Ordinance No. 72-36 a- CITY OF TIGARD. OREGON
ORDINANCE PMO. 72---2j
NAMING AND DIS
AN ORDINANCE RBOULATING T EfMRAPM'PIDiGIAN.SXCLUSI1iPi FRIINCHISE
�DII.
AND STORAGE OF WASTE PIATTI
► ,oP PROVIDING Tffi8 VIDWINIno TUC TERM TH
OLRTION, AND DECLARING k
MMORNCY. �..�..
THE CITY OF TIGARD oRDAIPMS AS FOLLOWS8
Sects The purpose of this ordinance fa to provide for the safe.
economic and efficient collection. tranoportation,
storage, and disposal of wastes and solid wastes, and to insure
adequate standards of service for said coYlaiction, transpartation.
storage snot disposal thereof to protect the healthof Tiq&rdj and, , fafordinaacm
arealare of the pale of the taaccomplish this purpose.
shall be liberallyy construed tocc
Section-2s When used in this ordinance* unless the context requires r
otherwise:
(a) "Box
refuse" mans refuse contained in a box not
exceeding the volume of a can nor the weight of 40
pounds loaded, and of sufficient strength and
ig-
idity to safely contain the refuse and permit rife
collection.
(b) `Bundle" mans n "'putrescible solid wastes securely
tied in burAles imluding. .but not limited to, twigs,
shrubbery ttLNgin9d or tree lists, with a limit of
four (4) toot in lnngth anti 6o pounds in weight.
(c) "Can" moans-a theta! storage or rigid plastic container
for solid waste with bails (handles) and a tight I
fitting lid or cover and not exceeding a capacity of
32 gallons nor a loaded gross weight of 75 pounds. i
Such can shall not exceed 50 founds gross loaded
weight if sunk into a receptacle in the ground.
(d) ^Collector" means the person, firm or business
homassociation to wthe text and p the City Cprovisions hereincil hasd
franchise under the
contained.
(e) "Disposal Site* Mang any land used for the disposal.
of solid wastes including, but not limited to, dumps'
stained
anitary;Sand fillsand
authorriity,butlants does not include
or approved by pub the public
( a landfill site which is not used by
and which is
either directly or through a service
used by the Deaner or tenant thereof to dispose Of
sawdust. bark, soil. rock.';building_ demolition oducts
material or non-putrescible industrial waste pr
i ,
resulting from the process of manufacturing.
page 1 ORDIpANCE No. 7a .
x _.
(f) "Extra" means non-putrescible solid waste, in the form
of bundles, boxes or loose refuse, collected during a
stop in addition to regular service for metal cans
or containers provided to the same customer.
(g) "Loose refuse' ,�.aans unconfined non-putrescible
solid wastes outside of any container, can or box
including, but not limited to, leaves, grass trimmings,
shrubbery trimmings or the like.
(h) "Person" means any individual, public or private cor-
poration, industry, co-partnership, association, firm,
trust, estate or any other legal entity whatsoever.
(i) "Futrescible material" is organic material that can
decompose, and may give rise to foul smelling, offensive
products.
(j) "Service" means the collection, storage, transportation
and disposal of waste and solid waste.
(k) "Stop" means a single pickup of solid waste at an
accessible storage point provided by a customer.
In the case of residential service, a "stop" shall
include picking up a can or cans at one storage point
and any extras. In the event of multiple dwellings
on tree same premises, each dwelling unit shall be
considered a "stop, with residential service unless
five or more units :are served by cans or containers
at a single ai:4essible or "forage point. In the
lattar case, aervic•e shall tye considered as commercial
_ser:tce.
(1) "Soiid 'haste" .wean, all putrese-ibie and non-putrescible
was,es, whethr+ in i-Ali or liquid form, except liquid
-
ca. , r.ed industrial ,,rites or s:swage or sewage hauled
as an ir.A dens! pa: t ,f a septL -an' or cesspool
clemnin.� s:ar�ne, t:,t Lncl,idanq garbage, rubbish,
ashes, paper ,gild ca,dboaru, street refuse, industrial
waste, till, lamolit.ion and construction waste,
aban-jonP-i ,ehi=Les r r parts theraot, discarded home
and industrial appliances manure, vegetable or animal
solid and semi-solid waste, dead animals (exclusive
' of horses, cattle, sheep, hogs, goats, and the like),
and other discarded materials.
(m), " taste" means useless, unw,inted or discarded materials.
(n) "Waste materials" or "refuse" means solid waste and
waste as herein defined.
