Ordinance No. 67-22 CITY OF TIGARD, OREGON
ORDINANCE No.67-^i2
AN ORDINANCE REGULATING THE COLLECTION AND DISPOSAL OF
GARBAGE AND REFUSE, GRANTING AN EXCLUSIVE FRANCHISE THEREFOR
WITHIN A PORTION OF THE CITY OF TIGARD, DEFINING THE TERMS THEREOF,
FIXING CHARGES, PROVIDING PENALTIES FOR VIOLATION, AND DECLARING
AN EMERGENCY.
WHEREAS, by the terms of Ordinance No.66-1 enacted by the
City Council on January 10, 1966, certain regulations to control
the collection and disposal of garbage and refuse were prescribed,
and an exclusive franchise was thereby granted to Herbert Frank to
provide garbage collection service within the then corporate limits
of the City of Tigard; and
WHEREAS, by the t-oms of Ordinance No.66-1, the right was
reserved on the part of the City to grant additional franchise
privileges to other collectors with respect to additional areas
annexed to the City, or otherwise coming under the jurisdiction of
the City Council of Tigard; and there has heretofore been annexed
to the City of Tigard the additional area as described on the at-
tached sheet designated "Exhibit A" by this reference made a part
hereof, with respect to which CARL MILLER has heretofore provided
garbage collection and disposal services and he has applied to the
City for authority to continue such service to the said area;
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That from and after the effective date of this ordinance,
it shall be unlawful for any person or persons to collect,
haul, carry or dispose of garbage or refuse within that portion of
the City of Tigard as described in "Exhibit All, except as by this
ordinance, or amendments hereto hereinafter enacted, set forth.
Section 2: That there is hereby granted to CARL MILLER, hereinafter
termed the "collector", the exclusive right, franchise
and privilege of collecting and hauling over the streets and ways
within that portion of the corporate limits of theCity of Tigard as
described in "Exhibit All, garbage and refuse, which shall be inter-
preted to
nter--
preted-to include all sorts of waste, animal and vegetable matter,
rubbish, trash, debris, ashes, tin cans and other waste matter gen-
erally, together with articles ordinarily and customarily discarded
from business and domestic establishments, for the purpose of preserv-
Ing the public health and maintaining a reasonable degree of public
cleanliness throughout said portion of the City.
1 This franchise shall be effective on April 16. 1967
and shall continue in full force and effect until December 31, 1975
subject to termination at the close of any calendar year upon thirty
(30) days' prior written notice from the City to the collector and
otherwise subject to termination as hereinafter set forth.
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Section 3: That in consideration of the franchise hereby granted,
the collector shall pay to the City of Tigard on or before
July 10, October 10, January 10 and April 10, a sum equal to three
(3) per cent of the gross revenues earned by the collector during
the next preceding period of three (3) calendar months, same to be
accompanied by a verified statement of such earned revenues, in such
form as shall be prescribed by the City Administrator.
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 equip-
ment for handling liquids shall be equipped with a metal body, water-
tight and drip-proof. All equipment shall be kept clean at all 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 all regulatory requirements of public authority
with respect thereto at all times.
Section 6: The collector shll make collections of garbage at least
weekly in all residential districts within the franchised
area. No collections shall be made on Sundays or legal holidays, or
at any hour when the collection would disturb the peace or sleep of
the residents. The collector is to perform his obligations here-
under, 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: In addition to the requirements set forth in Section 6,
the collector shall collect offensive or wet garbage
from commercial and business premises within the franchised area by
l:oo p.m. on each day set for collecting the same. Between the
hours of 5:00 ar 5:00 p.m. on all days which precede legal holidays,
the collector s;iall collect the garbage from all butcher shops and
other establishments having garbage which may become foul or offens-
ive by being kept over the ensuing holiday. In addition to the fore-
oin the collector is to respond to all calls for special hauling
within three days from the date of receiving said call. The collector
shall perform all work under the supervision of and to the satis-
faction of the City and shall comply with all sanitary regulations
of the City and of the State of Oregon.
