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Home My WebLink About1965 Ordinance No. 028~ .. • . -. • Introduced a• a Bill by Councilaan Allen BY AU'l'llORI'l'Y ORDDIAllCB RO. 28, SBRIBS OP 1965 All ORD~ Aot'ilORIZillG MID DIRBCTDIG '1'llB MAWR Alm CITY CLBRI< OF 'l'BB CITY OP m.nooo, COLORADO TO Dl4D Dl'1'0 MID BXBCO'tB All AGRBBiiBllT WITH ADOLPH J. BABS•, G ltAftillG TO '1'llB SAID ADOLPH J. llAllSD '1'llB BXCLUSIVB RIGHT TO COLLBC'l' ALL GARBAGE LOCA'l'SD A'f ALL mmm:a AllD BUSimSBS WITBD '1'llB CI'l'r LIMITS OP 'l'BB CI'l'r OP ......aoD, IUIQUIRillG Biii 'fO RBCRJLULY AllD PRmlPl'LY COLLBCT AID> RBllOVB ALL SUCH GAlt8Ml8 AllD PROVIDillG .OR ... f&LY PAYllBftS BY '1'llB CITY OP BRGLlnlOOD TO ADOLPH J. llAllB• AS cmsmBRA'fICll .OR Mm SBRYICBS. BB I'f o..-IJDD BY '1'llB CITY COU9CIL OP TBB CITY OP DGLBMOOD, COUl1TY OP ARAPAHOE, ftA'fB OP COLORAD01 !'be llayor and City Clerk-'freaaurer of the City of Bnglewood, Colorado are hereby authorised and directed to enter into and execute that written agreement between the City of BncJlewood, COlorado, and Adolph J. Banaen, a copy of which is attached hereto and, by thi• reference, incorporated herein. Introduced, read and paaaed on firat readillCJ by the City Council of the City of Bnglawood, COlorado, at it• regular .. eting on the 15th day of Rovember, 1965, and ordered publiahed in full in the Bnglewood Herald and Bnterpriae. Paaaed on final reading by the City Council of the City of Bnglewood, Colorado, thia 6th day of Decellber, 1965, and ordered publiahed in full in the Bnqlewood Herald and Bnterpriae. Mayor ~llBBT1 -7i_-ty-Cierlt I, Ray Cha-, City Clerk-Treaaurer, City of Bnglewood, County of Arapahoe, State of COlorado, do hereby certify that the above and foregoing is a true and correct copy of a Bill for an ordinance, introduced, read in full, passed on f irat reading and ordered publiahed in full at a regular meetinq of the City Council held on Bovellber 15, 1965, in the Bnglewood Herald and Bnterprise, and that at leaat 7 daya after above publication a• a Bill, the above ordinance was approved, adopted and ordered publiahed in •aid legal newapaper by the City Council at a regular ... ting held on the 6th day of December, 1965, a• Ordinance No. 28, Seri•• of 1965, of aaid City. ~ii&fta ~t?L: Cl!f Clerk-'l'reaaurer AGRBBM .BRT BIS AGRllMlft, aade and entered into thi• day of , A.D., 1965, by and between the CI'l'r OP BRGL8"00D, COLORADO, a municipal corporation organized ander Article XX of the Conatitution of the State of-Colorado, party of the first part, and ADOLPH J. llAllSD, of the County of Ad_., State of COlorado, party of the HCOnd part, W I T R B S S B T Ba 1111BRBAS, the collection of garbage made and accU1DUlated at all residences within th• City of Bnglewood and the proper removal and diapoaal thereof in an efficient •anner and in .ccordance with law i• neceaaary to the public health, welfare and •d•ty of aaid City and ita citiuna and reaidentar and waatw, Second Party baa offered to perform •aid aervicea and has represented that he i• willing and able to perfona •aid aervicea efficiently and in accordance with lawr and I :I 11R•RSAS, the partie• hereto are deairou• of entering into an agreement concern- ing aaid Hrviett8f llOlf, 'l'BBRBPORB, in conaideration of the mutual prOIDiaea, covenant•, conditions, paymenta and other conaideration hereinafter aet forth, it i• mutually understood llDd agreed by and between the partie• a• follow•• 1. Pirat Party grant• to Second Party the excluaive right to collect all 9az'b999 (a• that tera i• defined in Section 23.1 of the Municipal Code of the City of Bngl.wood, or any .. endaent thereto) accumulated at all residences and places of buaine•• within the City limit• of the City of Bnglewood, together with the right to tranaport and make uae of •aid 9azbage a• Second Party may deem expedient in conftnwt~ with all aanitation lava reC)Ulating the same, from the first day of Pebraary, A.D., 1966 at 12101 A.M., to the firat day of February, A.D., 1969, at 12101 A.M.1 aubject to the termination proviaion• hereinafter aet forth. 