Section 3: ."here is hereby granted to JOHN sclixiu`, d/b/a,
JOHN SC113IID'r SANITARf SERVICE,
the exclusive privilege and franchise of collecting waste materials
and'refuse as in this ordinance defined, ordinarily and customarily
discarded from residences, and commercials and industrial establish-
? menta, within that area of the City of Tigard as described on the
attached map, Exhibit ,A by this reference made a part hereof, and
' the right to haul the same over the city streets for the purpose of
s disposal, as in this ordinance more particularly described.
w
Page 2 - ORDINANCE No, 72-t
The rights and privileges hereby granted shall be
effective with the effective date of this ordinance and shall
remain in effect, subject to the terms and conditions hereof, until
December 31, 1975 unless sooner terminated in accordance with the
terms hereof.
The City shall one year prior to termination of this franchise
ordinance commence iagotiations with the collector for a new franchise.
In the event the City and the collector are unable to reach an
agreement on such a new franchise after a period of 6 months, the City
say negotiate with any qualified persons.
Section 6a That 3n consideration of such right, privilege and
franchise, the cillector will pay to the City of Tigard
each fiscal year during the term of this franchise, rn annual fee
equal to 3% of the gross annual receipts accruing to the collector
from such service within the corporate bounds of the City of
Tigard as designated on Exhibit "A", computed on a quarterly basis,
and payable not later than 30 days following the end of each quarter
fisc4l year period. The collector shall maintain proper records
showing the gross receipts from the service within said area and
such records shall be open at all times to inspection and audit
by a„thoriaed personnel designated by the City.
"Gross annual receipts" shall be deemed to include all
fees, remuneration or amounts accruing whether paid or
unpaid to the collector by reason of any service or
activity conducted by the collector within the purview
of this ordinance within the corporate limits of the
City of Tigard as illustrated on Exhibit "A" during any
calendar year.
Section 5: The c0lla�7tor shall ase proper and suitable equipment
for the rretvnval. hauling aad transportation of wL3te
materials on the public streets -ad roads 4►thin the City. All
equipment for -ransporting saic. +ast.a taatarzals shall be equipped
with a metal body, an-t shall oe v,,?ered fr wo last pick-up stop
to the transfer stati.;:.n and/or diagosal site. all of said equip-
ment xhall be kept clean as l-)ssible, at all times, and shall be
sufficient to properly and adequately :emo�e all waste materials
subject to this Ordinance.
Section b: The collector shall at all times furnish and maintain
a suitable disposal site, and dispose of the waste
materials in conformity with all regulatory requirements of public
authority with respect thereto; provided, however, that the City
may waive the provisions of this section in the event the collector
has access to arty suitabledisposal site maintained or approved by
public authority.
Section 7,_ where service is contracted by a customer, the collector
shall, during the term of this franchise, collect and
carry away all waste materials as defined in ,Section 2 of this
ordinance not lose than once per week from the residences and
commercial and industrial establishments of the City. The Collector
a shell collect offensive and wet garbage in the business district
by 1.00 P.M. on each day set for collecting the same. - The collector
shall collect the waste materials from butcher shops and other
' establishments having waste materials which may become foul or
z offensive by being kept over a holiday between the hours of 5:00 P.M.
s
rand a-
.00 P.M. on all days which precede legal holidays.
Page 3 - ORDINANCE No. 72- J
Section e: In addition to the foregoing, the collector shall
respond to each call for special hauling within three
(3) days from the date of receiving such call. The collector shall
perform his obligations hereunder under the supervision and to
the satisfaction of the city in compliance with all sanitary
regulations of ehe City of Tigard, County of Washington and State
of Oregon.
Section 9: The collector may, after reasonable written notice to
a customer with a copy delivered to the City Administrator,
temporarily suspend service to a particular location where
compelling safety considerations substantially preclude reasonable
access to the premises or where conditionsexist that would unduly
jeopardize the safety of the operator of the collection vehicle
or the public, but such suspension of service shall be effective
only so long as such conditions exist or for such period as the
customer shall fail, neglect oz refuse to remove such hazards or
to take reasonable steps to provide safe and proper access to the
premisoL or shall fail to eliminate the hazards giving rise to
the suspension of service.
Section 10: in the event the customer or owner of the premises
being served by the collector shall fail to discharge
his financial obligation to the collector within 120 days after
accrual of the account, the collector may upon 7 days notice to
the customer or owner and the city. Administrator of Tigard,
discontinue service until the delinquent account is paid in full.