Section $: The collector shall, upon request of the City, remove
all assembled debris, trash or waste, including garbage,
from any premises operated by the City within the franchised area,
free of charge, within two days after tieing notified of the availa-
bility of such material for removal, and shall otherwise upon request
furnish regular garbage removal service to municipal premises of the
City within the franchised area on the same basis as available to
private individuals, without cost to the City.
Section 9: Nothing in this ordinance is to be construed to prevent
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
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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 such containers and in such manner as will prevent them from
spilling, leaking, or dripping upon the streets of the City.
No person shall scatter or permit to be scattered,
garbage or refuse of any kind or character, or litter, upon the
streets of the City of Tigard.
Section 10: The rates to be charged to all persons, firms or cor-
porations by the collector shall be reasonable and
uniform, taking into consideration the service rendered, and shall
be in substantial compliance with and not in excess of those set
de a
fortr�hereof�INothingBIT B" llhereineretacontainedttached nshall d by tbesconst-ruedetoalimit,
pa
ht on the part of the City to amend this
modify or preclude the rig
ordinance to regulate or provide other or different rates or pre-
scribe additional classifications and charges, provided that rate
changes or classifications shall not become effective except thirty
(3q} days after enactment and shall be reasonable in consideration
of the service required to be rendered by the collector to the public.
Section 11: Should the collector fail, n gleet or refuse to fulfill
any or all of the terms and stipulations of this fran-
chise to be by him performed, then the City of Tigard shall have the
�.iPht to cancel and annul this franchise. Before any such cancella-
ton, the
Council shall serve upon the collector a written notice
setting forth wherein the collector has failed in his duties as set
forth in this ordinance and the matter will be heard before the
Council. At any such hearing, the collector shall have the right to
he present in person and to be represented by counsel and to present
such witnesses and evidence as may be proper concerning the matter.
The City may also in like manner present such proper evidence as it
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
r practicable, follow the procedure in a trial of matters before equity
courts of Oregon. The finding of the Council thereon shall be
conclusive.
Section 12: This franchise shall not be assignable by the collector
µ to any third person without the written consent of the
Council being first had and obtained and not then until the assignee
ti has filed his acceptance and agreement to abide by the terms hereof
with the City Recorder.
a Section 13: 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
t ` fide written offer to purchase said plant and equipment for a def
inite sum of inonev, the collector shall notify the City of the receipt
of said offer to purchase and the City shall have, for a period of
. N,y,,.., ten (10Y days from the receipt of said notice from the ,collector,
� the first and prior right to purchase the collector's plant and equip-
ment for the amount and upon the same terms specified in the offer
ti to purchase.
Section 14: The collector shall cover his operations hereunder,
s including all equipment- utilized an any public street
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or way, with bodily injury and property damage liability insurance,
with limits not less than $100,000. per person and $300,000. per
accident for bodily injury, and $50,000. for property damage and said
coverage shall name the City of Tigard as a co-insured with respect
thereto, and a copy of the complete policy with all endorsements
shall be filed with the City Recorder.
Section 15: Any person hauling garbage in violation 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
than 50 days, or by both such fine and imprisonment.
Section 16: 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 on April 16, , 1967 provided
that the collector shall file a written acceptance of this franchise
on or before said date.
PASSED: By unanimous vote of all Council members present, after
being read three times by number and title only,
this 10th day of April, 1967.
Recorder City of Tigard
APPROVED: By the Mayor, thin 10th day of April, 1967.
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tgard
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EXHIBIT "A"
Description of the franchise area:
All that certain area within the corporate
limits of the City of Tigard, as of the
date of enactment of Ordinance No.67----?2_,
lying North of S. W. Pfaffle Street and
West of S. W. Pacific Highway.
Exhibit "Aar
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EXHIBIT "B"
Maximum rates prescribed by the City of Tigard for garbage collection
and disposal services, pursuant to Ordinance No.66-1 passed by the
City Council on January 10, 1966.
