CITY OF HOUSTON - CITY COUNCIL
Meeting Date: 7/24/2018
Item Creation Date: 6/19/2018
ARA-NNX4 Industries, LLC dba NexWaste SWF
Agenda Item#: 35.
ORDINANCE No. 2018-0548, passed second reading July 11, 2018
ORDINANCE granting to NX4 INDUSTRIES, LLC dba NEXWASTE, a Texas Limited Liability Company, the right, privilege, and franchise to collect, haul, and transport solid waste and industrial waste from commercial properties located within the City of Houston, Texas, pursuant to Chapter 39, Code of Ordinances, Houston, Texas; providing for related terms and conditions THIRD AND FINAL READING
The Administration & Regulatory Affairs Department (ARA) recommends that City Council approve an ordinance granting a commercial solid waste operator franchise to NX4 Industries, LLC dba NexWaste. Article VII of Chapter 39 of the City Code of Ordinances makes it unlawful for any commercial solid waste operator to collect, haul or transport solid waste or industrial waste from commercial properties located within the City without first having obtained a franchise for that purpose upon the consent of the City Council.
ARA’s Franchise Administration Division collects franchise fees from commercial solid waste transporters, coordinates audits and compliance reviews and actively monitors state/federal legislation and administrative proceedings that impact these fees. The City currently has 267 solid waste operator franchises. For FY 2018, the total solid waste franchise revenue to the City is projected to be $7,664,100.
The proposed ordinance grants the franchisee the right to use the City’s public ways for the purpose of collecting, hauling or transporting solid or industrial waste from commercial properties located within the City of Houston. In consideration for this grant, each franchisee agrees to pay to the City an annual franchise fee equal to four percent of their annual gross revenue, payable quarterly. To verify franchisee compliance with the franchise, the franchisee company has the duty to maintain required customer records, which the City has the right to inspect during regular business hours. The franchise agreement contains the City’s standard release and indemnification, default and termination, liquidated damages and force majeure provisions. The proposed franchise term is 10 years from the effective date.
Departmental Approval Authority:
Tina Paez, Director
Administration & Regulatory Affairs Department
Lara Cottingham Phone: (832) 393- 8503
Naelah Yahya Phone: (832) 393- 8530