[Adopted 5-2-1955 by Ord. No. 96]
[Amended 5-19-1994 by Ord. No. 310]
A franchise is hereby created and granted and ordered to be
sold for a period of 12 years and 11 months, to establish, acquire,
maintain and operate a solid waste and recyclable materials collection
and sanitary disposition thereof system in the City of Hayward, State
of Wisconsin, for both public and private purposes, with rights-of-way
and privilege of use of both streets and alleys for the above purposes
in accordance with the conditions, terms and limitations of this article.
The City Council, by resolution, may modify said franchise term as
it sees fit where one or more extensions of this franchise are in
the best interests of the City and/or if and where additional franchises
are granted pursuant to this article, as amended.
[Amended 5-19-1994 by Ord. No. 310]
It shall be the duty of the Council as soon as practicable after
the passage of this article to enter into a contract effecting the
sale of the franchise created hereby and the said Council shall have
the privilege to sell said franchise to any person suitable to hold
such franchise in the discretion of said Council and at such price
as the Council may deem suitable in its discretion and the sale of
said franchise shall be for cash and on the payment of the purchase
price and passage of a resolution of approval by the Council, the
franchise or privilege provided herein shall immediately vest in such
purchaser or franchisee. The terms of such privilege, franchise or
right shall be for the period of 12 years and 11 months, but the privilege
so granted shall not be exclusive for the whole or any part of said
period of time.
[Amended 5-19-1994 by Ord. No. 310]
When the Council shall have awarded said franchise or privilege
and shall have approved the same as herein provided, the purchaser
or franchises holder shall, within 10 days after the approval of the
sale of said franchise by the Council, commence the collection of
solid waste and recyclable materials, in good faith, and by workable
and sanitary means, along routes to be agreed upon by the purchaser
and the Council. Said system and collection to extend to all parts
of said City. In case any such franchise holder shall fail to commence
and complete the system and collection within the time herein provided,
the franchise or privilege shall, at the option of the Council become
forfeited, and the Council may declare the franchise or privilege,
together with any bond that may be declared necessary in any future
ordinance, forfeited, and may again offer the franchise or privilege
for sale as provided herein.
[Amended 5-19-1994 by Ord. No. 310]
Any person, firm or corporation owning and/or exercising such
franchise or privilege, may sell, assign or transfer the same, but
only on the written legal consent of the Council of this City, and
in any such sale, none of the terms and provisions of this article
shall be modified, changed, evaded or nullified, and in case this
is done, then the Council of the City of Hayward, shall be authorized
to declare the same forfeited, and in the event any such sale or transfer
through combination, absorption, collusion or cooperation of the seller
with the buyer, or of the buyer with the seller, results in the increase
of rates, or the discontinuing of collection of solid waste and recyclable
materials required hereunder, then the City of Hayward, by the Council,
shall have the right to declare said franchise forfeited to the City
of Hayward.
A.
The purchaser of said franchise, his or its associated, successors
and assigns, shall have the rights and privileges and power to use
the streets of the City, its alleyways and its passageways to collect
solid waste and recyclable materials.
[Amended 5-19-1994 by Ord. No. 310]
B.
All collections of anything shall be made with the least practical
delay and inconvenience to the public or individuals.
C.
No obstructions may be placed by the purchaser or his or its assigns
in the streets, sidewalks, alleyways and passageways of the City without
consent of the Council.
D.
The owner or holder of this franchise shall be liable for all injuries
and damages to persons or property occasioned by any other manner
of collection than set out herein or by carelessly obstructing said
streets, avenues, alleys, lands or public places for the aforesaid
purposes.
E.
The holder of this franchise shall always use the backways and alleyways
for collection of solid waste and recyclable materials wherever possible.
[Amended 5-19-1994 by Ord. No. 310]
[Amended 5-19-1994 by Ord. No. 310]
The holder of this franchise shall collect all solid waste and
recyclable materials from parties availing themselves of the use of
the system when such solid waste and recyclable materials are put
in receptacles designed as proper by ordinance and these receptacles
are placed in the proper places on properties as designated by the
City Council. And the Council reserves to itself the permanent right
and authority to be able to designate just what solid waste and recyclable
materials are and what must be collected by the holder of this franchise.
