Except as may be otherwise provided, the collection and removal of any and all garbage and waste herein provided shall be performed exclusively by the city or such collection may be handled exclusively for the city through a private collector approved by the city council.
The services provided by the city through a franchisee shall be compulsory, and no property owner, tenant, occupant or resident within the city to whom such services are extended shall haul or cause to be hauled garbage and waste from the premises owned or occupied by such persons, save and except by application to the city or on motion by the board of councilmen, good cause appearing, the board of councilmen may order that the service by the city shall not be compulsory as to any certain property or premises.
(A) By City:
1. The city council may carry out the provisions of this chapter; and
2. May haul all or part of the refuse; and
3. May purchase such equipment as may be required to carry out the provisions of this chapter, and charge and collect charges for services provided pursuant to this chapter.
(B) By Contractor:
1. Franchise Contract: The city council may, if considered to be for the best interests of the city, enter into a franchise contract or contracts with one or more persons authorizing the collecting, removing and disposing of all refuse within the city and for the assessing and collecting of charges for such services. The city council, in letting any such contract or contracts under the provisions of this chapter, shall include therein such provisions as may be deemed necessary to protect the best interests of the city and its citizens and inhabitants and, particularly, provisions relieving the city from any responsibility for any acts of such contractor or contractors and from any damages that may result from collecting, hauling or disposing of refuse.
2. Written Agreement Required: The franchise granted hereunder shall not become effective until a written agreement is entered into between the franchisee and the city, such agreement shall include all the requirements set forth herein. The franchisee shall be required to perform all of the following:
(a) Garbage Collection:
(1) Guarantee that garbage service shall be available to business locations, public places and all other locations within the city which the city may designate at all times and that all garbage in connection therewith within the city shall be removed in an expeditious manner in accordance with all the terms of the franchise.
(2) Collect garbage from all business locations, public places and other locations which the city may designate wherever situated in the city at least once a week.
(3) Guarantee that in the collection of garbage from any location in the city, care shall be taken to deposit all garbage inside the collection truck leaving no evidence or bits or pieces of garbage upon any streets, alleys or other public places within the city or any private property used for the collection of garbage.
(4) Provide safe, adequate and clean equipment which is constructed in a manner to be completely covered so as to prevent the sifting, spilling, dropping or blowing of any of the garbage contained therein upon any of the streets, alleys or public places in the city.
(5) The equipment used by the franchisee shall be modern, up to date and watertight. The outside of the equipment shall be kept free from dirt and the inside of carriers of garbage shall be thoroughly cleaned after dumping each day.
(b) Guarantee Against Liability: Guarantee that in the exercise of the duties under the franchise every reasonable and proper precaution to avoid damage or injury to persons or property shall be used, and the franchisee shall covenant, contract and agree to indemnify and hold harmless the city and all customers of the franchise from which garbage, rubbish and waste matter is removed from any and all claims, damages, costs, fees and liabilities by reason of injury or damage to persons or property growing out of any act of the franchisee and the agents and employees of the franchisee in removing, hauling and dumping any garbage, rubbish and waste matter by reason of the contract. Franchisee shall further agree that if the city is sued by any person of any kind to recover damage to any person or property on account of actions during the performance of duties under the franchise, the franchisee, its heirs, successors and assigns shall defend all such suits and pay all judgments courts may enter in such suit. Further, it shall be required to provide liability insurance of a minimum of seven hundred fifty thousand dollars ($750,000.00) bodily injury coverage and seven hundred fifty thousand dollars ($750,000.00) property damage.
(c) Bond Provided: Provide a performance bond or time certificate in an amount set forth by resolution of the board of councilmen to ensure faithful performance of the requirements of the franchise, the form of bond or time certificate subject to approval by the city attorney.
(d) Performance Agreement: Agree that in the event that the franchise fails to perform any condition of the franchise, fails to abide by all of the laws, rules and regulations pertaining to the franchise or become bankrupt or insolvent, the city shall have the right to terminate the franchise and agreement so awarded if the franchisee fails to correct the deficiency within thirty (30) days after receipt of written notice of such deficiency from the board of councilmen.
(e) Transfer Agreement: Agree that no assignment or transfer of the franchise shall be made without written consent of the board of councilmen.
(f) Responsibility Agreement: Agree to be responsible to the board of councilmen or other officials designated by the board of councilmen.
3. Sealed Bids/Proposals: Before awarding any such contract or contracts, sealed proposals or bids may be called for under such notice as may be deemed reasonable and as may be provided by the city council. Persons submitting any bids or proposals shall include therein all statements or requirements required by the council including descriptions, plans and specifications of all equipment used or to be used, and fees to be charged for regular services and for additional or special hauling of refuse. The council, in awarding one or more contracts hereunder shall take into consideration the type of equipment used or to be used, the responsibility of the bidder, the rates and charges named in the bid and all other pertinent matters as well as the amount of money offered by the bidder to the city for the awarding of such contracts.
The board shall have the right to waive formalities in awarding contracts hereunder. It may award one or more contracts with such designations, differences and restrictions as to districts, areas, nature of hauling, charges and other matters, as may be deemed proper and may make such contracts exclusive in the contractor or contractors or exclusive as to districts, nature of hauling or otherwise. (Ord. 175, 10-13-1993)