[CC §19.01; Ord. No. 25, 10-7-1974; Ord. No. 419 §7, 1-27-1992]
The following words, terms or phrases wherever used in this Chapter shall be construed as follows:
BUSINESS ESTABLISHMENT
Any individual, firm, partnership, corporation, association, club, agency or other organizations engaged in this City in retail or wholesale commercial, manufacturing, individual or personal services, educational, religious, benevolent, or professional activities or in the management or operation thereof.
CITY
The City of St. John, Missouri, a Municipal corporation, as well as the territory included within the corporate limits of the City of St. John.
CITY REFUSE COLLECTOR
Any individual, firm, partnership, corporation, or employee thereof under contract with the City for the collection, removal and final disposition of garbage or rubbish, or both, from all premises owned, rented, leased, or occupied by any householder within the City under the direction and supervision of the Code Enforcement Officer.
CODE ENFORCEMENT OFFICER
The individual who has been duly appointed to the position of Code Enforcement Officer, who is charged with the enforcement of the provisions of this Chapter, or their duly authorized agent.
COMPOST
Yard wastes such as grass, leaves, vines, hedge and shrubbery trimmings, tree limbs less than one (1) inch in diameter and less than four (4) feet in length and other organic materials from the yard or garden.
GARBAGE
All semi-solid and solid food wastes derived from and during the procurement, storage, processing, sale, cooking, serving, and consumption of food materials of animal, vegetable, or synthetic origin which are intended for and are used by householders, business establishments, or public or private institutions for the refreshment or sustenance of human beings or animals. The term "garbage" as used in this Chapter, shall not include dead animals, liquid wastes, or the wastes resulting from the operation of slaughterhouses and packing plants, from the processing of hides or other animal parts.
HOUSEHOLDER
Any individual who is the legal or normal head of a household comprised of himself and other individuals who hold temporary or permanent domicile in a single-family or multiple dwelling, with living facilities up to three (3) families within this City.
INSTITUTION
The premises and activities of an individual, firm, partnership, corporation, association, club, public or private agency or other organization engaged within this City in teaching of any kind, in religious or benevolent services or in the temporary or permanent care or treatment of more than three (3) individuals who either have or are suspected of having physical or mental afflictions.
MULTIPLE-FAMILY AND TRAILER PARKS
Any dwelling with facilities for four (4) families or an area designated for parked trailers.
PERSON
Any individual, firm, company, co-partnership, corporation, association, club, other organization or their agent or employee.
PRIVATE REFUSE COLLECTOR
Any person who has been licensed by the City to engage in the collection, removal and final disposition of refuse and who has been employed by any other person to render such service.
RECYCLABLES
Plastics, aluminum and tin cans, glass bottles and jars, newspapers.
REFUSE
Garbage and rubbish as defined separately below.
RUBBISH
All solid waste material exclusive of garbage, feces of whatever origin and other objects not subject to storage under the provisions of Section 230.060 of this Chapter.
TRASH
To be used synonymous with the term rubbish.
[CC §19.02; Ord. No. 25, 10-7-1974; Ord. No. 419 §8, 1-27-1992]
A. 
The City shall plan, organize, implement, and enforce to the extent and in the manner prescribed by this Chapter, a City-wide refuse disposal program providing for the accumulation, storage, removal, and final disposition by the City Refuse Collector or Private Refuse Collectors, or both, of all garbage, rubbish, trash or compost produced by and in households, business establishments, public or private institutions, multiple-family dwellings within the City. This Refuse Disposal Program shall be of sufficient scope to assure the preservation of the public health, welfare, and safety in this City. The disposal operations financed by the City shall be known as the "City Refuse Disposal Service". The disposal operations which are paid for directly by householders, business establishments, multiple-family, trailer parks, public or private institutions shall be known as the "Private Refuse Disposal Service". Each of these services shall be divided into the following phases of operations:
1. 
