HomeMy WebLinkAboutOrdinances Book 11, Page 954, No Ordinance Number954
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All ORDINANCE CREATING A FRANCHISE OR PRIVILEGE TO FURNISH
ek12,ci ' ` !'SERVICES AND FACILITIES FOR THE COLLECTION AND DISPOSAL OF GARBAGE
�a rN.^. RU3bISH IN THE CITY OF PADUCAH, KENTUCKY; PROVIDING FOR THE SA
l� OF SAID FRAIICHISE OR PAIVILF.GE; FIXING THE PENALTIES FOR TN1F. VIO-
y�' S-z�LATION THEREOF; AND PROVIDING A SEVERABILITY CLAUSE
BE IT ORDAINED BY THE BOARD OF COIMMISSIONERS OF THE CITY OF
p 'PAIiUCAH, KENTUCKY:
jSECTION 1. As used in this ordinance, the word "garbage" she
mean and include the organic waste of animal, fish, fruit, or vege
matter arising from or attending the storage, dealing in, preparat
dor cookingof food for human consumption from houses kitchens ho
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restaurants, stores, markets and commission houses, and the word
"rubbish" shall mean and include ashes, clinkers, cons, bottles, p
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;boxes, weeds, leaves, grass, broken crockery and similar household
;trash, and any other kind of trash or waste material except garbage,
.trees and tree limbs.
Section 2. A franchise is hereby created authorizing the pur-
,Chaser thereof, its successors and assigns, to operate and maintain
Iia city-wide system for the collection and disposal of garbage and
rubbish as herein defined, and to use all of the streets, alleys
and public ways in the city within the present and future limits
thereof for such purpose.
j SECTION 3. The rights and privileges granted by this franchise
'shall continue for a period of ten years from and after the adoption
of the ordinance accepting the bid of the purchaser.
SECTION 4. The City "nager is hereby authorized to advertise
for bids for the sale of a franchise for the collection and disposal
of garbage and rubbish in the pity of Paducah, Kentucky, Each bidd
shall state in his bid the fees which he would charge fcr collect.in
garbage and rubbish under the hereinafter mentioned schedules and t
discounts to be allowed as provided in said schedule, and that he
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will enter into a contract agreeing that such schedule, unless
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revised as provided in Section 30 hereof, shall remain effective during
the term of this franchtae if his bid therefor Is accented.
Each bidder shall submit in his bid to be filed with the City
I,:u r.a ger in the manner provided huroln the monthly service fees Lhut '.
he wculci cl'urie for cash family usir_: Nils collection service for
garbage and rubbish in accordance with tho following schedule, auctL
coiluctiors to be wade once each weak;
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(a) One container of 20 gal. or smaller capacity ...;
Each additional container of 20 gal. or smaller
capacity.......................................w
- (b) One container of more than 20 gal. but not over
26 gal. capacity .... ...... .... .... .. .....
Each additional container of more than 20 gal.
but not over 26 gal. capacity ..................
The Board of Commissioners, in the contract to be entered into
with the successful bidder, will determine which of the foregoing
schedules will be made effective for all residential customers.
Provided, however, that in the case of apartment buildings
with more than four apartments, service charges may be negotiated,
on an individual beaus between the parties :oneerned, but in the
event any person considers the grantee's proposed charges to be
excessive and unreasonable such person may aFpeal to the Board of
Commissioners, whose decision as to the rates to be charged such
person shall be final and conclusive and the Grantee shall provide
a collection service at rates so established.
Each bidder shall also submit in his bid the monthly service
fees that he would charge for each commercial establishment or
place of business using his collection service for garbage only in
accordance with the following schedule, and each customer is to ha
the option of selecting either of these two schedules:
(a) Daily co -lection (except Sundays and holidays):
One container of 20 gal. capacity of smaller......;;
"ror 2nd container of 20 gal. capacity or smaller..::;
For 3rd container of 20 gal. capacity or smaller..;
For 4th container of 20 gal. capacity or smaller..-:
For 5th container of 20 gal. capacity or smaller..:;
For each container over 5 containers, each of 20
gal, capacity or smaller ..........................
(Customers desiring collection on Sundays or holi-
days may make individual arrangements with the grantee)
(b) Collection twice each week:
Ono container of 20 gal. capacity or smaller .
For 2nd container of 20 gal. capacity or smaller..:a I
For 3rd container of 20 gal. capacity or smaller..
For 4th container of 20 gal. capacity or smaller..
(Four containers will be maximum for collection
twice each week. If greater quantities are to be
collected the grantee may require the custcmer to sub- ;
scribe for the service on a daily collection basis.)