Section 11: The collector shall, upon request of the City, remove
all assembled waste materials from any premises
operated by the City for municipal purposes, free of charge, within
two (2) days after being notified of the availability of such
material for removal, and shall otherwise, ul,,z, request, furnish
regular waste maters:ll rrmc,val service to the :;ity's municipal
promises on the same seals as available ! ) private individuals,
without cost to the City.
Section 1Z: Each person subject t, this ard,.rianc:e shall be respon
sibie for the storage of all putrescible materials upon
his property in cans or containers, constructed, loaded, operated
and maintained in accordancewith Oregon Revised Statutes= and,
further, shall be responsible for the removal of all putrescible
materials from his property not less than once each week.
Section 13: Nothing in this Ordinance is to be construed to prevent
any resident or householder of the City from hauling
hisi own waste' materials and disposing of sam,> at a disposal site
as defined hereini provided, however, that no resident, householder,
or any;other person shall haul said waste materials for another
person. Any such person hauling said waste materials over the
streets aad roadways of the City shall be required to convey same
in a covered or tightly closed container or vehicle, to prevent the
scattering of same upon the streets of the City, and in the event
A that wet waste materials or liquids are hauled, in such containers
and in such manner as will preventthemfrom spilling, leaking or
dripping upon the streets of the City. No person shall permit refuse
to be scattered upon the streets of the City,
Page,4 - ORDINANCE No. 72-
t
t t.
section 14 _ The collector may, with the prior approval of the City,
subcontract with any person to provide drop-box service
not otherwise provided by the collector in accordance with the
schedule of rates hereinafter set forth.
Section 15: In the event that the collector shall fail, neglect or
refuse to fulfill any or all terms and stipulations of
this franchise to be by him performed, then the City of Tigard shall
have the 'fight to cancel and annul this franchise. Before any such
cancellation, the city Council shall serve on the collector a written
notice setting forth wherein the collector has failed in his duties
And obligations set forth in this Ordinance and fixing a time not
less than ten (10) days after service of said notice when the matter
shall be heard before the City Council. At any such hearing, the
collector shall have the right to be present in person and be
represented by counsel, and the City as well as the collector shall
have the right to present such witnesses and proof as may be pertinent
to the issues. The hearing sT ,,11 be conducted in such manner as the
Mayor and council shall determine and the normal court rules of
evidence shall not apply. The findings of the City council shall be
conclusive of the issues thus cetermined.
Secticx, 16: Notwithstanding the provisions of Section 15, in the
event the City finds that a serious failure or inter-
ruption of service could create a health hazard, or public or
private nuisance. ana has given the collector not less than 48 hours
notice, the city snail have the right to provide emergency service,
or to use and operate the land, facilities and equipment of the
collector through lensing to provide emergency servi,.-e, to all or
to a class or group of custc,m,=rs YU 1. ::. as such serious failure
or interruption 3f service coi.tinues: to atithorire another franchise
holder or other pers ,,% ac, to
Tr:,. C,,t� rro. _ ru ris nabiy within the
intent and purp ze •;: .r , be liable to the
collector or at , uth+r prism __in.i.: tai theory whatsoever
so long as rh. i c y -.:cer _ ,der *h,, .a, I, i r: succi manner and
to su.-:h ex „n is i, •hr )ud,; n,z;,, t,' ce ,uncil shall be
required tr, pC>Le,tt +ne t.ubl h"alth sai;:,y ind welfarf* and to
discharge Lh.e t.i ty• 3hi.4a( . ns to ' - pub:. i,',
in the the •_'ity stall necessarily enga,;e another
collector or franchise holder to per! rin the obligations of the
collector hereunder, the collector she11 not br ,entitled to compensation
beyond the reasonable value of the us,. of the .:ollector's equipment
and facilities.
Section 17: 'Phis fran hese shall not: Cue assit4nable through sale or
otherwise Dy the collector to any third person without
the written consent of the City Coun�,tl being first had and obtained,
and not then until the assignee has filed his arc,,,ptance and agreement
to abide by the terms hereof witt the `ity Re:-order and fulfilled all
obligations to be fulfilled n•;• any cule. ror preparatory to perform
inq the terms and provisions of this rran.�hise Ordinance_.
