Ordinance No. 7,954v
970427 -1
ORDINANCE NO. 7954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING A MEMORANDUM OF RENEWAL AND AMENDMENT
TO THE ANNUAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES
CONTRACT BETWEEN THE CITY OF BAYTOWN AND BROWNING - FERRIS,
INC., FOR THE ANNUAL SOLID WASTE COLLECTION AND DISPOSAL
SERVICES CONTRACT IN THE AMOUNT OF ONE MILLION THREE HUNDRED
SEVENTY -FOUR THOUSAND EIGHT HUNDRED FIFTY -SEVEN AND 28/100
DOLLARS ($1,374,857.28); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown and Browning -Ferns, Inc., did enter in an Annual Solid Waste
Collection and Disposal Services Contract on April 8, 1996; and
WHEREAS, the City Council of the City of Baytown, Texas, wishes to approve the renewal of
and an amendment to such contract; THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
execution of the Memorandum of Renewal and Amendment to the Annual Solid Waste Collection and
Disposal Services Contract between the City of Baytown and Browning - Ferris Industries, Inc., in the
amount of ONE MILLION THREE HUNDRED SEVENTY -FOUR THOUSAND EIGHT HUNDRED
FIFTY -SEVEN AND 28/100 DOLLARS ($1,374,857.28) for a period of one year, commencing on
May 1, 1997. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof
for all intents and purposes.
Section 2: That pursuant to the provisions of Texas Local Government Code Annotated
§252.048, the City Manager is hereby granted general authority to approve any change order involving
a decrease or an increase in costs of FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00)
or less, subject to the provision that the original contract price may not be increased by more than
twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent
of the contractor to such decrease.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 24th day of April, 1997.
C,
PETE C. ALFA O, Mayor
® ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
Q�
ACID RAMIREZ, St.,Oity Attorney
cAcounciRmeetingslapriRbfi.24
970427 -1a
• MEMORANDUM OF RENEWAL AND AMENDMENT
THE
CITY OF BAYTOWN
ANNUAL SOLID WASTE COLLECTION AND DISPOSAL SERVICES
CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
WHEREAS, on the 8" day of April, 1996, the City of Baytown (the "City ") and Browning -
Ferris, Inc., (the "Contractor ") entered into an Annual Solid Waste Collection and Disposal Services
Contract (the "Contract "); and
WHEREAS, Article XIII of the Contract authorizes the City to extend the agreement for four
(4) additional one -year periods if the extension is agreed to in writing and signed by the parties
thereto; and
WHEREAS, the Contract provides that the price of any renewal of the Contract may be
increased based upon the Consumer Price Index of the month prior to the expiration date; and
WHEREAS, based upon such index, Contractor has increased its prices from $5.89 per unit
per month, to $6.01 per unit per month, less any amounts which may be deducted or withheld from
such compensation pursuant to the Contract ; and
WHEREAS, the Contractor and the City wish to increase the scope of services to include the
collection of bulky waste; and
WHEREAS, the increased services will increase the cost $1.00 per unit per month, which
increase is allowable pursuant to Section 252.048 of the Texas Local Government Code; and
WHEREAS, the City of Baytown now desires to renew and amend the Contract with the
Contractor for solid waste collection and disposal services;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
Unless a different meaning clearly appears from the context, words and phrases as used in
® this Memorandum of Renewal and Amendment (the "Memorandum ") shall have the same meanings
as in the Contract.
Memorandum of Renewal and Amendment, Page 1 EXHIBIT A
® II.
Pursuant to Article XIII of the Contract, the Contractor and the City hereby renew the
Contract under the same terms and conditions and as amended herein. This Memorandum shall be
effective commencing on the I" day of May, 1997, and shall remain in force for a period of time not
to extend beyond the 34" day of April, 1998, unless terminated sooner by the City Manager or his
designee.
III.
Article I is hereby amended to read as follows:
Contractor agrees to furnish all the labor, equipment and material for the
collection of residential solid waste and for the disposal of the waste and to do all
work and services in a timely and workmanlike manner necessary to complete
services as required herein. The Contractor shall collect garbage and bulky waste in
full compliance with Chapter 14 of the Code of Ordinances of the City of Baytown,
which is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes. However, the Contractor shall not be required to comply with Section 14-
32 (c) of the same when performing services under this Agreement.
