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No person shall be allowed to occupy or use the public streets or rights-of-way of the city for the purpose of conducting a service for the periodic collection of yard debris or be allowed to operate such a system without a franchise granted in accordance with the provisions of this chapter. Provided, however, that solid waste collectors which have obtained a permit pursuant to Chapter 5.16 of this code and businesses which provide landscaping or landscape maintenance services within the city may also provide for the collection and disposal of yard debris incidental to such solid waste collection or landscape services.
(Ord. 2107 §1, Ord. 2127 §7)
A franchise shall not be awarded pursuant to this chapter except to a grantee who meets all of the following qualifications:
A. The grantee has not been convicted or held liable for acts involving moral turpitude within the previous five years and is not presently under an indictment, investigation, or complaint charging such acts;
B. The grantee has not had a judgment in an action for fraud, deceit, or misrepresentation entered against grantee by any court of competent jurisdiction within the past five years;
C. The grantee does not have pending against grantee any legal claim, lawsuit, or administrative proceeding arising out of or involving the operation of the type of service which is subject to the franchise; and
D. The grantee has the financial and technical capability to enable it to maintain and operate the services for the term of the franchise.
(Ord. 2107 §1, Ord. 2268)
Any franchise for a yard debris collection and compost program shall be awarded after the solicitation of competitive bids pursuant to the formal bidding procedures set forth chapter 3.20 of this code.
(Ord. 2107 §1, Ord. 2127 §8)
After the bids have been opened, the city clerk shall schedule a public hearing for the council to determine whether it would serve the public interest and necessity to award the franchise for which the bids have been solicited. The city clerk shall also cause a notice of that hearing to be published in at least one paper of general circulation within the city at least ten days prior to the date of that hearing. The notice shall state the purpose of the hearing and the time and date of its location. At the time and place set for the public hearing on the matter, the council shall conduct a public hearing to determine whether the franchise should be awarded. The public hearing may be continued from time to time at the discretion of the council. At the conclusion of the hearing, the council may award the franchise to the lowest responsible bidder or reject all bids.
(Ord. 2107 §1)
A. Scope of Grant. Any franchise granted under this chapter shall authorize and permit the grantee to engage in the service for which the franchise has been granted within the service area specified in the franchise.
B. Grant Both a Right and an Obligation. In the event that the city council shall grant a franchise under this chapter, the franchise shall constitute both a right and an obligation to provide the services required by the provisions of this chapter and the franchise.
(Ord. 2107 §1)
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