Each bidder shall show the percentage allowable as a discount
for a six months advance payment and the percentage discount allow=
able for a twelve months advance paymont, for either or 'doth rest
dor,tial and corfz.orciol collections.
S'ECT10"; 5. This franchise shall be sold to the highest and bout
bider tanni, into consideration tho amount of each oldderls charges
for providing garbage and rubbish collection services as will be
shown 'ay his bid autmitted in accordance with the schedule In the
fore.oinE :ect.on 4, as well as ti,,, price offered fur said franchise,
taut tt:e city shall have the ria,t to reject any or all bids.
956
SECTION 6. The Grantee shall be required to offer a collectio
service for trees and tree limbs for the benefit of any resident
or place of business in the city and shall be required to offer a
rubbish collection service to stores, commercial establishments,
or places of business, for monthly service charges to be negotiate
on an individual basis between the parties concerned, but in the
event any person considers the granteets proposed charCes to be ax-
cessive and unreasonable such person may appeal to the Uoard of
Commissioners, whose decision as to the rates to be charged such
person shall be final and conclmsive and tr:e Grantee shall provide
a collection service at rates so established. The collection of
trees, tree limbs and commercial rubbish shall not be an exclu-
sive right vested in the Grantee.
SECTION 7. The Grantee shall use only trucks equipped with
metal bodies that are waterproof and either enclosed or covered
In such a manner as to prevent the contents from being exposed and
from efnittin6 foul odors. The City reserves the right at any
time to determine whether the Granteets trucks are designed and
operated in a satisfactory sanitary manner, and the Grantee agrees
to comply with any order of the City -County Health Officer to
correct any insanitary condition in the design or operation of his
trucks used for collection of garbage or rubbish. The Grantee
shall permit all equipment used in the collection or disposal of
garbage or rubbish to be inspected periodically, but not more often
than once a month, by a person dotignatod by the City -County Health
Officer to make such inspection. l
A, SEcTiON S. The ,rantoe shall dispose of all garbage and urbbish
6a4v1-�'"-- co:lected by him, his agents and employees by using the sanitary
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land fill method, which for purposes of this franchise is defined to
ecan that all garbage and rubbish shall be buried the sane day it
is collected and shalibe covered by at least two feet of earth
thoroughly compacted (two feet after compacting has been completed),
Dy a bulLJozor or ot:.er heavy equipment generally used in this t;pe;
of operation; provided, however, that garbage may be otherwise
d1s;.o3ed of, such as being, used to food Livestock or as fertilizer,
If af..propriate pubic health authoritlea approve such :iiaposal.
:;:e:: aa.^.itary land f, !I operation:: si:; 11 be conducted on lund to be,
acq'i11'ed or leased. by the ^,ranted at 1.1s oxponoe. '.he .1rantee shall
..1 re to the board of -o_ issior:era an•1 the �Zty-County Hoard of
.-:ealth written notice of any site aelocter.; by him for thu disposal
rf garcege an rubbish and If such site is not dlaai.:proved by either
of s i' boards within fifteen jays after receipt of such notice,
su.h s1.te c.sy ve used by him until the selection of another site
in the same manner.
957
SECTION 9. In the collection and dis,.osal of garbage and
rubbish the Grantee shall comply with all lows of the Commonwealth
of Kentucky, all ordinances of the City of Paducah, and all rules
and regulations of the Kentucky State Board of Health or of the
City of Paducah -McCracken County Board of Health, now in effect
or which may hereafter be adopted or promulgated.
SECTION 10. „here alleys exist for use by the Grantee's trucks
,the Grantee shall use such alleys and shall collect garbage and
rubbish placed in containers with handles and tight -fitting lids
and not exceeding the capacities specified in Section h hereof,
when such containers are placed on the ground level at a reasonably
'accessible place within 10 feet of the alley line, but where no
alley is available garbage and rubbish shall be collected from such
containers placed on the ground level at a reasonable accessible
!place on the rear building line of the house or building to be serveId.
SECTION 11. The Grantee shall pay for each automobile or tre,ok
operated by him the license or wheel tax which the city levies upon)
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'other similar vehicles, and he shall also pay all ad valorem taxes
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levied by the State, County, School District and City on all real
estate and personal property owner by him and located or used withi
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iKentucky.
SECTION 12. The Grantee may collect fees for one month in
advance for services to be rendered pursuant to this franchise, and
any person failing to pay such fees within the first ten dugs of the
month for which such fees are due si.all be considered to be in arrears.
