Ordinance No. 8,90720000511 -9
ORDINANCE NO. 8907
AN ORDINANCE ACCEPTING THE BID OF WASTE MANAGEMENT OF
TEXAS FOR THE ANNUAL RESIDENTIAL GARBAGE AND HEAVY TRASH
COLLECTION AND DISPOSAL CONTRACT AND AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN, THE SUM OF ONE MILLION FIVE HUNDRED
SEVENTY THOUSAND ONE HUNDRED FORTY AND NO /100 DOLLARS
($1,570,140.00); AUTHORIZING CHANGE ORDER NO. 1 TO SAID
CONTRACT; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown did authorize the Purchasing
Department for the City of Baytown to advertise for bids for the annual residential garbage and
heavy trash collection and disposal contract to be received May 4, 2000; and
WHEREAS, notice to bidders as to the time and place, when and where the contract would
be let was published pursuant to the provisions of Chapter 252 of the Texas Local Government
Code; and
WHEREAS, all bids were opened and publicly read at City Hall at 2:00 p.m., Thursday, May
4, 2000, as per published notice to bidders; NOW 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 hereby accepts the bid of Waste
Management of Texas for the annual residential garbage and heavy trash collection and disposal
contract for the sum of ONE MILLION FIVE HUNDRED SEVENTY THOUSAND ONE
HUNDRED FORTY AND NO/ 100 DOLLARS ($1,570,140.00) and authorizes payment thereof
Section 2: That the City Council of the City of Baytown does hereby authorize Change
Order No. 1 with Waste Management of Texas to the residential solid waste collection and disposal
services contract. A copy of said change order is attached hereto, marked Exhibit "A" and made a
part hereof for all intents and purposes.
Section 3: 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 TWENTY -FIVE THOUSAND AND NO /100
DOLLARS ($25,000.00) 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 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
20000511 -9a
® INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 11th day of May, 2000.
PETE C. ALFARO, Ma or
ATTEST:
_
GAO,Y W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIRE ., City Attorney
c:\MyDocuments \Council \99 -00\ May\AnnualResidentialGarbage &HeavyTrashContract
2
® CHANGE ORDER NO. 1
TO THE
RESIDENTIAL SOLID WASTE COLLECTION
AND
DISPOSAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Change Order No. 1 ( "Change Order ") to that certain Residential Solid Waste Collection
and Disposal Services Contract ( "Contract ") between the City of Baytown, a municipal
corporation located in Harris and Chambers Counties, Texas, hereinafter known as the "City,"
and Waste. Management of Texas, hereinafter known. as the "Contractor," authorized by City
Council on the 11 `h day of May, 2000, is made by and between the same parties on the date
hereinafter last specified.
I
Unless a different meaning clearly appears from the context, words and phrases as used
in this Amendment shall have the same meanings as in the Contract.
II.
Article I "Scope" of the Contract is hereby amended to include the following:
I.
SCOPE
Contractor agrees to furnish all the labor, equipment and material for the
collection of residential solid waste, including, "garbage" and "heavy trash" as
such terms are defined in the Contract and for the disposal of such 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 "heavy
trash" as defined in the Contract in full compliance with Chapter 86 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, and which hereinafter may be
amended. However, the Contractor shall not be required to comply with Sections
86 -196 or 86 -228 of the same when performing services under this Agreement
and the residential customers receiving services by or through the Contract do not
have to comply with Section 86 -36. Additionally, Section 86 -70 shall impose no
limitation as to the number of collections per week of yard waste.
® As such, the parties expressly agree that in addition to the services required under the Contract,
the Contractor shall provide services necessary for the collection and disposal of yard waste in
accordance with this Change Order, the Contract and the applicable ordinances, unless otherwise
excepted in this Article II.
1 ®IT A
Change Order No. 1, Page l
III.
Article IV "City's Obligation" of the Contract is hereby amended to include the
following:
IV.
CITY'S OBLIGATION
The City's sole obligation under this Agreement is to pay Contractor $7.93 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.
It is expressly agreed by the parties hereto that the $7.93 fee per unit per month includes the
collection of residential solid waste, including, "garbage" and "heavy trash" as such terms are
defined in the Contract and for the disposal of such waste and to do all work and services in a
timely and workmanlike manner necessary to complete services as required in this Change
Order, the Contract and Chapter 86 of the Code of Ordinances, Baytown, Texas, unless
otherwise specifically excepted.
IV.
