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71-105 O - Solid Waste and Disposal Contract (Roy Hackney) . - 1 Amp, ORDINANCE NO . ir,[' AN ORDINANCE ADOPTED FOR THE PRESERVATION OF THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC; PROVIDING FOR THE COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE AND RUBBISH WITHIN THE CITY OF PROSPER; DEFINING TERMS; REQURING ALL RESIDENTS WITHIN TIE CITY TO PROVIDE CONTAINERS OR RECEPTACLES FOR REFUSE; DESIGNATING TYPE OF REFUSE PICKUP CONTAINERS; SPECIFYING PICKUP LOCATION; SETTING FORTH THE METHOD FOR DETERMINING CHARGES FOR COLLECTION AND THE METHOD OF THEIR COLLECTION; CONTAINING A SAVINGS CLAUSE; FIXING A PENALTY FOR THE VIOLATION HEREOF; REPEALING CONFLICTING ORDINANCES; AND PROVIDING FOR THE PUBLICATION OF CAPTION HEREOF . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS: Section 1 . PURPOSE OF ORDINANCE The accumulation of waste , refuse , rubbish and other deleterious substances on the premises of private residences, commercial institutions, vacant lots and in streets and alleys constitutes a public menance and nuisance and greatly increases the danger of the spread of infections , contagious and epidemic diseases , often becomes a fire hazard, and it is imperative and urgent for the preservation of health, safety, sanitation, peace , and public welfare that proper and adequate regulations be adopted to require property owners , tenants , occupants or lessees to secure containers and receptacles of sufficient size and material in which to deposit garbage , refuse and rubbish for the collection and removal at regular intervals . Section 2. GARBAGE, RUBBISH, REFUSE AND PREMISES DEFINED The tern "garbage" as used in this ordinance shall mean all putrescrible wastes , except sewage and body wastes and shall include a71 meat, fruit and vegetable refuse . -2- "Rubbish" shall mean all material other than garbage and shall include waste , and junk material such as glass, plastic, metal, wood, vegetable matter, tree limbs , grass clippings, hedge and shrub trimmings, yard cleanings , and any other material that is not of a readily useable nature to the degree that it creates an unsightly and unpleasant appearance or poses a nuisance , health hazard, fire hazard, or unsightly situation. The term "refuse" as used in this ordinance shall be held to mean all substances included in the terms ''garbage" and "rubbish" . The term "premises" as used in this ordinance shall mean all public and private establishments such as private residences , all food establishments, all business establishments , all schools , all vacant lots , apartments , hospitals, nursing homes , and other places within the city limits where refuse , either garbage or rubbish, accumulates . Section 3 . REQUIRED GARBAGE REFUSE AND RUBBISH CONTAINERS Every owner, occupant, tenant or lessee using or ruov occupying any building, house or structure within the corporate limits of the City of Prosper, Texas , shall provide and maintain covered garbage cans or receptacles of sufficient number and size , as hereinafter specified, to hold the garbage , refuse , and rubbish that will normally accumulate on the premises . Each of said owners, occupants , tenants or lessees shall provide a container or containers for garbage con- structed of some substantial metal material with a tight- ; fitting lid or cover and with handles sufficiently strong for workmen to handle conveniently. Such container must meet with the approval of the local health authority, and in addition, all persons and firms who subscribed to a garbage and trash removal service shall furnish such containers of not more than twenty (20) gallons capacity, -3- 1111. and the combined weight of the container and the contents S) shall not exceed one hundred f=iS) pounds . In lieu of the above described metal garbage receptacles , each of said owners, occupants , tenants or leasees may provide and use twenty (20) gallon disposable plastic bag receptacles provided said plastic receptacles are and remain in good condition prior to pickup of the garbage and rubbish. The lids or covers of all metal containers and the openings of all plastic disposable bags shall at all times be kept closed, secured and fastened so that flies and 4111, other insects may not have access to the contents thereof, and said lids or covers of all metal containers shall only be removed while the said containers or receptacles are being filled or emptied as the case may be . Section 4. LOCATION OF RECEPTACLES The owner, occupant, tenant or lessee of the premises shall place the receptacles for garbage or rubbish in front of said premises at the street so that the collector shall 111 not be required to go more than twenty (21 feet beyond the o ecollection. No collector s vehicle for the purposes of container shall be placed either for storage or accumulation at a point nearer the street than the front