PB-234 945
MIDDLETOWN'S MUNICIPAL SOLID WASTE
MANAGEMENT SYSTEM: A CASE STUDY
Applied Managment Sciences
Silver Spring, Maryland
1973
DISTRIBUTED BY:
National Technical Information Service
U. S. DEPARTMENT OF COMMERCE
5285 Port Royal Road, Springfield Va. 22151
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BIBLIOGRAPHIC DATA
1 SHEET
|4. 1 it le ami Suht It Ic
1. Report No.
Middletown's Municipal Solid Waste Management System:
A Case Study
PB 234 945
5- Report Oate
1973
6.
7. Author^)
8- Performing Organization Kept.
No.
J9 IV [forming Organisation Name ami Addr< ss
I Applied Management Sciences
j 962 Wayne Avenue
I Silver Spring, Maryland 20910
10. Proicct/Task/Work Unit No.
11. Contract /(rt No
68-03-0041
| i 2. Sponsoring Organisation Name and Address
! U.S. Environmental Protection Agency
Office of Solid Waste Management Programs
Washington, D.C. 20460
13. Type of Report & Period
Covered
final
14.
115. Supplementary Notes
; t 6. Abstracts
| This study examines the solid waste collection and disposal system in Middletown,
j Ohio. The background of the system, including location, geography, demography,
climate, form of government, and the solid waste management agencies is
5 described, and the characteristics of the system, including the services,
; equipment, and finances are discussed.
117. Kc v Words and Document Analysis. 17a. Descriptors
i Waste disposal, urban areas
17b. idem if lers /Open-I'.nded Tern
Jl7c. ( OSATI Field/Group
Reproduced by
NATIONAL TECHNICAL
INFORMATION SERVICE
U S Department of Commerce
Springfield VA 22151
18. Availability Statement
-ORM NTIS-35 (REV, 3-72)
19. Security Class (This I 21. "No- ni P,,PPS
Report) '
eport)
UNCLASSIFIED
20. Security Class (This
Page
UNCLASSIFIED
'USCOMM-DC
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NOTICE
THIS DOCUMENT HAS BEEN REPRODUCED FROM THE
BEST COPY FURNISHED US BY THE SPONSORING
AGENCY. ALTHOUGH IT IS RECOGNIZED THAT CER-
TAIN PORTIONS ARE ILLEGIBLE, IT IS BEING RE-
LEASED IN THE INTEREST OF MAKING AVAILABLE
AS MUCH INFORMATION AS POSSIBLE.
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MIDDLETOWN'S MUNICIPAL SOLID WASTE MANAGEMENT SYSTEM
A Case Stuch
This final report (SW ?9c) describes work performed
for the Federal solid waste management programs under contract No. 68-03-0041
to APPLIED MANAGEMENT SCIENCE, INC.
and is reproduced as received from the contractor
U.S. ENVIRONMENTAL PROTECTION AGENCY
1973
s *
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This report as submitted by the grantee or contractor \ 5s not been
technically reviewed by the U.S. Environmental Protection Agency (EPA).
Publication does not signify that the concents necessarily -eflect the
views and policies of EPA, nor does mention of commercial products
constitute endorsement or recommendation for use by the U.S. Government.
An environmental protection publication (SW-79c) in the solid waste
management series.
i i
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FOREWORD
Solid waste management systems are an integral part of the
environment of nearly every citizen in the United States. Yet
until recent years, these systems have not received the attention
other visible residential services have enjoyed. This historical
neglect has resulted in systems which may not be cost-effective,
especially with respect to the rising cost trends encountered in
solid waste management activities. These trends arise from two
principal factors:
* Environmentally sound disposal methodology is being
enforced or strongly encouraged; as a result, disposal
sites and needed equipment are now expensive to procure
and operate.
* The collection function is highly labor intensive.
Thus, the costs of unskilled labor, which have been
rising to meet socioeconomic demands, have had
enormous impacts on local agency budgets.
This rise in cost pressure has forced all levels of
governmental organizations to consider more closely the management
and costs of solid waste management activities.
Because efforts to upgrade solid waste management practices
are in their infancy, there is still an obvious lack of data
bases for evaluative and comparative analyses. This case study
is one in a series of case studies of solid waste management
systems which has been conducted under the sponsorship of the
Office of Solid Waste Management Programs, U. S. Environmental
Protection Agency. Kenneth Shuster and Cindy McLaren served as
EPA project officers on the case study reported herein. The
purpose of these case studies is to fill in this data gap with
actual case histories of how cities are handling their solid
waste problems.
Concerned agencies at all government levels, as well as
private firms, will be able to assess information of the following
types:
* The management and operating characteristics of
public sector solid waste management systems.
* The institutional forces which give rise to these
characteristics.
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* Those techniques that have been or are being applied
to enhance the measures of productivity, aesthetics,
level of service, and environmental control.
These agencies and firms can then use these comparisons
to upgrade their systems according to the norms achieved in other
cities of similar size, geographical location, and operational
and institutional characteristics.
—ARSEN J. DARNAY
Vaputy tu>i>jj>£a.n
fion Sotid WaAte.
Office of Solid Waste Management Programs
^v
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TABLE OF CONTENTS
Chapter
1 INTRODUCTION 1
2 SYSTEM DESCRIPTION ABSTRACT 3
3 FINDINGS AND CONCLUSIONS -
MAJOR PROBLEM AREAS 7
4 BACKGROUND OF THE SYSTEM 9
4. 1: Geography, Demography, Climate 10
4.2: Form of Government and Organization 11
2. 1: Form of Government 11
2. 2: Organization 11
4.3; Solid Waste Management System History 13
4.4: Agencies Impacting Middletown1 s Solid Waste
Management System 14
4.4.1: State of Ohio 14
4.4.2: Ohio-Kentucky-Indiana (OKI) Regional
Planning Authority 14
4.4.3: Butler County: Solid Wa s t e Pi s po s al St ucl y . . 15
4. 4.1; The City of MidTlotcv.-ii: ScllJ Waste '
Management Study 15
i> SOLID WASTE SYSTEM CHARACTERISTICS 17
5. 1: Evolution of the City of Middletown's
Franchised Collection System. 17
5.1.1: Pre-Franchise Solid Waste System
Characteristics 17
5. 1.2: Events Leading to the Implementation of a
Franchised Collection System 18
5. 1. 3: Present Status of the Franchised
Collection System 23
5.2; Level of Service. 24
5. 3: Productivity and Quality of Service 25
5.4: Disposal Methods 27
5.5: Equipment Description 30
5. 5. 1: Equipment Maintenance and Repair Policies . 31
5.6: Financial Aspects of Middletown's Solid Waste
Management System 31
APPENDICES -
Appendix A: ^Solid Waste Disposal Act 40
Appendix B: Ferguson Act 47
Appendix C: Contract for Residential Collection . . . 50
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LIST OF ILLUSTRATIONS
Figure
1
2
3
4
Title
City Government Organization
Map of the City of Middletown with the Landfill
Identified as the Darkened Area in the Map . .
Ohio Department of Health's Administration Rating
of Middletown Landfill (1) «...
Ohio Department of Health's Sanitation Rating
of Middletown Landfill (2)
Page
12
28
29
29
LIST OF TABLES
Table Title
1 Data Sources and Information Obtained 2
2 Collection System Characteristics Summary Comparing
Private Franchised System and Former Municipal System 5
3 Current (1973) Entry Wage Rates Per Hour in
Middletown, Ohio 10
4 1968 Guidelines and Recommendations for Middletown1 s
Solid Waste Collection and Disposal Activities 16
5 Three-Year Bids for the Collection of Residential Solid
Waste in Middletown 22
6 Collection Vehicles to be Purchased by Franchised
Company 22
7 Former Sanitation Division Employee: By Class of
Worker, Enrollment Date and Birth Da1 j 24
8 Efficiency/Productivity D'ta i'oi Middletown's
Solid Waste System 26
9 Sources of Revenue for the General Fund: 1969-1971 ... 32
10 Former City Commercial Rates 32
11 New Commercial Rates Charged by Big "M"
Trucking Company 34
vi
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LIST OF TABLES (Continued)
Table Title Pag
12 Disposal Charges at Middletovra Landfill 35
13 Operating Expenses of the Sanitation Division; 1969-1972 . 36
14 Estimated Departmental Expenses by Function if
Municipal Services Had Been Retained, 1973-75 37
wit.
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1
INTRODUCTION
The solid waste management system in Middletown, Ohio has re-
cently changed from a municipally operated collection function to complete
franchising of this activity to a private contractor. The disposal function
has remained as a city operation but has been rising in cost due to more
stringent state regulations for sanitary landfill.
The conversion to a franchised system has been discussed by city
officials for approximately three years prior to implemention. The
impetus for this conversion appears to have been a number of worker
actions by the employees of the Department of Sanitation over the past
two years . These events had disrupted service and had suggested that
a franchised collection system would be less subject to system failure.
However, the final decision to change over to the franchised system was
based solely on an economic rationale. The city anticipates saving approxi-
mately $360,000 over the next three years because of the economies of the
conversion.
The city continues to operate its own disposal site which the franchised
collector uses at no cost. This is a 113-acre landfill in the north-central
portion of the city. Private collectors and industries within the city may
also use this disposal site.
The case study of Middletown, Ohio was performed using a carefully
structured interview technique. Initial contacts were made by both
Office of Solid Waste Management Programs and Applied Management
Sciences personnel and interviews were scheduled at the convenience of the
city personnel. During these interviews, notes were taken and tape
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recordings were made after obtaining permission from the interviewees.
Extensive efforts were taken to require a minimum of city personnel time
and whenever possible, existing documentation was solicited to support
the general discussions. Table 1 presents the titles of the people inter-
viewed in Middletown, the dates of these interviews, and the types of
information obtained.
This report consists of five chapters, including the introduction.
Chapter 2 is a systems description abstract which synopsizes the
characteristics of the city and the collection and disposal systems. Chapter
3 presents the findings of the case study effort and identifies potential
problem areas. Chapter 4 is a description of the city in terms of those
parameters which can affect solid waste management operations. Finally,
Chapter 5 reports the characteristics of the solid waste system in con-
siderable detail. All aspects of the system are discussed and appropriate
tabular data are presented.
TABLE 1
DATA SOURCES AND INFORMATION OBTAINED
Title
Date
Information Obtained
City Manager
Director of Public Utilities
Health Commissioner
President, Local 856, Amer
ican Federation of State,
County,and Municipal Em-
ployees
Vice President, Big "M"
Trucking Company
2/12/73
2/12/73
2/13/73
2, 13/7:.
2/14/73
General System Characte-
ristics
General System Characte-
ri^tics;New and Old System
D.oposal Data
Union's View of Labor-
Management Problems
General System Character-
is^Mcs.Fr£mchisedSY_stern_.
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SYSTEM DESCRIPTION ABSTRACT
City:
Contacts:
Middletown Ohio
Dale Helsel
Robert V. Moschell
Robert F . McConaughy
Larry Watkins
Albert Engle
City Manager
Director of Public Utilities
Health Commissioner
President of Local 856,
American Federation of
State, County, and Municipal
Employees
Vice President, Big "M"
Trucking Company
Dates Visited:
February 12 - February 1.4, 1973
Population Demography: 1970 - Total - 48,769; White 89.1% Other 10.9%
I960 - Total - 42,115
1950 - Total - 33,695
Area:
Density:
Road Mileage:
19.17 Square Miles
2544 Persons per square mile
Collection:
Miscellaneous:
Paved
Gravel
Unimproved
Total
Table 2
176.769
.151
1.077
177.997
The private contractor reduced the crew size for
residential collectio'n from three to two men. The
number of residential routes remained the same.
Residential collection crews no longer pick-up
commercial accounts.
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Disposal:
Type:
Prepared Capacity:
Expected Life:
Operating Costs:
Start- up Costs:
Location:
Miscellaneous:
Sanitary Landfill
75 TPD (113 acres)
30 years
$73,479/year
$45,200 (Approx.)
State Route 73, north of city
The landfill is open 6 days a week from
8:00 AM to 4:00 PM. ..Dead animals are placed
in a separate hole at the site. Other pathologi-
cal wastes are burned in the city hospital's
incinerator .
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TABLE 2
COLLECTION SYSTEM CHARACTERISTICS SUMMARY COMPARING
PRIVATE FRANCHISED SYSTEM AND FORMER MUNICIPAL SYSTEM
^N_ Collection
^>^ 1'unction
Coiieccion ->_
Variable ^v.
Number of routes
Crew
Frequency of service
1 Point of collection
Method of collection
\
\ Stops
Service limitations
Inc cr.tive
Residential
Mixed Refuse
Previously City-
Operated
8
3
1/wk
2- 30 gal . con-
tainers backdoor;
unlimited quan-
tity curbside
None specified
14,000
2-30 gallon
containers at
backdoor
No
Privately-
Operated
Same
2
Same
Same
Same
Same
Same
Yes , may
leave when
route is com-
pleted
Commercial
Mixed Refuse
Previously City
Operated
1
With residential
routes serving
some commercial
accounts
3
J- 6 times
week
Curb/alley
Two men roll
containers out
to the truck
300
No Sunday
pick- up
No
Privately-
Operated
2
2
Same
Same
Same
Same
Same
Same
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TABLE 2 (Continued)
•^Collection
^xF unction
Collection ^^^
Variable ^X_
Fund Source
Tonnage
Wage scales
Unions
Annual Cost
Comments
Residential
Mixed Refuse
Previously City
Operated
General fund
49 TPD
Driver - $3.60
Helper - $3.48
AFSCME
Local G56
$356,150 (1971)
Costs had been in-
creasing by appro-
ximately 10% a
year
Privately
Operated
General fund
paid to con-
tractor
Same
Swing drivers
$3.00
Teamsters
$335,400 1st yr .
$335.524 2nd yr.
$376,836 3rd yr.
Both men drive
and collect
i
Commercial
Mixed Refuse '
i
Previously City
Operated
User charges
6.5 TPD
Driver - $3.60
Helper - $3.48
AFSCME
Local 856
$44.911
Fees for this ser-
vice went into the
general fund and
were not ear-
marked.
!
t
Privately
Operated
• !
Same
Same
Swing drivers
$3.00
Teamsters
N.A.
« , \
Big "M" just
increased
their rates
because they
were losing
money on this ;
operation i
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3
FINDINGS AND CONCLUSIONS - MAJOR PROBLEM AREAS
The solid waste nianageiritjut system of Miuuletowii, Ohio, now appears
to be operating at a relatively high level of effectiveness. The frequent
service disruptions which characterized the system over the past three
years are not expected to occur in the future because of the conversion
to a franchised private collection system. Disposal activities are still
performed by the city and are operated in strict accordance with state
health regulations.
Despite the apparent success of the new franchised collection system,
the city still faces several future problems. The most pressing is the cur-
rent litigation between the city and The American Federation of State, County,
and Municipal Employees (AFSCME). If a higher court 'should overrule the
lower court's decision against the union, then the city might have to rehire
all the dismissed municipal employees and return to municipal residential
collection. This could serve to disrupt collection service again and possibly
invite litigation by Big "M" Trucking Company against the city. It would ap-
pear that the only argument in the union's presentation to the next highest
court would be an analysis of the anticipated cost savings established by city
personnel. The cost analysis presented in Chapter 5 indicates that the city
can expect to save at least $300,000 over the next three years by franchising
collection service to the private firm. This estimate, based on recent histor-
ical cost data, does not include the landfill or the commercial account operating
costs, and neglects the revenue returned by the sale of collection and storage
equipment to the contractor. Therefore, the union's chance of reversing the
lower court's decision appears to be remote if its arguments are based on
financial data.
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A second problem is the rising cost of disposal which has increased
by 66.3 percent over the past four years. The principal cause of this
rising cost can be directly attributed to the addition of disposal site equip-
ment and staff to meet state landfill regulations. The easiest manner to
offset these costs would be to increase user charges for private and
industrial haulers. The current policy of subsidizing local private
industry through low disposal charges does not equate costs with revenues.
A new rate structure would serve to substantially offset these increased
costs „
Finally, the city may face a problem in negotiating a new contract
when the present collection contract expires. It is interesting to note
that Big "M" Trucking Company was the only firm to bid substantially
under the city's estimated cost figures. Of the other four bidders, one
was approximately $50,000 below the city's figure and the other three
were substantially above the city's quoted cost. If the Big "M" Trucking
Company used this initial contract to gain future bargaining power, then
large net savings by the city over the long term may not be realized.
Assuming that the City of Middletown is successful in terms of
the pending litigation, the residents of Middletown should receive adequate
collection service. The private franchised company is performing the
task at a level of service equal to that previously provided by the city
without the threat of periods of discontinued service. However, to be
consistent in all operations, the city should consider increasing disposal
fees to meet operating costs. This would help alleviate increasing disposal
cost pressures. The problem of renegotiating the present collection
contract is three years in the future and, hopeful] it will not present
major difficulties to the City. If these difficulties can be surmounted, the
conversion to a franchised collection system in MidJ town should be a
long-term success.
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BACKGROUND OF THE SYSTEM
Incorporated in 1913, the City of Middletown is a small industrial city
located in Butler County in southwestern Ohio. It lies in the center of the
metropolitan and industrial corridor extending from Cincinnati through Dayton,
Ohio. Middletown and Hamilton, Ohio form a Standard Metropolitan Statistical
Area with a combined population of approximately 226,000 people. Of this
total, approximately 49,000 people live within the corporate limits of Middle-
town. The people of Middletown descend largely from blue collar, skilled
and unskilled labor families and are generally characterized as conservative
and religiously oriented.
The city contains 45 major manufacturing companies. The major
products of local industry are steel and steel products, paperboard, aircraft
components, paper mill machinery, paving materials, copper tubing, liquid
alum, and iron castings. The largest employer is Armco Steel Company
with 8,000 employees.
During the past decade the City of Middletown had a population growth
rate of 15.8 percent, considerably higher than the 9.7 percent population
growth rate of the state. Middletown has also experienced a high degree of
industrial growth as total industrial employment within the city increased by
approximately 33 percent from 1965 and 1973. Industry is largely unionized,
with 75 percent of industrial workers belonging to unions. Over one-half
of the unionized workers are members of three large independent local
(non-national) unions. The unemployment rate in the city is approximately
five percent; the present entry wage rates are presented in Table 3.
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TABLE 3
CURRENT (1973) ENTRY WAGE RATES
PER HOUR IN MIDDLETOWN, OHIO
T"~~7— - -— __ Sex
Labor — ~-—^__^^
Category -~-^
Unskilled
Semi-skilled
Skilled
Feraale
$1.60-$2. 75
1.70- 3.50
2.00- 4.00
Male
$1.70-$3.00
1.90- 3.50
2.50- 4.60
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4.1; Geography, Demography. Climate
The City of Middletown has an incorporated land area of 19. 17 square
miles and is at an elevation of 658 feet. The land area within the city
boundaries is continually growing as the city annexes new land to support
its economic growth. As recently as I960, the land area was only 14.29
square miles.
The non-white population in Middletown is 5, 316 residents, represent-
ing 10.9 percent of the total population. The proportion of non-white popu-
lation has been relatively constant over the past decade. The average income
level of the non-white population appears to be relatively higher than in
other urban areas which may be the result of the high wages paid by the
industries located in the city and the low unemployment rate of these people.
The city funds its operations through property and income taxes on
corporate and personal income. The property tax rate is $35.26 per $1,000
of assessed valuation. Property is now being a .-• --ssed at 35 percent of
real value: on land and buildings. Middletown1 s iiicome tax rate is cxirrently
1. 5 percent.
The city has experienced considerable economic growth over the past
ten years as local industry has invested over $150 million in new plants and in
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the expansion of existing plants. During the next four years, there are private
sector plans to spend over $400 million for industrial expansion. Concurrent
with this growth, the city plans to spend $50 million for urban renewal.
Additionally, the Middletown Area Development Enterprise has acquired over
200 acres of prime industrial land that will be used to attract new industry to
the city.
