AN ORDINANCE FOR THE TOWN OF WILSON CREEK, WASHINGTON, ADOPTING A COMPREHENSIVE GARBAGE, RECYCLABLES AND YARD DEBRIS COLLECTION CONTRACT BETWEEN THE TOWN OF WILSON CREEK AND CONSOLIDATED DISPOSAL SERVICES, INC., OF EPHRATA, WASHINGTON; AND ESTABLISHING A SOLID WASTE FUND FOR THE TOWN AND AUTHORIZING THE ESTABLISHMENT OF SOLID WASTE RATES BY RESOLUTION OF THE COUNCIL.

WHEREAS, the Contractor, Consolidated Disposal Services, Inc., has provided solid waste collection in the Town of Wilson Creek area under its Washington Utilities and Transportation Commission certificate; and

WHEREAS, the Town wishes to control solid waste collection through a contractual relationship with the Contractor as allowed by State law; and

WHEREAS, State law requires the Town to provide State certificate holders with a franchise (contract) of not less than seven years upon initially asserting control over the Town’s solid waste collection system; and

WHEREAS, the Contractor represents that it has the experience, resources and expertise necessary to perform the contract services; and

WHEREAS, the Town desires to enter into this Contract with the Contractor for the solid waste collection services to fulfill its franchise obligations under State law;

NOW, THEREFORE, THE COUNCIL OF THE TOWN OF WILSON CREEK, WASHINGTON, DO ORDAIN AS FOLLOWS:

Section 1. That the attached Garbage Collection Contract Between the Town of Wilson Creek, Washington, and Consolidated Disposal Services, Inc., shall be and is hereby adopted and by reference incorporated herein.

Section 2. Effective Date. This Ordinance shall be published in the official newspaper of the Town, and shall be in full force and effect five (5) days after the date of publication.

Section 3. Name. There is hereby created a special fund in the treasury of the Town to be known as the “Solid Waste Fund.”

Section 4. Purpose. The purpose of the Solid Waste Fund is to collect, hold, and disburse income of any nature whatsoever paid to the Town from the collection and disposal of solid waste in the Town.

Section 5. Deposit. All income, whether from collection rates, miscellaneous services, or the rental of drop boxes, shall be collected by the Town and immediately deposited into the Solid Waste Fund of the Town.

Section 6. Disposition of Funds. Said income shall be held in such Fund for the payment of expenses incurred in the collection and disposal of solid waste from the Town. Such expenses shall include the legitimate charges received from the Town’s Solid Waste Contractor, pursuant to the terms of the then existing contracts; all usual and necessary expenses incurred in the billing, collection and accounting for such funds and any other charge or expense incurred by the Town which are directly attributable to the administration of the Solid Waste Collection and Disposal activity of the Town.

Section 7. Establishing Rates. The Town Council is authorized, by resolution, to establish solid waste service rates for collection services, the monthly rate for contractor-owned dumpsters, and other special services. The charges for solid waste services may be established and adjusted periodically and shall be due and payable upon receipt of billing therefore from the Town. Property owners, or occupants of premises within the town, shall pay the rates or charges for the collection of and disposal of garbage from each of the premises owned, or occupied, by them. The owner of the property served as the ultimate responsibility for payment and, pursuant to RCW 35A.21.060 and other state laws, the property shall be subject to a lien for nonpayment of nay such charges or costs. The Town Council is further authorized to establish, impose, assess and collect late fees for delinquent accounts by resolution. Use of solid waste services by each occupant and owner of real property within the Town shall be compulsory and the payment of all assessed charges, late fees, and interest, therefore, shall be mandatory.

Section 8. Rates. Monthly rates shall be as follows:

Container size, pick-up schedule Fee   Container size, pick-up schedule Fee
64-gallon, 1st and 3rd week $9.11 / month   1.5 cubic yard, weekly $51.04 / month
64-gallon, weekly $14.76 / month   2 cubic yard, weekly $72.16 / month
95-gallon, weekly $17.26 / month   3 cubic yard, weekly $108.22 / month
      4 cubic yard, weekly $128.93 / month
Residential extras* $2.38 each   6 cubic yard, weekly $148.69 / month
Extra loose yards $10.79 each   8 cubic yard, weekly $175.01 / month

* Residential extras include cans, boxes, bags or tied bundles, up to 33 gallons capacity

Delivery, haul and mileage rates shall be as follows:

Temporary container delivery $27.00
Drop box delivery $55.00
Service fee (20 yard – 40 yard) $127 each
Daily rental fee (20 yard – 40 yard) $4.50 per day
Monthly rental fee (20 yard – 40 yard) $125 per month
Mileage** $3.00 per mile

** Mileage will be charged if the disposal site is more than 10 miles one way for mileage over the first 10 miles.

The monthly solid waste collection rate to be charged, billed, and paid by each customer, shall be the sum of the appropriate classification rate set forth herein, together with an additional amount equal to such solid waste taxes as may be levied by the State of Washington.

If a lot owner or occupant within the Town requests a smaller or larger container, the Town will change the size as requested and charge the new rate accordingly commencing on the second month after the request is made to the Town. Container sizes may be changed upon request no more frequently than once every six (6) consecutive months.

ADOPTED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS 9th DAY OF JUNE 2019.