SECTI011 13. The Grantse agrees that if he should fail to colliict
garbage or rubbish from any lremises when the owner, lessee or occui
.pant is not in arrears on roes due under this franchiso, for any
causo other than that rosulting from faro, an Act of God, strike,
or other unavoidable casualty, then this franchise and all rights
of the Grantee thereunder shall, at the option of the board of
Cozzuiisstoners of the City of Paducah, be and become null and void
and the Cruntoe shall forfeit all of his hights thereundor.
SECTION -114. The Grantee shall have the rlht and privilyge
of u31ng Streets an<'l alloy3 in the city for collection purposes but
he shall no;.;.o.^cwit his trucko to stand or be locatod on said struatls
an.1 a lays for a longer noriod than Is nocessury for such purposes.!
SECI:I0:; lc, SY:e Crantue siall save harileas the city and shall
pay any damara claims which may un sustained ugainst tho city when !
such elaitis result from obstruction ai streets, alleys or public wuys
ty the :ranters or by his acor,ts or employees, or from any other caps;e
arising ou, of th-e operation of the Grantee'a collection unI disposal
sy3tem.
953
SECTION lo. Tho Grantee shall have the exclusive right to cha
for the collection of garbage and rubbish from residences and dwel
ings and garbage only from commerical establishments or places of
business within the city for the term of this franchise, and no
other person, firm or corporation may charge .for collecting such
garbage or rubbish within the city during the term of this franchise,
but it shall not be mandatory that persons, firms or corporations
pay such charges to the Grantee if they dispose of their garbage
and rubbish in accordance with all laws, ordinances, rules and reg
lotions =overning such matters now In effect or which may hareafterl
be adopted or promulgated.
SECTION 17. The Grantee may extend the collection service to
residences and places of business outside the city limits for such
charges as may be agreed to by the parties concerned, but such
extension of collection service must not interfere with the sanitary,
prompt and efficient collection of garbage and rubbish within the c
SECTION 13. It is understood and agreed between the city and
the Grantee that in the event this franchise, or any part or para-
graph thereof, shall be declared by a Court to be invalid for any
reason, the City shall not be liable to the Grantee for failure to
perform or for breach of any of the provisions hereof.
SECTION 19. The Clty shall not assume any responsibility for
the collection or disposal of garbage and rubbish and shall not
assume or be liable for any expense incurred by the Grantee nor
shall the ;ity be responsible in any way for the collection of fees
due the Grantea under this franchise.
Sx TIOI1 20. The Grantee shall be responsible for employing at
his expense such Inspectors as he considers necessary whose duties
shall consist of securing evidence and procuring warrants against
any person who might infringe upon his exclusive rights under this
franchise. The city shall nog be responsible for employment of any
such inspectors and shall not be required to exert any special
enforcement action to protect the rights of the Grantee under this
franchise. The grantee agreec to pay the salary of an Inspector to
ce employed by the e.ity-County Health :,epartmant whose sole duties
consist cf obtaining evl�onee for enforcement of ordinances, laws,
rales and ro ulatlons relating to t.iri collection and dia!:osal of
rarba;.?e arvi rubblsh.
SECT:0N 21. If any state law should be onactod or u Court of
competent JurisAction shoul:i hold that tiro Public oervl_e Comm -
fission of 'entucky or any other atato agency has Jurisdiction over
operations o: thn Grantee un or this frarchlae, all .ork necessary
Lty.
to comply wits: such laws, such: ao the proparat.on o:" records, rates,
copies of ordinances, etc., 3ta11 be none by the Grantee entirely
at his ex0r3e.
959
SECTION 22. The City agrees to adopt such ordinances as may bi
necessary to control the collection and disposal of garbage and
rubbish in a prompt, efficient and sanitary manner, especially
ordinances prescribing minimum standards for collecting trucks and
containers. The Board of Commissioners agrees to pass an ordinance
within 30 days after the date hereof which will prescribe as mini-
mum standards for collecting trucks and containers the provisions
contained in Sections 7 and 10 hereof.
SECTION 23. The Grantee shall maintain an office or place of
business in the main business section of the City, which office
shall be equipped with a telephone and at least one person shall
be in attendance at said office during reasonable business hours
on each and every day during the term of this franchise, except onl
Sunday and holidays. The Grantee shall provide necessary personnel
and facilities at said office to permit his customers to pay their
bills conveniently and without delay. nil expenses connected with
said office shall be paid by the Grantee.
SECTION 24. The Grantee shall do all things necessary to give
the City of Paducah a good, efficient and sun.itarl garbage and
rubbish collection and disposal system and shall operate said syste
for the common good, benefit, health, welfare and needs of the
citizens of the City, and for such purposes he shall keep, maintain
and operate all necessary eq-iipment. If ti.is requirement is con-
sistently violated the board of Commissioners may declare the Grantlea's
franchise to be forfeited and null and void.
