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FRANCHISING
No person may engage in the business of residential and commercial solid waste collection by route in the Solid Waste Management Area (SWMA) unless they hold a franchise contract with a governing body within the county authorizing them to collect, transport, and dispose of solid waste. The Fiscal Court shall determine the area for which a franchise is granted for the county. Cities and homeowners associations (HOA) within the SWMA may have an agreement with the county contractor unique to the needs of their community.
Any governing body of a city or HOA within the SWMA, obligated by a franchise contract with a collector other than that of the Fiscal Court and in existence on January 31, 2025, may maintain their current contract until said contract expires. One hundred and eighty days before the contract expires, the governing body must seek to transition solid waste collection services with the Fiscal Court's franchise contractor, either through its own contract or under the Fiscal Court contract, in perpetuity. Any governing body within the SWMA of the county currently under contract with the Fiscal Court's current franchise contractor must adhere to the contractor selected by the Fiscal Court in perpetuity. Ultimately, the SWMA will have one franchise contractor serving various governing bodies under multiple contracts.
(Ord. KOC 24-830-409, passed 5-21-2024)
The Fiscal Court shall advertise and seek bid proposals from qualified waste collectors to serve the SWMA. A franchise contract shall be awarded which best serves the county in accordance with the specifications developed by the Fiscal Court. Specifications, qualifications, and the terms and conditions of awarded contracts shall be consistent with this chapter. The Fiscal Court may grant a franchise contract only upon finding that the contractor will render prompt, efficient, and continuing service to the area for which the franchise is granted and the contractor has sufficient equipment and personnel to render services to all residential, institutional, and commercial generators within the service area.
(Ord. KOC 24-830-409, passed 5-21-2024)
The Fiscal Court shall approve all fees for waste collection charged by the contractor. Cities and HOAs may approve fees unique to their agreement with the contractor. Fee schedules reflecting graduated fees over the renewal interval are requested at the time of contract renewal.
(Ord. KOC 24-830-409, passed 5-21-2024)
No later than February 1 of each year, the contractor shall submit to the Fiscal Court current proof of insurance coverage as specified in the franchise agreement. The contractor must comply with all permitting and reporting required by this chapter before engaging in the collection and disposal of solid waste.
(Ord. KOC 24-830-409, passed 5-21-2024)
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