'!fie metes to be shaarged to all persons, firms or corporations
by the collector shall be reasonable &ad Uniform. takiag into con-
sideration the cervise r*rA*rod. and sMll be in as kantial Somp11-
Race With, and not IA *10094 or, the following.
IttBS'�xliHti•S�l, 11A�i0
stralp t handling charges for refuse for standard cam not to exceed
32-gallon capacity:
ON% WOP M mill 1 San ----------------$1.75 per month
2 SAAB --------------- 3.00 pop month
sash additional San -- .25 per San, or
1.00 per month
TWO :iToys Pan Plo - Z CAN ---------------- 1.50 par maenth
s - --- 5 ➢ p month
cane -_-____----'- �. fD *
cSsh additional San -- .25 per can
CO ---IAL RATS3
standard Saaes not esesedIng 32-gallon capacity;
O gTOp rZt WRIg 1 am ---------------$2.00 per month
2 eas4 --------------- 3.50 par aracnth
each additional San -- 1.00 per month
sw raps M 1 San -------- 4.00 per Month
2 saws --------- ----- 7.00 per month
sash additional Sae; -- 2.00 per month
8TOP8 PIR tag 1 San _------------- 6.00 per a 0,1th
2 can* ---------------10.50 per month
Saash additional Baa 3.00 per month
1 ---------------- 8.00 per moth
2 "as ,---.-----__---X14.00 per menti
sRsh artition al tan -- 4.00 pore nth
IFM Mpg PER V= San .�Y�_,a_._.---- 10 00 per maask
! sass -------- ----- 16.30 per ask
each additisnstl�son - 5.00 per soubb
0Tl 8"PA 2gg vau i can --- ---- --- 12.00 per Bomb
2 cane -------------- 21.00 per S"M
Y each additional Ban - 6.00 per "nth
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CHARGES VOR CONTAINER SERVICS
The collector shall retain ownership of the containers and make the
following chargee to the consumer. Tha charges shall be for the full
aapasity of each container furnished.
HU14BER OF STOPS PER WEEK A CHARGES PER 140N2�!
One TWO Three *our Live Six
OXZ-LARD CONTAINERS
One 1-y-yd. Cant. 12.50 21.00 30.50 39.00 47.50 56.00
Two 1-yd. rant. 23.50 39.00 56.50 72.00 87.50 103.00
Ea. Add. Cont. ll.00 18.00 25.x'0 32.00 39.00 46.00
ONE AND oNE-HUX-YARD CONTAINERS
one 1-1/2-yd.Cont. 14.50 25.00 36.50 47.00 57.00 68.00
Two 09-00
EaelC00 20.00 28.00 36.00 44. 0 1 2
0 5
hAdd. 22.
.00
TWO-YARD CONTAINERS
One yd Cont. 20.50 36.00 52.5 ! 68.00 83.50 99.00
Two 2-yd. Cant. 39.50 69.00 100.50 130.00 159.50 189.00
Saab Add. Cont. 19.00 33.00 k8.00 62.00 76.00 90.00
T_RREE-YARD CON'TAINBRMS
Oma 3-yd. Cont. 28.50 51.00 74.50 97.00 i1s,50 142.00
Two 3-yd. Cont. 55.50 99.00 144.50 188.00 231.5o 275.00
Each Add. Cont. 27.00 48.00 70.00 91.00 112.00 133.00
yIyz-YARD CONTAINERS
One 5-yd. Cont. 113.50 80.00 117.50 154.00 190.50 227.00
Two 5-yd. Coat. 85.50 157.00 230.50 302.00 373,50 445.00
Etch Add. Cant. 42.00 77.00 113.00 148.00 183.00 218.00
CHARGES FOR TRUCK BODY 'TYPE CONTAINERS
12 yards ------------ 817.40 per load
15 yards ------------ 21.00 per load
20 yards ------------ 27.00 per load
There shall be a demurrage oharg3 on all Truk
Type Containers for each container of $1.00
every 24 hours excluf Ing Saturday and 3unda3
after being at a location more than 48 hours.
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