IV.
Article fl is hereby amended to add the following definition:
Bulky Waste: means those items, which include, but are not limited to,
discarded furniture, appliances (refrigerators and air
conditioners must be tagged "free of "freon ") or other such
items. Hazardous materials, including, but not limited to,
whole tires, pesticides, insecticides, oil, paint, and
construction debris are expressly excluded from this
definition.
V.
The third (P) paragraph of Article III is hereby amended to read as follows:
Collection Services: Contractor hereby covenants and agrees to collect
garbage and bulky waste on a regularly scheduled basis, twice a week in the service
area in conformance with all applicable laws and ordinances of the City, including,
® but not limited to, Chapter 14 of the Code. The City reserves the right by and
through its City Manager to add and /or delete the number of units based on the
Memorandum of Renewal and Amendment, Page 2
• billing records of the City, which shall be adjusted on an annual basis for payment
purposes. City facilities dependent on residential route pick -up shall be served on
a no -cost basis.
VI.
The sixth (6`h) paragraph of Article III is hereby amended to read as follows:
Disposal Services: Contractor hereby agrees to dispose of garbage and
bulky waste collected under this Agreement at a facility properly permitted by the
TNRCC for the disposal of household waste.
VII.
The seventh (7'h) paragraph of Article III is hereby amended to read as follows:
Records of Disposal Services: The Contractor shall maintain records
of the amount of garbage, trash, and waste disposed of under the terms of this
Agreement, by weight or volume, as designated by the City Manager. These records
shall be available for audit by the City from 8:00 a.m. to 5:00 p.m., Monday through
Friday. A report of these volumes in a form to be developed by the Contractor and
approved by the City shall be provided to the City promptly upon request and in any
event no later than five (5) days after the City's request for the same.
VIII.
The eighth (8''') paragraph of Article III is hereby amended to read as follows:
Volume Based Rate Adjustment: Utilizing the report of volumes required
herein, the City shall review the volume of garbage and bulky waste disposed of as
an average monthly volume over a six -month period. The first six -month period of
the contract shall determine an average to be used as a base volume. The volume
shall then be reviewed at the end of each six -month period. If the average monthly
volume for a six -month period varies from that of the base volume by ten percent
(10 %) or more, the City reserves the right to amend the Contract per unit cost based
on the pro rata change in volume.
Memorandum of Renewal and Amendment, Page 3
® IX.
Article IV of the Contract is hereby amended to read as follows:
X.
CITY'S OBLIGATION
The City's sole obligation under this Agreement is to pay Contractor $7.01
per unit per month, less any amounts which may be deducted or withheld from such
compensation pursuant to this Agreement. The Contractor shall invoice the City
monthly. Such invoices shall be submitted as of the last day of each month,
accompanied by a report evidencing the work which was performed and shall include
the last full week of each month. Invoices shall be paid by the City within thirty (30)
days of receipt of such invoice.
XI.
The provisions of this Memorandum and the provisions of the Contract should be read
together and construed as one agreement provided that, in the event of any conflict or inconsistency
between the provisions of this Memorandum and the provisions of the Contract, the provisions of
this Memorandum shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same agreement, this the day of April, 1997.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
Memorandum of Renewal and Amendment, Page 4
CITY OF BAYTOWN
PETE C. ALFARO, Mayor
0 CONTRACTOR
BROWNING - FERRIS, INC.
Itj /'
Signature
4w 7 vz�
Printed Name
/1141'e
Title
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared , the
of Browning - Ferris, Inc., known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the
same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of April, 1997.
Notary Public in and for the State of Texas
® c:kIQ3 ublicWorksl RcncwalSolidWasteBulkyWaste .DisposalScry ices
Memorandum of Renewal and Amendment, Page 5
® EXHIBIT "A"
•
Chapter 14
GARBAGE, TRASH AND BRUSH
ARTICLE I. IN GENERAL
Sec. 14 -1. Definitions.
As used in this chapter, the following terms shall have the meanings herein ascribed to them:
(a) Garbage: By the term "garbage" is meant kitchen and household waste including food
containers, but not including sewage or dead animals.
