Ordinance No. 10,104ORDINANCE NO. 10,104
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL
SERVICES CONTRACT WITH WASTE MANAGEMENT OF TEXAS, INC.;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT
TO EXCEED ONE MILLION EIGHT HUNDRED FORTY -NINE THOUSAND FIVE
HUNDRED EIGHT AND.NO /100 DOLLARS ($1,849,508.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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 and
directs the City Manager to execute and the City Clerk to attest to a Residential Solid Waste Collection
and Disposal Services Contract with Waste Management of Texas, Inc. A copy of the contract is attached
hereto as Exhibit "A" and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Waste
Management of Texas, in an amount not to exceed ONE MILLION EIGHT HUNDRED FORTY -NINE
THOUSAND FIVE HUNDRED EIGHT AND NO /100 DOLLARS ($1,849,508.00) in accordance with
the contract authorized in Section 1 hereof.
Section 3: That in addition to the amount specified in Section 3 hereof, the City Manager is
hereby granted general authority to approve a decrease or an increase in costs by TWENTY -FIVE
THOUSAND AND NO 1100 DOLLARS ($25,000.00) or less, provided that the amount authorized in
Section 3 hereof may not be increased by more than twenty -five percent (25 %).
Section 4: This ordinance shall take effect immed lately i'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 28`" day of July, 2005.
CALVIN MUNDINGER, May
ATTEST:
GAR)OW. SMITH, City Clerk
APPROVED AS TO FORM:
® elIZINACIO RAMIREZ, SR., i Attorney
RAKarenlFi1es%0ty Counciil0rdinances12005Uuly 28 \Solid WasteDisposalContract.doc
EXHIBIT A
• CITY OF BAYTOWN
RESIDENTIAL SOLID WASTE COLLECTION
AND
DISPOSAL SERVICES CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Solid Waste Collection and Disposal Services Agreement, hereinafter known as
"Agreement," is made and entered into this day of July, 2005, by and 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, Inc., hereinafter known as the "Contractor."
I.
gro PF.
Contractor agrees to furnish all the labor, equipment and material for the collection of
residential solid waste, including, garbage and heavy trash, 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 heavy trash 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. Residential customers receiving services by or
through this Agreement do not have to comply with Section 86 -36. Additionally, Section 86 -70 of
the Code shall be construed as imposing a maximum number of collections per week of yard waste.
II.
DEFINITIONS
As used in this Agreement, the following words and phrases, unless clearly indicated
otherwise by content, shall mean:
City: means and refers to the City of Baytown, Texas, and all attendant boards, agencies,
commissions and related bodies, along with their respective officers, agents and
employees.
City Manager: means the City Manager of the City of Baytown or his designated representative.
Code: means the Code of Ordinances of the City of Baytown, which may be amended from
® time to time throughout the term of this Agreement.
Collection
Area: means the incorporated limits of the City of Baytown, as they now exist or
hereinafter amended.
Annual Solid Waste Collection and Disposal Services Contract, Page I
• Contractor: means Waste Management of Texas, Inc., its officers, agents, and employees.
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, including
containerized yard waste but not including building materials.
TCEQ: means the Texas Commission on Environmental Quality or any successor
organization or agency.
Unit: means any (1) single family residence, (ii) multifamily residence in complexes of
eight (8) or less dwelling units with a contract for collection with the City, (iii) small
business as defined in Chapter 86 of the Code with a contract for collection with the
City, and (iv) certain not - for -profit facilities identified by the City Manager or his
designee.
Yard Waste: means leaves, lawn trimmings and other loose plant material.
III.
CONTRACTOR'S RESPONSIBILITIES
3.01 Standard of Care: The Contractor shall provide residential solid waste collection and
disposal services in accordance with this Agreement with at a minimum the same degree of
care, skill and diligence as is ordinarily provided by other contractors under similar
circumstances. Unless otherwise specifically indicated, the Contractor shall furnish all
services, supplies and equipment necessary to perform all activities and covenants of this
Agreement.
