A. All solid waste from the entire confines of the city shall be placed for collection by the producer as provided for in this chapter, and such regulations as the council may approve, and shall be collected by a duly authorized franchisee or contractor in order to maintain and preserve the sanitation and thereby the health and welfare of the city.
B. The council reserves the right to issue a franchise to such franchisees as are necessary to carry out the terms of this chapter. The council reserves the right to award a franchise contract for the entire city or any portion thereof if deemed to be in the public interest. The council may advertise for proposals or bids to provide collection services and may award one or more franchises within the city based on cost and a subjective evaluation of the services offered by the proponent or bidder. The council may enter into a contract or contracts for solid waste services after reviewing and giving fair consideration to proponents.
C. The council shall charge a franchise fee or license fee to all franchisees. Said fee shall initially be set at five percent (5%) of gross receipts, but may be revised by the city council from time to time by resolution. Fees shall be payable on a monthly basis based on the licensee's gross revenue. Revenues retained by the city shall be used exclusively for costs related to the city's management of the solid waste system. Such revenues may be utilized for administration, code enforcement, maintenance of rights of way, cleaning programs and for costs incurred in enforcing this chapter. The council may waive a franchise fee where the franchisee is providing a public service worthy of such subsidy.
D. The city shall have the power to regulate the maximum rate which a franchisee may charge subject to the provisions contained in any agreement between the city and franchisee. Franchisees shall maintain records of estimated tonnage or yardage of solid waste hauled from the city through actual weighing of trucks or spot check weighing at reasonable intervals or estimated yardage. The city may require that franchisees be bonded and maintain minimum levels of liability insurance.
E. The city shall bill and collect all fees for solid waste collection within the city unless otherwise agreed. It shall be unlawful for any franchisee to discount or "kick back" funds or provide gifts to any producer, government entity or an agent or employee thereof. The city shall not be responsible for unpaid or bankrupt accounts. (Ord. 258, 1-19-1987)