(b) Trash: By the term "trash" is meant leaves, lawn trimmings, paper, boxes and rubbish,
but not building materials.
(c) Brush: By the term "brush" is meant limbs and other cuttings from branches of trees and
shrubs.
(d) Approved residential waste container: By the phrase "approved residential waste
container" is meant:
(1) A metal can with a tight - fitting lid not less than ten ( 10) gallons nor more than thirty
(30) gallons in size, that is leakproof, having no jagged or sharp edges and not too bulky to allow
safe garbage collection; or
(2) Plastic or paper bags having a minimum thickness of one and five - tenths (1.5) mil
and a capacity of not less than ten (10) nor more than thirty (30) gallons. Such bags shall have a
wet strength of at least fifty (50) pounds.
(Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 3951, § 1, 9- 27 -84; Ord. No. 3998, § 1, 11 -8 -84; Ord.
No. 4484, § 1, 6- 26 -86)
Sec. 14 -2. Compliance with provisions required.
(a) All residential garbage, trash and brush shall be disposed of by the person in charge of the
premises by the methods hereinafter set forth. It shall be unlawful to dispose of residential
garbage, trash or brush in any other manner. A person commits an offense if lie places or throws
any garbage, trash or brush on the streets or in the alleys of the city at any time. It is specifically
provided that no person shall throw or place any garbage, trash or brush in any gutter or other
drainage facility within the city. It shall be unlawful for any person to pick from or disturb any
Exhibit "A ", Page I
garbage, trash, brush, or special item set out for collection without permission of the person in
charge of the premises.
(b) The fire chief, the police chief, as well as directors of public works, health, engineering
and inspections, and planning and community development or their respective designees are
authorized to enforce the provisions of this chapter and to make all necessary inspections, issue
citations, give notice, file applicable charges and otherwise cooperate in the enforcement
hereunder.
(Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 7717, § 1, 6- 13 -96)
Sec. 14 -3. Commercial refuse.
(a) The city shall not collect garbage, trash, brush or special items from commercial
establishments other than certain small businesses that contract with the city for collection
pursuant to Article VI. Apartment complexes or mobile home parks exceeding eight (8) units
shall be considered commercial establishments.
(b) The city shall not collect brush or special items resulting from tree cutting by a
commercial business. Commercial business shall mean any person engaged in the occupation or
work of cutting trees on a full or part -time basis and who actively solicits such business by
advertising or other means.
(c) The collection and disposal of commercial garbage, trash, brush, and special items shall be
carried out in a safe, sanitary, and timely manner.
(d) It shall be an offense for any person to put out or cause to be set out for collection any
brush or special items resulting from tree cutting by a commercial business.
(Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 2869, § 1, 4- 10 -80; Ord. No. 5221, § 1, 3 -9 -89)
ARTICLE II. RESIDENTIAL DISPOSAL
Sec, 14 -4. Disposal of garbage.
All garbage shall be disposed of only in approved residential waste containers. Metal cans
shall be watertight of solid or durable grade of metal, of not more than thirty - gallon capacity,
with useable handles on both sides. All cans shall have a close - fitting lid. Paper or plastic bags
shall not have more than a thirty - gallon capacity and shall be closed by cord, wire or rubber
band, in such manner as to prevent leakage of the contents.
(Ord. No. 4484, § 2, 6- 26 -86)
Sec. 14 -5. Disposal of trash.
Trash may be disposed of in containers or tied bundles. Bundles shall not exceed three (3) feet
in any dimension. All trash, including paper, shall be so protected that it cannot be readily
scattered about.
(Ord. No. 2019, § 2, 6- 10 -76)
Sec. 14 -6. Disposal of brush.
Brush may be disposed of in containers or tied bundles. Bundles shall not exceed five (5) feet
in length and three (3) feet in any other dimension. Brush may also be neatly stacked.
(Ord. No. 2019, § 2, 6- 10 -76)
Sec. 14 -7. Weight of garbage, trash and brush.
All materials shall have a maximum weight of sixty (60) pounds per container, bundle or
item, and shall be capable of being handled by one man, with the exception of those items
specified hereafter.
(Ord. No. 2019, § 2, 6- 10 -76)
Sec. 14 -8. Disposal of special items.
