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ORDI NANCE NO.
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AN ORDINAUCE OF THE CITY OF SAlq BERNARDINO
PROVIDING FOR THE COLL}ijGTION OF RUBBISH
WITHIN SAID GITY, AND 'ntH: R~WVAL AND
DISPOSAL THE:'illOF.
The Mayor and Gommon Council of the Ci ty of San
Bernardino do ordain as follows:
SECTION ONE: That the words and phrases used in this
ordinance shall, respectively, be defined as follows:
The word "rubbish" shall be deemed toinclude all
waste material and refuse of every character whatever collected
or ao:umulated within the Uity of San Bernardino, except garbage;
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"Exclusi v e Zone" shall be deemed to embrace all lots,
pieces and parcels of property used, or adapted for use, for any
purpose other than as a dwelliqg place for a single family, now
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or hereafter located within ;ohes 5, 6 and 7, as defined by
Ordinance No. 17/31'___ of said -Jity, passed February 10th, 1930,
and all amendments thereto;
"City Dump" shall be deemed to include all of the
real property belonging to said City located on or near Bast
Seventh Street in said City;
"Contractor" shall be deemed to be the person, firm or
corporation to whom a contract shall be awarded, as herein provide
"Independent Contractor" shall be deemed to mean any per on,
firm or corporation, except a contractor asherein defined, who sha 1
contract to collect and remove rubbish collected or acoumulated upbn
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the property of others lying within said City, and not embraced inl
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said Exolusive Zone.
SECTION THO: That the Mayor and Cornmon -::::ouncil may.
after inviting bids therefor, enter into a contraot with any
responsible person, firm or corporation, hereafter referred to
as "contraotor", for the collection, removal and disposal of
rubbish colle.tad and accumulated within said :;ity.
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The Ci ty Clerk of said Ci ty, pursu4jit to order of
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said Mayor and ~ommon Council, shall give notice by publication
for ten days in a newspaper of general circulation printed in
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said City, ana designated in said order, inviting sealed
proposals for the collection, removal and disposal of rubbish
within said City, which notice shall direct the bidder to
submit sealed proposals pursuant to the provisions of this
ordinance.
SECTION TERSE: Any proposals submitted under the
provisions hereof for the collection, removal and disposal of
rubbish within said City, shall conform to the following
terms and conditions, to-wit:
(a) Such proposal shall be accompanied by a cashier's
check in the sum of $500.00, payable to said City, which sum
shall be retained by said City in the event of the failure of
the bidder submitting such proposal to enter into any contra.ct
awarded in conformity therewith;
lb) By said proposal, said bidder Shall offer for the
term therein specified, ~t in no event for a term less than
three years not more than ten years, to provide for the d~osal
of all of such rubbish, save and except as herein otherwise
provided, by either or both of the following methods. to be
known as Plan -AM and Plan "BM, to-wit:
~PLAN -A-: Under Plan "AM, the contractor:
(1) Shall install and maintain at places upon said
cri ty Dump acJ3ns1bla, to vehicles sui table bins or other receptacl s
into which rubbish conveyed to said City Dump may be conveniently
uploaded or deposited;
l2} Shall each day remove from said City Dump all
rubbish conveyed to or collected at said City Dump during the
preceding day, and dtug:p and dispose of the same at a point outside
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of and distant at least rrom the exterior boundaries of
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said Ci ty;
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(3) Shall keep said City Dump and all appliances and
2 equipment thereon free from rodents, vermin and other obnoxious
3 animals,; and shall keep said;ity Dump open to the public from
six o'clock a. m. to six o'clock p. m. daily;
4 (4) Shall maintain s~id City Dump in such manner that
~ the s~~e shall not endanger the public health or public s~fety,
8 or beoome or constitute a public or private nuisance, as
7 defined in Titles 1, 2 and 3, Part 3. Division 4 of the Civil
8 Code of the State of California;
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(5) Shall without exacting any charge therefor
10 receive and provide for the removal and disposal of all rubbish
11 conveyed to said city Dump by said contractor, or any inhabitant
12 or inhabitants of said City. save and except an independent
13 contractor; provided, that the amount of such rubbish so conveyed
14 to suC;h City Dump :tQ~any single familY, t shall not exceed five
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cubic yards per week;
(6) Shall at his own expense provide all labor,
eqh1pment and accessories necessary for the receiving, collecting
remo~a1 and disposal of al~ .rubbish conveyed to said. City Dump,
p~rsuant to the provisions hereof, except by an independent
contractor as aforesaid.