The provisions of this Change Order and the provisions of the Contract and the
Ordinance incorporated herein should be read together and construed as one agreement provided
that, in the event of any conflict or inconsistency between the provisions of this Change Order,
the Contract and /or the ordinance, the order of priority of such provision(s)shall be as follows:
1. this Change Order,
2. the Contract, and
3. the Ordinance.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same amendment, this day of May, 2000.
CONTRACTOR:
WASTE MANAGEMENT OF TEXAS
(Signature)
0 (Printed Name)
(Title)
Chan,e Order No. 1, Page 2
C]
CITY OF BAYTOWN:
MONTE MERCER, City Manager
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, the undersigned notary public, on this day
personally appeared in his/her capacity as
of on behalf of such
company,
known to me;
proved to me on the oath of ; or
proved to me through his/her current
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(✓ one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he /she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of 2000
Notary Public in and for the State of Texas
c: kIh250\ PubIieWorks\ SolidWasl e& DisposalAgreemcnt\ Cha ngeOrdcr2Residenti alSolidWastcAgrcemcnt
Change Order No. 1, Page 3
*Charter references) - - Garbage disposal, § 11; creation of health department, § 22.
Cross references) - - Buildings and building regulations, ch. 18; sanitation standards for leased
multifamily dwellings, § 18 -749; space, occupancy, structural, mechanical and fire protection
requirements for urban rehabilitation, § 126 -141 et seq.; environment, ch. 34; health and
sanitation, ch. 42; garbage and refuse in food establishments, § 42 -140; manufactured homes,
mobile homes and parks, ch. 58; refuse handling in mobile home parks, § 58 -148; litter in parks,
§ 70 -10; utilities, ch. 98.
State law reference(s)- -Solid waste disposal, V.T.C.A., Health.and Safety Code § 361.011 et
seq.
ARTICLE[. IN GENERAL
Sec. 86 -1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Approved residential waste container means that container described in section 86 -32.
Brush means limbs and other cuttings from branches of trees and shrubs.
Garbage means kitchen and household waste including food containers, but not
including sewage or dead animals.
Heavy trash means furniture, equipment, shipping boxes and other bulky items, but not
building materials.
Yard waste means leaves, lawn trimmings and other loose plant material.
(Code 1967, § 14 -1; 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)
Cross references) - - Definitions generally, § 1 -2.
Secs. 86- 2-- 86 -30. Reserved.
ARTICLE II. RESIDENTIAL SOLID WASTE
DIVISION 1. GENERALLY
Sec. 86 -31. Compliance required.
(a) All residential garbage, heavy trash, yard waste and brush shall be disposed of by the
person in charge of the premises by the methods set forth in this article. It shall be
unlawful to dispose of garbage, heavy trash, yard waste or brush in anyother manner. A
® person commits an offense if he places or throws any garbage, heavy trash, yard waste
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, heavy trash, yard waste 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 garbage, heavy trash, yard waste, brush or special items set out for
collection without permission of the person in charge of the premises.
(b) The fire chief, the police chief, as well as the directors of public works, health,
engineering and inspections and planning and community development are authorized to
enforce this chapter and to make all necessary inspections, issue citations, give notice,
file applicable charges and otherwise cooperate in the enforcement under this chapter.
(c) Solid waste services described in this article are provided in return for payment as
outlined in division 3 of this article.
(Code 1967, § 14 -2; Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 7717, § 1, 6- 13 -96; Ord. No. 8289, §
1,5-28-98)
Sec. 86-32. Containers.
Unless expressly prescribed otherwise, in this chapter, a container for garbage shall
consist of the following:
(1) A garbage can made of metal, plastic or other synthetic material with a tightfitting
lid that is not less than ten gallons or more than 30 gallons in size, that is
leakproof and having no jagged or sharp edges and that is not too bulky to allow
safe garbage collection; or
(2) Plastic bags having a minimum thickness of 1.5 mil and a capacity of not less
than ten or more than 30 gallons.
(Code 1967, § 14 -1(d); 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. 86 -33. Disposal of garbage.
All garbage shall be disposed of only in approved residential waste containers. Metal
cans shall be watertight of a solid or durable grade of metal, of not more than 30- gallon capacity,
with useable handles on both sides. All cans shall have a closefitting lid. Plastic bags shall not
have more than a 30- gallon capacity and shall be closed by cord, wire or rubber band, in such
manner as to prevent leakage of the contents.