No building materials will be removed by the city regardless of their nature or origin.
Furniture, household appliances, and large tree trunks may be disposed of by requesting special
pickup service from the municipal service center.
(Ord. No. 2019, § 2, 6- 10 -76)
ARTICLE III. RESIDENTIAL COLLECTION
Sec. 14 -9. Place of collection.
All garbage, trash, brush or special items shall be placed within the street right -of -way or
alleys designated by city council for collection. No collection will be made at any other location.
Special items shall be placed clear of all power lines and overhead trees.
(Ord. No. 2019, § 2, 6- 10 -76)
Sec. 14 -10. Time of collection.
Garbage, trash or brush will be placed within the street right -of -way by 7:30 a.m. on the day
of collection. All containers shall be removed from the street right -of -way on the date of
collection.
(Ord. No. 4484, § 3, 6- 26 -86)
Sec. 14 -11. Collection of garbage.
The collection of garbage shall be made on a regularly scheduled basis twice weekly. On
official city holidays, the regular collection will be deferred until the next scheduled day of
collection.
(Ord. No. 2019, § 2, 6- 10 -76)
Sec. 14 -12. Collection of trash.
The collection of trash shall be made at the same time as the collection of garbage on a
regularly scheduled basis twice weekly. On official city holidays, the regular collection will be
deferred until the next scheduled day of collection.
(Ord. No. 2019, § 2, 6- 10 -76)
Sec. 14 -13. Collection of brush.
The collection of brush that is disposed in containers or tied bundles shall be made on a
regularly scheduled basis twice weekly. On official city holidays, the regular collection will be
deferred until the next scheduled day of collection. Brush that is stacked or exceeds the
limitations set forth in section 14 -5 will be picked up on a regularly scheduled basis once each
four (4) weeks.
(Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 4296, § 1, 10- 24 -85; Ord. No. 4549 , § 1, 9- 25 -86; Ord.
No. 6527, § 1, 1- 28 -93)
Sec. 14 -14. Collection of special items.
Collection of special items as described in section 14 -7 shall be made by requesting special
pickup service from the municipal service center. All special pickup service shall be made within
one week of the service request.
(Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 4484, § 4, 6- 26 -86)
Sec. 14 -15. Confiscation of improper containers.
® Any container which allows the contents to leak or fall out or which has jagged or sharp edges
which might cause injury or any garbage container without a tight - fitting cover is hereby
declared to be a public nuisance and shall be picked up and destroyed by the sanitation division.
(Ord. No. 4484, § 5, 6- 26 -86)
ARTICLE IV. FINANCIAL ADMINISTRATION
Sec. 14 -16. Charge for collection.
(a) Each occupied residential unit within the city limits shall be charged the sum of twelve
dollars and fifty -six cents ($12.56), plus applicable sales tax, per month for city refuse collection
services. This charge is based on the availability of city removal and disposal services, and shall
be collected regardless of whether or not the occupant of a residential unit places any refuse out
for collection.
(b) When the owner of an unoccupied residential unit certifies in writing to the utility
collections office that the unit is unoccupied, the monthly charge from that time forward shall not
be assessed for as long the unit remains unoccupied.
(c) When the head of the household of a residential unit certifies in writing to the utility
collections office that he /she is over sixty -five ( 65) years of age and that he /she will place no
more than one (1) thirty - gallon can or one (1) thirty - gallon plastic bag of refuse at his /her
residential unit for collection on each regularly scheduled collection day, the monthly charge will
be the sum of nine dollars and eighty cents ($9.80) plus applicable sales tax.
(d) In the case of multifamily dwelling unit projects containing eight (8) occupied dwelling
units or less, the monthly charge for collection of refuse shall be the sum of twelve dollars and
fifty -six cents ($12.56), plus applicable sales tax, times the number of occupied units in the
project.
(e) Multifamily units which exceed eight (8) occupied dwelling units will be considered a
commercial multifamily unit and no city collection will be provided.
(Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 2081, §§ 1, 2, 9- 23 -76; Ord. No. 2739, § 1, 9- 27 -79; Ord.
No. 2975, § 1, 9- 25 -80; Ord. No. 3230, § 1, 9 -24- 81; Ord. No. 3462, § 1, 9- 24 -82; Ord. No.
