Berkeley Municipal Code Ch. 9.60 Public Utility Franchises

*For Charter provisions regarding franchises generally, see Charter §§ 74--80. For underground utility facilities, see Ch. 16.24 of this code.

A. No person, firm or corporation shall exercise in the City any franchise right or privilege mentioned in Article XII of the Charter, except insofar as they or it may be entitled to do so by direct authority of the Constitution of the State of California or of the United States, unless they or it shall have obtained a grant therefor in accordance with the provisions of this chapter and of the applicable provisions of the Charter. Nothing in this chapter contained shall be construed to invalidate any lawful franchise heretofore granted, nor to necessitate the obtaining of a new franchise for a use for which a franchise holder shall have a valid unexpired franchise.

B. It is hereby declared and determined that the business of collecting and transporting rubbish generated, kept or accumulated in the City is in the nature of a public service and should be regulated by the City. The use of any public street or public property in connection with such business is of great concern to the City and should be regulated by the City. Therefore, it is the purpose of this chapter to provide such regulation, and to require that as of July 1, 2000, businesses described in this paragraph be franchised.

C. Notwithstanding the general prohibition in Section 12.32.050.B or any other provision of Chapter 12.32 to the contrary, a person may engage in the business of collecting or transporting rubbish kept, accumulated or generated in the City if:

1. A franchise therefore has first been granted pursuant to the provisions of this chapter and such franchise is in full force and effect; and

2. A written franchise agreement therefore has been executed between such person and the City and such agreement is in full force and effect. (Ord. 6517-NS § 1, 1999)

A. The definitions in Chapter 12.32 of this code shall be used for purposes of this ordinance, unless a different definition is expressly adopted.

B. Engaging in the "business of collecting or transporting rubbish" does not include transportation of rubbish incidental to another business, such as (but not limited to) construction, gardening, or maintenance. Collecting or transporting rubbish is incidental to another business when:

1. Gross receipts attributable to rubbish hauling do not exceed 20% of the gross receipts of the primary business, and

2. Collecting or transporting rubbish and the primary activity take place at the same business location.

C. To the extent that a person or entity is engaged in the following businesses said person or entity shall not be required to obtain a franchise:

1. Hauling waste under contract to the City of Berkeley from its transfer station to a disposal facility outside the City;

2. Hauling exclusively yard waste or source separated recyclables. (Ord. 6517-NS § 1, 1999)

A. An applicant for any franchise shall file with the council a verified application which shall state:

1. The name of the applicant;

2. The purpose and term, whether definite or indeterminate, for which the franchise is desired;

3. The amounts or percentages, if any, applicant, if granted the franchise, will pay to the City during the life of such franchise;

4. Any limitations as to time, place or type of services proposed by applicant; and

5. Any other terms or conditions that applicant may desire, including surrender of existing franchises, or parts thereof, or claims to such franchises, or proposals to settle any litigation or controversies between applicant and the City.

B. The council may require such other information as it deems necessary.

C. All applications for franchises for the collection and/or transportation of rubbish shall in addition contain the following information:

1. If the applicant is a partnership, the name and address of each partner shall be set forth in the application. If the applicant is a corporation, the application shall state the names and addresses of the corporation’s directors, main officers, major stockholders and associates, and the names and addresses of the parent and subsidiary companies.

2. The names of the executive, operational and financial managers to be used in connection with the rubbish collection and/or transportation services, together with documentation that such persons and the applicant have sufficient experience in rubbish handling to perform said services.

3. A list of all vehicles, including license plate numbers and vehicle identification numbers, to be used in connection with the franchise for which the application is filed.

4. Proof satisfactory to the City that the applicant has adequate financial resources to conduct the rubbish collection and/or transportation services.

5. The application shall be signed by the person applying for the rubbish collection/transportation franchise or, in the case of a partnership or corporation, by a person authorized to bind the partnership or corporation.