The definition of solid waste and recyclable materials may be made
by the City by ordinance, and such an ordinance may be subject to
change by the Council. However, it is agreed and understood that fallen
trees are not to be considered solid waste or recyclable materials,
but customers of this system and the holder of the franchise may contract
with each other for the removal of trees, fallen or otherwise, should
they desire, and the pay for this service will be separate and apart
from the rate charged for the collection of solid waste and recyclable
materials. Wooden boxes, paste board cartons, etc., that merchants
have and collect from day to day in routine of business shall be considered
solid waste.
[Amended 5-19-1994 by Ord. No. 310]
Nothing in this article shall be deemed as making it mandatory
for any person to use this system where he properly or legally disposes
of his solid waste and recyclable materials by other means as long
as he abides by sanitation laws, ordinances and statutes on the subject.
No other system of collection, person, company or firm may charge
for the collection of solid waste and recyclable materials except
the holder of this franchise.
The holder of this franchise shall not have the right of condemnation
or of eminent domain.
The holder of this franchise must comply exactly with all existing
ordinances, statutes and codes and must follow strictly such procedure
of operation as to be sanitary and not be a nuisance or discredit
to the City. He must make collections as necessary from all parts
of the City and the necessity of time, manner and rate of collection
may be decided by the Council as long as said decisions are not unnecessary
and spiteful. However, collections will be made daily in the business
area of the City, including outlying restaurants and groceries stores,
and for such other business as require a daily collection.
[Amended 5-9-1994 by Ord. No. 310]
It shall be unlawful for any person, firm or entity to pick
up the solid wastes, trash or recyclable materials of any resident
or business located within the corporate limits of the City of Hayward
unless such person, firm or entity, has been granted a franchise under
the terms of this article, as amended by this article and unless said
person, firm or entity is properly licensed by the State of Wisconsin.
Each such unlawful pickup shall be deemed to be a separate offense
for the purposes of enforcement of this article.
Should any state laws be passed making any state commission
of the State of Wisconsin have any authority over the holder of this
franchise or such a collection service, then the work necessary to
prepare any records, rates, copies of ordinances, et cetera, to comply
with such laws and regulations shall be done by the holder of this
franchise at his expense.
[Amended 5-9-1994 by Ord. No. 310]
A.
The holder of this franchise shall have the entire burden and responsibility
for disposing of solid waste collected and shall dispose of the same
at a state-licensed solid waste facility as per the meaning specified
in § 289.01(35), Wis. Stats., at no additional expense to
the City of Hayward. At the time of enactment of this article, the
City has a contract for the disposal of solid waste with Lake Area
Disposal, Inc., Sarona, Wisconsin. The franchise holder shall comply
with the terms of said contract and any extension or replacement thereof
or with any alternate contract for disposal with any landfill site
that may be under contract with the City in the future. Said holder
shall obey all laws and regulations regarding the disposal of the
same and shall not make or cause a nuisance. Should any suit for damages
be brought against the City for anything having to do with the collection
of solid waste and the disposal thereof, then the holder of this franchise
will defend the same and will be liable for any judgment obtained,
including all reasonable costs, including attorney fees, and will
save the City therefrom, reimbursing the City for any and all expenses
thereunder.
B.
The franchise holder shall have the obligation to dispose of all
recyclable materials pursuant to the laws of the State of Wisconsin
at no cost to the City of Hayward, with all expenses incurred being
the expenses of the holder of this franchise and any profits derived
for such disposal being the profits of the holder of this franchise.
The franchise holder may, in writing with a copy of same submitted
to the City, "sublicense" other licensed haulers, for the pickup and
disposal of one or more of the types of recyclable materials or, as
an alternative, any properly state licensed hauler/processor of recyclable
materials may apply for and may be granted a limited franchise hereunder,
for the hauling of and proper disposal of one or more specific types
of recyclable materials. Such a limited franchise may be granted at
the sole discretion of the City Council. The City Council may, in
its sole discretion, grant additional franchises or limited franchises
which, in the opinion of the City Council, furthers and/or protects
the interests of the City. The City may impose specific terms, conditions,
restrictions and requirements, including but not limited to bonding,
hours of operation, types of equipment, pickup locations, routes of
travel and any other provisions which are in the best interests of
the City.