3.02 Equipment: Contractor shall use its equipment which shall be of a quality sufficient for the
performance of its obligations under this contract. Such equipment shall include at a
minimum twenty-five (25) yard packer trucks and shall not exceed the legal load limits for
the streets and roadways which must be traveled in order for Contractor to perform the
required services. Contractor warrants that all such equipment, which will be used, is
adequate for the work contemplated herein and that such equipment will be maintained in a
clean workmanlike manner. All equipment used in furtherance of this contract shall be
equipped with a radio communications system or some other comparable means to
communicate to the Contractor's office for use in case of breakdowns, operational safety
concerns, and other problems which may arise. Additionally, Contractor shall maintain or
have immediate access to adequate backup equipment in order to sustain continuous
operations in the event of equipment failure. The use of insufficient and/or inadequate
machinery or equipment as determined by the City Manager shall be deemed a breach of this
agreement.
3.03 Personnel: The Contractor represents that it has or will secure at its own expense, all
personnel required in performing the services under this Agreement. Such personnel shall
not be employees of or have any contractual relationship with the City. Contractor shall
Annual Solid Waste Collection and Disposal Services Cogt_ract, Page 2
• provide supervision of all work crews at all times while performing work under this contract.
Personal supervision is not required provided that equipment or other means are provided
that enable the work crew to communicate with the Contractor at all times. Each work crew
shall have a designated person who has the authority to respond to inquiries about work
details or priorities.
3.04 Collection Services: Contractor hereby covenants and agrees to collect garbage and heavy
trash 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 86 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 billing records of the City, which shall be adjusted on a
monthly basis for payment purposes.
Refuse from small businesses as defined in Chapter 86, Article III, Division 2 of the Code
shall be collected only as authorized by the City. Heavy trash collection is not a part of the
small business collection service.
3.05 Other: Garbage and heavy trash shall be collected from City facilities as an incidental part
of this Agreement on a no -cost basis.
3.06 Collection Schedule: Collection services for the service area will be that which was in effect
immediately prior to the execution of this Agreement. Contractor expressly agrees that
collection as required herein shall not begin before 7:30 a.m. and not extend beyond 7:00
p.m. without the prior written consent of the City Manager or his designee. All scheduled
collection shall be made on the designated day, regardless of the time of completion.
However, unless otherwise approved by the City, on official City holidays, the scheduled
collection as expressed hereinabove shall not be made, and there shall be no deferred
collection. The Contractor must verify the date of each City holiday with the City Manager.
3.07 Disposal Services: Contractor hereby agrees to dispose of garbage, heavy trash, yard waste
and brush collected under this Agreement at a facility properly permitted by the TCEQ for
the disposal of household waste.
3.08 Records of Disposal Services: The Contractor shall maintain records of the amount of
garbage and trash 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.
IV.
CITY'S OBLIGATION
4.01 Compensation: The City's sole obligation under this Agreement is to pay Contractor the
® following per unit per month, less any amounts which may be deducted or withheld from
such compensation pursuant to this Agreement:
Annual Solid Waste Collection and Disposal Services Contract, Page 3
•
Year Commencing
Price Per Unit
October 1, 2005
$ 9.06
October 1, 2006
$ 9.60
October 1, 2007
$10.08
October 1, 2008
$10.58
October 1, 2009
$11.11
Both the Contractor and the City hereby agree that the Contractor is entitled to no payment
for any day in which the work required herein is not completed unless the direct and sole
proximate cause of the Contractor's failure to so complete the work is the City's termination
of this Agreement without cause pursuant to Section 12.01.
4.02 Payment: 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 certified as
true and correct by an officer of the Contractor. Each invoice is due and payable by the City
within thirty days following the date of its receipt by the City or within thirty days of receipt
of the invoiced services, whichever is later. However, the City shall not be obligated to pay
the full amount of an invoice if there is a dispute in the bill tendered by the Contractor to the
City for payment. In such case, the City shall pay only the undisputed amount.
