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R95-54 08-28-095 • • RESOLUTION NO. R95 -54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO RENEW AND EXTEND, FOR A PERIOD OF ONE YEAR, THE AGREEMENT, INCORPORATED HEREIN FOR ALL PURPOSES AS EXHIBIT "A ", BY AND BETWEEN THE CITY OF PEARLAND AND CLEAN PEARLAND COMMUNITY COMMIT- TEE TO PROMOTE RECYCLING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Renewal and extension of that certain agreement, annexed hereto and designated Exhibit "A" and incorporated herein for all purposes, for a period of one year, 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 th ereof. PASSED, APPROVED and ADOPTED this they Y of d da a yc , A.D., 1995. TOM REID MAYOR ATTEST: 4 4, YIl A , •A C. BEN TEZ CITY SECRETARY APPROVED AS TO FORM: ir i ? AMY ' • 5 M ULLO r' C ATTORN2 III • EXHIBIT "A" THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF BRAZORIA AND HARRIS § AGREEMENT -4-- This Agreement made this day of , 19 9.; by and between the City of Pearland, Te as, 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, 1995, and shall remain and continue in full force and effect until SEPTEMBER 30, 1996, and is subject to amendment or renewal as a function of the Council's budgeting process and /or further agreement of the parties as may be, from time to time, expressed in writing, provided, however, either party may terminate this agreement by ninety days written notice to the other party. 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 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: 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. 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; C. 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; • D. Manage the Recycle Center so long as deemed feasible by Clean Pearland. 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 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. 5. THE CITY WILL PROVIDE THE FOLLOWING TO CLEAN PEARLAND - Maintain space for the Recycle Center as needed and erection of Adopt -A -Spot signs by City personnel. 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 thisday of , 19 A ATTEST: CITY OF PEARLAND, /XAS 1 ,i Y+ .nda C. Be Atez 6 Paul Grohman City Secretary City Manager ATTEST: CLEAN PEARLAND COMMUNITY COMMITTEE All va l it/ O 3, ✓ Jul Zav 11 , Secretary Catherine H. O'Brien, President Clean Pearland Clean Pearland