of the terms, conditions, representations, or warranties contained in this
Agreement, or (iii) the violation of any law, rule, regulation, ordinance, order, permit, or license
by City or the City's agents, directors, employees, officers, or officials.
SECTION 27. SEVER.ABILITY PROVISION.
In the event that any term or provision of this Agreement shall be determined by a court of
competent jurisdiction to be invalid or unenforceable, this Agreement shall, to the extent
reasonably possible, remain in force as to the balance of its terms and provisions as if such
invalid term or provision were not a pant hereof.
1
SECTION 28. TERMINATION.
Any failure by either party or its successors and assigns to observe the terms and conditions of
this Agreement shall, if continuing or persisting without remedy for more than thirty (30) days
after the receipt of due written notice from the other party, constitute grounds for forfeiture and
immediate termination of all the defaulting party's rights under this Agreement, and all such
rights shall become null and void. Notwithstanding the foregoing, if the City determines, and
notifies the successful Service Provider, that any default by Service Provider hereunder poses an
immediate and material threat to the health or safety of any person or to any property interest, and
if the Service Provider has not cured such default within twenty-four (24) hours after receipt of
such notice, the City shall have the right to perform or cause to be performed all or part of the
work necessary to cure such default. In the event that the City performs such work, or caused it
to be performed, the Service Provider shall compensate the City for the reasonable cost thereof.
The City shall have the right to deduct any such reasonable compensation due to the City from
any sums otherwise due and owing to the Service Provider.
SECTION 29. FORCE MAJEURE.
Except for payment of amounts due hereunder, the performance of this Agreement may be
suspended and the obligations hereunder excused in the event and during the period that such
performance is prevented by a cause or causes beyond reasonable control of such party. The
performance of this Agreement will be suspended and the obligations hereunder excused only
until the condition preventing performance is remedied. Such conditions shall include, but not be
limited to, acts of God, acts of war, accident, explosion, fire, flood, riot, sabotage, acts of
terrorists, unusually severe weather, lack of adequate fuel, or judicial or governmental laws or
regulations.
In the event of a public emergency, natural disaster, hur7icane, flood, tornado, or other similar
event, Service Provider may cease, or otherwise modify, any and all services provided for
hereunder in order to ensure the safety of Service Provider's employees and the other members of
the community, as well as to protect Service Provider's property. However, Service Provider
shall make commercially reasonable efforts to resume regular services as soon as reasonably
practicable.
SECTION 30. GOVERNING LAW.
This Agreement shall be governed in all respects, including as to validity, interpretation and
effect, by the internal laws of the State of Texas, without giving effect to the conflict of laws
rules thereof. The parties hereby irrevocably submit to the jurisdiction of the courts of the State
A Texas and the Federal courts of the United States located in the State of Texas, solely in
respect of the interpretation and enforcement of the provisions of this Agreement, and hereby
waive, and agree not to assert, as a defense in any action, suit or proceeding for the interpretation
or enforcement hereof, that it is not subject thereto or that such action, suit or proceeding may not
be brought or is not maintainable in said courts or that the venue thereof may not be appropriate
or that this Agreement may be enforced in or by said courts, and the parties hereto irrevocably
agree that all claims with respect to such action or proceeding shall be heard and determined in
such a Texas State or Federal court. The parties hereby consent to and grant any such court
jurisdiction over the person of such parties and over the subject matter of any such dispute and
agree that mailing of process or other papers in connection with any such action or proceeding to
the addresses of the parties listed below, or in such other manner as may be permitted by law,
shall be valid and sufficient service thereof.
SECTION 31. NOTICES.
Any notices required or permitted to be delivered hereunder shall be in writing and shall be
deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail,
return receipt requested, addressed to the respective party at the address set forth below:
If to the City:
City Sanger
P.O. Box 1729
Sanger, Texas 76266
Attn: City Manager
If to the Service Provider:
District Manager
802 Topeka Justin, TX. 76247
With a Copy to:
Waste Connections US, Inc.
3 Waterway Square Place, Suite 110
The Woodlands, Texas 77380
Attn: Legal Department
or such other addresses as the parties may hereafter specify by written notice delivered in
accordance herewith.
SECTION 32. PERFORMANCE BOND.
The Service Provider shall maintain a performance bond in the amount of $100,000.00, renewed
annually and payable to the City for the purpose of guaranteeing the perforrrrance of the services
set forth herein. The surety on the bond must be a duly authorized corporate surety company
authorized to business in the State of Texas. Said bond shall be payable to the City in the event
that the Service Provider fails to cure any default of this Agreement.