Middletown's climate is somewhat less than moderate with few extremes
in temperature during each season. Summertime highs are typically in the
upper 80°F range and winter lows are in the mid-teens. The mean annual
temperature is 51.4 degrees Fahrenheit. The average annual rainfall is
39.44 inches. Snow is common to this region during the winter but does not
greatly disrupt collection activities as in some cities further south.
4.2; Form of Government and Organization
4.2.1: Form of Government
Middletown has a Commission-Manager form of government. The elected
leadership of the city consists of five commissioners who are elected at-large
in the city for terms of four years. The City Manager is appointed by the
City Commission to run the city. His duties are to manage city operations
and carry out the general rules and policies which the commission establishes.
The commission may also establish or abolish departments not specifically
written into the City Charter. As with most Commission-Manager forms of
government, the City Manager has an indefinite term of office and serves at
the pleasure of his employers.
4.2.2: Organization
An organization chart of the City of Middletown is shown in Figure 1 .
The Sanitation Division of the Department of Public Utilities currently is
responsible for solid waste collection and disposal. There are only four men
in this division and they are employed at the landfill. A major reorganization
of the city is being initiated and could significantly alter this existing
structure.
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4.3: Solid Waste Management System History
The solid waste management system of Middletown has completed a
full cycle in terms of its structure. The system was originally privately oper-
ated and now, once again, it is operated by a franchised firm. The original
franchised firm was very inefficient and went bankrupt. The city then
established the Sanitation Division in the Department of Public Utilities
for the purpose of the collection and disposal of solid waste. This
original service was funded through a user charge system and collection
was limited to two, thirty-gallon containers at the back door.
In 1961 the city initiated a one-percent income tax on the residents
of Middletown and at the same time, dropped the user charge system for
residential collection. Service charges were still collected from commer-
cial accounts. The service provided to residents remained at the once-a-
week, back-door service level, with the quantity collected limited to two
cans.
This service level continued until 1969 when the city increased its income
tax from one to one and one-half percent. As partial justification for this in-
crease, the city increased the level of service to its customers. The city
continued to provide back-door service for two, thirty-gallon cans and also
committed to pick up any quantity of solid waste in excess of sixty gallons
if left at the curbside. In essence, this provided the citizens with a combi-
nation of curbside/back-door service.
The most recent change, in Middletown's solid waste management
historyr was the return to the collection of solid waste by the private sector.
Debate on the franchising of solid waste collection to the private sector
first began in 1970. However, not until November 27, 1972, was a.
franchised private system implemented. The legality of this latest move
is currently being challenged in court by the local union, The American
Federation of State, County, and Municipal Employees. The union, which
represents the city's sanitation employees who were dismissed from their
jobs, contends that they have sole bargaining rights with the city and that
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the city violated this contract by franchising with a private collector. The
Butler County Common Pleas Court has supported the city's action but the
union plans an appeal to the next higher state court.
The level of service provided to the citizens of Middletown did not
change significantly when the contractor assumed collection responsibilities.
The only exception to this policy is that all cans must now be stored at the
ground level: A number of residents formerly kept cans in "wells" especially
ponstructed for aesthetic purposes.
4,4; Agencies Impacting Middletown's Solid Waste Management System
There are four groups identified as having had an impact upon the
solid waste management system of Middletown. One group is internal to
the city and the other three groups are external. The union's pressure
upon the city is discussed separately in Chapter 5.
4.4.1: State of Ohio
The Ohio State Legislature passed a law in 1967 to regulate the
disposal of solid waste by dumping. This act, presented in Appendix A,
has three main points:
• Open dumping or burning is prohibited at all disposal sites
• All sites must be licensed by the state
• All sites will be inspected annually by the State
Board of Health
This act directly affected Middletown1 s landfill; it ensured compliance
with sanitary landfill procedures.
4.4.2; Ohio-Kentucky-Indiana (OKI) Regional Plant ..ng Authority
In 1965 the Ohio, Kentucky, Ind-ana R gional Planning Authority,
which consists of nine counties surrounding Cincinnati, Ohio, conducted a
study of regional solid waste management programs. The aim of the
study was to establish sanitary, efficient, and economical systems for
solid waste collection, processing, and disposal in the OKI region.
Basically, the report suggested that the area develop regional plans for
these problems, as opposed to having each community establish its own
-14-
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SOLID WASTE SYSTEM CHARACTERISTICS
The evolution of JVliiiujetown's solid waste management system is
described in this chapter. The recent conversion from a municipally
operated system to a franchised private collection system is described
along with the events which led to the conversion. In discussing these
events, the word "strike" is avoided as this is a point of contention in
current litigation between the city and the union. .The service disruptions
are referred to as work stoppages or work disruptions. The chapter is
organized in six sections. The first two sections describe the municipally
operated sy.stem and the events which resulted in the transition to the
franchised system. Productivity and the quality of service are discussed
in the third section. Finally, the remaining three sections discuss disposal
methods, equipment, and financial characteristics of the system.
5;, _Evoliition of the City of MiddLetown's Franchised Collection System
5. 1. 1; Pre-Franchi.sc Solid Waste System Characteristics
Prior to the approval of a franchised solid waste collection system,
the City of Ivliddletuwn operated its own solid waste collection system.
The city provided once-a-weck residential service and also served some
co.-:.r:.ere i'-. I accounts. The level of service provided to the residents
vas a combination of curhside and back-door collection. Two thirty-gallon
containers were collected at the rear of a home and any other solid
waste in excess of sixty-gallons would be collected if placed at the curb.
Bulky items were collected by a separate vehicle and there was a minimum
-17-
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charge of $1.50 for this service. Dead animals would also be picked up
for a similar charge. Residential collection was financed through the
General Fund .
Commercial collection in the city was handled by both the city and the
private sector. The city had only one commercial route, but some commer-
cial accounts were served as part of residential routes. There were approxi-
mately 300 commercial accounts serviced by the city out of an estimated
total of 600. The fee for this collection service varied by the frequency
of collection, the size and number of containers, and whether the city owned
the containers. .A detailed description of these charges is presented in the
financial section of this chapter.
Industrial wastes were and still are collected by private haulers; or
industries perform their own collection service. While the city never
collected any of these wastes, they are generally disposed at the municipally
-1 ' andfill .
5.1.2: Events Leading to the Implementation of a Franchised Collection System
During normal periods of operation in early 1972, the Sanitation Division
of the Department of Public Utilities provided a relatively high level of service.
The complaint frequency was low and complaints generally resulted from
missed collections. However, labor relations between city management and
the local union, The American Federation of State, County, and Municipal
Employees, were quite strained at this time.
The first major dispute between the union and the city occurred in early
1970 over the issue of wage increases. The resulting work stoppage involved
all unionized city employees and lasted approAiiiii ^iy three weeks. During
this timo the city's residents did not receive any collection service and,
instead, Look their refuse to the city's Irndfill for di^j. >sal.
Two more recent labor-management disputes occurred in the spring
of 1972. While the city had studied the possibility of switching to a franchised
system as early as 1970, these two disputes acted as the final catalyst for
the change. The first dispute took place on April 12, 1972, and involved
- 18-
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only the Sanitation Division employees. The issue was a three day suspension
of two collectors for salvaging items found on their collection route. The
rest of the sanitation employees felt this punishment was overly severe and
took three days of sick leave on the same days that the two men were suspended
This dispute ended when the two suspended employees returned to work.
However, neither labor nor management was pleased with the results of this
incident.
The tension between both parties resulted in a second major dispute on
April 27, 1972. This dispute involved all of the unionized city employees and
two major issues were defined by the union. One issue was the city's refusal
to pay the employees for sick leave taken during the three day sanitation
employees sick-out. The city claimed that the workers had not been sick
and thus did not deserve to be paid. The second issue in this dispute con-
cerned assignment of additional men to the trucks when regular workers were
absent due to illness, vacation, or for other reasons. According to the argu-
ments presented, the union claimed that they were guaranteed three men per
truck on days when a newspaper pickup was scheduled. The collection of
newspapers, tied and bundled at the curb, was a new recycling program
initiat:-:! by the city. The papers \vere to be collected by the workers en
their routes and placed in separate containers fastened to the sides of the
collection truck. If workers were not available within the division on paper
collection days, then the Sanitation Division was to have the first opportunity
to use the Federal Emergency Employment Act employees to fill their crews.
The union contended that the city violated this agreement and attempted to
send trucks out with only two-man crews.
Consequently, the union conducted a work stoppage, supposedly to last
until those matters wore rectified. After the workers were out one day, the
City V.anagi r notified the workers that unless they returned to work on the
follov. ing day, the provisions of the Ferguson Act would be used. A copy of
this Act appears as Appendix B and basically states that a public employee
cannot strike against a c ity in Ohio. After the verbal notice to all 108 of the
city's unionized employees, only 31 came back to work while the remaining
77 men were dismissed under the provisions of the Act. Those dismissed
included all of the Sanitation Division.
-19-
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While the employees were on their walkout, the union petitioned the
city's residents to have the Director of Public Utilities dismissed. They
claimed that he was unfair and had provoked the recent labor dispute through
mistreatment of the employees who he supervised. The union claimed to have
obtained 4, 000 citizen signatures but admitted that a fairly large percentage
of these signatures were secured from citizens who had hoped that normal
collection service would be restored.
As a result of the application of the Ferguson Act, the union went to
court and obtained a restraining order against the city. The previously dis-
missed employees returned to work under the court order, and a special meet-
ing for each dismissed employee was to take place with a court-appointed commi
sion. These hearings have yet to be held because of a dispute over who should
head the commission and other legal entanglements to be discussed. If these
men are found guilty, they are formally terminated but may be rehired if
they feapply for the jobs. However, even if rehired, they still lose all their
seniority, will be on probation for two years, and cannot receive a wage
increase for one year.
The last labor dispute acted as the stimulus for the implementation
of the franchised system. In June 1972, the city asked for three-year bids
from private companies for the collection of solid waste from approximately
14, 000 residential stops. It is interesting to note that a newspaper article
on this decision indicated that two reasons were given for the consideration
of a franchised system. The City Manager cited the possible cost savings
which could result from such a system as the main reason for considering
a change-. He noted that the cost of solid waste management activities had
increased from $359,000 in 1970 to $550,000 in !°72 (see financial section).
In addition, the union was negotiating a new wage package which could sub-
stantially increase costs over the m^t t"/o ^ears. H' /ever, it was aliso
reported that at least one City Commission member cited the irresponsibility
of tiie union as being the stimulus to convert to a franchised collection
system.
-20-
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Bids received from five companies were opened on August 23, 1972.
The companies which responded for this business and their respective bids
are presented in Table 5. The lowest bidder, the Big "M" Trucking Com-
pany, was the winner of the competition. A copy of the contract is presented
in Appendix C. As part of this agreement, the franchised company was
required to purchase the city's collection vehicles and equipment at a fair
TABLE 5
THREE-YEAR BIDS FOR THE COLLECTION OF
RESIDENTIAL SOLID WASTE IN MIDDLETOWN
Company Name
Big "M" Trucking Company
Sanitation Systems
Benton Village Sanitation
Service
Blaylock Trucking Company
Quick Trash
Three Year Rid For
Residential Collection
$1,067,760
1,350, 000
1,543, 912
1,539, 150
1,675,556
markel value. A list of the vehicles that the city was operating at the time
the bids were opened is presented in Table 6, In addition, the contractor
was required to purchase approximately 290, one-cubic-yard containers and
5, five-cubic-yard containers. There was no provision in the contract for
TABLE 6
COLLECTION VEHICLES TO BE PURCHASED
BY FRANCHISED COMPANY
Truck
Number
76
77
78
79
80
83
84
101
109
110
Truck
Year and Meike
1968 CMC Diesel
1968 GMC Diesel
1972 Int. Dle.-,cl
1968 GMC Diesel
Tandem
1968 GMD Diesel
1968 GMC Diesel
1972 Int. Dic.'.cl
1967 GMC Gu-.oline
1972 Int. Diesel
1972 Int. Dicj.ol
Serial
Number
52593
52615
077109
DO63920
52580
52567
077127
5774G
077055
077188
Body
Si ?. e- Make -Year
17CY-Leach-1962
17CY-Leach-1962
20CY-Leach-1972
25CY-Leach-1968
17CY-Leach-1963
17CY-Leach-1962
20CY-Leach-1972
17CY-Leach-1967
20CY-Leach-197Z
20CY-Leach-1972
-21-
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the franchisee! company to assume the city's containerized commercial
accounts. These accounts were open to all competition. However, as part
of the formal agreement, the private contractor is required to service
small commercial accounts which do not generate solid waste in excess of
40 gallons a week.
On October 10, 1972, the local union representing the sanitation
employees sought an injunction against the city. They claimed that the city
had violated the Ohio State Conf.titution, the Middletown City Charter, and
their contract with the city by franchising the collection of residential solid
waste to a private firm. The union's position was that the city had violated
the collective bargaining agreement because the union was the sole party
with the right to collective bargaining with the city. The City of Middletown
claimed that it had signed a contract with Big "M" Trucking Company solely
on economic grounds and that the city had the right to abolish any division
not specified in the City Charter.
The Butler County Common Pleas Judge ruled in favor of the city on
November 2, 1972. He stated that "men did not hold their positions by
virtue of contracts buL as appointees. " At the same tixnc, however, lie
ruled that the City Manager could not serve as the head of the commission
to hear the cases of the men separated by the implementation of the Ferguson
Act. The two main issues being contested between the union and the city are:
(1) the hearings of the men dismissed through application of the Ferguson Act
and the legality of the Act; and (2) the city's right to abolish the Sanitation
Division and contract solid waste colletion to a private collector. These
two issues were initially separate court cases but were combined by the
lower court and is the reason why both rulings were reached at one time.
The union is planning to appeal the lower court's rv iing to the Ohio State
Supreme Court if necessary
-22-
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5.1.3: Present Status of the Franchisee} Collection System
Based upon the lower court's ruling against the union, the Big "M"
Trucking Company began residential collection in Middletown on November
27, 1972. The transition from public to private collection naturally incurred
some problems during the first several weeks of operation. The principal
problem was to familiarize the new men with the routes. A second problem
was the nominal number of residents who had "buried" their cans. These
reside r^ts had built special sunken pits or wells in which they placed their cans
to hide them from vi^w. When the new men went to look for the cans at these
homes and could not find any in sight, they continued on to the next house.
Largely because of these missed collections due to the unfamiliarity of the
men with the storage locations, complaints averaged from 100 to 200 calls
per day for the first week. This problem was solved by city action which
required all residents to place their containers at ground level if they wished
to be served. As of early 1973, the number of complaints has dropped to
approximately 15 per day.
Major System Benefits
There are two basic advantages of the new franchised collection system.
The cost savings to the city is the principal advantage. The three-year cost
saving, estimated at $360, 000 by city the size of Middletown and will help
alleviate financial pressures. The second major benefit is the expected elim-
ination of future disruptions in residential service. The private contractor
was required to post a $125,000 performance bond guaranteeing service to
the city even if his workers strike. Thus, the residents are not expected to
suffer the service disruptions that they have experienced over the past 2 to 3
years.
One unfortunate consequence of the changeover to a private hauler was
t! c dismissal of approximately 2-1 city employees. As illustrated in Table 7,
many of these: men had been with the city for 15 years or more and there had
been virtually no new men added in the last year of operation. It is interesting
to note that none of these workers were hired by the private contractor.
Presumably, they did not wish to accept either a cut in pay or the increased
work which would be expected of them.
-23-
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TABLE 7
FORMER SANITATION DIVISION EMPLOYEES,
BY CLASS OF WORKER, ENROLLMENT DATE
AND BIRTH DATE
Labor
Cla- r.
Laborer JjV
Labor i r JLI
Labor i r LI
L a borer JJ
Laborer JJ
Laboi cr II
J_|'L 1 JO i C I1 L±-
Laborer LI
Laborer II
Jj'ibori r II
Laborer II
J ,,iboj t.i 11
Laborer II
I -aboi ( r 11
La bo vi r JI
I«iboi cr H
Laborer 1J
La borer II
] jabo'j e r IJ
Laborer II
Laborer 11
J.,,' or-; II
Date
Krnploy od
1- 4-55
A - 'I - ^ -J
5- 1-57
7-21-58
12-12-67
-> C1 / —i
r,r.°,',
:> - (^ t - o o
8-21-68
5-27-68
6-30-69
10- 1-69
6-30-69
6- 8-70
8- 3-70
7-29-70
7-13-70
10-27-71
5-26-71
1 2 - 1 - 7 i
10-27-71
2-17-71
10-27-71
Birth
Date
3-14-19
'i - i .-4 - X ri
1-18-23
5- 8-37
5- 4-28
5-14-44
8-2 3-28
10-10-36
3-31-44
3- 4-36
6-23-36
1- 5-40
6-21-29
3-18-36
2- 2-37
12-15-50
2-14-37
1-21-45
1-19-46
3-15-46
8-29-48
2- 4-50
Labor
Class
ML'O I-1
N.-I Tj\ ) j '
MKO I
MT:O i
M",0 I
MUG I
KllJO I
MI;O i
MEO I
Foi eman
Date
Eni[)loyed
1-10-55
(•'>„> y K *_. '
10- 7-58
1-22-62
4-21-65
9-28-65
8- 7-67
10- 1-69
6- 4-69
9-15-64
Birth
Date
3-19-29
9-25-35
9-26-21
5- 5-36
12-31-27
1-16-35
i2-27-3i
3-10-40
4-14-41
12-15-37
II
Lab
-------
higher than the $1. 50 minimum, fee the city previously charged for these
special services. Thus, while the city is experiencing cost savings, some
nominal amount of additional expense is borne directly by the citizens.
The containerized commercial accounts that the city previously served
were left to open competition. It appears that Big "M" Trucking Company
secured the majority of these customers because they purchased all of the city-
c\vncci containers at these accounts. However, a recent rate increase by
Big "M may cause these commercial accounts to consider other private
contractors.
The landfill is still run by the city. Big "M" Trucking Company is
required to dispose of the residential solid waste collected at the landfill
and are not charged for this privilege.
5. 3: Productivity and Quality of Service
The operating characteristics of the solid waste management system in
Middle-town are shown in Table 8 for the last full year of municipal service
(1971) and the first full year of municipal service plus franchised operation.
The significant change between the two systems is the reduction in crew size
from thr<->e men - one driver-helper and two helpers - to two-man crews opera-
ting as "swing drivers." Both workers drive and collect in this system.
A 33-percent increase in efficiency is achieved with only a two-hour increase
in the length of an average workweek. This is especially apparent when the
number of tons /man /day is compared between the two systems. The
avercige number of tons collected per man per day was only 2. 9 tons under
the municipal system, and it increases to 4. 3 tons under the private, fran-
chisee! system.
1'}.': comparison of the two systems on a cost basis is not entirely accu-
ra'e for three reasons. First, the cost figures shown for the city reflect the
cost of residential collection in 1971. The cost figures for 1972 could not be
-25-
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TABLE 8
EFFICIENCY /PRODUCTIVITY DATA FOR
MLDDLETOWU'S SOLID WASTE SYSTEM
£g
ij p.
P ';;
Is
O 0
o n
»-,
£ 3
» 2
rt h-
^s<
*O*
O
>
6 «
2 w
>. o
"> (1 ^,
S3 >
2-n-3
« o .
o v r.
(J Q -^
to
o
tfl
t>
>.
o
r,
c
C w
o •"."!
•J u r ,
"ri
O
c.