3714, § 1, 11- 10 -83; Ord. No. 4270, § 1, 9- 26 -85; Ord. No. 5100, § 1, 9- 22 -88; Ord. No. 5349, §
1, 9 -14- 89; Ord. No. 5471, § 1, 2- 22 -90; Ord. No. 6009, § 1, 9- 26 -91; Ord. No. 6350, § 1, 9 -24-
92; Ord. No. 6527, § 2, 1- 28 -93; Ord. No. 6776, § 1, 9 -23- 93; Ord. No. 7393, § 1, 9- 14 -95)
Sec. 14 -17. Billing and payment.
® The monthly charge for refuse pickup shall be added to the monthly bills prepared by the city,
and collection of this charge shall be made by the utility collection office at the time of payment
of the monthly utility bill. Employees or agents of the city shall not accept payment of the utility
bill without collecting the full amount of the bill including the charge for refuse collection.
(Ord. No. 2019, § 2, 6- 10 -76)
Sec. 14 -18. Penalty and discontinuance of service.
If the refuse service charge is not paid by the due date shown on the customer's utility bill, the
customer shall be charged a penalty in the amount of ten (10) per cent of the refuse charge,
which shall be shown as the gross amount on such bill. If not paid by the next billing date, the
gross amount will be shown in arrears on the customer's utility bill for the next month. If the total
amount of the next month's refuse service charges, including arrears and current refuse service, is
not paid by the due date specified on that month's utility bill, then ten (10) per cent of that
month's refuse service charges plus penalties will then be in arrears. A notice will then be sent to
the customer showing the total amount due and specifying a cut -off date for the discontinuance
of refuse service.
(Ord. No. 2019, § 2, 6- 10 -76)
Sec. 14 -19. Reserved.
ARTICLE V. COMMERCIAL WASTE DISPOSAL
Sec. 14 -20. Definitions.
(a) In this article:
Approved commercial waste container means a building, vehicle or container used to store or
transport commercial waste except brush; which is totally enclosed; is of adequate strength and
design to prevent leakage of leachates and spillage of other waste during storage, transport and
emptying or loading; and which is regularly replaced or cleaned to prevent offensive odor and
harborage, feeding and propagation of vectors.
Brush means the cuttings or trimmings from trees, shrubs or lawns and similar materials.
Building waste means waste generated by construction or demolition of buildings or other
structures.
Commercial waste means any putrescible or nonputrescible, combustible or noncombustible
® discarded or used materials including solid, liquid, semisolid, or contained gaseous material such
as garbage, trash, brush, leachate, building waste and junk, generated by industrial or
® manufacturing processes, food preparation or service, agricultural operations, oil and gas
recovery, institutional, governmental or religious activities, retail or wholesale stores or shops,
apartment complexes, condominium projects or mobile home parks exceeding eight (8) units,
tree or lawn services, fishing operations and other commercial activities.
Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of any
commercial waste into or on any land, water or container.
Garbage means putrescible animal and vegetable waste generated by the acquisition,
handling, preparation, cooking, service or consumption of food.
Junk means discarded or used appliances, machinery, vehicles, plumbing, gas and electrical
fixtures, wires, pipes, metals and other similar materials and things when found in quantity.
Leachate means liquid that has passed through or emerged from putrescible waste or contains
soluble, suspended or miscible materials from other commercial waste.
Maintain means to passively permit to remain or actively refuse to remove,
Notice means actual notice or notice in writing, sent by registered or certified mail with return
receipt request and addressed to the owner or the registered agent of the owner of property at the
location of the property, the address shown for the owner by the tax records of the City of
Baytown, or the address of the registered agent reflected by the records of the Texas Secretary of
State. Notice given in writing in accordance with this article is presumed to have been received
no later than five (5) days after it was sent.
Public sewer system means all gutters, drains, pipes, lift stations, canals, equipment and
plants of both storm and sanitary sewer systems.
Putrescible waste means wastes which are capable of being decomposed by microorganisms
with sufficient rapidity as to cause nuisances from odors or gases, and capable of providing food
for or attracting birds or vectors, and includes garbage, human and animal wastes and leachate.
