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HomeMy Public PortalAboutORD06656 4 SECTION 2. This Orditmnce shall take effect and be in force from and after its passage and approval. Passed 10/6158 -.r- Approved _10_1_10158 Arthur W. Ellis /s/ Arthur W. Ellis s President of the Council Mayor 0.K..___-_�. City Treasurer ORDINANCE NO. 6656 AN ORDINANCE TO APPROPRIATE MONEY FOR THE MONTH OF OCTOBER, 1958 BE IT ORDAINED BY. THE COUNCIL OF THE CITY OF JEFFERSON, AS FOLLOWS: SECTION 1. There is hereby appropriated out of any money.. in the City Treasury not otherwise appropriated, the following: REVENUE FUND For the purpose of paying the salaries of elective and Appointive officers, the sumof------------------------------------------------$20,700.00 For the purpose of paying City Engineer, foruse of car, the sum of----------------------------$--------- For the purpose of paying City Marshal, for useof car, the sum of-------------------------rr-----$-----r--- Advance Collectors commissions--------------------------$ 500.00 Advance Assessors commissions---------------------------$ 200.00 VEHICLE FUND For the purpose of paying weekly wages of laborers, freight andincidentals under the Street Commissioner, the sum of-------------------$ 6,000.00 TRAFFIC AND VEHICLE FUND For the purpose of paying the salary of Street Commissioner and Traffic Orricers, thesum if--------------------------------------------$ 39570.00 For the purpose of paying weekly wages of laborers, freight and incidentals under the Street Commissioner, the sum of-------------------$ 6,000.00 SECTION 2. - This Ordinance shall take effect and be in force from and after its passage and approval. Passed 10/6/58 Approved .10/10/58 Arthur W. ElliF s Arthur W. Ellis s President of the Council Mayor 0. K. City Treasurer ORDINANCE NO. 6657 AN ORDINANCE REPEALING ORDINANCES NUMBERS 3432, 3725, 4277 AND 5985 OF THE CITY OF JEFFERSON, MISSOURI, RELATING TO GARBAGE, COLLECTION kND DISPOSITION OF SAME, LICENSES, EQUIPMENT AND THE INSPECTION THEREOF, AND THE BURNING OF .GARBAGE, AND ENACTING A NEW ORDINANCE REGULATING THE COLLECTION, TRANSPORTATION AND DISPOSITION OF GARBAGE, RATES TO BE CHARGED, SERVICES TO BE RENDERED, AND OTHER MATTERS, AND PROVIDING A PENALTY FOR THE VIOLATIONS THEREOF. saw IBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, S FOLLOWS: ,Section 1. Ree2eal Clause. Ordinances numbered 3432 (being Section ii778-781 R.O. of the City of Jefferson, 1956) , 3725 (being Sections 782-785 R.O. of the City of Jefferson, 1956) , 4277 (being Sections 786-789 R.O. of the City of Jefferson, Missouri, 1956) , and 5985 (being Section 1290 R.O. of the City of Jefferson, 1956) be and the same are hereby repealed. Section 2. Statutory Authority. Pursuant to Sections 71.680 - 71.M. and Sections 64.460 64.487 Revised Statutes of Missouri, the provisions of this ordinance are hereby enacted to control and regulate adequately the collection, transportation, disposal, burning and storage of garbage, trash and refuse within this city. Section 3. Definitions. The following, words and phrases, when the appeal within this ordinance, shall have the following meaning: (a) Person - "Person" shall mean any person, partnership, association or corporation. (b) City - "City" shall mean the City of Jefferson, Missouri (c) Contractors - "Contractor" shall mean the person who is obligated under a contract with the City to perform services under the authority of this ordinance. (d) Garbage - "Garbage" shall mean all putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. (e) Trash - "Trash" shall mean paper, empty food and drink containers, cans, bottles, glass and crockery. (f) Refuse - "Refuse" shall mean such items as boxes, wood, construction or repair debris, grass and shrubbery cuttings, tree limbs, and other normal home or yard refuse, but does not include garbage or trash. Section 4. Contract Authority. The Mayor and City Clerk of the city are hereby authorized and directed to execute a contract on behalf of the. City with the person, hereinafter termed the contractor, who has submitted the lowest and best bid, in the judgment of the City Council, for the collection, transportation an disposal of the garbage, trash and refuse from premises within the city. Such contract shall contain such provisions as shall be hereinafter mentioned in this ordinance and such other provisions as may be mutually agreeable to the parties. Section 5. Exclusive franchise, term, extension thereof, and exceptions thereto. (A) . The contractor shall be given a sole and exclusive contract to collect, transport and dispose of all garbage, trash and refuse from premises located within the city. Said contract shall be for a term of five years commencing October 1, 1958 and terminating September 30, 1963, provided that the contract shall be renewed for an additional perioed of five years unlebs either party gives notice in writing to the other party of its intention not tdextend said contract before March 31, 1963. (b) . Any person presently, or hereafter to be, engaged in tie eollection of paper, cardboard and other paper products for the purpose of resale or reuse, shall be permitted to conduct said business. (c) Any person owing or occupying premises within this city may personally collect, remove, transport and dispose of his own garbage, trash or refuse from said premises if, in so ! doing, no