O
Tl -^
0 0
J 4, 0
/! O cl
^v Collection Function
Parameter >^
1 '"lull i ti on Sr 1 verl
,o. ot i! t ^.u!. or (,orn:ii. Units
; ' < ret .Miles
A Hey Miles
A n1 ^ f scj . mi . ]
i'op. clnnsity (poo/:;q . mi. )
.'• v"M A--.-J!" '.<; Cil!"i.te•/
•f. ,„,/'! ,-,i, ' / lav
'J'on'j/N'., ii/Dn v
roll. Coat/KesiJ. l'";t/\e.\r
C" oil, Cost/tVi-'-u'x/l ea r
C oil. Cost /Ton/Vi .1 r
Tn(.( ! Ccjll. Cost/"l''nr
Ty!«: ^. t.'o. of Ui ,;>. .'.ltr*T
'j o'..''l Ui ,p. Co..t/ j r.
'^ c I 1 1 C o s t / y r .
Cull. I';..,, -US,- -.. ", ,,.' !,,( I'.;.,.
( ,11. 1 ,1,,-, ,- •<••,. -• t- . ', ,.f (,ji. C',1!.
c i,i). . ,11 ;i • ,,. .,,, t ,i. r...:i.
: '. or. • :),,,,]., ,,-,-.-, /j ot to; . i-xp,
I'MX. c; Di;3p. 1 i ,_>i t:.[H',i:,e as Vo of
tol. disp.
Residential-City
ODC rated
-13, 769. ,
14,000-
178
19. 17
17,836
49. 0
2. 00
2-30 gallon containers /backdoor
Excess at the curb
Once pc r v:f e k
Metal, Rubber, Plastic, Bags
3. &
4. 4b
40
Eb
3
40
6
3.48
3.60
350
8. 6
2.9
23. 30 3/
fc. fcS
18. 28
326, 150±/
Or.c
79.4fa4
405,634
80%
TS^j
1 4 -, o
20^0
54%
Residential-City
Phis Contractor Operated
48,769
14.000-'
178
" 19.1?
17,836
49.0
2. 00 .. . . _
2-30 gallon container s /backdoor
Excess at curb
Oreo per veok
Me>al, Rubber. Plastic, P-igs
3.5
4.43,,
41.8 -7
16
2
40
8
3.00
Swing
3.00 Drivers
3SO
8. 6
•t. 3
23. 95
6.87
le. 80
335,400
One
79,464
414,884
80°'o E ,
3b-;'oi/
N. A.
20%
54%
— Th i
is th^ fstimatod <-,\~c j ,'• £c number of units s er viced.
Tin i aj,p,( df quoted fi^uits was bctwet-n 13, ZOO and
15,000.
— The m» n art not paid overtime if they work more than
their f.tliodulfd number of hours unless t}ic truck breaks
down
'
—'The to-.t figures shown tine art- for 1971. The fiscal
yc.ti 197? in* luded ten and one-half months municipal
ope i .1 1 1 on and one and one -h a 1 f months pr i \ t fn;uic was estimated using the following $"TT9, VcTZTTf
a s s u m p 'i t o u b . I I 'i ^ 8 > M > ^
Thif- fir.ure is obvicusly an unuer-estimate sine
executi\'e and secretarial wages are not includea.
-26-
-------
used since they reflect both municipal and franchised operation. Thus, this
figure is actually lower than their costs in the last year of municipal operation,
The second reason for a bias in the figures is that the city does not anticipate
any significant savings until the last two years of the contract. Between the
fiscal years 1969 to 1971, residential collection costs increased at an average
rate of 10.2 percent. It was anticipated that collection costs would increase
by at least this amount, in the future. Finally tn.e 19^1 cost figures for the
city do not include any capital costs. This also reflects a downward bias
in the figures of approximately $30, 000.
The quality of service in the city has remained virtually constant. Com-
plaints now average approximately . 5 percent of all accounts serviced; about
the same as before the changeover to a franchised system. The big change
in the level of service, of course, is the guarantee of uninterrupted collection
service for the next three years (assuming court rulings remain the same).
This is a luxury the residents of Middletown have not experienced in recent
years.
5. 4: Disposal Methods
The disposal operations for the City of Middletown are still controlled
and operated by the city. The city owns a 113 acre landfill in the north-
centrnl portion of the city which has an expected life of 30 more years.
(See Figure 2.) All residential and most commercial solid waste generated
within the city is disposed at this site. The franchised collector is not charged
for disposal of residential waste and all other collectors are charged a very
nominal fee. These rates are discussed in the financial section.
The operating procedures practiced at the landfill have changed signifi-
cantly since 1968 when the city conducted a study of its collection and
clispo-,;i] operations. That study recommended that all open burning at the
sl.e be discontinued and that the city cover the waste each day. At that time,
there were periods of a we^K or longer when the waste was not covered. The
great strides that the city has taken in the operation of the landfill is reflected
in the extremely high grades the city site received from the Ohio Department
of Health. A copy of the state's rating of the landfill on both administrative
and sanitation factors for 1972 are presented as Figures 3 and 4 respecti/ely.
-27-
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if,, x^ £ /^.LV^ "">•>•* YXx^" rV~1 ' i"
--.:-•-'y^-^ fev/X;^ ># -•--"" Jr
.—„'-// .^y A V^-./^'-.-.w-'^-^-r-r—rn-.^p; i;
' " - '•
?fa'-
ILl'RE Z: MAP OF T..E CITY OF MIDDLETOWT WITH THE '.AND
IDENTIFIED AS THE DARKENED AREA IN THE MAP
-28-
'ILL
Reproduced from
best available copy.
-------
solid *AST£ JISPOS/L PECC.IAV REVIEW
ADMINISTRATION
' I ' ' '
, 1
D
FIGl'HE 3: OHIO DEPARTUEI-iT OF liEALTH'S ADMINISTRATION RATING
OF MIDDLE TOWN LANDFILL (1)
SOLID nASTE DISPOSAL PROGRAM REVIE*-SAMTARY LANDFILL
SANITATIOII
I ! ' I
Reproduced from
best available copy.
OHIO DEPARTMENT OF HEALTH'S SANITATION RATING
OF M1DDLETOWN LANDFILL (Z)
-29-
-------
The city's operating procedures received a score of 98 percent on adminis-
tration factors and a perfect 100 percent on sanitation factors.
The city accepts very little, if any, liquid wastes at the site. All con-
tainerized wastes arc always carefully opened and inspected before they are
allowed into the landfill. Dead animals are placed in a special pit and daily
cover is placed over the carcasses. All other pathological wastes are burned
in a crematorium at the city hospital.
Tv.'o pieces of equipment arc operated at the landfill. A Hystcr Compactor,
purchased in 1971, is used to compact the solid waste. A Dozer International
is used to cover the solid waste each day. Prior to purchasing the compactor.
two trac tors with blades were used at the site.
In addition to the city's landfill and the county's landfill located south-
west of the city, the City of Franklin operates a solid waste reclamation plant
approximately five miles east of Middletown. City officials of Franklin have
been trying to persuade Middletown to bring its solid waste to their plant, but
their efforts have yet to be successful. The basic problem is that it would
cost Middletown approximately $6. 00 a ton for disposal at the Franklin plant,
as compared to thnir landfill disnosal cost of approximately $2. 50 a ton. This
cost differential, which is due to transportation costs and the current economic
realities of recylin
-------
The average replacement cost of a 16 yard side-loader is only $12, 000 as
compared to $22,000 for a 20 yard rear-loader. The replacement cost saving
of $10,000 per vehicle was considered significant enough to make the change
to side-loaders desirable. In addition, the implementation of side-loading
vehicles would reduce the amount of walking required at each stop. According
to the management of the Big "M" Trucking Company, this would increase the
speed of the operation and thus the operating efficiencies of the men. The
equipment purchased from the city is principally being used for other commercial
operations of Rig MM" Trucking Company. However, two of the vehicles are
u.'.rd for the t\\ o commercial routes in the city.
j_u i LI 11'ie j'i'c jvla in 11 -• nance and Repair
Comparative data are not available on the maintenance and repair
policies under the two different operating schemes. The city previously
h''d its equipment repaired by the city garage. Big "M" Trucking Company
S( rviccs and repairs its own vehicles,
_5_._6j F_n2j£_n_ci;• \ Aspects of Middlctown's Solid Waste Management Systein
The solid waste management system in Middletown receives revenues
through the Ci^nnral Fund. As illustrated in Table 9, the majority of these
funds arc obtained through property taxes and local personal income tax.
The current property tax rate is $34.78 per thousand dollars of assessed
value. All property is valued at 35 percent of its true market price. The
income t-ix rate is 1. 5 percent: The increase in revenues between 1969 and
!':70 reilects the increase- in the income tax rate from one percent to its
present value.
The revenue from .sanitation charges was derived from three revenue
sources witlnn the division. Two of these sources are no longer operational.
T-.r larj-'Si i -,< ome source was the revenue generated from the user charges
fo • collection of commerc is.1 accounts. The rates for this service varied by
the si/.e and type of container, whether the city owned the container, the
establishment serviced, and the frequency of collection. These rates are
shown in Table. 10.
-31-
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TAhSLE V
SOURCES OF REVENUE FOR THE GENERAL FUND; 1969-1971
fu,,,,,, ,, 1 ».„'.,
(„ I,,-,., I 1 >
l.i^i'-. t n 1 \ i - <'!i,tl I'i ,>,M i ty
J> < i,"., ]'. •
1.' .ii-^ir, ,,!-() 1'iiniit-, fvi r.lrcet Use
He .illli l.u i n-,< s .IP. !'• r i -its
i'llllC r .Mill I'l C'll.ltll, l.u 1 •• OS
1J1 ufl. S • !' r 1 1 .1 n(] Ol H'}. it 10-lM I.I CO 116 O
CoMSl I v.i lii n IVi mil -.
M i s i . } l,tn< uu , 1 \'I irut '.
I in, ;,, Forfi if,, a'ir! IN n.ilties
JnliTlv.t
Hi i,';.
}'j op.ii 1 u" Id / Mi M-t il Sl.tU- 1 . ix re
Pi i.p.-i !:or It ly i)1,., i cc' SI. ac Licensee
St.i ;. C'i .1 ,t ,1. /i ti.:
County S1!'1 Till Liccr sc.<.
>'c.!. i.,i d. ant us .Air
Kc\rnuc I'roni I'riwtl Sources
S;if. ty lnspe< tion f cos
ivjt-.s ana 1< ITI ea lu;ii
!!i, !,«,,ys .il.J C'u c. U
I !' .i 1th .Sc l vires
f.il 4 til, 'III cms
S , • l In--,
O[ ' X i J A or i i1 S i '' :r i e b
1 DIAL
1971
$ 667.77K
K9/, 050
1, 918, 566
1, 697
3, 5Zfc
642.
4 ( 7 1
9,' 4 20
49, 855
740
125, 530
200, 953
12,265
346, 450
58, 556
26,416
4. 115
700
373
» 7^ n R o
, 1 3 , U O /
1, 731
36, 356
4, ZOO
6,919
7, 512
62, 350
106, 318
$4, 629, 706
1970
S 6c-d, 166
1, 092, 77 /
?. O.'.'/, <: 1(1
1, 755
4, 750
682
4-7-77
, f 1 J
9,495
22, 027
336
141,261
2-30, 5? 1
12, 581
436, f-?2
48, 967
7, 6 no
4, 969
700
15,881
A R ? rt ^
0 fj , t- o j
l. 475
35, 783
1 , '.o -j r . )
'.'ii-.: i'O-."
•;ac ur
S \NI»AT
on
ILtT
ION
• r-c
Revised :
•?r:s
tir.e re-Uj.
s - rna roNTH -
"J.R
No. of
H
U
ti
N
1!
H
N
N
t!
H
cuaic Y\k
- M:P i/rr
cent P-J r u
r ~. ''•
$ N
N
0
0
0
0
1
1
1
1
1
2
1
CO::TA;
CO
1 ^-CC
2
•ir,R
tion
5
^ r 7
3 r
.c. $•;>.<") ir&.ix
.c.
.c.
.c.
.c.
c
.c.
.c.
.c.
.c.
D co-i
t: - u
-.1 1 1 .-»a
O . 01
1
.L .
.r.
.20
. 4 0
.69
.SiO
.00
.20
. 40
.60
.KO
.00
8
l 3
18
2 i
"^ fl
.13
38
4 J
48
.00
.00
.90
. no
00
.00
.00
.00
r. n
TAItlr.KS
f; t •:
-
On
i :
0
0
i
i
?
/
2
3
.1
i;
•1
c; o .-
2'' c
) .'.C
/
.( .
.•:c
. i.O
. ro
f 0
. fi "'
. ,'i
. ^ i)
. 20
.60
. on
. 40
Id
2b
jo
4 3
5E
68
75
Eb
9o
PE-:
S CC
•_r,L5
cjor.
j
*u
0
l
2
2
3
j
4
5
5
i
b
. C' ''
.oc
.Go
.0"
OG
.OC
.0?
. C ,
.0:
- r\ L
T-.
r.t'
s !-
. ^ u
.£.'
.40
.OC
. r> 0
./C
. ^0
.46
.00
. 6 0
. 3 0
ted aid
'ICR
= [ We
4
$ l / .
23.
4 J .
58.
7 j .
88
xOj.
i 1 ^ .
1 3j .
1-48.
F-ATE
1-.K!=;
- ^
er 1 »
<1
$0.
1.
2 .
2 .
J.
4 .
5.
6 .
6.
7 .
8.
9 .
Jure i9'2
t.y oe
si{
jo
" 0
:o
• 0
00
"• 0
:o
" U
"0
".0
_
-•=•-
';'.
-U
iO
.0
'•^
'.0
-0
/o
'.0
-, 0
' n
40
iO
5
$16
38
58
78
98
1 ja
158
i / c
193
5J.O
PER
iOn
&
50
1
2
J
4
5
6
7
8
9
10
li
.3U
.00
.00
.00
. an
00
.3 J
. oo
.00
.00
C E
MO
— n
.^0
.50
.•'.0
.CO
.00
.50
-TO
.60
.60
.C0
. ~ 1.
.oO
6
42 j
-;6
; j
9s
j ?. j
i / .>
lib
^ ^ j
2 •» 8
ICH
-.r;.
tal.-.G
6
=.0
2
3
4
5
d
e
9
10
.1
.2
:'1
. IK
. OC
.OC
.oc
.0:
(^
.oc
.c,:
. oc
.0:
K)
.HC
.Oi.
. 2'
.-iC
.6C
.81
.OC
. ^c
. •; '.
. 6'J
.oc
-------
TABLE 10 (Contd. )
FORMER CITY COMMERCIAL RATES
CO HCJ-V,
.
.r,
PO
1 2 C
If.O
200
2-'iO
2RO
"* ? i"'
CO Id/,.',
C'l J i •" d ( '
~~ CO'IL.TJ
!'" . ol Cor dim r ;.
r. "
2 .
J.
4 .
r, .
f .
V ,
8.
9.
10.
UYITf. - )VK flu','
S K
J
3
r,
7
p,
10
) z
' Y, ' S -- P'T V">-,
i" It ub ic- V..i
? 5
8
1 3
18
23
28
33
38
43
48
I'M
r"_
. 75
. 50
.2S
.00
, /r,
. 5C
II'
d -
)
roTi
.00
.00
.00
.00
.00
.00
.00
.00
.00
- [IS!
.
:> i
5
8
12
] r.
J9
27
2 o
- co-:
( 2 2 0
J~C"
18
2d
38
48
58
68
71-
8?
9P
"i o
;L7-
.25
. 75
. 2C-
.75
.25
. 75
. 2 ,
I'AT'
yal ,
2
r~Du
.00
.00
. oo
.00
.00
.00
.00
.00
.00
M C
J
S i
8
1<1
1°
24
29
35
•10
i: t
on
3
Ti"
28
4 J
58
73
88
103
118
j 33
1 M 8
ONT.M-:
"<;-.;
. 75 1
.00 1
.25 '>
.50 :,
.75 •;
.00 <
.2 ) b
'.MTC-:
capcci
. 0"0~';' .
.00 3
. o c :
.00 7
.00 s
.00 11
.00 1 -•
.00 i:
.00 17
.00 ) r
--RS
L^^-.-^
." .25 :
--.25 :
-.25 i
-.25 !-
:,25 :
,.25 !
- .25 £
FHRt;:s'-.-[
-y)
\ 5
*7c;?T ;T!~3~
3.00 45
3.00 :j
3.00 E5
5.00 i:3
:.00 Hi
3.00 i:3
3 . 00 1S-3
3.00 213
3.00 ,::3
-ii-ff— ?
75
50
25
00
75
50
25
) HI
Wl
00
00
00 1
00 1
00 J
00 2
00 2
00 2
00 2
JL
19
:9
-0
50
f 1
- 1
.-2
6
Tr,
-8
: a
;s
-S
- f,
; =
; 6
• 3
/5
-*,.
J5
" 5
• r
-5
;5
-5
- 5
~^ff
:o
.0
70
:o
:o
;o
:o
}0
:o
Cl J V (JwiJ',1) (I!
CUIUC i'/il'P Cu'.J/\ll,l,KS
- P.';", MO-.TII - COTJ'/MNl'R ifRVICr I l'!0.
1'FH HO'.ri:
Container 2 Cubic y^
_ _
S I;. c"u~ " $1: '.'f "J ;• 2 » ."r>r" s. i. o o"
18.00 3d.00 5C.OQ ^3.00
?F.00 58.00 88.00 11'.00
If, .00 7f .00 1 IE .00 1 ' 3.00
48.00 9B.OO J n8 .00 lr; 3.00
Cli
;.5D KAC
T.K KON.
Cont.iinf;r 3 Cubic yflT-l
No. o' Co1 ] ,-
CI
5
? ] ) " (
28.10
41.'-
',r . r.'i
') '• Cl'l'Jf V?.1 i t
' ' , f1 1
'.i1 oo
F1 .0,0
11' . 0 "
', . I/.1M I
j
^ -1 i (1 ,
Cf 00
1 33 .00
1 7f . fl',
3 PI ;. JV
;
c " r'0
1 i 3 . 0 j
1 ' ,'.00
? ', . 0 0
. .-Y1T, -
3
•; ' i o o
1 - 3 .00 )
;? ; i . o o
2 f> . r* 0
$•' . 00 ' -ii
;: R " .•. i
6
- Q
.- . '; 0
; t- . -j o
Reproduced from
best available copy.
-33-
-------
TABLE 10 (Contcl. )
FORMER CITY COMMERCIAL RATES
Cu" ' I: JM, H/". s - I'L'k MO-ITM^ - CON" M'.'F.". SERVICE "URNIS'TJ BY
" " ~
Container 4 TuLic Yard
No. o_l Col I ret iprs I'er Vv_e
No. o£ LC:; ic Jr.tjs i " ~2 j~ 4
3.
3P.OO 78. P 0 118. 00 lac. 00 -cjf.OO 23?. f
56.00 116.00 176.00 ;36.00 296.00 356.03
* cm- OK-;:L<> FOUR cumc y
COM". -[(^1^1, i-.ATnn - I-F:R KNTH - COKTAI»JI.H SKRVICE FUUNISHF^ BY
" ""
CONTAH.'ER Ri\TAL RATE - 57. sc EACH
PER MO:; IK
€<>;>'.-uir.ci '.> Cubic jaiJ
No. o_f Colloct-cis i'er V.'ei'k
!i2j. ££ Containers 1 ? ~3~ 4 ? E
i. $23.06 $TSToo rrj.oo s5T7o"6~$TT5'.oo
-------
The second source of revenue from within the Sanitation Division is
income received from user charges at the landfill. These charges apply
to the unfranchised private and industrial haulers who use the landfill.
The rate schedule is shown in Table 12.
TARLE 12
DISPOSAL CHARGES AT MIDDJLETOWN LANDFILL
1
$ . 50
. 75
1. 00
1. 25
Type of Vehicle
Auto or two-wheel trailer
One-half ton r>ick-u.T?
Three-quarters to one and one-half ton truck
Any vehicle over one and one-half tons
T°;e city acknowledges that these rates are well below the actual cost of
disposal a'; t;.e landfill. However, the city is willing to subsidize the disposal
costs of cri'imercial and industrial businesses in the city in order to gain
support on other fiscal matters such as the city income tax.
Charges for special collections of bulky items and dead animals con-
stituted the last source of revenue for the Sanitation Division. As with the
income from the commercial accounts, this income is no longer a source of
revenue to the General Fund since the city changed to a franchised collection
system.
The expenses of the Sanitation Division, prior to the transition, are
separated by operating units in Table 13. From the cost trend over the past
four years, it is possible to estimate the total cost of residential collection
for the :;cxt three years. These figures arc developed by departmental cost
cost renter in Table 14. By assuming that all administrative costs are
alior.ai.ahle to residential collection, the total operating cost for residential
collection ovc: r the next three years is calculated to be $1, 317, 362.
-35-
-------
TABLE 13
OPERATING EXPENSES OF THE
SANITATION DIVISION; 1969-1972
*Thc rnui>irii>al system vv.is operated until November 27, 1972 and
these cxpcnrcf represent that cost plus the payment to P>if; "M"
Trucking Company for collection service for the remaining
portion of the year.
Year ai'. [>ensos
18, 105
i , 7 ? 2
9,268
29, 093
on 1-71
2', 377
2, 657
25,205
18, 933
?,035
2,457
23,425
17,557
1,775
6, 894
22,226
Residential
Collection
Expenses
217,383
20, 290
94, 071
331, 744
212 026
3l',017
57,899
300,942
198,931
25,746
56,532
281,209
179, 720
23, 602
44, 894
248,216
Commercial
Collection
Expenses
•
28,319
2,660
19,595
50,774
29, 129
3,554
12,229
44,912
22, 557
3, 530
8, 964
35,051
27, 133
2, 567
i',, 050
?7,75C
Landfill
Expenses
43,332
3, 770
32, 382
79,484
37, 985
4,756
21,091
63,832
39,054
4,353
23, 752
67, 159
27,973
2, 948
16, 916
47, 8?7
TOTAL
307, 139
26, 642
155,316
491.097
2oo 311
41,704
93,876
434,891
279,475
35,664
91, 705
406,844
252,383
30,892
76, 754
360,029
-36-
-------
TABLE 14
ESTIMATED DEPARTMENTAL EXPENSES BY FUNCTION IF
i, UHICIPAL, SERVICES HAD BEEN RETAINED, 1973-75-
l/
ear
972
1973
1 9 1 A.
1 r, -7r
Vat 1
Administrative
Expense
29, 095
31,859
34. 886
38, 200
104, 945
Residential
Expense
331, 744
365,582
402, 871
443, 964
1,212,417
Commercial
Expense
50, 774
56,526
63, Olft
70, 194
189,766
Landfill
Expense
79,484
95,381
1 14, 457
137, 348
347, 186
Total
491, 097
549, 384 '
615,224
689, 706
1, 854, 314
— Jhese projections are based on the annual fractional increments of all cost centers
listed by Table 13. The averages were tuKen and used to calculate the projected
cost'; to 1975. The incremental changes and the averages for each cost center
are provided belov/.
~~— -\J'~ rac tional
"^Change
Year "- -^_
1972
1Q7J
3 970
1969)
A\ e i a p. e
Administrative
Expense
. 154
.076
.054
.095
Residential
Expense
. 133
.070
. 102
. 102
Commercial
Expense
. 131
.281
- .071
. 114
Landfill
Expense
.245
-.050
.404
.200
Total
.129
.069
.130
. 109
<
There is an additional $90, 000 capital cost for these three years •which
is based upon the replacement of two vehicles each year at a cost of $15,000
eac.h. This -would yield a three-year total cost figure for residential collec-
tion of $1, -107, 362 ($1, 317, 362 + $90, 000) which is slightly less than the
figure quoted by management of $1,441,550. The calculated cost is considerably
more llinn the contracted fee of $1,067,760 which will be paid to the franchised
collector. The city will also gain extra revenue in the initial year of the con-
tract by the sale of ten vehicles and 295 containers to the private collector.
-37-
-------
Commercial collection expenses were not included in these calculations
for two reasons. First, the contract does not call for the collection of
commc rcial refuse. It deals solely with residential collection and leaves
the city's commercial accounts to all competitors in the market. Second,
the commercial operation was virtually break-even, as revenue from user
charge: approximated the costs.
Landfill costs also were not included in the calculation since the city
electee1 to continue to provide this service. The disposal costs have grown
over 66 percent for the last four years, which is approximately double the
ovowfri of pyopnco? ?n th>? other functions. The increase in costs is due to
the necessity to add equipment and manpower at the site comply with state
landfil] regulations.
-38-
-------
APPENDICES
-39-
-------
A
ObHl> SOLID WASTE DISPOSAL ACT
-40-
-------
(AmPiule-cl Rul^tituU- House Kill No. C23)
AN ACT
To enact sections 3734.01 to 3734.11, inclusive,
and 3734.99 of the Revised Code, relative to
the disposal of solid wastes.
f!e it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3734.01 to 3734.11, inclusive, and
3734.99 of the Revised Code be enacted to read as follows:
Sec. 373i.01. As used in sections 3734.01 to 3734.11, inclu-
sive, of the R--vised Code:
(A) "Board of health" means the board of health of a city
or general iu-.ilth district, or the authority having the duties of a
boaid of health in any city as authorized by section 3709.05 of the
Revised Code.
(B) "Director" means the director of the department of
health.
(C) "Health district" means a city or general health district
as created by or under authority of Chapter 3709. of the Revised
Code.
(D) "Public health council" means the public health council
as created by section 3701.33 of the Revised Code.
(E) "Solid wastes" means such unwanted residual solid or
semisolid material as results from industrial, commercial, agri-
cultural, and community operations, excluding earth or material
from construction, mining, or demolition operations and slag and
other substances which are not harmful or inimical to public
health, and includes garbage, combustible and non-combustible
material, street dirt, and debris.
(F) "Solid waste disposal" means final disposition of solid
wastes by means acceptable under regulations adopted by the pub-
li«- health council under section 3734.02 of the Revised Code.
(G) "Person" means the state, any political subdivision,
public or private corporation, individual, partnership, or other
entity.
-41-
-------
(II) "Open burning" means the burning of solid wastes in
•MI opi-n .'ifi-a or burning of solid wastes in a type of chamber or
\e. ,,el whit'i i.-, not approved in regulations adopted by the public
!"-"\HU council,
(I) "Open dumping" means the depositing of solid wastes
into a body or stream of water or onto the surface of the ground
\\ithout compacting the uastes and covering with suitable material
to a depth as prescribed by regulations adopted by the public
health coini1 il under section 3734.02 of the Revised Code.
Sec. 37;; 1.02. (A) The public health council, subject to sec-
tions llO.Oi to 119.13, inclusive, of the Revised Code, shall adopt
regulations having uniform application throughout the state gov-
erning solid \\aste disposal sites and facilities and the inspections
and issuance of licenses for all solid waste disposal sites and facili-
ties, in order to assure that such sites and facilities will be located,
maintained, and operated in a sanitary manner so as not to create
:\ nuisance, cause or contribute to water pollution, or create a
health hazard. Such regulations shall not concern or relate
to personnel policies, salaries, wages, fringe benefits, or other
conditions of employment of employees of persons owning or
operating solid waste disposal sites and facilities.
(P.) The director shall prescribe and furnish the application
f->r license, inspection record, and other forms necessary to
.'•dminister and enforce sections 3734.01 to 3734.11, inclusive, of
tha Jlc-vised Code.
((/) No person shall establish a solid wa>te disposal site or
f.'U'ility after 1he effective date of the regulations adopted by the
public health council under section 3734.02 of the Revised Code
without first submitting to and having approved by the director
detail plans of the site, facility, and method of operation.
(D) Sections 3734.01 to 3734.11, inclusive, of the Revised
Code and regulations adopted pursuant thereto are not applicable
to single family residential premises or to the temporary storage
of solid wastes prior to their collection for disposal or to the
collection of solid wastes by a political subdivision or a person
holding a franchise or license from a political subdivision of the
sbile.
Sec. 3734.03. One year following the effective date of regu-
lat.ons initially adopted by the public health council under section
373 i.02 of the- Revised Code, all open dumping and open burning:
slu'll lie COIKII;< tvd only uiuki- such umditions as prescribed by
: iuh ;v;',!i';:' ion ->.
Si-c. 3i3 1.04. The board of health of each district shall pro-
vide for the inspection, licensing, and enforcement of sanitary
-42-
-------
standards for solid waste disposal facilities and sites in conformity
\vith sections 3731.OL to 3734.11, inclusive, of the Revised Code.
Sec. 373 1.0.1. (A) No person shall operate or maintain a
solid \vasto disposal site or facility after January 1, 1969, without
a license issued by the board of health of the health district in
\vhith sia h site or facility is located.
(B) During the month of December, but before the first of
January of the next ye^r, every person proposing to continue to
operate an existing solid waste disposal site or facility shall pro-
cure a license to operate such site or facility for such year from
the board of health of the health district in which the site or
facility is located. A person who has received a license, upon sale
or disposition of a solid waste disposal site or facility may, upon
ron-ent of the board of health and the director, have the license
transferred In another person.
(C) Ka< h person proposing to open a new solid waste dis-
posal site or facility shall submit plans and specifications to the
department of health for required approval under the regulations
adopted by the public health council pursuant to section 3734.02
of the Revised Code at least sixty days before proposed operation
of the site or facility and concurrently make application for a
license with the board of health of the health district in which the
proposed site or facility is to be located.
Sec. 3735.06. (A) The annual fee for the license required
by section 3734.05 of the Revised Code shall not exceed five
hundred dollars and shall be paid at the time application is made
for a license. Such fee includes the cost of licensing and all inspec-
tions. The board of health may exempt the state and any political
subdivision of the state from the payment of the annual license fee.
(B) The license fees shall be paid into a special fund which
is hereby eteated in each health district and shall be used only by
the hoard of health for the purpose of administering and enforcing
sections ,",731 01 to 3734.11, inclusive, of the Revised Code and the
regulations adopted thereunder.
Rec. 3734.07. (A) Before a license is initially issued and
annually thereafter, or more often if necessary, the board of health
.-,I;;ui c-iii.^t- each solid waste disposal facility and site to be
inspected Mid :•. record to be made of each such inspection, and
require eacu solid waste disposal facility and site in the health dis-
trict to .satisfactorily comply with sections 3734.01 to 3734.11,
inclusive, of the Revised Code.
(B) Within thirty days after the issuance of a license, the
board of ho.iith h.'iall certify to the director that the solid waste
facility or site ha-> bcvri inspected and is in satisfactory compliance
-43-
-------
vviih sections 3734.01 to 3734.11. inclusive, of the Revised Code.
ivich b.,.trd of health shall provide the director with such other
iiifoi rna'ion as he may icquire from time to time.
(C) The board oi health or its authorized representative and
liit' dived or or his authoi iy.ed representative, upon proper identifi-
cation arid upon staling the purpose and necessity of an inspection,
i'\ay er.t'--.- any solid waste disposal site or facility at any reasonable
lime for the purpose of making inspections required by division
(A) of this section.
Sec. 3734.08. (A) The director shall survey annually each
hoalth district licensii1.: solid waste disposal sites and facilities as
•provided by section 3734.05 of the Revised Code to determine
whether ihere is substantial compliance with sections 3734.01 to
3731.11, inclusive, of the Revised Code, and upon determining that
thsre is substantial compliance, shall place such health district
upon an approved list. The director shall make a resurvey when
in his opinion such is necessary, and shall remove from the
approved list any health district not substantially complying with
sections 3734.01 to 3734.11, inclusive, of the Revised Code.
(B) ]f after a survey or resurvey is made as provided by
tliis section, the director determines that a health district is not
eligible to be placed on the approved list or to continue on such
liit, he shall certify such fact to the board of health of the health
district and the director shall administer and enforce sections
3.734.01 to 3734.11, inclusive, of the Revised Code, in such health
district un uni.il the operator of the solid waste disposal
I'lt'i'iiy ha i I.-, ea given notice in writing of the sp'-cific violations
ami a i ev^nuble lime to make corrections.
-------
Before the board of health may suspend, revoke, or deny a
license to a political subdivision, it shall afford the political sub-
division a hearing at which time the political subdivision may pre-
sent evidence concerning its financial ability to comply with the
regulations adopted by the public health council pursuant to sec-
tion 3734.02 of the Revised Code. Such evidence may include and
tV: board of health shall consider the existing limitations on the
taxing pcnver and debt limitations of the political subdivision, the
extent to which the political subdivision is levying taxes and has in-
curred debt, and the other governmental and proprietary needs of
the political subdivision as such needs affect its remaining authority
to levy taxc.s and incur debt to comply with the regulations adopted
by the public health council. After considering the evidence the
board of health may grant the political subdivision a conditional
Jicen.se. to operate a solid waste disposal site or facility, without
full compliance with the regulations adopted by the public health
council and establish a reasonable time for full compliance by said
political .uibdivision, which time may be extended by the board of
health from time to time for good cause. Appeal from any suspen-
sion, revocation, or denial of a license shall be made in accordance
with sections 119.01 to 119.13, inclusive, of the Revised Code,
where such action is proposed by the director, ar.d in accordance
with Chapter 2506. of the Revised Code when such action is taken
by a board of health.
Sec. 3734.10. The prosecuting attorney of the county or the
city solicitor or attorney of the city, upon complaint of the re-
spective board of health of the health district or the director, shall
prosecute to termination or bring an action for injunction against
any person \iolating sections 3734.01 to 3734.11, inclusive, of the
Revised Code. The common pleas court in which an action for in-
junction is filed has the jurisdiction to grant injunctive relief upon
a showing that the respondent named in the petition is operating a
solid waste disposal site or facility in violation of sections 3734.01
to 3734.11, inclusive, of the Revised Code.
Sex-.. 3734.11. (A) No person shall violate sections 3734.01
to 3734.11, inclusive, of the Revised Code, or the regulations adopted
thereunder.
(K) No person shall refuse entry to a board of health or its
authorized representatives or the director or his authorized repre-
sentatives, as authorized by section 3734.07 of the Revised Code,
or otherwise willfully hinder or thwart the board or its authorized
representatives or !he director or his authorized representatives in
the exercise of any authority, or performance of any duty under
sections 37:14.01 to 3734.11, inclusue, of the Revised Code.
Sec. 3734.99. Whoever violates section 3734.01, 3734.02,
-------
3734.03, 3734.04, ,",734.05, 3734.05, .'5734.07, 3734.08, 3704.09,
3734.10 or 3734.11 of. the Revised Code sh;Ul be fined not more
than one hundred dollars for each day that such violation is
continued.
CHARLES F. KURFESS,
Speaker of the House of Representatives.
JOHN W. BROWN,
President of the Senate.
Passed August 25, 1967.
A;>j>r')ved September 14, 1967.
JAiltfS A. RHODES,
Governor.
The :.*ctioml numbers herein are in conformity with the Revised Code.
OHIO LEGISLATIVE SERVICE COMMISSION
DAVID A. JOHNSTON, Director.
Filed in the office of the Secretary of State ut Columbus, Ohio,
on the l''ui day of September, A. D. 1967.
I hereby certify thai the foregoing is a true copy of the
enrolled bill.
TED W. BROWN,
Secretary of State.
Mo. 3,;3. Effective December 14, 1067.
-------
APPENDIX B
FERGUSON ACT
-<*/ -
-------
8-1117.01
LABOR AND INDUSTRY
118
CHAPTER 4117: STRIKES BY PUBLIC EMPLOYEES
41170] Pffmltlnin
411707 SIM&C In public emplo)cci prohibited.
411701 Krimi nrmcnt.
411701 Suite drfincd.
4117.(T> Icimmniion of cmplo)mcnt.
§4117.01 Definitions. (CC § 17-7)
As used in sections 4117.01 to 4117.05, inclu-
si\e, of the Revised Code:
(A) "Strike" means the failure to report for
duty, the willful absence from one's position, the
stoppage of work, or the abstinence in whole or
in part from the full, faithful, and proper per-
formance of the duties of employment, for the
purpose of inducing, influencing, or coercing a
change in the conditions, compensation, rights,
privileges, or obligations of employment, or of
intimidating, coercing, or unlawfully influencing
others from remaining in or from assuming such
public employment. Such sections do not limit,
impair, or affect the right of any public employee
to the expression or communication of a view,
grievance, complaint, or opinion on any matter
related to the conditions or compensation of pub-
lic employment or their betterment, so long as
such expression or communication is not designed
to and doc.s not inteifere with the full, faithful,
and proper performance of the duties of employ-
ment.
(R) "Public employee" means any person hold-
ing a position by appointment or employment in
the government of this state, or any municipal
corporation, county, township, or other political
subdivision of ibis state, or in tho public school
service, or any public or special district, or in tho
service of any authority, commission, or board, or
In any other branch of the public service.
HISTORY: GC 8 17-7; 122 T 449, fi 1. EfT 10-1-5S.
Comment
This srcilon also derived from CC 8 17-8. See also
RC 5 411702.
Oross-Ucfeienccs lo Related Section*
Sen RC §54117.03 to 4117.05 which refer to RC
§411701 et sen..
Research Aids
Union org.mi/ation nnd nctivilirs of public em-
ployees. 31 ALR2d 1M2.
Comparative I/cgisln(inn
Mich—St.1(1 Ann, §17.455(2) et scq
N.Y.—Cousol Laws, Civ Scr § 108 et scu full, fai'hlul,
and proper peifonnanee of his position for the
purpi'-c of inducing, influ Dicing, or coercing a
change in the. conditions, as compensation, rights,
privilege., or obligations of en.ployment or of
;ntimkl,,';]i:g, coercing, or unlawfully influencing
othei , f. -rn remaining in or from assuming sucn
publL employment is 01 strike, provided that
notice that he is on strike shall be sent to such
-4K-
-------
no
STRIKES DY PUBLIC EMPLOYEES
8 4117.05
_. ' >MC !>)' h^ superior by mail addressed to his
T!vi\f a< sct f°rl'1 '" 'lis employ1"011' record.
.'^'rtVl'^ce, up011 request, shall ho entitled to
,.' >'' h'lli-it '1>c "id not violate sections 4117.01
|i Termination of employment.
(CC§ 17-10)
Any public employee who violates sections
1117.01 to 4117.05, inclusive, of the Revised
Code, shall thereby be considered to have aban-
doned and terminated his appointment or employ-
ment and shall no longer hold such position, or
be entitled to any of the rights or emoluments
thereof, except if appointed or reappointed.
HISTORY: GC 8 17-lOi 122 r 449, 14. Eff 10-L5J.
-49-
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APPENDIX C
CONTRACT FOR RESIDENTIAL COLLECTION
-50-
-------
CITY OF MIDDLETOWN, OHIO
DEPARTMENT OF PUBLIC UTILITIES
CONTRACT DOCUMENTS FOR COLLECTION OF GARBAGE AND REFUSE 1972
ADDENDUM NO. 1, DATED AUGUST 11, 1972
The following interpretations, changes, or additions to the
contract documents shall be an integral part of the contract
for this project and must be taken account of in rendering
any proposal for this work.
This addendum No. 1 is being sent bv certified mail to all
parties who are on record as having received a set of contract
documents for this project, and must be securely fastened to
the documents used for submitting a proposal for this work.
