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HomeMy WebLinkAbout0670 OrdinanceORDIHAUCE NO.,, . 670 AN .ORDINATTCE REL4TIiTG 'T0 T:I?E *PUBLIC.,lIALTH .Ali?' S11?ITA`I'IOIZ, PROVIDING FOP AITD- RLG 1j1TiITT11E COLLECTION, RE70VAL AND DISPOSAL Or GARBAGE. AUTIIORIZII�TG AIID D`FECTI `G THE '1.1A�OR AIYD CITY CLERK OF TiIL CITY. OF t ASCD }, UI ,SZIIIjGTOIY , TO i�%t'I'ER INTO L COUTRACT THi:_REr ORE UPON 1`112e T'B1 IIS Air D ' CONDITIONS AS SET FORTH IN TINE CO��TTRACT ''SET ;CUT. ?IEREIl W -*C 11 CONTRACT SHALL EXTEND 'FOR .A .E RIOD E±;tD13:IG 5 �Y''RARS DEFINI;,"G OFFEIISES, Ai:D PROVIDING FEITALTIES F0 .TI:1E VIOL- ATIu Y, :];REOr . The City Coundil o.f the City of Pasco do ordain as. follows: SECTION 1. (A) GARBAGE:, The ,term garbage. shall be and is hereby defined as, follows: Garbage shall be' held to mean and include all .accumulations of household waste matter which -has bonn discarded: as of no further value to the owner thereof; including. ashes, cinders,, trade waste., lawn cuttings, grass,.rags, bottles, papers', broken household.furniture, small read 'animals;: boxes, barrels, shrubs, small trees, small lit:ibs of trees, scraps .of boards or lumber, ho -113 -Low material or ware., rubbish in general, and every accumulation of animal, fruit or vecetable 1,Zatter that attends the preparation,.use, cooking, storage or handling of peat, fish fowl, fruits or vegetables; but shall exclude earth; sand,.gravel, build— ing. t.aterials, building waste,,trade waste occasioned by goods condemned in case lots or greater, quantities, manure,, night soil, seiiai-e; large _dead animals, automobile'bodieS, large trees, slaughter house waste,.'_ cleanings from public and private catch basins, fire refuse and -extra, ordinary waste not resulting. from natural' waste of ordinary dail�r .living.; and also shall include swill.:' .(B) HEALTH OFFICER.: The- term health .,officer shallmean the ' to cal health al:!thorit-,; of tie City of. Pasco, -or his 'duly. authorized agent or represehtative, (C) PERSON: The term person shall mean.'ahy person, firm, torpor- ation or Organization oP persons. SECTION 2. It shall be unlawful for any person to deposit-, throw, place within the City of Pasco or to burn within the City of Pasco (except.trees, weeds, and grass may be burned'in residential districts) any garbage in any lane, alley, street or other public place within the`city of Pasco; or to dis pose of garbage on private property by ,incineration; or to deposit, -'throw or place any garbageupon any private property, regardless of ownership, unless said garbage shall b.e placed' in a j�letal •water -tight . container, ' not exceeding 30 gallon's capacit;�, fitted iiith a tight c.ov©r' Which. shall not be removed except when neces.sar.y for' the depositing or removal: off' :garbag,e; provided, however, that boxes, .barrels, shrubs, 'small trees,.. small limbs of trees, scraps of boards or .1�:,mber, all hollow material or ware and rubbish in general may be broken, Icut up and placed in bundles securely. tied, or in boxes, c'artoris, or other -receptacles reasonably easy to be handled and loaded by one'per.son onto a collection vehicle. All cans, bundles or other garbage receptacles, as' above specified; shall on the scheduled garbage collection day, be placed at the rear.lot,line where alleys are 'adjacentl thereto, or, where n.o .alley is adjacent to the .rear property line., shall .be placed at the yfroxlt property -line, Its shall be unlawful, however, for. any can, bundle or refuse or garbabe receptacle to be placed on any sidewalk, or street. rf necessary in the opinion of the .: 2 Health Officers garbage ccans..shall be so secured as to render -the said garbage dans ina'cdessi.ble to all marauding animals, This sh-all be re- quired only .upon th'e ivr.itten instr-actions of the Health Officer. SECTION 3 l All dome'stile gIarbage before being deposited in agarbage can.. as hereinbefore ;:pro�ided - shall be .,drained and `wrapped in paper 'or other material .in su,6h a 'mariner. as to prevent; as .nearly .as possible, moi s- tore from such; garbage co u.ng in eo'n.tac t.° vith ' the sides or b.o't torn of the metal container. SECTION -4. z It shall be. unlai�iful for any person, or any agent or employee thereof other than the authorized officers; agents and employees of the •contractor to hat1tl, carry or convey, through, along or upon any public street., alley or si-d6vialk within the Cite, any garbage as.,.defined in paragraph .one of this ard.inance, 'except, as noted in Section,. 