(Code 1967, § 14 -4; Ord. No. 4484, § 2, 6- 26 -86)
Sec. 86 -34. Disposal of heavy trash.
Heavy trash may be disposed of by placing it alongside approved residential waste
containers.
(Code 1967, § 14 -5; Ord, No. 2019, § 2, 6- 10 -76)
Sec. 86 -35. Disposal of brush.
Brush may be disposed of in approved residential waste containers or neatly stacked
near the roadway. No other material may be placed with brush.
(Code 1967, § 14 -6; Ord. No. 2019, § 2, 6- 10 -76)
Sec. 86 -36. Disposal of yard waste.
0 Yard waste may only be disposed of in approved paper bags.
0 Sec. 86 -37. Weight of garbage.
All garbage shall have a maximum weight of 60 pounds per container.
(Code 1967, § 14 -7; Ord. No. 2019, § 2, 6- 10 -76)
Sec. 86 -38. Penalty for violation of article.
Violators of this article shall be punished, upon conviction, as provided in section 1 -14.
Secs. 86- 39-- 86 -65. Reserved.
DIVISION 2. COLLECTION
Set. 86-66. Placement.
All garbage, heavy trash, yard waste or brush shall be placed on the property of the
producer of such garbage, heavy trash, yard waste or brush within the street right -of -way or
alleys designated by the city council for collection. No collection will be made at any other
location.
(Code 1967, § 14 -9; Ord. No. 2019, § 2, 6- 10 -76)
Sec. 86-67. Time.
Garbage, heavy trash, yard waste or brush will set out for collection 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.
(Code 1967, § 14 -10; Ord. No. 4484, § 3, 6- 26 -86)
Sec. 86-68. 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.
(Code 1967, § 14 -11; Ord. No. 2019, § 2, 6- 10 -76)
Sec. 86 -69. Heavy trash.
The collection of heavy trash shall be made at the same time as the collection of garbage
as prescribed in section 86 -68.
(Code 1967, § 14 -12; Ord. No. 2019, § 2, 6- 10 -76)
Sec. 86 -70. Yard waste.
The collection of yard waste shall be made one time per week on a regularly scheduled
basis.
(Ord. No. 8289, § 2, 5- 28 -98)
Sec. 86-71. Brush.
(a) The collection of brush shall be made one time per month on a scheduled basis.
® (b) Brush collected by the city shall not exceed ten cubic yards of clean material per
residential unit each month. Material in excess of this limit shall be the responsibility of
the resident for proper hauling and disposal.
(Code 1967, § 14 -13; 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; Ord. No. 8289, § 3, 5- 28 -98)
Sec. 86 -72. Confiscation of improper containers.
Any container which allows the contents to leak or fall out or which has jagged or sharp
edges that might cause injury or any garbage container without a tightfitting cover is declared to
be a public nuisance and shall be picked up and destroyed by the public works department.
(Code 1967, § 14 -15; Ord. No. 4484, § 5, 6- 26 -86)
Secs. 86- 73 - -86 -100. Reserved.
DIVISION 3. FEES AND CHARGES AND BILLING PROCEDURE
Sec. 86 -101. Charge for collection.
(a) Each occupied residential unit within the city limits shall be charged the sum of $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 is over 65 years of age and that he will place no more than one
30- gallon can or one 30- gallon plastic bag of refuse at his residential unit for collection
on each regularly scheduled collection day, the monthly charge will be $9.80 plus
applicable sales tax.
(d) For multifamily dwelling unit projects containing eight dwelling units or less, the monthly
charge for collection of refuse shall be $12.56, plus applicable sales tax, times the
number of occupied units in the project.
(e) A multifamily unit that exceeds eight dwelling units will be considered a commercial
multifamily unit, and no city collection will be provided.
(Code 1967, § 14 -16; 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. 86 -102. Billing and payment.
The monthly charge for refuse pickup shall be added to the monthly utility 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. City employees or agents shall not accept payment of the
® utility bill without collecting the full amount of the bill, including the charge for refuse collection.
I* (Code 1967, § 14 -17; Ord. No. 2019, § 2, 6- 10 -76)
Sec. 86 -103. 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 percent 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, ten percent of that month's refuse
service charges plus penalties will then be in arrears. A notice will be sent to the customer
showing the total amount due and specifying a cutoff date for the discontinuance of refuse
service.
(Code 1967, § 14 -18; Ord. No. 2019, § 2, 6- 10 -76)
Secs. 86-104--86-130. Reserved.
