HomeMy WebLinkAboutCommForm.1722.08-03-1956COMMISSION FORM ORDINANCE NO. 1722
AN ORDINANCE REPEALING COMMISSION FORM ORDINANCE
NO. 1474, PASSED AND APPROVED ON THE 19TH DAY OF
AUGUST, 1953, AND COMMISSION FORM ORDINANCE NO.
1502, PASSED AND APPROVED ON THE 15TH DAY OF
MARCH, 1954, AND .ENACTING IN LIEU THEREOF AN
ORDINANCE PROVIDING FOR THE COLLECTION, REMOVAL
AND DISPOSAL OF GARBAGE AND RUBBISH WITHIN THE
CITY OF CAPE GIRARDEAU, MISSOURI, AND PRESCRIBING
PENALTIES FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
That Commission Form Ordinance No. 1474, passed and
approved on the 19th day of August, 1953, and Commission Form
Crdinance No. 1502, passed and approved on the 15th day of
March, 1954, be, and the same hereby are, -repealed, and the
following ordinance enacted in lieu thereof:
SECTION 1: DEFINITIONS. The following terms are, for
the purpose of this ordinance, defined as follows:
(a) AUTHORIZED COLLECTOR. A person, firm or corpora-
tion with whom the City has contracted for the collection,
removal and disposal of garbage and rubbish.
(b) BUSINESS ESTABLISHMENT. Stores, restaurants,
hotels, offices, wholesale establishments, retail establishments,
hospitals, plants, shops, manufacturing establishments, schools
and churches. (The term shall not be construed to include
apartments, flats, private dwellings or boarding houses.)
(c) CITY. The City of Cape Girardeau, Missouri, a
municipal corporation. Whenever the word "City" is used in
a territorial sense, it shall mean and be held to refer to the
territory included within the corporate limits of the City of
Cape Girardeau, Missouri, as such limits now exist or may from
time to time be extended or retracted and exist.
(d) HEALTH COMMISSIONER. The Health Commissioner of
the City of Cape Girardeau, Missouri.
(e) GARBAGE. All refuse and waste of animal, fruit or
vegetable matter, liquid or otherwise, that attends preparation,
use, cooking, dealing in or storing of meat, fish, fowl, fruit
or vegetables, and any and all trimmings therefrom, from homes,
kitchens, apartments, hospitals, schools, institutions,
business and commercial establishments, including both retail
and wholesale, and all similar establishments.
(f) RUBBISH. Refuse such as waste paper, rags, cartons,
boxes, excelsior, leather, cloth materials, shrub and tree
trimmings tied in bundles not to exceed four (4) feet in length,
yard trimmings, tin cans, glass, bottles, crockery, ashes and
clinkers from heatj�g plants or furnaces, or other materials
which can be placed in the containers specified in Sections 5
and b of this ordinance, except materials which make the
containers too heavy to be handled by one man.
2
The term rubbish shall not include ashes or cinders
from other than household or small heating plants,
tree limbs., street sweeping, catch basin murk, concrete, dirt,
concrete mortar or plaster mortar, stones, bricks, scrap metal,
or other similar construction materials or materials resulting
from the erection or destruction of buildings.
SECTION 2: CITY SHALL PROVIDE FOR COLLECTION, REMOVAL
AND DISPOSAL OF GARBAGE AND RUBBISH. All garbage and rubbish
as defined in Section 1 (eand _(71T of this ordinance within
the City shall be collected, removed and disposed of by the
City or an authorized collector, in accordance with and
subject to the provisions of this ordinance. Provided,, however,
nothing in this ordinance shall be construed as prohiEiting
duly authorized and licensed haulers or collectors from
collecting and removing garbage and rubbish from business
establishments as defined in Section 1 (b).