of each principal building, house , dwelling unit or structure . In the event it is not practical to place the containers for collection as above specified, the collector and the customer may mutually agree on a collection method but should such agreement not be reached then the City Council shall determine the place for locating said containers . S ftpo Section 5. COLLECTION OF TRASH NOT IN CONTAINERS In the event the garbage or rubbish is of such a nature that it cannot be put in regulation containers , it shall be placed in disposable containers or in neat and orderly piles and placed adjacent to the regulation receptacles . Tree limbs and trimmings from shrubs and bushes shall not exceed three (3) feet in length and must be bundled together. No single tree limb, stump or cutting So shall exceed 'Jee' pounds each . Section G. PRIVATE AGREEMENTS BETWEEN COLLECTORS AND CUSTOMERS FOR UNUSUAL COLLECTIONS All Ordinary usual and customery garbage and rubbish collection shall be made in the manner set forth herein; provided, however, that any unusually large items and particulary bulky collections such as appliances, car frames, or large trees , or heavy accumulations of brick, brole^ cement, rocks , ashes , dirt, sand, plastic, gravel, ler or other bulky items shall be collected only upon the private agreement of the collector and the customer, the expense of which shall be paid directly to the collector by the customer. Section 7 . MEDDLING PROHIBITED The meddling with garbage cans , refuse or rubbish receptacles , or in any way pilfering, scattering contents , and scavenging in any alley or street within the city limits of the City of Prosper is prohibited. ih, Only officers and employees of the City of Prosper and persons delivering garbage or other rubbish to the dump ground are allowed on the dump grounds; all other persons are prohibited, this restriction being included as a means to prevent scavenging. • -5- tir Section 8. JUNK, PROPERTY OF CITY All junk and other material of the dump ground is the property of the City of Prosper, aid no person is allowed to separate and collect, carry off or dispose of same except under the authority and direction of the City Council . Section 9. PROTECTION OF CANS OR RECEPTACLES The contents of all receptacles shall be protected 1110, so that the wind cannot blow out and scatter same over the streets, alleys and premises of the City . The collection, removal and disposal of all garbage and rubbish shall be carried on in a systematic and efficient manner, keeping the entire City in a clean and sanitary condition. Section 10 . CHARGE FOR COLLECTION The City Secretary is hereby authorized to add to the water and sewage bill each month a monthly collection fee 11/ for the pickup of the gartage and rubbish herein described . Said service charge shall be in such amount as may be authorized from time to time by the City Council . Said service charge shall be added to all water and sewage bills within the Corporate Limits and to the bills of all other water and sewage customers who use said collection service . Section 11 . CITY SECRETARY TO ADMINISTER THE PROVISIONS OF THIS ORDINANCE It is hereby made the duty of the City Council 4 I/ to make inspection trips at regular intervals to determine . V -J- whether or not the garbage and rubbish is being properly collected, removed and disposed of as required by the provisions of this or any other applicable health ordinance , and in the event it is found that the ordinance is being violated, appropriate and timely action shall be taken to insure a full compliance with its said provisions . Section 12 . SAVING CLAUSE Should any part, section, paragraph, sentence, clause or phrase contained in this ordinance be held to be un- illimr constitutional or invalid, such holding shall not affect the validity of the remaining portion of the ordinance , but in all respects shall remain in full force and effect, and the City Council hereby declares that it would not have passed the unconstitutional or invalid part had it known that it was invalid and that it would have passed the remaining part that is not invalid . Section 13 . REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH This ordinance shall be held and construed to be 110 cumulative of all other ordinances affecting the health, safety, peace and sanitation of the public in the City of Prosper except in these instances where the provisions of this ordinance are in conflict with the provisions of ordinances heretofore passed and all ordinances or parts of ordinances in conflict with the provisions of this ordinance are expressly repealed. -7_ . . Section 14. PENALTY FOR VIOLATION OF ORDINANCE Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not to exceed One Hundred Dollars ($100 .00) , and each offense and each day' s continuance of failure to comply with this ordinance shall constitute a separate and distinct offense . Section 15. 