In addition to the bid items listed in the Bidding Schedule
on pages P-3 and P-4 of the proposal, it is required that
bidders submit a proposal for the following work. (This is
a mandatory requirement of the bid item):
-51-
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Explanation of Item No. 1A
The Contractor is requested to include in his Bid Schedule
an amount to be added to or deducted from the base bid of
Item No. 1, as an alternate to permit the City to consider
the costs involved if the disposal site is changed from
the City of Middletown's Landfill to the City of Franklin's
Solid Waste Disposal Plant. Section 28 of Specifications
paqe S-13 states that material collected under the terms of
the contract (residential wastes and limited commercial
service) will not be charged for disposal at the City of
Middletown's Landfill. Section 19 of Specifications page S-9
states that material shall be disposed of at a "Refuse
Disposal Site to be provided by or in behalf of the City
without charge to the Contractor." The alternative bid
requested as Item 1A shall be the difference to be added
or deducted from Item 1 if the material collected under
the terms of the contract (residential and limited commer-
cial service) is trucked to and disposed of at the City of
Franklin's Solid Waste Disposal Plant. The option is at
the discretion of selection by the City of Middletown as
to the location of the disposal site. The contractor must
determine the incremental amount for the difference in
hauling distance to Franklin's plant and to include in
his price bid, the charge made by the City of Franklin for
disposal. A maximum amount of $7.00 per ton is guaranteed
by the City of Franklin for the three year period of this
contract. (Present charge is $6.50 per ton) .
As an aid to the Contractor, the following tonnage was
recorded froi. thr residential collection routes during
the week of June 19, 1972. The total of the eight trucks
for the five day period was 342.84 tons. The Contractor
is furnished this information without any guarantee that
this quantity is representative of the production of solid
waste. The Contractor is advised to make his own compu-
tation and estimate of the tonnage produced to submit a bid
for Item 1A. The Contractor is further advised to determine
the restrictions of acceptable material, hours and days
of operation, and other considerations of the use of the
Franklin plant from the officials of the plant. The City
of Middletown mades no claim as to the required changes
in the contractor's operation to permit the use of the
plant in Franklin for disposal. The total bid amount
shall include all costs incidental to and including the
disposal fee per ton made by the City of Franklin.
-54-
AD-4
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Section 13 of the General Conditions (Page GC-7) is amended
to add the following:
At the Contractor's option, payment will be made semi-
monthly of the work performed at the rate of one-twenty
fourths (1/24) of the respective years bid price for Item
No. 1, 1A, and 2. The Contractor shall submit one invoice
as of the 15th day of the month for the first half of the
month's work; payment to be made by the 25th of the month;
and one invoice as of the last day of the month, payment
to be made by the tenth of the following month.
-55-
AD-5
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CITY OF M1DDLETOWN, OHIO
DF.IPAKTMENT OF PUBLIC UTILITIES
CONTRACT DOCUMENTS
FOR
COLLECTION OF GARBAGE AND RF,! I'GC
1972
Notice to Bidders, Instructionr, to Bidders, Proposal
Contract, Bond, General Conditions, Detailed Specifications,
and Exhibits
Prepared by
R. V. Moschell, P.E.
Director of Public Utilities
-56-
-------
* INDEX TO CONTRACT DOCUMENTS
Section Pages
Title Sheet i
Index ii
Advertisement for Bids (Legal Notice) iiiriv
Instructions to Bidders IB-l:IB-7
Proposal P-l:P-6
Special Notice SN1
Bid Bond BB1
Contract C-l:C-2
Contract Bond CB-l:CB-2
Certificates CF-1
General Conditions GC-l:GC-9
Specifications S-1:S-14
Exhibits:
A - City Map with Collection Schedule In Pocket
B - Codified Ordinances Chapter 27 - CO-l:CO-7
Garbage & Rubbish
-57-
11
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ADVERTISEMENT FOR BIDS
LEGAL NOTICE NO. 2464
CITY OF MIDDLETOWN, OHIO
NOTICE TO BIDDERS
Sealed proposals will be received by the City of Middletown,
Ohio at the office of the Purchasing Agent in the City Building,
1425 Central Avenue, Middletown, Ohio until 12 noon, Eastern
Daylight Time, Tuesday, August 22, 1972, and then publicly
opened and read aloud for the Collection of Garbage and Re-
fuse for the City of Middletown, Ohio.
Copies of the contract documents and specifications may be
examined and obtained at no charge or deposit from the office
of the Purchasing Agent by persons interested in bidding on
this work. No more than two (2) copies will be furnished to
any person.
The documents referred to constitute the only official source
of legal and technical information for this project, except
for addenda formally issued prior to the date and time set
for opening of the bids.
Envelopes containing the bid must be sealed and must clearly
show the name and address of the bidder, the date and time
of bid opening, and the statement "Bid for Collection of
Garbage and Refuse". No bid may be withdrawn after it has
been deposited with the Purchasing Agent of the City.
Each proposal shall be accompanied by a certified or cashier's
check, or bid bond, in the sum of $125,000 as surety for the
contract. The Bond shall be made payable to the Treasurer
of the City of Middletown, Ohio, and shall be executed by
a company licensed to do business in Ohio. Surety checks
and bonds will be held as a guarantee that in the event
the bid is accepted and a contract awarded to the bidder,
the contract will be duly executed, and its performance
properly secured by the required performance bonds. The
successful bidder will be required to execute the contract
and provide a $250,000 performance bond within ten (10) days
after award of the contract to him. In case the bidder
neglects to so execute the contract, the bond accompanying
his proposal shall be forfeited to the City of Middletown,
not as a penalty, but as liquidated damages.
-58-
iii
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Notice to Hiddo.rs (Continued)
The City reserves the right to reject any or all bids, to
waive any informalities or irregularities in the bids received,
and to accept any bid or items of the bid which is deemed
most favorable to the City, at the time and under the conditions
stipulated.
Bidders on this work will be required to comply with certain
sections of the Revised Code of Ohio, which are explained in
the specifications.
City of Middletown, Ohio
by C. Dudley Inwood
Chairman of the City Commission
Advertised
Date July 22, 1972
Date July 29, 1972
-59-
IV
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INSTRUCTIONS TO BIDDERS
1. Description of Work: Proposals are invited by the City
of Middletown,Ohio,for the Collection of Garbage and Refuse
from all residences, dwelling units, institutions, and
commercial establishments within the corporate limits of the
City of Middletown. All bids shall be in strict accordance
with all provisions and specifications of the contract docu-
ments .
2. Preparation of Proposals: Each proposal shall be firmly
sealed in an envelope labeled "Bid for the Collection of
Garbage and Refuse" and delivered to the office designated
in the Advertisements for Bids prior to the date and time
for the opening of the bids. The envelope shall show the
name and address of the bidder, and the date and time of
bid opening.
All bids are to be made only on the Proposal Forms furnished
by the City and included in this document. Bid prices in
the Bidding Schedule are to be written both by words and by
figures, and in case of any conflict, the former will apply.
Only proposals which are made out upon the regular Proposal
Form included in this document will be considered. The Proposal
Form must not be separated from this document.
3. Bid Security: No proposal will be considered unless
accompanied by a certified check, cashier's check, or bid
bond in the amount of $125,000, payable to the City as guarantee
that if the bid is accepted, the bidder will execute and re-
turn the proposed Contract within ten (10) days from the
date of the award of the contract. On failure of the
successful bidder to execute the Contract and required bonds,
he shall forfeit the deposit as agreed liquidated damages,
and the acceptance of the proposal will be contingent upon
the bidder agreeing to this provision.
The bid security of all bidders for this Contract will be
held until the Contract is executed, and then the bid security
will be returned to the bidders.
-60-
IB-1
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Instructions to Bidders (Continued)
4. Examination of Site and Contract Documents:
(a) Bidders shall inform themselves of all the conditions
under which the work is to be performed and all
other relevant matters concerning the work to be
performed. The Contractor to whom a Contract is
awarded will not be allowed any extra compensation
by reason of any such matters or things concerning
which the Contractor did not inform himself prior
to bidding.
(b) The bidder is expected and instructed to base
his bid on complying fully with the Contract
Documents.
(c) Bidders must satisfy themselves by personal
examination of the proposed work and by such other
means as they may prefer as to the correctness of
any work listed in the proposal and shall not,
after submission of their proposal, dispute, com-
plain or assert that there was any misunderstanding
in regard to the nature or amount of work to be
done.
(d) Before submitting a proposal, each Contractor
should read the complete Contract Document, including
Advertisement, Instructions to Bidders, General
Conditions, the Form of Contract, and the Specifications,
all of which contain provisions applicable not
only to the successful bidder but also to any of
his sub-contractors.
5. Interpretation of Contract Documents: If any person
contemplatingsubmitting a bid on this work is in doubt as
to the true meaning of any part of the Contract Documents,
he may submit to the Purchasing Agent of the City a written
request for an interpretation thereof. The person submitting
the request will be responsible for its prompt delivery. Any
interpretation of the Contract Documents will be made only by
addendum duly issued or delivered to each person receiving
a set of such documents. The City will not be responsible for
any other explanations or interpretations of the Contract
Documents. All addenda issued shall become a part of the
Contract Documents.
-61-
IB-2
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Instructions to Bidders (Continued)
6. Bidding Requirements:
(a) The price or prices shown on the Bidding Schedule
shall include all costs required to comply with
the provisions of the Contract Documents and shall
be the actual price, or prices, to be paid by the
City including all discounts, allowances, etc.,
so that the bid can be evaluated on a firm, fair,
and equitable basis. Each bidder must bid on each
required item listed on the Bidding Schedule.
(b) Each bidder shall submit only one bid.
7• Conditions in Contractor's Proposal; A bidder shall
not stipulate"in his proposal any conditions not contained
in the Form of Proposal included in the Contract Documents.
Such stipulations may be cause for rejection of the Proposal.
8. Withdrawal of Proposals: No bidder may withdraw his
proposal at any time prior to the scheduled closing time for
the receipt of proposals. No bid shall be withdrawn after
the opening of proposals without the consent of the City for
a period of sixty (60) days after the scheduled date and
time of opening bids.
9. Signing of Proposals;
(a) Proposals which are not signed by individuals
making them shall have attached hereto a power
of attorney evidencing authority to sign the
proposal in the name of the person for whom it
is signed.
(b) Proposals which are signed for a co-partnership
shall be signed by all of the co-partners, or by
an attorney-in-fact. If signed by attorney-in-
fact, there shall be attached to the proposal a
power of attorney evidencing authority to sign
the proposal.
(c) Proposals which are signed for a corporation
shall have the correct corporate name thereof
signed in hand writing, or in typewriting, and
the signature of the president or other authorized
officer of the corporation should be manually
written below the written or typewritten corporate
name following the word "By " .
-62-
IB-3
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Instructions to Bidders (Continued)
In addition, there shall be furnished a copy of
the Resolution of the Directors of the Corporation,
sealed with the corporate seal authorizing the
officer signing to enter the proposal upon behalf
of the corporation.
(d) If proposals are signed for any other legal entity,
the authority of the person signing for such legal
entity shall be attached to the proposal.
10. Rejection or Acceptance of Bids: The City reserves the
right to accept or reject any or all bids. In awarding a
contract, the City reserves the right to consider all elements
entering into the question of determining the responsibility
of the bidder. Any bid which is incomplete, conditional,
obscure, or which contains additions not called for, erasures,
or irregularities of any kind, will be considered irregular
and may be cause for rejection of bid. In case of any dis-
crepancy between the price written in the bid and that given
in figures for any item, the price in writing will be considered
as the bid.
11. Execution of Contracts and Bonds: Each contract must be
executerTTn Tive(T)counterparts and there shall be executed
original counterparts of the Contract Bond in equal number
to the executed counterparts of the Contract. Three (3)
copies of such executed documents will be retained by the
City, the other two (2j will be delivered to the Contractor.
The successful Contractor must provide compensation insurance,
public Liability and property damage insurance, and other
insurance, all as outlined in the General Conditions of the
Contract. The costs of executing the bonds and contract
and insurance, including all notarial fees and expenses, are
to be paid by the Contractor to whom the contract is awarded.
12. Qualification of Bidders: Each bidder must furnish
satisfactory evidence that it has operated or is presently
operating a refuse collection system of a type and extent
comparable to that outlined in these specifications, and that
it has successfully conducted such an operation for a period
cf net less than two (2) years within the last five (5) years
and the bidder riust be able to demonstrate sufficient refuse
collection experience to satisfy the City that the provisions
of the Contract Documents can be fully and satisfactorily
complied with. Further, any bidder shall be required to
-63-
IB-4
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I n s t ructions to Djdders (Continued)
demonstrate to the satisfaction of the City that is has
adequate equipment, financial resources, facilities, experienced
personnel and expertise to perform the services called for
by this Contract and shall furnish such information and/or
proof covering its qualifications, when requested by the City.
Refuse collection operations which have or are now being
operated by the bidder shall be subject to inspection to
determine the bidder's ability to perform satisfactorily
under thn contract. No contract shall be awarded to a
bidder who, as determined by the City, is not qualified to
adequately perform due to an unsatisfactory record, inadequate
experience or who lacks the necessary capital, organization,
or equipment to conduct and complete the services in strict
accordance with the terms and conditions of the contract.
Bids will be considered from only those bidders, that in the
opinion of the City, have a sufficient background of ex-
perience in the refuse collection field and meet the other
requirements called for in the Contract Documents.
13• Duration of Contract: The duration of the proposed
contract shall be irom the date of the Order to Proceed to
the date of the completion of the work as specified in this
proposal for a total of 36 calendar months.
14. Bidder's Affidavits:
(a) Each bidder is required to submit, with his bid,
an affidavit stating that he (they) is (are) the
only person (s) interested in this contract and
that the bid is without collusion. This affidavit
is on a form provided by the City and is attached
hereto.
(b) Each bidder who is a foreign corporation; that is,
a corporation not chartered in Ohio but licensed to
do business in Ohio, is required to submit with his
bid an affidavit duly executed by the President,
Vice President, or General Manager of the Corporation
stating in said affidavit that said foreign cor-
poration has, in accordance with the provisions
of the. Revised Code of the State of Ohio, obtained
a certificate authorizing it to do business in the
State of Ohio. (These certificates or certified
copies of them are obtainable from the office of
the Secretary of State, Columbus, Ohio.)
-64-
113-5
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Instruct ions to Bidders (Contirmedj
15. The City reserves the right to award the contract for
Item 1 - Regular Garbage and Refuse Collection Service only.
16. Check List:
The following check list regarding the submission of bids
is presented to assist the Bidder in the proper execution
of proposal forms, thereby reducing the possibility of
presenting invalid bids:
a. Submit proposal bound in the specifications. Do
not remove any sheets, but submit the entire
bound documents in a sealed envelope.
b. The envelope shall be marked on the outside "Bid
for Collection of Garbage and Refuse," date and
time of bid opening, and name and address of bidder.
c. Indicate what form the security is whether a
bid bond, certified check, or cashier's check
in blank on first page of Proposal.
d. In the Bidding Schedule for Item 1, write in the
first two blanks the total amount bid in dollars
and cents for the total three-year service in
words. Insert in the third blank this amount
in figures. This total amount should be broken
down by years (first, second, and third). These
amounts shouJd be written in words fir s t and
then in figures. Note: The sum of the three
years amount must total the amount first bid
for the entire three-year period.
e. In the Bidding Schedule for Item 2, the blanks
should be filled in with the amount bid for this
service as Item No. 1. However, it is not man-
datory that a bid be made for this item. If bid,
this item may not be awarded by the City. It will
not be awarded unless Item No. 1 is awarded to the
same bidder. If item is not bid, write in the
blanks "No Bid".
f. Fill out "L'pecial Notice" completely and have
affidavit prepared by a Notary Public.
-65-
IB-6
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Inst r uct von 3 to B idde r s _
u. The bid shall be signed in full as required.
"', Certain dat£i shall be £-.ubmitted as part of the
proposal.
a. \ b;il bond, cashier's check, or certified check
in the amount ot $125,000 shall be included as
part of the proposal .
Yo
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PROPOSAL
TO THE CITY OF MIDDLETOWN, OHIO
A. The undersigned, having carefully examined the specifi-
cations and all other provisions of the Contract Documents
for the Collection of Garbage and Refuse, does hereby
propose to furnish garbage and refuse collection service
for the City of Middletown, Ohio and to furnish all
labor, equipment, facilities, superintendence, mechanics,
tools, material, and all utilities, transportation,
and ail other services necessary to perform and complete
all said work and work incidental thereto in a satis-
factory and acceptable manner, in accordance with all
the specifications and provisions of the Contract
Documents, including Addenda and Exhibits, for the
prices set forth in the Bidding Schedule.
The undersigned certifies that they have carefully
examined and inspected field conditions and are familiar
with all local conditions affecting the cost of collection
of refuse for the City of Middletown, Ohio and that they
understand the conditions under which the work is to be
performed, and that they waive all right to plead any
misunderstanding regarding the work required or conditions
peculiar to the same.
B. In submitting this bid, it is understood that the right
is reserved by the City of Middletown, Ohio to reject
any or all bids. The right is further reserved by the
City to award the contract for Item 1 - Regular Garbage
and Refuse Collection Service only. However, the City
will not award the bid for Items 2 unless Item 1 is
awarded to the same bidder. The undersigned proposes
and agrees to execute and deliver the Contract in the
prescribed form within ten (10) days after the award
of the contract by the City and to secure the contract
with the required performance bonds and insurance.
C. Bid bond in the sum of one-hundred twenty-five thousand
dollars ($125,000) in the form of is
submitted herewith, in accordance with the Instructions
to Bidders.
-67-
P-l
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i). Attached hereto is a Non-Collusion Affidavit (Special
llolice) in the proscribed form as proof that the under-
sinned has not colluded with any person in respect
to this Bid or any other bid for -the contract for which
this Did js submitted.
i'. If awarded a contract under this proposal, the undersigned
piuposes to start work within thirty (30) calendar
ciavs after the date of execution of the contract by
foth parties, The undersigned further agrees to start
.,'ork on a date to be specified by the City in a written
c rder to proceed, which date will not be prior to that
established by the calendar days stated above, except
by mutual agreement between the undersigned and the City.
The undersigned understands and agrees that the City
reserves the right to defer the start of work for a
period not to exceed sixty (60) days after the date
of execution of the contract by both parties.
!•'. The undersigned understands and agrees that the work
mentioned in these Contract Documents is subject to
increase and hereby proposes to perform all such work,
in accordance with the provisions covering Annexation
of Territory.
G. The undersigned agrees to purchase from the City, all
refuse collection equipment presently owned by the
City as listed in the schedule of equipment and under
the conditions detailed in the specifications.
-68-
P-2
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-70-
P-4
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The followinq is a listing of work of similar character which
the undersigned has performed during the last five (5) years.
NAME OJ< CITY CONTRACT DATE CONTRACT PRICE
The following is a listing of work of similar character which
the undersigned is now performing:
OF CITY CONTRACT DATE CONTRACT PRICE
-7 1-
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Respectfully submitted,
Signed this day of , 19
(Name of Bidder;
Title
Official Address
(Telephone No,)
Tie ramos of all other persons
i \J crested in this proposal are
as follows:
(Note: Bidders should not add any conditions or qualifying
statements to this Bid as otherwise the bid may be
declared irregular as being not responsive to the
Contract Documents.}
-'id-
P-f>
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SPECIAL NOTICE
THIS AFFIDAVIT IS TO BE FILLED OUT AND EXECUTED BY THE BIDDER.
IF THE BID IS MADE BY A CORPORATION, THEN BY ITS PROPERLY
AUTHORIZED AGENT.
State of Ohio, County oi Butler, SS:
(Name ot Bidder or Bidders)
being duly sworn do depose and say that
(Aifiant or Alliants;
resides at
(Give names oi all persons, firms, or corporations
in the profits
Contract is made
interested in the bid.)
is or are the only person interested with
of the herein contained Contract; that the said
without any connection or interest in the profits thereon with
any other person making any other bid or proposal for said work;
that the said Contract is, on part in all respects
lair, and without collusion or fraud;and also that no member
of the City Commission, head of any department or bureau or
employee therein or any other oflicer of the City ot Middletown,
is directly interested.
..Lscribod and sworn to this
day ot
19
Notury Public
My Co;miusbion Expires:
- 7 3 -
SN-1
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BID BOND
Vvc '-he under signed are held and firmly bound unto the City of
M'ddletown, Ohio, in the sum of One Hundred Twenty-Five
Thousano. Dollars ($125,000), for the payment of which well
o •(" truly to be made, we hereby, jointly and severally,
b no GUI selves, our heirs, executors and administrators,
iirnly by these presents.
