Lindsay Municipal Code § 8.14 Curbside Solid Waste Collection And Disposal Franchises

The purpose of this chapter is to regulate the curbside collection, handling, hauling and disposition of solid wastes within the city limits of the city of Lindsay ("city"), and to regulate the amount of solid waste disposed of in landfills. Further, it is the purpose of this chapter to establish guidelines that shall be followed by applicants desiring a franchise to collect, handle, haul, transport, or otherwise dispose of solid waste generated within the city limits. The provisions of this chapter supplement and are in addition to those regulations contained in Chapter 8.12 of the municipal code, Solid Waste, and apply only to the curbside collection, handling, transportation and disposing of industrial, commercial, and residential solid wastes as defined in Section 8.14.030 of this chapter.

(Ord. 465 § 1, 1996)

It is declared that in order to properly regulate, control and monitor the amount of solid waste being collected and diverted from the solid waste stream generated in the city it is in the best interest of the city and its citizens to limit the number of industrial, commercial and residential curbside solid waste collection and disposal franchises. Therefore, the number of industrial, commercial and residential curb side solid waste collection and disposal franchises issued for the collection and disposal of solid waste generated within the city limits shall be limited to a single provider who shall have the exclusive right to provide such curbside industrial, commercial and residential solid waste collection and disposal services.

(Ord. 465 § 2, 1996)

For purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

"Discarded" means thrown away; abandoned; worthless; lack of economic value.

"Recyclables" means materials that have value and can be diverted from landfill disposal. Those materials that by collecting, sorting, cleansing, treating and reconstituting materials would otherwise become solid waste, and by processing can be returned to the economic mainstream in the form of raw materials for new, reused, or reconstituted products.

"Solid waste" means all abandoned, discarded, thrown away putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, and other discarded solid and semisolid wastes.

(Ord. 465 § 3, 1996)

1. Except as provided below no person shall engage in the curbside collection and disposition of industrial, commercial and residential solid waste without first obtaining an appropriate disposal franchise from the city as provided herein.
2. The franchisee awarded a franchise hereunder shall be the holder of a valid contract to provide such curbside collection and distribution services. Said contract shall comply with the solid waste collection contract specifications ("specifications"), a copy of which is maintained in the city clerk's office, and shall be awarded through the city's normal competitive bidding process.
3. Any franchise awarded pursuant to these provisions shall terminate upon the expiration of said contract or upon the franchisees failure to renew said contract pursuant to Section 8.14.070(B) of this chapter.

(Ord. 465 § 4, 1996)

Any person desiring to obtain the solid waste disposal franchise as required by Section 8.14.040 shall pay a fee, from time to time established by resolution by the city council, to the city clerk and shall make a proposal for a franchise to the council. Said proposal shall comply with the solid waste collection contract specifications and shall include, but not be limited, to the following information:

1. The name and address of the proponent, and if the same be a corporation, partnership, association or company, the name of its principal officers, with the address of each, and the names, addresses and percentage of ownership of all owners of the business.
2. A description of each vehicle the proponent intends to operate. Such description should include the make, year of manufacture, the motor and chassis number, the California state license number, and the color scheme, insignia, name, monogram or other distinguishing characteristics used to identify such vehicle.
3. Address and telephone number of proposed place of business.
4. A distinctive color scheme, name or insignia applied to each vehicle.
5. The training and experience of the proponent and all employees of proponent who will operate vehicles in providing solid waste disposal services.
6. A statement of financial status, responsibility, and insurance in a form acceptable to the city.
7. Any other information deemed relevant by the city.

