§ 106-61. Franchises.

(a)

Generally. The county council may enter into franchise agreements with one or more persons to provide for commercial collection service within specified or the whole unincorporated area of the county. Applicants for franchises shall submit a complete application prepared and made available by the director including, but not limited to, a nonrefundable application fee in the amount established by resolution of the council. Franchises may only be granted after a duly noticed public hearing after considering the application and upon a resolution of the county council.

(b)

Franchises not exclusive; term; cancellation. All franchises shall be nonexclusive and be for a term not to exceed five years. Said franchises may be cancelled by either party without cause upon one year's written notice.

(c)

Fee. Each franchise holder shall pay to the county a fee established by resolution of the council from commercial collections within the unincorporated area. This fee shall be paid monthly in arrears within 15 days of the end of the month. This fee shall go to help recover the costs associated with implementing and administering the mandatory commercial solid waste collection program and provide funds to facilitate the implementation of the Solid Waste Management Act of 1988.

(d)

Failure to operate. Failure to operate for a period of 30 consecutive days shall be grounds for automatic cancellation of the franchise.

(e)

Transfer. Franchises shall not be transferred without approval of the county.

(Ord. No. 89-37, § XI, 9-21-89; Ord. No. 2011-05, § I, 3-4-11)