Ordinance No. 66-01 CITY OF TIC ARD, OREGON
ORDINANCE NO.
AN ORDINANCE REGULATING THE COLLECTION AND DISPOSAL OF
GARBAGE AND REFUSE, GRANTING AN EXCLUSIVE FRANCHISE THEREFOR,
DEFINING THE TERMS THEREOF, FIXING CHARGES, PROVIDING PENALTIES
FOR VIOLATION, REPEALING ORDINANCE No. 62-11, AND DECLARING AN
EMERGENCY. __
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 col-
lect, haul, carry or dispose of gar4age or refuse within the City
of Tigard except as by this ordinance, or amendments hereto herein-
after enacted, set forth.
Section 2: That there is hereby granted to .wtHerbert Frank, herein-
after termed the collector, the exclusive right, fran-
chise and privilege of collecting and hauling over the streets and
ways within the present corporate limits of the City of Tigard,
garbage and refuse, which shall be interpreted to include all snrts
of'waste, animal and vegetable matter, rubbish, trash, debris,
ashes, tin cans and other waste matter generally, together with
articles ordinarily and customarily discarded from business and
domestic establishments, for the purpose of preserving the public
health and ma
j��intaining a reasonable degree of public cleanliness
throughout the City..
This franchise shall be effective on January 1Q,1966
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.
Section 3: That in consideration of the franchise hereby granted,
the collector shall pay to the City of Tigard on the
first day of each calendar month beginning with the month of Janu-
ary, 1966, a sum equal to three cents (.030) per capita per month
for the total population of the City of Tigard as of January 1,1966.
At periodic intervals, the official population of the
City of Tigard shall be determined according to official census, or
a special enumeration shall be conducted by the City of Tigard or,
in its behalf, by State or Federal enumerators, and the total monthly
sura to he paid by the collector shall be computed at the rate of
three cents (.030) per capita per month for any increased population
effectiveon the first day of the calendar month following the date
notice of such increase in population is given by the City to the
collector.
In the event that there shall be annexed to the City of
Tigard, or otherwise included within the boundaries thereof, addi-
tional area Por which garbage collection service was previously pro-
vided by other than the collector, the City shall issue additional
Page 1 - Ordinance No. 66 - 1
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franchise to such other collector, or shall otherwise arrange by
negotiation or competitive bids for garbage collection service to
such area.
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 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 ordi-
nance.
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 shall make collections of garbage through-
out the business area of the City as required by this
Ordinance, and at least weekly collections in all residential dis-
tricts of the City. Collections of offensive or wet garbage in the
business district sha11 be completed by 1:00 p.m. of the day set for
collecting the same. No collections shall be made on Sundays or
legal holidays, or at any hour when the collection would disturb the
peau or sleep of 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, lr�cluding garbage
from any premises operated by the City for municipal purposes, free
of charge, within two days after being notified of the availability
of such material for removal, and shall otherwise upon request furnish
regular garbage removal service to the City's municipal premises on
the same basis as available topr±Nmte individuals, without cost to
the City.
Section 8: In addition to the requirements set forth in Section 6,
the collector shall collect offensive or wet garbage in
the business district by 1:00 p.m. on each day set for collecting the
same. Between the hours of 5:00 and 8:00 p.m. on all days which pre-
cede legal holidays, the Collector shall collect the garbage from all
butcher shops and other establishments having garbage which may be-
come foul or offensive by being kept over the ensuing holiday. In
addition to the foregoing, 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 satisfaction of t,ae City and shall comply with all sanitary
regulations of the City and of the State of Oregon.
Section 9: Nothing in this ordinance is to be construed to prevent
f 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
Page 2 ordinance No. 66, 1
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 shallseatter 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
forth on Schedule "A" hereto attached and by this reference made a
part hereof.
Nothing herein contained shall be construed tv limit,
modify or nweclude the right on the part of the City to amend this
ordinance to regul6te or provide other or different rates or prescribe
additional classifications and charges, provided that rate changes
or classifications 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 11: Should the collector fail, neglect 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
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 in this ordinance and the matter will be heard before the
Council. At any such hearing, the collector shall have the right to
be 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
practicable, follow the procedure in a trial of matters before equity
courts of Oregon. The finding of the Council thereon shall be con-
clusive.
Section 12: This franchise shall not be assignable by the collector
to any third person without the written consent of the
Council being first had and obtained and not then until the assignee
has filed his acceptance and agreement to abide by the terms hereof
with the City Recorder.
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 fide
written offer to purchase said plant and equipment for a definite sum
of money, the collector shall notify the City of the receipt of said
offer to purchase and the City shall have, for a period of ten (10)
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 of2er to purchase.
Section 14: The collector shall cover his operations hereunder, in-
cluding all equipment utilized on any public street or
way, with bodily injury and property damage liability insurance,
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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 endorse-
ments 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 firs of not more than $100.00, or by imprisonment for not more
than 50 days, or by both such fine and imprisonment.
Section 16: That Ordinance 62-11, enacted on the 21st day of May,
1962, be, and the same is hereby, repealed, effectice
with the effective date of this ordinance.