SECTION 3: DISPOSITION OF GARBAGE OR RUBBISH UNLAWFUL -
WHEN. it shall be unlawful for any person, firm or corpora-
tion to dispose o--'--' any garbage or rubbish by depositing the
same in or on any public alley, street, roadway, highway,
vacant lot., or property of any kind or character within the
City or in any stream or body of water within the City, or by
burning the same, except that persons desiring to haul rubbish
from their own residence may dispose of the same by dumping it
on the authorized collectorts dump upon payment of a reasonable
fee to said authorized collector. The 'Lee to be charged to
persons currently paying the authorized collector for service
shall not exceed 506 for each load of rubbish of the type
which customarily accumulates at a residence, and shall not
exceed $1.00 for each such load for persons not currently
taking the service. Rubbish other than the type which cus-
tomarily accumulates at a residence, such as tree limbs,
concrete, dirt, concrete mortar., plaster mortar, stones, bricks,
scrap metal, or construction material resulting from the
erection or destruction of buildings, may be dumped by resi-
dential owners or occupants on the dump maintained by the
authorized collector for a fee to be mutually agreed upon. In
case of a dispute between the authorized collector and the
residential owner or occupant as to whether the rubbish
proposed to be dumped is of the type which customarily
accumulates at a residence, or is of the type above described,,
the Health Commissioner of the City of Cape Girardeau shall
decide the question and both parties shall abide by his
decision. Nothing herein contained shall be construed to
authorize the dumping of rubbish by business establishments,
or the owners thereof, as defined in Section 1 (b) of this
ordinance. And provided further that nothing in this ordinance
shall be construed to Drohibit the disposition of garbage in
a garbage disposal unit nor the disposition of garbage or
rubbish in an incinerator enclosed within a building and
approved by the Building Inspectors And 2rovided further
that waste paper, paper boxes, leaves and light" rubbish may
be burned between the hours of 6:00 a.m. and 6:00 p.m. in an
outdoor incinerator, metal container or masonry pit approved
by the fire chief of the City.
® 3
SECTION 4: S-ANITARY HANDLING OF GARBAGE BY HOUSEHOLD -ER.
Garbage at all but business establishments shall be drained.
wrapped in paper or placed in sanitary bags and kept dry in
metal container until removed by the City or its authorized
collector.
SECTION 5: CONTAINERS MUST BE PROVIDED. Each and
ever= owner, tenant, housekeeper, or other person or persons
occupying any room, dwelling house, apartment, or other
building or portion thereof, and producing or responsible for
the disposal of garbage or rubbish which is to be collected by r~
the City, or its authoaized collector or a duly authorized and
licensed hauler, shall provide, and renew when necessary, a
sufficient number of containers to hold the garbage or rubbish
accumulating therein.
SECTION b: KIND OF CONTAINERS TO BE PROVIDED. All
containers shall be of :metal with tight fitting covers, with
strong handles on the outside, and shall be water tight.
:Each container shall have a capacity of not less than five
(5) gallons nor !ore than thirty (30) gallons, and within
these limits shall be sufficient capacity to hold all the
garbage and rubbish accumulating on the premises between
collections, and the contents thereof shall be kept in such
condition that it can, at all times, be readily and fully
removed by the City, its authorized collector or a duly
authorized and licensed hauler.
SECTION 7: UNLAWFUL TO PLACE CONTAINERS ON PUBLIC
STREETS OR ALLTYS. It shall be unlawful to place or keep
containers on any public street, alley, place or elsewhere,
except on private property. Provided, however, containers
may be placed on designated locations along public streets or
alleys on collection days for a sufficient length of time to
permit the City or its authorized collector to make collection
of such garbage and rubbish.
SECTION S: LOCATION OY CONTAIN'ERS. Containers for
garbage or rubbish shall be placed and at all times kept and
provided on private property. Provided, however, that on
collection day such containers shall be placed in plain view
at the rear of the premises adjacent to the alley when such
property abuts on an improved, usable public alley and when
such property does not abut on such an alley, then_ such
containers shall, on collection days, be placed in plain view
adjacent to the rear building line of such premises. If more
than one container is necessary to hold the garbage or rubbish
accumulating on the premises, or if more than one container is
used for the garbage or rubbish from any building, all con— /
tainers shall be placed at the same location for collection.,/
SECTION 9: CONTAINERS TO B-E MAINTIIIN D BY OWNER.
