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ORDINANCE N•
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ORDINANCE OF THE CITY OF 1 MISSOURI, 11 / ' AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A 'CONTRACT ON BEHALF '!
OF THE CITY, WITH CLYDE GARVIN, RELATING TO THE COLLECTION�
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BE ORDAINED BY THE CITY COUNCIL OF OF 1
/ MISSOURI,
Section 1. The Mayor and the City Clerk of the City of
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on behalf of the City, with Clyde Garvin, relating to
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collection, removal, transportation and disposal of garbage
trash from premises within the city.
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on 2. Said contract shall read in words and figures
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as follows:
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CONTRACT
THIS CONTRACT made and entered into this L2 day of
No*embe-r, 1970, by and between the City of Jefferson, Missouri.,
hereinafter termed the "City" , and Clyde Garvin, of Jefferson
City, Cole County, Missouri, hereinafter termed the "Authorized
Contractor":
WITNESSETH
1. The City hereby grants to the Authorized Contractor the
exclusive right, privilege and franchise, subject to the provision
of Ordinance Number rf 3_)v of the City, to collect, transport
and dispose of all garbage from premises within the City.
2 . This franchise shall extend for a term of three (3)
years, beginning December 1, 1970, and expiring November 30, 1973.
3. Between December 1 and 10 of 1970, and each year
thereafter during the term of the franchise, the Authorized
Contractor shall pay the City Collector $50.00 plus $10.00 for
each truck used in the transportation of garbage from premises
within the City, as an occupation tax to engage in business
pursuant to the exclusive franchise granted by the City.
4. Contractor shall take out and maintain in force Work-
men's Compensation Insurance on all employees and he shall take
out and maintain in force Public Liability and Property Damage
Insurance in the minimum amounts of $50,000.00 one person,
$100,000 .00 one accident, and $10,000.00 property damage, covering
all vehicles and equipment operated in performance of this contract.
The insurance carrier will be required to file a Certificate of
Insurance Coverage with the City Clerk showing the aforementioned
coverages, and said insurance shall be non-cancellable unless
written notice of intention to cancel is given to the City at least
thirty (30) days before any intended date of cancellation.
Contractor shall indemnify and hold harmless the City from
any and all obligations , claims , demands, actions , suits , causes
of action, judgments or damages resulting from performance of this
contract by the contractor, his agents , servants or employees.
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Amendment Bill No. 63.
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Amend Section 7 of paragraph 2 to read as follows:
At the sole option of the customer, the customer may purchase thirty gallon
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or more plastic bags from the contractor for a charge not to exceed thirty
30) cents per bag. This charge shall be the total cost per bag for the
collection, transportation and disposal of said bag of garbage or trash. The
customer shall place the bag at the rear or front property line as the
contractor shall designate. The contractor shall be responsible for removing
#t any spilled garbage or trash when picking up the bag. In no event shall the
city be responsible or liable for the disposition of said bags or their contents.
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Contractor shall post a surety bond in the amount of
$5,000.00 with the City Clerk, which bond shall guarantee to the
City the full and faithful performance of his obligations under
the terms of this contract. Said bond shall be executed in
favar of the City and shall be approved by the Mayor.
5. Contractor shall operate his disposal area by the
method known as the Sanitary Landfill method, and he shall ovsery
and comply with all rules and regulations promulgated by the Boar
of Health of the State of Missouri in connection therewith under
the authority of Section 64.477, Revised Statutes of Missouri.
The disposal area of the Authorized Contractor shall
be located with the approval of the City Council, and the locatio
shall not be changed without the consent of the Council.
6. Thh Authorized Contractor shall have an office in the
city, equipped with telephone and adequate personnel to accept
calls and collect charges. The Authorized Contractor shall keep
the office and the disposal area open to the public between the
hours of 8:00 a .m. and 5:00 p.m. , Monday through Friday of each
week, excluding legal holidays, and between the hours of 8: 00 a.m.
and 12:00 noon on Saturdays of each week when not a legal holiday.
• 7. The Authorized Contractor shall charge a residential
user $4.00 each month for the collection, transportation and
disposal of garbage, or garbage and trash, from each container of
the user.
..^-� y�. At the sole option of the customer, the customer may
purchase thirty gallon or more plastic bags from the contractor
for a charge not to exceed .30 per bag. This charge shall be the
total cost per bag for the collection, transportation and dispose
of said bag of garbage or trash.
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"a These rates of charge shall not be changed during the
term of the franchise without the consent of the City Council.
The Authorized Contractor may charge such rate as may
be negotiated with a business user for the collection, removal
and disposal of the garbage, trash, or both, of the business user.
