A. Applicability: All solid waste from the entire confines of the city shall be placed for collection as provided in this chapter and such regulations as the city may approve, and shall be collected by a duly authorized franchisee in order to maintain and preserve the sanitation and thereby the health and welfare of the city.
B. Right To Issue Franchise: The city reserves the right to issue a franchise to such franchisees as are necessary to carry out the terms of this chapter. The city reserves the right to award an exclusive franchise for the entire city, if deemed to be in the public interest. The city may advertise for proposals or bids to provide collection services and may award one or more franchises within the city, based on cost and a subjective evaluation of the services offered by the proponent or bidder. The city may enter into a franchise agreement for solid waste services after reviewing and giving fair consideration to proponents. (Ord. 611, 2-10-1987, eff. 2-10-1987)
C. Franchise Fee; Exception:
1. The city may charge a franchise fee to all franchisees. Said fee shall initially be set at five percent (5%) of gross receipts, but may be revised by the city from time to time by resolution. Fees shall be payable on a monthly basis based on the franchisee gross revenue from the city. Revenues retained by the city shall be used exclusively for costs related to the city management of the solid waste system. Such revenues may be utilized for administration, code enforcement, maintenance of rights of way, for cleaning programs and for costs incurred in enforcing this chapter.
2. The city may waive a franchise fee where the franchisee is providing a public service worthy of such subsidy. (Ord. 611, 2-10-1987, eff. 2-10-1987; amd. 2009 Code)
D. Power To Regulate Maximum Rate; Bond: The city shall have the power to regulate the maximum rate which a franchisee may charge subject to the provisions contained in any agreement between the city and franchisee. Franchisee shall maintain records of estimated tonnage or yardage of solid waste hauled from the city through actual weighing of trucks or spot check weighing at reasonable intervals or estimated yardage. The city may require that franchisee be bonded and maintain minimum levels of liability insurance.
E. Billing And Collection Of Fees: The city shall bill and collect all fees for solid waste collection within the city unless otherwise agreed. It shall be unlawful for any franchisee to discount or "kickback" funds to any city official or an agent or employee of the city. Franchisee retains the right to provide benefits, funds or gifts to any employee of the franchisee even if such employee is a city official or an agent or employee of such city. (Ord. 611, 2-10-1987, eff. 2-10-1987)