§ 82-35. Exclusive franchise agreement.

(a)

The city may enter into an exclusive franchise agreement or agreements with any person to provide for residential and/or commercial solid waste, yard waste, recyclable materials, and other waste materials collection services as provided for in section 82-36 (grant of franchise), except as may be prohibited by state law. Each franchise agreement shall contain such terms and conditions as prescribed and set forth in the procurement documents of the city and shall be awarded in accordance with the procedures of the city commission.

(b)

This article herein sets forth the conditions of exclusive rights and privileges granted in the exclusive franchise agreement to provide collection services for solid waste, yard waste, recyclable materials, and other waste materials generated within the city. For the remainder of this chapter, the term solid waste shall not include sludge, yard waste, or recyclable materials.

(c)

If the city has entered into an exclusive franchise agreement, no other waste collector shall be permitted to provide those collection services exclusively granted by the franchise agreement.

(d)

The city may require a nonexclusive franchise, permit, or license for persons, firms, or corporations for collecting, hauling, processing, or disposing of solid waste or recovered materials not included in the exclusive franchise agreement.

(Ord. No. 3055-16 , § 2, 11-28-16)