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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)
The contractor shall adhere to these provisions:
(A) The governing body shall require the contractor to maintain insurance coverage by insurers acceptable to the governing body and with limits of liability specified by the county. The governing body shall be named an additional insured on all policies.
(B) Provision of solid waste containers shall be the responsibility of the contractor. Placement of these containers in a proper location for waste collection shall be the responsibility of the customer. The coordinator or the contractee shall oversee any dispute between the contractor and the customer over container placement.
(C) The contractor shall be responsible for all customer billing.
(D) The contractor shall be responsible for all customer service and notifications.
(Ord. KOC 24-830-409, passed 5-21-2024)
A solid waste collector granted a franchise under this subchapter shall give 90 days written notice to the governing body before abandoning the franchise or transferring under new ownership. The governing body may terminate or suspend all or any portion of a franchise for consistent failure to comply with any provision of this chapter or the terms of the agreement. Termination or suspension may be justified by the governing body for failure to render prompt and effective service, or failure to comply with authorized fee schedules. Collection services will continue by the terminated or suspended contractor until the execution of a new contract is complete or the terms of the suspension are resolved. Failure to continue said service will result in $1,000 per day penalty. The contractor may appeal for mediation at their own expense within 30 days of termination notice.
(Ord. KOC 24-830-409, passed 5-21-2024)
STORAGE OF SOLID WASTE BY GENERATORS
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