Signed and sealed at Middletown, Ohio, this Day of
A.n., 19 .
The; Conditions of this obligation is such that if the proposal
attached hereto is accepted and the contract awarded to the
hp.ck.c-i ,
naned therein, and the said bidder shall, within ten (10) days
a1ter such award is made, enter into a contract in the form
hereto attached, and give bond in the form provided, then this
obligation shall be null and void? otherwise it shall remain
in full force and effect.
N.n.--The above bond must be signed by the principal and
sureties before the bid is offered.
BR-1
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CONTRACT
(Executed in Five Copies)
THIS CONTRACT, made the day of , 19 , by
and between
hereinafter called the "Contractor", and the CITY OF MIDDLETOWN,
OHIO, hereinafter called the "City".
WlfT.ESSETH, That the Contractor and the City for the consideration
stated herein agree as follows:
ARTJCLi: 1 - SCOPE OF WORK
The Contractor shall perform everything required to be per-
formed and shall provide and furnish all the labor, equipment,
facilities, superintendence, mechanics, tools, materials, and
all utility and transportation services and all other services
necessary to perform and complete all work included in this
Contract, all in strict accordance with the Contract Specifi-
cations, including any and all Addenda, and in strict compliance
with the Contractor's Proposal and the Other Sections of the
Contract Documents herein mentioned which are a part of this
Contract, and the Contractor shall do everything required by
this Contract and the other documents constituting a part hereof.
ARTICLE II - THE CONTRACT PRICE
T;;e Citv snail pay to the Contractor for the performance of
this Contract, subject to any additions or deductions provided
therein, in current funds, the contract price shown in the
Proposal and computed as described in the specifications. For
the items to be sold to the Contractor by the City, the
Contractor shall pay to the City the amounts so bid as stated
in the Proposal .
ARTICLE III - COMPONENT PARTS OF THE CONTRACT
This Contract consists of the following component parts, all
of which arc as fully a part of this Contract as if herein
set out verbatim, or if not attached, as if hereto attached:
(1) Addendum Nos . , , , and .
(2) Specifications.
(3) General Conditions of the Contract.
(4) Instructions to Bidders.
(5) Advertisement for Bids.
(6) Contractor "s Proposal.
(7) This Instrument.
(8) Exhibjts.
-7S-
C-l
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Conttact (Continued)
Ii t!i(.> .-vent that any provision in any of the above component
\" it: of this Contract conflicts with any provision in any
01 1 ». !, of the component parts, the provision in the component
,), :t : -i r < t enumerated above shall govern over any other provision
ir, the component past which follows it numerically except as
He y '-.•-: otherwise specifically stated.
T! is Contract is intended to conform in all respects to
a;.p' i;,:-i)ie statutes of the State of Ohio, and if any part or
p )v:LJon of this Contract conflicts therewith, the said statute
•-^•'\l qC'V;n.
'1! "Ji1- in''- '-net Completion
The Contractor agrees to commence work under this Contract on
a date to be specified in a written order from the City, and
to fully complete all work included in this Contract to the
point of final acceptance by the City, The City agrees not
to issue aforesaid written order prior to the time proposed
for star ting work as stated in the proposal except by mutual
ac > toner:t between the Contractor and the City, The City further
at /err.? to issue such written order not later than sixty (GO) days
a:, lor the date of execution of this contract by both parties,
oj ovided that the Contractor has furnished to the City satis-
factory evidence of bond and insurance coverage, and that all
other conditions of the Contract prerequisite to starting work
Ivive been complied with by the Contractor.
li: V,'lT;;i:SS TH^KEOE : The Chairman of the City Commission on
behalf of the City of Middletown, Ohio, and the Contractor,
have executed this contract in Quintuplet, as of the date
first here-in-before written, one part ot which is to remain
v; i-i.ii the Clerk of the City Commission, and one other to be
filed with the Director of Finance, the third and fourth to
be1 delivered to the Contractor and the fifth to be filed with
the Citv Djiectci oi Public Utilities.
Signed in the Presence of: THE CITY OF MIDDLETOWN, OHIO
By •
Chairman of the City Commission
Attest
Clerk
Contrac tor
BY
Name
• 76-
Title
C-2
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CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE, THE UNDERSIGNED,
as principal and
as surety, die hereby held ana iirmly bound unto the City ol
Middietown, Ohio, in the penal sum of Two Handled Fifty Thousand
Do .11 art,, i$2bO , 000 . OU) , lor the payment of which well and
truly to be mdde, v:c hereby jointly and severally bind our-
selves, our heiii, executors, administrators, successors and
assigns by these presents.
THE CONDITIONS Ol- THESE OBLIGATIONS ARE SUCH, THAT WHEREAS, THE
above named principal did, on the day of A.D., 19_
enter into the contract hereto attached with said City of
Midciietown, Ohio, which said contract is made a part of this
bond the same as if fully set forth herein.
Nov.-, it the said party of the first part in the aforesaid
contract, shall well and truly execute all and singular the
stipulations by it to be executed, and shall fully perform
the work therein specified and do and perform all and singular
tr.e term:-, conditions, requirements of the plans, specifi-
cations and contract, and shall indemnify and save harmless
the City of Middietown, Ohio, from all suits and actions of
every n^me and desciiption brought against the said City, its
Directors or any Officer of said City, for, or on account of
any injury or damage to persons or property arising from or
grcwin:j out ot the work in said contract specified to be done,
or the doing ol any of the work therein described, and shall
indemnny and save harmless the City of Middietown, Ohio from
any and all suits and expense over and above the expense in-
cluded in the contract price, tor royalties or infringements
on patents that may be involved in the construction of the
appliances contracted for, 01 any ot the parts thereof, or
in the use of said appliances, or any of the parts thereol
hereafter and 11 said party of the second part shall defend,
at itL pioper cost and expense, any and all suits, actions of
every kind whatsoever that may be brought against the City of
Middle-town, Ohio, by reason ot the use of said appliance or
any ol the parts thereoi, and further shall indemnity and save
harmless the said City of Middietown, Ohio, from all liens,
chatgos, claims, demands, loss, costs, and damages of every
kind and natuie whatsoever and shall pay all lawful claims of
sub-contractors, material, men, and laborers for labor per-
-77-
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1 J-'iil1^ ; Ccvril imu;d_)_
,,itd lot nuiteiidls furnished in the carrying forward,
i.'i ) or completing of said contract, then this obligation
bo void, otherwise, shall be and remain in full force
/ >tue Lii liiw; we hereby agreeing and consenting that this
-i.aJ ..,; s'j.iii be tor the benefit ot any laborer or
. n1., man having a just claim as aforesaid and for the
Cit" of Middletown, Ohio, and further said surety, for
.' received, hereby stipulates and agrees that the parties
LOJ egoing contract ma^ , from time to time, and as
j uhoy see Jit, make any additions, omissions from or
."c •_; • icr ions 01 the work, plan.s, or specifications and the
->--; i . :-':.-•-1 •.' herein stipulates and agrees that no modifications,
jmi'_, ^ ions, cu additions in or to the terms of the said
con; >act on an ot to the plans or specif ications therefore,
sliaji in
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CERTIFICATE OF FISCAL OFFICER
\H Fiscal Officer tor the City of Middletown, Ohio, I
hereby certify chat funds in the amount of $____
for the first fiscal years service have been lawfully appro-
priait_-d for the purpose of meeting the obligations of the
foregoing contract, and are in the treasury or in the process
of collection to the credit of the Fund,
free fiom any previous encumbrances.
Signed this day of , 19
Fiscal Officer of the City of Middletown, Ohio
CERTIFICATE OF LEGAL OFFICER
1 hereby approve of the form and legality of the within
Contract and Bond, this day of , 19 .
DTFecJloiT bt~Law of the City of "Middletown^ Ohio
Note: SirniJai certificates will be furnished to the Contractor
ior euch fiscal year of the contract.
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GENERAL CONDITIONS
1. ^fcjLJ Q-L1-^^'-: •' "Surety" : The person, firm, or corporation that has
executed as Surety the Contractor's Performance and
Payment Bond, securing the performance of the within
contract .
i. ^D u i L ding R u b b i s h " : Buildi ig rubbish shall mean
rubbish trom construction, remodeling, demolition,
maintenance, and repair operations on residential,
commercial, industrial, and other structures, in-
cluding, but not limited to excavated earth, sod,
trees, stumps, shrubs, brush, stones, brick, plaster,
lumber, rubble, concrete, roofing, and such other
debris that results from such work.
g. "Gai bage " : Garbage rs the organic waste of animal,
fish, iruit, cr vegetable matter arising from or
attendant to the storage, dealing in, preparation,
or cooking of food tor human consumption, from houses,
kitchens, hoteJs, restaurants, markets, and commission
houses .
-bO-
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Gene ra Conditions (Continued;
h. "Rubbish" : Rubbish is household, commercial, and
institutional combustible and non-combustible solid
waste material including, but not limited to, paper,
textiles, glass, metal, ashes, grass, hedge, and tree
trimmings .
i. "Gar bdge_and Refuse Co L lection Service" means the
col led ion of garbaye and rubbish from all resi-
dential, institutional, and commercial premises
at a frequency of once a week and removing this
material to a disposal site designated by the City.
2 . Contract Security - Performance and Payment Bond; To secure
the full and faithtui per rormance of each and all Eerms and
conditions of this contract, the Contractor shall furnish a bond
in a sum of $250,000. The performance and payment bond shall
be in the form prepared by the City and supplied with the contract
documents, and shall in whole or in part indemnify the City
against any loss resulting from any failure of performance by
the Contractor . The performance bond shall contain a separate
binding provision that the Surety will guarantee the payment
of all persons performing labor and furnishing materials, equip-
ment, services and other items in connection with this contract.
Agents of bonding companies which write bond for the performance
of the contract shall furnish power of attorney, bearing the
seal of the company, evidencing such agents' authority to execute
the particular type of bond to be furnished. A copy of this
proof shall be attached to each signed copy of the contract,
In the event ot failure of the surety or co-surety or if, at
any time such is declared unsatisfactory by the City, the
Contractor shall immediately furnish a new bond, and as re-
quired herein.
3. Social Security Act; The Contractor shall be and remain
an independent contractor with respect to all services performed
hereurider and agrees to and does hereby accept full and exclusive
liability for the payment of any and all contributions or taxes
for social security, unemployment insurance, or old age retirement
benefits, pensions, or annuities now or hereafter imposed under
any state or Federal law which are measured by the wages,
salaries, or other remuneration paid to persons employed by
the Contractor on work performed under the terms of this contract,
and further agrees to obey all lawful rules and regulations
and to meet all -lawful requirements which are now or hereafter
may be issued or promulgated under said respective laws by
-81-
GC-2
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Conditions (Continued)
and du'y authorized state or Federal officials; and said
Contractor also agrees to indemnify and save harmless the City
of Middietown, Ohio, from any such contributions or taxes or
1 1 a b i 1 i t y the r o f o r .
4. Ass ignment : Neither this contract nor any part thereof,
nor an . funds to be received thereunder by the Contractor,
shall ' ",ot sublet any part of this work except by permission
of the City and under conditions as may be imposed by the City
5, l)et£Li.L5-: ^^G Contractor shall take out all necessary
permits from municipal or other public authorities, and shall
give aJ i notices required by law or municipal ordinance. The
charge for any permit issued by the City of Middletown will be
assumed by the City, but any other fees shall be borne by the
Contractor .
6> Contractor's Insurance: The Contractor shall not commence
work under this contract until he has obtained all insurance
required under this paragraph. The policies shall also protect
the City, its officers, agents, and employees as additional
insured, and shall be in a form approved by the Director of.
Lav;. Certified copies of the insurance policies, fully
executed by officers of the insurance company, shall be filed
with the Director of Finance. The Contractor may also be
requjrod to submit the original insurance policies for inspection
and approval of the City before work is commenced. Said policies
shall not thereafter be canceled, permitted to expire, or be
changed without thirty (30) days notice in advance to the City
and the policies shall so provide. The Contractor shall pro-
vide hhe following insurance:
a. Compensation Insurance: Before any work is commenced,
the Contractor shall t'ake out and maintain during
the life of this contract, Workmen's Compensation
Insurance for all of his employees in accordance
with the laws of the State of Ohio. In case any
work is sublet, the Contractor shall require the
Sub-Contractor similarly to provide Workmen's
Compensation Insurance for all of the latter 's
employees, unless such employees are covered by the
protection afforded by the Contractor. In case
any class of employees engaged in work under this
contract is not protected under the Workmen's
Compensation Statute, the Contractor shall provide
such insurance for any such employees, and shall
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GC-3
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Genera] Condjtions (Continued)
provide or cause each Sub-Contractor to provide,
Employer's Liability Insurance for the protection
of his employees not protected by the Workmen's
Compensation Statute.
b. Public Liability and Property Damage Insurance: The
Contractor shall take out and maintain during the life
of this contract Comprehensive Public Liability and
Property Damage Insurance to protect him, the City and
any Sub-Contractor during the performance of any
work covered by this contract from claims or damages
tor bodily injury, including accidental death, as
well as lot claims for property damages, which may
arise from operations under this contract, whether
such operations be by himself or by any Sub-Contractor,
or by anyone directly or indirectly employed by
either of them, or in such a manner as to impose
liability on the City. Each insurance policy shall
name the City as Insured along with the Contractor.
The amount of coverage shall not be less than $250,000
for injuries, including accidental death to any one
person and not less than $500,000 for each occurrence
and Property Damage Liability in an amount not less
than $100,000 for each occurrence.
c. Automobile Liability and Property Damage Insurance: The
Contractor shall take out and maintain during the life
of this contract Automobile Liability and Property
Damage Insurance, under a comprehensive form, to pro-
tect him, the City, and any Sub-Contractor during
the performance of any work covered by this contract
from claims or damages for bodily injury, including
accidental death, as well as for claims for property
damages, which may arise from operations under this
contract, whether such operations be by himself
or by any Sub-Contractor, or by anyone directly or
indirectly employed by either of them, or in such a
manner as to impose liability on the City. Each
insurance policy shall name the City as Insured
along with the Contractor. The amount of coverage
shall not be less than $250,000 for injuries, in-
cluding accidental death to any one person and not
less than $500,000 for each occurrence and Property
Damage Liability in an amount not less than $100,000
for each occurrence for all motor vehicles engaged
in any and all operations performed, directly or
indirectly, under the terms of this contract.
-83-
GC-4
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General Condition:;. (Con t. i.nued)
OWITC i _* s _Protec L i ve Li ahi 11 ty Insurance ; The Contractor
s~halT take out aruf main tain during the life of this
contract an Owner's Protective Liability Insurance
''ol icy in the name or the City, with limits not
ieG& than $250,000 for injuries, including accidental
death to any one person and not less than $50,000
cor each occurrence and Property Damage Liability in
an amount not less than $100,000 for each occurrence.
"'he policy shall protect the City from any claims
or damages which way arise out of or result from the
performance of any work or from any operations, either
directly or indirectly, under this contract.
e- Fi£u 1ns uranee : The Contractor shall take out and
maintain a fire and extended coverage insurance
policy protecting the Contractor and the City for all
real and personal property used in the performance
of this contract in an amount that is at least equal
to the market value of all such property.
^* oub-Contractor ' s Insurance: The Contractor shall re-
quTi e subcontractors , it any, not protected under
the Contractor's insurance policies to take out and
maintain insurance of the same nature and kind and
in the same amounts as required of the Contractor by
the contract documents.
7. ^° t mix i_o_n_of_J^ot_i_ce: Where in any Section of the contract
docuFr::. i b "hero is any provision in respect to the giving of
any jv'iice, such notice shall be deemed to have been given (as
to the City) when written notice shall be delivered to the City
Manager of the City, or shall have been placed in the United
States mails, addressed to the place where the bids for the
Contract were opened; (as to the Contractor) when a written
notice shall be delivered to the local managing agent of the
Coni.jH.ctor at their local oifice, or when such written notice
shall hjve been ojaced in the United States mails, addressed
to the Contractor at then local office; (as to the Surety)
on the Per icrnicince and Payment Bond when a written notice is
placed in the United States mails, addressed to the Surety
at the hone office of such Surety.
8- Intent of Contract Documents: The intention of the contract
docuirieliTs Ts~to iiicludeTn the contract price the cost of
all labor and materials, fuel, tools, facilities, plants,
equipment, transportation, and all other expenses as may be
necessary lor the proper execution and completion of the work
included in the contract.
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General Conditions (Continued)
9- CompJiuncc with Laws - Permits: The Contractor shall procure
and pay toi all pejmits, licenses, and bonds necessary for
the conduct and conpletion of the work and/or required by
Municipal, State and Federal Regulations and Laws unless
specif.ically provided otherwise in the Contract Documents.
The Contiactoi shall give all notices, pay all fees, and
comply with all Federal, State and Municipal Laws, ordinances,
rules, and regulations bearing on the conduct and completion
of the work. This contract, as to all matters not particularly
referred to and defined therein, shall notwithstanding be
subject to the provisions of all pertinent state statutes
and ordinances of the municipality, which ordinances are
hereby made a part hereof with the same force and effect as
if specifically set out herein.
10. Assignment of Contract: No assignment by the Contractor
of the contract, or any part thereof, or of the funds to be
received thereunder by the Contractor, will be recognized
unless such assignment has had the written approval of the
City and the Surety has been given due notice of such assign-
ment and has furnished written consent thereto. Such written
approval by the City shall not relieve the Contractor of the
obligations incurred by him under the terms of this contract,
In addition to the usual recitals in assignment contracts,
the following language must be set forth:
"It is agreed that the funds to be paid to the assignee
under this assignment are subjected to a prior lien for
services rendered or materials and equipment supplied
for the performance of the work called for in said
contract in favor of any persons, firms or corporations
rendering such services or supplying such materials."
11. Superintendence: The Contractor shall give his personal
super in tenueHee~"t6The work or have assigned at all times a
competent supervisor or other representative satisfactory to
the City and having authority to act for the Contractor.
12. Employees: All of the Contractor's employees shall be
corr.pf-tent and able to perform the duties assigned to them for
an v/Oik covered by this contract. The Contractor must employ
only neat, orderly, courteous, sober, competent and efficient
employees and shall immediately remove any employee who refuses
or neglects to obey or carry out any of its or the City's
instructions and such person shall not again be employed on
the work covered by this contract. The Contractor shall
-85-
GC-6
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O •( c •! it us (Cunt inucid)
pjoijjl ' and :-! a ' 1 use -t:1, best effort to prevent the drinking
oi u ' c "V 1.1 .1 r J ovoiac't ', by its employees whale on duty or in
the cciv.se oi po.iioir.imj thcJ r duties under this contract.
1 '; . r< v HC r! 5,. j'aynont b to tho Contiactor will be made
!v ;<*}..; oJ t tu we.ik poi'ormed at the rate ot one-twelfth
o] ilc r e.'.pfc t ;.ve year's bid price for Item No. 1
The: Corn.) c'ct.oj shall submit one invoice per month
fity not, covered specifically in other parts
ol ciljr, Co.it..1:,tot, the City may serve written notice upon the
Contr<(Otoi and t'ie Surety of its intention to terminate this
ContJact, s ion not ce to contain the reasons tor such intention
'o i_i5 jiinate thir, ccnitract, and unless within ten (10) days
:h notice upon the Contractor such
•,'ioia'. ion sjia.. ct-iso a.id satisfactory arrangements for correction
ii.? n ido, ,aie City nay, at its option, cease arid terminate
•.he Co )':>:.so', on a date solely determined by the City. In the
•r'em OL an' .;uch termination the City shall immediately
servo -KJL.co 'Jiei.eof upon the Surety and the Contractor, and
th'i S.i "oty shu.L.1 have tne right to take over and perform the
Contra ;t; p ov nlod, ho\/ever, that if the Surety does not
con1: in le po r f oj. muiico thereof, the City may take over the
woi'/. d'ld cond jet the same to completion by contract or force
account fo-: th
-------
Gen or a 1 Cond i_t _icm s_ (Continued)
or repair of any public building or public work an the
State of Ohio, shall contain provisions by which the
Contractoi agrees:
a. That in the hiring ol employees for the performance
of the work under this contract or any sub-contract
hereunder, no Contractor or Sub-Contractor, nor
any person acting on behali of such Contractor, or
Sub-Contractor, shall by reason of race, creed, or
color discriminate against any citizen of the State
of Ohio, in the employment of labor or workers,
who are qualified and available to perform the work
to which the employment relates.
b. That no Contractor, Sub-Contractor, nor any persons
on his behalf, shall in any manner discriminate
against or intimidate any employee hired for the
periormance of work under this contract on account
of race, creed, or color.
