A. City Authorized To Enter Into Franchise Agreement: The city may enter into a license, contract, or franchise agreement with an individual or entity to collect, transport, convey and dispose of garbage and refuse upon, on or over the streets, alleys and public ways of the city. The mayor and city council have the sole authority to select and approve all persons who shall enter into a franchise or license agreement; contract to perform all services pertaining to sanitary collection and disposal under the provisions of this chapter; to establish reasonable fees for licenses; and may establish reasonable rules and regulations governing the conduct and operation of such licensee or contractor. All franchise holders shall be bound by and comply with the provisions of this chapter wherever applicable, and shall comply with all requirements set forth by the city council, and shall observe and faithfully perform the conditions and provisions of the license and the ordinances, rules and regulations of the city.
B. Residential Premises Service: Residential premises solid waste service is provided to residents of Hagerman by the city.
C. Commercial Service: Commercial premises located within the city will not be provided solid waste service by the city. Any commercial premises may use the services of any contractor for the collection of solid waste within the city limits without it being a violation of this chapter. However, no entity or contractor may be allowed to collect from any residential premises in the city without the proper license and/or franchise from the city.
D. Franchise Required To Collect: Collection of solid waste for residential premises within the city limits without a valid franchise or license agreement is a violation of this chapter subject to the penalties contained in section 8-3-12 of this chapter. (Ord. 1033, 9-21-2005)