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Home My Public Portal AboutORD07949 ! BILL NO. .6 INTRODUCED BY COUNCILMEN: Stone, Van Loo, Scrivner, Kliegel & Hawes { ORDINANCE NO._q �� + 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 promises within the city. Section 2. Said contract shall read in words and figures as follows CONTRACT THIS CONTRACT, made and entered into this 30th day of September, 1967, by and between the City of Jefferson, Missouri, hereinafter termed the "City" and Clyde Garvin, of Jefferson City, Cole County, Missouri, herein- after 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 .22Y„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 years, beginning October 1, 1967, and expiring September 30, 1970. 3. Between October 1st and 10th of 1967 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 Workmen's Compensa- tion 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 Insur- ance 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. 1. ' M 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 per- formance 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. 7. The Authorized Contractor shall charge a residential user $2.38 each month for the collection; transportation and disposal of garbage, or garbage and trash, from each container of the user. This rate of charge shall not be champed 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 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 determination by the Health Committee shall 2. 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 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 in a schedule of charges 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 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 discon- tinuance of service for non payment, customer shall pay to the Authorized Con- tractor 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 then discontinues service before the expiration of the service period for which payment has been made, the Authorized Contractor, upon demand, shall imme- diately refund on a pro rata basis the unearned portion of the payment advanced for service. 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. 3. 10. The Authorized Contractor shall make two collections each week for residential users, and at least seventy-two (72) hours shall intervene between collections. 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 40 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 con- tainer. 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 extend the pro- visions of Sections 20.680 through 20.720 of Ordinance Number 14. The Authorized Contractor may not assign or transfer this franchise, 49- or any rights or obligations under this contract, to any other person without first obtaining written authorization from the City Council. 4. 15. Any term used in this contract, which is specifically defined in Section 20.580 of Ordinance Number, 2of 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 comply with all provisions of this contract, . IN WITNESS WHEREOF, the parties to this contract have hereunto executed same this 30th day of September, 1967. CITY OF JEFFERSON, MISSOURI a municipal corporation r John G. Christy, Mayor ATTEST: ;::.:,. ...:... City Clerk c eC e Garvin Jefferson City, Missouri 1+ ':si. Section 3. This ordinance shall take effect and be in force as of September 30, 1967 from and after its passage and approval. Passed; 7 Approve President of the Council Mayor Attest: City Clerk r: ^T. s` .j . z: