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Home My WebLink About2037 OrdinanceORDINANCE NO. 2037 AN ORDINANCE relating to solid waste disposal by amending Pasco Municipal Code Section 6.04.060 (Ordinance No. 1537, 96-A, 1972) and Section 6.04.310 (Ordinance No. 2015, 52, 1978). THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. That Section 6.04.060 of the Pasco Municipal Code (Ordinance No. 1537, §6-A, 1972) be and the same is hereby amended to read as follows: P.M.C. 6.04.060 COLLECTION CONTRACTS - COMPULSORY SERVICE. It is unlawful for any person, other than the city or its contractor, if any, to engage in the business of collecting, removing, transporting, or disposing of solid waste in the city, unless specifically provided for in this chapter. All property owners, occupants of premises, and persons responsible for the control of premises that have solid..waste for disposal must pay for the solid waste disposal service provided for in this chapter. A violation of this section shall be a violation of this chapter. Section 2. That Section 6.04.310 of the Pasco Municipal Code (Ordinance No. 2015, S2, 1978) be and the same is hereby amended to read as follows: P.M.C. 6.04.310 BILLING PROCEDURE. A) The charges for solid waste collection and disposal shall be compulsory and universal and shall be billed by either the finance department or the city's contractor. Such charges may be included with the billing for water and sewer utility service if the city does the billing. The charges shall be paid to the city or its contractor depending upon who does the billing by the person responsible for the water and sewer utility billings. In the event the solid waste disposal customer does not receive city water or sewer service, the owner of the property to be served is responsible for the charges. Charges shall be paid not later than the date payment is due after billing and after services received, and, if not so paid, the charges shall be deemed delinquent. B) In the event of delinquent, charges for solid waste collection and disposal shall become a lien against the property. If an account is delinquent for two months or more, the customer may be charged after written notice thereof, interest at the rate of twelve percent (12%) per year from the date of delinquency or fifty cents ($.50), whichever is greater. The customer is also responsible for any costs of collection, including attorneys fees. Billings for commercial accounts shall be mailed to the tenant in possession unless special instructions to the contrary are received from the owner. Billings for a residence or a multi -family residence may be charged to the tenant in possession of the premises provided prior written authorization has been given by the property owner and any required deposit has been made. The person receiving the billing is also responsible for the charges. -2- C) If the city's contractor does the billing, he may terminate service to a customer under the following circumstances: 1. In order to invoke the right to refuse to collect solid waste, the contractor must provide to the city in writing, stating on oath, the name and location on the delinquent account, the amount of the delinquency, that the amount is delinquent by two months or more, that the customer has been sent one bill and two reminders, that the contractor has received no word from the customer as to special payment problems the customer may be having, that a fourth notice of non-payment giving notice of termination has been ignored by the customer. The fourth notice of non-payment shall be printed in both Spanish and English. Upon providing the above, the contractor shall have the authority to terminate service to the customer. The contractor shall notify the city of such terminations. The contractor shall have the above authority after it has made a one time notification to all of its current customers of its change in collection policy per the attached informational letter, a copy of which is attached hereto, marked Exhibit "A", and by this reference incorporated herein. This lettter must be mailed at least one month prior to implimentation of the policy change. 2. The contractor may also invoke the right to refuse to collect solid waste upon allying to the city in writing, stating on oath, the name and location of the delinquent account, the amount of the delinquency, that the account is delinquent by two months or more, that the customer has been sent one bill and two remainders, that the customer has been sent a fourth notice of non-payment and termination, that the application also contains a summary of any responses received from the customer, and the city, after reviewing the merits of the application and making a determination that the contractor has made a good faith effort to collect, and that the account remains delinquent by two months or more, grants the contractor written permissions to termination service to the customer. 3:. Provided the customer has been given prior written notice, the customer may be charged interest at the rate of twelve (120) percent per year from the date of delinquency or a fifty cents'($.50) whichever is greater. The customer may also be charged all the costs of collecting the delinquent amount, including reasonable attorneys fees. The contractor may collect.any amounts_owed in the manner provided by law, including the enforcement of a lien upon the property on the account. D) Failure to pay charges for solid waste disposal services shall constitute a violation of this chapter and shall be punishable as such. Section 3. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council of the City of Pasco this 20 day of February 1979. �- t A T: Chet Bailie, Mayor n W lls, City Clerk A ROVED A TO RM: UJMAAIS 1. Dennis J. Dle~Fe ice, City Attorney EXHIBIT "A" BASIN DISPOSAL,INC. P. 0. BOX 650 * 420 E. AINSWORTH PASCO, WASHINGTON 99301 TELEPHONE 547.2476 AREA CODE 509 Dear Customer: As you know the current inflation rate is driving the cost of all goods and services higher and higher every day. Because of this inflationary pressure and its effect on the money market (interest rates of 12'Y2% to 13%2% for short term notes), we have decided to make a change in our current credit policy. As of February 28, 1979,.all accounts that are past due (60 days and over) will be subject to cancellation seven days from the date of a written termination of service notice. We at Basin Disposal value your business and want to remain "in tune" with our customers needs and desires. If you have questions or special problems I should know about, let me know prior to cancellation of service. Very truly yours, Michael V. Siemion I j.. 4 y. I MI ^.. r.-._y.,,..+. -u..-�.....+. n 1 •.r •.-.- .. ... 1.. ... .'