4.03 Contingences The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the City for the performance of this Agreement. If at any time
during the period of performance under this Agreement, the City does not make sufficient
appropriations and authorizations, this Agreement shall terminate upon written notice being
given by the City to the Contractor. The City's decision as to whether sufficient
appropriations are available shall be accepted by the Contractor and shall be final.
V.
HEALTH, SAFETY AND WELFARE
The Contractor expressly understands and agrees that at all times during the term of this
contract, the City, at its sole discretion, may do all things necessary to ensure the health, safety and
welfare of its citizens. If it is necessary for the City to exercise this right in any manner and to any
extent, the Contractor shall assume all liability with respect to the termination of this Agreement and
release and fully discharge the City from any and -all actions, causes of action, claims, demands,
costs, controversies, damages, and all other liability whatsoever for any and all personal injuries,
deaths or property damages arising out of or in connection with such termination.
VI.
INDEMNITY AND RELEASE
6.01 INDEMNITY: CONTRACTOR AGREES TO AND SHALL
INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS
Annual Solid Waste Collection and Disposal Services Contract, Page 4
• OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION,
SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS'
FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR ANY
AND ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THE WORK DONE BY THE CONTRACTOR PURSUANT TO THIS
AGREEMENT, THE CONDUCT OR MANAGEMENT OF
CONTRACTOR'S BUSINESS OR ACTIVITIES, OR FROM ANY ACT
OR OMISSION BY CONTRACTOR, HIS AGENTS, SERVANTS,
EMPLOYEES, SUBCONTRACTORS, GUESTS, OR INVITEES
WHERE SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED
(I)BY THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER
PERSON OR ENTITY AND /OR (II) BY THE JOINT OR SOLE
NEGLIGENCE OF CONTRACTOR, ITS AGENTS, SERVANTS,
EMPLOYEES, SUBCONTRACTORS, GUESTS, OR INVITEES. IT IS
THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
THE CONTRACTOR AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE
CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY (I)
FROM THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE,
WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE
RESULTING INJURY, DEATH OR DAMAGE AND (II) FROM THE
CONSEQUENCES OF THE JOINT OR SOLE NEGLIGENCE OF
CONTRACTOR, ITS AGENTS, SERVANTS, EMPLOYEES,
SUBCONTRACTORS, GUESTS OR INVITEES.. FURTHERMORE,
THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL
HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE
OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH,
OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE
CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR
ENTITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS
BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE
ABOVE, CONTRACTOR FURTHER AGREES AND COVENANTS TO
DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED
HEREINABOVE SHALL SURVIVE THE TERMINATION AND /OR
EXPIRATION OF THIS AGREEMENT.
® 6.02 Release: By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
Annual Solid Waste Collection and Disposal Services Contract, Page 5
• terms of this Agreement or any other contract or agreement, any charter, or applicable
state law. Nothing herein shall be construed so as to limit or waive the City's sovereign
immunity. The Contractor assumes full responsibility for its work performed
hereunder and hereby releases, relinquishes and discharges the City, its officers,
agents, and employees from all claims, demands, and causes of action of every kind and
character, including the cost of defense thereof, for any injury to or death of any person
(whether they be either of the parties hereto, their employees, or other third parties)
and any loss of or damage to property (whether the property be that of either of the
parties hereto, their employees, or other third parties) that is caused by or alleged to be
caused by, arising out of, or in connection with the Contractor's work to be performed
hereunder. This release shall apply with respect to the Contractor's work regardless of
whether said claims, demands, and causes of action are covered in whole or in part by
insurance.
VII.