6. A statement of the type of services the applicant intends to provide in Berkeley, including:

(a) Regular on-going collection of rubbish generated at commercial premises located in the City of Berkeley;

(b) Special handling of rubbish generated in the City (special handling means services provided on an intermittent, as needed basis);

(c) Hauling of construction and demolition debris;

(d) Roll-off box services;

(e) Collection of source-separated recyclables and/or source separated yard waste; or

(f) Other.

7. Any other information deemed necessary by the council;

8. A statement that the applicant agrees to pay the franchise fee specified by prior council resolution. (Ord. 6517-NS § 1, 1999)

Every application for a franchise shall be accompanied by a cash deposit of not less than five hundred dollars, or by a certified check for such amount, payable to the City Treasurer, as a fund out of which to pay all expenses connected with such application. The deposit of the applicant shall be retained until the acceptance of the franchise and the filing of any bond or other security required or until the council determines not to grant the franchise. Whereupon the remainder, if any, of the five hundred dollars shall be returned after the payment therefrom of all expenses incurred by the City in connection with the advertising, engineering, clerical work and awarding of such franchise. (Ord. 6517-NS § 1, 1999)

Every application made to the council for a franchise mentioned in this chapter shall, before any action is taken thereon, be referred by the council to the City Manager for their recommendation and report. If, in the judgment of the City Manager, the franchise applied for should not be granted, they shall so report stating the reasons therefor; and if, in their judgment, such franchise should be granted, they shall recommend the terms and conditions upon which the same should be granted. (Ord. 6517-NS § 1, 1999)

A. Upon receipt of the City Manager’s recommendation, the council, if it desires to consider the granting of the franchise, shall pass a resolution declaring its intention to consider the application, stating the character of the franchise, setting forth a notice of the day, hour and place when and where any and all persons may appear before the council and be heard thereon, and directing the City Clerk to publish said notice in the official newspaper at least once within ten days after the passage of such resolution. The time fixed for such hearing shall be not less than fifteen nor more than sixty days after the date of the passage of said resolution.

B. Such notice shall state the name of the applicant, the character of the franchise, its term, whether definite or indeterminate, the amounts or percentages, if any, grantee shall pay to the City during the life of such franchise, any limitations as to time, place or type of service proposed, together with a general statement of the other major provisions of the proposed franchise, and that copies of the proposed franchise may be obtained at the office of the City Clerk.

C. The council may, in its discretion, as a part of such notice, advertise for competitive bids for the purchase of said franchise. (Ord. 6517-NS § 1, 1999)

At any time not later than the hour set for the hearing, any person interested may make written protest stating objections against the granting of such franchise. Such protests must be signed by the protestant and be delivered to the City Clerk. (Ord. 6517-NS § 1, 1999)

A. At the time set for the hearing, the council shall proceed to hear the matter and all persons shall be given opportunity to present their arguments. The council may adjourn said hearing from time to time.

B. In granting any franchise, the City Council may prescribe such additional terms and conditions, not in conflict with the City Charter or this chapter, as in the judgment of the City Council are in the public interest.

C. The franchise granted to an applicant need not be identical to franchises granted to other applicants and need not contain the same terms and conditions, rights or privileges as the franchise requested by the applicant.

D. The council may refuse to grant the requested franchise if it determines that refusal is in the public interest.

E. In making its decision on an application for a franchise for the collection and/or transportation of rubbish, the council may consider whether the applicant is qualified to perform rubbish collection and/or transportation; the applicant’s compliance with applicable laws and regulations; income to the City; experience and financial responsibility of the applicant; and any other consideration that will safeguard the interests of the City and its people.

F. Any franchise granted under the provisions of this chapter shall be for such term as specified by the City Council in its discretion and set forth in the franchise agreement.

G. Any franchise granted shall be adopted by ordinance in the manner prescribed by the Charter for the enactment of ordinances. (Ord. 6517-NS § 1, 1999)

A. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten days after the ordinance granting the franchise becomes effective unless the time is extended by the City Council.

