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HomeMy WebLinkAbout02673 ORD - 12/27/1949AN ORDINANCE ? 6 7 AN ORDINANCE PROVIDING FOR THE COLLECTION, REMOVAL AND HIS - POSAL OF GARBAGE, TRASH AND RUBBISH WITHIN THE CITY OF CORPUS CHRISTI; CREATING THE WASTE AND REFUSE COLLECTION AND DISPOSAL DIVISION OF THE PUBLIC WORKS DEPARTMENT; DEFINING TERMS; RE- QUIRING ALL OWCERS, OCCUPANTS, TENANTS OR LESSEES OF RESIDENCES, CHURCHES, SCHOOLS, COLLEGES, LODGES, AND COMMERCIAL, INDUSTRIAL, BUSINESSES, OR OTHER BUILDINGS WITHIN THE CITY TO PROVIDE CON- TAINERS AND RECEPTACLES WITH COVERS FOR GARBAGE AND TRASH; SPECI- FYING THAT CONTAINERS AND RECEPTACLES BE PLACED AT CONVENIENT . LOCATIONS ON THE PREMISES WHERE THEY MAY BE EMPTIED AND TIM CON- TENTS REMOVED AT REGULAR INTERVALS; PROHIBITING.ANYORE.ESCEPT AGENTS OR EMPLOYEES OF THE CITY OF CORPUS CHRISTI. FROM EMPTY- ING CONTAINERS OR RECEPTACLES. OR TRANSPORTING THE CONTENTS THERE- OF ON THE STREETS OR PUBLIC THOROUGHFARES WITHOUT A PERMIT; PRE- SCRIBING REGULATION FOR THE SECURING OF PERMITS, FIXING SCHEDULES OF REASONABLE CHARGES TO BE MADE AGAINST OWNERS, OCCUPANTS. TEN- ANTS AND LESSEES OF BUILDINGS AND PREMISES RECEIVING THE SERVICE; CREATING A WASTE DISPOSAL DEPARTMENT;REQUIRING TEE SUPERINTENDENT OF TEE WASTE DISPOSAL DIVISION TO MAKE PERIODIC INSPECTIONS OF _ BUILDINGS, PREMISES, AND ALL PLACES WHERE GARBAGE, TRASH AND RUB- BISH MAY ACCUMULATE, AND ENFORCE AND ADMINISTER THE.PROVISIONS . OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; FLYING A PENALTY FOR VIOLATIONS HEREOF;. REPEALING ALL ORDINANCES.OR PARTS OF_QRDIN- ANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND DE- CLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. TEXAS: SECTION I. PURPOSE The accumulation of waste, refuse, trash and other deleter- ious a0tances on the premises of private residences, commercial institutions and in streets and alleys constitutes a public menace and nuisance and greatly increases the danger of the spread of infections, contagious and epidemic diseases, and it is imperative and urgent for the preservation of health, safety, sanitation, peace and public welfare that proper and adequate regulations be adopted to require property owners, tenants, occupants or lessees to secure containers and receptacles of sufficient size and material in which to deposit garbage and trash; and for collec- tions and removals at regular intervals, and to accomplish such purposes there is hereby created the Waste and Refuse Collection and Disposal Division of the Public Works Department. The Superintendent of maid Division shall be an adult male per- son qualified to act who shall be appointed by the City Manager. SECTION II. DEFINITION OF TERMS 1. The term 7 "garbage" as used in this ordinance shall be hdld to include, among other similar matter, all ecimal or vegetable matter, such as waste material and refuse from kitchens, residences, grocery stores, butcher $hope, restaurants, cafes, hotels, rooming houses and boarding houses, and other deleterious substances. 2. The term "trash" as used in this ordinance shall mean rubbish such as feathers. coffee grounds, ashes, tin wens, paper., bares, glass, grass, shrubs, yard cleanings, yard clippings, leaves, tree trimmings and similar matter. 3• The term "services of the Waste and Refuse Collection and Disposal Division" as used in this ordinance shall mean the service of collecting garbage and refuse and the disposal of the same. The term "Superintendent" as used in this ordinance shall mean the Superintendent of the Waste and Refuse Collection and Disposal Division of the Public Works Department. SECTIM III. GARRAGE AED TRAM RECEPTADILS Each owners occupant, tenant or lessee using or occupying any building, house or structure within the corporate lisdts of the City of Corpus Christi for a residence, church, schools college, lodge,. c®ercial, business or other purpose, shall provide and maintain garbage receptacles of sufficient number to contain the garbage that will accumulate on the premises. 2. The receptacle or receptacles for garbage shall not be :. -- lose then ten (10) nor more than thirty (30) gallon capaeiiys constructed of some substantial leak -proof material with a tight fitting lid or cover with handles sufficiently strong for workmen to empty conveniently. 3. Each ewnors occupant, tenant or lessee using or occupying any building. house. or structure within the coperate limits of the City of Corpus Christi for a residence. church, ■cheol.colloge, lodge, cesmmrcial. business. or otherpurpoe6, shall provide and maintain a suitable receptacle or receptacles for trash. !1. If the house, building or premises from which the garbage is to be collected and removed is adjacent to an allay, the owner. occupant. tear onto or lessee of said premises is required to keep the garbage and trash receptacles at the entrance from the alley in order that it maybe easily accessible to the I ' person collecting and removing the garbage and trash. If it is net practicable to collect and remove the garbage and trash from an alley, then the saner, saoupant, tenant, or lessee of the premises shall place the'receptaole at such peimt as the route foreman shall find and designate to be the most accessible for collection sad removal. 