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Home My WebLink About0785 OrdinanceORDINANCE NO & 785. to AN ORD-I'NANCE RELATING TO THE PUBLIC HEALTH AND N' SANhTA�TONo'. PROVIDING FOR AMID REGULATING THE 0LI�ECTION - REMOVAL AND DISPOSAL OF GARBAGE;:_. 1 y spa 4j� ! AUTHORIZING AND, DIRECTING .THE MAYOR AND CITY `C RKr ,0'F THE CITY, 9F PAS CO_ WASHINGTON TO ENTER CONTRACT SET OUT HEREIN AND CANCELLING F ti'r EXISTING`CONTRACT AND PROVIDING PENALTIES FOR'THE ` VIOLATION THEREOF The City Counc ",OP the -'City of-1"asco do ordain as follow�.t SECTION 10 j....,` (A) GARBAGE_: The term garbage shall be and is hereby. •defined as follows: Garbage shall be held to mean and include all accumulation of household waste matter whioh-has been discarded As.,of no further value to the owner thereof,, including ashes., cinders, trade,• waste.,. lawn•,,ciitt%'rigs, grass, .rags, b .ottles, papers, broken household furniture`,'small dead•animals, boxes, barrels,.shnubs, small trees,. _small:, limbs --of trees:, scraps of boards or, lumber, h'ollo'w.. material or ware, rubbish in general,.•and....every acumulation of animal, fruity or'veg- etable matter that attends the preparation, use,.cooking, .storage or handling of meat., fish, folw, fruits or vegetables; but shall exs3ude earth., sand, gravel, building materials, building waste, trade -waste occasioned by .goods - condemned 'in case lots or greater quantities, manure, night soil, sewage,. large dead animals, automobile bodies, large trees, slaughterhouse waste, cleanings. from .public , and private • catch basins, fire refuse and extra-o.rd*- inary'wias-te not resulting from natural waste of ordinary daily living; and also shall include swill, (B) HEALTH OFFICER: The term health•officer shall mean the local . health authority 'of the City of Pasco or his duly authorized agent, wr rep - health (C) -PERSON:: The term person shall mean any person, firm, -corporation or organization of.persona� SECT ION 2 It shall .b6.uhlawfulfor any person too deposit, throw, plate 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, .land, alley, ' stre.et.or other public plase within the City of Pasco; or to •dispose of garbage on private property by incineration; or to deposit, throw or place' any garbage upon any.private property;.regardles.s of -ownership, unle.s•s:s'aid garbage shall be placed in'a metal water -.tight container, riot. exceeding 30.gallons capacity, fitted•••with' a tight cover, which shall- not be. removed except wheh necessary for the. depositing or removal .of garbage;* •prov;ided, . howeve.r, that boxes; „ ba'rre'ls, 'shrubs., small trees, small limb s::or trees', scraps of boards or lumber," all : hollow -m'ate'rial -or ware and rubbish in .:general may be broken, cut up and placed in bundles securely:.tied, or. in.boxes,'-carton's, 'or other receptacles.reasonably easy to be handled and.load:ed-by one person onto a collection.'behicle, . All cans, bundles' or "other garbage -receptacles,, as. above .spe-dified; shall on the scheduled garbage :collection day,. -be placed at the rear lot line where, alleys are ad jace•nt .-thereto' It shall be -.un- lawful, for a'ny can,' bundle or refuse or.- garbage receptacle . to•. be placed on an sidewal y k•,_ or street, .,: if necessary, in the opinion of the Health Uff.icer, garb age:':cans shall be so 'secured_ as to: render' the said'garbage cans inacessible to all.marauding' animals._' 'This'. shall be required only upon the. Written instruction .of the Health Officer. SECTION .3;, All :domestic garbage before being de'p'osited in a garbage . can as here inbefore, provided 'shall be drained .and wrapped in,paper or.o,ther. � material `in such a manner -as to. prevent • as nearly possible., ossibie,, moisture • from. -such- garbage coming- in .contact with the sides'' or bottom -of the -metal c o nt a i ne'r'le. SE�CTIO_N;. It shall be unlawful`for any person., or any.,agent or•employee thereof; other than.,a'he ,authorized ox icer.s, agents -and employees of..,the•. contractor, to haul,' carry or convey,. ,t.hrought. along or .upon :any public street, alley or sidewalk, within the City; ariy,:garbage -as^ defined in paragraph one of this Ordinance except. as noted in Section'! thereof. No person, .except for purposes of collection, under proper authority shall in .any manner interfere with any garbage or, refuse, cornt&lner or, contents;,thereof,.-- nor :. any bundle ,hof refuse v. .SECTION 56 T That the IV1ayor- and the, City . Clerk of the City of .Vasco are hereby ,authorized anddirected• to',. execute' -in the name of •-the . City of Pasco ,.the. following. aontract':.with ..the persons named therein .for the period there -in set forth' and upon.