B. In addition, no franchise granted for the collection and/or transportation of rubbish shall become effective unless and until all of the following requirements have been satisfied:

1. The ordinance granting the franchise is effective.

2. The applicant and the City have executed a franchise agreement in the manner specified by the Charter for the execution of contracts.

3. The applicant has paid the rubbish collection application fee as set forth in the schedule of fees established by resolution of the City Council.

4. Within twenty days from the date of adoption of the ordinance granting the franchise, or within such extended period of time as the City Council in its discretion may authorize, the applicant to whom a franchise has been granted has filed with the City Clerk a faithful performance bond, if such is required by the franchise agreement and evidence of compliance with the insurance requirements specified in the franchise agreement. (Ord. 6517-NS § 1, 1999)

Any franchise granted by the City with respect to a particular utility service shall be in lieu of all other franchises, rights or privileges then owned by the grantee for the furnishing of that particular utility or service within the limits of the City as they now or may hereafter exist, and by acceptance of any franchise hereunder, the grantee shall be deemed to have waived and abandoned all other franchises, rights and privileges then owned by the grantee for the furnishing of that particular utility or service within the limits of the City as they now or may hereafter exist. The provisions of this section shall not apply to any franchise, right or privilege owned by the grantee which is specifically reserved for the benefit of the grantee in the franchise granted, nor to any franchise, right or privilege obtained by direct authority of the Constitution of the state or the United States. (Ord. 6517-NS § 1, 1999)

By its acceptance of any franchise, the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed by the Charter, this chapter, and the franchise. (Ord. 6517-NS § 1, 1999)

The council may require the grantee of any franchise to provide such bond or other security as it deems the public interest requires. (Ord. 6517-NS § 1, 1999)

A franchise grant may be indeterminate, that is, it may provide that it shall endure in full force and effect until the same, with the consent of the appropriate state or federal agency, shall be voluntarily surrendered or abandoned by its possessor, or until the state, or some municipal or public corporation, duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, the property actually used and useful in the exercise of such franchise and situate within the territorial limits of the City, as they now or may hereafter exist, or until the franchise shall be forfeited for noncompliance with its terms by the possessor thereof, or until it is terminated in any other manner that may be specified in the franchise grant. (Ord. 6517-NS § 1, 1999)

A. As part of the consideration for the granting of each franchise, the grantee shall agree to pay the purchase price, if any, for said franchise as set forth in the franchise, and to make the franchise payment, if any such payment shall have been fixed by the council, and the grantee shall also agree to perform all covenants and agreements set out in said franchise to be performed by the grantee.

B. The City Council shall have the right to recognize that extensions of service, betterment of services, surrendering of existing franchises or parts thereof, settling litigation between the grantee and the City, or the performance by grantee of franchise obligations, may be considerations (other than the franchise payment) of benefit to the City and its inhabitants, and in determining the amount of adequate consideration for the franchise or the amount of franchise payment, if any, to be paid by a grantee, the City Council shall have the right to give weight to such factors.

C. Where the City Council has fixed a percentage of gross receipts to be paid for the exercise of grantee’s franchise, and where the operations of the grantee extend beyond the territorial boundaries of the City, the City Council shall have the right to allocate such percentage payments so that such grantee shall pay only for its operations, for which a franchise is required, within the City. (Ord. 6517-NS § 1, 1999)

The council may likewise in the case of communication companies collecting tolls for both local and out-of-city business, interurban transportation companies and other companies as to which practical difficulties may arise as to the segregation between local and other tolls, fares or charges, provide for a segregation as between such local and other tolls, fares or charges. In franchises covering operations as to which the requirement of payment of a percentage of gross receipts is not practical, the council shall fix a basis for computing the franchise payments, if any, to be paid by grantee. (Ord. 6517-NS § 1, 1999)

A. No transfer, assignment or lease of any franchise shall have any validity unless and until:

1. The grantee shall have duly executed a good and sufficient instrument making such transfer, assignment or lease, and a duplicate original thereof shall have been filed in the office of the City Clerk.

