(a)
The owners of all business, commercial, or industrial establishments,
or the persons in charge of or having control over such establishments,
shall subscribe in the manner provided for in this section to the
collection and disposal service of a person, firm or corporation having
a contract or franchise with the city for the collection and disposal
of all garbage, brush, refuse and other solid waste, to collect and
dispose of such wastes accumulating upon the premises of any such
establishment upon the terms and conditions provided for in this section.
(b)
The person, firm or corporation occupying or in possession or control
of any private residence shall subscribe, in the manner provided for
in this section, to the collection and disposal service of a person,
firm or corporation having a contract or franchise with the city for
the collection and disposal of all garbage, brush, refuse and other
solid waste accumulating upon the premises of or from any such private
residence upon the terms and conditions provided for in this section.
(c)
Every person, firm or corporation that is a sewer, water or electric
customer of the city shall automatically become a customer of and
subscriber to the solid waste collection and disposal service provided
by a person, firm or corporation having a contract or franchise therefor
with the city and upon the terms and conditions set forth and contained
in this section. Every application for sewer, water or electric service
from the city, and every future deposit made with the utility office
of the city, shall be deemed to be application for such solid waste
collection and disposal service and security for the payment therefor,
and each such application shall constitute a contract and agreement
by and between such applicant and the city.
(1990 Code, sec. 4.705)
(a)
Any person, firm or corporation wishing to engage in the collection,
handling or disposal of solid waste within the city shall obtain a
contract with the city. No such contract shall be for a term of more
than five (5) years. Said contract shall automatically be extended
for an additional five-year period unless the city notifies the contractor,
in writing, that the contract/franchise will not be extended past
the original expiration date. This notice shall be given a minimum
of one (1) year prior to the original expiration date.
(b)
Any such contract shall further provide that compensation shall be
an amount equal to the amount billed in accordance with the garbage
fee schedule less five percent (5%), which will be retained by the
city for billing and collection expenses, less three percent (3%)
of the balance for a franchise fee, which is the current rate paid
by the city's electric utilities.
(c)
Any such contract shall provide that the contractor shall obtain
and maintain workers' compensation insurance, comprehensive motor
vehicle and premises liability insurance, and any other insurance
coverage as may be required by the city, with minimum limits of coverage
to be set by the city.
(d)
Any such contract shall further provide that the contractor may transfer
or assign the right and obligations arising under the contract only
with the prior written consent of the city council.
(e)
Any such contract shall further provide that in the event the contractor
shall become bankrupt, the city may, at its option, cancel and terminate
the contract in the manner and by the method provided therein.
(f)
Any such contract shall further provide that the contractor shall
be deemed to be an independent contractor and not an agent or employee
of the city, and that the contractor shall indemnify and save the
city harmless from any and all lawsuits that may proximately result
against the city by, through, or under the provisions of the contract.
(g)
Any such contract shall further provide that the city manager shall
be responsible for the administration of the contract for and on behalf
of the city.
(h)
Any such contract shall further provide that the contractor shall
obtain a good and sufficient performance bond in the amount of one
hundred thousand dollars ($100,000.00), which shall be in the standard
form for the purpose of guaranteeing the faithful performance of the
work and fulfillment of each and all of the provisions of the contract,
whether expressed or implied. Such bond shall be submitted and approved
by the city prior to the effective date of the contract. In lieu of
a corporate surety bond, the city may accept a cash escrow equal to
the amount of the performance bond subject to withdrawal only by the
city and the contractor jointly or upon order of a court of competent
jurisdiction.
(i)
Any such contract shall further provide that in the event of breach
of any provision contained therein or embodied therein by reference
by the contractor, the city may, subject to the revisions thereof,
terminate and cancel the contract.
(1990 Code, sec. 4.724; Ordinance 23-029 adopted 10/10/2023)
(a)
Any person, firm or corporation desiring a franchise for the collection,
handling or disposal of solid waste shall make application to the
city council, which shall cause to be made such investigation as it
may consider necessary in order to determine whether or not the public
convenience and necessity requires the granting of such franchise.
Any franchise so granted shall be subject to the terms and conditions
of the city charter.
(b)
Any person, firm or corporation desiring to enter into a contract
for the collection, handling or disposal of solid waste shall make
application to the city council, which shall cause to be made such
investigation as it may consider necessary in order to determine whether
the public convenience and necessity requires the making of such contract.
In the event the city council finds and determines that the public
convenience and necessity requires that the city enter into such contract,
the city council shall direct the city manager to execute the same
for and on behalf of the city, and the city council at such time shall
fix the effective date of the contract and the term thereof.
(c)
Any such franchise shall further provide that in the event of breach
of any provision contained therein or embodied therein by reference
by the franchisee, the city may, subject to the revisions thereof,
terminate and cancel the franchise.
(1990 Code, sec. 4.725; Ordinance
adopting Code)
No person, firm or corporation engaged in the collection, handling,
disposal or in any manner dealing with garbage, rubbish, manure, trash,
refuse or other solid waste shall separate, unload, offer for sale
or trade, or exchange all or any part thereof within the city except
at places designated by the city or as authorized in this article
or any ordinance of the city.
(1990 Code, sec. 4.709)
All garbage, rubbish, brush, trash, refuse or other solid waste
within the city and collected for disposal by any person, firm or
corporation pursuant to the provisions of this article shall be delivered
to and deposited on the sanitary landfill designated by the city for
such purpose and nowhere else; provided, however, any person, firm
or corporation electing to deposit any solid waste on and at such
sanitary landfill shall assume all risks incidental thereto.
(1990 Code, sec. 4.719)
It shall be unlawful for any person, firm or corporation engaged
in the collection of solid waste to pick up, remove, handle, transfer
or haul such solid waste within the area of the city bounded by the
Missouri, Kansas and Texas Railway tracks on the west, the St. Louis
and Southwestern Railway Company tracks on the east, Jordan Street
on the north and Washington Street on the south between the hours
of 3:00 p.m. and 6:00 p.m. each day.
(1990 Code, sec. 4.722)
(a)
No hazardous waste shall be placed for collection or be collected
under the terms of this article.
(b)
Hazardous waste shall be handled in accordance with the terms of
all applicable city ordinances, state laws, and federal laws and regulations.
(c)
The provisions of this article shall not apply to hazardous waste,
and nothing herein shall be construed as an attempted regulation of
hazardous waste collection, handling or disposal.
(1990 Code, sec. 4.723)