5. If the trash, either commercial or residential. is of such nature that it cannot be placed in the receptacle, it shall be carefully placed beside the trash receptacle in secursly tied bundles under fifty (50) pounds in weight. Tree limbs, trunks, hedge cuttings and lumber shall net exceed five (5) feet in length. 6. Receptacle shall not be filled to contain more then one hundred (100 lbs.) pounds. 7. Garbage or trash that is mixed with water or the other liquids shall be drained before being placed in a garbage or trash receptacle. Actual matter that is subject to deoempositien shall be wrapped in paper or other combustible material before being placed in a garbage receptacle. - SECTION I4. CIASSIFICATION AND CHARGES 1. After a careful investigation, it is found and determined that the normal accumulation of garbage and trash in houses, buildings and premises used for business and commercial purposes does not exceed ten (10) cubic yards per week. If the garbage and trash collected from ary house, building or premises ex coeds one oubio yard of garbage or ten (10) cubic yards of trash per week. then and in that event, the ewner. occupant, tenant or lessees shall pay an additional, proportionate amsaut to be fixed by the Superintendent of the ]Paste and Refuse Collection and Disposal Division of the Department of Publia Works unless such garbage and trash are collected and removed by shparmittee as provided herein. 2. After a careful investigation, the charges shoves adjacent to the respective residential categories in Table No. 1, immediately below, have been and are hereby found to be fair and reasonable charges for the services rander- ad. monthly Type , Description Charge 1 One-family residence $1.00 2 Two - family residence on one water and/or gas meter 2.00 3 Two- family residence on separate water and/or gas meter 1.00 ea. unit 4 Apartment 1.00 5 One - family residence and sin le apartment on one water and�r gas meter - 2.00 6 Apartment house on one water and/or gas meter 1.00 per unit, or as determined by Supt. of Waste and Refuse Collection Divi- 7 Apartment house, each apartment on sion separate water and/or gas meter 1.00 3. After a careful survey and thorough investigation, the bus - inesa and commercial institutions and all other places requiring service except as noted in Paragraph 2 of this section in the City of Corpus Christi shall be charged at a minimum rate of $2.00 per month for three day per week pick -up or $600 per month for six day per week pick -up in the areas designated for such service. All charges above the minimum rates as determined by the Superintendent of the Waste and Refuse Collection and Disposal Division of the Department of Public Works shall be reasonable and shall be determined by the type and amount of refuse, the lega- tion of said refuse, and the number of pick -ups per week that are necessary to properly service and maintain a sanitary condition, sad not exceeding an amount proportional to the minimum charges provided in this ordinances SECTION V. PERMIT TO COLLECT AND REm09E �. 1. No person except a duly authorized agent and employee of the City of Corpus Christi shall empty garbage or trash receptacles of any other person, or convey or transport garbage or trash on the streets. alleys or public thoroughfares of the City without a written permit granted and issued by the Director of Public Works. 2. Any person desiring a permit for the collection, removal and disposal of garbage and trash shall make application for such permit to the Director of Public Yorks, who shall make or cause to be made such investigations as he may consider necessary in order to determine whether or not public conven- ience and necessity require the granting of such permit. 3e Director shall determine if the applicant if fit and proper to conduct such business by investigating the trubk of the rlataments of the appli. cabana The application shall set forth the name and address of the appliesub; the trade name under which the applicant does or proposes to do business;. the ember of vehicles the applicant desired to operate; tke *lass, site and design of each vehicles sufficient to show that the vehicle and body are of sufficient size and standard t• accomplish the work intended to be done. whether or not the applicant or any person with whom he has been associated or employed has a claim or judg- ment against him for damages resulting from the negligent operation of a vehicle; the financial status and responsibility of the applicant; his ability to respond in the event of damages to persons or property by reason of tke negligent opera- ' tiro of a vehicle or vehicles on a street or public thoroughfare of the City; the nature and character of the service the applicant proposes to reader; the experience he has had in rendering such service; the patrons for whom he proposes to reader the service; a statemenb showing facts why the public; convenience and aeassaft require the granting of the permit; a statement showing the approval of the City Health Officer of the place and manner of disposal of refuse; and anal o'tksr in" formation as the Director may require. If it be determined by the Directors a. That the correct name and address of the applicant has bean set fortk;: b. That the vehicle or vehicles are sufficient as to size# types and condition to aoamplisk the work; o. That the applicant has not been convicted of an offense whisk renders his operations objectionable; d. Thai the applicant has no unsatisfied judgments against hint e. That the public coatenienee and necessity require the granting of the permit; and f. That the applicant has arrangement for dipril:- oiuiag¢t}.usdoln' in a manner approved by the City Health Officer; then a permit shall be granted upon the furnishing of the bond hereinafter required. furnishing the policy of the public liability insurmoe hereinafter requireda and the paying of Us fee provided. 