2. An ordinance of the City consenting to such transfer, assignment or lease shall have been duly adopted and become effective. Any such consent of the City Council shall be subject to such terms and conditions as may be prescribed by the council.

3. The transferee, assignee, lessee or vendee shall duly execute and file in the office of the City Clerk a good and sufficient instrument accepting such transfer, assignment or lease, assuming all the obligations of the grantee under the franchise.

4. The transferee, assignee, lessee or vendee shall duly execute and file in the office of the City Clerk a good and sufficient instrument surrendering to the City all franchises, rights and privileges which the transferee, assignee, lessee or vendee would have been required to surrender under the provisions thereof if such transferee, assignee, lessee or vendee had been the original grantee thereof.

B. Provided, however, that the terms of the foregoing subsection A of this section shall not apply to any mortgage or deed of trust made in good faith by the grantee, or by any person, firm or corporation under a transfer, assignment or lease made in full accordance with the provisions of this section; but the terms of subdivisions 1, 2, and 4 or subsection A above shall apply and the terms of subdivision A.2 shall not apply to any buyer at a sale under any mortgage or deed of trust.

C. As used in this section, the term "transfer" includes sale, or other disposition, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy, reorganization under bankruptcy laws or otherwise. (Ord. 6517-NS § 1, 1999)

Every franchise shall be subject to the following conditions:

A. The grantee shall construct, install and maintain all tracks, pipes, tubes, conduits, poles, wires, instruments and appurtenances in accordance and in conformity with all of the lawful ordinances, rules and regulations theretofore or thereafter adopted by the council in the exercise of its police powers, and, as to state highways, subject to the provisions of general laws relating to the location and maintenance of such facilities therein.

B. The grantee shall pay to the City on demand the cost of all repairs to public property made necessary by or proximately resulting from any operations of the grantee under such franchise, ordinary wear and tear excepted.

C. The grantee shall indemnify and hold harmless the City and its officers and employees from any and all liability for damages proximately resulting from any operations under such franchise.

D. The grantee shall permit such examination of its records by the City as the City deems material to the determination of the performance of the franchise obligations and shall make such reports as the franchise may specify.

E. All franchises for the collection and/or transportation of rubbish shall be non-exclusive. No provisions of this chapter shall be deemed to require restricting the number of franchises to one or any particular number. (Ord. 6517-NS § 1, 1999)

A. When the council shall find that an emergency exists and that public convenience and necessity require it, and that by reason of such emergency the operation or performance of a utility service should be permitted before the securing of a franchise under this chapter is possible, the council, by resolution, may grant to any applicant for a franchise under this chapter a special permit to operate in the City.

B. Such special permit shall only be granted to an applicant for a franchise under this chapter, and after the filing of the application for a franchise as in this chapter provided.

C. An application for a special permit shall be filed in writing with the council setting forth such information as will permit action thereon.

D. All such special permits shall be granted under the express condition that if a franchise is not granted and accepted, artwork done under such special permit shall be removed immediately at applicant’s expense and the streets or alleys or other public places affected by such work shall be placed in as good condition as before such work was done, all to the satisfaction of the City.

E. The council may require, as a condition to the granting of such special permits, that a bond of a kind and in an amount determined by it shall be furnished by applicant conditioned upon the faithful performance of the terms and conditions of the permit and further conditioned that applicant shall prosecute diligently to completion all work thereunder including removal work as hereinbefore provided.