The accumulation and storage of refuse on the premises served. This operation shall be the responsibility of the owner, user, or operator of the premises concerned.
2. 
The collection and removal of refuse from the premises served. This operation shall be the responsibility of the City Refuse Collector or the licensed Private Refuse Collector, or both.
3. 
The final disposition of the refuse on sites and by methods approved by the Code Enforcement Officer. This operation shall be the responsibility of the respective refuse collectors and the owner and operator of the disposal site.
[CC §19.03; Ord. No. 342, 8-1-1988; Ord. No. 419 §9, 1-27-1992; Ord. No. 765 §6, 5-19-2003]
A. 
Lawful Refuse Disposal Operations. The disposal of refuse shall be considered lawful it if is performed by:
1. 
The City Collector or collectors under contract with the City to render refuse disposal services to households, to the extent and by the procedure prescribed in such contracts and this Chapter.
2. 
Any Private Refuse Collector who has been licensed for such work by the City and has been employed by one (1) or more householders, business establishments, multiple-family, trailer parks, public or private institutions to collect, remove and to effect final disposition of refuse from the premises concerned in full conformity with provisions of this Chapter and at no expense to the City.
3. 
Any other person provided he effects the disposal of garbage on his own premises by means of a garbage grinding and disposal unit and the disposal of rubbish by means of an incinerator located within or outside of a building on his premises, and such incinerator is equipped with an electrical or mechanical device to eliminate smoke producing gases and solids, and provided further, that these disposal facilities and their operation conform with the provisions of this Chapter and have been approved by the City Manager, Chief of the Community Fire Protection District and St. Louis County. This does not prohibit any person from the disposing of yard waste by utilizing a compost pile, if properly done in accordance with the procedures delineated in Section 230.060 of this Chapter.
4. 
By the City's own Refuse Disposal Department, if available.
B. 
Private Refuse Collectors — How Licensed and Regulated. It shall be unlawful for any person to engage in business as a private refuse collector within the City without first obtaining a license to engage in such business. Persons desiring a license to conduct such business shall apply to the City Manager who, upon satisfactory proof of the qualifications of fitness of the applicant, his ability to comply with all of the provisions of this Chapter, payment of the established license fee in Section 610.020(A), will notify the City Clerk to issue license. Said license shall expire on the thirty-first (31st) of December of the calendar year of issuance and may be renewed thereafter annually upon payment of the license fee; provided however, that the City Manager shall have the right to direct the City Clerk to refuse to renew any such license if the City Manager shall determine that the holder thereof no longer qualified for a license under the provision of this Section.
C. 
Unlawful Refuse Disposal Operations.
1. 
It shall be unlawful for any person to store, remove, or dispose of garbage, refuse, trash, compost, and/or rubbish by open burning or by burying or depositing it in an ash pit, except as noted below, or by burying or depositing it in any alley, street, roadway, vacant lot, ditch, gully, stream, creek, body of water, or any other private or public property, or any other place within or beyond this City whose use for refuse storage or disposal has not been approved by the City Council.
2. 
Further, a monitoring system is hereby established to ensure the proper and legal disposal of all solid waste generated within the corporate limits of the City of St. John. Said monitoring system shall apply to all residential and commercial haulers of waste in the City of St. John.
3. 
In order for the City to properly execute its responsibilities in monitoring the proper and legal disposal of solid waste, any and all collectors of solid waste generated within the City boundaries shall submit an application for license as provided for in Subsection (B) above. Along with said application, collectors of refuse shall provide information on their waste collection routes, certify which landfills are currently being utilized for depositing solid waste collections and provide the State issued permit numbers for the landfills being utilized. Collectors are also to submit information on the estimated remaining capacity (in years) of the landfills being utilized and alternative plans for waste disposal once the landfill capacity is reached.
4. 
Prior to issuing a license for any waste collection within the City of St. John, the City Manager, or his designee, shall investigate all applicant information carefully to ensure that all solid waste generated in the community is properly and legally disposed of.
