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O-1990-1730
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O-1990-1730
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Last modified
11/2/2016 3:38:49 PM
Creation date
10/25/2006 4:10:13 PM
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Legislative Records
Legislative Type
Ordinance
Date
10/22/1990
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<br />14.00 <br /> <br />15.00 <br /> <br />16.00 <br /> <br />17.00 <br /> <br />e <br /> <br />e <br /> <br />',-. <br /> <br />TRANSFERABILITY OF CONTRACT - Other than by operation <br />of law, no assignment of the Contract or any other <br />right accruing under this Contract shall be made, in <br />whole or in part, without the express written consent <br />of the City. The City shall have the right to <br />investigate the proposed assignee, as outlined under <br />the original proposal, and reserves the right to reject <br />any proposed assignee that does not meet the <br />requirements of the original proposal. The City agrees <br />to not unreasonably withhold consent of assignment. In <br />the event of assignment, the assignee agrees to assume <br />all terms and conditions of the Contract Documents. <br /> <br />EXCLUSIVE CONTRACT - The Contractor shall have the sole <br />and exclusive franchise, license, privilege and right <br />to provide collection and disposal of Refuse from <br />Commercial and Industrial Units within the corporate <br />limits of the City. The Contractor shall have the <br />right to solicit for collection and disposal of Dead <br />Animals and Hazardous Waste, but such right shall not <br />be exclusive. <br /> <br />OWNERSHIP Title to any and all Refuse and Dead <br />Animals shall pass to the Contractor when placed in the <br />Contractor's collection vehicle, removed by the <br />Contractor from a Bin, or ~emoved from the customer's <br />premises, whichever occurs last. <br /> <br />ARBITRATION - Should a dispute arise regarding the <br />interpretation of any provision of the Contract, except <br />Paragraph 7.00, or any proposed rate increase under <br />Paragraph 13.06, or monthly invoices under Paragraph <br />13.09 that cannot be resolved, within a reasonable <br />amount of time, between the City and the Contractor, <br />the parties may request the determination of such <br />dispute by a mutually acceptable arbitrator. Should <br />the parties be unable to agree upon a mutually <br />acceptable arbitrator, each party shall nominate one <br />arbitrator and the arbitrators so nominated by the <br />parties shall select a third arbitrator who will act <br />with them as a three-member arbitration panel to decide <br />the disagreement between the parties by the concurrence <br />of a majority of the panel. Cost for such arbitration <br />shall be borne equally by Contractor and City, provided <br />that each party shall bears its own attorney fees. The <br />decision rendered by the arbitratorCs) will be final, <br />subject only to judicial review as may be available <br />under the Texas General Arbitration Act. Provided, <br />however, that nothing in this paragraph shall prevent <br />the parties from resolving disputes prior to formal <br />arbi trat io.n. <br /> <br />PAGE 15 OF 21 <br />
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