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(a) Upon the granting of a solid waste collection franchise to an applicant and satisfactory completion of all inspections required by this article, the director shall issue a decal for each vehicle to be operated by the applicant under the franchise.
(b) A decal issued under this section must be displayed on the vehicle for which it was issued in a manner and location approved by the director. A copy of the franchise ordinance must be presented upon request to the director or to a peace officer for examination.
(c) A decal issued under this section is not transferable. If a decal is lost, stolen, or mutilated, the director may issue a duplicate decal upon payment to the city of a $10 fee. (Ord. Nos. 21058; 21163; 24743; 26480; 26608)
(a) The director may suspend the operation of a solid waste collection service doing business under a franchise granted under this article if:
(1) the franchisee fails or refuses to comply with any provision of the franchise ordinance, this article, or any other city ordinance or state or federal law applicable to the collection or disposal of solid waste material;
(2) the franchisee fails or refuses to make a franchise fee payment required by this article or the franchise ordinance at the time it was due; or
(3) the solid waste collection operation creates a public nuisance or a serious public health or safety hazard.
(b) The director shall provide at least 24 hours written notice to the franchisee of any suspension and include in the notice the reason for the suspension, the date the suspension takes effect, the duration of the suspension, and a statement informing the franchisee of the right to appeal the suspension. The suspension must be for a definite period of time not to exceed 60 days.
(c) A suspension by the director is final unless, within 20 days after the receipt of written notice of the director’s action, the franchisee files a written appeal with the city manager. The city manager shall, within 15 days after the appeal is filed, consider all the evidence in support of and against the action appealed and render a decision either sustaining, reversing, or modifying the action. The decision of the city manager is final. The filing of an appeal under this subsection stays an action of the director until a final decision is made by the city manager, unless the director determines that continued operation of the solid waste collection service constitutes an imminent and serious threat to the public health and safety.
(d) In addition to terminating a solid waste collection franchise on the grounds set forth in the franchise ordinance, the city council, on the recommendation of the director, may revoke a franchise, assess a civil penalty, or both, if the franchisee:
(1) fails or refuses to comply with any provision of the franchise ordinance, this article, or any other city ordinance or state or federal law applicable to the collection, transportation, processing, or disposal of solid waste material;
(2) knowingly or intentionally made a false statement or misrepresentation as to a material matter in the franchise application or in the negotiations for the franchise; or
(3) fails or refuses to make a franchise fee payment required by this article or the franchise ordinance at the time it was due.
(e) Before presenting a franchise revocation or civil penalty assessment to the city council under Subsection (d), the director shall notify the franchisee in writing of the proposed action. The notice must include:
(1) the reason for the proposed revocation or civil penalty assessment;
(2) action the franchisee must take to prevent the revocation or civil penalty assessment;
(3) a statement that the franchisee has 10 days to take the action to correct any violation or noncompliance; and
(4) a statement that the franchisee has a right to appear before the city council and contest the proposed revocation or civil penalty assessment.
(f) If, within 10 days after receipt of the notice required in Subsection (e), the franchisee has not taken the action necessary to correct the violation or noncompliance, the director shall present the franchise revocation, civil penalty assessment, or both to the city council and make a recommendation regarding the proposed action. The director shall notify the franchisee in writing of the date the city council will consider the proposed action. The city council may formally revoke the franchise, assess the recommended civil penalty, impose any other penalty or action that the city council in its discretion considers appropriate, or remand the matter to the director for further review and recommendation. The action of the city council is final. The director shall notify the franchisee in writing of the city council’s decision.
(g) Revocation of a solid waste collection franchise constitutes termination of the franchise ordinance and all accompanying rights, privileges, and permissions. Suspension or revocation of a solid waste collection franchise does not waive the city’s right to collect civil penalties imposed under the terms of the franchise ordinance prior to the suspension or revocation. (Ord. Nos. 14219; 17226; 21058; 21163; 26480; 26608)
(a) A solid waste collection franchise may not be assigned, transferred, mortgaged, or pledged without the approval of the city council upon recommendation of the director. Minor amendments to a franchise, or approval of additional vehicles or equipment for use in the solid waste collection service, may be made by the director upon written request by a franchisee. An assignment, transfer, mortgage, or pledge of the franchise, or an amendment that substantially changes the scope, terms, or obligations of the franchise, must be applied for in the same manner as the original franchise.
(b) Before any vehicle not listed in the application for a solid waste collection franchise may be placed in service, the franchisee must notify the director of the proposed use of a new or additional vehicle, obtain a decal for the vehicle, and display a valid decal on the vehicle as required by this article.
(c) If an assignment or transfer is approved, the director shall issue new decals for the solid waste collection vehicles used by the assignee or transferee upon payment of the next installment of the franchise fee owed. (Ord. Nos. 21058; 21163; 24743; 26480; 26608)
(a) The city council shall designate the term of a solid waste collection franchise in the franchise ordinance, which term may never exceed 40 years. The franchisee may renew the franchise by making application in accordance with Section 18-33. A franchisee shall apply for renewal at least 90 days before the expiration of the franchise term.
(b) Any decal issued under this article for a solid waste collection vehicle expires upon expiration, revocation, suspension, or nonrenewal of the accompanying solid waste collection franchise. (Ord. Nos. 21058; 21163; 24743; 26480; 26608)
Each franchisee shall maintain, at a single location in the Dallas-Fort Worth metropolitan area, adequate financial records documenting all of its solid waste collection service transactions within the city. The records must be maintained in accordance with generally-accepted accounting and government- auditing standards. The franchisee may be audited by the city as often as the director deems necessary to ensure that accurate franchise fee payments are received. A franchisee shall make its records available for inspection by the director at reasonable times upon request. (Ord. Nos. 21058; 21163; 26480; 26608)
By February 1 of each year, a franchisee shall file an annual report with the director containing the following information for the preceding calendar year concerning solid wastes and recyclable materials collected by the franchisee within the city:
(1) Total volume in tons of wet and dry solid waste collected by the franchisee, with separate figures for total residential waste and total commercial waste.
(2) Total volume in tons of recyclable materials collected and recycled by the franchisee, with separate figures for total recycled residential waste and total recycled commercial waste.
(3) A description and the total volume in tons of each type of material recycled by the franchisee. (Ord. Nos. 21058; 21163; 26480; 26608)
A franchisee or an applicant for a solid waste collection franchise shall not allow the payment of ad valorem taxes upon any vehicle, equipment, or other real or personal property used directly or indirectly in connection with the solid waste collection service to become delinquent. (Ord. Nos. 21058; 26480; 26608)
A franchisee shall notify the director within 10 days of a change in:
(1) the address or telephone number of the solid waste collection service; or
(2) the form of the business or the executive officers of the solid waste collection service. (Ord. Nos. 21058; 21163; 26480; 26608)
A franchisee or an applicant for a solid waste collection franchise shall have each vehicle to be used in the solid waste collection service inspected in a manner approved by the director before a decal is issued to the vehicle and at such other times as may be ordered by the director. (Ord. Nos. 21058; 26480; 26608)
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