A.
The city council may authorize, by franchise, contract, license or permit, a solid waste enterprise to provide solid waste handling services for residential, commercial, institutional, or industrial users or customers.
B.
In the sole discretion of the city council, the solid waste handling services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the city.
C.
The terms and provisions of any franchise agreement for solid waste handling services may relate to or include, without limitation, the following subject matters:
1.
The nature, scope and duration of the franchise;
2.
The collection schedule, including the frequency, days and hours of collection;
3.
The applicable franchise fee, including the amount, method of computation, and time for payment;
4.
The applicable rates, fees and charges for regular, special and emergency collection services, including the method of setting and adjusting same, and responsibility for billing and collecting same;
5.
Collection vehicles, including the permissible size and color, and any required identification, safety equipment, maintenance, inspection and operational requirements;
6.
The receipt, processing and reporting of customer inquiries and complaints;
7.
The collection of solid waste from publicly-owned property and facilities;
8.
Performance standards for the collector's personnel and equipment;
9.
Solid waste and recycling containers, including size, repair or replacement, handling, placement, obligations of the collector to provide, and permissible charges therefor;
10.
Standards and procedures for periodic performance reviews by the city;
11.
Noise attenuation policies and procedures;
12.
The maintenance by the collector of an office for the conduct of business;
13.
Policies and procedures relating to the noncollection of solid waste, the composting of green waste, the collection of recyclable materials, and resource recovery;
14.
Requirements relating to comprehensive liability insurance and workers' compensation insurance;
15.
Requirements relating to the dissemination of information to the public concerning regular and special solid waste collection services;
16.
Actions or omissions constituting breaches or defaults, and the applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination;
17.
Requirements relating to performance bonds and to indemnification;
18.
Requirements relating to affirmative action programs;
19.
Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records;
20.
Requirements relating to the assignment, transfer and renewal of the franchise;
21.
Requirements relating to compliance with and implementation of state and federal laws, rules or regulations pertaining to solid waste handling services, and the implementation by the city of state-mandated programs, including, without limitation, the city's source reduction and recycling element and the city's household hazardous waste element.
22.
Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the franchise agreement and which will, in the judgment and discretion of the city council, best serve the public interest and protect the public health, safety and welfare.
23.
Such additional requirements, conditions, policies and procedures required by Title 14.
D.
In the event of any conflict between the provisions of a franchise agreement authorized hereunder by the city council and the provisions of this chapter, the provisions of the franchise agreement shall control.
(Ord. 1905 § 1 (part), 8-11-1992; Ord. 2021-12-CC § 3, 11-23-2021)