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Ordinance No. 62-11 CITY OF TIGARD, OREGON - ORDINANCE NO. 62- AN ORDINANCE REGULATING THE COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE AND GRANTING AN EXCLUSIVE FRANCHISE THEREFOR, DEFINING THE TERMS THEREOF, PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, AND DECLARING AN EMERGENCY. IT IS ORDAINED BY THE COUNCIL OF THE CITY OF T ICARD: r. Section 1. That from and after the effective date of this ordinance, it shall be urlawful for any person or persons to haul, carry or dispose of garbage or refuse within the City of Tigard except as in this ordinance provided. SQA. That there is hereby granted to HEERERT FRANK, herein- after called the collector, the exclusive right, fran- chise, and privilege of collecting and hauling over the streets of the City, all garbage and refuse, which shall be interpreted to mean and include all sorts of waste, animal and vegetable matter, rubbish, trash, debris, ashes, tin cans, and other waste matter generally, and to embrace articles ordinarily and customarily discarded from business and domestic establishments and usually hauled off and dumped for the purpose of the cleanliness and health of the city. This franchise is to run until December 31, 1966, sub'ect to termin- ation at the close of any calendar year by thirty (30}i days' prior written notice from the City to the Collector. Section 2. That in consideration of such privilege, right and franchise, the said HERBERT FRANK is to pay the City the sum of $100.00 per year, payable in quarterly installments or. or before the` first day of each calendar quarter throughout the teen of this franchise, provided that the annual rate to be so paid shall be subject to change by renegotiation at the close of any calendar year by either party serving upon the other sixty (60) days' prior written notice of intention to renegotiate said annual rate, and said annual rate if then renegotiated shall become effective beginn- ing with the first day of the following calendar year. Section 4. The collector is to use proper and suitable equipment for the hauling and transportation of garbage. All equipment for handling garbage, ashes, and rubbish shall be covered and all equipment for handling liquids shall be equipped with a metal body watertight and drip-proof. All eqquippmment shall be kept k' clean,at ail-times. Sufficient equipment shall be kept on hand to promptly and adequately remove all garbage subject to the terms of this ordinance. Section 5. The collector shall furnish and maintain at his own expense a suitable dump and incinerator for disposal of garbage, and shall conform to s rebalau y requirements of pubric authority with respect thereto at all times. Section 6. The collector shall make collections of garbage through- th "Ityout the business area ox I.Lie %J.LLY as aca�iiJ.acas Lay the Page. 1 ORDINANCE NO. 62- I'��. m City Council, and at least weekly collections in all residential districts of the City. Collections of Offensive or ivzt -a:base in the business district shall be completed by 11:00 a.m. 02 the day set for collecting the same. No collections shall be made on 4.f____ ho .1...... then. ^011e=t!^:: 'aM�1 d Sundaye or legal :ol_�=��, =•g �t ;�y [ivaAr Kus•= •• disturb the peace or sleep o£ the residents. The collector is to perform his obligations hereunder under the supervision and to the satisfaction of the City in compliance with all sanitary regulations of the City of Tigard and of the State of Oregon. Section 7. The collector shall, upon request of the City, remove all assembled debris, trash, or waste, including garbage from any premises operated by the City for municipal pur- poses, free of charge, within two days after being notified of the availability of such material for removal, and shall otherwise I upon request furnish regular garbage removal service to the City s wanicipal premises on the same basis as available to private individ- uals, without cost to the City. Section 8. Nothing in this ordinance is to be construed toprevent any resident or householder of the City from hauling his own garbage or refuse and disposing of the same in a lawful manner; provided however, that no resident or householder will be permitted to haul garbage or refuse for another person. Any such person hauling garbage over the streets of Tigard shall be required to convey the same in'a covered or tightly closed vehicle to prevent the scattering of the same upon the