GENERAL PROVISIONS
The County Solid Waste Management Plan 2018 to 2022, and any and all amendments and updates, are hereby adopted by reference and incorporated herein as if set out in full. The city supports the aforesaid plan’s Action Plan, Implementation Plan, and associated activities.
(Res. 3-2017, passed 8-21-2017)
FRANCHISES
(A) There is hereby created a franchise granting the right, privilege, and franchise for furnishing, and to furnish, to the city and to its citizens, residents, businesses, and industries, collection and disposal services for solid waste within the city, and such franchisee shall be granted the right to go upon or under the streets, alleys, or other public ways or places of the city to effect its franchise herein.
(B) (1) This franchise, granted herein by the city, shall only be exclusive for the services specified herein, and only to the extent permitted by applicable state and federal law; and the franchisee accepts the risk, if any, that the city may lack the authority to grant an exclusive franchise.
(2) Any franchise granted hereunder may be extended to newly annexed territory upon the same terms and conditions herein, subject to approval of the state regulatory authorities, if applicable.
(C) The franchisee shall execute a franchise contract with the city incorporating the terms of this subchapter, the request for proposals for residential and commercial waste collection and disposal, and any bid form and proposal submitted to the city by the franchisee (i.e., the “contract”).
(D) The franchise shall hereby not be transferred, assigned, nor delegated without the written consent of the city.
(Ord. -2000, passed 2-21-2000)
(A) (1) The franchise herein shall be for a term of two years, and may be extended for up to two additional two-year terms, up to a maximum term of six years.
(2) The franchise includes all terms of this subchapter, and all provisions of the contract documents referred to in the contract entered into by and between the franchisee and the city, pursuant to the terms hereof.
(B) The franchisee shall provide such services and shall charge such rates as are set out in the contract, and the rate in said contract may only be changed in the manner specified therein.
(C) Since the franchise established herein may be nonexclusive, in the event that other individuals, partnerships, corporations, or other entities provide collection and/or solid waste disposal services in the city, such individuals, partnerships, corporations, or other entities shall be subject to the following sections of this subchapter: §§ 54.17; 54.18(A)(1), (A)(2), (A)(4), and (B); and 54.19.
(D) Any utility, agency, or other entity providing services herein contemplated which is owned and operated by the city, or a subordinate agency thereof, is excluded from the terms and provisions hereof.
(Ord. -2000, passed 2-21-2000)
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