Section 17: Where as 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 January 1% 1966, 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 title only
this lotiday of January , 1966----
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Reco der - City of Tigard
.APPROVED: By the Mayor, this 11th day of January , 196 ,
Mayor - City ofgarb—d
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SCHEDULE "A"
Maximum rates prescribed by the City of Tigard for garbage collection
and disposal services, pursuant to Ordinance No. 66- passed by the
City Council on January 10, 1966.
The rates to be charged to all persons, firms or corporations
by the collector shall be reasonable and uniform, taking into con-
sideration the service rendered, and shall be in substantial compli-
ance with, and not in excess of, the following:
RESIDENTIAL RATES
Straight har.Uing charges for refuse for standard cans not to exceed
32-gallon capacity:
ONE STOP PER WEEK 1 can ---------------$1.75 per month
2 cans --------------- 3.00 per month
each additional can -- .25 per can, or
1.00 per month
TWO STOPS PER MONTH 1 CAN ---------------- 1.50 per month
2 cans --------------- 2.50 per month
each additional can -- .25 per can
COMMERCIAL RATES
Standard cans not exceeding 32-gallon capacity:
ONE STOP PER WEEK 1 can --- ------------$2,00 per. month
2 cans --------------- 3.50 per month
each additional can -- 1.00 per month
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' TWO STOPS PER WEEK_ l can 4.00 per.month .
2 cans --------------- 7.00 per month
each additional can -- 2.00 per month
THREE STOPS PER WEEK _ 1 can -------------- 6.00 per month
2 cans ---------------10.50 per month
each additional can -- 3.00 per month
FOUR STOPS PER WEEK _^ 1 can ---------- 8.00 per month
2 cans ---------------14.00 per nionth
each additional can -- 4.00 per month
FIVE STOPS PER WEEK 1 can --------------- 1.0.00 per month'
2 cans -------------- 16.50 per month
each additional can - 5.00 per month
SIX STOPS PER WEEK 1 can --------------- 12,00 per month
2 cans -------------- 21.00 per month
each additional can - 6.00 per month
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CHARGES FOR CONTAINER SERVICE
The collector shall retain ownership of the containers and make the
following charges to the consumer. The charges shall be for the full
capacity of each container furnished.
NUMBER OF STOPS PER WEEK & CHARGES PER MONTH
One Two Three Four Five Six
ONE-YARD CONTAINERS
One 1-yd. Cont. 12.50 2:.00 30.50 39.00 4,'.50 56.00
Two 1-yd. Cont. 179J 23.50 39.00 56.50 ,-5 72.00 »:;87.50 •103.00
Ea. Add. Cont. 11.00 18.00 25.00 32.00 39.00 46.00
ONE AND ONZAF-YARD CONTAINERS
One 1-1/2-yd.Cont. 14:50 25.00 36.50 47.00 57.00 68.00
Two'1-1/2-yd.Cont.;o 24.50 41.00 .'%•59 -50 76.00 92.50 ;,109.00
Each Add. Cont. ev 12.00 ;. 20.00 28.00 36.00 44.00 52.00
TWO-YARD CONTAINERS
One 2-.1d. Cant. 20.50 36.00 52.50 68.00 83.50 99.00
Two 2-yd. Cent. 1 39.50 69.00 i'po.50 x;,130.00 159.50 9, 189.00
Each Add. Cont. 19.00 3'33•oo 48.00 62.00 ' 76.00 90.00
THREE-YARD CONTAINERS
Line a_„a Coat.vub. 20.50 51.00 '(4.5U 97-00
119.50 142.00
Two 3-yd. Cont. 55.50 ,1 99.00 X144.50 yj,188.00 }w 231.50 ,;,275.00
Each Add. Cont._ 27.00 48.00 ��'70.00 91,00 112.00 133.00
FIVE-YARD CONTAINERS
One 5-yd. Cont. 43.50 80.00 117.50 154.00 190.50 227.00
Two 5-yd. Cont. 1,Y 85.50 157.001,-.,230.50 ;8302.00 '��373.50tgZ445.00
Each Add. Cont. 42.00 ('77.00 ' 113.00 148.00 183.00 213.00
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CHARGES FOR TRUCK BOD! TYPE CONTAINERS
12 yards ------------ $17.40 per load
15 Yards - 21.00 per load
20 yards ------------ 27.00 per load
There shall be a demurrage charge on all Truck
Type Contaiaters for each container of $1.00
every 24 hours excluding Saturday and Sunday
after being at a location more than 48 hours.
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Pgge 6 ORDINANCE No. 66 -
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SANITARY SERVICE
P.O. Boa 6301 Tigard 23, Oregon Phone ME 9-4955
January 10, 1966
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Tigard City Council
City of Tigard
12420 S. W. Main Street
Tigard, Oregon 97223
ry SUBJECT: Garbage and Refuse Franchise
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u�22G1l�i5en:
In cowplian.ce with Ordinance No. 66 - , , City of Tigard,
Oregon, I hereby accept the terms of said franchise in it's k
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entirety.
Very truly yours,
Herbert Frank, Owner
FRANK'S SAN ITARK SERVICE '
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'Let Sanitation Be Your Guide To Getter Health"
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