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ADA CUUNTY RECORDER ~ •
J• DAVID HAVARRO
eD;s~. IDaxo FEEG~ DEPUTY
1000 JA 27 PM t:24 StP~'100006601
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
JANUARY 18TM, 2000
CITY OF MERIDIAN AND SANITARY SERIVCE, INC.
CITY COUNCIL APPROVAL 1-18-00
RESOLUTION #285
ORIGINAL COUNTERPART 1 OF 2
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
PARTIES: 1. City of Meridian
2. Sanitary Service, Inc.
THIS FRANCHISE AGREEMENT (this "Agreement"), is made and entered into
this /S~`` day of GLhu.~ 2000, by and between CITY OF MERIDIAN, a
municipal corporation of the Sta a of Idaho, hereafter called "CITY", and SANITARY
SERVICE, INC., an Idaho corporation, hereinafter called "SSP', whose current address is
722 W. Franklin, Meridian, Idaho 83642.
1. RECITALS:
1.1 WHEREAS, the "City" is bylaw charged with the duty of providing for the
preservation and protection of health and welfare of the inhabitants of the
City, and has the power and authority to regulate, control and provide for the
collection, hauling, transporting, keeping and disposal of all solid waste within
the corporate limits of the City, as it is provided in Chapter 1 of Title 4
Meridian City Code, as conferred to the City under the laws of the State of
Idaho; and
1.2 WHEREAS, an Agreement was entered into between the "City" and "SSP'
dated March 16, 1984, under authority of Chapter 3 of Title 7 of the Revised
and Compiled Ordinances of the City of Meridian; and
1.3 WHEREAS, by action at a council meeting held on May 21,1996, the "City"
extended the term ofthe Solid Waste Agreement from September 9, 1999 to
September 9, 2004; and
1.4 WHEREAS, it is the intent and desire of the Mayor and Council to exercise
their authority to select, and approve, an exclusive franchise agreement to
"SSP' to perform all services pertaining to solid waste collection and disposal
under the provisions of § 4-117 Meridian City Code.
1.5 WHEREAS, the City Council finds that "SSP' was provided and is qualified
to provide such a service and is willing and able to manage and maintain such
a service; and
1.6 WHEREAS, the parties hereto have renegotiated certain terms and
conditions of the Solid Waste Agreement under authority of said Chapter 1
ofTitle 4 Meridian City Code, and pursuant to the City's authority under I. C.
§ 50-329.
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 1 OF 13
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals aze contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the definitions as set forth in
§ 4-101 Meridian City Code, aze hereby adopted and incorporated herein as if set
forth at length, and the following terms are defined and interpreted as herein provided
for, unless the clear context of the presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "SSI": means and refers to Sanitary Service, Inc., a party to this Agreement,
which is an Idaho Corporation, whose current address is 722 W. Franklin,
Meridian, Idaho 83642.
4. GRANT OF FRANCHISE AND LICENSE: The "Cit}~' grants unto "SST'the
right to use the streets and alleys within the "City" for the purpose of collecting,
hauling and disposing of all "Solid Waste" in accordance with the provision of
Chapter 1 of Title 4 Meridian City Code, and any acts amendatory thereto. And, the
"City" further grants unto the said "SSI" the exclusive right and privilege as defined
herein, and by ordinance, to collect, haul, remove and dispose of all "Solid Waste" for
hire in the "Cit}~' for a period beginning on the 9r" day of September, 1999, and
terminating on the 30'" day of September, 2010, unless extended pursuant to the terms
of this Agreement; and as a system of "Solid Waste" collection, transportation and
disposal as provided for, and in accordance with, the provisions of Chapter 1 of Title
4 Meridian City Code, [a true and correct copy of which is attached and marked as
Exhibit "A", and by this reference incorporated herein] and any amendments or
recodifications thereto.
EXPANSION OF FRANCHISE AND LICENSE RESULTING FROM
EXPANSION OF CORPORATE LIMITS OF "CITY": The extent of "BSI's"
exclusive right to provide solid waste collection and disposal services to property
annexed by "City" after the execution of this Agreement is as follows:
5.1 In the event that the "City" shall annex any property which, immediately prior
to said annexation, was receiving solid waste collection and disposal services
from a third party pursuant to a franchise granted by any county or municipal
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 2 OF 13
corporation, after the expiration of ninety (90) days from the date said
annexation has received the approval of"Cit}~', the terms of this Agreement
shall extend to the newly annexed area and "SSP' shall exclusively provide
solid waste collection and disposal services to said annexed property.
5.2 In the event that the "City" shall annex any property which, immediately prior
to said annexation, was receiving solid waste collection and disposal services
from any third person or entity, and the third person's or entity's right to
provide such services was not as a result of a franchise granted by any county
or municipal corporation, upon the condition that the third person or entity
will agree to enter into a franchise agreement with "City", limited to the
continuation of the service being provided prior to the annexation and with no
expansion thereof, such solid waste refuse and disposal service may be
continued to be provided by said third person or entity to their existing
customers located in the annexed property.