Trash means nonputrescible solid waste consisting of both combustible and noncombustible
materials including paper, rags, carton, wood, excelsior, furniture, rubber, plastics, glass,
crockery, cans, metal furniture and similar materials.
Vector means rodents, flies and mosquitoes.
Waste means both commercial and residential waste.
(b) The definition of a term in this article applies to each grammatical variation of the term.
(Ord. No. 3728, § 1, 12- 14 -83)
C
Sec. 14 -21. Collection of commercial waste, generally.
® The city shall not collect commercial waste other than from certain small businesses that
contract with the city for collection pursuant to Article VI. The collection and disposal of
commercial waste shall be carried out in a safe, sanitary and timely manner. Nothing in this
article shall apply to any state approved sanitary landfill or other waste disposal regulated by
other law.
(Ord. No. 3728, § 1, 12- 14 -83; Ord. No. 5221, § 2, 3 -9 -89)
Sec. 14 -22. Illegal maintenance of commercial waste.
(a) A person commits an offense if he intentionally or knowingly transports or maintains
commercial waste, except within an approved commercial waste container.
(b) For purposes of this article, intent and knowledge are presumed if notice is given in
accordance with this article.
(c) An offense under this section is a misdemeanor and punishable by a fine not to exceed one
thousand dollars ($1,000.00).
(Ord. No. 3728, § 1, 12- 14 -83)
Sec. 14 -23. Illegal disposal of commercial waste.
(a) A person commits an offense if he intentionally or knowingly disposes of commercial
waste into any public system.
(b) It is a defense to prosecution if garbage is disposed of into a sanitary sewer system and it
has been shredded in a garbage disposal or grinder to less than one - fourth (1/4) inch and all
particles carried freely under the flow conditions prevailing in such sanitary sewer system.
(c) An offense under this section is a misdemeanor and punishable by a fine not to exceed one
thousand dollars ($1,000.00).
(Ord. No. 3728, § 1, 12- 14 -83)
Sec. 14 -24. Illegal placement of commercial waste containers.
(a) A person commits an offense if he intentionally or knowingly places a commercial waste
container upon public right -of -way or maintains such container upon public right -of -way after
notice.
•
(b) An offense under this section is a misdemeanor and punishable by a fine not to exceed one
® thousand dollars (51,000.00).
(Ord. No. 3728, C 1, 12- 14 -83)
Sec. 14 -25. Failure to care for commercial waste container.
(a) The owner of a commercial waste container commits an offense if he intentionally or
knowingly fails or refuses to empty, clean or disinfect a commercial waste container after notice.
(b) An offense under this section is a misdemeanor and punishable by a fine not to exceed one
thousand dollars ($1,000.00).
(Ord. No. 3728, 5 1, 12- 14 -83)
Sec. 14 -26. Illegally maintaining health and fire hazards.
(a) A person commits an offense if he intentionally or knowingly maintains waste in such
manner that it tends to constitute a health or fire hazard.
(b) It is presumed that waste tends to constitute a health hazard if:
(1) It is a breeding place for or infested with vectors.
(2) Putrescible waste is present which is not totally enclosed within an approved waste
container.
(c) It is presumed that waste tends to constitute a fire hazard if:
(1) Combustible waste is maintained in close proximity to a heat or flame source.
(2) Material subject to spontaneous combustion is maintained outside an airtight container.
(d) An offense under this section is a misdemeanor and punishable by a fine not to exceed one
thousand dollars ($1,000.00).
(Ord. No. 3728, § 1, 12- 14 -83)
Sec. 14 -27. Removal of waste containers from public right -of -way.
Any waste container found upon public right -of -way after notice may be removed or caused
to be removed at the owner's expense.
(Ord. No. 3728, 5 1, 12- 14 -83)
0
Sec. 14 -28. Reserved.
® Editor's note -- Section 2 of Ordinance No. 7717, adopted June 13, 1996, repealed § 14 -28 in
its entirety. Formerly, § 14 -28 pertained to administration and enforcement of commercial waste
disposal and derived from § 1 of Ord. No. 3728, adopted Dec. 14, 1983.
ARTICLE VI. SMALL BUSINESS REFUSE
Sec. 14 -29. Contract with small businesses for garbage collection.
