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HomeMy WebLinkAbout1309 OrdinanceU ORDINANCE NO. 1309 AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 1138, PASCO CITY CODE 7-7.24 RELATING TO THE TERMS OF THE CITY'S GARBAGE LICENSE. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Section 5 of Ordinance No. 1138 and Pasco City Code 7-7.24 are hereby amended to read as follows: "Section S. Garbage License Terms WHEREAS, it has become necessary for the city of Pasco, Washington, to arrange for the disposal of garbage collected with said city, and WHEREAS, it is necessary that provisions be made for the care, maintenance and operation of the garbage disposal at the garbage dump of the city, at which there shall be maintained a sanitary fill approved by the City Council, and WHEREAS, BASIN DISPOSAL, INC., doing business as Pasco Garbage Service has, at its own expense obtained, con- structed and maintained a garbage dump available for the city, and has secured the necessary personnel and equipment for the proper operation of a garbage disposal system within the city for a period from the date hereof to the first Tuesday in April, 1970, upon the terms and conditions hereinafter set forth, except persons residing in said city may haul for disposal, in their own vehicles, ashes, garbage and other inflammable material, including brush and small trees from premises owned or occupied by themselves as a single family residence. The city of Pasco, Washington does hereby grant to Basin Disposal, Inc., doing business as Pasco Garbage Service, hereinafter called the licensee, a license and exclusive right to collect garbage in the city for that period of time commenc- ing on the date'of this license and terminating upon the first Tuesday of April, 1970, upon the following further terms and conditions: (1) The term "garbage" whenever used in this license shall be construed according to the definition hereinbefore set forth and that the provisions of this license relating to such definition shall remain in full force and effect during the entire term of this license. (2) Licensee hereby agrees to maintain and operate a garbage dump site of not less than one hundred acres, at his own expense, together with maintaining reasonable access road- ways to it, and further furnishing all labor and equipment necessary therefor. As reasonably necessary equipment for the maintenance of the dump site it is understood that the licensee must have and maintain a front end loader tractor equivalent to a 977 Traxcavator which shall have not less than sixteen tons - 1 - f r U ORDINANCE NO. 1309 AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 1138, PASCO CITY CODE 7-7.24 RELATING TO THE TERMS OF THE CITY'S GARBAGE LICENSE. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Section 5 of Ordinance No. 1138 and Pasco City Code 7-7.24 are hereby amended to read as follows: "Section S. Garbage License Terms WHEREAS, it has become necessary for the city of Pasco, Washington, to arrange for the disposal of garbage collected with said city, and WHEREAS, it is necessary that provisions be made for the care, maintenance and operation of the garbage disposal at the garbage dump of the city, at which there shall be maintained a sanitary fill approved by the City Council, and WHEREAS, BASIN DISPOSAL, INC., doing business as Pasco Garbage Service has, at its own expense obtained, con- structed and maintained a garbage dump available for the city, and has secured the necessary personnel and equipment for the proper operation of a garbage disposal system within the city for a period from the date hereof to the first Tuesday in April, 1970, upon the terms and conditions hereinafter set forth, except persons residing in said city may haul for disposal, in their own vehicles, ashes, garbage and other inflammable material, including brush and small trees from premises owned or occupied by themselves as a single family residence. The city of Pasco, Washington does hereby grant to Basin Disposal, Inc., doing business as Pasco Garbage Service, hereinafter called the licensee, a license and exclusive right to collect garbage in the city for that period of time commenc- ing on the date'of this license and terminating upon the first Tuesday of April, 1970, upon the following further terms and conditions: (1) The term "garbage" whenever used in this license shall be construed according to the definition hereinbefore set forth and that the provisions of this license relating to such definition shall remain in full force and effect during the entire term of this license. (2) Licensee hereby agrees to maintain and operate a garbage dump site of not less than one hundred acres, at his own expense, together with maintaining reasonable access road- ways to it, and further furnishing all labor and equipment necessary therefor. As reasonably necessary equipment for the maintenance of the dump site it is understood that the licensee must have and maintain a front end loader tractor equivalent to a 977 Traxcavator which shall have not less than sixteen tons - 1 - of compaction; further, that he must maintain a dragline reason- ably adequate for the purpose of digging and filling the sanitary fill trenches to be maintained at the dump site; a man will be maintained on duty at such dump site at all hours that the dump is open to the public; which shall be from eight a.m. to five p.m. Mondays through Saturdays; such dump site being closed on all holidays observed by city employees. (3) That as reasonably adequate pickup equipment the licensee must maintain not less than a minimum of four closed -type trucks with a rear load packer, having a minimum loading cycle of fifteen seconds; that such trucks will be radio equipped for faster service and coverage of the city; will be manned by not less than two men when the same are in service; and further will maintain a minimum of twelve trash receptacles in the downtown portion of the city; providing the necessary pickup service to such receptacles. (4) Employees in