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713.05 ASSIGNMENT OR TRANSFER OF FRANCHISE.
   Any person, firm or corporation owning or exercising such franchise or privilege may sell, assign or transfer the same, but only on the written consent of the City acting by ordinance approving said assignment or transfer. In any such sale, none of the terms and provisions of this chapter shall be modified, changed, evaded or nullified, and in case this is done, Council shall have the right to declare same forfeited. In the event any such sale or transfer through combination, absorption, collusion or cooperation of the seller with the buyer, or the buyer with the seller, results in the increase of rates, or the discontinuing of collection of garbage and refuse required hereunder, the Council of the City of Wauseon shall have the right to declare the said franchise forfeited.
(Ord. 1997-13. Passed 5-5-97.)
713.06 USE OF STREETS, ALLEYS AND RIGHTS OF WAY.
   (a)   The holder of said franchise, his or its associates, successors and assigns, shall have the rights, privileges, and power to use the dedicated rights-of-way to collect garbage and refuse.
   (b)   All collections of refuse, garbage or other material shall be made with the least practical delay and inconvenience to the public and individuals.
   (c)   No obstructions may be placed by the bidder or his or its agents or assigns in the streets, sidewalks, alleyways, and passageways of the City without the consent of the Director of Public Service.
   (d)   The holder of this franchise shall use a street curb collection for said garbage and refuse. Alleys may be used for said collections whenever it would be more convenient for collection of garbage and refuse.
(Ord. 1997-13. Passed 5-5-97.)
713.07 COLLECTION REQUIREMENTS.
   The holder of this franchise shall collect all garbage and refuse from parties availing themselves of the use of the system when such garbage and refuse are put in receptacles designated as proper by ordinance and these receptacles are placed on the properties as designated by ordinance. The Council reserves the right and authority to designate what constitutes garbage and refuse and what material must be collected by the holder of this franchise. The definition of garbage and refuse is subject to change by the Council at any time and from time to time.
(Ord. 1997-13. Passed 5-5-97.)
713.08 DEFINITIONS.
   (a)   For the purpose of this chapter, the following definitions shall apply and the words and phrases shall have the meaning respectfully ascribed to them.
      (1)   “Garbage” means all putrescible wastes except of the human body and other water carried wastes and shall include all vegetable and animal wastes resulting from handling, preparation, cooking and consumption of foods. Any containers, except broken glass, that have contained goods or liquids for consumption by humans or other being shall also be classified as garbage.
      (2)   “Refuse” means ashes, crockery, bottles, cans, paper, and other wood pulp products, boxes, rags and other cut vegetation, old or discarded clothing, bedding, rubbish, dirt, old or scrap copper, brass, rope, batteries, pipe, scrap iron, steel or other ferrous or non-ferrous materials, automotive parts and all other similar non-putrescible wastes other than those included in the definition of garbage.
         A.   However, it is agreed and understood that broken glass, except as properly wrapped to prevent cutting of the refuse bags, and fallen trees and any other material or item that cannot be placed within the refuse bags and securely tied for collection thereof are not to be considered refuse, but customers of this system and the holder of the franchise may contract with each other, if they so desire, for the removal of such trees, broken glass and other material and items not considered herein as refuse for collection under the franchise. Pay for this service will be separate and apart from the rates charged for collection of garbage and refuse to the City of Wauseon.
         B.   Wooden boxes, pasteboard cartons, etc. that merchants have and collect from day to day in routine of business shall not be considered refuse.
   (b)   However, notwithstanding the above provisions contained within this Section, the City reserves the right to service City of Wauseon property at all times and unlimited pick-up within the City not more than three times per calendar year. Unlimited pick-up is defined as leaves plus anything other than garbage and refuse as defined in this chapter. In addition, the City maintains exclusive right at any time to pick up dead limbs, trees and other vegetation and storm related debris.
(Ord. 1997-13. Passed 5-5-97.)
713.09 ALTERNATIVE DISPOSAL.
   Nothing in this chapter shall be deemed as making it mandatory for any person to use this system where he properly or legally disposes of his garbage and refuse by other means and provided he abides by sanitation laws, ordinances, and statutes on the subject. However, no other system of collection, person, company, or firms may charge for the collection of residential garbage and refuse except the holder of this franchise.