`the terms. and condi:ttoris thereof; that before said contract shall _take effect., h6 contractor. shall file with the City, _Clerk` and keep in full forceandeffect during the term of said contract .a .bond ,. "approved. -as to form by the City and and;'as to surety by :the `Mayor and the Councilmen 'of the City of fiasco.;, inthe penal , sum of 5,.000.00' with the 'con.tractor. as -principal; conditioned that 'he will faithfully ,_perform : the cont�act.,and pay all laborers,, mechanics and mate'rialme'n and all per- sons who -shall. supply.'said contractor- with provis-ions,' equipment and suppl- ies lof the carrying on "of the work; cond.i,tioned+-further that .the contractor will indemnify and save the City"of Pasco free and harmless from any and allloss' damage,- claims, sues.•r judgments of every kind and description-' which may occur; to or be ,;suffered, by ..any personby reason 6f or ar.iaing.: out of the performance of the contract .and. that 'the contractor will appear and defend -any action .of suit ;instituted'; againstt °thei !City arising out of the. said contract, w1ch is in words, letters, and •figures, as•follows,. to -wit : CONTRACT WHEREAS, it has become necessary for the City'of Pascoi Washington•, to arrange for ,the disposal,of garbage collectedwithin said --City,, and WHEREAS,, it' is necessary -that provision be made for the care, maint enance . and operation of the . garbage disposal -at the.' 'dump :of the City of Pasco, at which,there shall be maintained a sanitary ' fill approved by the. City Council and WHEREAS, JOHN DIETRICH, doing'business as Pasco Disposal Service has, at his own expense caused ..improvements t.o •be made on, said garbage dump .and has secured the. necessary -personnel and equipment for the proper operation and maintenance of sa-id•'.garbage disposal system.within the City'of.Pasc'o for a period:from the'date hereof to-Dec.ember 31, 1964, upon the terms and condttionshereinafter set forth, except persons' residing -in said city, may. ' .haul for disposal, in' their own vehicles, •ashes, .garbage and other. inf lamm-- able material, including brush -and small trees, from premises owned :or l occupied by themselves- as sin l& f amily residence NOW, .THEREFORE; IT IS HEREBY UNDERSTOOD AND AGREED AS HOLLOWS* The - City of,. Pasco,' Washington, - here'inafter called "the Cityn, in consider eration of the:' -promises' herein, contained, in behalf of John Dietrich, doing business ' as the' casco Disposal. Service, hereinafter called the "contractorlt, and further in comsiderati-on.of• said contractor having agreed to pay' to the City of Pasco, an. annual fee of $3,500600 pear year,: does .'hereby give` and grant. unto the_contracto,r the exclusive right to collect garbage in'the City of 'Pasc'o for that period of time. commencing on,.the date of this contract and terminating December,31.,' 1961 , upon"•..the '.following terms and conditions: (1) The .C'ontractob hereby agrees to maintain . and operate the garbage dump of 'thee"...City of"' asciolfor. garbage d:ispo,sa`l ,and.. to maintain a proper sanitary fill, at said dump;' and: to furnsh'-all- labor and. -equipment::,theref or (2) The term "garbagan whenever used herein shall be construed according to the' 'definitiori."of garbage set forth in Ordinance No, 670 of _ the 'City .of .Pasco and 'authorizing the execution of this "agreement, and that. all provisions of said ordinance shall remain in, -full force and effect -'during the term �;of this contract, (3)' Employees in collecting garbage will. be required 'to follow the regular walks for pedestrians.while'o'n private property* No, trespassing by.employees will be permitted, nor crossing property to -neighbors premises, nor meddling with property which. does not concern them. Extra.care must be taken in loading'and.transporting so that none of the• material - collected .is le Pt either on private property .or on the streets or. alleys 'Co 1.le•ctions of -garbage shall be made as follows: Daily except Sunday unless deemed necessary by the Health Department. Provisions must be made by`,the contractor to take care of emergency complaints when garbage .has , not- been .col,lec•te'd upon the regular scheduled trip, and to ;:take care of all other special or emergency calls* Collections. must be made as quietly as''possible,-espec'ially in, the' early morning hoursa (4) The contractor shall furnish vehicles especially designed for'the collection. and hauling of garbage and':waste'produc.ts..,.The,contractor must keep the -vehicles furnished clean, sanitary, neatly painted and in -good running,order, 'and.shall wash them daily when weather permits. At intervals deemed neceas:ary by the Health Officer, the 'contractor. shalh steam clean and disinfect all such -vehicles entirely. at