[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:
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.
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.
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.
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.
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.
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.
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.
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.
Any dwelling with facilities for four (4) families or an
area designated for parked trailers.
Any individual, firm, company, co-partnership, corporation,
association, club, other organization or their agent or employee.
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.
Plastics, aluminum and tin cans, glass bottles and jars,
newspapers.
Garbage and rubbish as defined separately below.
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.
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.
[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.