PLAN ~-: Under Plan "B-, the contractor:
(1) Shall within ..twI!r monm after the execution of
such contract install and ke.epupon said City Dump an incinerator
and disposal plant, the actual cost of which shall be not less
than ~3000.00. and which shall be of such character, quality
and capacity as to consume without smoke or odors all of the
rubbish conveyed to said City Dump, pursuant to the provisions
hereof;
(2) Shall install and maintain in said City Dump suit-
able appliances for receiving all rubbish conveyed thereto as
herein provided;
(3) Shall do and perform all of the work, acts and
things, and be subject to all of the terms, conditions and
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limitations, contained or specified in Subdivisions 3, 4, 5 and
6 of Plan "A";
l4) Shall cause all rubbish, including all salvage
therefrom, within one week after it shall have been brought
to said Gity Dump, to be either consumed in such incinerator,
or removed from said Gity Dump; provided, that any rubbish
removed therefrom, except salvage, shall be taken to and
dumped or deposited at a point at le~st three miles from the
exterior boundaries of said City; and prOVided, further, that
any salvage removed therefrom may be collected and sold in
the ordinary course of business;
(c) By said proposal, such bidder shall offer to
collect semi-annually, remove and dispose of all rubbish
accumulated within said City, pursuant to the directions and to
the complete satisfaction of the Sanitary Inspector of said
Gity, or such other officer of said :;ity as shall be designated
by said Mayor and Gommon Council to supervise such semi-annual
collections; provided that such officer shall specify the
dates, hours and places of such semi-annual collections, and
provided, further, that such bidder, if a contract shall be
awarded pursuant thereto, shall not be required to collect any
rubbish upon such semi-annual collections unless the same shall
be contained in sacks, boxes or other containers specified by
such officer, and deposited at accessible places upon public
streets and public alleys within said;i ty, pursuant to the
direction of such officer;
ld) By such proposal, such bidder shall offer to
collect, remove and dispose of all rubbish accumulated within
said ~clusive Zone as frequently as required by, under the
supervision and to the satisfaction of, the Sanitary Inspector
of said :;ity, but in any event at least once each wee~t..ll..}..~lIl:
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le) By such proposal, such bidder shall submit the
rates to be charged each person, firm or corporation within
said .5xclusive Zone for whom rubbish shall be collected,remc:Jved
and disposed of pursuant to the provisions of this Ordinance,
which rates shall be computed upon the basis of the number of
cubic yards per week so collected; provided, that a minimum
rate shall be specified where the aggregate collections per
week shall be less than one cubic yard;
If) By such proposal, such bidder shall agree that
in the event a dispute shall arise respecting the charge to be
made by such bidder within said lSxclusive Zone,the determination of
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1 the City Engine,er of said City of the charge'to'be made by such
2 bidder shall be conclusive;
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(g) By such proposal, such bidder shall specify the
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i character of vehicles to be used in effecting the collection
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and removal of such rubbish.
SEC'rION FOUR:
That said Mayor and Common Council
at the time specified for the opening of such sealed proposals
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II shall publicly examine said bids and a":ard a contract to the
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rfosponsible bidder who shall submi t the most satisfsctory
proposal for the collection, removal and disposal of such
rubbish, and p rsuant to the resolution awarding such contract,
the Mayor shall execute a contract with the bidder whose proposal
shall be accepted, setting forth the terms and conditions of
such contr~ct, pursuant to such proposal, and providing that
contemporaneously with the execution of such contract by such
bidder, such bidder shall deliver to said city the sum of
',;pIOOO.OO in cash, or a surety boad in the penal sum of ,;2000.00,
which sum of ~IOOO.OO, or which surety bond, shall be conditioned
to secure the faithful performance by such bidder of each and
all the terms, covenants and conditions of such contract, and
also conditioned to secure the prompt and efficient collection,
removal and disposal of all rubbish during such term pursuant
to the provisions of such proposal.
