[Adopted 9-1-1971 by Ord. No. 209]
That the contract for the collection of the ashes and rubbish of the Borough of Langhorne shall annually be submitted to competitive bidding, and the contract therefor be awarded to and entered into with the lowest responsible bidder upon such bidder furnishing the security hereinafter required and submitting proof of compliance with the requirements of the Workmen's Compensation Act of 1915 and its supplements and amendments,[1] as hereinafter required, and it shall be the duty of the Committee on Health and Sanitation of the said Borough to advertise such contract for the collection of ashes and rubbish for the ensuing year or the next ensuing two year period to public bidding, once a week for two successive weeks in at least one newspaper printed and published within the said Borough, and the term of said contract shall be for the period of one year or two years.
[1]
Editor's Note: See now the Workers' Compensation Act, 77 P.S. § 1 et seq.
The successful bidder shall furnish to the Borough a bond, with one or more sufficient sureties, to be approved by the Council of the said Borough, in the amount of 50% of the amount of liability under the contract, conditioned that the said collector shall and will, during the continuance of the said contract, well and truly abide by, comply with and perform all the terms and provisions thereof, and all the terms and conditions of this article, and such other rules and regulations as may be adopted from time to time by the Borough of Langhorne, and for the true and faithful performance of his duties as such collector. And said bond, fully executed, shall be delivered by the successful bidder to the said Borough within 20 days after the contract has been awarded unless the Borough Council shall prescribe a shorter period of not less than 10 days; and, upon failure of the successful bidder to furnish and deliver such bond within such time, the previous award of the contract shall be void.
The said ashes and rubbish shall be collected under the following regulations, terms and conditions:
A. 
The collector shall assume full responsibility for the removal and disposition of all ashes and rubbish in the Borough of Langhorne, when placed in proper containers as hereafter provided, on that portion of the sidewalk immediately adjoining the curbs and, where there is no curb, just off the improved portion of the street, once each week on such day as the Committee on Health and Sanitation shall designate.
B. 
Due notice of the time set for collection shall be given the public. All collections shall be made between the hours of 7:00 a.m. and 6:00 p.m., except on Saturdays, when it must be collected before 12:00 noon, except otherwise agreed upon. No collection shall be made on holidays. Where collections are omitted by reason of a holiday, they must be made on the following working day.
C. 
Definition of "ashes." The term "ashes" means ashes from coal or other fuel, and will include such floor sweepings as may accumulate in connection with the ordinary conduct of private dwellings, but not such as may accumulate as the result of building operations.
D. 
Definition of "rubbish." The term "rubbish" means all rubbish from places of residence, and an amount not exceeding 150 pounds from retail store buildings, and will be held to include bottles, mattresses, worn-out furniture, old clothes, old shoes, leather, carpets, broken glass, crockery, tin cans, metals, rubbers, discarded Christmas trees and gutter sweepings and, when tied in separate bundles, paper, rags, small branches from shrubs, and vines, cut grass and leaves. It will not, however, include any material whatever in the nature of earth, sand, lumber, brick, stone, plaster or other substances that may accumulate as the result of building operations, nor will it include garbage or dead animals.
E. 
Loading of vehicles. All vehicles for removing rubbish or ashes must be tightly built and provided with suitable tightfitting covers, construction of which shall be approved by the Health Committee before the letting of the contract. While loading the vehicles they must be partly covered and the greatest precaution used to prevent the contents from being blown or scattered over the streets. When fully loaded the cover shall be placed over the load and made fast.
F. 
Disposal of rubbish and ashes. The rubbish and ashes shall be disposed of by the collector at dumping places to be procured by him, which shall not be within the territorial limits of the Borough of Langhorne, and the Borough shall have no responsibility of liability whatsoever in the obtaining of such dumping places or in the manner in which the collector disposes of the rubbish and ashes at such dumping places.
G. 
Containers. The ashes and rubbish shall be placed in containers, preferably of metal, holding not more than 50 pounds. Papers are to be tied in separate bundles and laid alongside of the containers; this also applies to trimmings from small bushes and gardens. All receptacles containing trash or garbage to be collected by the Borough collector shall be placed at the curb before 7:00 a.m. on the day of collection, but not more than 24 hours prior thereto, and shall be removed on the day of collection.
The compensation of the said collector, or the amount bid by him for which he will remove the said ashes and rubbish, shall be paid by the said Borough in equal monthly installments out of the Borough treasury, by orders therefor passed by Town Council[1] and drawn upon and presented to the Treasurer of said Borough.
[1]
Editor's Note: So in original.
The collection of ashes and rubbish shall be made under the supervision and to the satisfaction of the Committee on Health and Sanitation, and the said Committee is hereby authorized from time to time to enact rules and regulations, not conflicting herewith, for the collection of such ashes and rubbish, and upon the default of the said collector in complying with the terms and provisions of this article, or any of the terms and provisions of any contract entered hereunder, or failure to comply with any rule or regulation adopted by the said Committee on Health and Sanitation, the Council of the Borough of Langhorne shall have the right to forthwith cancel the contract with the said collector, and immediately after such cancellation all of the rights of the said collector under said contract shall cease, end and determine, and the Borough may either proceed to the collection of such ashes and rubbish itself or re-let and award a new contract for the collection of such ashes and rubbish for the remainder of the then ensuing term, and the said contractor so making such default shall be liable and responsible to the Borough for any and all amounts which the Borough shall be obliged to pay for the collection of such ashes and rubbish in excess of the amount provided for in the contract so cancelled, and which such default or penalties may be recovered by suit before the Mayor of the Borough or any Magisterial District Judge thereof, as debts of like amount are now by law recoverable.