SECTION 25. ^fie Grantee shall have the right to stop or cut off
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collection service to patrons who are in arrears as defined in
Section 12 hereof, and In such cases before reinstatement of a patron
he may require payment of a fee of :;1.00 in addition to the amount
of dolin•quent service charges owed by such patron. The Grantee
shall furnish a garbage and rubbish collection service in accordunce
with the torics of this franchise to any person, firm or eornoratior
at their residence, dwelling, or place of business anywhere in the i
city when a tender of the fee due is made and acceptable containers;
aro placed in reasonable locations as prascriuod by ordinuneo.
ECTT_Qti 26. It 13 understood and agreed that the Granton will
not assign this frae:chiao, either In whole or in part, without the
written consent of the i;osrd of Camriasloners of the City, and in
such case tY.e ussignee shall acquire only the rights and privileges
r qnt shall be bound Dy all of the tonna and conditions contained in
this franchlea . if unalgnod In violation of this section the Gourd
of -o clssioners of the City skull have the right to declare this
franchlse to ea forfeited anl null an'i void.
960
SIS T?ON 27. The Grantee agrees to obtain and file with the
City Clerk of the City and to keep in force during the term of this
franchise a liability policy or policies conditioned for the benefl t
of persons suffering injury, loss or damage to their person or
property resulting from any negligent operation or maintenance
of trucks or other equipment operated by him or by his agents,
servants or employees, which policy or policies shall also protect'
!i the city against any liability which may be imposed by law upon
it by reason of the operation of such trucks or other equipment.
Said liability policy or policies shall be in a sum of not less
than Ten Thousand Dollars ($10,000.00) for the injury or death
of any one person, and not less than Twenty Thousand Dollars
(($20,000.00) for the death or injury of all parsons affected by
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I; any one accident, and not legs than Five Thousand Dollars (15,000.
for the benefit of persons who suffer property damage in any one
sccldent resulting from negligent operation or maintenance of the
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Grantee's trucks or other equipment. Said policy or policies
shall, as to the form thereof and the solvency of the insurance
companies, be subject to the approval of the City 14anager.
SECTION 28. within ten days from the date of the adoption of
the ordinance accepting the Grantee's bid for this franchise the
Grantee shall execute and deliver to the city a bond in the sum 01
Twenty thousand Dollars (;;20,000.00) with a corporate surety or
at least two individual sureties approved by the Board of Comm-
issioners, conditioned upon the full, complete, and faithful per-
formance of each and every provision of this franchise, and in th
event that the Grnutee shall fail or refuse to comply with any of
the provisions hereof for any cause other than fire, an Act of
God, strike, or other unavoidable casualty, then this franchise
shall, at tl:e option of the Board of commissioners of the -ity of
Paducah, be and 'become null and void and the Grantee sha:l be obil-
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-at,-to goy the -Ity of Paducah the uum of Twenty Zhousand
-:ollars us liquidated damages.
:;.C': i',)II :ZJ• the rar. tam shall on or bofo ra January 15 of Hach;
year sntvlt to the City '4anawor a written report for tiro year ending
cn tAe preced".; .oceP+bor :51, s:.owing oxpend.iLupo 3, Income, net
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sl.uoL, Cnu=er of ciia Wmers clus9l;led as buolneey
cr re 9;d::a:41 cl➢9tomerS, ung such othur Informs Lion as the City
na er r.:, regclre iy notice Sour t:: tl.(, ,runtce not later than
says after t: e beginn:np e.tae culen,lar year Cup w: icl[ a re is rt
is tc ce :.a :e. lar. is i cfCo-Wzl:.aionors may af,poinL an auditor
t, tau::. L edtbilej auilt of all rorori3 0: tEf,, ;runtee fc,r tide tv,(,
ycar fur:.: yn11"ece mer L1, iGtl, or for any tv:) year F:eriod
of :.:u'r:i:;;; Such ar, u-,il:.t not to exceed
•a ' ;.�1: ty the ;rantee.
