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HomeMy WebLinkAboutCommForm.1474.08-19-1953 t { s -� � c / � =��`�`��-�� ,�f �i �. , _ 3 � � � �- � . � � f .: � � r' .. _�� a� j/7 i'. -7-' COMMISSION FORM ORDINANCE N0. 1�+74 AN ORDINANCE PROVIDING FOR THE COLLECTION� REMOVAL AND DISPOSAL OF GARBAGE AND RUBBISH WITHIN THE CITY OF CAPE GIRARDEAU? MISSOURI� AND PROVIDING THAT THIS ORDINANCE SHALL NOT BE EF'FECTIVE UNLESS AND IINTIL IT SHALL BE APPROVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF C�PE GIRARDEAU MISSOURI� AND PRESCRIB- ING PENALTTES gC�R THE VI�LATI�N THEREOF. BE ST ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU� MISSOURI� AS FOLLOWS: SECTION 1. DEFINITIONS. The following terms are� for the pur- pose of this Ordinance� defined as follows: (a) AUTH�RIZED COLLECTOR. A person� firm or corpora- � tion with whom �he City has contraeted for the collec- tion� removal and disposal of garbage and rubbish. (b) BUSINESS ESTABLISHMENT. Stores� restaurants� hotels� offices� wholesale establishments� retail es�ablishments� hospitals plants� shops� manufactur- ing establishments� schoo�.s and chur�hes. (The term shall not be construed to include apartments� flats� private dwellings or boarding houses. ) (c) CITX. 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 COP�II�IISSIONER. The Health Commissioner of the City of Cape Girardeau, Missouri. (e) GARBAGE. Food waste from homes� kitchens� apartments, and similar establishments. (f) RUBBI5H. Refuse such as waste paper� rags� eartons, boxes� excelsior� leather� cloth ma,�erials� shrub trimmings tied in bundles not to exceed four (4)� feet in length� yard trimmings� tin cans� glass� bottles� crockery, ashes and clinkers from heating plant� furnaces, or other materials light in weight and easily handled� or a combination of any two or more of the foregoing types of ma.terials. 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 mortor or pla.ster mortor� stones, bricks, scrap metal� or other similar construction materials, or materials resultirzg from the erection or destruction of buildings. .�--,�--U- " � � , � l�. � . . � r c • � r SECT ION 2. C ITY SHALL PROV IDE FOR COLLECT IOTd. REMOVAL AND DISPOSAL OF GA.RBAGE AND RUBBISH. A11 garbage and rubbish as defined in Section 1 (e) and (f) of this ordi,nance 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 i.n this ordinance shall be construed as prohi�aiting duly author3.zed and lice,nsed haulers or collectors from collecting and removing garbage and rubbish from business establishments as defined in Section 1 (b). SECTION 3. DISPOSITION OF GARB�AGE �R RUBBISH_UNLAWFUL - WHEN. It shall be unlawful for any person, firm or corpora�ion to dispose of 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 withi.n the City or in any stream or body of water within the City� or by burning the same. Provided however� tha.t nothing in this ordinance shall be construed to prohibit the disposition of garbage in a garbage disposal unit nor the disposition of garbage or rubbish in an i,ncinerator enclosed w ithin a building and approved by the Building Inspector. And Provided 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 fire chief or city gire ma.rshal�. SECTION 4 . SANITARY HANDLTNG OF GARBAGE BY HOIISEHOLDER. Garbage at all but business establishments shall he dra�n.ed wrapped in paper or placed in sanitary bags and kep� dry in metal container until removed by the C�ity or its authorized collector. SECTION 5. CONTA INERS MUST BE PROV IDED. Each and every owner� te.nant, housekeeper� or other person or persons occupying any room� dwelling house, apartment, or other buildi,ng or portion thereof� and produc.in� or responsible for the disposal of garbage or rubbish which is to be collected by the City, or its authorized collector or a duly authorized and lice�nsed hauler� shall provide� and renew when necessary� a sufficient number of containers to hold the garbage or rubbish accumulating therei,n. SECTION 6. KIND OF CONTAINERS TO BE PROVIDED. All cor�tainers shall be of inetal with tight f itting covers� with strong handles on the outside� and shall be water tight. Each container sha.11 have a capaci�y of not less than five {5) gallons nor more tha.n thirty (30) gallons, and w ithin the se limit s sha.11 be suf f ic ient capac ity to hold all the garbage and rubbish accumulating on the premises betwee.n collections� and the con'�ents thereof shall be kept in such condition tha� i� can� at all times� be readily and fu11y removed hy the City� its authorized collector or a duly authorized and licensed hauler. SECTION ']. UNLAWFUL TO PLACE CONTA�INERS ON PU�3LIC STREETS OR ALLEYS. It sha.11 be unlawful to place or keep co.ntainers on any public street� alley� place or elsewhere� excep� on private property. Provided, however� cantainers may be placed on designated locations along public streets or alleys on collectio.n days for a sufficient length of time to permit the City or its authorized collector to ma,ke collection of such garbage and rubbish. SECTION 8. LOCATION OF CONTAIIJERS. Containers for garbage or rubbish shall be placed and at all ti.mes kept and pro- vided o.n private property. Provided� however, that on collection day such containers sha11 be placed �.n 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� o.n 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 accumulats,ng on the premises, or if more than one co.ntainer 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 BE MAINTAINED BY O�rTNER.