INSURANCE
The Contractor shall at all times during this Agreement maintain in full force and effect
insurance as provided herein and which meets the minimum amounts listed below. A certificate of
insurance, or a copy of the insurance policies, shall be furnished to the City and shall provide that
the City shall receive thirty (30) days; prior written notice before any change or cancellation of any
policy.
(1) Commercial general liability: This coverage must have a general aggregate of
$1,000,000 and a minimum of $500,000 per occurrence. This policy must include a
pollution endorsement.
(2) Statutory workers' compensation: This coverage must comply with all statutory
amounts as required by Texas law and shall include a Waiver of Subrogation on
behalf of the City.
(3) Automobile Liability: This coverage shall have combined single limits of
$1,000,000. All automotive coverage is to include all owned and hired autos, if
applicable.
(4) All policies are to be of the occurrence form.
(5) Should any insurance required by this Agreement lapse, the Contractor shall
immediately cease all operations as of the time and date of such lapse, and shall not
resume any operations until authorized in writing by the City. If the lapse period
extends fifteen (15) days, this Agreement shall automatically terminate with no
notice to the Contractor required and the Contractor shall be in breach of this
Agreement.
(6) The City of Baytown, its officers, agents and employees shall be named as
ADDITIONAL INSUREDS on said policies of insurance. Contractor shall provide
the City with a certificate evidencing the City of Baytown, its officers, agents and
Annual Solid Waste Collection and Disposal Services Contract, Page 6
• employees as ADDITIONAL INSURED for coverage prior to the initiation of
contracted services.
(7) All insurance carriers providing coverage-should have an AM Best rating of B+ or
higher and be licensed to do business in the State of Texas.
VIII.
INSPECTION OF WORK AND FACILITIES
The City shall have the full right to inspect any and all facilities, areas, or equipment owned
leased or otherwise used by or in the care, custody, or control of the Contractor. Such inspections
may be related to, but are not limited to, verification of work or conditions, safety, damages, or
operational interests.
IX.
AUDIT AND FINANCIAL REGULATIONS
The City shall have the right through its agents and employees to audit and examine at all
reasonable times, the Contractor's books and financial and operational records which may be
reasonably required by the City in order to enforce the terms of this Agreement or to evaluate the
Contractor's performance thereof. Financial records will be maintained with such adequacy so as to
allow identification of the source of all revenue and expenditures related to this Agreement.
X.
TIME OF THE ESSENCE
Both the Contractor and the City acknowledge that time is of the essence in this Agreement.
XI.
TERM
11.01 Initial Term: The term of this Agreement shall commence on the 1" day of October, 2005,
and shall remain in force for a period of time not to extend beyond the 30'h day of
September, 2010, unless terminated sooner by the City Manager or his designee.
11.02 Renewal Terms: After completion of the initial contract term, the Agreement may be
renewed for four (4) additional one -year periods, when done so at least one (1) month prior
to termination of the existing term. Such extension must be in writing, signed by both
parties. During such renewal period, the terms and conditions of the Agreement shall remain
the same, except as provided in this section. The price during the renewal period shall be the
same amount as it was on September 30,20 10 or in an amount based on the difference of the
Consumer Price Index of the third month preceding the expiration date of the then current
term or renewal period.
Annual Solid Waste Collection and Disposal_ Services Contract, Page 7
• 11.03 Temporary Extension: The Contractor understands and agrees that upon the City's written
request, this Agreement shall be extended for a period of time, not to exceed two months
after the expiration of the initial term or any renewal thereof, under the same terms and
conditions as contained herein and for the same compensation as the Contractor was
receiving for the services during the expired term immediately preceding the extension.
Nothing contained herein, however, shall obligate the City during the extension period to
renew and/or relet a contract with the Contractor for such services. The City may terminate
the extension at any time without cause and without prior notice.
•
X1I.
TERMINATION
12.01 Termination without Cause: The City, besides all other rights or remedies it may have, shall
have the right to terminate this Agreement without cause upon ten (10) days' written notice
from the City Manager to Contractor of the City's election to do so.