D. 
Exceptions. The provision which prohibits the depositing of refuse in ash pits shall not apply to ashes resulting from the combustion of standard fuel materials, provided that such ash pits are operated and maintained as described in Section 230.060 (B,2)(d,4) of this Chapter.
[CC §19.04; Ord. No. 25, 10-7-1974; Ord. No. 480 §1, 1-3-1994]
A. 
Refuse Disposal Service by the City.
1. 
How provided. Until such time when the City deems it necessary and feasible to organize and operate its own Refuse Disposal Department, the City shall effect the collection, removal and final disposition of garbage and rubbish from households by entering into a contract or contracts for such services with an individual, partnership, or corporation qualified for and experienced in these operations. The person or persons with whom the City enters into contract for Refuse Disposal Service shall be termed the City Refuse Collector or Collectors.
2. 
Collector or collectors — services to householders. The City's services to householders under its contract with the City Refuse Collector or Collectors shall include the collection, removal and final disposition of all garbage and rubbish which is stored in accordance with the provisions of Section 230.060 of this Chapter, except for ashes stored in ash pits.
B. 
Contract for Collection, Removal and Disposal. The City may provide, by contract, and grant an exclusive franchise for the collection, removal and disposal of garbage and rubbish from all single-family dwellings, apartments and flats within the City of St. John, provided however the party given the exclusive franchise with the City shall be responsible for collecting the contract fees from owners and/or occupiers of the dwelling units. However, it shall be the responsibility of each owner and occupant of a dwelling unit to pay the required fees imposed by a contract in accordance with this Chapter.
[CC §19.05; Ord. No. 25, 10-7-1974; Ord. No. 419 §10, 1-27-1992]
A. 
Duties of Health Division. The City Health Division shall direct, supervise and control the accumulation and storage of all refuse in this City, and the collection, removal, and final disposition of all refuse by the City Refuse Collector or Private Refuse Collector from households, business establishments, multiple-family, trailer parks, and public or private institutions in this City shall be in full conformity with the provisions of this Chapter and it shall enforce the terms of the contract or contracts between the City and the City Refuse Collector or Collectors.
B. 
Supplementary Rules and Regulations. The City Health Division shall have the power to establish, in addition to the provisions of this Chapter, such supplementary rules and regulations on all phases of the Refuse Disposal Program which it deems necessary, provided that such rules and regulations shall not be inconsistent with this Chapter and, provided further that they shall have as their purpose the clarification or enforcement of the provisions of the United States, State of Missouri, St. Louis County, and other counties, cities, towns and villages which may be affected by the refuse disposal operations of this City.
C. 
Authority to Enter and Inspect Premises. The City Code Enforcement Officer, or assistants and agents shall have the right to admission to any premises on which refuse is being accumulated and stored pending removal, provided such a request is made for the purpose of ascertaining whether or not the provisions of this Chapter are being fulfilled and, provided further that requests for such inspections shall be made at reasonable times upon presentation of proper credentials. Any person who refuses to grant such an inspection under the conditions prescribed may be charged with a violation of this Chapter.
[CC §19.06; Ord. No. 25, 10-7-1974; Ord. No. 41, 2-3-1975; Ord. No. 151, 9-17-1979; Ord. No. 342, 8-1-1988; Ord. No. 419, §11, 1-27-1992; Ord. No. 506 §1, 11-21-1994; Ord. No. 731 §1, 5-20-2002; Ord. No. 798 §1, 4-19-2004; Ord. No. 918 §1, 10-6-2008; Ord. No. 985 §1, 6-4-2012]
A. 
Responsibility of Owner or User of Premises.
1. 
Any person who owns, operates or maintains a household, business establishment, multiple dwelling, trailer park, or public or private institution in this City shall be responsible to the City for the orderly and sanitary accumulation and storage of refuse pending removal, in full conformity with the provisions of this Chapter.
2. 