Be it further provided as a penalty for any breach of
said provisions against discrimination:
a. That there shall be deducted from the amount
payable to the Contractor by the State of Ohio
or by any village, township, county, or municipal
corporation thereof, under this contract, a penalty
of twenty-five dollars ($25.00) for each person who
is discriminated against or intimidated in violation
of the provisions of this contract.
b. And that the contract shall be canceled or terminated
by the State of Ohio or by any village, township,
county, or municipal corporation thereof, and all
money due hereunder may be forfeited for a second
or any subsequent violation of the terms or conditions
of this Section of the contract.
1^' Cha_nge in Ownership: The City is entering into this
contract in reliance upon the particular abilities of the
Contractor under its present ownership and direction. In the
event that there is any change in majority control or that
ten (10) percent or more of the voting stock of the Contractor's
corporation is sold, transferred, assigned, pledged, or other-
wise passes into the control of any party or parties other than
the present stockholders, the City shall have the right to
terminate this agreement at any time thereafter, upon not
less than sixty (GO) days written notice to the Contractor.
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GC-!
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Conditions (Continued;
"; • HoJd Ha) miens Clause: The Contractor shall indemnify
i nd save halmTc.ss the City, its officers, employees, and agents
ton all claims, suits or actions of every kind and character
i ,ado upon or brought against the said City, its officers,
<"i\p]oyees and agents, for or on account of any injuries or
damages reco.'ved or sustained by any party or parties by or
. rom the acts of. the said Contractor or its servants, agents,
and Sub-Cent) actor s, in doing the work anil rendering the
,' erviees heroin contracted for, or by or in consequence of
t.ny negligence in operations or any improper material or equip-
ment used, or by or on account of any act or omission of said
Contractor of his or its servants, agents, and sub-contractors;
or on account oi or in consequence of the performance of this
contract, whether or not such injuries to persons or damage to
the property are due or claimed to be due to any negligence
of the Contractor, his employees, his agents or servants; and
i^lso from all claims of damage for infringement of any patent
an fulfilling this contract. This indemnity shall include
£< r.torr.ey' s fees and costs and all other expenses incurred in
the defense of any suit.
-8H-
GC-9
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SPECIFICATIONS
1. Scope ot Contract: The Contractor shall collect and re-
move gamboge and reiuse from residences, dwelling units,
institutions, and commercial establishments within the cor-
porate limits of the City, in full accordance with these
specifications and contract documents. The Advertisement
to Bidders, Instructions to Bidders, Proposal, General
Conditions, and these Specifications, the Performance Bond,
Exhibits, and all ordinances of the City relating to said
work are a part of this contract by reference.
2- Ordinances: The sections, provisions, and regulations of
City Ordinances, and any revisions or amendments thereto in
force as of this date governing garbage and refuse storage,
collection and disposal shall be and are hereby made a part
of this contract by reference. Special attention is called
to the provisions regulating the storage of garbage and
refuse and the setting out of containers for collection
by householders as they affect the Contractor in the per-
formance of the work.
It is anticipated that the ordinance regulating private
collection of rubbish will be amended to permit collection of
both garbage and rubbish from institutional, multi-family dwelling
units and commercial establishments by private collectors.
The C_on_ii actor will be required to service commercial and
institutional establishments as part ot this contract on a
once a weeh pickup and of an amount of 40 gallons service.
Commercial establishments wishing additional service may
contract either with the City Contractor for service or with
other licensed collectors. Rates will be as negotiated be-
tween the Collector and the commercial establishment.
^' City's Authorized Representatives: Where reference is
made to the Director of Public Utilities or the City Manager
as the City's authorized representative, it shall also in-
clude his authorized representatives and agents.
4 . Frequency and Extent ot Regular Garbage and Refuse Collection
S ervic e : The Contractor shall collect and remove all garbage
and refuse from all residences, dwelling units, institutional
and commercial establishments of the City one (1) time each
week as specified by contract documents and ordinances of the City
The Contractoi will not be required, under this contract, to
collect or remove any building rubbish, construction, or
demolition wastes.
-89-
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Spec jfic.it ion s ( Co ri L. j. n ue d)
JCach occupant o; i osidenu la 1 premises is entitled to un-
-L united amount oi .-..or vice [or removal of gar bage or rubbish,
at a frequency o' once a w-ok; provided that all material
in excess of. ti.'o con', line i~s oi a maximum oi thirty gallons
each shaLi be placed by the occupant at the curb line where
street col ieo ti-j-is at',- made-, or at the alley line where
a] ley collections a>e made.
'iach occupam o'. ropvierc i ,al or institutional premises is
entitled to a 1 united amount of service under the provisions
of this con tract as follows: Once a week collection of a
laaxiran o; v-;o cans or containers with a maximum of twenty
qalions each.
No collection service is to be made under this contract, for
industries Of nanu£aotu> inn concerns.
The containers will be accessible to the collector outside
of. all buildings and structures. The Contractor shall not
permit his personnel to enter any building for the purpose
of removing containers of garbage and refuse.
Where premises are served trom the street, containers will
be located not 1'urther front the street than the rear line
of garage, dwelJing, or building, whichever is the greater.
\'lheie alley collection is made, containers will be located
near to the alley, bur. not within the tiaftje limits of the
alley .
Jn case of com i ovoi r.y as to the proper location of the
containers, set vice- shall be provided and the matter referred
to the City for a decision. In general, the wishes of the
resident wil.l govern un.'ess the request is at great variance
with these roquj renients .
Private driveways, except multi-family units, shall not be
used by colJection vehicles.
All collections shall be made as quietly as possible and
all vehicles shall have properly maintained mufflers,
Contiactoi's employees shdil wear clean clothing of a uniform
type and color. Each employee shall be furnished with a
numbered badge which shall be worn on the outer layer of
his clothes. The contractor shall require his employees
to be courteous <.,.(. ail times, and not to use loud or pro-
fane 1 anguctyc; .
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Spec ] f ica tj_on s 'Continued]
The Contractor's employees shall follow the regular walks
for pedestrians v-v'hile on private property and shall not
trespass or loiter on private property, nor cross property
to adjoining premises. Service shall not be interrupted nor
discontinued when streets or alleys are closed to travel by
vehicles because of road or utility construction.
Where any dispute arises between a resident and a collector
as to the manner of placing refuse, nature of contents,
container size, or type; or similar problems, the refuse shall
be irranediately removed even though there exists some valid
reason for not removing it (unless a dangerous situation
would develop by such act). The Contractor shall promptly
report the incident to the Director of Public Utilities who
shall investigate the matter to resolve the problem. It is
the intent o£ this section to avoid disputes or disagreements
betv;e.en residents and collector's employees.
5. Special Col lection Ser vice: The Contractor may furnish
a specialcollection service in the City to collect and remove
aJ1 large, bulky items that are not collected in the regular
refuse collection service. These shall consist of items such
as refrigerators, stoves, washing machines, dryers, freezers,
hot v;ater heaters, beds, springs and mattresses, sofas, over-
stuifed furniture, swing sets, large carpets, other discarded
household furniture, furnishings, fixtures, and appliances.
All residents of the City desiring to use this service must
notify the Contractor by letter or telephone.
The cost of such service shall not be included by the Contractor
in the price bid for regular refuse collection service. The
persons requesting such service shall pay a fee directly to
the Contractor.
The Contractor may establish a schedule for this special
collection service and shall be responsible to adequately
inform all residents in the City of Middletown of such schedule.
6. Commer c_ial Col lection: The Contractor may furnish special
colleTTtTon s^TvTce in the City for commercial establishments,
institutions, multi-family dwelling units, or industries,
and other similar firms requiring more service or frequency
than iurnished by this contract. The cost of such service
in excess of that stated shall be a matter of private negotia-
tion between the Contractor and the person requesting such
service. The City encourages the establishment of such service
to take over the present commercial accounts the City is now
servicing. The Contractor will not have an exclusive right
to provide these services, as the City permits private haulers
S-3
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ca
io oporato. The Contractor is subject to such laws and rules
.including licensing of vehicles for Commercial service (see
: cot ion 327.12 Codified Ordinance attached;.
/. Containers: Refuse containers may be metal, rubber, or
I lastic, '..'ater-ti jht containers, not to exceed thirty gallons
of capacity. Dis-oosable pol/ethylene or paper bags designed
i'O be us>~d as containers for garbage or rubbish may be used.
J-'illf.'d br.q.^ ire to be sealed or closed at the top. Metal
tubs or disoosable boxes may be used as containers for ashes,
'•ard clippings, or paper. No separation of garbage and rubbish
.into different containers is required.
1'rush, hedge and tree trimmings, cardboard,, paper, wood, etc.
ray be tied in a bundle. The bundle shall be securely tied
and shall not exceed three (3) feet in length, two (2) feet
i-i diameter, nor weigh more than fifty (50) pounds.
The contractor shall exercise due care and reason at all
time? in the handling of containers and lids, and to re-
place containers and lids.
-• ^?J2e^iy-el: ^xhib?.t A consists of a map showing each
collection district and its scheduled day of collection.
1 ie Contractor may revise the districts and the schedule as
its operations necessitate; however, ail such revisions shall
rave the prior approval of the Director of Public Utilities.
It shall be the responsibility of the Contractor to adequately
inform all householders and commercial operators that are affected
ry such a change. The approved schedule shall be strictly ad-
h3red to by the Contractor.
Garbage
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Specif icoI: ions (Continued)
P "3f, °, 3 n'^ 11 v r> s y~e ^ so'"i.'iV*: l v "^o^r> * b J e ^"^ 1 ^'"nii '^ -
r1 '7 f->-; i i t-: o" •iso'-] bv the Contractor shall be subject
.-'Action for adequacy,' sanitation, s-ifetv and appearance,
ub j'-'c-t to approval or rejection by the Public Utilities
Director, at any time. Rejected equipment and facilities will
be replaced by the Contractor as soon as reasonably possible.
All garbage and refuse must be collected and transported by
the Contractor in a neat and sanitary manner and so as not to
bo or become a nuisance.
The Contractor shall use extreme care to pick up any spillage
when transferring garbage and refuse from containers into the
Contractor's containers or equipment and transporting it to
the Disposal Site. Any spillage shall be immediately cleaned
up, including any debris blown or scattered as a result of
the spillage. Each truck shall be equipped with hand tools
for cloanina up .spillage. The Contractor shall report vio~
lations of Citv ordinances and unsanitary conditions to the
City for investigation and correction.
Loaded collection vehicles are not to be left parked on streets
overnight. In the event that disposal site access cannot be
obtained after regular hours, the vehicle shall be parked in
the contractor's yard until the next morning when it shall be
unloaded before resuming the collection route.
12. Complaints: All complaints shall be investigated, given
prompt and courteous attention and shall be resolved by the
Contractor in a reasonable and just manner. When so requested
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S n e c i fi c a t .1 o• nj; _ (C g n t i n u e d)
by the City, the contractor shall submit a written report to
t.ho Cjty or any specific or general complaint. On alledged
i.issed scheduled collections, the Contractor shall investigate,
i,nc if such allegations ate verified, shall arrange for the
coJlection of the refuse within twenty-four (24) hours after
the complaint is received.
3, Guarantee of" Cent mucus Service: As further security for
;;ho guaranteed per f c rmance of the work covered by this contract
<-.nd in or do. to essure the City continued refuse collection
,tnd removal service, it is provided that in the event the
•.'ontractcr shall tail to collect and remove the refuse required
uithin these specifications for any one week, the City may
then, upjn resolution by the City Commission, take possession
(if all the Contractor's equipment, vehicles, and facilities,
and employ such rr.ears as it may deem advisable and appropriate
t.o continue work; end the cost of labor, materials, services,
oquipment c-nd other iterrs necessary for such work shall be
paid by the City cit cf any money then due or to become due
:ho Contractor urcer and by virtue of the contract for the work
and services here-ir specified.
Should the City's cc£t fcr continuing the operation exceed the
mount due the Ccr.tr actor, then the City shall collect the amount
due, cither from tre Cortrectcr or Surety, or both, and also to
assert a 1jen on £J1 properties of the Contractor, which lien
•results from exec i tier cf the Contract with the City.
All vehicles and etiipmert rsed in the performance of this
contract £,11,311 J:c- c v r e c. t\ the Contractor, provided any conditional
Bales ccitjact, ncotc^ce cr other contractual arrangements for
tinancirc the purcrc-te ci equipment and vehicles shall provide
chat in eve/it of c.e J c i J t cr breach of the contract or of such
"ondi tier c 1 salej, cc>rtrcct, mortgage or other contractual arrange-
:nent, the j)osses & i or, enc i,£e' cf such vehicles, equipment and
facilities jray bf 1 c > e n r^ the' City for the unexpired term of
the com i £•,<.: t ,
The C'onti£c:tor she..., rot tia.ns.fer, sell, assign, lease, surrender,
abanoon or permit 10 1 cips o. it£; title or right of possession in
and to cr\ real or per sor.cJ. property used by it in the performance
of the corn.ract v,oii.c>i>t t.b.e: ccaisent of the City, evidenced by
a letter o'. conseni. s.icjr.eid by the City. Any attempt to transfer,
sell, a£,5.:.fjr., lc
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Specif_icat ions (ContinuedJ
In the event that is shall become impossible or unlawful for
the Contractor ox the City to continue the performance of the
contract by reason of an act of God, an act of the Ohio
Legislature hereinafter passed, or by act of the City Commission,
or by reason ol a change in the Charter of the City of Middle-
town, or by reason 01 a final order by a court of record in
pioceedirigs ndt 'instituted by or induced or acquiesced in by
the Contracted or the City, directly or indirectly, and not
due to an>/ act'or negligence upon the part of the Contractor,
the Contractor or the City shall not be liable for damages
for consequences arising solely out of such circumstances.
The Contract shall bind the successors and assigns of the
Contractor, but the contract may not be assigned or sublet
in whole or!in part without the consent of the City.
14. Data' to be'Tuinished: - , ,
a. Before starting,work, the .Contractor shall furnish
to the City a list of all vehicles, equipment and
facilities that will be utilized in the work covered
by this contract. The list shall contain sufficient
data 'on each item or piece of equipment to adequately
and 'fully describe it. .It will be the responsibility
ol the Contractor to keep this list current and up-to-
date during the term of this contract.
' • i i ( ' '
b. The Contractor shall furnish such data to the City
that is or may be needed to administer and enforce
its ordinances, rules, regulations, service charges
and policies and shall cooperate with and aid the
City in such matters.
15. Con tract or ^s^Agen t; Throughout the term of this contract,
the Contractor shall maintain a local office and an authorized
managing agent within the City, and shall designate in writing
to the Public Utilities Director the name of such agent upon
whoin ail notices may be served from the City, or its Public
Utilities Director. Service of such notice upon the Contractor's
agent shall constitute service upon the contractor.
^- Q.jL-f ^g.: Tne Contractor shall maintain at its local office
an attendant to answer telephone calls throughout the day, be-
tween the hours or 8:00 A.M. and 5:00 P.M., Monday through Friday
This attendant shall receive calls from all persons in the City
in a courteous and polite manner and shall resolve all complaints
in an expeditious manner. The office shall be furnished with
telephone service with a local number.
-95-
S-?
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Spool i.jcdt ions (Continued)
17• Fac) l it ion : The Contractor shall provide or make provision
for garlics, shops, and yards for his equipment, adequate and
sufficient to provide all-weather year around operation. Adverse
weather, extreme cold temperatures and snow shall not be
considered sufficient reason for not collecting refuse as
scheduled. The Contractor's yards shall include adequate wash
racks with water and sewer provisions for the purpose of flushing
and cleaning the equipment used for collection of refuse.
Collection vehicles shall be parked in suitable off-street
parking areas when not in use.
18- Vehicles: All vehicles used for the collection and trans-
por tat iorT~oT~~ref use within the City limits shall be of sufficient
size and capacity to operate properly and efficiently. A sufficien1
number of vehicles shall be supplied by the Contractor to collect
the refuse in accordance with the terms of this contract, and
such sufficiency shall be determined by the Public Utilities
Director. The vehicles shall be licensed locally from an address
within the City. At least one standby vehicle shall be available
for use in case of vehicle breakdown.
The Public Utilities Director shall have the power at any time,
subject to the approval of the City Manager, to order the con-
tractor to increase the number of vehicles, if in his judgment
such an increase is necessary for the fulfillment of the contract.
If, upon receipt of such order, the Contractor fails to comply
with such order within sixty (60) days, such failure shall
constitute a breach of this contract.
Bodies for the trucks to be used in this contract shall be en-
closed Packer Type with a capacity of not less than twelve (12)
cubic yards by actual measurement. Other equipment may be used
only with the written approval of the City. The bodies shall
be v?atertight, readily cleanable and sanitary, and capable of
being unloaded by dumping or automatic push-out means. The
equipment shall be essentially a standard product of a reputable
manufacturer, so that continuing service and delivery of spare
parts may be assured. The component parts of the unit need
not be a product of the same manufacturer. The body shall be
so mounted that when fully loaded, the axle loading shall fall
within the maximum load limit per axle as prescribed by state
law. The Contractor will be permitted to use auxiliary loading
equipment and self-loading bodies.
The Contractor shall display the name of the company, the address
of the local office, and the telephone number on each vehicle
along with the- vehicle number. Numbers of the vehicle shall
progress from one (1) upward. Letters with the Contractor's
S-8
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Spec\ LiraLions (Continued)
namo, address, and phone number shall be at least four (4) inches
high. The vehicle? number shall be at least six (6) inches high.
The word "Citv" and "Middletown" shall not be displayed on the
vehicle. All equipment used for the collection or hauling ot
refuse shall ]>e thoroughly cleaned both inside and outside, as
needed, but at least once each week and sprayed with such deodor-
izing material when needed as may be deemed proper by the Public
Utilities Director. Steam cleaning shall be used when necessary
to maintain clean-appearing vehicles.
The Contractor may make private collections within the City with
the same vehicles being used for City Contract Collections.
19. Disposal: All refuse collected under these specifications
shall be disposed of at a Refuse Disposal Site to be provided
by or in behalf of the City without charge to the Contractor.
Material from without the City shall not be hauled by this
Contractor to the Disposal Site. Note: City ordinance does
not permit the disposal of material at the landfill from out-
side the City, No salvaging of material is to be done. Material
collected from commercial or industrial accounts will be charged
by the City for disposal.
20. Annexatjon: It shall be the duty of the Contractor to
anticipate the future growth of the City and to have the necessary
increased facilities ready for use, when needed. The City will
provide information and maps of the areas being annexed.
In the event the City extends its corporate boundaries during
the life of the contract, the Contractor shall start collection
services on the first regularly scheduled day in the newly
annexed areas. The Contractor will be compensated for this
additional service as stated in Basis of Compensation.
21. Purchase of City Equipment; The Contractor shall purchase
from the City all refuse collection equipment presently owned
by the City as follows:
a. Approximately 290 each 1 cubic yard containers.
b. Approximately 5 each 5 cubic yard containers.