streets of the City, and in the event.that wet garbage or liquids are hauled they shall be hauled in sucn-.carni afters and in such manner as will prevent them from spilling, leaking, or dripping upon the streets of the City. Section 9. The rates to be charged to all persons, firms or cor- porations by the collector shall be reasonable and uniform, takinginto consideration the service rendered, and shall be in' aubstantal compliance with and not in excess of those set forth in the following schedule: RATES Class Calls Per Week Rat4s Individual residences or apartments One 1 can $1.75 per month One 2 cans 3.00 per month Each additional can 25Jper can, or $1.00 per =onth ' Business places, including hotels, stores, motels, restaurants, rooming houses and other commercial patrons One - l can $2.00 per month One 2 cans $3.50 per month Each additional can V.00 per month Two - 1-can 4.00 per month Two - 2 cans 7.00 per month Each additional can 12.00 per month Three - l can 5.00 per month Three - 2,cans 10.50 per month Each additional can 13.00 per month Nota Page 2 - ORDINANCE NO. 62-,_,1„� ® Section_9. (tiontinued) 4C Class Calls per :deet Kates. BusinesR places, including hotels, stores, motels, restaurants, rooming houses and other commercial patrons Four - 1 can $8.00 per month Four - 2 cans $14.00 per month Each additional can 54.00 per month Five - 1 caa $10.J0 per month Five - 2 cans $16.50 per month Each additional can $5.00 per month Six - 1 can q12.00 per month Six - 2 cans 21.00 per month Each add'*.conal can 6.00 per month The City shall, during the lifetime of this or�a'atescand to h mro w the right to amend^modify or regulate the foregoing r provide other or different.: rates or classifications by ordinance. No change shall be made except upon reCsoonpassagenotice soothe col anc ec- for not less than ten (10) days prior Section 10• Should the collector fail, neglect, or refuse to fulfill banhor emnio1this a yymperformedthenthe city fTigard shallhave the chise to be right to cancel and annul this franchise. Before any such cancella- tion, the Council shall serve upon the collector a written notice setting forth/wherein the collector has failed in his duties as set forth != this ordinance and the matter will be heard before the -Council. At any such hearing, the Collectot shall,have the right to be ppresent in person and to be represented by counsel and to present such"ity ay alsoain likece as mannerapresebe nts chcproperievidencthe eaaser. it The deem adv may deem advisable. All witnesses shall be heard under oath and may be cross-examined by the collector or his representative and by the City or its representative, and the procedure shall, as nearly: as practicable; follow the procedure in a trial of ;atte s before equity courts of Oregon. The finding of the Council thereon shall be con- clusive. Section 11. This franchise shall not be assignable by the collector to any thiftd person without tha written consent of the Council being first had and aobtained t to abid ebyuthelthe terms8hereof has filed his acceptance a n.. ..d_----- with the City Recorder. section 12. In the event the collector shall at any time during the life of this franchise desire to sell his dumping ground, incinerator, and/or collection equipment and shall receive a bona fide written offer topurchase said plant and equipment for a definite sum oc money, the collector shall notify the Cifor Of a thereceipt ofptenf(10)a offer to purchase an first City shall have, P days from the receipt of said notice from the collector, the first and prior right to purchase the collector's plant and equipment for the amount and upon the same terms specified in the offer to purchase. page 3 - ORDINANCE N0. 62- ,j e� Section 13. Any person hauling garbage i~xviolation of the terms of this ordinance upon conviction thereof may be fined by a fine of not more than $100.00 or by imprisonment for not more the. 50 '-Va or by both duch fine aiid iwvr'sonment• � Section 14. Whereas the disposal of garbage is a matter of vital concern to the health and safety of the people of the City of Tigard an emergency is hereby declared to exist and this ordinance shall become effective upon its passage by the Council and approval by the Mayor, and upon the collector filing a Written acceptance of this franchise. FA.cSED: By the Cc---ncil, this day of May, 1962, APPROVED: By the Mayor, this day of May, 1962. HiYUK Vi6y UL 1188rd -'- Att e y of'3-igaic Page 4 - ORDINANCE NO. 62- �!