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Ord. 0622 10-28-91ORDINANCE NO. 622 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZ- ING THE EXECUTION OF AN AGREEMENT, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE CITY OF PEARLAND AND THE CLEAN PEARLAND COMMUNITY COMMITTEE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND: SECTION 1. That certain agreement, annexed hereto designat- ed Exhibit "A" and incorporated herein for all purposes is hereby authorized and approved. SECTION 2. The Mayor 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 on First Reading this /5� day of A. D., 1991. ATTEST: PAT JONES, CI7jt' SECRETARY PASSED and APPROVED on Second and Final Reading this D..cP day of 49Czs—ete_A___, , A. D., 1991. C. V. COPPN6"ER, MAYOR ATTEST: PAT JONES, CXTY SECRETARY APPROVED AS TO FORM: LESTER RORICK, CITY ATTORNEY STATE OF TEXAS i KNOW ALL MEN BY THESE PRESENTS: 1 COUNTIES OF BRAZORIA AND HARRISI AGREEMENT This agreement made this oat// day of L , 1991, 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 considera- tion 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 1st day of OCTOBER. 1991..and shall remain and continue in full force and effect until SEPTEMBER 30, 1992, and is subject to amendment or renewal as a function of the Coun- cil's budgeting process and/or further agreement of the parties as may be, from time to time, expressed in writing. 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 business, state government, and local governments to meet the new state goal of recycling 40 percent of the total municipal waste stream by 1994, to conserve existing landfill capacity and to promote public interest in the general improve- ment of the environment of the City of Pearland. To achieve these ends, Clean Pearland's duties will include the following: A. 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; B. Coordinate with appropriate Federal, State, and County agencies in matters pertaining to adequate litter con- trol and the promulgation and enforcement of all perti- nent laws and regulations; 1 C. Plan and implement programs for litter and solid waste management for the City of Pearland. D. Maintain the Keep America Beautiful Clean Community System (CCS) as delineated by Keep America Beautiful, Inc. (KAB); E. Study, investigate, and develop educational programs encouraging households to separate recyclable products from trash, thus reducing and diverting the amount of waste going to landfills; F. Establish corporate recycling programs to reduce the amount of commercial waste and capitalize on the large amount of high quality, clean, recyclable waste busi- nesses generate; G. Encourage and coordinate community efforts in the area of recycling of waste and discarded materials including but not limited to management of recycle center; H. Study, investigate and develop plans for improving the health, sanitation, safety and cleanliness of the City of Pearland, Texas, by beautifying the streets, high- ways, stream banks, lots, yards, and other similar places in the said City; I. Aid in the prevention of fires, diseases, and other casualties by the removal and elimination of trash and other debris from the aforesaid places; J. Endeavor to change the attitude of all citizens of the community with respect to littering and solid waste management through education and motivation; K. Encourage the placing, planting and/or preservation of trees, flowers, plants, shrubbery and other objects or ornamentation in said City; L. To plan and secure funding and establish a city wide Hike and Bike Trail System within the City. 3. SY-LAWS, RULES AND REGULATIONS. It is mutually agreed that Clean Pearland shall adopt its own by-laws not inconsistent with the ordinances of City of Pearland and shall have independent authority to adopt, enforce and promulgate any reasonable rules 2 and regulations governing its members and activities. 4. FUNDING AND COMPENSATION. It is mutually agreed that no member of Clean Pearland shall receive any salary from the City of Pearland for services rendered, provided that compensation in the way of reimbursements and expenses may be provided Clean Pearland and its agents from time to time by resolution by the Mayor and City Council. The City agrees to allocate to Clean Pearland the proceeds of recycling operations generated through curb side collection performed by any private sanitation firm under contract to the City, as well as proceeds from sale of any and all recyclable materials collected at drop off bins, buy back center and any special collections. THE CITY WILL PROVIDE THE FOLLOWING TQ CLEAN PEARLAND. Office space and use of phone system and postage machine; maintain space for Recycle Center and remain open as required by volume of recycling activity; coordinator for organization of activities and volunteers; and use of City personnel to erect Adopt -A -Spot signs. CLEAN PEARLAND WILL PROVIDE THE FOLLOWING TO THE CITY Qf PEAR - LAND: Continue to organize and conduct Clean Community Days; maintain the Adopt -A -Spot program (continuing community pride); coordinate KAB and KTB programs through school education and programs, photometric index, and timely progress reports; and respond to questions from community concerning recycling and curbside recycling program. EXECUTED this the oa day of 1991. ATTE • d9cryt (� Pat Jones C.V. Coppin City Secretgry Mayor CITY OF PEARLAND, TEXAS ATTEST: CLEAN PEARLAND COMMUNITY COMMITTEE av, Carol Thelan, Secretary J' Sude President Clean Pearland can Pea and 3