It shall be unlawful for any person to accumulate, deposit, or store refuse on his premises or any other place within or beyond this City in any other manner or for a longer period than prescribed in this Chapter.
B. 
Storage Methods and Procedures.
1. 
What may not be stored. Liquid food, wastes and urine or feces of whatever origin shall not be accumulated or stored for removal by either the City Refuse Collector or a Private Refuse Collector but shall be disposed of promptly through the sewer system by the person concerned.
2. 
What may be stored and how.
a. 
Normal storage methods. All items of refuse which accumulate in households, business establishments, multiple-family, trailer parks, or public or private institutions shall be stored insofar as possible and, except as noted below, pending collection by either the City Refuse Collector or a Private Refuse Collector, in the following manner:
1) 
The City Refuse Disposal Program provides for the separate collection of garbage, rubbish and trash from compost and such wastes shall be stored in separate containers of the type.
2) 
The City Refuse Disposal Program provides for the combined collection of garbage, rubbish and trash on the first (1st) regularly scheduled pick-up day of the week and all compost materials on the second (2nd) regularly scheduled pick-up day of the week. Neither garbage, rubbish or trash may be set out with or mixed with compost materials on the pick-up day. Recyclables will be picked up at the curb on the designated pick-up day.
3) 
Cord wood intended for heating purposes may be stored on premises, provided it is piled neatly and not less than twelve (12) inches above the ground.
4) 
Ashes resulting from the combustion of standard heating materials or from the burning leaves or rakings of dry grass may be stored either in standard containers or in ash pits. In case the latter are used the user shall operate and maintain them as described in this Subsection (B) Subdivision 2 (d,4) below, and shall have them emptied at his own expense.
b. 
Special storage methods.
1) 
Use of special containers. In the event that the garbage or rubbish of a business establishment, multiple-family, trailer park, or public or private institution cannot be stored satisfactorily and efficiently in the prescribed standard containers, the Health Division may authorize the use of trailer tanks or other containers for service by Private Refuse Collectors.
2) 
Storage of large items of rubbish. In the event that a householder, business establishment, multiple-family, trailer park, or public or private institution requires removal of large items or rubbish which are constructed of material that cannot be broken up to permit storage in standard containers, such items of rubbish may be stored on the outside of the premises concerned without placement into containers provided that the number of such items is reasonable and that such rubbish is kept at least eighteen (18) inches above the ground, and provided further, that such storage will not produce conditions which, in the opinion and judgment of the Health Division, the Chief of the Community Fire Protection District and the Police Chief, will tend to create a sanitary nuisance or a hazard to the public health, welfare and safety.
c. 
Length of storage period. Garbage and rubbish which, under the terms of this Chapter are eligible in type, and the amount for collection by the City Refuse Collector shall not be stored on the inside or outside of premises for a period longer than the time interval between collection days prescribed by the City. Garbage and rubbish which, on account of type or amount, require the services of a Private Refuse Collector shall not be stored on the inside or outside of premises for more than seven (7) days pending collection.
d. 
Authorized containers. In order to assure that the accumulation and storage of refuse shall be performed in an orderly, clean, sanitary and safe manner, the containers which are used for these purposes shall be of the following types:
1) 
Standard containers. Insofar as possible and except as noted in this Subsection (B), Subdivision 2 (b, 1 and 2) and in this Subsection (B) Subdivision 2 (d,2 and 4) below, garbage and rubbish shall be stored between collection periods in standard containers which have a capacity of not less than five (5) gallons. These containers shall be constructed of galvanized iron or similar durable material such as plastic, rubber or vinyl. These containers shall be equipped with tight fitting lids and suitable bails or handles.
2) 
Baskets or bags. Baskets may be used in the storage of grass cuttings, but, in order to prevent spillage, such baskets must be free of holes. Plastic bags may be used for the storage of trash, rubbish, and garbage, but, in order to prevent spillage, such bags must be free of holes and securely fastened and placed within a container with a tight-fitting lid.