7 , thereof . 1,1, -pe son, Except for purposes of: dollec-tion, under 'proper, authority shall, in :any manner 2lterfere-"LVitkl any garbage .Or refuse container Or .Contents. thereof, nor any bundle of refuse. SECTION. That the mayor ;and the City Clea, of the City of Pasco are hereby authorized and'directed to, -execute in' the name of tYie City of .Pasco the following. contract. 'wi.th, the persons ar ed therein for the period tier-ein set forth and :upon=the terms and ,dQn*dition,s thereof; that.. befog_ e said " contract'. shall take' effect', the contract&r .shall file with the City Clerk and. keep. in fall" foree , and effect dur2ng 'tne.' term of said contract a .bond approved as to .forty; by the- City , _Atterney','and .as - to suretb the 1ua the Councilmen' of .the,,City .o co Bas, n��1 _ � e enalsum of$5,,0 `y y ' �T or and P 00.00` with, Ghe contractor as, p ,fnc pal coridit3oned that he will faithfully perform the contract_ and pair all lai c r.ers, me ch ' ` ce and materialmen and all per- sons who shall suppl,,r said contract:ar with. provisions, equipment and supplies far the carrying. on of the, work;� -cond'itione'd further that the contractor tivill; indemnify and, save the ,City of Pasco free and harmless from, any and alli ,lo.;ss : da".1 - Mage, claims, s its' or ju.dgtr_ents of. every kind and description �rTHle.h,.may occur, to off, ae suffered by any person by reason of or arising Out of,"theperf_prt.iaace :df the. contract and t;1ai tete colltr- actor will appear aid defend any action .of suit instituted against the City arising out of 'the said contract, which is -in words, letters, and: figures as ,.follovis,' to -wit: COHTRA.CT VHDIRKAS; it has 'b.ecome necessary for the City of Masco, Washington to arrange,for the disposal of garbage collected within said City and 1"diiEREAS, i.t is necessary that. provision be made for the care, maint- enanc and opst�ation of, tle garbage dispo.dal at the garbage dump of the City of Pasco, - at vrhich t�iere s�aall .Tree ,iiiainta:in:ed. , a. sanitary f ill apprc� fired by the City Council. an EAhis- 17- E S, �OHIN DIE RICH, d/b/a Pasco Disposal. Service .has•�at his -own' expensecaused .iraprovements to be rade on said: garbage, dump and has secured the necessary personnel and -equipment for, the pr' oper operation and maintenance-,af 'said garbage within the City off' Pasco for a.>period_ifrom the date hereof to Dec. 31, 1955 , upon the terms and conditions here in after set forth,. except persons residing in said City may haul, for disposal, in their Own vehicles, ashes,. garbage and other inflamriaole material, including bush and small trees, from premises owned or occupied. by themselves as single family residences. c - 3 , 1406 THEREFORE, 1T 1S HEREBY L 3DEtRSTQOD A1 D AGREED AS FOLL017S: The City of Fasco, Wash,�ngton, hereinafter o calked, "the City", in consideration- of the promises herein contained in be'alf of John Dietrich, d/b/a the Pasco Disposal 's'-ervice, hereinafter called.the "contractor"; and further .in "consideration of s`aid,<con'txac.tor having agreed to pay to the City of Pasco an 'annua'l ,fee of:.". '. ?75.00 per year., does hereby give and grgn.t unto the contractor the -exclusive right to collect garbage in the City of Pasco for that period of time commencing on the date of this contract and terminating December 31, 1955 upon.the following terms and conditions: (1) The contractor hereby agrees to.m.aintain and operate the,garbage durrip of theCity of Pasco for, garbage ' di s-oosal and to maintaina proper sanitary fi-1l at said dump, and to. furnish all labor'and equiprgent tierefor. (Z) The -term" arbage" vnenever used herein shall, be construed accord - 9 to t% e ' definition .of garbage set forth in Ordinance o. 67.0 'cif : the'. City ,of Pasco and aiatiiorizing the execution of this agreement, and that all prow- isions of said ordinance s= all remain in full force and of 'ect during the ter,, -,j of this contract. (3) . Employees in collecting garbage will be required to folloyr the regular walks for -pedestrians vThile on private property. T,o trespassing by employees will be. perr_itted, nor crossinE; property to neighbors premise`s, nor meddlin.E with nrop'erty which does not concern then. r;.xtra 'came must be taken in loading; and transporting so that none of the material collected is.left either on private property or on the streets or alleys. Collections of garbage shall be made