nuisance is caused or maintained. iSection 6. License Fee. (a) . The contractor shall pay an annual fee of $50.00 to the City Collector between October 1st and 15th of each year during the effective term of the contract for a license to operate the business. (b) . In addition, within the same period and at the same time, the contractor shall pay annually a license fee in the amount of $10.00 dollars for each truck used in the collection and transportation of garbage, trash and refuse from premises within this city. Section 7. Bond. The contractor shall post a corporate surety bon in the amount of $5,000.00 with the city clerk, which bond, by its terms, shall guarantee to the city the full and faithful performance by the contractor of his obligations under the terms of the contract Said bond shall be executed in favor of the city and must be approved by the Mayor and the City Council of the city. Section 8. Indemnification of city, . insurance requirements. (a) . Me contractor shall indemnify and hold harmless the city from any and all obligations, claims, demands, actions, suits, cuase of action, j dgments, or damages resulting from performance of the contract by the contractor, his agents, servants or employees. (b) Contractor shall take out and maintain in force Workmen's Compensation Insurance covering all of his employees. Contractor shall take out and maintain in force Public Liability and Property Damage insurance in the minimum amounts of $50,000.00 one person - $100,00.00 one accident and $10,000.00 property damage covering all vehicles and equipment operated in performance of the contract. Contractor' s insurance carrier shall be required to file with the City Clerk a certificate of insurance showing the aforementioned coverages, and said certificate shall provide that it will be on-cancellable unless ten days notice of intent to cancel said coverage is given to the City. Section 9. County License. If the County Court of the County in which the contractor' s disposal area is located has adopted the provisions of Sections 64.460 to 64.487 R. S. Missouri, contractor shall be required to obtain a license from said County Court to operate and maintain his disposal area. Section 10. Disposal Area Operation. 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 all regulations promulgated by the Board of Health of the State of Missouri in connection therewith under, the authority of Section 64.477 R. S. Missouri. Section 11. Charges for service, residential. (a) The rate to be charged during the term of said contract, or any extension thereof, to residential users of the contractor' s services shall be as follows; 1. $1.50 per month for each single family residence for collection of garbage, trash or both, not to exceed 30 gallons per collection. . 2. $0.90 per month for each family residing in a multiple family residence for collection of garbage, trash or both, not to exceed 30 gallons per collection. (b) Contractor shall agree that no increase in rates for these services shall be charged without first obtaining the prior approval and consent to the increased rates from the City Council. Section 12. Charges for service, commercial, appeals. (a) Contractor shall charge a reasonable rate, which shall be agreed upon by the contractor and the patron, to hospitals, otels, taverns, restaurants, grocery stores, drug stores, meat markets, clubs, churches, schools, stores, shops, factories, offices industrial plants and all other commercial or business premises for the collection, transportation and disposal of their garbage, trash and refuse, taking into consideration the proposed frequency of service, loading conditions, and the weight, size and type of materials involved. (b) In the event a reasonable charge cannot be agreed upon by contractor and the patron, either party may appeal to an appeal board to consist of the five council members of the city who are on the City Board of Health fox, a determination of a proper and Ilreasonable charge. The appeal board shall take into consideration lthe same factorm mentioned above and in addition thereto shall -consider the rates charged to other commercial users. The decision lof the appeal board shall be final. + Section 13. Frequency of collections. (a) Contractor shall provide at least two collections per week for residential users of his services. These collections shall be so spaced so that at least seventy two hours will intervene between collections for the same patron. (b) Contractor shall make such extra or additional collections for residential users as requested for which contractor shall be entitled to make a reasonable charge to be negotiated with the patron requesting the service. (c) Collections shall be made daily, except Sunday, for all commercial users of said service if requested or needed. Section 14. Collection of rates charged. (a) The contractor shall be solely responsible for the collection of all charges made to patrons of his services. (b) The charges authorized herein may be made or collected monthly or quarterly in advance of the rendition of the service if the contractor should so elect, and in every case in which the contractor shall request payment of his charge in advance, he shall not be obligated to render such service to any patron or applicant therefor until after such charge shall be paid by such patron or applicant. Nothing shall