ARTICLE 111. COMMERCIAL SOLID WASTE
DIVISION 1. GENERALLY
Sec. 86 -131. Definitions.
The following words, terms and phrases, when used in this article, shall have the.
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Approved commercial waste container means a building, vehicle or container used to
store or transport commercial waste, except brush, which is totally enclosed; which 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 manufactured home or recreational
vehicle parks exceeding eight 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
that 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 requested 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, or the address of the registered agent reflected by the records of the secretary of state.
Notice given in writing in accordance with this article is presumed to have been received no later
than five 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 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.
Small business means a commercial facility or multifamily residential property having
eight or fewer offices or dwelling units whose refuse is residential in nature.
Trash means nonputrescible solid waste consisting of both combustible and
noncombustible materials including paper, rags, cartons, 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.
(Code 1967, § 14 -20; Ord. No. 3728, § 1, 12- 14 -83; Ord. No. 8151, § 6, 12- 16 -97)
Cross reference(s)-- Definitions generally, § 1 -2.
Sec. 86 -132. Refuse.
(a) The city shall not collect garbage, trash or brush from commercial establishments other
than certain small businesses that contract with the city for collection pursuant to division
2 of this article. Apartment complexes, recreational vehicle parks or manufactured home
parks exceeding eight units shall be considered commercial establishments.
(b) The city shall not collect brush resulting from tree cutting by a commercial business.
Commercial business as used in this subsection 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 and brush 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..
(Code 1967, § 14 -3; Ord. No. 2019, § 2, 6- 10 -76; Ord. No. 2869, § 1, 4- 10 -80; Ord. No. 5221, §
1, 3 -9 -89; Ord. No. 8151, § 5, 12- 16 -97)
Sec. 86 -133. Collection of waste generally.
The city shall not collect commercial waste other than from certain small businesses that
contract with the city for collection pursuant to division 2 of this article. The collection and
disposal of commercial waste shall be carried out in a safe, sanitary and timely manner. Nothing
® in this division shall apply to any state - approved sanitary landfill or other waste disposal
regulated by other law.
® (Code 1967, § 14 -21; Ord. No. 3728, § 1, 12- 14 -83; Ord. No. 5221, § 2, 3 -9 -89)
Sec. 86 -134. Unlawful maintenance of 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 division, intent and knowledge are presumed if notice is given in
accordance with this division.
(c) An offense under this section is punishable by a fine as provided in section 1 -14.
(Code 1967, § 14 -22; Ord. No. 3728, § 1, 12- 14 -83)
Sec. 86 -135. Unlawful disposal of 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 inch and all
particles carried freely under the flow conditions prevailing in such sanitary sewer
system.
(c) An offense under this section is punishable by a fine as provided in section 1 -14.
(Code 1967, § 14 -23; Ord. No. 3728, § 1, 12- 14 -83)
Sec. 86 -136. Unlawful placement of containers.
(a) A person commits an offense if he intentionally or knowingly places a commercial waste
container upon a public right -of -way or maintains such container upon a public
right -of -way after notice.
(b) An offense under this section is punishable by a fine as provided in section 1 -14.
(Code 1967, § 14 -24; Ord. No. 3728, § 1, 12- 14 -83)
Sec. 86 -137. Failure to care for 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 punishable by a fine as provided in section 1 -14.
(Code 1967, § 14 -25; Ord. No. 3728, § 1, 12- 14 -83)
Sec. 86 -138. 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 punishable by a fine as provided in section 1 -14.
(Code 1967, § 14 -26; Ord. No. 3728, § 1, 12- 14 -83)
Cross reference(s)- -Fire prevention and protection, ch. 38.
Sec. 86 -139. Removal of waste containers from public right -of -way.
Under this article, any waste container found upon a public right -of -way after notice may
be removed or caused to be removed at the owner's expense.
(Code 1967, § 14 -27; Ord. No. 3728, § 1, 12- 14 -83)
Secs. 86-140--86-165. Reserved.
DIVISION 2. SMALL BUSINESS WASTE COLLECTION SERVICE
Sec. 86 -166. Contract 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 $25.50 per month for up to five bags per week, and for each additional bag per week
the charge shall be $2.00 per month. The director of public works shall contract only with those
who wish the service and who are located near existing residential customers.