F. Applications for permits under this section shall be referred to the City Manager in the manner provided in Section 9.60.040 hereof. (Ord. 6517-NS § 1, 1999)

In the discretion of the City Council, the grantee of any franchise may be required to move or relocate any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any bridge, tube, subway, viaduct or other highway structure, or any lawful public work of a governmental character by such municipality. The City Council shall have the right to allocate the expense of such moving or relocation between the City and the grantee of a franchise, except where the exclusive jurisdiction thereover is in the Public Utilities Commission. (Ord. 6517-NS § 1, 1999)

The grantee of any franchise under the terms of which the grantee is entitled to maintain rails or tracks in, along, or across any public place for the purpose of transporting passengers or freight thereover shall pave or repave all that portion of the street, highway, or other public place which is between the rails as well as an area two feet outside of and parallel to the rails and, if such track is located within a distance of eighteen feet or less from any other track owned by such grantee, then also the portion of the street, highway or public place lying between such separate tracks; and shall keep the same in repair, flush with the street and with good crossings. Such street work shall be done with the same kind of material as is used in the remaining portion of the street, highway or public place and in a manner satisfactory to the City; provided, however, that when in the opinion of the City the space between the rails and tracks of the grantee and two feet on each side thereof or any portion of the same is not required for purposes other than railway traffic, the same need not be paved in like manner as the remainder of the street or public place, but shall be treated in such manner as the City may direct. (Ord. 6517-NS § 1, 1999)

Upon the cessation of the use of any of the hereinafter enumerated facilities or the expiration or termination of the franchise, the grantee shall, unless requested not to do so by the City, remove all rails, ties, poles, wires and all other appurtenances and shall replace the paving in the streets and public places in good condition with the same kind of material as is used in the remaining width of each particular street or public place; provided, however, that if the area from which the facilities are to be removed has not been required by the council to be paved in like manner as the remainder of the street or public place, the grantee shall only be required to restore the area to the same condition that existed prior to such removal. All such work shall be done to the satisfaction of the City. (Ord. 6517-NS § 1, 1999)

Every franchise, except a railroad franchise, may reserve to the City the right to purchase the property of grantee either at an agreed price or a price to be determined in a manner to be prescribed in the grant, to the extent that such purchase may be authorized or permitted by law. (Ord. 6517-NS § 1, 1999)

If any person, firm or corporation shall exercise a right or privilege for which they or it is required by the Charter to obtain a franchise without having first obtained such franchise from the City, the City may establish by ordinance the reasonable amount or percentage that such person, firm or corporation shall pay to the City for the exercise of such right or privilege within the City for which a franchise is required, and if such person, firm or corporation shall thereafter fail to pay to the City on demand such amount or percentage which has been so established by ordinance, the City shall have the right to enforce the payment thereof from such person, firm or corporation. If the grantee of any franchise shall fail or refuse to comply with any of the provisions or conditions set out in any franchise ordinance enacted by the City Council, the City may declare a forfeiture, and/or may sue such person, firm or corporation for damages for such noncompliance, and/or may exercise any other rights or remedies provided by law. (Ord. 6517-NS § 1, 1999)

In addition to any other remedies that the City may have no person, firm or corporation may exercise any right or privilege for which a franchise is required, without possessing a valid and existing franchise therefore. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which said person, firm or corporation exercises any privilege for which a franchise is required, without possessing a valid existing franchise therefor, and shall be punishable therefor as provided for in this chapter. Violations of this chapter are misdemeanors, but may be charged as infractions or misdemeanors, in the discretion of the enforcing officer. Charging violations of this chapter as public offenses does not in any way limit any other remedies that might be available. (Ord. 6517-NS § 1, 1999)

A. Any contract between a grantee and any generator/customer for rubbish collection and transportation services provided pursuant to a franchise granted under this chapter shall meet the following requirements:

1. All contracts enacted or renewed after November 23, 1999 shall provide for cancellation of the contract by the generator/customer upon not less than thirty days notice in any case where the cancellation occurs not less than twelve months after the initial date of the contract or renewal and the generator/customer is not in arrears with respect to collection service charges due to the grantee through the date of the notice of cancellation.