The city department of public works shall have the right to contract with certain small local
businesses and professional offices for garbage service. The contract shall specify the maximum
quantity of bags to be disposed of weekly and the rate to be charged. The charges shall be
twenty- five dollars and fifty cents ($25.50) per month for up to five (5) bags per week and each
additional bag per week shall be charged at two dollars ($ 2.00) per month. The director of
public works shall contract only with those who wish the service and are located near existing
residential customers.
(Ord. No. 5221, § 3, 3 -9 -89; Ord. No. 6837, § 1, 10- 14 -93; Ord. No. 7431, § 1, 9- 28 -95)
Sec. 14 -30. Small business garbage collection shall be same as residential.
Those small businesses who choose to contract with the city for garbage service shall be
subject to sections 14 -4 through 14 -15 inclusive the same as residential customers except that
only paper or plastic bags shall be permitted of small businesses.
(Ord. No. 5221, § 3, 3 -9 -89)
Sec. 14 -31. Approved small business waste container.
Only plastic and paper bags as described in section 14- 1(d)(2) shall be approved for use by
small businesses contracting with the city for garbage collection.
(Ord. No. 5221, § 3, 3 -9 -89)
ARTICLE VII. ANNUAL PERMIT FEE FOR COLLECTION VEHICLES
Sec. 14 -32. Collection of garbage, trash and /or rubbish by private persons, firms or corporations.
(a) (1) Each private person, firm or corporation collecting garbage, trash and/or rubbish
within the city shall apply to the city clerk for a waste collection permit.
(2) Each private person, firm or corporation collecting garbage must submit the following
information on its waste collection permit application:
a. The name and address of the owner and the name of his company.
b. Make, model and type of vehicle or vehicles to be operated by the applicant.
c. Whether the vehicle or vehicles shall be operated by the owner or his employee with
bona fide employer - employee relationship.
d. Whether the applicant proposes to own, rent or lease the vehicle or vehicles to be
used.
e. Proof of insurance coverage of no less than twenty thousand dollars ($20,000.00) for
bodily injury to or death of one person in any one accident and, subject to said limit for one
person in the amount of forty thousand dollars ($40,000.00) for bodily injury to or death to two (
2) or more persons in any one accident, and in the amount of fifteen thousand dollars
($15,000.00) for injury to or destruction of property of others in any one accident.
"Insurance coverage" means an insurance policy or policies and /or a certificate, or
certificates of insurance covering all vehicles of the insured, insured by a company or companies
qualified to do business in the State of Texas and performable in Harris County, Texas.
All insurance policies or certificates of insurance must show the year, make and
model, state license number and motor number of all vehicles which have been authorized or
may be authorized to operate by the City of Baytown. All such insurance policies and /or
certificates of insurance must contain a provision, or an endorsement, requiring that the city clerk
shall be given at least ten ( 10) days' written notice prior to the date of cancellation before such
policy may be cancelled by the insurer, for any cause.
(b) Each private person, firm or corporation collecting garbage, trash and/or rubbish within
the city limits shall display the permit on the front windshield of each vehicle.
(c) (1) An annual permit fee of twenty dollars ($20.00) per vehicle shall be required of all
private persons, firms or corporations collecting garbage, trash and /or rubbish within the city
limits.
(2) There is hereby levied a monthly tax equal to ten (10) percent of the total gross receipts
of all persons, firms or corporations collecting garbage, trash and /or rubbish within the city
limits.
(3) Each private person, firm or corporation collecting garbage, trash and /or rubbish within
the city limits and using the city streets therefor shall file a monthly report with the city finance
director showing the total amount of its gross receipts collected from its customers for such
services during each month and shall file said report and pay the aforesaid ten (10) percent on or
before the tenth day of the succeeding month.
(4) Upon reasonable notice, each such person, firm or corporation shall make its books and
records available to the city finance director to enable him to determine the correctness of any
report of its gross receipts filed with the city as required by this article.
(5) If any person, firm or corporation shall fail or refuse to file a monthly report showing its
gross receipts, then its permit shall be automatically revoked and terminated; unless for good
cause the city council shall extend such time.
(Ord. No. 6008, § 1, 9- 26 -91; Ord. No. 7694, § 1, 5 -9 -96)
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