Palmdale Municipal Code Art. VIII Nonexclusive Franchises for Commercial/Industrial Solid Waste Handling…

(A) Not later than July 1, 1993, every "excepted collector," as said term is defined in PMC § 5.52.320(E), shall apply to the City for a nonexclusive franchise for the collection of solid waste from commercial/industrial premises (including the collection of construction or demolition waste from construction sites or demolition sites). No other applications for nonexclusive franchises for the collection of commercial/industrial solid waste shall be accepted by the City from any excepted collector after said date.

(B) Upon a determination by the Director of Public Works that the excepted collector is then in compliance with all terms and conditions which are applicable to the permit previously issued to the excepted collector, and that the excepted collector has executed a standard form of nonexclusive franchise agreement, the Director of Public Works shall authorize and issue the nonexclusive franchise to the excepted collector, and shall notify the Director of Finance of such issuance.

(Ord. U-1011 § 1, 1993)

(A) The terms and provisions of a nonexclusive franchise agreement with an excepted collector may relate to or include, without limitation, the applicable subject matters which are specified in PMC § 5.52.150.

(B) Every excepted collector to which a nonexclusive franchise is issued hereunder shall pay to the City a franchise fee which shall be determined as follows:

Commencing upon the effective date of the nonexclusive franchise agreement and continuing through June 30, 1994, the franchise fee shall be seven and one-half percent of the contractor's gross receipts collected from all commercial/industrial customers and seven and one-half percent of the contractor's net profits derived from any sales of recyclable materials collected within the City. Commencing upon July 1, 1994, and upon each July 1st thereafter, the seven and one-half percent franchise fee applicable to said gross receipts and to said net profits, shall be increased as follows:

The franchise fee shall be paid to the City not later than 15 days following the end of the preceding calendar month, and shall be accompanied by a report in such form as may be specified by the Director of Public Works. Said monthly report may require detailed information related to the nature and quantity of solid waste collected in the City, solid waste landfills which are utilized, and the nature and quantity of solid waste which is diverted from solid waste landfills. The franchise fee payable hereunder shall be in lieu of all business license taxes or business permit application for renewal fees otherwise required by this code.

(C) City shall have the right to direct all excepted collectors operating under a nonexclusive franchise to dispose of commercial/industrial solid waste at one or more landfills designated by the City. The designation by the City of any such landfill shall be for the sole purpose of ensuring that the City is in compliance with all reporting and waste characterization requirements imposed by AB 939.

(D) Every nonexclusive franchise agreement issued hereunder shall in all events terminate, and shall be of no further force or effect, as of the close of business on March 31, 1997.

(E) Every nonexclusive franchise agreement issued hereunder shall require the excepted collector to adhere to and abide by the schedule of permissible rates, fees and charges for commercial/industrial solid waste handling services as authorized from time to time by resolution of the City Council.

(F) Every nonexclusive franchise agreement issued hereunder shall require the excepted collector to obtain, and to maintain during the term of the nonexclusive franchise agreement, comprehensive general liability insurance with such coverage, and in such amounts, as may be deemed by the City to be adequate to protect the interests of the City and of the general public, taking into consideration the nature, frequency and magnitude of the excepted collector's solid waste handling services. The excepted collector's insurance policies, or certificate of insurance, shall name the City as an additional insured and shall be subject to the approval of the City Attorney.

(Ord. U-1011 § 1, 1993)