6. COMPLIANCE WITH ORDINANCES: "SSI" agrees that the collection,
removal, transportation and disposal of solid waste as herein provided shall be in
compliance with all ordinances ofthe "City" relating thereto, and particularly in strict
compliance with the provisions of Chapter I of Title 4 Meridian City Code. It is
acknowledged and understood by "SSI" that this Agreement is subject to the police
power of the "Cit}~' to amend the above-described ordinances and/or pass additional
ordinances, subject to the terms of this Agreement, as may be necessary for the
preservation and protection of the health and welfaze of its inhabitants.
7. PERFORMANCE BY "SSI": "SSP' agrees to perform all ofthe services and work
set forth in this Agreement in a good, substantial, and workmanlike manner in
accordance with the terms of this Agreement and in compliance with existing laws,
ordinances, rules or regulations of any applicable regulatory authority or
governmental body.
8. AMENDMENT TO CHAPTER 1 OF TTTLE 4 MERIDIAN CITY CODE: As
a condition of the provisions of Chapter 1 of Title 4 Meridian City Code being
included as terms of this agreement, which shall include any amendments and
recodifications thereof, the "Cit}~' shall give "SSP' sixty (60) days notice (unless an
emergency exists that requires less notice be given) of any consideration by the City
Council of any proposed amendments, and "SSP' shall be given an opportunity to
provide input and to address the Council on any proposed amendments prior to a final
vote.
9. ADDTTIONAL SERVICES: The parties agree that the services "SSI" shall
perform pursuant to this agreement shall not include the curbside collection of
recyclable materials, sepazate curbside collection ofyazd waste, and/or the collection
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 3 OF 13
and disposal ofhazardous and biomedical wastes (hereinafter collectively refereed to
as the "Additional Services").
9.1 In the event the "Cit}~' and "SSP' shall mutually agree to expand the services
provided by "SSP' under this agreement to inciude any "Additional Services",
the parties shall execute a written amendment to this agreement which will
specifically set forth such "Additional Services", the additional consideration
to "SSP' for providing such services, and all other necessary terms and
conditions.
9.2 In the event the "City" shall desire to enter into an agreement with a third
party to provide all or any portion of the "Additional Services", the "City"
agrees that "SSP' shall have the first right of refusal to provide such services
upon the same terms and conditions as the "City" was willing to offer to the
third party, which first right of refusal shall be in accordance with the
following procedures:
9.2.1 Upon the "City" providing notice to "SSP' as provided in this
agreement of a written third party offer to provide such "Additional
Services", "SSI" shall have a period of forty two (42) days to accept
by providing timely written notice to the City as provided in this
agreement.
9.2.2 If "SSP' exercises its option, such "Additional Services" shall be
included in appropriate amendments to this agreement, as agreed to
between the parties.
9.2.3 If "SSI" does not exercise its option, the "City" may proceed to
contract with the third party on the same terms and conditions as were
provided in the notice to "SSP', and "SSP' shall have no further claim
or right to perform the "Additional Services" identified in said notice.
10. HAZARDOUS OR INFECTIOUS WASTE: The parties acknowledge that the
collection of hazardous and/or infectious waste, as defined by applicable laws, is
specifically excluded from this ageement, and "SSI" has no obligation to collect nor
dispose of such wastes. "SSI" shall exercise reasonable diligence to discover the
presence of such waste and shall not collect the same. In the event hazardous or
infectious waste is set out to be collected by "SSI", and is discovered by "SSI",
"SSI" shall report same immediately to "City", and "City" shall promptly undertake
appropriate action, including the enforcement of "City's" ordinances, to deter the
inclusion of hazardous and/or infectious waste in "Solid Waste" set out to be
collected by "SSP'. Ownership of, and title to, all hazardous or infectious waste
inadvertently collected by "SSP' shall remain with the generator thereof ifthe identity
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 4 OF 13
of such generator or producer can be reasonably determined; otherwise, the "City"
shall be responsible for the reasonable costs of the disposal of such waste.
11. UNLIaVIITED SERVICE TO RESIDENTIAL UNITS: Subject to the terms of this
Agreement and compliance with Chapter 1 of Title 4 Meridian City Code, the parties
acknowledge and agree that "SSP' shall collect all solid waste properly set out for
collection at, and generated by, any residential unit in the "City".
12. HOLIDAYS: "SSP' has the right to observe any or all of the below listed holidays
by suspending its collection services:
New Year's Day;
Memorial Day;
Independence Day;
Labor Day;
Thanksgiving Day; and
Christmas Day.