Section 18: In the event the collec—r shall at any time during
the term of this franchi:,e desirt, to sell his refuse
collection business .ind collection e•.�ii.pment and shall receive a
bona fide written after to purchase the same for a definite sum of
money, the collector shall notify th,• 'ity of the receipt of said
offer to purchase and the City anal: have the first and prior right
topurchase th.t collector's business and equiment for the amaunt
and upon the terms specified in said offer to purchase. The City
shall notify the collector in writing, within 30 'lays of receipt of
said notice from the collector, of its election c.:3 exercise its
first and prior right to purchasrt. if the city tails to give the
collector written notice within said 30-day period, all its right to
purchase the collector's business and equipment .khan terminate and cease.
Page 5 - ORDINANCE. No. 72-
3
eation 19: The collector -hall cover his operations hereunder,
includin alt equipment utilized on any public street
or road, with bodily injury and property damage liability
insurance, witt, limits not less than $100,000,00 per person a,ad $300,
000,00 per accident for bodily injury, and $50,000.00 for property
damage, and said coverage shall name the city as co-insured with
respect thereto and a copy of the complete policy with all endorsents
shall be filed with the City Recorder. In the event of cancellation
of any such insurance by the collector, he and his insurance carrier
shall give written notice thereof to the city.
Section 20t The rate to be charged to all per firms and corpor-
ations by the collector shall be reasonable and uniform,
taking into consideration the services rendared by the collector
and the rates charged in other similar municipnlitiee within Washington,
Multnomah and Clackamas counties, and shall not exceed those set
forth in the attached schedule, marked zxhibit "H" and by this reference
made a part hereoft provided, however, that the collector shall give
no preference to any person, locality or type of waste materials
disposed of, stored, collected or transported.
Nothing herein contained shall be contrued to limit,
modify or preclude the right on the part of the City to amend this
Ordinance to regulate or provide other or different rates or prescribe
additional classifications and charges, provided that rate changes
or ala zifications shall not become effective except thirty (30)
days after enactment and shall be reasonable in consideration of the
service required to be rendered by the collector to the public.
Section 21: The collector shall answer, in writing, all written
complaints of customers within seven (7) days and
shall furnish the City with copies of each such written complaint
and reply thereto. in the event of an unresolved complaint. the City
Administrator shall ha!w the autriarity to negotiate a settlement
thereof by ealli-ag are Informal %eating ::�etweon the customer and
collectors provided, however, t.h.%, not�,;ng 1�orein contained is to be
construed to deprive th« customer or .��iie= r,r of any hearing before
the city Council.
Section "2 The collector eha11 maintain an office within a one-
mile radiuw of the corporate limits of the City of Tigard
and provide telephone service where the collector may be reached
by thepublicin all matters and business related to his service,
and maintain at his cost a listing under the appropriate heading
in the telephone directory serving the City of Tigard.
Secti�o n 21- It is recognized that the corporate boundaries of the
City may be altered by annexation of area to the City.
The city reserves the right.to expand the area described in Exhibit
"A" to come within the purview of this franchise, or to issue a
franchise to any other collector who prior to annexation was engaged
in the refuse collection business within the particular annexed area
pursuant to authority of Washington County.
With respect to area annexed to the City, not previously
having any refuse collection service, the;City Council may in its
discretion provide by franchise or otherwise for such refuse '
collection service as it may deem necessary.
Page t - ORDINANCE No.-72-
Section 241 Any person collecting, hauling, storing, transporting
or disposing of waste materials in violation of the
terms of this ordinance, upon conviction thereof, shall be fined
by a fine of not less than $100, nor more than $500. or by
imprisonment for not more than thirty (30) days or by both such
fine and imprisonment. Every day such violation is committed or
permitted to continue shall consitute a separate offense and
shall be ,punishable as such hereunder.
Section 251 The franchise granted herein shall become effective
upon the adoption of this Ordinance by the city
Council of Tigard and when and after the collector has accepted
n in writing the terms and conditions of this ordinance.
Section 2.6: If any section, subsection, sentence, clause or
phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any Court of competent
jurisdiction, such portions shall be deemed as separate, distinct
and independent provisions and such holding shall not affect the
validity of the remaining portions hereof.
Section 27: Inasmuch as prompt and continuous disposal of wastes
and refuse is necesaail for this peace, health and
safety of the peoples of the City of Tigard and the surrounding
area, an emergency is hereby declared to exist, and this ordinance
shall become effective upon its passage by the Council and approval
by the Mayor.
PASSED: By unanimous vote of all Council members present,
after being read three tines by title and number
only, this -Z.Z,,,_ day of ._ . iia_ 1972.
Recs,rcity of"rigar
APPROVED, By the Mayor, this day of G€�_ 1972.