3) 
Bundles. Items of rubbish, such as magazines, newspapers, trimmings from bushes and trees and other items, which are too large for storage in the standard containers may be tied into bundles which shall not exceed three (3) feet in length and two (2) feet in width or of a weight and volume which can be handled easily by not more than two (2) men.
4) 
Ash pits. Ash pits may be used for the storage of ashes resulting from the combustion of standard heating materials, provided that such pits shall not be used for any other purposes, that they are kept rodent-tight and that, when not in use, they are tightly covered with a wood or metal lid, and provided further, that they are not filled to more than four (4) inches from the top and, when full, the owner or user of the pit shall have it emptied promptly at his own expense. Ash pits whose condition or use violate any of these provisions shall be ordered closed by the Health Division pending corrections. If such infractions occur frequently or if they are not corrected promptly upon notification from the Health Commissioner, he shall condemn the ash pit and order it removed.
5) 
Tank type containers for multiple dwellings. When in the opinion of the Health Division, it is determined necessary to expedite refuse storage and collection because of the accumulation of refuse requiring an excessive number of containers which constitute either an unsightly, or unsanitary, or hazardous condition in connection with any multiple dwelling within the City of St. John, the owner of said dwelling shall furnish a tank type container or containers of a size and number sufficient to contain refuse between collections as determined by the Health Division of the City, and such containers shall be maintained in a hygienic and satisfactory condition.
e. 
Number of containers. Any person who accumulates and stores refuse shall provide the number of containers which, in the opinion and judgment of the Health Division, are necessary for the orderly, clean and sanitary storage of refuse on the premises concerned in the interim between the prescribed collection days.
f. 
Management of containers by their owners or users. Any person who owns or uses refuse containers of any kind or in whose behalf that are used by others shall keep them at all times in a dry, sanitary, rodent, insect and leakproof condition and shall clean, sanitize and repair them as often as necessary for proper compliance with this Chapter.
The level of the contents of standard containers, baskets, bags and ash pits shall be kept at least four (4) inches from the top.
The owner or user of containers and the refuse collectors shall be careful to avoid spillage of contents, and, if it occurs, they shall clean it up promptly and restore the premises to a clean and sanitary condition.
At all times said receptacles shall be stored along the side or rear of the structure, but not in front of said structure except as otherwise provided for in this Chapter.
Residents in the middle apartment of a triplex apartment building may store approved trash receptacles in front of their apartment provided the receptacles are placed as close to the building as possible.
g. 
Recyclables. Recyclables will be stored and placed in the bin provided for by the Refuse Collector and placed at the curb on the day prescribed for pickup by 6:00 A.M. or one (1) hour before sundown the day immediately prior to pick-up day. Recyclables will be placed in the bin so as not to cause litter or debris in the area resulting from the wind. Recyclable bins are to be stored behind the building line or in an enclosed structure. All recyclables which contained food stuffs must be rinsed prior to disposal.
h. 
Compost piles.
1) 
Compost bins shall be no larger than a five (5) foot cube (125 cu. ft.).
2) 
Compost bins shall be layered properly and maintained to reduce odor.
3) 
No compost bin shall be located closer than ten (10) feet to any residence and shall be at least three (3) feet from any fence or property line.
4) 
Only organic yard wastes may be placed in a compost bin.
[CC §19.07; Ord. No. 25, 10-7-1974; Ord. No. 851 §1, 3-6-2006]
A. 
Collection and Removal.
1. 
Collection points. All refuse which is accumulated in the City and offered for disposal shall be collected from the front of the premises. The person who is responsible for the proper storage of refuse on the premises concerned and the collector serving him shall confer and shall designate a collection point at which, prior to 5:00 A.M. on collection days, all refuse containers and items of refuse shall be placed at the designated collection point. The City Refuse Collector shall not be required to collect refuse from the inside of buildings, nor any refuse not contained in a standard containers at any one (1) time from any one (1) household. When the refuse containers contain both eligible refuse and other items, the City Refuse Collector shall not be obligated to collect and remove their contents. When such violation occurs, the City Refuse Collector shall report it to the person concerned and the City Health Division. In case of controversy as to the eligibility or ineligibility of refuse, the decision of the Health Division shall be final.