the contractor's cost.and expense Said e.quipment shall - be subject 'to inspection b*y the City at -all reasonable times. Each vehicle,shall.have a tight metal,bod-.y, and shall, at all times be provided.with, a suitable canvas or other approved cover having eyelets provided so that _it may be securelyfastened 'over theload., load, and such cover shall be fastened whenever require.d,to exclude dust and prevent scattering of wastepaper, -or when necessary to prevent exposing of unsightly refuse after the loading of the vehicle is completed and 'it is enroute to the dumpO Vehicles shall be painted a uniform color and numbered consecutively - from -one upward and shall. have the contractor's name and the number of the vehicle painted in letters of a contrasting color at least four (4) inches high on each side of the vehicle and the number painted on the rear.end. No advertising will be permitted other than -the name of the Contractors (5) All employees operating vehicles .or collecting garbage shall at all times be courteous and shall not use loud or profane language, nor be loud or boisterous,* (6) All salvage or..junk of any.kind or -nature encountered in the gar" bage being collected shall become the property•of the contractor, .(7) The contractor will be required to, maintain during regular Pasco business hours an office provided with telephone and such attendants as may be necessary to take care of all complaints or orders for special service. (8) Collection, removal .and disposal of: garbage• from the .fire station, Police station, city library, wat-ersho,p and city owned buildings used strict- ly for governmental purposes, and city parks within the City limits, will be collected free, provided the same is placed in cans conveniently located for, collection. (9) All garbage and refuse collected by the City.from any of its streets or other public places not.included in the provisions of paragraph 8 above, shall be delivered by the City .to the city cump and will •be there processed by the contractor without expense to the- City. (10) All. garbage capable of being burned shall be burned at the City dump .withreasonable promptness after collection* thereof. Any garbage diverted. -for feed shahl be handled in a sanitary 'manner. (11). The rates to• be''charged by the contractor and paid by persons served in the-.collect'ioh of gar,6age shall• be as; -follows For the weekly collecting, removing' and -disposing 'f garbage there.a shall be a monthly charge o f ONE DOLLAR ( X1.00) ;for each 30 gallon . can of garbage and FIFTY. - CENTS ($.50) per month charge for each additional can and'ONE DOLLAR AND FIFTY CENTS:($lk50) for each-30.gallon can.placed at rear of houses where there, is no alley. This`eharge to'be based on a weekly collection and to* - be increased, in direct proportion to the number of. collections per week ' and it shall b.e.unlawful..for any per'son-to deposit garbage in any but his. own -garbage receptacle. (.12) Accounts for garbage and refuse service shall be due on the first day of -the month and shall become' delinquent,'if not paid on, or before the' 10th.day of the month following that during which the service is rendered. For convenience- and economy. to, himselfi and. to.,;hi,s customers the contractor „f . may bill, Pus-tomers`in the residentialdistrict quarterly,'howeverr, the ,contractor may not consid6r..a customer delinquent except as. defined imthis •paragralih. The contracto;r' st all 'no t'.be�, obliged t6render service to anyone, who refuses to pay the scheduled rate or who' is.•de:linquent%in the payment of bills for service until sudh.b.ills have been fully paid.. The removal of -garbage at any.time from any locality may b'e ordered by the City Council, or by the Health Officer- where it is decided that such removal is necessary :for the prompt protection -and preservation of'public health and'.sanitatione In.all of such cases, the contractor shall have 'the right, to charge ''and collect from the customer,. the. person who caused the deposit.of garbage to accumulate, a sum equal to thre'e'times the amount•usually charged.under this contract, (13) The term,of this contract shall be'for a period from the date hereof to -December 31,,.19614- It is.agreed, however, that.either party of this contract may serve written notice tot he other party on December 31, 1959, or not more than'90 days' -before December. 