(A) Purpose. In order to provide for a continuous system of refuse collection and disposal in a manner which meets the needs and conveniences of the residents of the city and in order to protect the area from the problems of uncoordinated, unsanitary and improper solid waste disposal, the City Council may determine that it is in the best interests of the residents of the city to require licenses of persons collecting or hauling garbage and rubbish for hire, reserving to the city the right and authority to contract with one or more operators to provide these services.
(B) Licensing. No person may collect or haul garbage or rubbish within the city without first obtaining a written license from the City Council. An application for a license shall be submitted in writing to the City Clerk, and shall contain the following information:
(1) Name and address of the applicant;
(2) Description of the equipment which will be used within the city by the applicant;
(3) A schedule of the rate that will be charged by the applicant for the various categories of customers within the city;
(4) Evidence of compliance with the other applicable sections of this chapter.
(C) Franchise. The City Council may exercise its reserved right to contract with one or more operators for the collection of garbage and rubbish within the city.
(D) Suspension of license or contract. A contract or license issued under the provisions of this section may be revoked or suspended for a violation of this chapter or other applicable regulations of law upon a showing that the contractor or licensee has failed to comply with that regulation.
(E) Financial responsibility. The licensee or contractor shall be required to procure (1) commercial general liability insurance in the minimum amount of $2,000,000 per occurrence; (2) automobile liability insurance with a minimum combined single limit of $2,000,000 for bodily injury and property damage including coverage for owned, hired and non-owned automobiles; and (3) workers’ compensation insurance for all employees in accordance with the statutory requirements in Minnesota. The licensee or contractor shall hold the city harmless and agrees to defend and indemnify the city, and the city's employees and agents, for any claims, damages, losses, and expenses related to the work under the license or contract. The city shall be named as an additional insured on the commercial general liability insurance and any umbrella/excess policy for the services provided under the license or contract. The licensee's or contractor's insurance shall be the primary insurance for the city and the licensee or contractor shall provide a certificate of insurance which verifies the existence of the insurance required and an endorsement of the city as an additional insured. These insurance policies shall be for the full term of the license or franchise and shall provide for the giving of ten days prior notice to the city of the termination or cancellation of these policies or ten days’ notice for non-payment of premium. In case notice is received that any policies will be terminated or cancelled, the license or contract shall be automatically revoked on the termination or cancellation date unless the licensee or contractor provides proof that such policies are still in effect or new insurance has been obtained that meets the city’s insurance requirements.
(F) Design of equipment. All trucks or motor vehicles used by the licensee or contractor shall be water-tight so as not to allow the leakage of liquids or refuse while hauling the same and shall be covered with a covering to prevent the scattering of its contents upon the public streets or private properties in the city.
(G) Inspections. All vehicles used for garbage or rubbish shall be made available for inspection within the city at the times and places as the City Council may designate.
(H) Bond. The contractor or licensee may be required to furnish a surety bond in an amount as the City Council deems necessary running to and approved by the City Council, guaranteeing the franchisee's or licensee's faithful and continuous performance of the terms of the franchise, license or contract and of this chapter.
(I) Licensee requirements.
(1) Licensees must impose charges for the collection of garbage or rubbish consistent with M.S. § 115A.93 Subd 3, as it may be amended from time to time, that increase with the volume or weight of the garbage or rubbish collected.
(2) Licensees must not impose any additional charges on customers who recycle.
(3) Where a licensee imposes charges by volume instead of weight, the licensee must establish a base unit size for an average small quantity household and offer a multiple pricing system that ensures that the amounts of waste generated in excess of the base unit amount are priced higher than the base unit price.