13. INSURANCE: For the purposes of this agreement, the "SSP' shall carry the
following types of insurance in at least the limits specified below:
Coverase
Worlwan's Compensation
Employer's Liability
General Liability:
Except automobile (bodily
injury and/or property damage)
Automobile bodily injury and/or
property damage liability,
combined single limit.
Limits of Liability
Statutory Limits
$1,000,000.00
$1,000,000.00 (per occurrence)
$1,000,000.00 (per occurrence)
13.1 At all times during the term of this franchise "SSP' will, at its own expense,
maintain in force general comprehensive liability insurance with an insurance
company approved by the City of Meridian. The coverage represented by the
policy or policies shall be for the protection of the City of Meridian, members
of its Mayor, Council and Commissions, and its officers, agents, and
employees against liability for loss or damages for bodily injury, death, and
property damage occasioned by the activities of "SSP' under the franchise.
Minimum liability limits under the policy or policies are as provided above for
personal injury or death ofany one person and as provided above for personal
injury or death of two or more persons, in any one occurrence, and as
provided above for damage to property resulting from any one occurrence.
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 5 OF 13
13.2 The policies mentioned in the foregoing pazagraph shall each contain a
provision that a written notice of any cancellation or reduction in coverage of
the policies shall be delivered to the City of Meridian at 33 E. Idaho,
Meridian, Idaho 83642, thirty (30) days in advance of the effective date of any
cancellation.
14. PROVIDING FOR LIlVIITATION ON FRANCHISE: No privilege or exemption
is granted or conferred by this franchise except those specifically prescribed in
Chapter 1 of Title 4 Meridian City Code. Any privilege claimed under the franchise
by "SSP' in any street, alley, or other public place shall be subordinate to the
jurisdiction of the Ada County Highway District and any lawful occupancy of any
such street, alley, or other public place by grantor or by any other public agency, and
to prior lawful occupancy of any such street, alley, or other public place by any other
entity or person.
15. ASSIGNMENT OF FRANCHISE: "SSP' shall not have the right to assign this
franchise or otherwise transfer it in any manner whatsoever, except on the prior,
express, and written approval by "City", which approval shall not be unreasonably
withheld in the event the assignee is a solid waste disposal entity with sufficient
experience and financial resources to perform this Agreement.
16. REFUSAL TO FOLLOW POLICY AND/OR PRACTICE: In the event "SSI"
should refuse to follow a policy and/or practice required by the "City", pursuant to
this agreement, which would, if followed, result in death or injury to any person,
damage or destruction of property, contamination or adverse effects on the
environment, or a violation of statutes, rules or regulations of any governmental
agency, "SSI" shall not be in default of this agreement.
17. "SSP' TO INDEMNIFY "CITY": "SSP' shall indemnify and hold "City", and its
officers, agents, and employees, harmless from any and all liability, damage, or
expense, including attorney fees, which may be brought, claimed, or pursued against
"Cit}~' or its representatives, arising out of the intentional act, negligence or omission
of "SSP' or its employees, agents or representatives, including, but not limited to,
death or injury to any person, damage or destruction of property, contamination or
adverse effects on the environment, or any violation of statutes, rules or regulations
of any governmental agency.
18. "CITY" TO INDEMNIFY "SSI": "Cit}~' shall indemnify and hold "SSP', and its
shareholders, officers, directors, agents, and employees, harmless from any and all
liability, damage, or expense, including attorney fees, which may be brought, claimed
or pursued against "SSP' or its representatives, arising out of the intentional act,
negligence, or omission of "City", its employees, agents, representatives and/or
subcontractors, including, but not limited to, death or injury to any person, damage
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 6 OF 13
or destruction of property, contamination or adverse effects on the environment, or
any violation of statutes, rules or regulations of any governmental agency.
19. "CITY" TO BILL AND COLLECT FOR "BSI's" SERVICES: "City" agrees to
perform all billing and collection services for all services performed by "S SP' pursuant
to this agreement, as follows:
19.1 "City" shall receive and account for all monies both billed for and collected.
19.2 For billing and collection services rendered, "City" shall receive an
administrative fee in the amount of six percent (6%) of all amounts paid to
"SSP'.
19.3 "Cit}~' shall bill and settle all accounts arising from this agreement monthly,
and "SSP' shall receive payment for services rendered no later than the fifth
(5'") day of each month.
19.3.1 In the event the fifth (5°i) day of the month shall fall on a weekend or
legal holiday, payment to "SSP' shall occur on the next business day
following the weekend or holiday.
19.3.2 The monthly payment to "SSP' shall include all amounts billed by
"City" for "SSP' during the preceding month.
19.4 With reasonable advance notice to "Cit}~', "SSP' shall have the right to inspect
"City's" books and records at all reasonable times to verify amounts billed or
as necessary for "SSP' to perform.