collecting garbage will be required to follow the regular walks for pedestrians while on private property. No trespassing by employees will be permitted, nor crossing property to neighbors premises, nor meddling with property which does not concern them. Extra care must be taken in loading and transport- ing so that none of the material collected is left either on private property or on the streets or alleys. Collections of garbage shall be made as follows: Daily except Sunday unless deemed necessary by the health department. Provisions must be made by the licensee to take care of emergency complaints when garbage has not been coll- ected upon the regular scheduled trip, and to take care of all other special or emergency calls. Collections must be made as quietly as possible, especially in the early morning hours. (5) The licensee shall furnish vehicles especially: designed for the collection and hauling of garbage and waste products. The licensee must keep the vehicles furnished clean, sanitary, neatly painted and in good running order. At intervals deemed necessary by the health officer, the licensee shall steam clean and disinfect all such vehicles entirely at the licensee's cost and expense. Said equipment shall be subject to inspection by the city at all reasonable times. Vehicles shall be painted a uniform color and number- ed consecutively from one upward and shall have the licensee's name, and the number of the vehicle painted in letters of a contrasting color at least four inches high on each side of the vehicle and the number painted on the rear end. No advertising will be permitted other than the name of the licensee. (6) All%employees operating vehicles or collecting garbage shall at all times be courteous and shall not use loud or profane language, nor be loud or boisterous. (7) All salvage or junk of any kind or nature encount- ered in the garbage being collected shall become the property of the licensee. - 2 - (8) The licensee will be required to maintain during regular Pasco business hours an office provided with telephone and such attendants as may be necessary to take care of all complaints or orders for special service. (9) Collection, removal, and disposal of garbage from the fire station, police station, city library, watershop and city owned buildings used strictly for governmental pur- poses, and city parks within the city limits, will be collected free, provided the same is placed in cans conveniently located for collection. (10) All garbage and refuse collected by the city from any of its streets or other public places not included in the provisions of Paragraph 9 above, shall be delivered by the city to the city dump and will be there processed by the licensee without expense to the city, (11) All garbage capable of being burned shall be burned at the city dump with reasonable promptness after collection thereof. Any garbage diverted for feed shall be handled in a sanitary manner. (12) That the dump site to be maintained by the licensee herein at his own expense shall be of a sanitary fill type, provided that the privilege of burning refuse, prior to backfilling is accorded to the licensee. (13) The rates to be charged by the licensee and paid by persons served in the collection of garbage shall be as foll- ows: for the weekly collecting, removing and disposing of garbage there shall be a monthly charge of one and one-half dollars for each thirty gallon can ofgarbage and fifty cents per month charge for each additional can. In addition thereto, the licensee will be entitled to a fifty cent charge for carry- out service where the patron using the garbage service does not keep or maintain their garbage can or receptable adjacent to the street or alley over which the service is provided and where the same must be carried from within the yard to the vehicle collect- ing the same. This charge to be based on a weekly collection and to be increased in direct proportion to the number of collections per week and it shall be unlawful for any person to deposit garbage in any but his own garbage receptable. The foregoing rates for residential service only, and the licensee shall be permitted to establish a reasonable schedule of charges for commercial accounts �� based upon the type and quantity of service desired subject to the approval of the City Council. 5oe r13 $ The licensee shall be entitled to make a reasonable charge for the use of the dump site by persons other than resid- ential subscribers to the service provided by it. Charges for use of the dump site by such persons will be as follows: L4 One dollar per cubic yard, with a f minimum charge of fifty cents Small animals $ 1.00 Large 5,00 Ph animals Car body 5.00( All persons who h are residential subscribers to the 64," licensee's regular service will be granted the privilege of using the dump .site for the disposing of garbage as defined in Subsect- ion (1) hereof, without additional charge for the use of such dump - 3 - site, on presentation of paid up receipt. (14) Accounts for garbage and refuse service shall be due on the first day of the month and shall become delinquent if not paid on or before the tenth day of the month following that during which the service is rendered. For convenience and economy to himself and his customers the licensee may bill customers in the residential district quarterly, however, the licensee may not consider a customer delinquent except as defined in this paragraph. The licensee shall not be obliged to render service to anyone who refuses to pay the scheduled rate or who is delinquent in the pay- ment of bills for service until such bills have been fully paid. The removal of garbage at any time from any locality may be order- ed by the City Council or by -the health officer where it is decided that such removal is necessary for the prompt protection and pre- servation of public health and sanitation. In all of such cases, the licensee shall have the right to charge and collect from the customer, the person who caused the deposit of garbage to