as follows Daily except Sunday unless deemed necessary by the'nearth Department.. Provisions must be made by the contractor to take care of emergency complaints when garbage Inas not been colledte.d upon the.regular scheduled trip, and to tare case of all other special. or emergency. calls: Collections. must be madeas quietly as'possible, especially,in the early Morning hours. (4) The contractor shall furnish.: vehicles especially de,si,ned for the collection and hauling of.garbage and..waste products. The contractor mast keep the vehicles furnished clean, sanitary, neatly painted and in good running order, and shall wash then daily when weather permits. At inter - vials deerLied -necessary by the Ha&lth Officer, the contractor shall steam clean and disinfect all such vehicles entirely at the contractor's cost and expense. Said equipment shall be subject to inspection by -the City at all reasonable tires. Each vehicle shall have a ticght. etal body, and shall at all times be provided with a suitable canvas or o t;ner ap2roved cover having eye -lets provided so that it r.-,azi be securely fastened over the load, and such cover shall ire- fastened whenever required to exclude dust and -prevent scattering .o f -waste paper, -or when. necessary to prevent ex- posing of 'un.sighitly refuse after the loading of the vehicle is completed. and it is enroute to the dump. Vehicles shall be painted a uniform color and numbered-consecut- ively umbered.consecutively from one upti�rard and ,sj'.ia,ll have the con u-ractor Is name and the number of the. vehicle -oaintod ilri letters of a contrasting color' at least our (4) inches hila on each side o... the vehicle . and the -number painted on therear end. 110 advert' sing will be per -pitted other than the name of the ont7 acto... (5) All employees operating, vehicles or collecting garbage shall at all times be courteous and !shall `riot use loud or profane language, rLor be loud or boisterous. (6) All salvage b junit, of any kind or, izature enco`antere.d in the Barba e *being eoll.e:cted.. shall` become the pro' p ert';j of the contractor. (7) 'The cbntractor vill.be required to maintain aurin£; regular Pasco y business hors 'ate office provided alth telephone ,end sz�cn' Yatte�ndan s as ma.y be necessary to take. care: of all' _carapla"irts or ;orders for` srec{aI (8 Collec.tionp removal and. di"sposal of gaiba;.�q from Ghe T. station, police station,, city library, . i ater•sriop ani city o�'ar�ed bu lain s used, strictly for ga.verr!i entwl•. purposes.,: azd cit-y parrs :ri cin tine City l�i�a ts, ` zrr llcollec'ced gree,- provided the safe is placed in eans convenienuly f , 1cafed for collec,ton:' (�) X11" garbage and refuse collected, b the Cit � 'frog: any o its ' streets or othbr -puralic places .not included in the provisions- of paragraph, 8 abode, shall 'be-deliv'ered'by%tie "Citi to the c. ty� dtzr,3p' a��� vi11 be here processed. by the con.t`ractor Without- expense, to the CI;ty` z (10) A-1:1 aroa e capLab16 of belrrg Wirnedk shal3 b�e Darned at the city dump -gith • reas:onable promptness.' aft.e�.. .collection thereon', kx y : gar'aage diverted for f.eed;:shal,l .be. `handle:( in a s'si�i ary { an�?ex'. (1,J) The rates to be charged by .the . contractor RncIv pa-id by xaerso��s served."in. thy• collection of aga.rbage s a11: be as folloti-rs: l''or., the �Yeel:ly collec:tinS,r i e :loving and disposing of garbage there sclwll : 'be a � anth Iy X �' .� charge of 01,T J)Gt L� R (�l, fl) for each 30. gallon can e ' garbage'. and I �j iY C3TS (°4 -5fl per '_ricinth charge far each additional can: `i�his charge to be. based on a weekly collect on and to be in.cre6-sed in c.ire'ct droportion to tp nu bbr oP, collections �p:er week and, it shall be i7nlae�fi�1 for .anJr ?er30n. to aec�ositarbae ,in arty, but his Darn" gar as e 'recenu:acle,, - y. - , (.12) Accou:n�s .nor >garba c" and refuse .,ser ioe shall oe_ dae cn th.s i.°first day of t:r±,e month .and s�a.11.become d"elingizent if not Raid on` br before. the 10th day of she .z oath folloz^rine that ur n .