4. 8e permit. tomporary or animals shall be issued until tko applicant therefor bas side and placed in the hands of the City Secretary a geed' c -- and sufficient indemnity bond-in the mount of an Thousand ($1,000.00) Dollars, indemnifying the bity of Corpus Christi against my claims that say arise against it caused by the applicant's operations or the operations of his agent, servant or employee;. and no permit, temporary or -annals ahall be issued to any comer or operator of smy vehicle, until such oncer or operator shall file with the City Secretary of the City of Corpus Christi, and thereafter keep in full force and affect, a policy of public liability insurance, in a company authorised to do business in the State of Texas, and performable in Buboes County, Texas, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle or vehicles, with unsafe brakes , or otherwise defectives or negligence of the.owner or any person driving such vehicles and such policy shall provide a mi's(hm>na amount of recovery in such policy as to each and every vehicle to be not less than Five Thousand Dollars (05,000) for injury or death of say one person andnot lose then Ten Thousand Dollars (=10,000) in any oas aooident; and not less than Five Thousand Dollars 05.000) forth- injury to or destruction of the property of auy one accident. 5. Permits shall be issued to qualified applicants for a period of one years provided, however, that applicants or holders of a permit shall pay to the City of Corpus Christi an annual fee of $10.00 per truck need for such services, at the time of issuance of any permit. 6. All permits granted shall be non - transferable and may be revoked and rescinded by the director of Public Works at sey time upon violation of the conditions of the permit or violation of sey City ordinanoo or state lam. T- Temporary permits may be issued by the Director upon appli- cation , pending action on a permanent application, each temporary permit to be for a period of not more than thirty (30) dqs and renewable for like periods. Such temporary permit shall not be issued until a bond conditioned as provided in Para- graph 4 be furnished and a fee of $2.00 per vehicle per month be paid. 8. In all oases where a permit has been issued, such permit shall be attached to the vehicle or vehicles used for such purpose, shall be in possession of the person rendering such service, and shell be subject to iuspeotton at all times. - SECTICH VI. GERRAL PROVISIORS 1. The Water and Gas Department of the City of Corpus Christi shall include on their monthly bills mailed to persons that receive the services here- in specified, and the charge designated in this ordinance for the trash and garbage collection and removal services rendered to the premises of that person. The charges fixed by this ordinance shall be payable to the City of Corpus Christi on or before the tenth (10th) day following mailing of the bill therefor. In the event any per- son receiving services does not have a water or gas connection billing, then a sep- arate monthly bill shall be made to such person. 2. The charges prescribed by this ordinance shall be reduced one -half (1/2) if collection and removal services are or will be rendered during a part only of a calendar month, provided that a part of a month exceeding fifteen (15) days shall be considered as a whole month. 3. Any person who shall fail or refuse to pay the charges herein specified within ten (10) days from the date same shall become due and pay- able shall have this service suspended. a. Upon the renewal of services to premises where services have been discontinued under the provisions immediately above, the owners, occupants, tenants, or lessees of the premises shall be charged One Dollar (51.00) for reinstatement. b. If. upon reinstatement, the Superintendent of the Waste and Refuse Collection and Disposal Division of the Department of Public Works finds it necessary to either clean up the premises or remove more then the maximum amount provided for by the minimum fee, or make an additional trip to remove accumulated garbage or trash, the owner, occupant, tenant, or lessee shall be charged, in addition to the reinstatement charge, Two Dollars (52.00). Heavy accumulations such as brick, broken concrete, lumber, &shoo, clinkers, cinders, dirt, plaster, sand or gravel, automobile frames, dead trees, and other bulky, heavy material. including debris from vacant lots, shall ., ., be immediately disposed of at the expense of the owner or owners or person con- trolling same. If removed by the Waste and Refuse Callection and Disposal Division, the charge shall be at the rate of $5.00 per truck load, or fractions of a trunk land. Any occupant, tenant or lessee who does not desire the services herein provided shall not receive the services and shall net be charged therefor upon his notifying the Superintendent of the Waste and Refuse Collection and Disposal Division in arising that& he (1) deem net want the services rendered to his premises, (2) intends to and will remove the accumulated garbage and trash at his prenisess(3) will keep his premises in such condition that he will not vielate the provisions of applicable ordinances, anV(4) that no person shall, after such notices avail himself or use directly or indirectly the services of the Waste and Refuse Collection and Disposal Division. 