If a rate cannot be negotiated for the collection, removal and
disposal of garbage, the Health Officer of the city shall fix a
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reasonable monthly charge for such service, after taking into
consideration the time consumed in providing service and the
volume of garbage involved. The decision of the Health Officer
shall be final unless either party files a written notice of
intention to appeal to the Health Committee of the city within
twenty-four (24) hours thereof. The Health Committee shall
consider the same factors mentioned above and the rate determina-
tion by the Health Committee shall be final. If a rate for the
removal of garbage is negotiated, or fixed by the Health Officer or
the Health Committee and accepted by the business user, the busi-
ness user shall be entitled to use the services of any other
licensed collector for the removal of trash from his premises
unless a rate of charge for the removal of the trash of the
business user may be negotiated with the Authorized Contractor.
The Authorized Contractor shall allow any resident of
the city and any licensed collector of trash to dispose of their
garbage, trash and rubbish at the disposal area of the Authorized
Contractor upon the payment of a fee established prior to October
1, 1970, in a schedule of charges published by the contractor with
the approval of the City Council. The schedule of charges shall
not be changed during the term or the franchise without the
consent of the City Council, and it shall be posted at the office
and disposal area of the Authorized Contractor and in the City Hall
Building for the information of residents of the city.
8. The Authorized Contractor shall collect all charges
from users of his services or facilities; provided, however, such
barges may be required to be paid in advance on a monthly,
i-monthly or quarterly basis, and if so required and not paid, the
uthorized Contractor may refuse service to such user failing to
ay in advance. Service may be discontinued to any customer who
ails to pay for same within thirty (30) days after being billed
therefor. Upon discontinuance of service for non-payment, customer
® hall pay to the Authorized Contractor a reinstatement charge of
1.00, in addition to the regular service charge due, to have
ervice reinstituted. In the event any user pays in advance and
hen discontinues service before the expiration of the service
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period for which payment has been made, the Authorized Contractor,
upon demand, shall immediately refund on a pro rata basis the
unearned portion of the payment advanced for service.
If a residential user elects to purchase plastic bags
from the Contractor for use in the disposal of garbage, he may
purchase any number of bags desired above a minimum purchase of
ten (10) bags.
9. The Authorized Contractor shall notify the Health
Officer of the name, address , or both, of any resident of the city
that does not use the service of the Authorized Contractor in the
collection, transportation and disposal of garbage.
10. The Authorized Contractor shall make two collections
each week for residential users , and at least seventy-two (72)
hours shall intervene between collections. Collection of plastic
bags may be at the front or rear lot line of the user, as the
Contractor shall designate.
The Authorized Contractor shall make any additional
collections requested by residential users and be entitled to make
an additional charge therefor to be negotiated with the residential
user requesting such service.
The Authorized Contractor shall make daily, or with such
frequency as may be necessary, collections for business users .
The Authorized Contractor shall not be required to make
collections on Sundays or Legal Holidays for any user.
11. In the removal and transportation of garbage, trash, or
both, the Authorized Contractor shall use only vehicles with
sanitary, leak proof and enclosed beds . While operated, the
openings in the bed of the vehicle shall be kept closed except
hen garbage, trash, or both, is being deposited in the bed of the
J vehicle. The inside of the bed of each behicle shall be washed
and cleaned each day the vehicle is operated. The outer surface
of the vehicle shall be washed at least once each week and shall
be painted as often as may be necessary to preserve an acceptable
appearance to the city.
12. Every container shall be kept tightly closed between
collections or removals of its contents . Each residential user
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shall provide their own container. Liquids shall not be placed in
a container with garbage, trash, or both. No person shall place
any garbage, trash, or both, in a container other than his own.
No person shall permit the garbage, trash, or both, of another
person to be placed in his container. Each residential user shall
place their container at the ground level to the rear, outside and
immediately adjacent to the user's dwelling so that the Authorized
Contractor shall have free access thereto, unless the Authorized
Contractor shall agree to a different location for the container.
13. The City agrees to enforce to the maximum possible
extent the provisions of Sections 20. 680 through 20. 720 of
Ordinance No. x'3,0
14. The Authorized Contractor may not assign or transfer
this franchise, or any rights or obligations under this contract,
to any other person without first obtaining written authorization
from the City Council.
15. Any term used in this contract, which is specifically
defined in Section 20.580 of Ordinance No. 2.J,_Da of the City,
shall have the same meaning as is accorded the term in Section
20.580 of that ordinance.
16. It is understood and agreed that the Authorized
Contractor and the City have read and will fully abide by and com-
ply with all provisions of this contract.
IN WITNESS WHEREOF, the parties to this contract have
hereunto executed same this 1- day of No r% 1970.
CITY OF JEFFERSON, MISSOURI
A Municipal orporation,
By
ATTEST John G. Christy, May r
ty Clerk
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Clyde Garvin,
Jefferson City, Missouri. -
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Section 3. This ordinance shall take effect and be in
force as of December 1, 1970, from and after its passage and
approval.
Passed Approved
QV;' /VV/ Ic
P sident of the Coun4f Mayor
Attest
City Clerk
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