411 EFFECTIVE DATE OF ORDINANCE The caption of this ordinance shall be published one (1 ) time in a newspaper having general circulation in the City of Prosper, and shall be effective immediately thereafter. Duly passed and approved by the City Council of the City of Prosper, Texas , on the day of /1/pj/, 1971 . C< or CORRECTLY RECORDED : , C y Secretary 1 SOLID WASTE COLLECTION AND DISPOSAL CONTRACT STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS : COUNTY OF COLLIN 1 This CONTRACT and INDENTURE made and entered into on this , the day of ///4 -i//9tie, A.D . 1971, by the City of Prosper, Texas , hereinafter called "City" , acting herein by and through its legally authorized Mayor and City Secretary, and Roy Hankey, hereinafter called "CONTRACTOR" . YJ ITN E S SET H : I . The CONTRACTOR is hereby granted permission to use the public streets, all-weather alleys and thoroughfares • within the City Limits of the City of Prosper for the purpose of engaging in the business of collecting garbage , trash, and refuse for a period of three (3) years , beginning on the First (1st) day of December, 1971, subject to the terms and conditions set out in this agreement. II . The CONTRACTOR shall properly collect and dispose of all garbage and trash accumulated on premises within the corporate limits of the City of Prosper, for which service a charge shall be made and collected by the CITY. Said service charges shall be in accordance with the following: A. One Unit, two pickup per week; curb-side service $2.50 per month B . Two Units , (duplex) ; two pickup per week; curb-side service 2.50 per month per unit C . Multiple Apartment Buildings : all containers centrally located, per Unit 2.50 per month D . For Special Pickups (extra hauls ) ; per price arranged load with those wishing service and CONTRACTOR E . Business and Commercial ; curb-side or price arranged alley (all-weather surface ) with those wishing service and CONTRACTOR The above service charges may be adjusted by the City Council, after. holding a public hearing. The CONTRACTOR shall be obligated to serve all garbage accounts within the CITY. III . The CONTRACTOR shall furnish, at his own expense , all trucks , machinery, equipment , tools, superintendents, labor, insurance and other accessories necessary to efficiently render such services to the public . The receptacle lids shall be replaced by the Collectors on i the receptacle which has been emptied. All refuse or trash which is spilled from the receptacles at the time iof collection shall be loaded on the trucks and hauled away. Receptacles will be replaced in the racks provided by the customers , or if no racks are provided, receptacles will be replaced on the spot which they occupied before the pickup was made . In brief, solid waste collectors are to leave the collection area clean with lids replaced on receptacles . IV. The CONTRACTOR shall dispose of all garbage and trash collected pursuant hereto at his expense and at the place 411 provided by CONTRACTOR, or such other place as authorized C ' 410 by the City Council of the City of Prosper. The duly authorized dump shall be operated as a sanitary land fill operation and shall at all times be maintained by CONTRACTOR in compliance with all applicable State Statutes for land fill operations . The CONTRACTOR will make the following numoer of collections of garbage , trash and other refuse : a) In residential areas - - two (2) days per week. b) In business, commercial and all other public areas -- two (2) days per week. V. 4111 The CONTRACTOR shall indemnify and save harmless the CITY, its officers, agents , aad employees , from any and all loss, liability, claims, demands , actions or suits of any and every kind and description arising or resulting from, or in any way connected with the operation of the CONTRACTOR hereunder. The CONTRACTOR shall carry, at his own expense , Workments Compensation Insurance and Public Liability Insurance, with the City � I of Prosper named as co-insured, in an amount of not less I than $50,000.00 for injury to one person, $100,000 .00 for injuries in any one accident, and Property Damage Insurance in an amount of not less than $20,000 .00. Such insurance shall be carried with a recognized Insurance Carrier and shall be subject to the approval of the City Secretary. A certificate evidencing such insurance coverage shall be delivered to the City Secretary of the CITY upon the execution hereof. VI . The CITY may, at any time the City Council does not 41/ deem the CONTRACTOR a fit and proper person to render the service authorized hereunder, or determine that the general health and welfare of the citizens of Prosper will best be served by such action, after a public hearing, revoke and cancel this Contract, in which event the permit granted CONTRACTOR hereby shall be null and void . The hearing on such revocation and cancellation shall be held