Nay - City Of Tig rd:
y
Page 7 - ORDINANCE NO. 72-
"1
OF RATO
RCSI AI, RATRS
One stop per week
1 car. . . . . . . . . . . . . . . . . $2.25 per month
2 cans, . . . . . . . . . . . $4.00 per month
Each additional can . . . . . . . . . . . . . . $1.25 per month
APAR 'S
(163rr-rd-u-i"ans)
One stgp jer week
1 can . . . . . . . . . . . . . . . . . . . a em$2.00 per it
910 stone per week
2 can . . . . . . . . . . . . . . . . . . . . . $3.50 per unit
G CM RAPES
stop per week
Ican . . . . . . . . . . . . . . . . . . . . . $2.50 per month
2 cans. . . . . . . . . . . . . . $4.50 per month
Each additional can . . . . . . . . $1.50 per month
Two stops gjr week
1 can . . . . . . . . . . . $5.00 per Wroth
2 cans. . . . . . . _ . . . . . . . . $9.00 per month
Each additional can $3.00 per month
Three stops per week
1 can . . . . . . . $7.50 per month
2 cans. . . . . . . . . $15.50 per month
Each additional car. . . . . . $ 4.50 per mouth
Pour %tODs Der week
1 can . . . . . . . . . . . . . . . . $10.00 per month
2 cans. . . . . . . . . . . . . . . $18.00 per month
Each additional can . . . . . . . . $ 6.00 per month
Five stoasa Rer week
1 can . . . . . . . . . . . . . $12.50 per month
2 cans. . . . . . . . . . . . . . . $22.50 per month
Each additional,can . . . $ 7.50 per month
Six stocss per week
1 can . . . . . . . . . . $15.00 per month
2 cans. . . . . . . . $27.00 per month
Each additional can . . . . . . . . . . $ 9.00 per month
The following minimum extra charges per month are applicable to
residential and commercial rates:
_Bundles 500 each
Boxed refuse or an equivalent amount of
loose refuse 505E each
One flight of stairs 300 additional
Two flights of stairs 60¢ additional
Bales of paper .in excess of 75 lbs. each $3.00 each
Return for pickup of inaccessible can $2.00 each
s
}
ASR OF STOPS PZR WE= & CHARGES M MONTH
one TWO Four File ma
-YA1RD $14.00 64.00 36.00 43.00 56.50 65.00
. Cont. 12.00 2100 29.25 35.50 45.00 57.00
! i6.00 29.66 42.05 50.75 64.75 76.50
. . Cant. 14.00 25.75 36.25 43.75 55.00 64.30
YD. 18.00 32.50 48.50 58.50 73.00 88.00
'1 GO. COM. 16.00 30.00 43.50 52.00 65.00 77.00
24.00 43.50 65.00 78.00 97.50 117.00
. . Cont. 21.00 39.00 52.00 61.00 75.75 91.00
BRF -. 99.25 52.00 77.75 91.00 113.50 136.50
ont. 22.75 45.50 68.25 78.00 96.75 117.00
$��� ARD 39.00 69.50 104.00 119.50 151.50 182.00
Za-,-Add. Cont. 30.50 60.50 91.00 102.50 130-OD 156.00
PIVE-Y -'040 75.50 113.50 130.00 162 z 50 195.00
' s. . Cont. 38.00 65.00 97.50 108.50 135.50 162.50
:i SIB- 45.50 78.00 117.00 130.00 162.50 195:M
Cont. 40.50 78.00Y*' 117.00 130..00 162.50 195.0€
EIC TAgD 52.00 86.50 130.00 138.50 173.50 208.0+0
Pa. ont. 93.50 86.50 130.00 138.50 173.50 208.00
The foregoing rates for container service shall be doable is the
event of the use of stationary compacted containers.
DRM-901 RAS
-; 20 Yard Box - 5 x 8 x 14 feet (one drop only) $27.00 par load
,1 30 Yard Boz'- 6 x 8 x 18 feet $30.00 per low
A demurrage cnarg* of $1.00 per day per 20 Yard Boa am 01.50 per
day per 30 Yerd Box after 48 hours ably be charged except Saturday and
Sunday.
14ISC�ZJ+�HE06iS CliA.�Q1tS
gul Rates
Por load at curb (not to exceed 12 yards) . . . $30.00
Per hour (ain r-aw charge of $15.00 portal to portal)
(s) Truck and one man . . $17.50
b Truck and wo men . . • . $25.00
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