R96-58 12-09-96 RESOLUTION NO. R96-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER TO AMEND AND RENEW
THE AGREEMENT, INCORPORATED HEREIN FOR ALL PURPOSES AS
EXHIBIT "A", BY AND BETWEEN THE CITY OF PEARLAND AND CLEAN
PEARLAND COMMUNITY COMMITTEE, TO PROMOTE RECYCLING.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The amendment and renewal of that certain agreement, annexed
hereto and designated Exhibit "A" and incorporated herein for all purposes, is hereby
authorized and approved.
Section 2. The City Manager is hereby authorized and directed to execute for
and on behalf of the City of Pearland and the City Secretary to attest the agreement
and counterparts thereof.
PASSED, APPROVED and ADOPTED this the ~day of ~,
A.D., 1996.
,
TOM REID
MAYOR
ATTEST:
APPRO,~ AS TO FORM:
A'M[Y MC~ES McCULLOUGH
CITY ATTORNEY
EXHIBIT "A"
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
§ KNOW ALL MEN BY THESE PRESENTS:
AGREEMENT
This Agreement made this _~day of ~~~L4.~ , 19 q~, by and between
the City of Pearland, Texas, a Texas Home Rule Municipal Corporation, herein called "City",
and the Clean Pearland Community Committee, a non-profit volunteer organization of Pearland,
Texas, herein called "Clean Pearland", in consideration of the undertakings of the parties hereto
unto each other.
WITNESSETH:
1. TERM OF AGREEMENT - This agreement shall be in full force and effect beginning the
ls_._~t day of OCTOBER, 1996, and shall remain and continue in full force and effect until
SEPTEMBER 30, 2001, at which time said agreement is subject to automatic renewal in five
· (5) year increments not to exceed twenty (20) years, unless, no less than one hundred twenty
days (120) days prior to the expiration date of this agreement, either party gives written notice
to the other party that said party wishes to renegotiate or terminate this agreement.
2. FUNCTION - It is mutually agreed by and between the City and Clean Pearland that it shall
be the function and duty of the organization and its Board of Directors to foster a coordinated
effort among businesses, state government, and local governments to meet the new state
mandated goals of recycling 40 percent of the total municipal waste stream, to conserve existing
landfill capacity and to promote public interest in the general improvement of the environment
of the City of Pearland. To achieve these ends, Clean Pearland's duties will include the
following:
mo
Promote public interest in recycling as a resource recovery method
by collection and processing of waste products into raw materials,
thereby preserving our precious natural resources;
go
Study, investigate, and develop educational programs encouraging
households to reduce the waste stream by separating recyclable
products from trash, being waste-conscious consumers and
composting or mulching organic matter;
Co
Establish corporate recycling programs to reduce the amount of
commercial waste and capitalize on the large amount of high
quality, clean, recyclable waste businesses generate;
Do
Manage the Recycle Center so long as deemed feasible by Clean
Pearland and the City;
Eo
Work with Waste Management of Texas, Inc. ("Waste
Management"), the City, and local apartment owners to establish
apartment recycling programs;
Fo
Work with City departments, including but not limited to the Parks
and Recreation Department, to promote beautification and planting
projects on public lands that will enhance the appearance of the
City;
Go
Work with the City to promote, seek grant funding, and provide
matching funds for the construction of walkways and bikeways
throughout the City;
Ho
Study, investigate, and develop educational programs for the entire
community, encouraging litter prevention, litter abatement,
beautification, landscaping, pollution prevention, and conservation
of natural resources;
Work with the City to develop and implement an action plan to
become a member of the Clean Cities 2000 Program of the Texas
Natural Resource Conservation Commission and prepare all
required reports for this program;
Jo
Review City ordinances dealing with environmental issues such as
litter control, solid waste management, and beautification, and
cooperate with the City staff to amend current ordinances and/or
draft new ordinances found necessary as a result of the review and
support passage of said ordinances by the City Council;
Respond to telephone inquiries addressed to the City regarding
solid waste and environmental issues;
Co
Work with the City to obtain and maintain the "Tree City USA"
designation from the National Arbor Day Association;
mo
Work with other governmental and private entities in 'the area to
seek regional solutions to solid waste problems such as the
handling of yard trimmings, other organic materials, and
household hazardous materials.
3. BY-LAWS. RULES, AND REGULATIONS - It is mutually agreed that Clean Pearland
shall adopt its own by-laws not inconsistent with the ordinances of the City of Pearland and shall
have independent authority to adopt, enforce and promulgate any reasonable rules and
regulations governing its members and activities.
4. FUNDING AND COMPENSATION - The City agrees to allocate to Clean Pearland the
monthly payment of Five Thousand Dollars ($5,000.00) for promotion of recycling activities and
environmental education as set forth in the City's contract with Waste Management, in
accordance with Resolution No. R96-48 passed and approved by City Council on September 23,
1996. The City also agrees to pay to Clean Pearland fourteen percent (14%) of any and all
franchise fees it receives from Waste Management in accordance with said agreement, to fund
environmental programs and projects that benefit citizens of Pearland.
5. RECYCLE CENTER AND ADOPT-A-SPOT SIGNS - The City agrees to provide to
Clean Pearland, space sufficient to accommodate the Clean Pearland Recycle Center, as needed,
and agrees to store and erect Adopt-A-Spot signs within the corporate City limits upon request
of Clean Pearland.
6. REPORTING - Clean Pearland shall provide an annual report to be submitted no later than
September 1st of each year. Said report shall detail Clean Pearland's progress in performing
its function as described in Section 2. Clean Pearland shall also respond to requests for
information from the City Manager or his/her designee.
EXECUTED this t~L7day of ~ , 19 q~.
ATTEST:
/Y/to~nda C. Benitbz
t/City Secretary
CITY OF PEARLAND, TEXAS
Gro ma~"'
City Manager
ATTEST:
Taraiz Karafa, Secretary
Clean Pearland
CLEAN PEARLAND COMMUNITY COMMITFEE
Richard A. Eskuchen, President
Clean Pearland