after ten (10) days notice thereof has been given CONTRACTOR. Such notice shall be deemed to have been given when placed in the regular mail to the last known address of the CONTRACTOR . Such notice shall specify the time and place of the hearing • and shall list the reasons why the health and general welfare of the citizens requires such revocation and cancellation. The CONTRACTOR shall be allowed to be present and to be represented by Counsel, and shall have full opportunity to disprove all charges and allegations set out in the notice . Said hearings shall be conducted by the City Council, and if the finding of facts made after such hearing show the CONTRACTOR is not a fit and proper person to conduct garbage and trash collection services for the CITY as hereunder and under the Ordinances of the CITY, or show that the general health and welfare of the citizens of I . the CITY or the best interests of the CITY will be served by such actions, then the City Council may revoke and cancel this Contract and same shall become null and void as of the date of said hearing. VII. This Contract is further made subject to the right of CITY to cancel said Contract at any time the City Council deems it in the best interest of the City 411 to participate in a regional solid waste disposal plan such as with the Collin Denton County Water and Sanitation District. In the event the CITY decides to participate in such a regional disposal plan, the CITY shall give CONTRACTOR ten (10) days notice prior to said cancellation. VIII . It is expressly understood that the CITY reserves the right to regulate the charges made to its customers for garbage and trash collection and disposal service , and the CITY shall collect all charges made for such services . On or before the 20th day of each month, the CITY shall pay the CONTRACTOR the amounts specified herein out of the gross receipts from garbage and trash collection and disposal charges on accounts actually serviced by the CONTRACTOR for the preceeding month . The CONTRACTOR shall make no charge for collections and disposal of the garbage and trash accumulated by the CITY so long as such garbage and trash can be collected on a regular collection route of the CONTRACTOR as established hereunder, it being the intent of the consideration by the CITY for the permit herein granted. IX . The CONTRACTOR shall not assign this Contract or any rights arising hereunder, without the prior written approval and consent of the CITY. 4 c X . It is understood and agreed by and between the CONTRACTOR and the CITY that deposits received by the CITY in connection with its water and sewer service shall be held by the CITY for the satisfaction of water accounts . However, the CITY or its agents will exercise reasonable diligence in the collection of amounts due the CONTRACTOR for collection and disposal of garbage and trash . The CITY agrees to require customers to maintain solid waste receptacles in good condition. XI . If any of the clauses or paragraphs contained herein shall be determined to be void by any Court of competent jurisdiction, such determination shall have no effect on any other clause or paragraph contained herein. XII . This Contract is to be performed in accordance with the terms and conditions contained herein and the regulations set out by the Ordinances of the City of Prosper. The Mayor and City Secretary of the City of Prosper, and their successors in office , are hereby named to administer the performance hereof on behalf of the CITY, and to enforce all conditions and regulations imposed by the Ordinance of the City of Prosper or the statutes of the State cf Texas . • XIII . illew This Contract is to become effective on the 1st day of December, 1971 . In this connection, it is understood that the City may use the cycle method of billing its customers and that the CONTRACTOR will receive from the gross receipts for any billing cycle only that portion of such receipts attributable to the length of time the accounts billed in that cycle have been actually serviced by the CONTRACTOR. IN WITNESS WHEREOF, the parties hereto have executed ior this instrument on this the 27 day of /0-7)----, , 1971 . CITY OF PROSPER BY: M or ATTEST : l y ecrry APPROVED AS TO FORM: City Attorney Roy Zk-ey, COmettACTOR town of Prosper COLLIN COUNTY, TEXAS Prosper, Texas SOLID WASTE COT,TECTICN AND DISPOSAL CONTRACT a RENEWAL I agree to renew my contract with the City of Prosper for a period of 3 (three) years - December 1, 1974 through November 30, 1977. All terms and conditions set out in the Original Contract dated the 29th of November, 1971 are agreed to... Except the rate which shall be 3)3.00 per residential customer instead of : 2.50. Holidays - Xmas Day, New 'Marts Day, the fourth of July, Labor Day and Thanksgiving will be observed by me if they fall on a regular pick-up Airday. v. K. Mullendore- Mayor Roy E. ankey ) e AI / 7 Date 1I