(Ord. 465 § 5, 1996)

Proposals for solid waste disposal franchises shall be processed in the following manner:

1. The city manager, his designee, or other franchise granting official shall make available to franchise proponents a document, hereinafter referred to as the city of Lindsay, residential, commercial and industrial solid waste collection contract, instruction to bidders ("instructions"), a copy of which is maintained in the city clerk's office, setting forth the procedures to be followed in submitting bid proposals.
2. All proposals must strictly comply with the provisions contained in the instructions. Failure to comply will be grounds for rejection.
3. Proposals shall be delivered to the city clerk by a date twelve months prior to the date the existing franchise expires.
4. The following documents shall accompany the proposal:
5. Evidence that all vehicles to be used in providing solid waste disposal service have been properly licensed, inspected, and properly insured.
6. Evidence that each employee that will be providing disposal service possesses a valid certificate and/or license as required by the state of California Vehicle Code.
7. Proposals will be reviewed by the granting official within thirty days after the time period set for submission of bid proposals, who shall present recommendations for award of the requested franchise to the city council. The council shall conduct a public hearing and in the exercise of its discretion award by resolution a franchise.

(Ord. 465 § 6, 1996)

1. Term. The award of the franchise, shall become effective on a date determined by the council, and shall be for a period of seven years, unless sooner terminated, and shall be subject to the right of the city to terminate, alter, or amend said franchise at any time as provided herein.
2. Renewal. A franchise may but is not required to be renewed if, in the exercise of its discretion the city council determines that:
3. The franchisee has substantially complied with the material terms of the existing franchise and applicable law;
4. The quality of the franchisee's service has been reasonable in light of the community needs;
5. The franchisee has the financial, legal and technical ability to provide the services, facilities and equipment set forth in the franchisee's proposal.
6. Renewal Proceeding. In any renewal proceeding, the franchisee shall be given adequate notice and fair opportunity for full participation, including the right to present evidence, require the production of evidence, and to question witnesses. A transcript may be made of any such proceeding if requested by the franchisee.
7. A proceeding under this subsection shall be completed within a reasonable time period and the city shall issue a written decision granting or denying the proposal and the reasons therefor and transmit a copy of such decision to the franchisee.
8. Any denial of renewal proposal shall be based on one or more adverse findings made with respect to the factors described in subsection B of this section, pursuant to the record of the renewal proceedings. The city may not base a denial of renewal based on failure to substantially comply with the material terms of the franchise under subsection (B)(1) of this section unless the city has provided the franchisee an opportunity to cure the defects in his performance and his continued conduct does not thereafter substantially comply with the terms of the franchise.
9. The decision of the city council shall be final and determinative on all issues raised in the renewal process.

(Ord. 465 § 7, 1996)

The franchisee shall, at all times during the life of the franchise, keep on file with the city council a bond running in favor of the city in the amount fixed in the franchise agreement with sureties to be approved by the city council. The bond shall be available to the city to satisfy amounts due city from franchisee which arise in accordance with the terms and conditions of the franchise agreement.

(Ord. 465 § 8, 1996)

Prior to the franchise being issued, the proponent to whom the franchise is awarded by the council shall deliver to the clerk a policy of insurance executed by a company duly authorized to do an insurance business within the state of California. Said policy shall be for the entire term of the franchise and shall be of the type and in amounts as listed in the specifications.

(Ord. 465 § 9, 1996)

The franchisee shall indemnify, defend, and hold harmless the city, its council, officers, officials, agents, employees, boards and commissions from all liability, loss, damage, expense, costs (including attorneys fees and other costs and fees of litigation) of every nature (whether in contract, tort or strict liability), including personal injury, death or property damage, arising out of franchisee's or any of its employees' or agents, performance of work or failure to comply with any of the obligations under the franchise agreement, except such loss or damage caused by the sole negligence or wilful misconduct of the city, its agents, officials, or employees acting within the scope of their employment or authority.

(Ord. 465 § 10, 1996)

The city manager, his designee, or other franchise granting officer may modify the terms of the exclusive franchise on a temporary basis at any time, for any time not to exceed thirty days, upon any of the following occurrences:

1. The closing, bankruptcy or dissolution of the disposal company.
2. Suspension, revocation, or termination of the franchisee's license under this chapter or any other ordinance duly adopted by the city.
3. Any other circumstance which disrupts or ends solid waste disposal service in the city without proper notice to allow appropriate council action.