2. 
Management of containers by refuse collectors. Refuse Collectors shall perform their duties in a quiet, orderly and sanitary manner. After emptying the containers, the collector shall replace their lids and shall return the covered containers to the designated collection point on the premises. In case of spillage during collection, the Refuse Collectors shall pick up the spillage and restore the premises to a clean and sanitary condition. In the event the City Refuse Collector damages a container or its lid to an extent that it is subject to condemnation by the Health Division, it shall be the responsibility of the City Refuse Collector to replace the containers or the lid with a new container or lid of the same, quality and size.
3. 
Method of collection. The collection and removal of garbage and rubbish shall be effected either by a combined or separate operation by the City Council of the City of St. John.
4. 
Frequency of collection and removal. Collection and removal of refuse by the City Refuse Collector shall be made as prescribed by the franchise/contract between the City and its Refuse Collector and such collections shall be made on the days designated by the City. Collections and removal of refuse by private, licensed collectors shall be made as often as deemed necessary by the City to prevent development on the premises concerned of conditions which tend to create a sanitary nuisance or a hazard to the public health, welfare and safety. No collections shall be made from any types of premises (households or businesses) before 6:00 A.M. or after 4:00 P.M. unless previously approved by the City. No collections shall be made from any types of premises (households or businesses) on Sunday unless previously approved by the City.
5. 
Equipment. All refuse, including garbage, shall be collected and removed in vehicles with solid metal bodies or liners and which have leakproof bottoms and sides. Open top vehicles shall be permitted only during a specified period with written permission granted by the City Manager. All vehicles and other equipment used in these operations shall be kept at all times in a clean, sanitary safe condition and in good repair by the operator. All vehicles and other equipment used in these operations shall be subject to the approval and periodic inspections by the Police Chief.
6. 
Personnel. The City Refuse Collector shall conduct his operations with personnel who are capable of operating the required equipment in a safe, efficient and satisfactory manner. They must by courteous, neat and clean at all times.
B. 
Final Disposition of Refuse.
1. 
Illegal methods and sites. It shall be unlawful for any person or collector to dispose of refuse on his premises or on any other place within or beyond the City or County, or in any other manner, than as prescribed by this Chapter.
2. 
Legal methods and sites. The method or methods and the site or sites which the City Refuse Collector proposes to use or uses for the final disposition of refuse collected in this City shall be subject to the approval of the City Council of the City of St. John and shall be in full conformity with the provisions of this Chapter and the Statutes of the Federal or State Government and the ordinances, rules and regulations which have been or may be enacted hereafter by this City, the County of St. Louis or other counties, cities, towns, or villages which may be affected by the refuse disposal operations of this City.
[CC §19.08; Ord. No. 25, 10-7-1974]
Until such time when the City deems it necessary and feasible to organize and operate its own Refuse Disposal Department, the City shall provide these services to the extent prescribed in this Chapter by entering into a contract with a person, partnership or corporation well-qualified and experienced in refuse disposal operations and whose bid is the lowest or, in the opinion of the City Council, the best bid in the interest of the City.
[CC §19.09; Ord. No. 25, 10-7-1974; Ord. No. 249, 11-4-1985]
A. 
City Purchasing Agent to Advertise Work and Solicit Bids. The City Clerk shall give public notice of and solicit bids for any work done by contract under the provisions of this Chapter. Such notice shall be published at least once per week for two (2) consecutive weeks in at least one (1) weekly or daily newspaper which has general distribution in this City. The last publication shall be made not less than ten (10) days prior to the date designated for the opening and reading of bids.
B. 
