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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 i *¢' s '�''�" {.4� �:4� � � � r# ttr: ,, :.i \\ 1 1/ .� �'� � � � � _ -- � �' .� � _ rF ��:-_� __ -- - ; - �`; .� s � ` f r _ ._�\ ' «• � � i �` � .. � t A_ � ` �, b - �i�_ ,� s 1 � � � � %� � � f � � �� E i �& '__ !`_ate ._=t-w.. , �. C O d� ' - ti ,,g, '�. 's ,i '`. y�r, sz � � �� ti v it � ' ',TwCi4k. _.: .w�a.tbXfr $ —!s F .€i