The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Contractor means an eligible company or entity.
(1996 Code, sec. 66-31)
The city shall grant a nonexclusive franchise to any eligible
company or entity to operate a garbage and refuse collection business
in the city. The contractor may solicit customers anywhere in the
city and may serve customers anywhere in the city. The contractor
may, at its option, limit its operation to any parts of the city,
in order to provide more efficient operation. No person may perform
the functions set forth in this article for profit or conduct the
garbage and refuse collection business without first having obtained
a franchise permit hereunder. The city administrator shall issue a
franchise permit to all qualified applicants who are granted a franchise
by the city council. The provisions of this article shall apply only
to the residential garbage and refuse collection business.
(1996 Code, sec. 66-32)
The contractor shall provide, in a good, workman-like manner,
the garbage and refuse collection services, which shall consist of
all supervision, materials, equipment, labor, and all other items
necessary to provide such services.
(1996 Code, sec. 66-33)
All complaints concerning service from residents shall be made
directly to the contractor and shall be given prompt and courteous
attention. In the case of alleged missed scheduled collection, the
contractor shall investigate and, if such allegations are verified,
shall arrange for the collection of the refuse not collected within
24 hours after the complaint is received.
(1996 Code, sec. 66-34)
The contractor shall provide an adequate number of vehicles
for regular collection services. All vehicles, bins, and other equipment
shall be kept in good repair, appearance, and condition at all times.
Each vehicle shall have clearly visible, on each side, the franchise
permit number and the name of the company and telephone number of
the contractor. Each vehicle used by the contractor in performance
of this franchise shall comply with all applicable federal and state
statutes, regulations and rules pertaining to safety requirements
and equipment. Each vehicle shall carry a fire extinguisher, a shovel,
a broom and a sufficient number of reflective safety triangle warning
devices.
(1996 Code, sec. 66-35)
Except as provided in article 22.03 of this code, all public streets other than Redbud Trail, Westlake Drive, and those designated as through truck routes within the corporate limits of the city shall be closed to garbage, refuse, rubbish, trash or solid waste collection vehicles which exceed 23 feet in total length, eight feet in total width, nine and one-half feet in total height, 13 cubic yards maximum capacity, or 23,000 pounds maximum Gross Vehicle Weight Rating (GVWR).
(1996 Code, sec. 66-36)
All refuse hauled by the contractor shall be so contained, tied,
or enclosed that leaking, littering, spilling, or blowing are prevented.
(1996 Code, sec. 66-37)
The contractor shall execute a document which shall indemnify,
save harmless, and exempt the city, its officers, agents, servants,
and employees from and against any and all suits, actions, legal proceedings,
claims, demands, damages, costs, expenses, and attorney’s fees
incident to any work done in the performance of this article arising
out of a willful or negligent act or omission of the contractor, its
officers, agents, servants, and employees; provided, however, that
the contractor shall not be liable for any suits, actions, legal proceedings,
claims, demands, damages, costs, expenses, or attorney’s fees
arising out of a willful or negligent act or omission of the city,
its officers, agents, servants, or employees.
(1996 Code, sec. 66-38)
The contractor shall obtain and maintain all licenses and permits
required by the state and other governmental entities which are necessary
to fulfill the function of garbage and refuse collection under this
franchise.
(1996 Code, sec. 66-39)
(a)
Notwithstanding any provisions in this article to the contrary and
in addition to the provisions herein, the contractor understands that
the city encourages a voluntary recycling program. Each residential
household that voluntarily elects to participate may be provided,
by the contractor, separate recyclable trash receptacles at the resident’s
expense for the purpose of segregating recyclable items. Each of the
contractor’s residential household customers shall be notified
of this program in writing.
(b)
The contractor shall pick up aluminum, glass and paper. The contractor
shall collect such recyclable items at least once each week in conjunction
with one of the scheduled pickup days and shall ensure that such recyclable
items are disposed of in such a manner to ensure that they will be
recycled for future use.
(c)
It is recognized that sufficient public participation is necessary
to make the recycling program economically feasible. If a level of
at least 50 percent of the residential units served by the contractor
are not participating, then the contractor, at its option, may discontinue
the recycling services.
(1996 Code, sec. 66-40)
The contractor agrees to use due diligence to keep customer
costs from increasing, and to keep increases at a minimum, and no
cost increase created or continued by the bad faith of the company
shall constitute a basis for increasing rates.
(1996 Code, sec. 66-41)
Any person violating any provision of this article shall be
fined not more than $500.00 for each offense.
(1996 Code, sec. 66-42)