�r�icr. the service, trasr rendered, Forconven convenience -ano ec n�o�y to` himself' an i. "o- +pis o stormer-a tine contractor may bill_.c,. stomers, in the "resid.ential d 1strict .'quarterly,.' hoti 6ve'r. the Banti %' ctor nao consider a cies for er de1icies3t _exceptas defined in'' this iaragraph,: the eor-tr:actor';shall'not-be 'cxbliged to render service to a? orae. vrilo. •r.efUses to,�psjr the scheduled rate -or wh is... dela ingve�itin tf e payr�xent "ofY gill .for service; -=til such bills:"hake been zully gay d, v. ? hE� renlo"Ya1: of ;arba ' e� at .arc"y t i _' from any locality: may ,,be -ordered. -byr ,. the City- Council o b 15 y fir- tale lie aluh Cifficer �vr�ere it is �`ecided. that slag' removal is` nccessarT- fc�r the prompt protector acid ??reservat7 on o'f tub l ie health aid "sa ri t"at ori.. In' all •of such 'cases, the co,ntractor shall have. the right to, charge and collect from the; cus.torder_, the person who `caused the deyoosit . of garbage to aeciaiaizlate, a swh- equal to three titres .the . sr�ouri t usually= cliaiged under this—contract, (33) The torch of this coni�ra'c-t shall 'be. for a �aeriod fror_� the date -hereof to Decei�aer 3.1, 16-55 ; (14) Keither thi-s contract for any interest therein shall be assigned' ca 't .ou:t 30, oaf`s wr ten, noti:c:e . t.a the City-.of fiasco orse iU .of th.e C, aur_ Council 10. n7 (15) The coiltra:c.tor shall ate all taches car TD -V Vith• the 1a�zs of the Mate of Was i.ngt'oY aerta�nara; to "'dusrtr<ial insurance,: (16) Tht contractor covenants aid a°grees'�.s.rd d©es !2er€b:; �3�rantee to save h4vMles;s and Inde,-,. ilfy the Cirty from any 1os.s da.rlage, cla`5rn ,sutas, jud-grients •.and i�ecoverie.s inzh.�:eh xray' "cue as`ser'ted, Y ade''or iz�ay a else or be bre ug1lt, or recovered agAnsst the Cityarising c�u� of: tie performance of chis contract oy the conlraeto4 sd ar�rees t.%int ti^gill imtccatel: appear l" caild defend the:-:sacie, at l:isow1l" w flag ;ex�oerz e, h� 4YY 4 x,17) This contract W4 11 inniediately become effective and be inforce upon, the contractor fqin& rith the City Clem:' a performance bond in the SUM of $51000;00 to be' kept in.' -force thr-oug�aou.t tare term of this contract, with the contractor as principal and such person or oe,rsons as may be satisfactory to the'i= aygr and City Council .Qf the City of Pasco as sureties.,. together with policies of liability'.:insurance on ail b4tiipnent operated by the contractor: (1s) It is. agreed, ;k owe.ver, .that e L thdr parte to -'this contract, i ay serve written notice to the other warty on or before the .31st day '.of December of an)y year. of his desire to tej'rginate the contract .on the next succeeding July. 1st following, or for ate: adfu'str-�ent of the terms of the contract. Upon receipt of such notice of the desire for.adjustment, both* parties agree to irL;�ed.ately bo into conference for the purpose of negot- ia,ting, any adjust�atents that- may -,Ue "deemed. just by ,either party. �ny such notice either by or : to the, City "of fiasco -under the,terms of, this contract shall be given to the City' Gl.erk of the said City Should the parties fail to agree on said adjustments by April 31, followin., sue'll notice, the con- tract shall then terminate on the first day of July newt following. It is agreed that any failure of, or delay in the performance of. the contract necessitated or caused by act or order. of any military or divilian defense authority, or, act of war, or inability to obtain competent work.ers,, shall .hot constitute a default, In 't1, & event the-. contracto,r shall at. any time. during the.. tern of this contract fai ,to' remd.,ve the garbage, from the City o.f Pasco" in accord- ance w,ith,he4terms hereof,. or shall- fail to care for the', garbage dumps in a manner it keeping with the practices obtaining for such work, or in the -event, the same shall become unsanitary, which determination raay be made by the Health Officer, the Cit- maytgive the contractor thirty (30) days notice in writing of anv matters vrherein it is clair.ed he is in de- fault, and in the event- the contractor fails to correct. the miat lets therein mentioned within said Thirty. -day period, this contract shall be terminated and ended and all equipment- 'installed in or us -ed- as a ,perman.ei�it installation at said garbage dump -and said sanitary fill; shall become the, property df the City of Pasco. Dated at Pasco, pdashington, thisIda of 1980,' J01 -111T `DIETRICH d/b/a a " CITY. OF PASCO DISPOSAL SERVICE BY 3Y U ATTEST CI`T'Y. CLERK SECTION 6. If any section, subsection,-, subdivision or ser_tence or c1 ause of this. Ordinance- is held to be unconstitutional or void,'such,decision"shall not .affect the validity of the.remaining portions thereof. SECTI OTI ' 7. . Any person violating any of t1ge !bro'visions of 'this ordinance: shall be punished,by a fine of not ;more. thaxi, Vi.�fty Dollars (;50.00) or by iniprison-