961
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SECTION 30. It is agreed between the City and the Grantee tha
the rates for 8arbago and rubbish collection service set forth in t
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'Grantee's bid pursuant to Section 4 of this franchise and the rates
determined for business and commercial collections pursuant to Sec-
tion 6 of this franchise will be in effect until July 1, 1952, and
that thereafter such rates may be established by ordinance. :he
JIBoard of -omnissioners on or before July 1, 1952, may adopt an
ordinance establishing, in its discretion, the rates to be eii'octiv
from July 1, 1952, to June 30, 1954, and rates may likewise be osta
lished for subsequent two-year periods by ordinances adopted during
the three months period immediately preceding the two year periods
for which rates are to be established; provided, however, that if n
ordinances are adopted by the Board of Commissioners pursuant to
this section, the rates originally established under this franchise
shall continue to be in effect. Before any ordinance is adopted
establishing such rates the Grantee shall be given an opportunity t
be heard and to submit any evidence or facts that he deems pertinen
to such matters. The reasonableness of rates to the citizens of
Paducah consistent with allowing a fair profit to the Grantee for
his investment and services shall guide the Board of Commissioners
the fixing of such rates.
SECTION 31. Nothing in this franchise or in the sale of this
franchise shall be construed as a waiver of any charter rights of
the City of Paducah, which rights are hereby and herein expressly
reserved.
SECTION 32. Any failure on the part of the Grantee, his a
or employees to comply with any provision or requirement of this
franchise for any cause other than that resultinZ from fire, an Act
of God, strike, or other unavoidable casualty, shall subject him to
a fine of not less than 1,$10.00 nor more than ,100.00 for each offensle,
in addition to the liability under the bond herein required, and
such fines shall be deposited into the General Fund for general city]
purposes.
33. "Ibe Grantee 3hallcommence operations under this
frcneht,e within 6O days after the date of the adoption of the ordl�
nance a ceptln�• the Grantee's bid for this franchlse,and In ease of
his failure to to so thla franchise shall, at the option of the Board
of Corni;siorers of the -.ity of Paducah, be and become null and void,
and the Y'oord of Commi-31onor3 may declure said franchtac and any bond
req
Ire, of the Irar.tee to be fo3feited and may again offer said
franchise for sale as provided in this ordinance.
34. .' c -1ty �•anager say advertise for bids for sale
of this i'ranci.ise Ly a nctiee :dated up at the City liall door and by
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Inserting notice of the request for bids in at least one issue of
the Sun -Democrat. The notice shall be posted and published at leas
seven (7) days prior to the openini; of bids and no bid shall be
opened within ten (10) days from the date on which this ordinanco
is adopted. No bid shall be received unless un:ier seal, nor shall
any bid be received after the time fixed in the notice for the
opening of bids. All bids shall be received by the City PSanager
up to the time fixed in the notice and shall be filed with the boar
of Connissioners who may let the franchise to the'khighest and beat
bider. The Board of Commissioners reserves the right to reject
any and all bids and the purchaser shall not acquire any rihts
under this franchise until the adoption of an ordinance accepting
his bid and his compliance with all of the conditions contained hoi
in.
SECTION 35. Before the franchise will be awarded to any bidder
he will be required to furnish satisfactory evidence that he has tl
experience, ability and financial resources sufficient to enable hi
to perform: successfully the entire work as specified in this fran-
chise.
SECT?Ot1 36. A certified check in the amount of k2,000.00 on a
solvent bank made payable to the City of iaducah must accompany
aach bid. In the event the successful bidder shall, within tendays
after the bid is accepted, fail or refuse to enter into a contract
fixing the charges for collection service in accordance with the
schedules in Section 4 of this ordinance, or to deliver to the City
of raducah the Performance bond required by Section 28 of this ordi!
namce, the aforesaid sum of e2,000.00 shall be forfeited by him to
the City of Paducah as liquidated damages. 'Me checks of all un-
successful bidders shall be returned to them and the chock of the i
successful bidder shall be returned to him after he has delivered
to the CILy the performance bond required by Section 28 of this
ordinance and has executed a contract as required by this section.)
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2ECTI-ON 37. '_he provisions of this ordinance are severable. i
any provision, sect:.on, paraFraph, sentence, or part thereof shall
be Yell unconstitutional or invalid, such decision shall not affect
or impair tM rer:aindor of tl:e ordinance, it being the legislative
intent to ordain or.! enact each provialon, section, paragraph, sen=
tence or part thereof, eaj,aratoly and ln:ejn,ndontly or aach oLhor.
963
SUCTION 33. This ordinance shall be Introduced at a regale
meeting of the Board of Commissioners, and shall remain on filo
at least one week for public inspection in the completed form in
which it shall be put upon its final passage, and If adopted said
ordinance shall be In full force and effect ton days from and
-after its adoption.
Introduced by the Board of (oommissioners November 22, 1949
Passed by the Board of Commissioners November 29, 1949
Recorded by Sarah Thurman, City clerk, November 29, 1949.