(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COLLECTOR. The entity with which the city enters into an agreement for the purposes of awarding the city’s solid waste collection and disposal franchise agreement.
HAULERS. All providers of solid waste collection and disposal services other than the collector who provides such services within the city boundaries.
(B) The city, acting by and through its City Commission, and in accordance with the provisions of this code, approved a solid waste collection and disposal franchise agreement. The agreement is specifically made a part hereof as Appendix A to Ordinance 1016, and a copy of same will be maintained at the City Clerk’s office at City Hall.
(C) Pursuant to the agreement, the city has granted the collector the following rights and obligations to provide solid waste collection and disposal services:
(1) The exclusive right and obligation to provide solid waste collection and disposal services within the city boundaries, present and future, for all residences, duplex, triplex, and multi-dwelling units using curbside service;
(2) The non-exclusive right to provide solid waste collection and disposal services within the city boundaries for all existing condominium units or additions to condominium units in existence on February 1, 1992, located within the city which use bulk containers for their solid waste collection and disposal;
(3) The exclusive right to provide solid waste collection and disposal services to any newly annexed areas within 24 hours after official written notification by the city;
(4) The exclusive right and obligation to provide solid waste collection and disposal services within the city boundaries, present and future, for all residential curbside, and all apartment, condominium, business, industrial and commercial establishments, that are certified for occupancy after February 1, 1992, and governmental establishments to the extent permitted by law, provided, however, that a certificate of occupancy issued as a result of remodeling with no change in ownership of the property shall not require the customer to change to collector except for construction/remodeling demolition and debris created thereby;
(5) The exclusive right and obligation to provide solid waste collection and disposal services within the city boundaries for all construction or remodeling demolition and debris within the city; and
(6) As of February 1, 1992, the exclusive right and obligation to provide solid waste collection and disposal services within the city boundaries for: collector’s existing customers; customers/property owners in the city that have a change in ownership; and customers/property owners whose contract for solid waste collection and disposal services expires and is not renewed with the same provider.
(D) The collector is authorized to use the public streets, roads, alleys and other thoroughfares in the performance of the agreements set forth in the agreement and this subchapter.
(E) The collector shall refrain from and take all necessary steps to prevent the spilling of any solid waste in the process of collection, transporting and disposing of same.
(Ord. 1016, passed 11-4-92; Am. Ord. 1411, passed 6-19-02)