All containers shall be maintained in a good and sanitary
condition by the owner thereof.
SECTION 10: IATERIAL OTHER THAN GARBAGE OR RUBBISH
NOT TO BE PLACED IN CONTAINERS. It shall be unlawful for any
person, firm, or corporation to deposit in a container from
which garbage or rubbish is to be removed by the City or its
authorized collector, any material other than garbage or
rubbish, as defined in this ordinance. If any container
contains any material other than garbage or rubbish, neither
the City, nor its authorized collector shall be obligated to
remove the contents of such container.
,4
SECTION 11; FREQUENCY AND TIME OF COLLECTION. NUMBER
OF COLLECTIONS WEEKLY.
(a) The City or its authorized collector shall collect
and remove garbage and rubbish from the premises of dwellings,
apartments and flats two (2) times weekly, except that no
collection shall be made on Sunday, and there shall be an
interval of at least two (2) days between each, collection.
(b) TIME OF COLLECTIONS. All collections shall be
made between the yours of six a.m. and six p.m.
SECTION 12: TYPE OF VEHICLE TO BE USED. The City, its
authorized collector or duly authorized and licensed hauler,
shall, in the collection of garbage and rubbish, use only
enclosed, sanitary and leak proof vehicles which comply with
requirements of the Health Department.
SECTION 13: ADDITIONAL SERVICE: Should any resident
or householder desire more frequent or greater service than
that above set forth, the same and the charges therefor shall
be a matter of private contract between such resident or
householder and the City or authorized collector.
SECTION 14: CONTRACT FOR COLLECTION
DISFOSIL OF GI.RBAGE AND RUBBISH. BILLING AN
,ymv iuEg Ywqw. he city may provia.e, by contract, ror the
collection of garbage and rubbish within the City of Cape
Girardeau, Missouri, the removal therefrom and disposal thereof
on whatever basis is deemed reasonable and advisable by the
City Council of the City of gape Girardeau, Missouri. In the
event such contract provides for specific service charges to
be paid by each householder, establishment or other firm,
person, or corporation receiving and accepting such service
to the duly authorized contractor, or a duly licensed hauler,
then all billing_ for and collection of such service charges
shall be by the duly authorized collector or duly licensed
hauler without any obligation or duties resting on the City.
Provided, however, that such duly authorized collector or
duly licensed hauler shall be authorized to discontinue the
service of picking up, removing and disposing of such.garbage
and rubbish to any -person, Firm or corporation who fails to
pay the service charge in advance therefor.
SECTION 15: CONTRACTS TO BE LET TO LOWEST AND BEST
BIDDER. All contracts for collecting, removing and disposing
of garbage and rubbish under the provisions of this ordinance
shall be let to the lowest and best responsible bidder, the
right being reserved to reject any and all bids, provided, if
no bids are received or all are rejected, the City may proceed
to let the contract as if no bids had been sought or received
by advertising for new bids.
SECTION 16: CITY CLERK TO ADVERTISE FOR BIDS. .The
City Clerk shall advertise for sealed bids, for any work to
be done by contract under the provisions of,this ordinance,
by publication for two (2) consecutive weeks in a weekly
newspaper or by one (1) or more publications each week for
two (2) consecutive weeks in a daily newspaper published or
having general circulation and distribution in the City of
Cape Girardeau, Missouri. The last publication shall be not
less than ter_ (10) days prior to the opening of said bids.
5 -
SECTION 17: BIDS TO BE OPENED AT PUBLIC MEETING IN
PRESENCE OF MAYOR AND CITY COUNCIL. All sealed bids shall be
opened in the presence of the members of the City Council and
the Mayor at a public meeting of the City Council at a date to
be designated by the City Council.
SECTION 18: PERIOD OF CONTRACT. The published notice
shall call for sealed bids for a contract period from
August 29, 1956 to December 31, 1959, inclusive, and for three
(3) year periods thereafter, and the City shall accept that
bid which, in its judgment, will best serve the interests of
the City. Said contract shall provide that the term thereof
may be extended for an additional three (3) year period upon
the mutual agreement of tae City and the authorized collector.