(Code 1967, § 14 -29; Ord. No. 5221, § 3, 3 -9 -89; Ord. No. 6837, § 1, 10- 14 -93; Ord. No. 7431,
§ 1, 9- 28 -95)
Sec. 86 -167. Applicability to residential collection.
Those small businesses who choose to contract with the city for garbage service shall be
subject to article II of this chapter the same as residential customers, except as otherwise
provided in this division.
(Code 1967, § 14 -30; Ord. No. 5221, § 3, 3 -9 -89)
Sec. 86 -168. Approved containers.
Only plastic bags as described in subsection 86 -32(2) shall be approved for use by small
businesses contracting with the city for garbage collection.
(Code 1967, § 14 -31; Ord. No. 5221, § 3, 3 -9 -89)
Secs. 86-169--86-195. Reserved.
ARTICLE IV. PRIVATE COLLECTION VEHICLES
0 DIVISION 1. GENERALLY
Sec. 86 -196. Gross receipts tax.
(a) There is levied a monthly tax equal to ten percent of the total gross receipts of all
persons collecting garbage, trash and rubbish within the city limits.
(b) Each private person collecting garbage, trash and rubbish within the city limits and using
the city streets shall file a monthly report with the city finance director showing the total
amount of his gross receipts collected from his customers for such services during each
month and shall file the report and pay the ten percent on or before the tenth day of the
succeeding month.
(c) Upon reasonable notice, each such person shall make his books and records available
to the city finance director to enable him to determine the correctness of any report of
such person's gross receipts filed with the city as required by this section.
(d) If any person shall fail or refuse to file a monthly report" showing his gross receipts, his
permit shall be automatically revoked and terminated, unless for good cause the city
council shall extend such time.
(Code 1967, § 14- 32(c)(2) - -(5); Ord. No. 6008, § 1, 9- 26 -91; Ord. No. 7694, § 1, 5 -9 -96)
Cross reference(s) -- Taxation generally, ch. 90.
Secs. 86-197--86-225. Reserved.
DIVISION 2. PERMIT
Sec. 86 -226. Required.
Each private person collecting garbage, trash and rubbish within the city shall apply to
the city clerk for a waste collection permit.
(Code 1967, § 14- 32(a)(1); Ord. No. 6008, § 1, 9- 26 -91; Ord. No. 7694, § 1, 5 -9 -96)
Sec. 86 -227. Application.
Each private person collecting garbage must submit the following information on the
waste collection permit application:
(1) The name and address of the owner and the name of his company;
(2) The make, model and type of vehicle to be operated by the applicant;
(3) Whether the vehicle shall be operated by the owner or his employee with a bona
fide employer - employee relationship;
(4) Whether the applicant proposes to own, rent or lease the vehicle to be used; and
(5) Proof of the following insurance:
a. Automobile liability insurance of no less than $20,000.00 for bodily injury
to or death of one person in any one accident and, subject to such limit for
one person, in the amount of $40,000.00 for bodily injury to or death of
two or more persons in any one accident and in the amount of $15,000.00
for injury to or destruction of property of others in any one accident.
b. Commercial general liability insurance with an aggregate of $500,000.00
and a per occurrence limit of $250,000.00.
Such insurance shall be written by an insurance carrier licensed to do business in
this state and shall provide that coverages afforded under the policy will not be
canceled, suspended, voided or reduced until at least 30 days' prior written notice
has been given to the city via certified mail, return receipt requested. Additionally,
the city shall be added as an additional insured on the policy, and the coverage
shall contain no special limitation on the scope of protection afforded to the city. If
the policy does not provide coverage for "any auto ", then a schedule of the
covered autos is required to be submitted and filed with the city clerk. Only those
covered autos will be permitted to operate within the city.
(Code 1967, § 14- 32(a)(2); Ord. No. 6008, § 1, 9- 26 -91; Ord. No. 7694, § 1, 5 -9 -96)
Sec. 86 -228. Fee.
Under this division, an annual permit fee of $20.00 per vehicle shall be required of all
private persons collecting garbage, trash and rubbish within the city limits.
(Code 1967, § 14- 32(c)(1); Ord. No. 6008, § 1, 9- 26 -91; Ord. No. 7694, § 1, 5 -9 -96)
Sec. 86 -229. Display.
Each private person collecting garbage, trash and rubbish within the city limits shall
display the waste collection permit on the front windshield of each vehicle.
(Code 1967, § 14- 32(b); Ord. No. 6008, § 1, 9- 26 -91; Ord. No. 7694, § 1, 5 -9 -96)
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