Chapter 8.36


8.36.010    Legislative policy.

8.36.020    Legislative policy – Grant of contract.

8.36.030    Exclusive contract.

8.36.010 Legislative policy.

The city council finds and determines that the storage, accumulation, collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods and material is a matter of great public concern, in that improper control of such matters creates a public nuisance, can lead to air pollution, fire hazards, insect breeding and rat infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities. The city council further finds that the periodic collection of garbage, rubbish and other refuse from all places of business and residence in the city benefits all occupants of businesses and residences within the city and therefore all occupants as hereinafter defined are made liable for the payment of such fees as may be from time to time approved by the city council. The city council further declares that the regulations of this chapter are designed to eliminate or alleviate such problems. (Ord. 398, 1988).

8.36.020 Legislative policy – Grant of contract.

The city council finds and determines that collection and disposal of such material is a service which can be economically and adequately performed by grant of an exclusive contract for the performance of such services. The grant of such a contract has the beneficial effect of returning this service to the private sector, relieving the city of the expense of this service and the need to spend capital to upgrade or purchase new equipment and allowing the city to redeploy workers to other needed city tasks. (Ord. 398, 1988).

8.36.030 Exclusive contract.

The city council has determined that upon final passage of the ordinance codified in this chapter:

A. Any garbage and refuse collection firm granted a contract by the city council for such purpose shall have the exclusive right to collect all business and residential garbage, and rubbish generated in the city, subject only to the exceptions next set forth.

B. Any firm furnishing such collection services to any location in the city for at least three consecutive years prior to notification of the granting of such exclusive contract may continue to provide such services for not more than a five-year period commencing upon the mailing of notice to such firm of the granting of said contract. No such firm shall be entitled to render such services after final passage of the ordinance codified in this chapter, unless it shall render its services in substantial compliance with the terms of the exclusive contract and provide at least the same quality and frequency of service required of the firm granted the exclusive contract. Any such firm, operating after the granting of such an exclusive contract, shall pay the same franchise fee and charge up to the maximum rates for its services as are prescribed for the contracting firm pursuant to its contract.

C. Any firm, other than the city’s contract hauler, which engages in the business of garbage and/or rubbish collection in the city after final passage of the ordinance codified in this chapter, other than as expressly permitted pursuant to the provisions of this section, shall be guilty of a misdemeanor punishable as provided generally for violations of this code. (Ord. 398, 1988).