2. All contracts enacted or renewed after November 23, 1999 shall provide that customers may at any time reduce their level of refuse service commensurate with a reduction in the amount of rubbish they generate due to waste prevention and recycling. In such cases the grantee shall make the appropriate adjustments to service and fees within ten working days.

3. The term of the contract shall not extend beyond the term of the franchise granted to the grantee.

B. For the purposes of subsection A., "initial date of the contract" means the effective date of the contract whereby the grantee first agrees to provide collection services to the generator/customer. No amendment, extension, automatic renewal or other modification of the contract, nor any new contract, shall begin a new twelve-month period during which cancellation by the generator/customer is limited as described in paragraph A.1. of this section, unless the grantee has not provided collection services to the generator/customer for a period of not less than sixty consecutive days.

C. The grantee shall provide not less than sixty days notice to the generator/customer before any automatic renewal of a contract may occur. The grantee shall provide such notice by personal service or by United States mail to the person who signed the contract on behalf of the generator/customer or to that person’s successor. (Ord. 6549-NS § 1, 2000; Ord. 6517-NS § 1, 1999)

A. Any franchise granted pursuant to this chapter for the collection and/or transportation of rubbish shall automatically be suspended whenever the grantee:

1. Fails to keep in full force and effect the bonds and insurance required by the franchise agreement; or

2. Fails to keep in full force and effect any applicable licenses or permits required by federal, state or local law.

B. The suspension shall remain in effect until the grantee provides documentation satisfactory to the City Manager or their designee verifying that the reason for the suspension specified above no longer exists.

C. The City Manager or their designee may suspend any franchise granted under this chapter if the grantee fails to submit timely reports as described in this chapter within fifteen days after written notice from the City Manager or their designee that a report is delinquent. The suspension shall remain in effect for the period specified in the City Manager or their designee’s notice unless the suspension is reversed or modified by the City Manager or their designee or upon appeal by the grantee, by the City Council.

D. In the event a franchise granted pursuant to this chapter is suspended, the grantee shall have no right or authority to engage in rubbish collection or transportation operations in the City during the period of suspension.

E. The City Council shall have the right to terminate any franchise granted pursuant to this chapter if the Council finds, after a public hearing following not less than fourteen days written notice to the franchise grantee, that:

1. The grantee has failed to comply with, or to do anything required of the grantee by, applicable provisions of the City Charter, provisions of this Chapter, provisions of the ordinance granting the franchise, or provisions of the franchise agreement; or

2. Any provision of this chapter becomes or is declared to be invalid and the Council expressly finds that such provision constitutes a material consideration to the grant or continuation of such franchise.

F. In the event the franchise granted pursuant to this chapter is terminated, the grantee shall have no right or authority to engage in rubbish collection or transportation operations in the City unless and until a subsequent commercial rubbish collection and/or transportation franchise is granted to the grantee. Nothing herein shall require the City to grant any subsequent franchise to the grantee.

G. In the event the franchise granted pursuant to this chapter is terminated under subsection E. above, then within the time period specified by the City Council, the grantee shall:

1. Remove all of the grantee’s rubbish containers from all service locations where services have been provided pursuant to such franchise; and

2. Properly dispose of any and all rubbish in the containers at the time of removal.

H. If the grantee fails to remove any rubbish container or to properly dispose of any rubbish in any container within the time specified in subsection G. above, the City may remove the container and/or dispose of the rubbish therein and may charge the grantee for the City’s costs. The grantee shall pay to the City all of the costs incurred by the City in such removal and/or disposal within ten days of the date of the City’s invoice for such costs. (Ord. 6517-NS § 1, 1999)

A. Each person engaging in the business of collecting or transporting of rubbish kept, accumulated, or generated in the City shall pay a franchise fee to the City. The franchise fee shall be in an amount as set forth in a resolution adopted by the City Council.

