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AN ORDINANCE TO AMEND SECTION 10-1 OF THE CODE OF ORDINANCES OF THE CITY OF JONESBORO, ARKANSAS; PROVIDING FOR THE COLLECTION OF GARBAGE; AND FOR OTHER PURPOSES
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas, that Section 10-1 to be deleted and the following submitted therefore:
Section 1:
(A) All garbage, waste, and refuse from either single of multi-family residents within the corporate limits of the City of Jonesboro shall be collected by the City of Jonesboro.
(B) All garbage, waste and refuse from commercial businesses within the corporate limits of the City of Jonesboro shall be collected by the City of Jonesboro, Arkansas, or by the person or persons approved by a majority vote of the City Council.
(C) The Mayor or some other person designated by him shall take applications from prospective providers of sanitation services for commercial business. The application shall contain: (1) a financial statement; (2) a complete list of equipment showing make, model and year; such equipment shall be of equal or better quality than that provided by the City of Jonesboro. (3) three character references; (4) a current operation statement (5) a complete list of proposed customers including the name and address of said customers, the monthly rate charged, the frequency and type of service, and the period in which the service is to be provided.
(D) The application must be approved by the Director of Public Works, the Director of Finance and the Mayor, must be submitted no later than thirty (30) days prior to the time that service is to commence. Final approval shall be given by a majority vote of the City Council.
(E) The person shall not collect garbage, waste and refuse unless that person shall have made application as provided in this ordinance and obtained approval by the City Council. Any person collecting garbage, waste and refuse without the approval of council shall be subject to a minimum fine of $50.00 per day and a maximum fine of $500.00 per day for each day’s violation of the Ordinance. Each day a person maintains a sanitation service in the City of Jonesboro without the approval of the City Council will constitute a separate violation of this Ordinance.
(F) All persons providing sanitation service to customers provided for in this Ordinance must obtain liability insurance and provide the City with a current copy of said policy in effect. Minimum limits of liability for personal injury shall be $100,000 per person and $300,000 per occurrence. Minimum limits of liability for damage of property shall be $25,000 per accident. A copy of the current insurance policy shall be kept on file in the office of the City Clerk.
(G) Persons providing sanitation services to customers provided for in this Ordinance shall be subject to yearly review by the City Council, and the City Council, for cause, by a majority vote of elected council members may terminate the person’s right to provide sanitation services in the City of Jonesboro, Arkansas.
Section 2: All ordinances and/or parts of ordinances in conflict herewith are repealed to the extent of such conflict.
Section 3: The provisions of this ordinance are declared to be severable and if any provision of this ordinance is declared to be unconstitutional, such unconstitutionality shall not affect the remaining provisions, if same can be implemented without relying upon the unconstitutional provision.
Section 4: The City Council does find and declare that Section Ten of the Code of Ordinances should be amended to permit qualified applicants to engage in the collection of garbage, refuse and waste within the City of Jonesboro, Arkansas; and therefore, an emergency is hereby declared to exist and this Ordinance being necessary for the preservation of the public peace, health and safety, this Ordinance shall take effect and be in full force from and after its passage and approval.
PASSED and APPOINTED this 7th day of November, 1977.