(Ord. 2007-07. Passed 11-15-07.)
713.10 CONDEMNATION; EMINENT DOMAIN.
   The holder of this franchise shall not have the right of condemnation or eminent domain.
(Ord. 1997-13. Passed 5-5-97.)
713.11 COMPLIANCE REQUIRED; ASSESSMENT.
   (a)   The holder of this franchise must strictly comply with all existing ordinances, statutes and codes and must follow such procedure of operation as to be sanitary so as not to be a nuisance or to discredit the City. Said holder must make all residential collections on specified days each week, unless said specified day is a holiday. In the event said specified day is a holiday, collection shall occur the following day. The holder shall select and specify days for residential collections and said specified days shall remain the same during the period of this franchise. Said holder shall be subject to a one hundred dollar ($100.00) per day assessment for not picking up as stated herein, unless cause for said delay is given on the day pick-up is to occur, to the Code Administrator and accepted by said Code Administrator as valid. Pick-up shall then occur the following day or the same procedure shall apply.
   (b)   The Code Administrator may require the reason for failure of service to be submitted in writing. In the event the Code Administrator rejects the written justification and the holder believes said justification to be valid, said matter shall be referred as soon as possible to an agreed upon third party for determination. Said parties agree to be bound by the decision of said third party.
   (c)   In the event said Code Administrator is unavailable, said franchisee shall contact the Mayor, Finance Director, Director of Public Service or City Law Director in that order and the same procedure shall apply.
   (d)   Said one hundred dollar ($100.00) per day assessment may be deducted by the City from the performance bond.
(Ord. 1997-13. Passed 5-5-97.)
713.12 EXTENSION OF SERVICE.
   The holder of this franchise shall be allowed the right to extend the collection service to residents outside of the City limits and at any rates agreed on by the franchisee and those customers, but this service shall not be allowed to interfere with the sanitary, prompt and efficient collection of garbage and refuse in the City.
(Ord. 2007-07. Passed 11-15-07.)
713.13 RESPONSIBILITY FOR PROPER DISPOSAL.
   The holder of this franchise shall have the entire burden and responsibility of disposing of garbage and refuse collected and shall comply with all laws regarding the disposition of same. Said holder shall obey all laws and regulations regarding disposal of same and shall not make or cause a nuisance. Should any suit for damages or injunctive relief be brought against the City for any occurrence resulting from the collection of garbage or refuse and the disposal thereof, the holder of this franchise shall defend same, be liable for any judgment obtained and shall save the City harmless therefrom and pay the costs of any defense for the City (including attorney fees) necessitated by said suit.
(Ord. 1997-13. Passed 5-5-97.)
713.14 SANITARY LAWS.
   Sanitary laws necessary for the prompt and efficient collection of garbage and refuse, especially ordinances designating the type and kind of containers for refuse and garbage disposal, may be passed by the Council from time to time.
(Ord. 1997-13. Passed 5-5-97.)
713.15 SPECIAL CONTRACTED CHARGES.
   The City shall not be responsible in any way for the collection of commercial or special contracted charges and rates by the holder of the franchise nor is it to be under any obligation to provide the holder with an office or place of business.
(Ord. 1997-13. Passed 5-5-97.)
713.16 PERFORMANCE STANDARDS.
   (a)   The holder of the franchise shall do all things necessary to provide the City a good and efficient collection of garbage and refuse and shall operate for the common good, benefit, health, welfare and needs of its citizens. The holder shall keep and maintain equipment sufficient to satisfactorily complete the job for which this franchise calls. The holder of the franchise, in the collection and removal of refuse and garbage, shall use a vehicle which shall have a sanitary steel bed construction with steel covers or metal lined beds with either a sanitary steel or metal lined cover or in tightly covered metal tanks or cans, which shall be non-leakable.
   (b)   The franchisee shall service all citizens in the City of Wauseon, Ohio using the imprinted refuse tags.
(Ord. 1997-13. Passed 5-5-97.)
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