Bell Municipal Code § 8.24.290 Refuse collection franchise

A. The city may award a franchise for collection from all or a portion of residential properties and commercial (including industrial, governmental, institutional, and all other nonresidential) properties. Any such franchise shall be granted by the city council by resolution, upon a determination that the public convenience and necessity are served by the award of a franchise.

B. The franchise shall be granted on such terms and conditions as the city council shall establish in its sole discretion. The franchise may provide for the following:

1. Residential collection rates by categories (e.g., single-family and multifamily).

2. A franchise fee to be paid to the city for a residential franchise based on a percentage of gross receipts from such franchise.

3. Commercial collection rates set according to different classes of commercial rates, based on volume, frequency of collection and waste stream composition.

4. A franchise fee for commercial franchises to be paid to the city based on a percentage of gross receipts from such franchise.

5. The franchisee shall be required to cooperate with city in solid waste generation studies, waste stream audits, and to implement measures to achieve the city's solid waste and recycling goals mandated by the California Integrated Waste Management Act of 1989.

(Prior code § 3903.105; Ord. 1097 § 1, 1994)

A. The city council may award additional franchises for hazardous waste collection from commercial (including industrial, governmental, institutional, and all other nonresidential) properties. Such franchises shall be granted by the city council by resolution, upon a determination that the public convenience and necessity are served by the award of the franchise.

B. The franchise shall be granted on such terms and conditions as the city council shall establish in its sole discretion.

(Prior code § 3903.110; Ord. 1097 § 1, 1994)

A. The franchisee shall obtain and keep in force during the term of the franchise public liability and bodily injury insurance in amounts determined by resolution of the city council, and workers' compensation insurance covering all employees of the franchisee. The city and its officers, elected officials, employees and agents shall be named as additional insureds on all such policies.

B. Copies of such policies, or certificates evidencing such policies, shall be filed with the city clerk prior to the commencement of activities authorized under the franchise.

C. All such policies shall contain at a minimum a provision requiring a 90 day notice to be given to the city prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the city council.

(Prior code § 3903.125; Ord. 1097 § 1, 1994)

A. No person shall construct or operate a solid waste management facility including but not limited to a materials recovery facility, landfill composting facility, or buy-back recycling center without a license issued by the city, upon satisfying all city requirements for land use and other approvals. Fees for such licenses shall be set by the city council by resolution.

B. By resolution of the city council, city may order that no person or contractor without a franchise shall collect solid waste from commercial premises without a license issued by the city. The requirements for such a license shall be established by resolution of the city council, and such license shall issue upon satisfaction of all requirements. Fees for such licenses shall be set by the city council by resolution.

(Prior code § 3903.115; Ord. 1097 § 1, 1994)

At such times as one or more franchises for collection covering all or part of the city are in force, it is unlawful for any person other than the franchisee or its agents and employees, to collect any refuse for hire from premises covered by the franchise. This section shall not, however, be deemed to apply to the following persons, so long as they comply with Section 8.24.140:

A. Any persons engaged in the nursery or gardening business and collecting and disposing of shrubbery, grass, tree cuttings, tree trimmings, or other agricultural debris;

B. Any person removing shrubbery, grass, tree cuttings, tree trimmings, or other agricultural debris from any property owned or occupied by the person; or

C. Hazardous waste.

(Prior code § 3906.120; Ord. 1097 § 1, 1994)