12.02 Termination with Cause: Furthermore, the City may immediately and without notice
terminate this contract if the Contractor breaches this Agreement, which shall include, but
not be limited to, the following:
(a) By failing to pay insurance premiums, liens, claims or other charges;
(b) By failing to pay any payments due the City, State or Federal Government from the
Contractor or its principals, including, but not limited to, payments identified in this
Agreement, any taxes, fees, assessments, or liens;
(c) On the institution of voluntary or involuntary bankruptcy proceeding against the
Contractor;
(d) On dissolution of the Contractor;
(e) By violation of any provision of this Agreement;
(f) . By the abandonment or discontinuance of the Contractor's operations, or any portion
thereof.
12.03 Payment upon Termination: Both the Contractor and the City hereby agree that the
Contractor is entitled to no payment for any day in which the work required herein is not
completed unless the direct and sole proximate cause of the Contractor's failure to so
.complete the work is the City's termination of this Agreement without cause. If the City
terminates the Agreement without cause, the Contractor shall be entitled only to payment for
work satisfactorily performed as of the date of the termination.
12.04 Retention of Liabilities. Notwithstanding the provisions of this Article, Consultant shall not
be relieved of liability to the City for damages sustained by the City by virtue of any
negligent act or omission or any breach of the Agreement.
Annual Solid Waste Collection and Disposal Services Contract, Page 8
XIII.
MISCELLANEOUS PROVISIONS
13.01 Entire Agreement: This Agreement shall constitute the entire understanding of the parties
hereto with respect to the subject matter hereof, and no amendment, modification, or
alteration of the terms shall be binding unless the same be in writing, dated subsequent to the
date hereof, and duly executed by all parties hereto. Should any of the provisions contained
in any of the contract documents be in conflict or inconsistent with each other, such conflict
or inconsistency shall be construed in favor of the City. Furthermore, both parties expressly
agree that the City Manager shall be the sole and final decision -maker should any conflict
arise hereunder.
13.02 Notices: All notices required to be given hereunder shall be given in writing by telecopier,
overnight, or facsimile transmission, certified or registered mail or by hand delivery at the
respective addresses of the parties set forth herein or at such other address as may be
designated in writing by either party. Notice given by mail shall be deemed given three (3)
days after the date of mailing thereof to the following addresses:
CONTRACTOR
Waste Management of Texas, Inc.
Attn: Thane Harrison
3520 Pansy
Pasadena, TX 77505
Fax: 281 - 998 -1580
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax: 281 - 420 -6586
13.03 Compliance with Rules and Regulations: The Contractor shall comply with all rules,
regulations, and laws of the United States of America, the State of Texas, Harris and
Chambers Counties, as applicable, and all laws, regulations, and ordinances of the City of
Baytown as they now exist or may hereafter be enacted or amended.
13.04 No Assignment: The Contractor may not sell or assign all or part interest in activities to
another party or parties without written approval of the City Manager of such sale or
assignment. The City may require any records or financial statements necessary in its
opinion to ensure such sale or assignment will be in the best interest of the City.
13.05 No Waivers: Failure of either party hereto to insist on the strict performance of any of the
agreements contained herein or to exercise any rights or remedies accruing thereunder upon
® default or failure of performance shall not be considered a waiver of the right to insist on and
to enforce by an appropriate remedy, strict compliance with any other obligation hereunder
to exercise any right or remedy occurring as a result of any future default or failure of
performance.
Annual Solid Waste Collection and Disposal Services Contract, Page 9
13.06 Independent Contractor: It is mutually understood and agreed that nothing in this Agreement
is intended or shall be construed as in any way creating or establishing the relationship of
partners or co- partners between the parties hereto, or as constituting the Contractor as an
agent or representative of the City for any purposes or in any manner whatsoever. The
relationship of the Contractor to the City shall be that of an independent contractor.
