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In the maintenance and operation of its collection and disposal system in the streets, alleys, and other public places, and in the course of any new construction or addition to its facility, the franchisee shall proceed so as to cause the least possible inconvenience to the general public.
(Ord. -2000, passed 2-21-2000)
(A) In addition to any other franchise requirements hereunder or made or adopted herein as provided, the following requirements shall apply to any franchise granted hereunder.
(1) In consideration of the granting and exercise of the franchise herein, and in further consideration of the grant to the franchisee the right to make use of the public streets, alleys, or other public ways in the city, since such public properties are valuable properties acquired and maintained at great expense to the taxpayers of the city, and the grant to the franchisee of the right to use same is a valuable property right, without which the franchisee would be required to invest substantial capital in right-of-way costs and acquisitions, the franchisee shall pay to the city, during the entire life of the franchise, a sum equal to no less than 3% of the franchisee’s gross revenues received from collection and disposal services generated within the corporate limits, to be paid as set out in the contract.
(2) Any franchise payments to the city by the franchisee shall not be in lieu of any occupational, income, license, or property tax, or similar levy, assessment, fee, or charge which would otherwise apply to be payable by the franchisee.
(3) (a) The franchisee shall file with the City Clerk/Treasurer, and shall thereafter, during the entire term of this franchise, maintain, in full force and effect, a corporate surety bond, or other adequate surety agreement, in the amount and kind specified in the contract and conditioned that in the event the franchisee shall fail to comply with any one or more of the provisions of the franchise, then there shall be recoverable, jointly and severally, from the principal and surety, any damages or costs suffered or incurred by the city, or by any customer of any action or proceedings, and including the full amount of any compensation, indemnification, cost of removal of any property, or other costs which may be incurred to the principal amount of such bond.
(b) Said condition shall be a continuing obligation during the entire term of this franchise, and thereafter, until the franchisee shall have satisfied, in full, any and all obligations to the city and any of its customers hereunder, or other person or entity, which arise out of, or pertaining to, this franchise.
(c) Neither the provisions of this section, nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance by the franchisee or limit the liability of the franchisee under any franchise issued pursuant to this subchapter.
(4) Upon acceptance of such franchise, the franchisee shall file with the City Clerk/Treasurer, and shall thereafter, during the entire term of such franchise, maintain in full force and effect a single limit comprehensive liability policy of insurance with limits of not less than $500,000 each occurrence and $1,000,000 aggregate, and which shall insure the franchisee, and shall provide primary coverage for the city, its officers, boards, commissions, agents, and employees against liability for loss or damage occasioned by any activity or operation of the franchisee under such franchise, and which shall contain and include a standard cross-liability endorsement thereto.
(5) The franchisee shall indemnity and hold harmless the city, its officers, boards, commissions, agents, and employees against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages, or costs or liabilities (including costs or liabilities of the city with respect to its employees) of every kind and nature whatsoever, including, but not limited to: damages for injury or death; damage to persons or property, and regardless of the merit of any of the same, against all liability to others; and against any loss, costs, and expense resulting or arising out of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense, or other costs or expense arising out of or pertaining to actions of the franchisee in the exercise or the enjoyment of any privilege hereunder by the franchisee, of the granting thereof by the city.
(6) (a) The franchisee shall, at its sole risk and expense, upon demand of the city made by and through the City Attorney, appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative, or otherwise, brought, institute, or had by third person or duly constituted authorities against or affecting the city, its officers, boards, commissions, agents, or employees, and arising out of, or pertaining to, action of the franchisee in the exercise or the enjoyment of such franchise, or the granting thereof by the city.
(b) The franchisee shall pay, and satisfy, and shall cause to be paid and satisfied, any judgment, decree, order, directive, or demand rendered, made, or issued against the franchisee, the city, its officers, boards, commissions, agents, or employees in any of these premises, and such indemnity shall exist and continue without reference to, or limitation by, the amount of any bond, policy of insurance, deposit, undertaking, or other assurance required hereunder, or otherwise; provided, that neither the franchisee nor city shall make or enter into any compromise or settlement of any claim, demand, cause of action, action, suit, or other proceeding without first obtaining the written consent of the other.
(7) The franchisee shall abide by all provisions of this franchise, and shall further agree that it will not, at any future time, set up as against the city the claim that the provisions of this franchise are unreasonable, arbitrary, or void.
(B) The franchisee shall provide the highest and best service in accordance with accepted standards of the industry, shall maintain a convenient place to be open at reasonable hours for the purposes of paying bills and transacting business with the public, and further, shall keep and maintain such personnel as reasonably necessary to provide the service so franchised and to respond to customer complaints and to correct defective service.
(Ord. -2000, passed 8-21-2017) Penalty, see § 10.99
The solid waste collected by the franchisee shall be disposed of in a manner complying with all city ordinances, state laws and regulations, and all federal laws and regulations pertaining to the disposal of solid waste trash and garbage. No solid waste shall be burned, except in an incinerator complying with all city ordinances pertaining to incinerators, and complying with all applicable state laws and regulations and all federal laws and regulations.
(Ord. -2000, passed 2-21-2000) Penalty, see § 10.99
(A) It shall be duty of the Mayor, as soon as practicable after the passage of this section, to offer for sale at public auction the franchise and privileges involved herein. Said franchise shall be sold to the best available bidder.
(B) The City Clerk/Treasurer shall give notice by advertising, pursuant to KRS Chapter 424, for request for bids and the time for receipt of same. Any utility subject to the terms and provisions of this subchapter may provide for in its bid any special or extraordinary matters or circumstances which relate or apply to its particular business; all subject, however, to the right of rejection of any such bid by the city.
(C) (1) After the time set for receipt of bids hereunder, the Mayor shall report and submit to the City Council, at the time of its next regular meeting, the bids and proposals for its approval. The City Council reserves the right for and on behalf of the city to reject any and all bids for said franchises and privileges, and the City Council may direct that said franchise or franchises to be again offered for sale from time to time, until a satisfactory bid or bids shall be received and approved.
(2) Each such bid shall be accompanied by a deposit, and each bidder shall post bond in accordance with the provisions of KRS 96.020; provided, however, that such deposit and bond need not be made by any bidder which owns and operates within the corporate limits of the city, as the plant and equipment are sufficient to render the service or services required by this subchapter. Upon receipt of a bid or bids, the city may negotiate further specific terms of any franchise agreement hereunder.
(Ord. -2000, passed 2-21-2000)