_'s'^5.r�__ :. • .n_ tt.�..-, .'. _, .. �j EXHIBIT "A" BASIN DISPOSAL, INC. P. 0. BOX 650 * 420 E: AINSWORTH PASCO, WASHINGTON 99301 TELEPHONE 547-2476 AREA CODE 509 Dear Customer: As you know the current inflation rate is driving the cost of all goods and services higher and higher every day. Because of this inflationary pressure and its effect on the money market (interest rates of 12V2% to 13'/2;lo for short term notes), we have decided to make a change in our current credit policy. As of February 28, 1979, all accounts that are past due (60 days and over) will be subject to cancellation seven days from the date of a written termination of service notice. We at Basin Disposal value your business and want to remain "in tune" with our customers needs and desires. If you have questions or special problems I should know about, let me know prior to cancellation of service. Very truly yours, Michael V. Siemion 0 EXHIBIT "A" BASIN DISPOSAL, INC. P. O. BOX 650 * 420 E, AINSWORTH PASCO, WASHINGTON '99301 TELEPHONE 547-2476 AREA CODE 509 Dear Customer: As you know the current inflation rate is driving the cost of all goods and services higher and higher every day. Because of this inflationary pressure and its effect on the money market (interest rates of 12'/l;o to 13'/l;lo for short term notes), we have decided to make a change in our current credit policy. As of February 28, 1979, all accounts that are past due (60 days and over) will be subject to cancellation seven days from the date of a written termination of service notice. We at Basin Disposal value your, business and want to remain "in tune" with our customers needs and desires. If you have questions or special problems I should know about, let me know prior to cancellation of service. Very truly yours, Michael V. Siemion 0 AMENDMENT TO CONTRACT • This Agreement made and entered into this 20 day of "February 19.79, by and between the City of Pasco, a municipal corporation of the State of Washington, hereinafter referred to as the "City"; and Basin Disposal, Inc., doing business.as Pasco Garbage Service, hereinafter referred to as the "Contractor"; is an amendment to an Agreement entered into between the parties on the 18th day of December, 1978. f The Agreement entered into between the parties was for the purpose of,'_, , establishing a contractual relationship with the Contractor for the " collection of garbage within the City of Pasco. The amendment to the Agreement shall be to Section 7 contained on page six of the Agreement. Section 7 shall be amended to read as follows: "7..BILLING AND COLLECTION. The Contractor shall perform all customer billings and shall collect all payments for services rendered hereunder; provided, however, that the Contractor shall have the right to refuse, as qualified hereinbelow, to collect solid waste from a customer who is delinquent by two months or more in his account. An account is delinquent by failing to pay the amount due for services received by the date stated in a billing received. In order to invoke.. the right to refuse to collect solid -waste, the Contractor must provide to the City in writing, stating on oath, the name and location of the delinquent account, the amount of the delinquency, that the account is delinquent by two months or more, that the customer has been sent one bill and two reminders, that the Contractor has received no word from the customer as to special payment problems the customer may be having," ' that a fourth notice of non-payment giving notice of termination has been ;, ignored by the customer. The fourth notice of non-payment shall be, printed in both Spanish and English. Upon providing the above, the Contractor shall have the authority to terminate service to. the customer. The Contractor shall notify the City of such terminations. The Contractor shall have the above authority after it has made a one time notification.- to otification.to all of its current customers of its change in collection policy per the attached information letter, a copy of which is attached hereto, marked Exhibit "A", and by this reference incorporated herein. This letter must be mailed at least one month prior to implimentation of the policy change. The Contractor may also invoke the right to refuse to collect, solid waste upon applying to the City in writing, stating on oath, the name and location of the delinquent account, the amount of the delinquency, that the account is delinquent by two months or more, that the customer has been sent one bill and two reminders, that the customer, has been sent a fourth notice of non-payment and termination, that the application v -2 - also contains a summary of any responses received from the customer, .and the City, after reviewing the merits of the application and making adetermination that the Contractor has made a good faith effort to,;`., collect, and that the account remains delinquent by two monthsror more, . 'grants the Contractor written permission to terminate service to the customer. Provided the customer has been given prior written notice, the customer may be charged interest at the rate of twelve (12%) percent per year from the date of delinquency or.. a fifty cents ($.50) , , whichever,:,,.. is greater. The customer may also be charged all the costs of collecting r . the delinquent account, including reasonable attorneys fees. The Contractor may collect any amounts owed in the manner provided by law, including the enforcement of a lien upon the property of the account. a IN WITNESS WHEREOF, the parties hereto have executed this Agreement"on the day and year first above written. BASIN DISPOSAL, INC., d/b/a PASCO GARBAGE S,ERVI E By: ,�ZL ohn Dietrich, President APPROVED AS TO FO Dennis J. De`Felice, City Attorney STATE OF WASHINGTON) :ss. County of Franklin ) CITY OF PASCO r By: Chet Bailie, Mayor AT elyn Wells, City Clerk On this day personally appeared before me John Dietrich, President of Basin Disposal, Inc., and to me known to be the authorized representative for the above-named Contractor and who executed the within and foregoing instrument, and acknowledged the'. said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the o;? -0 day of 1979. Noa is in and for t:. e te. of Washington, residing at -3- STATE OF WASHINGTON) .ss. County of.Franklin.) On this day personally appeared before me Chet Bailie and, ,t Evelyn Wells, Mayor and City Clerk of the City of Pasco, respectively, and to me known to be the authorized representatives for the above- named City and who executed the within and foregoing instrument,_ and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. f to ss my hand and official seal hereto affixed this a2 day of 1979. Notary Pu}al iii aifd for the - Ctatip - of Washington, residin g ��