13.07 No Third Party Beneficiaries: This Agreement shall not bestow any rights upon any third
party, but rather, shall bind and benefit the Contractor and the City only.
13.08 Interpretation of Phrases: Whenever the words "directed," "permitted," "designated,"
"required," "considered necessary," "prescribed," or words of like import are used, it is
understood that the direction, requirement, permission, order, designation or prescription of
the City is intended. Similarly, the words "approved," "acceptable," "satisfactory," or words
of like import shall mean approved by, accepted by or satisfactory to the City.
13.09 Modifications: Where changes to activities or areas included in this Agreement are made,
payments shall be adjusted in a pro rata manner. All modifications must be made in writing.
The City shall have the right to require modification in scope of work.
13.10 Conditions beyond Control;_ Neither the City nor the Contractor shall be required to perform
any term, condition or covenant of this Agreement so long as performance is delayed or
prevented by force majeure, which shall mean acts of God, drought, floods, material or labor
restrictions by any governmental authority, and any other cause not reasonably within the
control of either party in which, by the exercise of due diligence, the City or Contractor is
unable to prevent or overcome.
13.11 Choice of Law; Venue: This Agreement shall in all respects be interpreted and construed in
accordance with and governed by the laws of the State of Texas and the City, regardless of
the place of its execution or performance. The place of making and the place of performance
for all purposes shall be Baytown, Harris County, Texas.
13.12 No Right to Arbitration: Notwithstanding anything to the contrary contained in this
Agreement, the City and Contractor hereby agree that no claim or dispute between the City
and Contractor arising out of or relating to this Agreement shall be decided by any
arbitration proceeding including, without limitation, any proceeding under the Federal
Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable State arbitration statute,
including but not limited to the Texas General Arbitration Act, provided that in the event that
the City is subjected to an arbitration proceeding notwithstanding this provision, Contractor
consents to be joined in the arbitration proceeding if Contractor's presence is required or
requested by the City of complete relief to be recorded in the arbitration proceeding.
13.13 Severability: All parties agree that should any provision of this Agreement be determined to
be invalid or unenforceable, such determination shall not affect any other term of this
• Agreement, which shall continue in full force and effect.
Annual Solid Waste Collection and Disposal Services Contract, Page 10
• 13.14 Headings: The article headings are used in this Agreement for convenience and reference
purposes only and are not intended to define, limit or describe the scope or intent of any
provision of this Agreement and shall have no meaning or effect upon its interpretation.
is
13.15 Gender and Number: Words of any gender used in this Agreement shall be held and
construed to include any other gender and words in the singular number shall be held to
include the plural, and vice versa, unless context requires otherwise.
13.16 Construction of Agreement: The parties agree that this Agreement shall not be construed in
favor of or against any party on the basis that the party did or did not author this Agreement.
13.17 Agreement Read: The parties acknowledge that they have read, understand and intend to be
bound by the terms and conditions of this Agreement.
13.18 Authority: The officers executing this Agreement on behalf of the parties hereby confirm
that such officers have full authority to execute this Agreement and to bind the party he /she
represents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement 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 on the day of July, 2005, the date of execution by the City Manager of
the City of Baytown.
CONTRACTOR:
WASTE MANAGEMENT OF TEXAS, INC
(Signature)
(Printed Name)
(Title)
CITY OF BAYTOWM
GARY JACKSON, City Manager
ATTEST:
GARY W. SMITH, City Clerk
Annual Solid Waste Collection and Disposal Services Contract, Page 1 1
• 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 Waste Management of Texas, Inc., on behalf of such
corporation,
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)
(check 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 52005.
Notary Public in and for the State of Texas
RAKarcnTilesTublic Works \Solid Waste & Disposal Contract\ WasteCoIlection072205 Waste Management .doc
Annual Solid Waste Collection and Disposal Services Contract, Page 12
Chapter 86 SOLID WASTE* Page 1 of 2
Chapter 86 SOLID WASTE*
*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 references: Solid waste disposal, V.T.C.A., Health and Safety Code § 361.011 et seq.
