No person, firm, or corporation shall engage in the business of collecting or removing MSW, Recyclables, Bulky Wastes, Yard Wastes, SSOM, or construction/demolition wastes within the City without first having obtained a license from the City Council. Such license shall be issued by the Council for a period of 1 year under the conditions prescribed within this chapter and upon payment of a license fee in accordance with the current city fee schedule, as amended. or such other fee as may be established by resolution of the City Council from time to time. A license so issued may at the sole discretion of the city be renewed annually upon the payment of such fee and upon approval by the city. No licensee pursuant to this chapter shall acquire vested rights in a license. The city may, upon finding that public necessity requires, establish other means of MSW, Recyclables, Bulky Waste, Yard Waste, SSOM or construction/demolition wastes collection. The City Council may for cause revoke or refuse to renew any license issued hereunder; the violation of any provisions of this chapter by the licensee shall be cause for the revocation or refusal to renew the license. If the county revokes or suspends any Hauler's license, the city license, in case of revocation, shall be automatically terminated without any further action of the city, or, in case of suspension, the city license shall also be automatically suspended for the same length of time, without further action of the city.
(A) Any person desiring to be licensed as a licensed Hauler shall make application to the city on a form prescribed by the city. Each licensed Hauler operating under a separate name or identity, whether as parent/subsidiary or brother/sister organizations or as an independent organization, shall apply for and obtain a separate license prior to collecting MSW, Recyclables, Bulky Wastes, Yard Waste, SSOM, or construction/demolition wastes.
(B) No license shall be issued until the applicant files with the city a current policy of public liability insurance and property damage insurance upon each of the trucks or other vehicles to be used by the applicant in the licensee's Business. 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 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 on the city's approved form which verifies the existence of the insurance required, including provisions to hold the city harmless and defend and indemnify the city. 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. 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.
(C) The application shall include a list of equipment to be utilized by the collector. Each vehicle for which a collector's license is issued may be inspected by the city, at the city's discretion, for conformance with this chapter.
(D) In order to renew a Residential Dwelling/Recycling license, the licensee must submit to the city a list of all active accounts.
(E) No license shall be issued until the applicant files with the city a schedule of Volume Based Billing rates to be charged by the Hauler during the license period for which the application is made. Differences between rates charged for the various Garbage container sizes shall be sufficient to encourage Recycling and waste reduction in accordance with Minnesota Statutes and the Washington County Solid Waste Master Plan. Every licensee shall provide notification to the city and customers at least two weeks prior to any change in rates to be implemented during the licensed period. Failure to submit the rates in a timely manner shall render the changed rates void.