Any person holding a franchise to collect, transport or dispose of system waste shall comply with the following obligations as a condition of that franchise:
A. The franchisee shall comply with all the laws, ordinances, rules and regulations pertaining to the collection, transportation and disposal of system waste as may be enacted from time to time by any lawful authority, including the state, the village and the agency.
B. The franchisee shall deliver all system waste to the transfer station or other destination designated by the agency and the village on that effective date or dates as may be established by the village and the agency from time to time.
C. The franchisee shall maintain all equipment used to collect, transport and dispose of system waste in good repair and working order and operate it efficiently and effectively.
D. The franchisee shall collect as agent for and promptly pay to the village all rates and charges imposed by the village on persons using the municipal waste system when requested by the village to do so.
E. The franchisee shall maintain accurate books and records and make them available to the village upon demand.
F. Any vehicle used by any such franchisee in his business shall be watertight and equipped with airtight covers for such portions as are used for the transportation of refuse. It shall be unlawful for any such vehicle to be driven over or through any street of the village during or on a Sunday. Each licensee shall maintain its equipment used in licensed service in good repair and working order, shall perform its operations efficiently and faithfully and shall punctually perform all obligations imposed on it pursuant to this code.
G. The franchisee shall submit annually complete audited financial statements for the preceding fiscal year. Such financial statements shall include all information as may be necessary to ascertain the reasonableness of the franchisee's fee, charges and rates.
H. The franchisee shall carry public liability insurance in an amount not less than one million dollars ($1,000,000.00), a minimum of one million dollars ($1,000,000.00) of property damage insurance, and four million dollars ($4,000,000.00) in umbrella coverage and workers' compensation for his employees, naming the village, its officers, agents and employees as additional insured, evidence of which insurance shall be provided to the village upon any request. Notwithstanding anything contained in this section, the franchisee shall be required to provide such greater coverage limits and such additional insurance coverage as specified in the franchise agreement.
I. The franchisee shall hold harmless the village, its officers and employees and agents for any costs, claims, or expenses, including reasonable attorney fees and other costs of defense resulting from, arising out of, or relating to the collection, transportation, and disposal of system waste, recyclables, compostables, and/or any other waste picked up by the franchisee within the village.
J. In the event the franchisee under this chapter violates any provisions of this chapter, the village shall have the right, in addition to enforcing against such firm the penalties hereinafter provided, to revoke the franchise of such firm.
K. The franchisee under this chapter shall not dispose of or store any refuse in any place within the corporate limits of the village or within one mile thereof, except with the permission of the board of trustees. (Ord. 06-829, 7-11-2006, eff. 10-1-2006)