SECTION 19: GUARANTY OF BID. Each bid shall be
accompanied by cash or a certified or cashierts check on some
bank or trust company in the City or County- of Cape Girardeau,
Missouri, payable to the City of Cape Girardeau, Missouri,
in the sum of Five Hundred 0500.00) Dollars as a guarantee
that the successful bidder will, upon the award being made,
enter into the contract hereinafter provided for, the cash or
checks of unsuccessful bidders to be returned to them.
SECTION 20: CONTRACT REQUIRED. Upon the award being
grade, the successful bidder shall, within ten (10) days, file
with the City Clerk a contract duly executed by him for the
doing of the work, and within said ten (10) days shall likewise
file with the City Clerk a bond in the amount of Five Thousand
($5,000.00) Dollars with securities to be approved by the
Mayor, conditioned on said contract and that the said successful
bidder will comply with all of the laws, ordinances, rulings
and orders of the United States, the State of Missouri, the
County of Cape Girardeau, and the City of Cape Girardeau, and
that he make payment to all persons whom he :may become indebted
to by reason of this contract, and that he will pay all damages
to the City of Cape Girardeau, that may arise from injury to
person or property as the result of any negligence on his part
in the doing of the work, and should the bidder fail to execute
said contract or to file bond as herein provided, within the
time specified, to -wit, ten (10) days, the deposit herein
referred to shall be forfeited to the City as liquidated
damages. Upon filing the contract and bond as herein provided,
the amount accompanying his bid shall be returned to nim.
SECTION 21: BIDDERS TO FURNISH STATEMENT OF FINANCIAL
CONDITION AND CHARACTER AND NATURE OF EQUIPMENT, CONTRACTOR MAY
BE REQUIRED TC FURNISH COMPLETE PROFIT ;AND LOSS STATEMENT. Each
bidder shall, when requested, submit to the City a written
statement showing in detail the kind, character and nature of
the equipment, a statement of his financial condition and such
other information requested as will bear upon his ability to
perform and comply with his contract during its entire term. At
any time during the term of said contract, or any renewal or
extension thereof, the contractor shall, when requested,
submit to the city a written statement showing completely and
truly the entire operations of the business under said contract
and a complete and accurate financial and profit and loss
statement on such business operations.
- ,6
SECTION 22: CONTENTS OF CONTRACT. The contract to be
entered into hereunder shall provide that the contractor shall
furnish the necessary vehi=cles and trucks and equipment, which
shall be of the type required under provisions of Section 12 of
this ordinance, for the collection, removal and disposal of
garbage and rubbish. Said contract shall further provide that
the contractor shall furnish the necessary labor, and make
collections as often as pay -be designated by the City and
stated in the published notice for bids, and the said collect-
ions shall be made from the rear of premises or from other
accessible places designated according to Sections 7 or S.
Said contract shall also provide that the contractor shall not
permit garbage or rubbish to be placed or scattered upon any
public or private street, alley, drive or public place. Said
contract shall also provide that the contractor shall replace
any garbage or rubbish receptacle, can, container or lid
damaged by himself or his agents or employees; that he shall
removepaper placed in the receptacle, cans, or containers as
wrappers for garbage or rubbish, and that he remove the paper
and debris around the receptacle, can or container so as to
leave the premises in a neat and clean condition.
SECTION 23: REMfIVAL AND DISPOSAL OF GARBAGE AND RUBBISH.
Said contract shall provide that all garbage and rubbish
collected within the City shall be immediately removed by the
contractor and disposed of by sanitary landfill under the
supervision of the Health Department. The location of landfill
area and method of landfill operation shall be subject to the
approval of the City Council.
SECTION 24: INSURANCE REQUIRED. Said contract shall
provide that the contractor will obtain and keep in force
during the life of said contract, and any renewal or extension
thereof, Norkmens Compensation Insurance and a public liability
insurance policy on each vehicle used in the collection of
garbage and rubbish, indemnifying both the contractor and
the City from damage suits, in some insurance company approved
by the City of Cape Girardeau for $50,000.00%$100,000.00
personal injury and $10,000.00 property damage, the premiums
therefor to be paid by the contractor.
