(A) Franchise granted. The franchise to be granted by the City of Schuyler, Nebraska, pursuant to this subchapter shall grant to the grantee the right, privilege, and franchise to collect and haul garbage, rubbish, and waste along and over the streets, easements and alleys, public ways, and public places not laid out or dedicated and all the extensions thereto and additions thereto in the City of Schuyler. Grantee is further granted the right and privilege to operate and maintain a business enterprise within the City of Schuyler, Nebraska, for the purpose of refuse hauling and to provide garbage, rubbish, waste, and refuse disposal for the residents and inhabitants of the City of Schuyler.
(B) Franchise may be exclusive or nonexclusive; duration of grant.
(1) The franchise granted under the terms of this section may be either exclusive or nonexclusive as in the opinion of the City Council will serve the public interest. If the franchise granted is nonexclusive, the term of the grant shall be for a period not to exceed ten years. If the franchise granted is exclusive, the term of the franchise granted shall not be for a period of time exceeding five years. Any franchise may be renewed for additional terms as in the opinion of the City Council will serve the public interest, but each period of renewal shall not exceed the time limitations provided for the initial grant as set forth herein.
(2) Any franchise granted shall be subject to the conditions and restrictions as hereinafter provided and further provided that the Mayor and City Council shall have the right to review the franchise periodically at the time as the Mayor and City Council may from time to time elect to do so and as provided herein.
(C) Franchise rights subject to police powers.
(1) Pursuant to the provisions of the Nebraska Integrated Solid Waste Management Act, the City of Schuyler is responsible for the sale and sanitary disposal of solid waste generated within the corporate limits of the city. The franchise granted herein shall obligate the franchisee to conduct its business consistent with the Nebraska Integrated Solid Waste Management Act, and all other state and federal laws, rules, and regulations, dealing with the disposal of solid waste. The franchisee shall further act in a manner consistent with any contracts entered into by the city dealing with the disposal of solid waste. Any agreement entered into between the city and a franchisee shall be subject to alteration at any time so that the terms contained therein are consistent with the Nebraska Integrated Solid Waste Management Act, along with any other state and federal rules and regulations, as presently exist, or as may hereinafter be adopted or amended.
(2) In accepting a franchise, the franchisee acknowledges that it will act consistent with all applicable state and federal rules and regulations dealing with solid waste, including the Nebraska Integrated Solid Waste Management Act, and further the franchisee will indemnify the city for any liability that may incur to the city by reason of the franchisee’s failure to act in accordance with applicable state and federal laws, rules, and regulations.
(3) In accepting any franchise granted herein, the grantee acknowledges that all rights hereunder are subject to the police power of the city to adopt and enforce general ordinances necessary to the safety and welfare of the public, and the grantee agrees to comply with all applicable general laws and ordinances enacted by the city pursuant to the powers.
(D) Prohibited acts. It shall be unlawful for any person, business, or entity to use the streets, easements, alleys, public ways, and public places for the purpose of collecting and/or hauling garbage, waste, rubbish, or refuse for another when any compensation is to be received by the person, business, or entity unless the person, business, or entity has first applied for and received a franchise under the terms of this chapter.
(E) Rates. Prior to the grant of any franchise under the terms of this chapter, the grantee shall file with the city a schedule of rates to be charged to customers. The rates shall be approved by the City Council as part of the grant of franchise. Grantee shall be authorized and allowed to increase the rate structure by not more than an average annual 5% to cover normal increases in operating costs during the term of this franchise, without City Council approval. Any increases above 5% shall be approved by the City Council in advance of the rate adjustment. In approving rates, the city shall specifically take into consideration fees charged by solid waste disposal facilities approved by the city.
(F) Reevaluation. Reevaluation meeting with the grantee may be held at any time during the term of the franchise. All the reevaluation meetings shall be open to the public and grantee shall receive not less than ten-days’ notice of any such meeting. At any such meeting, the franchise operation may be discussed, including service rate structures, services provided, customer complaints, removal or hauling of any unusual or uncommon refuse, and any other topics as may be decided upon by the City Council and notice of which are given to the grantee as part of the notice of any meeting.
(G) Cancellation and termination.
(1) The City Council may cancel the franchise conferred by this chapter at any time prior to its expiration date upon a finding that the franchisee has:
(a) Materially breached the terms and conditions of this franchise subchapter or any franchise agreement, whether by act or omission; or
(b) Failed to provide customers and users with adequate service in the best interest of the public convenience and welfare.
(2) No termination shall take place unless the franchisee has been given 30-days’ notice of the proposed cancellation, and a public hearing for that purpose has been afforded the franchisee before the City Council. Notice of the public hearing shall be given to the public at least seven days prior to the public hearing.
(3) A material breach shall include, but not be limited to, failure of the franchisee to act in compliance with all applicable state and federal statutes, rules, and regulations dealing with the disposal of solid waste, including the Nebraska Integrated Solid Waste Management Act, and the failure of the franchisee to abide by the terms of the franchise agreement entered into between the franchisee and the city.
(H) Transfers and assignments. The grantee operating under this chapter shall not be permitted to sell, lease, sublease, transfer, or otherwise change control of the franchise herein granted without prior written consent of the City of Schuyler, Nebraska; no sale or transfer thereof shall be effective until the vendee, assignee, or lessee files in the office of the City Clerk an instrument duly executed reciting the facts of the sale, assignment, or lease accepting terms of the franchise and agreeing to perform all of the conditions thereof.
(I) Customer complaints. Grantee shall keep a record or log of any and all complaints from customers which shall include the name, address, and phone number of the customer and generally describing the complaint, which record shall be generally available for examination by the Mayor upon request.
(J) Emergency powers. If the best interest of the health and welfare of the citizens of the city should warrant it, the city shall have the power to suspend any franchise granted under the terms of these provisions for a period of up to 45 days. This suspension may take place without notice to the franchisee, if in the opinion of the City Council an emergency situation should exist. In lieu of suspending a franchise under the terms of these provisions, the city may simply convert an exclusive franchise into a nonexclusive franchise for a period not to exceed 45 days.
(1972 Code, § 10-437) (Ord. 838, passed 2-23-1994) Penalty, see § 113.999