accumu- late,' a sum equal to three times the amount usually charged under the license. (15) This license is personal to the licensee and is not capable of assignment by said licensee by assignment, operation of law, or otherwise. (16) The licensee shall at all times comply with the laws of the State of Washington pertaining to industrial insurance. (17) The licensee shall indemnify and hold harmless the city from any and all liability whatsoever by injury to or death of persons, or loss of or damage to property, caused by or arising out of activities or non -feasance in connection with the perform- ance of this license, whether such activities be those of the licensee or any of his contractors, officers, employees or agents: of the licensee or any of his contractors. The licensee will also appear and defend any action or suit instituted against the city arising in any manner out,of said license. (18) This license will immediately become effective and be in force upon the licensee's filing with the city clerk a per formance bond in the sum of five thousand dollars to be kept in force throughout the term of this license, with the licensee as principal and such person or persons as may be satisfactory to the mayor and city council as sureties, together with policies of liab- ility insurance as set forth in Paragraph one of this chapter. (19) It is agreed that any failure of, or delay in the performance of the license necessitated or caused by act or order of any military or civilian defense authority, or act or war, shall not constitute a default. (20) In the event the licensee shall at any time during the term of this license fail to remove the garbage from the city, in accordance with the terms hereof, or shall fall to maintain and care for the garbage dump site in a manner in keeping with the practices then obtaining for such work, or in the event the same shall become unsanitary (which determination shall be made by the health officer) the city may give the licensee thirty days' notice in writing of any matters wherein it is claimed he is in default; and in the event the licensee fails to correct the matters therein mentioned within said thirty day period, this license shall be terminated and ended, but only after the City Council has considered the question of termination by public hearing, and after which the Council's decision in such matter shall be final. - 4 - (21) As a further condition of this license, the licen- see shall pay to the city an annual fee of nine thousand dollars during the term hereof, payable monthly at the rate of seven hundred fifty dollars per month, monthly in advance during the term of this license. (22) That any provision of this contract may be open for negotiation by either party hereto upon giving the other party not less than sixty days' notice of the intention to neg- otiate egotiate in a clear, explicit statement of the matters sought to be amended. (23) The city manager and the city clerk are author- ized,and directed, to execute such license in the name of the city of Pasco; and further, that the contract previously entered into between the city of Pasco and John Dietrich relating to these same matters be cancelled as of the effective date of this license. (24) This license may be renewed for successive two year periods, by ordinance, at the termination of any then pre- vailing license period hereunder. .(25) It is mutually understood and agreed between the parties that the city may terminate this license at any time during its term and upon sixty days' written notice to the lic- ensee if it desires to call for bids for the disposal of garbage. It is further mutually understood and agreed that the city and the licensee shall renegotiate the terms of this license in the event the City Council should determine it to be in the best interest of the city to require compulsory garbage collection and for eliminate trash burning. The city manager and the city clerk are hereby authorized and directed to execute in the name of the city the above exclu- sive license for the period ending with the first Tuesday in April, 1970, and upon the terms and conditions thereof; that before the license shall take effect, the licensee shall file with the city clerk and keep in full force and effect during the term of the license a bond approved as to form by the city attorney and as to surety by the mayor and the councilmen of the city, in the penal sum of five thousand dollars with the licensee as principal; conditioned that he will faithfully perform the lic- ense and pay all laborers, mechanics and materialmen and all perons who shall supply said licensee with provisions, equipment and supplies for the carrying on of the work, the licensee shall indemnify and hold harmless the city from any and all liability whatsoever from injury to or death of persons, or loss of or dam- age to property, caused by or arising out of activities or non- feasance in connection with the performance of this license, whether such activities by those of the licensee or any of his officers, employees, or agents of the licensee or any of his contractors. The licensee will also appear and defend any action or suit instituted against the city arising in any manner out of said license. The licensee shall maintain insurance in at least the following amounts: public liability for bodily injury $100,000/ $300,000; public liability for property damage, $50,000; automobile public liability for bodily injury, $100,000/$300,000; and auto- mobile public liability for property damage, $50,000; for the purposes of providing protection as set forth above. Certificates of such insurance shall be filed with the city and the city shall - 5 - be given ten days advance notice by mail of changes in or can- cellation of any such insurance. (I Section 2. This Ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council and APPROVED as provided by law this 19 day of March, 1968. ATT ST: George,0P. Eastman, City Clerk G. E. CAR ER, MAYO Approved as to form: D. WA E CAMPBELL, City Attorney 6 -