� All containers shall be maintained in a good and sanitary conditio.n by the owner thereof. SECTION 10. MATERIAL OTHER THAN GARBAGE OR RUBBISH NOT TO BE PLACED IN CONTAINERS. It shall be unlawful for any perso.n� firm, or corporation to deposit in a conta3.ner from which garbage or rubbish is to be removed by the City or 3ts authorized collector� any material other than garbage or rubbish� as defined i.n this ordinance. If any container contains any material other than garbage or rubbish� neither the City� .nor its authorized collector shall be obliga�ted to remove the contents , of such container. SEGTION 11. �'REQUENCY AT�TD TIME OF COLLECTIOld. NUMI3ER OF COL 'i CTIONS 4JEEKLY. a The City or its authorized collector sha.11 collect and remove garbage and rubbish from the premises of dwellings, apartments and flats two (2) times weekly� except that no collection shal.l be made on Sunday or holida�s� and there shall be an interval of at least two (2 days between each collection. (b) TI�� OF COLLECTIONS. Al1 collections shall be ma,de between the haurs of six a. m. and six p. m. SECTION 12. TYPE 4F VEHICLE TO BE USED. The City, its authorized eollector or duly authorized and licensed hauler, shall� in the collection of garbage and rubbish, use o.nly enclosed� sanitary and leak proof vehicles which comply with requirements of the Health Department. t . SECTION 13. ADDITTO1�tAL SERVICE. Should any resident or householder desire more frequent or greater service than that above set forth� the same and the charges therefor sha11 be a matter of private contract between such resident or householder and the City or authorized collector. SECTION 14. CONTRACT FOR CflI,LECTION� REMOVAL AND DISPOSAL OF GARBAGE AND RUBBISH. BILLING AND COLLECTION OF SERVIeE � CHARGES. The city may provis�e� by contract, for the collection of garbage and rubbish w ithin 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 Cape Girardeau� Missouri. In the event such contract grovides for specific service charges to be paid by each householder� establishment or other f irm� person or corporation receivi,ng 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 w ithout any obligation or duties resting o.n the city. Frovided� however� that such duly authorized collector or duly licensed hauler sha11 be authorized to discontinue the service of picking up� removing and disposing of such garbage and rubbish to any person� firm or corporatio.n who fails to pay the service charge in advance therefor. SECTION 15. CONTRACT5 TO BE LET TO LOWEST AND BEST BIDDER. Al1 con�racts for collecting� removing and disposing of garbage and rubbish under the provisions of this ordinance shall be let to the lowest and best respo.nsible bidder� the right being reserved to re�ect any and all bids� provided, if no b ids 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 sha11 advertise for sealed bids� for any work to be do.ne by contract under the provisio,ns of this ordinance? by publication for two (2) consecutive weeks in a weekly newspaper or by o.ne (1) or more publications each week for two (2) consecu�ive weeks i.n a daily newspaper published or having general circulation and distribution in the City of Cape Gir�rdeau� Missouri. The last publication shall be not less than ten (10) days prior to the openi.ng of said bids. SECTION 17. BID5 TO BE OPENED AT PUBLIC MEETING IN PRESENCE OF MAYOR APTD CITY COUNCIL. A11 sealed bids shall be ope.ned 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 CON`.i'RACT. The published notice shall call f or sealed bids for a co.ntract period to be designated in � the notice� and such bids may be called for in the . ( alternative f or different periods, and the City shall accept that bid which, in its judgment� will best serve t the interest of the City� provided that no contract �,\ shall be let f or a period of less than three (3) years . not more than five (5) years, and said contract shall provide that the term thereof shall in the agreement of the city and its authorized collector, be mutually extended f or an additional like period. � , � �`� SECTION 19. GUARANTY OF BID. Each bid shall be accompanied by cash or a certified or cashier' s check on some bank or trust company in the City or County of Cape Girardeau� Missouri� payable to the City of Cape Girardeau� Missouri� 3n �he sum of Five Hundred ($500.00) 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 retuPned to them. SECTION 20. CONTRACT REQUIRED. Upon the award being made� the successful bidder shall� within ten (l0) days� file with the City Clerk a contract duly e�ecuted by him for the doing of the work� and within said ten (10) days shall likewise f ile with the City Clerk a bond in the amount of F3ve Thousand (�5�000.00) Dollars with securities to be approved by the Mayor� conditioned on said contract and tha,t fihe said successful bidder will comply w ith 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 �ersons whom he may bec�me 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 do3ng of the work� and should the bidder fail to execute said con�ract 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 contrac� and bond as herein provided� the amount accompanying his bid shall be returned to him. SECTIO�T 2l. BIDDERS TO FURNISH STATEMENT OF FINANCIAL CONDITION AND CHARACTER AND NATURE OF EQUIPMENT, CONTRACTOR MAY BE REI�UIRED TO FURNISH COMFLETE FROFIT AND L�SS 