(Ord. 465 § 11, 1996)

A franchise granted hereunder may be revoked, suspended or terminated if the franchisee, any of his/her employees or agents, or any other person authorized thereunder has:

1. Violated any terms of this chapter or any of the provisions of Chapter 8.12 of the city of Lindsay Municipal Code, Solid Waste.
2. Violated any terms or conditions of the franchise or other required licenses and/or permits.
3. Misrepresented a material statement of fact in the proposal for the solid waste disposal franchise.
4. Committed any act or failed to perform any obligation which adversely affects the health, safety and welfare of the citizens of the city.
5. Deliberately provided false information to the franchise granting officials.
6. Upon expiration of the contract entered into by the franchisee and the city to provide for the curbside collection and disposition of solid wastes.

If any term or condition of this franchise shall become invalid or unenforceable, the city council may by resolution terminate the franchise upon a finding that the invalid term or condition was material to the granting of the franchise.

(Ord. 465 § 12, 1996)

The franchisee shall collect all solid waste originating in the city limits in the manner described in the specifications and in accordance with the franchise agreement. In addition to the above franchise proposal requirements the franchisee, his employees, agents, and any other person authorized under the franchise shall:

1. Obtain the requisite business licenses and permits to operate within the city and pay the appropriate business license fees.
2. Provide employees, workers, agents, and equipment with identifiable uniforms and/or insignia.
3. Conduct disposal activities in such a manner and at such times so as not to interfere with or violate any noise or similar ordinance.
4. Transport and deliver all solid waste to a designated site for further processing prior to the delivery and deposit in a properly designated land fill.
5. Maintain each vehicle used pursuant to the franchise in good working order and abide by all local, state and federal laws applicable to the performance and operation of such vehicles.

(Ord. 465 § 13, 1996)

To assist the city in complying with the solid waste diversion requirements as defined in California Public Resources Code Section 41780 the franchisee shall maintain and report monthly to the city the following information:

1. The description, nature, and amount of the nonrecyclable solid waste collected (e.g., refuse, garbage, rubbish, etc.).
2. The description, nature and amount of recyclable solid waste collected (e.g., plastic, cardboard, bottles, green waste or other recyclable materials).
3. Name(s) and address(es) of the site(s) where the above solid wastes were disposed.

The franchisee shall maintain such records for a period of five years and shall, upon reasonable request, make such records available for the city's inspection.

(Ord. 465 § 14, 1996)

No franchise nor interest therein or duties thereunder shall be sold, assigned, delegated, transferred or otherwise disposed of without the consent of the city expressed by resolution or ordinance.

(Ord. 465 § 15, 1996)

Any person who has received services from the franchisee, his employee, agent, or any other person authorized under the provisions of the franchise and who has a complaint regarding the quality or adequacy of service or compliance with this chapter, may file a written complaint with the city clerk setting forth in detail the reasons for said complaint. Upon receiving the written complaint the city clerk or his/her designee shall do the following:

1. Investigate all allegations contained in the complaint.
2. Notify the complainant of the findings and if the allegations are verified the steps which are to be taken pursuant to this chapter.
3. Report measures regarding revocation or suspension of the franchise to the city council for its consideration.

(Ord. 465 § 16, 1996)

The city declares that as a result of this chapter and any franchise issued pursuant hereto, a possessory interest subject to property taxation may be created. The franchisee, as the party in whom the possessory interest will be vested, may be subject to the payment of property taxes so levied.

(Ord. 465 § 17, 1996)

The curbside collection and disposition of industrial, commercial and residential solid waste, as described herein, without a duly authorized franchise is prohibited. Any person unlawfully violating any provision of this chapter shall be guilty of an infraction and is punishable as provided under the general provisions of the city of Lindsay Municipal Code.

(Ord. 465 § 18, 1996)