Article I. In General
Sec. 86 -1. Definitions.
Secs. 86- 2- 86 -30. Reserved.
Article ll. Residential Solid Waste
Division 1. Generally
Sec. 86 -31. Compliance required.
Sec. 86 -32. Containers.
Sec. 86 -33. Disposal of garbage.
Sec. 86 -34. Disposal of heavy trash,
rash.
Sec. 86 -35. Disposal of brush.
Sec. 86 -36. Disposal of yard waste.
Sec. 86 -37. Weight of garbage.
Sec. 86 -38. Penalty for violation of article.
Secs. 86- 39-- 86 -65. Reserved.
Division 2. Collection
Sec. 86 -66. Placement.
Sec. 86 -67. Time.
Sec. 86 -68, Garbage,
Sec. 86 -69. Heavy trash.
Sec. 86 -70. Yard waste.
Sec. 86 -71. Brush.
Sec. 86 -72. Confiscation of improper containers.
Secs. 86 -73 -86 -100. Reserved.
Division 3. Fees and Charges and Billing Procedure
Sec. 86 -101. Charge for collection.
Sec. 86 -102. Billing and payment.
Sec. 86 -103. Penalty and discontinuance of service.
Secs. 86- 104 - -86 -130. Reserved.
Article III. Commercial Solid Waste
Division 1. Generally
Sec. 86 -131. Definitions.
Sec. 86 -132. Refuse.
Sec. 86 -133. Collection of waste generally_
Sec. 86 -134. Unlawful maintenance of waste.
Sec. 86 -135. Unlawful disposal of waste.
Sec. 86 -136. Unlawful placement of containers.
Sec. 86 -137. Failure to care for container.
Sec. 86 -138. Health and fire hazards.
Sec. 86 -139. Removal of waste containers from public right -of -way_
Secs. 86- 140 - -86 -165. Reserved.
Division 2. Small Business Waste Collection Service
Sec. 86 -166. Contract for garbage collection.
Sec. 86 -167. Ap_pfcability to residential collection.
Sec. 86 -168. Approved containers.
Secs. 86- 169 - -86 -195. Reserved.
EMU A
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Chapter 86 SOLID WASTE* • Page 2 of 2
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Article IV. Private Collection Vehicles
Division 1. Generally
Sec. 86 -196. Gross receipts tax.
Secs. 86- 197 -86 -225, Reserved.
Division 2. Permit
Sec. 86 -226. Required.
Sec. 86 -227. Aimlication.
Sec. 86 -228. Fee.
Sec. 86 -229. Disolay.
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ARTICLE I. IN GENERAL Page I of I
ARTICLE I. 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.
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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 any other 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 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; Ord. No. 9034, § 12, 11 -9 -00)
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.
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(Code 1967, § 14-4; Ord. No. 4484, § 2, 6- 26 -86)
1W
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.
Yard waste may only be disposed of in approved paper bags.
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
Sec. 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)
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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 $13.56,
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
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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 billing
office that the unit is unoccupied and water service has been disconnected, the monthly charge
from that time forward shall not be assessed for as long as the unit remains unoccupied and the
water service remains disconnected.
(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 $10.80 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 $13.56, 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; Ord. No. 8986, § 1,
9- 14 -00; Ord. No. 9406, § 1, 8- 22 -02)
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.
(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.
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ARTICLE III. 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
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it ARTICLE IV. PRIVATE COLLECTION VEHICLES
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 references: 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
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(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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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 references: 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)
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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 tine 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 references: Fire prevention and protection, ch. 38.
Sec. 86 -139. Removal of waste containers from public right -of -way.
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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 $26.50 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; Ord. No. 9613, § 1, 8- 14 -03)
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.
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