Division 1. In General.

SEC. 18-29. DEFINITIONS.

   In this article:

      (1)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this article or the director’s authorized representative.

      (2)   FRANCHISEE means a person who has been granted a franchise under this article and Chapter XIV of the city charter to operate a solid waste collection service in the city.

      (3)   GROSS RECEIPTS means any revenue directly or indirectly received or generated from or in connection with any solid waste collection service provided within the city, excluding the following amounts:

         (A)   disposal fees paid to the city by a franchisee;

         (B)   annual bad debt write-off amounts on uncollectible accounts for solid waste collection service, provided that the write-off allowed is verified by adequate supporting documentation and does not reduce the annual gross receipts by more than three percent;

         (C)   revenues received or generated for any solid waste collection service provided on behalf of the city by the franchisee pursuant to a written contract with the city; and

         (D)   revenues directly received or generated from the processing of recyclable materials.

      (4)   PERSON means an individual, corporation, firm, government or governmental subdivision, partnership, joint venture, limited liability company, or other business entity.

      (5)   SOLID WASTE COLLECTION SERVICE means the business of:

         (A)   removing wet or dry solid waste from any premises; or

         (B)   transporting, processing, or disposing of wet or dry solid waste. (Ord. Nos. 17226; 21058; 26480; 26608)

SEC. 18-30. AUTHORITY OF DIRECTOR.

   (a)   The director shall implement and enforce this article and may by written order promulgate such rules or regulations, not inconsistent with this article or state or federal law, as the director determines are necessary to discharge any duty under or to effect the policy of this article.

   (b)   The director shall have authority to impound any vehicle, dumpster, or roll-off container:

      (1)   whose contents have become foul, offensive, or otherwise hazardous to the public health or safety; or

      (2)   that is being used for the collection of solid waste material in violation of this article.

   (c)   A vehicle, dumpster, or roll-off container impounded under Subsection (b) may not be moved without the consent of the director and may not be returned to service until the contents are disposed of and the vehicle, dumpster, or roll-off container is cleaned and brought into compliance with this article. (Ord. Nos. 14219; 17226; 21058; 26480; 26608)

SEC. 18-31. DEFENSES.

   It is a defense to prosecution under this article, except for Sections 18-30(b) and (c), 18-45, 18-47, 18-49, 18-50, and 18-51, that the solid waste collection service:

      (1)   was operated by a governmental entity;

      (2)   was only collecting, transporting, or processing recyclable materials; or

      (3)   did not operate a vehicle, or cause or permit the operation of a vehicle, more than twice during any calendar year to:

         (A)   remove dry or wet solid waste from any premises within the city; or

         (B)   transport, process, or dispose of wet or dry solid waste within the city. (Ord. Nos. 21058; 21163; 26480; 26608)

Division 2. Solid Waste Collection Franchises.

SEC. 18-32. FRANCHISE AND DECAL REQUIRED.

   A person commits an offense if, within the city, he:

      (1)   operates, or causes or permits the operation of, a solid waste collection service without a valid solid waste collection franchise granted under this article and Chapter XIV of the city charter; or

      (2)   operates, or causes or permits the operation of, a vehicle for the purpose of providing solid waste collection service in the city without displaying on the vehicle a valid decal issued under this article. (Ord. Nos. 14219; 16367; 17226; 21058; 21163; 24743; 26480; 26608)

SEC. 18-33. FRANCHISE APPLICATION.

   (a)   To obtain a solid waste collection franchise, a person must submit an application on a form provided for that purpose to the director. The applicant must be the person who will own, control, or operate the proposed solid waste collection service. The application must be acknowledged by a notary public and contain the following information:

      (1)   the applicant’s name, address, and notarized signature;

      (2)   the form of business of the applicant, and, if the business is a corporation, partnership, limited liability company, joint venture, or unincorporated association, a copy of the documents establishing the business;

      (3)   a description of any past business experience of the applicant, particularly in providing solid waste collection service, and an identification and description of any revocation or suspension by the city, or by any other governmental entity, of a solid waste collection license, franchise, or similar authorization held by the applicant or business before the date of filing the application;

      (4)   the number and description of vehicles the applicant proposes to use in the operation of the solid waste collection service, including year, make, model, motor identification number, and state license registration number for each vehicle;

      (5)   a description of the proposed solid waste collection service;

      (6)   documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by the city in the franchise ordinance;

      (7)   documentary evidence of payment of ad valorem taxes owed on the real and personal property to be used in connection with the operation of the proposed solid waste collection service if the business establishment is located in the city; and

      (8)   such additional information as the applicant desires to include to aid in the determination of whether the requested franchise should be granted.

   (b)   The director is authorized to make any additional investigation as is necessary to verify the truth of the information contained in the application and to determine if the applicant meets the requirements of this article and the standard franchise ordinance required by the city. (Ord. Nos. 21058; 21163; 24743; 26480; 26608)

SEC. 18-34. FRANCHISE GRANT.

   (a)   If the director determines from the application that the applicant meets the requirements of this article and other applicable law to hold a franchise for solid waste collection service, the director shall present the application to the city council and make a recommendation regarding the application. The city council may grant or deny the franchise. The city council shall grant a franchise by ordinance. The grant of a franchise under this article is nonexclusive.

   (b)   The terms and conditions of a franchise will be set forth in the ordinance granting the franchise to the applicant. By accepting the franchise, the applicant agrees to comply with all of those terms and conditions. (Ord. Nos. 26480; 26608)