C.
As a minimum requirement, each franchise holder shall carry liability
insurance in an amount of not less than $1,000,000, and the City shall
be listed as an insured party thereon. A certificate of insurance
evidencing the existence of said insurance shall be furnished the
City of Hayward prior to any and all operations within said City.
Failure to comply with this provision may, at the option of the City
of Hayward Common Council, summarily void any franchise granted by
this article, as amended. The City may increase the limits of liability
by resolution at any time.
The holder of this franchise set forth herein and granted by
this article shall charge the customers monthly rates for collection
service, the same to be set and agreed upon by the City Council of
the City of Hayward. It is agreed that resolutions will be passed
by the City Council setting out rates to be charged from the date
of commencement of collection, and these resolutions shall be continued
to be passed for two-year periods according to the discretion of the
City Council during the term of this franchise. The reasonableness
of rates to the citizens of this City consistent with allowing a good,
fair profit to the holder of the franchise for his investment and
services shall guide the making of the rates. In order to ascertain
what profit the holder of the franchise is making, said franchise
holder will submit an annual profit and loss statement and balance
sheet on December 31 of each year. Financial records of said franchise
holder shall be subject to audit by the City Auditor each year, expense
thereof to be paid by the City. In order to facilitate the audit,
bookkeeping records will be set up by the franchise holder as per
instructions of the City Auditor.
[Amended 5-19-1994 by Ord. No. 310]
Sanitary laws necessary for the prompt and efficient collection
of solid waste and recyclable materials, especially ordinances designating
the type and kind of containers solid waste and recyclable materials
must be kept in, will be passed by the Council from time to time.
Before any application can be made by the holder of a franchise
hereunder for a revision of rates, the holder of the franchise shall
first make application to the Council for a revision, which application
shall either be rejected or granted by the Council within 60 days,
during which time the holder may have a hearing before the Council.
But during said hearing or trial, if such be the case, the holder
must charge the rates as set by the Council.
The City of Hayward shall not be responsible in any way for
the collection of 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 a place of business. The holder of the franchise shall charge
for services or collections at the end of each month and shall collect
for the same in ordinary and customary business procedure.
[Amended 5-19-1994 by Ord. No. 310]
The holder of the franchise shall do all things necessary to
give the City of Hayward a good and efficient collection of solid
waste and recyclable materials and shall operate for the common good,
benefit, health, welfare and need of its citizens. The holder shall
keep and maintain enough equipment to satisfactorily do the job which
this franchise calls for. If this section is violated consistently,
then the Council may forfeit this franchise.
The operator under this franchise shall have the right to stop
or "cut off" collection service to patrons who have not paid their
bills for such service as long as such stoppage or ceasing of service
is reasonably used and is consistent with good business practice.
[Added 5-19-1994 by Ord. No. 310]
As used in this article, the following terms shall have the
meanings indicated:
Any and all materials that may be specified from time to
time by the City of Hayward or by the State of Wisconsin as being
materials that shall be recycled.
The meaning specified in § 289.01(33), Wis. Stats.
[Added 5-9-1994 by Ord. No. 310]
The removal from the City of Hayward of demolition materials
(materials authorized to be placed in a state licensed demolition
site) is hereby specifically excluded from regulation under the terms
of this article, as amended by this article.
[Added 5-9-1994 by Ord. No. 310]
Any person, firm or entity violating this article shall forfeit
the sum of not less than $200 nor more than $1,000, plus court costs,
costs of prosecution and attorney fees.
[Added 5-9-1994 by Ord. No. 310]
A.
With respect to the City of Hayward, issuance of citations under
§ 66.0113, Wis. Stats., is hereby authorized and this article
is hereby amended to include the use of the citation form for this
article.
B.
The Clerk of Circuit Court, Sawyer County, Wisconsin, shall have
the authority to accept cash deposits for forfeitures and/or bond
pursuant to the schedule set forth below, or as ordered by the Circuit
Court for Sawyer County:
(1)
First alleged offense: $200 plus court costs and court assessments
and costs of prosecution.
(2)
Second alleged offense: $300 plus court costs and court assessments
and costs of prosecution.
(3)
Third alleged offense (within one year): $500 plus court costs and
court assessments and costs of prosecution.