Form and Contents of Bids.
1. 
All bids shall be made on a standard form prescribed by the respective bidder and shall be submitted in sealed envelopes to the City Clerk prior to the time limit for the filing of bids specified in the Notice to Bidders. In case the bid form calls for alternate proposal for more than one (1) type or time period of refuse disposal service, the bidder may elect to bid on any one (1) or all types and periods of service or on any combination thereof.
2. 
Statement concerning bidder's ability and experience. Each bidder shall submit as a part of his bid or bids a written statement on the following points:
a. 
The make, model, age, condition and the number of vehicles and other equipment which will be used in the work.
b. 
The number of employees who will render these services.
c. 
The proposed plan of operation including the methods and site of disposal.
d. 
Financial status and bank references.
e. 
Previous experience in refuse disposal operations and list of contracts now or in the past held.
f. 
Name of surety company which has agreed to underwrite the bidder's performance bond.
g. 
List of all policies of Worker's Compensation insurance and liability insurance for injury, death, and property damage stating the names of the underwriters, amount and period of coverage.
3. 
Identification of bidder. Below the bidder's signature on the bid form, he shall state that, in the making of the bid or bids, the bidder is acting as an individual or in behalf of a partnership or a corporation. In case the bid or bids are made by a partnership or corporation, the bidder shall state the names and addresses of the members of the partnership or the officers of the corporation.
4. 
Deposit by bidder guaranteeing acceptance and execution of contract if preferred. Each bidder shall submit, as a part of his bid or bids, either a cash deposit, a cashier's check, or a certified check on some bank or trust company in the City or County of St. Louis payable to the City of St. John in the sum of not less than one thousand dollars ($1,000.00) as a guarantee that if the bidder is awarded the contract to the City, he will execute and return the preferred contract to the City Clerk within ten (10) days of the date of the award.
In lieu of the deposit described above, the City Council may require or authorize bidders to submit with their bids a bid bond for not less than twenty-four thousand dollars ($24,000.00) with sureties approved by the City Council guaranteeing that, if the bidder is awarded the contract, the surety concerned will underwrite the prescribed performance bond and that the bidder will execute the contract and will return it and the performance bond to the City Clerk within ten (10) days after the award of the contract by the City.
C. 
Opening of Bids. All sealed bids shall be opened by the City Manager and submitted to the Bid Review Committee, which shall thereafter make its recommendation to the Council.
D. 
Selection of Successful Bidder and Award of Contract. As soon as practicable after the opening and reading of all sealed bids the City Council shall determine which is the lowest or best bid for the interest of the City and shall then award the contract or contracts for the collection, removal and final disposition of garbage and rubbish to the lowest or best bidder or bidders.
E. 
Rejection of Bids. The City reserves the right to reject any or all bids or to waive any informalities in the received bid or bids. If no bids are received or all bids are rejected, the City may obtain new bids and may proceed to let the contract or contracts as if no previous bids had been sought or received.
[CC §19.10; Ord. No. 25, 10-7-1974]
All contracts for refuse disposal services in behalf of the City shall be executed on a standard form prescribed by the City Council and in the manner and in accordance with procedures prescribed in this Chapter. The contract shall specify, directly or by reference to the pertinent provisions of this Chapter, the time period of the contract the sum to be paid by the City to the contractor for his services, the method of payment, the respective duties and obligations of the contractor and the City during the term of the contract, and the various penalties which the City may invoke against the contractor for non-compliance with their terms of the contract, the provisions of this Chapter and all the laws pertaining to refuse disposal operations which are now in effect or may hereafter be enacted.
[CC §19.11; Ord. No. 25, 10-7-1974]
A. 
Insurance. The contractor or contractors shall obtain and keep in force, at his expense during the life of the contract, the following types of insurance in some insurance company approved by the City Council, to-wit:
1. 
Worker's Compensation Insurance as prescribed by the Statutes of the State of Missouri, and
2. 
