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
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