Loading...
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. Page l `- ORDINANCE No.67- 22 k 4 Y 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 Page 2 - ORDINANCE No.67- 22 i 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 �u �M 4, Page 3 -ORDINANCE No.E7- 22 P T r 1A'�•�#'n r"n i • \ 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. 7 tgard Page 4 r ORDINANCE No.67- 22 �i aha a`C� _.� •, • __ '- � m 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 r X r 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 � j l 66 T i 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. , x