2. Durin9 the effective term of thi• Agre-nt, Pirat Party •hall make pay- ment•, per month, to Second Party in accordance with the following schedules A. Por the month of February through Decmaber, 1966, and January, 1967, the 81m of Two 'l'houaand and One Hundred Dollar• ($2,100.00): a. Por the month of February through December, 1967, and Januai:y, 1968, the 8UJI of '!'WO 'lhouaand and '!'WO Hundred Dollar• ($~200.00): c. For the month• of February through Decelll>er, 1968 and January, 1969, the au. of '!'WO 'lhouaand and Three Hundred Dollars ($2,300.00). Should thi• avre ... nt be terminated, except for a termination by reason of a default by Second Party, Firat Party •hall be liable only for payments to Second Party for thoH llOllth• in which Second Party ha• actually rendered the services contemplated by thi• Agre•ent. 3. Second party expreaaly agree• regularly and promptly to collect and remove all 9ad>age accullUlated at all place• of buaine•• within the City of Bnglewood once e.:h day throughout the tera of thi• contract, and collect and remove all garbage accu11Ulated at each and every reaidence within the City of Bnglewooce once each week, except that for the period frOlll the f irat day of March to the first day of •OV911ber of each year 9arbage •hall be collected and removed from each and every reaidence at leaat twice each week not le•• than three day• apart, excluding Sundays. Such collection by Second Party ahall be done in a careful and reasonable manner, and with due care and regard for the garbage contains• and property of the resi- dent• and buaine•• firaa of the City of Bnglewood frOlll which such collections are -de. 4. Second Party agr-• to and doe• hereby a••UID8 complete liability to persons or property reaulting from any and all of their operation• within the City of BnglMIOOd, and agree to hold •aid City harmle•• a• to any injuries resulting to peraona or prop•ty from it• operation• within •aid City. Second Party shall, before entering into the performance of thi• avre-nt, aulait to First Party aatiaf.:tory evidence of vehicular and general public liability and property damage inaurance coverin9 Pir•t Party a• well a• Second Party, in the ,amounts of : Bodily Znjury Liability Limita1 Bach peraon Bach accident Property 0 ... 99 Liability Limitaa Bach accident Aggregate Operation• and Workmen'• CCllDenaation coverage. $$00,000.00 $200,000.00 $ 10,000.00 $ 25,000.00 5. '!he Second Party agree• that the garbage collection vehicles assigned to collection within Bnglewood will be equipped with encloaed garbage bodies acceptable to the City Manager, and ahall continue to be ao equipped during the term hereof. 'fhi• proviaion, however, will not apply to any vehicle• uaed for temporary standby purpoH• only. 6. Second Party agree• to provide to Pirat Party a performance bond in the •aiant of S.ven 'l'houaand Dollar• ($7,000.00), vuaranteeiDCJ the faithful and proper perfOD1ance of the obli9ation hereby aaaUlled, and a certificate, certifying that such a bond ha• been iaaued, •hall be preaented to Pirat Party and made a part of this Agre•ant. 7. Pirat Party reaerve• the right to cancel thi• agre ... nt upon proper showing that Second Party ha• failed to conform to the tenm hereof, or any applicable laws met/or ordinance•, but not until Second Party ha• bee notified to appear at a deai90ated tiJle and to be heard before the City Council. Such notification shall be •.S. by written notice, atatiDCJ tb e reaaona therefor, by certified or registered mail, to the Second Party'• addre•• a• ahown herein. Pailure of Second Party to appear -Y be conaidered by Pirat Party a• aufficient reaaon for cancellation. ~359 r ·!!'k1~-. ... •. -3&0 • • 8. !hi• agr .... nt may be cancelled and tez.inated, effective the last day of any calendar 110nth durinq it• term, by either party hereto by delivering to the other party, via regiatered or certified mail directed to the address appearing at the foot hereof, not later than ninety (90) day• prior to the desired teraination date. 9. the terma, proviaiona and covenant• of thia contract ahall inure to and be binding upon the heir•, exec:utora, adllliniatratora, aucceaaora and assigns of the partie• hereto1 provided that thia contract •hall not be aaaigned by Second Party without the written conaent of Pirat Party. IR WI'l'llBSS 1111BRBOP, the partie• hereto have hereunto aet their hands and seals thi• day of &ovember, 1965. ~1188'1'1 City Clerk CITY OP DGLB1IOOD I COLORADO a Municipal Corporation P. o. Box 178, Bnglewood, Colorado Party of the Pirat Part Mayor Party-of the Second Part 6720 Baat 76th Place, Derby, Colorado :l II I~ .... I