B. Franchise fees shall be payable on a quarterly basis, and shall be due and payable on the first day of the second month immediately following the quarter in which collection services were provided. Each payment shall be calculated in accordance with the provisions of the resolution adopted by the City Council pursuant to subsection A. above.

C. The required franchise fee shall be paid to the City’s Director of Finance. Each payment shall be accompanied by a written statement, verified by the person making the payment, or a duly authorized representative of the person, showing the calculation of the franchise fee payable in such form and detail as the Director of Finance may determine is material to a determination of the amount due.

D. No statement filed under this section shall be conclusive as to matters set forth in such statement, nor shall the filing of such statement preclude the City from collecting by appropriate action the sum that is actually due and payable.

E. The payment of franchise fees to the City pursuant to this chapter shall be in addition to any license fee or business tax prescribed by the City for the same period.

F. If franchise fees are not paid by the grantee at the times required by this section, a late payment charge in an amount equal to ten percent of the franchise fee that was not timely paid shall be assessed and shall become immediately due and payable. If the grantee fails to pay delinquent franchise fees within thirty days of the date required by this section, an additional late charge amounting to ten percent of the franchise fee then outstanding shall be assessed and become due and payable. In addition, the grantee shall pay interest on all unpaid franchise fees and late payment charges at the rate of ten percent per annum or the legal rate allowed whichever is less, from the date said franchise fees were due and payable to the date actually paid. (Ord. 6517-NS § 1, 1999)

A. The grantee shall file with the director a quarterly report of the quantities of rubbish collected and/or transported. Such report shall be in such form and detail as required by the Director of Public Works, including receipts from such categories of rubbish as the Director of Public Works may specify.

B. If the quarterly report required under subsection A. is not filed by the due date specified in the franchise agreement, the report shall be deemed delinquent, and the grantee shall pay to the City a delinquent report charge in the amount of fifty dollars. If the report remains delinquent for more than fifteen days, the grantee shall pay to the City a delinquent report charge in the amount of one hundred dollars. Such delinquent report charge shall be in addition to any franchise fees or other charges payable by the grantee for the same period of time. (Ord. 6517-NS § 1, 1999)

A. The grantee shall at all times maintain all vehicles used in connection with the franchise granted pursuant to this chapter in such condition that the vehicle does not exceed a noise level, during stationary compaction, of seventy-five decibels measured at a distance of twenty-five feet from the horizontal base plane of the vehicle.

B. No grantee shall use any vehicle in connection with the franchise granted pursuant to this chapter if the vehicle exceeds the noise level described in subsection A. above.

C. Notwithstanding subsections A. and B. of this section, the City Council may in its discretion provide for other or different noise level limitations in the franchise agreement required under this chapter. (Ord. 6517-NS § 1, 1999)

A. The grantee shall at all times maintain accurate and complete accounts of all revenues and income arising out of its operations under the franchise granted pursuant to this chapter; all rubbish collected or transported; the source of such rubbish; and the final destination of such rubbish. Grantee’s books, accounts and records shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City.

B. The City may examine the books, papers and records of any business to determine whether that business requires a franchise under this chapter. (Ord. 6517-NS § 1, 1999)

In addition to all other rights reserved to City under this chapter, the following rights are reserved:

A. There is hereby reserved to the City every right and power, and the exercise thereof, which is reserved or authorized by any provision of any lawful ordinance or resolution of the City, whether enacted before or after the effective date of this ordinance.

B. Neither the granting of any franchise nor any provision of any franchise shall constitute a waiver of or a bar to the exercise of any governmental right or power of the City.

C. The grantee shall have no recourse whatsoever against the City, its officers, employees or agents for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any franchise issued under this chapter or because of the enforcement of this chapter.

D. There is hereby expressly reserved to the City the power and authority to amend any section of this chapter so as to require additional or greater standards on the part of the grantee and the power and authority to increase the franchise fees to be paid by the grantee pursuant to this chapter. (Ord. 6517-NS § 1, 1999)