TRUCK BODY
TRUCK NO. YEAR AND MAKE SER. NO. SIZE-MAKE-YEAR
c. 76 1968 CMC Diesel 52593 17CY-Leach-1962
d. 77 1968 CMC Diesel 52615 17CY-Leach-1962
e. 78 1972 Int. Diesel 077109 20CY-Leach-1972
-97-
S-9
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Spcc i f .i-cations (Con11 nue«'l)
TRUCK BODY
TRUCK NO. YEAR AND MAKE SER. NO. SIZE-MAKE-YEAR
f. 79 1968 CMC Diesel D063920 25CY-Leach-1968
Tandem
g. 80 1968 CMC Diesel 52580 17CY-Leach-1963
h. 83 1968 CMC Diesel 52567 17CY-Leach-1962
i. 84 1972 Int. Diesel 077127 20CY-Leach-1972
D. 101 1967 CMC Gasoline 5774G 17CY-Leach-1967
k. 109 1972 Int. Diesel 077055 20CY-Leach-1972
1. 110 1972 Int. Diesel 077188 20CY-Leach-1972
The purchase price payable by the Contractor to the City
shall be the fair market value of such equipment at the time
ot the purchase as determined by the average valuation of
three qualified appraisers, one to be selected by the City,
one to be selected by the Contractor, and a third to be
chosen by the fust two, each party to pay the cost of the
appraiser selected by it and to share the cost of the third
appraiser. No appraiser shall be a regular employee of either
party. The purchase price so determined shall be paid by the
Contractor either in cash, at the option of the Contractor,
or to have the service charges applied to the purchase price
of the equipment.
Should the Contractor elect to defer the payment for
the trucks and equipment and permit the service charges to
apply to the cost of the equipment; the City will not charge
any interest on the balance due. However, the title will
not pass from the City to the Contractor until the service
charge is at least equal to the value of one or more of the
units. The City will determine the sequence of transfer of
title of the trucks. No cash payment for service will be
made by the City to the Contractor until the trucks and equip-
ment is fully paid. The Contractor shall carry liability and
collision insurance on trucks in the amounts required by the
City until title passes to the Contractor. Other provisions
of these specifications (General Conditions, Section 6c, d, e)
apply to vehicles owned by the Contractor.
The right of the City is reserved to withhold from sale
one or more of the trucks and containers until Commercial
service can be assurred to present City customers.
22. Supervision by City: In carrying out the provisions and
intent of the Contract Documents, all particulars as to the manner,
S-10
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SpeciLi cations (Continued)
method, etc. of conducting and completing the work shall, at all
times, be subject -to the supervision, regulations and control
of the Director ot Public Utilities, and lailure to obey any
reasonable order or regulation shall constitute a material breach
of this contract by the Contractor. The Contractor shall have
the right to appeal in writing, within five (5) days after notice
from any such order or regulation of the Public Utilities Director,
to the City Manager.
The Public Utilities Director shall notify the Contractor of
each complaint he receives and of each violation of the contract
reported to him. It shall be the duty of the Contractor to
taJce whatever steps may be necessary to remedy the cause of any
verified complaint or violation.
23. Start of Work:
a. The Contractor shall be prepared and will start
scheduled collections called for by this contract,
if so notified and directed by the City, within
thirty (30) days from the date that the contract
is executed by both parties.
b. It may be that the Contractor will be unable to comply
with each and every provision of the contract documents
by the date specified by the City for start of work.
The City reserves the right to waive requirements
arid conditions of the contract documents for good and
sufficient reason during the start-up period. The
intent of this waiver is to give the Contractor
an adequate and reasonable time to comply without
causing an undue hardship. The Contractor shall
submit a written request to the City itemizing those
conditions and/or requirements for which an extension
of time is requested, together with a statement why
such extension if needed and the length of time extension
requested for each item. It is expected that the
Contractor should be able to comply with all provisions
of the contract documents within ninety (90) days
from the start of work.
24- DiRputes: No suit shall be brought by either party to the
contract ayainst the other for disputes in matters not covered
specifically by any provision of the contract documents until a
bona fide attempt shall have been made first to settle such
dispute by fact-finding. Fact-finding shall be had by a panel
of three (3) representatives, one (1) to be appointed by the
-99-
S-ll
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i .-'a' 'MI.; {Cotit. i nued)
City, O
by the
not ' L !.c
.: s des i
. .Inn
'-he Contractor, and the third to he selected
e;rc esent at ives first chosen. Upon written
en by o. eben-
> >o.-:t of the three (3) representatives shall not
. ther patty.
~*.r< , '-J^'-'t ' 'j-^.'- _°_r^_£i: Payments: The City may request .md tlio
Coati .ict'oi shaj. i , when so requested by the City, submit sufi icient
and satisiactor/ evidence that all payrolls, equipment, material,
and a.l other JJ..LIS and other indebtedness pertaining to the
pe: to••;.;.)nee o> conduct of the work of this contract, shall h.r.'e
been pajd.
']J:- '"'^ CoMponsation : The total amount of the con trace
um ol t!\e threes-years' service contract for the coLl.ecti.cn
Mo
20.
is r.hc-
oi coialj.i i.e<; gc.. i>aqe and rubbish within the present City liru ts .
increare or drvj.^ase in the contract amount for variations in
~he n1 r-.Lof ol collection points within the pies-snc. City lini.^
'••'-. - b. made o'i ic^count of increase in numb^i of dwelling units
or ,.n .iei iol it ] o.i oc d\;elling units. Increase of the cost of
operation i>"X.vi~3 o *': wage increases or cost of equipment will
not l>e co^sido 'wi as a basis of an adjustment in the contract
amount. T.'io only adjustment that will be made is for annexation
of to ;•:• i f >•:;.' to :he City. It is mutually agi eed by the Con : L dC tor
ar.d the Ci~ > \.'.\:\-. this cost ad jus trie at shall be made as Eollo/'s:
(I/ Airexaiion of Territory to tho City
for a.\ea aj
tne number
by the Caty
anner.c'-, 1 1 on )
.--. tonal compensation to be paid to the Contractor
ie :ou to the City will be determined D_y multiplying
f additional population (as estimated or determined
Depa'. tment of Community Development, at the date of
, b1' .he Unit Price Per Person.
The "Unit Price ->er Person" shall ne determined by dividing the
annual lump sum or. ice of Item i by 49,400 Ithe estimated City
population). Tins iigure shall be throughout the term 01 this
contract for determining additions to the contract amount. Payment
shall be pro-rated to the date ot collection.
-100-
S-12
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Specifications (Continued)
27. Small Dead Animal Collection Service: The Contractor may
submit a price tor the collection and removal of small dead
animal.s. The cost of such service shall not be included in
the price bid for Item 1 - Regular Refuse Collection Service.
The price bid shall be for collecting and removing all small
dead animals daily throughout the City. The office required
in Section 16 oi these Specifications shall receive telephone
calls requesting this service. The dead animals shall be
collected at least once each 24-hour period by the Contractor,
including all holidays; except Saturdays, Sundays, Christmas Day,
New Year's Day, and Thanksgiving Day. Animals may be dis-
posed of at the Disposal Site without charge.
28. Disposal Site: The location of this site is shown on
the City Map narked Exhibit A and is in the northeastern part
or the City off Germantown Road. It is open between the hours
of 8:00 A.M. - 4:00 P.M., Monday through Saturdays, and on all
holidays except Christmas Day, New Year's Day, and Thanksgiving
Day. Material collected under the terms of this contract will
not be charged for disposal by the City; however, material
from private contracts with commercial, institutional, or
residential sources will be charged for at the regular rate
for private collectors.
Material shall be deposited at the locations and in the
manner designated by the Landfill Attendant.
29. Grounds for Terminating Contract by City:
In addition to the reasons cited in these specifications
and other contract documents for the termination of the contract
by the City, it is mutually agreed that the City may terminate
the contract upon thirty (30) days notice for the following
reasons: (1) In the event that the City is required to dis-
continue the operation of the present disposal site, and the
City and the Contractor cannot mutually agree on the change
to the contiact amount for the change to a new disposal
site; then the City may terminate the contract without in-
curring liability for damages because of such action. (2) Should
the contract be found invalid by a court based upon legal in-
sufficiency asserted by a taxpayer or any person other than
the Caty itself, or its representatives; the City will re-
purchase the equipment purchased from the City by the Con-
tractor at the price paid by the Contractor to the City,
and will pay the Contractor the contract price for the ser-
vices performed to the date of termination.
-101-
S-13
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S pe cific a 11o n s {Continued;
30. Upon the expiration of the Contract (36 months), the
Contractor shall make available for sale to the City, at
the City's option, aLl of the vehicles used by the Contractor
for performing the collection service. The City may pur-
chase one or more collection units as it determines, at the
price determined as follows: The purchase price shall be
the fair market value of such vehicle at the time of purchase
as determined by the average valuation of three qualified
appraisers, one to be selected by the City, one to be se-
lected by the Contractor, and a third to be chosen by the
first two. Each party to pay the cost of the appraiser
selected by it, and to share the cost of the third appraiser.
The purchase price so determined shall be paid to the Con-
tractor in cash upon receipt of a clear title.
S-14
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EXHIBIT B
CHAPTER 27
Garbage and Rubbish
327.01 Definitions, 327.08
327.02 Division ot Sanitation
created; duties. 327.09
327.03 Hauling of garbage. 327.10
327.04 Use of garbage disposal 327.101
site.
327.05 Disposal Ground restricted 327.11
to residents; exception
327.06 Disposal and burning of 327.12
garbage and rubbish.
327,07 Garbage cans. 327.99
Rubbish containers.
(Repealed)
Wrapping of garbage.
Rates and charges.
Use of disposal ground
by nonresidents.
Rules and regulations;
Sanitation Division Fund
Licensing of refuse
collectors.
Penalties.
Cross References
Division of Sanitation — see Adm. 135.04.
Sanitary landfill -- see Pub. Serv. 329,01.
327.01 DEFINITIONS.
For the purpose of this chapter the following definitions
shall apply:
"Garbage" is the organic waste of animal, fish, fruit or
vegetable matter arising from or attendant to the storage,
dealing in, preparation or cooking of food for human consumption,
from houses, kitchens, hotels, restaurants, markets and commission
houses.
"Rubbish" is household, commercial and institutional
combustible and noncombustible solid waste material including,
but not limited to, paper, textiles, glass, metal, ashes,
grass, hedge and tree trimmings.
"Householder" shall mean the head of a family or one
maintaining his separate living quarters on premises and shall
include owners, tenants and occupants of all premises upon
which garbage or rubbish is accumulated.
"Premises" shall mean land or buildings or both, or parts
of either or both, occupied by one householder or commercial
establishment.
"Collector" shall mean the City and each and all of its
duly authorized agents and employees connected with the collection
and disposal of garbage or rubbish or both (Ord. 4935. Passed
6-3-69.)
327.02 DIVISION OF SANITATION CREATED; DUTIES.
There is created and established in the Department of
Public Utilities the Division of Sanitation, the function and
-103-
CO-1
1969 Replacement
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purpose of which shall he the collection and disp
and rubbirh ":rojn premises within the terricorui
City.
It shall be the duty of the Director oi PuM
to collect, onoe each week, garbage arid rubbish f
within the City at no cost to i_ c occupant exoeo
Section 327.10. (Ord. 3772. Passed 12-20-61,"
327.03 '
-------
327.04 USE OF GARBAGE DISPOSAL SITE.
Any private citizen who avails himself of the City garbage
site, pursuant to the piovisions of this chapter, shall deposit
garbage and rubbish in trenches provided for that purpose at
the garbage site, or in such other places within the site as
shall be designated by the attendant in charge. (Ord. 3177.
Passed 2-8-56.)
327.05 DISPOSAL GROUND RESTRICTED TO RESIDENTS; EXCEPTION.
It shall be unlawful for any person not a resident of the
City to use the City Disposal Ground for the disposal of garbage
or rubbish or any other materials. However, this restriction
shall not apply to any person licensed under the provisions of
Section 327.12 to haul for hire rubbish which has been collected
from premises within the territorial limits of the City. In no
event shall garbage or rubbish be permitted to be disposed of
at the City Disposal Ground which has been brought into the City
for such purpose from some point outside the territorial limits
of the City. (Ord. 4169. Passed 3-29-65.)
327.06 DISPOSAL AND BURNING OF GARBAGE AND RUBBISH.
It shall be unlawful to dispose of, bury, burn or dump
within the territorial limits of the City any garbage or rubbish
except at the City Disposal Ground. The provisions of this
section shall not apply to waste paper, boxes, brush, dry grass,
weeds, cuttings from trees, lawns and gardens and other materials
capable of being completely consumed, which are permitted to
be burned on the premises of the householder as otherwise pro-
vided by the ordinances of the City. (Ord. 4169. Passed
3-29-65.)
327.07 GARBAGE AND RUBBISH CANS.
It shall be the duty of each householder or commercial
establishment in or upon premises within the City where gar-
bage or rubbish is accumulated or allowed to be, to procure
and keep available for the exclusive use on such premises or
on the part thereof occupied by the householder or commercial
establishment, metal, rubber or plastic water-tight containers,
not to exceed thirty gallons of capacity, to hold all the
garbage or rubbish accumulated thereon during the period
of one week. Disposable polyethylene or paper bags designed
to be used as containers for garbage of rubbish may be used
but only when used as a liner for any of the aforesaid con-
tainers or with a holder of some other type. Filled bags
shall be securely closed at the top with a substantial device
to seal the bag. Metal tubs or disposable boxes may be used
as containers for ashes, yard clippings and paper. Containers
used for garbage may also be used at the same time for rubbish,
with no separation of materials being required.
-10b-
1969 Replacement
CO-3
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The im^-ai, labber or plastic water-tight containers men-
tioned in '.he preceding paragraph shall have olose-f .irct inq
lids and ''or ~^e purposes of collection, as prcvj tied in this
chapter, shall each be pro/ided with two handles on opposite
sides thcr< o.t, and. placed oa the ground level of the premises
at a place readily accessible to and for the collector- but.
not wj.thj.ii -_he l:.m.it£ oi a street or other public place.
All garbage or rubbish accunulc1 ted upon the hoYj.seho.'l der' 3
or commercial ec;tabi ishinon c ' s premises shall be placed in such
containers or a the lias kept firmly fixed 1:1 place. ('"trd. 4935
Passed 6 - '-. Sr: )
327.08 RIT3B J SH CONTA IKE RS .
(EDITOR'S WOTFJ: The provisions of Section 327.03 were
repealed b_> Ordinance 4935, passed June 3, 1969.)
327.09 WRAPPING OF GARBAGE.
It shall be unlawful to place in the container herein-
before mentioned any garbage which has not been thoroughly
drained and wrapped in paper. (Ord. 3079. Passed 12-31-54.)
327.10 RATES AND CHARGES.
(a) Mo cnatroe shall be made to an occupant of residential
premises in the City for the removal of garbage or rubbish
therefrom, pro'/ided that all material in excess of two con-
tainers oi a uicr other than
residential Vac personally uses the City garbage Site for
hauling garbage or rubbish from such premises, snail ;'^.y
such reasonable .rates and charges for such use as tha City
Commission, from time to time as circumstances warrant, shall
establish.
(d) An/ person licensed under the provisions of Section
327.12 may use the City garbage site for disposal of rubbish
accumulated on premises within the City ur>on payment of
such reasonable rates and charges and upon £,ach terms as the
City Commission, from time to time as circumstances warrant,
shall establish.
(e) Mo caarqe shall be made by the Citv to an occupant
of commercial, premises in the City for the le^-'val o2 garbage
or rubbish therefrom, providec1 such s'-all not exceed a total
of two cans or containers of a rvaximum of twenty "allo'i? each.
4935. D3.ssed 6-3-69.)
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327.101 USE OF DISPOSAL GROUND BY NONRESIDENTS.
(a) Persons who reside outside the territorial limits
of the City but who have been employed in the City and have
paid income tax to the City as required by Section 173.03
of the Codified Ordinances for at least six months immediately
preceding the date of application and who are not also gain-
fully self-employed outside the City, may apply for a permit
as hereinafter provided to dispose of rubbish and garbage
at the City Disposal Ground.
(b) Any person eligible for the permit provided for in
subsection (a) hereof, may submit an application therefor on
a form prescribed and provided by the Director of Public
Utilities and a recent photograph of the applicant, no smaller
than 2 inches by 2 inches and no larger than 4 inches by
6 inches, which shall become a part of the permit when issued.
Such application and photograph shall be submitted to the
Department of Public Utilities along with a check or money
order in the amount of three dollars ($3.00), as fee for
issuance of the permit, payable to the City.
(c) Such application shall be processed by the Depart-
ment of Public Utilities and if satisfactory a permit shall
be delivered or mailed to the applicant. Rejected appli-
cations shall be returned to the applicant personally or by
mail, along with the fee and photograph.
(d) The permit shall be subject to the following con-
ditions:
(1) Term of the permit shall be one year and renewal
procedure shall be the same as for an original
permit;
(2) Only the person whose photograph appears thereon
may exercise the privilege granted by the permit;
(3) The permit must be shown to the attendant at the
Disposal Ground whenever it is used;
(4) Lost permits will not be replaced other than by
the procedure set out in this section;
(5) The City reserves the right to limit the number of
times a permit holder may use the City Disposal
Ground during any period and to revoke the permit
if the holder uses the Disposal Ground for dis-
posing of refuse or garbage from sources other
than his own residential property.
(e) The Director of Public Utilities shall administer
the provisions of this section and shall have the authority
to revoke a permit for violation of any provision herein.
(Ord. 5017. Passed 11-18-69.)
327.11 RULES AND REGULATIONS; SANITATION DIVISION FUND.
The Director of Public Utilities may make such rules
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azid reguJ at.-.ons as he deems reasonable and necessary and not
inconsistent v.'ith this chapter, for the safe, economioaJ
and efficient management and administration of the Division
of Sanitation,.
All money received for the collection or disposal of
garbage or rubbish shall be deposited in the Sanitation
Division Fund and appJled to the retirement and interest
on notes or bonds heretofore or hereafter issued for the
purchase of equipment or for the acquisition or construction
of any perru.nenL improvements to be used for or in connection
with the co.i.ioction and disposal of garbage or rubbish and
to the expense of the conduct and operation of the Division.
(Ord. 3772. Passed. 12-20-61.)
327,12 LICHMSING OF REFUSE COLLECTORS.
Any person desiring to engage in the hauling of rubbish
for hire within the City shall make application to the
City Manager for a refuse collector's license. Any such
applicant shall be of good moral character and reputation
and shall not have been within five years preceding his appli-
cation convioced of a misdemeanor involving moral turpitude,
or within ten years preceding such application have been
convicted o'; a felony.
Upon the recommendation of the City Manager, a license
shall be isoued for which a fee of twenty-five dollars
($25.00) pf- year shall be charged. If the license is ifo-
any period of less than a year, the fee shall be prorated
at a rate or six dollars and twenty-five cents ($6.25) per
quarter or part thereof. All licenses shall be displayed
on the wincijnield of the licensee's vehicles at all times,
and shall expire on December 31 next following the date of
issue.
Before such license is issued, the licensee shall file
a bond in tho penal sum of one thousand dollars ($1,000),
payable to r.he City, conditioned upon the faithful observance
by the licensee of all applicable ordinances of the City,
The tr \-r-.k used by any such licensee for hauling rubbish
shall have an enclosed body or shall be equipped with side-
boards and tarpaulins to prevent the spilling of materials
therefrom.
The City Manager shall revoke the license of any licensee
who violates any section of this chapter. (Ord. 4318.
Passed 1-31-66.')
327.99 PENALTIES.
(a) Whoever violates this chapter shall be deemed
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guilty of a misdemeanor and shall be fined not exceeding
fifty dollars ($50.00).
(b) Whoever•knowingly violates any rule and regulation
of the Director of Public Utilities shall be deemed guilty
of a misdemeanor and shall be fined not more than two hundred
dollars ($200,00). (Ord. 3772. Passed 12-20-61.)
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