SECTION 25. OTHER CONTRACT PROVISIONS. In addition
to the stipulations enumerated herein, said contract shall
contain such other provisions, not inconsistent with this
ordinance, as shall, in .the judgment of the City Council, best
protect the city and its citizens.
The successful bidder for -residential and others except
business establishments shall be given the exclusive right and
privilege to immediately negotiate with all business establish-
ments in the City for the collection, removal and disposal of
garbage and rubbish from said business establishments for
the same period covered by the contract, and he shall have
two Meeks from the date of his acceptance of the bid in which
to conduct and conclude such negotiations. if he shall succeed
in successfully negotiating with at {east 90% of the business
establishments in said city, including all of the hotels and
hospitals, and he shall agree with the owners or operators of
said business establishments on contract and charges therefor,
then he shall be permitted and authorized to privately contract
with such business establishments on any basis agreeable to
the parties, subject only to the provisions of this and other
ordinances of the City.
® 7 _
The terms of each contract with business establish-
ments 'shall not be changed during the term of the contract,
except by mutual agreement between the contracting parties.
If the successful bidder is unable to negotiate a
private contract frith at least 90% of the business establish-
ments of the City, including all of the hotels and hospitals,
within the two (2) week period aforesaid, then the City shall
have the right and power to authorize or license any other
proper person or persons, firms or corporations if they, or
any of them, can successfully negotiate and agree with said
business establishment on the terms and conditions of a
private contract.
SECTION 26: HEALTH COMMISSIONER TO SUPERVISE COLLECT-
IONS, REMOVAL AND DISPOSAL OF GARBAGE IND RUBBISH. it shall be
the duty of the Health Commissioner to supervise the collection,
removal and disposal of all garbage and rubbish in the City
whether such work is done by the City or by a collector or
contractor. if the work is done under contract, the Health
Commissioner shall see that the contracts for the same are
properly and efficiently carried out, and that adequate
liability insurance is carried, and that all other requirements
of this ordinance are complied kith.
SECTION 27: LICENSE REQUIRED. If the City shall
provide, by contract, for the collection of garbage and
rubbish within the City of Cape Girardeau, Missouri, a license
tax of One Hundred Fifty -Dollars ($150.00) for the period of
such contract, or contracts, is hereby levied; and at the
time of the execution of said contract by the .City, the
contractor shall pay said license see to the City Clerk and
shall be issued a license for hauling, collection and disposal
of garbage and rubbish within the City of Cape Girardeau,
Missouri., for the period of such contract.
SECTION 28: UNAUTHORIZED GARBAGE AND RUBBISH COUECTION.
The collection and removal of garbage and rubbish by truck or
other vehicle in the City of Cape Girardeau or the molding out
or solicitation of such business by any person, firm or corpora-
tion who does not have a contract with or who is not duly
authorized and licensed by the City for the collection, removal
and disposal of garbage and rubbish shall be unlawful., except
that residential owners or occupants may dispose of their own
rubbish as provided in Section 3.
SECTION 29: PENALTIES. :any person, persons, firm or
corporation violating any of the 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, or by imprisonment for not more than one (1) year, or
by both such fine and imprisonment.
SECTION 30: CONSTITUTI'ONALIlY. In the event any word,
words, phrase, phrases, sentence, sentences, paragraph,
paragraphs, section or sections contained or appearing in this
ordinance shall be held or declared to be invalid, unlawful or
unconstitutional for any cause or reason, then it is hereby
declared that the remaining such portions and provisions of this
ordinance shall be and remain in full force and effect.
STICiI 3 EFFECT -VE T- D,AThis ordinance is
FFEC
necessary for the immediate preservation of the public peace,
health and safety and it shall take effect from and after its
passage and approval.
Passed and approved this 3rd day of August, 10,50
Mayor
ITTEST:
ez��
City Clerk