prevent the contractor from collecting charges in advance from some of his patrons and making different arrangements for payments by other patrons. Section 15. Office to be maintained. Contractor shall maintain an office within the city, equipped with a telephone therein, and staffed with an employee between the hours of 8:00 a.m. and 5:00 p. . Mondays through Fridays inclusive of each week and between the hour of 8:00 a.m. and 12:OO. noon on Saturday of each week, for the purpose of giving information of the nature of contractor' s services and to collect charges. Section 16. Use of disposal area by persons who are not patrons. (a) Contractor shall keep his disposal area open to accept the garbage, trash and refuse from premises within the city as same be privately transported, by residents of the City from time to time between Monday morning and Saturday noon of each week. (b) Contractor shall permit residents of the City to transport and dump their own garbage, trash and refuse in his disposal area upon payment of a reasonable charge to be agreed upon by the contractor and the resident, said charge to be based upon the size, weight and type of materials involved. Section 17. Operations of others prohibited. No person other than the contractor, or his employees, shall collect, transport and dispose of garbage, trash and refuse from any place within this city for any person, or, accept money or any other thing of value for the removal of such garbage, trash or refuse of any other person. No person having garbage, trash or refuse to be disposed of shall engage, contract with or pay any one other than the contractor, or his authorized representative, to collect, transport and dispose of such garbage, trash and refuse. Section 18. Garbage and trash cans use of and regulations concernling (a) All garbage and trash placed outdoors in the City shall be deposited and kept in either corrugated, galvanized metal or durable plastic garbage containers, of a capacity not to exceed thirty (30) gallons, equipped with suitable handles to facilitate simple handling and emptying of the containers by the employees of the contractor. r;f rZ (b) Said containers shall be watertight, equipped with lids which fit with sufficient tightness to prevent the escape of obnoxious odors, and the containers shall be tightly closed. (c) Patrons shall provide their own containers, and where there are two or more families residing in a multiple family dwelling, there shall be a separate container for each family that is a patron of the contractor. (d).'.; No free water or other liquids shall be placed in the containers except for purpose of cleaning same, and all garbage and trash shall be drained of water and all other liquids before deposit in the containers. (e) Garbage and trash containers shall be kept at or to the rear and outside of any dwelling or building of any patron, and at such place which will permit contractor to have free, unobstructe and reasonably convenient access thereto. (f) No patron. of the contractor shall permit any garbage or trash other than his own to be deposited within his container, and no person shall deposit any garbage or trash in any container of another person who shall be a patron of the contractor. (g) Contractor shall have the right to refuse service to any patron or applicant for service who fails to comply with the requirements of this section of the ordinance. Section 19. BurAing of garbage prohibited. No person shall burn any garbage within this city. Section 20. Dumping of trash or garbage prohibited. No. persons shall dump or deposit any garbage or trash upon any lot, street, alley, public or private property within this city; provided that trash may be tempirarily placed on the property of the owner under such conditions as will not create a nuisance. Section 21. Contractor's equip Ment.. The contractor shall provide, operate and maintain suitable and adequate equipment for rendering the services provided for in said contract. The truck or trucks used in the collection and transportation of garbage and trash shall have tight steel bodies and covers to prevent leakage and spillage and the accumulation of flies. Said collection and transportation services shall pe`performed in such a manner as will hold leakage, spillage and fly accumulations to the minimum. The inner and outer surfaces of the bodies of said vehicles shall be painted and thoroughly washed and cleaned each day while used in the collection service. The beds of the vehicles shall be enclosed. The beds shall be kept closed as much as practicable under normal operating circumstances. Section 22. Location of disposal area. The location of the contractor' s disposal area must be approved by the Council. The disposal area shall not be relocated or changed without the authorization and approval of the Council of the city. Section 23. Transferability of the contract. The rights of the contractor under the terms of this contract shall not be assigned or transferred to any other person unless the permission of the City Council is first obtained. Section 24. Penalties . Any person violating any of the terms or provisions of this ordinance shall be deemed guilty of a misdemeanor , and upon conviction thereof, shall be fined not less than $1.00 nor more than $100.00. Each day of a continuing violation shall be deemed a separate and distinct offense.