31, 1959,, of his desire to. terminate this -contract on July l,, 1960, or for ,an adjustment of the terms of ' the contract R Upon receipt of such notice of the desire .for -ad justmerit' both parties agree to immediately go into conference for,the 'purpose of negotiating= any ad justments • that' may be ''deemed! just' by ,etither party. Any such notice either .by or to the City of Pasco under the terms of this con- tract shall be given to the'_�City Clerk of said City.. Should the parties fail to agree on said adjustments by April l; 1960, the contract shall then terminate on July 1, -1960. -(14) Neither this; contract • -nor'• any interest therein shall be assigned ' without .30 days written' not ice• •to the. City, of Pasco and' consent of the City. Countil by.motion. (15) The --contractor shall at all times comply with the -laws of the State of Wa'shington'pertaining to industrial -.insurance, f. (16) The contractor covenants and agrees and.does'hereby guarantee to save harmless and : indemnify" .the .City from any, loss, ` damage., claim, sues, judgments and recoveries which mgy be asserted,-mad.e'or ma y. arise.or be -brought, or recovered against. the .City arising out ..bf . the 'performance of this contract by the.contractor-and agrees that he will. immediately appear and defend the . same at his'own cost -and expense m. (17) This contract will immediately become effective and be in force upon the contractor .filing. with the City Clerkd performance bond in the sum. of $5,000,00 .to -be., kept in ,for.ce •.throughout the `terms of, this contract, with the contractor.as principal and such person or persons as may be satisfactory to the'Mayor and'City'Council. of .the City of Pasco as sureties, together with :policies. of 'liability insurance. on all equipment operated by the contractor. (18) It is agreed'that any failure of, or, delay in the performance of the contract necessitated - or caused by act or* order of any milita'ry", or, civilian defense authority,, or act -'of war, or-inabili.ty'-of obtaining com- petent workers, shall not'constitute a default. (19) Tn•the event the contractor shall at any._time during the term of this contract fail to remove ,the garbage from the City of• Pasco, ' in • accord- ,ance with the terms hereof, or.shall'.fail to care for the' garbage dump in a manner -in keeping with . the practices. obtaining, for. ' such, work, or in the event,, the same. shall become 'uns,ani'tary,`;which ;determination may be made by the 'Health Officer, the City may give the contractor' thirty (30)' ,days ..notice in writing of any m4tters .wherein it'. is .claimed he is 'An default, and in the event 'the .contractor fails to' correct the matters therein. men tioned within said,thirty,(30),day period, this contract,shall be terminated and- ended, and all e-quipment installed in or used as. a permanent installation- ' at -said garbage dump, and . said sanitary fill,.; shall .:become the 'property .of the City of Pasco. - (20) That the Mayor and the City Clerk' of the City, Y of. asco are hereby authorized'` and dir;ected�., at ,the execution 'of. the`a contract re•ferred'to in Section 5 hereof, to'execute in the. -name of the City of casco, an agreement cancelling the corittact entered into between the City of Pasco. and John Dietri.ch, pursuant .to Ordinance N. -o' 670, such cancellation to be effective �.on the .date when the contract, referred .'to.. in ,Section 5 thereof " is 'effective.'' Dated: at Pasco, 'Washingt,on, this.' daZZ y of% 1954 CITY OF PASCO By !MAYO .,. ATTEST:-' CITY CLERK JOHN-DIETRICH,'•d'oing business •as. PASC II OSAL SERVICE SECTION 6. If any section; sub-section,,sub-division or•sentenc.e or clause of -this Ordinance isheld to be unconstitutional or void, such -decision shall not affect the 'validity of the 'remaining..portions thereof* SECTION 7. Any' person violating any of the.,rovisions of •this ordinance shall be ,,punished by a ;fine of not more _than Fifty 'Dollars ($50.00) or. by imprisonment in the City.Jail for a period of not exceeding ten (,10) days or by both such fine and imprisonment, provided, however, this Ordinance shall not be deemed - applicable to persons -.hauling their own refuse material from their own family , dwelling unit 'for disposal. in; t•igh.t .c,overed' containers and/or' 'in tight covered vehicles; which vehicles -are owned by such persons, as permitted by said contract se.t .,forth in•-Sec.tion "5 :thereof,, .but :that such persons hauling Or r , arbage "shall`:"be and 'a're r' hereby" `todump '®yah garbage at" their own.g " the Pasco.City dump at such place..or places designated by the contractor. SECTIa818: All, ordinances.or any parts, of ordinances. of the City of Pasco pertaining. -to .garbage and' in conflict to this ordinance. are hereby repealed. SECTION. 9 -This -ordinance: shall be in full "force and effect -five (5'} days after i"ts approval", pas•sage_.•,and publication as` required by: laws PASSED' BY THE CITY COUNC.II, OF THE CITY" OF PASCO', this day of Pr• 1� 1954°" G YOR. ATTEST ::.. . CITY CLERK APPROVED.9S FORM: CITY ATTORNEY