HomeMy Public PortalAboutORD08608 BILL NO.
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INTRODUCED BY COUNCILMAN �„�
ORDINANCE NO. L a A
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT ON BEHALF
OF THE CITY, WITH CLYDE GARVIN, RELATING TO THE COLLECTION,
REMOVAL, TRANSPORTATION AND DISPOSAL OF GARBAGE AND TRASH FROM
PREMISES WITHIN THE CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and the City Clerk of the City of
(! Jefferson, Missouri, are authorized and directed to execute a
contract on behalf of the City, with Clyde Garvin, relating to the
collection, removal, transportation and disposal of garbage and
trash from premises within the city.
Section 2. Said contract shall read in words and figures
as follows:
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CONTRACT
TI•iIS CONTRACT made and entered into this �oy'Q. day of
November, 1973, 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 provisions
of Ordinance Number 8320 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 one year,
commencing on October 1, 1973 and expiring September 30, 1974 and
for two successive terms of one (1) year each; provided, however
that either party may terminate this franchise at the expiration of
the original term or at the expiration of any subsequent annual term
by delivering to the other party a notice in waiting of such termina-
tion at least thirty (30) days prior to the date of any such expiration.
3. Between October 1 and 10 of 1973, and each year there-
after 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
0 granted by the City.
4. Contractor shall take out and maintain in force Workmen' 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 filed 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
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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.
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
favor 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 observe
and comply with all rules and regulations promulgated by the Board
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 location
shall not be changed without the consent of the Council.
6. The 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.
0 7. The Authorized Contractor shall charge a residential
user $4. 80 each month for the collection, transportation and
disposal of garbage, or garbage and trash, from each container of
the user.
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 thirty-six (. 36) cents per bag. This
charge shall be the total cost per bag for the collection, transpor-
tation 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
Oemoving any spilled garbage or trash when picking up the bag . In
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no event shall the city be responsiblo or liable for the disposition
AOL 19of said bags or their contents .
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 upon any anniversary date of this contract
apply to the City Council for an adjustment .in his rates.
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 reasonable
onthly charge for such service, after taking into consideration the
time consumed in providing service and the volume of garbage in-
volved. 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 determination 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 business user shall be entitled to use
lie 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, 1973 , 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 of the franchise without the consent
Wf the City Council , and it shall be posted at the office and
disposal area of the Authorized Contractor and in the City Hall
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Building for the information of residents of the city.
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8. The Authorized Contractor shall collect all. charges
from users of his services or facilities ; provided, however, such
charges may be required to be paid in advance on a monthly , bi-
monthly or quarterly basis , and if so required and not paid, the
Authorized Contractor may refuse service to such user failing to
pay in advance. Service may be discontinued to any customer who
fails to pay for same within thirty (30) days after being billed
therefor. Upon discontinuance of service for non-payment, customer
shall pay to the Authorized Contractor a reinstatement charge of
$1.00, in addition to the regular service charge due, to have
service reinstituted. In the event any user pays in advance and
0 then discontinues service before the expiration of the service
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.
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The Authorized Contractor shall not be required to make
collections on Sundays or Le(jal 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 when garbage, trash,
or both, is being deposited in the bed of the vehicle. The inside
of the bed of each vehicle 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
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. &220
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. o of the
City, shall have the same meaning as is accorded the term in Section
.580 of that ordinance.
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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 r4, day of November, 1973.
CITY OF JEFFERSON, MISSOUR
A Municip Corpo a ion,
By
.7 C ri s ty, ay r
ATTEST
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Am City Clerk
C y a Ai n,
Jeff son City, Missouri.
Section 3 . This ordinance shall take effect and be in
force as of November , 1973 , from and after its passage and
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approval. � • / /
Passed Approved ,
C�
Pres e o e C ci Mayor
Attest
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