6. Each owners occupant, tenant or lessee of a house or build- ing used for residential, business or commercial purposes shall maintain supervision and surveillance over the garbage and trash receptacles an him premises and if ,y either the garbage or trash reeepUble should not be emptied and the oentents re- moved by an employee of the City of Corpus Christi or other duly authorized per- son for a period of five (5) doVs. he shall notify the Waste and Refuse Collection and Disposal Division in writing of the fact id thin five (5) dayv�• SECTION VII. WASTE AND REFUSE COLLECTION AND DISPOSAL DIVISION The SuperWendoub of the Waste Lad Refuse Collection and Disposal Division shall make. or pause to be made, inspection trips at regular in- tervals to determine that garbage and trash is being properly collected and re- moved. In the event he discovers a violation of this ordinance or aw related ordinance he shall immediately act to effect the required corrective aotion. SECTICN VIII. PENAL CLAUSE Any person who shall violate any of the provisions of this ordinnnee shall be deaamd guilty of misdemeanors and upon con'vieiion thereof shall be lined in any suit to not exceed 02DO.00, and each offense sad each day of can - tinuance or failure to comply with the provisions of this ordinance shall constitute a separate offense. SECTION IS. SAVINGS CLAUSE Should aqy parts sections subsections paragrnpho sentences clause or phrase contained in this ordinance be hold invalid for any reason, the - invalidity shall not affect the validity of the remaining portion of the ordinance, it being the legislative intent that the provisions hereof are severable. SECTION X. REPEAT, 1. All other ordinances or parts of ordinances in conflict with the provisions of this ordinanoe are hereby repealed. 2. This ordinance shall be considered as cmvl.ative of all other ordinances affecting health, safety, peace and sanitation of the public in the City of Corpus Christi. SECTION XI. EFFECTIVE DATE This ordinance shall be in effect from and after January 1, 1950, after its approval and passage in accordance vL th the provisions and require- ments of the Charter of the City of Corpus Christi, Texas. SECTICN %II. MMGENCT The fact that the health and the safety of the public are being constantly jeopardised and vitally affected by the accumulation of garbage, trash, and rubbish in and on the premises of businesses, commercial and industrial enterprises, and on the streets, thoroughfares and in public places in the City of Corpus Christi; and that such aocamulaticn creates a danger of the spread of in- fectuove, contagious, end epidemic diseases; and that the present ordinances and regulations are insufficient to afford adequate protection against this menace, there is an urgent need in the preservation of the health and safety of the people; and the fact that, in order to alleviate and improve the heretofore inadequate garbage and collection service, the City has expanded in excess of VIM TEODEAM DOU ARS ( :50,000) for equipment and has increased the personnel or said service to accomplish the purposes set forth in this ordinance, which increased expenditure and operating expenses will continue to exist in order to furnish service superior to the service of the past, creates on emergency, and an imperative public necessity requir- ing the suapeasion of the Charter rule providing that no ordinance or resolution shall be passed finally on the day it is introduced, and that such ordinance or resolution shall be read at three several meetings of the City Council. The Mayor having doclared that such public emergency and imperative public necessity exist, and having requested that such Charter rule be suspended and that this ordinance be passed finally on the date it is ittrodueed;. and that this ordinance tab effect and becesLe ofteek4h and in fall farce and affect from and after the first dW of the math next succeeding and following its adoption and its publication as provided by the Charter of the City of Corpus Christi, IT I8 80 C&DAITO. PAGMM AID APPIMM, This theZZ&dsy of December, A. D.1949. tlffl,TWT UXUR City of Corpus Christi, Texas sore ary.....,,,.. APP8098D AS LBGl1� VMS urns Corpus Christi; Texas All A 7 . 1949 TC THE MEMBERS OF THE CITY COMCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; 1, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is _ introduced, or at the present meeting of the City Council. Respectfully, MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lowman The above ordinance was passed by the following vote: Leslie Wasserman Jack De Forrest Barney Cott Sydney S. Herndon George L. Lowman Z -0