3SCTION FIVE: That any contractor as herein defined
during the time that he shall fully and faithfully keep and
perform all of the terms, covenants and conditions of the
contract awarded to him, shall have the exclusive right to
collect, remove and dispose of all rubbish accumulated within
said 8leiu.tlii_ Zona.
SECTION SIX: That it shall be unlawful for any person,
said EXclusive 7.one
firm or corporation to collect or remove any rubbish fro~
~ during the time any contract shall be in force for the
c01lection and removal thereof, j:lursuant to the proviwions of
this Or~inance, Save and except as herein provided.
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SECTION SEVEN: That any person, firm or corporation
in the lawful pos session of any property may colI e,c t and
remOve therefrom, and in a vehicle owned or lawfully possessed
by him transport to the said city Dump, any rubbish naturally
accumulatine upon such property so owned or lawfully possessed
by him.
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SEJTION :EIGHT: That any independent contractor may
collect and remove rubbish naturally accumulating upon the
property of others, save and except property embraced within
eaid EXclusive Zone, and remove the same therefrom for disposal,
and dump or dispose of such rubbish at a point outside of and
dis,tant at least three, miles from t~e boundary lines of said
City; provided, that ho independent contractor, except with
the written consent of the contractor, shall be permitted or
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have any right to dump or deposit any rubbish so collected
and removed from the property of others at or upon said City
Dump.
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SECTION NINE: That it shall be unlawful, except with
the consent of the Mayor and Gammon Council, to collect, dump
or deposit any rubbish upon any property located within said
city belonging to another, either with or without the consent
of the owner thereof; and it shall be unlawful to establish
or maintain a place for dumping rabbish in said~ity, or to
collect, receive or dump any rubbish on one's own property,
save and except such rubbish as shall reasonably accumulate
upon such property in the reasonable and lawful use thereof,
w1.thout the consent of the Eayor and '~ommon -':~ouncil.
SECTION TEN: That it shall be unlawful to deposit,
collect or accumulate, or permit to be deposited, collecte~ or
accumulated, any rubbish in any open place within said ~xclusive
Zone, as now or hereafter constituted, save and except in a
receptacle provided for such purpose, and approved by the ';hief
Engineer of the .B'ire Department of said City.
SECTION EL.ii."'V"LN: That it shall be unlawful to
deposi t, collect or accumulate any r,lbbish upon any public street,
public alley or public place within said City, save and except
at such places, and in such receptacles, as shall be approved
by said Sanitary Inspector.
SEJTION TWELVE: That the city of San Bernardino
28 does hereby reserve the right at any time to, collect, remove
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1 and dispose of rubbish collected or accumulated wi chin said
H:x:cl usi V e ~ one,
2 City, save and except within said ..__~ and to convey
3 the same to said City Dump for disposal by such contractor, and
4 it shall be the duty of any contractor as herein defined to
5 accept and provide for the removal and disposal of such rubbish
6 so conveyed thereto by said City.
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SECTION THIRTEEN: That it shall be unlawful for
any contractor to ~om a contract shall be awarded, as herein
provided, to make or exact any charge or fee for the collection
or removal of any rubbish, save and except the charge or fee
sp~cified in such contract.
SECTION FOURT~: That any person, firm or corporation
violating any of the provisions of this ordinance shall be
guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than $lOO.OO,or by imprisonment
in the ~ity Jail for not less than five days, or by both
such fine and imprisonment.
SEJTION FIFT:~T: That the Oi ty Clerk ShE,ll certify
to the passage of this ordinance, and cause the s~ne to be
published in the San Bernardino Daily Sun, a newspaper of
general circulation printed and published in said City, in the
manner provided by law.
I hereby certify that the foregoing ordinance WaE
San Bernardi no,
/U day of
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duly adopted by the Mayor and Common Council of the city of
at a regular
meeting thereof held on the
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AYE.
NOES:C~
The foregoin
is hereby a]proved this
32 ~day of jj'ebruary,
of the:':i ty 0
Bernardino.
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