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 informa.tion 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 en�ire operations of the business under said contract and a complete and accurate financial and profit and loss statement oxt such business operations. SECTION 22. CONTENTS OF CONTRA�T. The contract to be entered into hereunder sha.11 provide that the contractor sha.11 furnish the necessary vehicles and t rucks and equip- ment, 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 neeessary labor� and make collectio,as �.s aften as may be designated by the City and stated in the published notice for bids� and the said_ collections shall be made from the rear of premises or from other accessable places designated according to Sections 7 or 8. Said contract shall also provir�e 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 sha.11 also provide tha.t the contractor shall replace any garbage or rubb3.sh receptacle� can� container or lid damaged by himself or his agents or employees; that he shall remove paper placed in the receptacle� cans� or containers as wrappers for garbage or rubbish� and that he remove the paper and debris around the recep- tacle� can or container so as to leave the premises in a neat and clean condition. SECTION 23. REMOVAL AND DISPOSAL OF GARBAGE AND RUBBISH. Said contract sha.11 provide that all garhage and rubbish collec�ed within the City shall be immediately removed by the contractor and disposed of by sanitary landf ill under the supervision of the Health Department. The locat ion of landf ill area a.nd me thod of landf ill operation sha.11 be subject to the approval of the City Council. SECTION 24. INSURANCE REQIIIRED. Said contract shall provide that the contractor will obtain and keep in force during the life of said cantract� and any renewal or extension thereof� Workznens Compensation Insurance and a public liabili�y insurance policy on each vehicle used in the collection of garbage and rubbish� �ndemnifying both the eontractor and the City from da.mage suits� i.n some insurance company approved by the City of Cape Girardeau for �50�000.00/ $100�000.00 personal injurY and �10�000.00 property da.mage� the premiums therefor to be paid by the contractor. SECTION 25. OTHER CONTRACT, FROVISIOPtS. In addition to the stipula- tions enumerated herein, said contract shall contain such other provisions� not incomsistent with this ordinance� as shall� in the �udgment 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 pr3vilege to immediately negotiate with all business establishments in the City for the collection� removal and disposal of garbage and rubbish from said business establishments and he shall ha,ve tj�to (2) weeks from the date of the acceptance of his bid in which to conduct and conclude such negotia- tions. �: If he shall succeed i,n successfully negotiating with at least 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 o.n any basis agreable to the parties� sub�ect only to the provisio.ns of this and other ordinances of the City. If �he �uccessful bidder is unable to negotiate a private contract with at least 90� of the business establishments of the City� including all of the hotels _ and hospitals� within the two (2) week period aforesaid� the.n t"he City shall have the right and power to authorize or license any other proper person or persons� firms or corporation� if they� or any of them, can , � " successfully negoti�te and agree with said business establishmen� on the terms and co.nditions of a private contract. S�CTION 26. HEALTH COI��iISSIONER TO SUPERVISE COLLECTIONS. REMOVAL AND DISPOSAL OF GARBAGE AND RUBBISH. It shall be the duty of the Health Commissio.ner to supervise the collection, removal and disposal of all garbage and rubbish in the City whether such work is done by the Ci�y or by a collector or contractor. If the work is done under contract� the Health Commissio.ner shall see that the contracts for the same are properly and efficiently carried out� and that adequate 13ahili`ty insurance is carried, and that all other requirements of this ordinance are complied with. SECTION 2�. tJNAUTHORIZED GARBAGE AND RUBBISH COI,LECTION. The collection and removal of garbage and rubbish by truck or other vehicle in the City of Cape Girardeau or the holding out or solicitation of such business by any person� firra or corporation 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 utllawful. SECTION 28. PENALTIES. Any person� persons� firm or corporation violating any of the provisions of this ordi,nance sha11 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 impriso.nment. SECTION 29. e�NS�I�U�It3i�t.�LI��. In the event any word� words� phrase� phrases� sentence� sentences� paragraph� paragraphs� sectian vr 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 tha.t the remain- . ing such portions and ,provisions of this ordinance shall be and remain in full force and effect. SECTION 30. EFFECTIVE DATE. This ordinance shall not be effective unless and until it is approved by the Mayor and the City Council. Provided� however� if this ordinance is approved� that the collectio:n, removal and � disposal of garbage and rubbish by the City or its authorized contractor or lice.nsed hauler� under the provisions of this ordinance� shall comme,nce the day of _19 53• FIRST READING GNEN: Jul 20 1 SECOND READING GNEN: Jul 20 1 THIRD AND FINAL READING 1 PASSED AND APPROVED THIS �-� 19;,,_, 1953• � , r �' G�I�.�,: 1'�c3y01' _ ATTE T: _ . CITY CLERK.