SECTION 33. ATTORNEYS' FEES.
The prevailing party in any dispute between the parties arising out of the interpretation,
application or enforcement of any provision hereof' shall be entitled to recover all of its
reasonable attorneys' fees and costs whether suit be filed or not, including without limitation
costs and attorneys' fees related to or arising out of any trial or appellate proceedings.
17
SECTION 34. NON -WAIVER.
One (1) or more instances of forbearance by either party in the exercise of its respective rights or
remedies herein shall in no way constitute a waiver of the exercise of such rights or remedies.
SECTION 35. ACCEPTANCE.
PASSED AND APPROVED BY THE CITY OF SANGER COUNCIL MEETING AT A TIME
AND PLACE IN COMPLETE CONFORMITY WITH THE OPEN MEETING LAWS OF THE
STATE OF TEXAS AND ALL OTHER APPLICABLE LAWS THIS DAY OF
12018*
WASTE CONNECTIONS LONE STAR, INC
Its:
Name: i4z� c. 2 �
CITY OF SANGER, TEXAS
Name;
ATTEST
By:
Its:
Nat
ATTACHMENT "A"
WASTE CONNECTIONS
4001 Old Denton Rd, Haltom City, Texas 76117
Contact: Marty Grant; District Manager
Phone: (817)222-2221
City of BANGER
RATE SHEET
Effective:
RESIDENTIAL CURBSIDE COLLECTION:
$14.70
per
month,
per
residential unit (includes collection of 1 Cart & 1 Recycling Container per week
Additional Cart:
$4.50
per
month,
per
residential unit per each additional Cart
Additional Recycling Container:
$4.60
per
month,
per
residential unit per each additional Recycling Container
COMMERCIAL HAND COLLECT:
$18,00
per
month,
per
Commercial Hand Collect Unit with 1 Roll•out
$27.00
per
month,
per
Commercial Hand Collect Unit with 1 Roll -out
COMMERCIAL HAND RECYCLE COLLECT:
$18.00
per
month,
per
Commercial Hand Collect Unit with 1 Roll -out
CONTAINER
COMMERCIAL RATE SCHEDULE
Lifts Per Week -Monthly Service Rates
Containers
1
2
3
4
5
6 i
Extra -Lifts
4CublcYd
:• r•
� rr
��
---
: �r
' BCubicYd
- �r
•: �•
� • �r
---
� �-
w/ Casters § 11.00 per month,per Container
Containers w/ Locks or Gates § 11.00 per month,per Container
ROLL OFF RATE SCHEDULE
CONTAINER ROLL OFF OPEN TOPS
® :HAUL
20 Cubic Yd
;DELIVERY
•
DAILY RENT
DISPOSAL
'.. • • -
DRY RUNS:
30 Cubic Yd
•
'•
40 Cubic Yd •, ,
• r r
'• r • =
CONTAINER CITY ROLL OFF RATES
® ;HAUL
20CubkYd •� r�
DELIVERY
rr
DAILY RENT
�
DISPOSAL
�• •-
30Cubic Yd 10010 •#
ri
�• •=
40Cubic Yd r •r
�r
�• •_
20 Cubic Yd `_—_—
Sludge ` •
---
Franchise and Billing Fees:
Residential: 6% Franchise Fee
Commercial: 6% Franchise Fee
ROII.Off: 6% Franchise Fee
All rates are Inclusive of all franchise and billing fees
` Rates do not include any Sales Tax
' Rates do not include any Fuel Surcharges
DRC MEDIA COMPANY
NEWS 8L ADVERTISING SOLUTIONS
One company delivers it all.
3555 Duchess Drive
P.O. Box 369
Denton, TX 76202
940-387-381 1
Publication(s): Denton Record -Chronicle
PROOF OF PUBLICATION
Being duly sworn (s)he is the Publisher/authorized designee of
Denton Record -Chronicle, in City of Denton/surrounding areas in
Denton County; Newspaper of general circulation which has been
continuously and regularly published for a period of not less than
one year preceding the date of the attached notice, and that the
said notice was published in said newspaper Denton Record -Chronicle
on the following dates below:
10/04/2018
(signature of Authorized Designee)
Subscribed and sworn to before me
this 4th day of October, 2018 by
(printed name of Designee)
Witness my hand and official seal:
(signature name of signee)
Notary Public, Denton County, Texas
BANGER CITY OF
P 0 BOX 1729
BANGER TX 76266
KAYCEE KEY
Notary Public
State ®f Texas
ID # 131297498
Eamm, Ex0res 09.28.2021
Ad Number: 6666 Price: $23.40