A policy of liability insurance on each vehicle used in the refuse disposal operations covered by the contract, indemnifying both the contractor and the City against damage suits in amounts to be periodically fixed by the City Council, but not less than $100,000.00/$300,000.00 in case of personal injury or death and twenty-five thousand dollars ($25,000.00) in case of property damage.
B. 
Performance Bond. The contractor or contractors shall post a performance bond in the sum equivalent to one-third (⅓) of the yearly contract price with sureties approved by the City Council indemnifying the City against the contractor's failure or inability to comply with the terms of the contract or the provisions of this Chapter.
[CC §19.12; Ord. No. 25, 10-7-1974]
The contractor shall not assign or transfer his contract or sublet any of the work embraced in it without the written permission of the City Council.
[CC §19.13; Ord. No. 25, 10-7-1974]
In addition to the stipulations enumerated herein, all contracts shall contain such other provisions not inconsistent with this Chapter as shall, in the judgment of the officers of the City, best protect the interests of the City.
[CC §19.14; Ord. No. 25, 10-7-1974]
After the contract or contracts have been awarded by the City, the successful bidder or bidders shall promptly execute the contract on the prescribed form and shall return it and the required performance bond within ten (10) days after being awarded the contract.
[CC §19.15; Ord. No. 25, 10-7-1974]
Upon the acceptance by the City of the contract and the performance bond of the successful bidder or bidders, the checks of all bidders on deposit with the City shall be returned to them promptly by the City Clerk, provided however, that if the bidder or bidders to whom the City has awarded a contract fail to execute said contract or the prescribed performance bond and to return them to the City Clerk within ten (10) days of the award of the contract by the City, the deposit of the bidder or bidders concerned shall be retained by the City as liquidated damages or, in the event that a bid bond has been provided in lieu of the cash deposit, the sureties named in said bond shall be liable to the City for liquidated damages in the amount of one thousand dollars ($1,000.00). In such an event, the deposits of all the other bidders shall be held until the next lowest or best bidder have been awarded the contract or contracts and have executed it and the performance bond and have returned them to the City Clerk.
[CC §19.16; Ord. No. 25, 10-7-1974]
In consideration of the satisfactory and full performance of all provisions of the contract, the City shall pay the contractor the sum stipulated in the contract as full compensation for the services rendered by means of equal monthly installments payable on the last day of each month.
[CC §19.17; Ord. No. 25, 10-7-1974; Ord. No. 151, 9-17-1979]
A. 
For Violations by Persons Served. The violation of any provision of this Chapter by householders, business establishments, multiple-family, trailer parks, or public or private institutions shall be deemed a misdemeanor, and each and every day of such violation shall constitute a separate offense.
B. 
For Violations by Contractor.
1. 
For failure to empty a container on collection day. In the event the contractor fails on a collection day to empty a container which a householder or other person entitled to refuse disposal service at City expense has placed at the designated collection point on his premises and which contains refuse eligible for collection at City expense, the contractor shall forfeit to the City for each container whose contents have not been removed by the contractor the sum of five dollars ($5.00).
2. 
For other violations. Whenever the contractor fails to comply with a provision of this Chapter or his contract with the City, unless otherwise specified in the contract with the City, he shall forfeit the sum of 1/306 of the yearly contract price per day as liquidated damages to the City for each and every day of such non-compliance, and said forfeited amounts shall be deducted out of any sum of money that may be due or shall become due to the contractor under his agreement with the City.
3. 
Cancellation of contracts. In the event the contractor violates any of the provisions of the contract, the City, at its option, may cancel and rescind the contract without notice.
[CC §19.20; Ord. No. 480 §2, 1-3-1994; Ord. No. 1014 §1, 7-15-2013]
Any person violating any provisions of this Chapter shall, upon conviction, be subject to punishment not to exceed one thousand dollars ($1,000.00), or imprisonment for ninety (90) days, or by both such fine and imprisonment.