19.5 The "City" shall bill all apartments, businesses, or other units where multiple
tenants occupy a building or buildings with a common owner for services
provided by "SSP' to the registered owner of said premises as shown on the
records of the "Cit}~'. This billing procedure shall not apply if the owner of
the multiple tenant facility agrees in writing that the occupants thereof shall
be billed individually and will pay for such services, and the owner agrees to
pay for all amounts which remain delinquent after the expiration ofthirty (30)
days.
20. PAYMENT TO "BSI": "City" shall pay "SSP' the initial rates for "BSI's" services
set forth in this Agreement, which shall include reimbursement for all costs, fees and
other expenses of"SSP' associated with providing said services (except for increases
in landfill costs, if any, as set forth in Section 22, below), in the amounts as set forth
in the attached Exhibit `B" which is incorporated in full by this reference.
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 7 OF 13
21. ADJUSTMENTS IN "BSI's" RATES: Commencing on the first day of October,
1999, and continuing on the same date of each year thereafter during the term of this
agreement, the parties shall review "S BI's"then-current rates and changes for services
and agree that said rates shall be increased subject to compliance with the notice and
hearing provisions of Idaho Code §63-1311A, decreased, or remain the same for the
following year, as follows:
21.1 The rates for "BSI's" services, minus landfill disposal costs, shall be adjusted
to reflect changes in "BSI's" cost of doing business as reflected by ninety
percent (90%) of the net percentage of change in the Consumer Price Index
for the Pacific Northwest ("CPI"), as published in the Survey of Current
Business, published monthly by the United States Department of Commerce,
Bureau of Economic Analysis.
21.2 The CPI for all commodities for the month of July for both the current year
and the prior yeaz shall be determined from the August issue of the Survey of
Current Business. The difference between the two CPI figures shall be
determined by subtracting the prior yeaz's monthly figure from the current
yeaz monthly figure, with the difference being divided by the prior yeaz's
monthly figure to determine the percent of change.
21.3 The adjustment, if any, from the rates for the previous year shall be calculated
as follows:
(Percent of change in the CPI) times (.90) = current yeazs's adjustment ("A");
[(prior yeaz's total rate in dollars) minus (landfill disposal portion of rate]
times (1.00 + "A") =new rate.
(new rate) plus (landfill disposal portion of rate) =New Total Rate
21.4 The parties may also mutually agree, in writing, to maintain the current year's
rates for the following yeaz as justified by existing economic conditions.
22. INCREASE IN LANDFILL DISPOSAL COSTS: "Cit}~' and "SSP' acknowledge
that "BSI's" costs to dispose of the solid waste collected in the "City" (hereinafter
referred to as "Landfill Costs") constitute a significant portion of "BSI's" total cost
to perform the services set forth in this agreement, and that said costs are generally
beyond the control or influence of "SSP'. The parties agree that in the event of an
increase in Landfill Costs to "SSP', "SSP' shall notify "City" of the amount of any
increase, and the increase to "SSP' for Landfill Costs shall be passed through by an
increase in the current rate structure to enable "SSP' to recover these costs, plus the
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 8 OF 13
"City's" collection fee, as set forth above. Subject to compliance with the provisions
of Idaho Code §63-1311A (in the event the amount of the Landfill Cost increase
exceeds the then-current disposal rates), the "City" agrees to prompEly undertake all
necessary action to approve the rate increase within thirty (30) days of receipt of a
written request from "SSP' for said increase. "BSI's" right to seek the payment of
increased Landfill Costs as they are incurred shall exist during the term of this
agreement, and any extension thereof, and any such increase shall be separate from,
and in addition to, any yeazly adjustment in the rates for "BSI's" services as set forth
in Section 21, above.
23. INCREASE IN COSTS RESULTING FROM CHANGE IN LAW,
REGULATIONS, OR COURT DECISIONS: In the event there is a change in
any applicable federal, state, or local statute, ordinance, law, regulation, or ifthere is
any decision by a court of competent jurisdiction, which results in additional costs or
expenses for "SSP' to provide the services required hereunder, then "SSP' and "City",
within thirty (30) days ofwritten notice to "City" by "SSP', shall within a reasonable
time negotiate in good faith and agree upon an appropriate increase in the rates for
"BSI's" services to cover directly related additional cost.
24. DEFAULT BY "BSI": In event "SSP' shall fail to perform the services required
under this agreement, or shall default in the performance thereof, "City" shall have the
right to cancel this agreement upon first giving "SSP' sixty (60) days written notice,
which shall specify both the nature and manner in which "SSP' is in default, and upon
"BSI's" failure to correct or remove said default within said period of sixty (60) days,
the "City" shall have the right to declaze this agreement forfeited. Upon such
declaration offorfeiture, "City" shall account for, and pay to, "SSP' for all monies due
on the date of forfeiture. Also, in the event of such declazation of forfeiture, "SSP'
shall immediately cease and desist from the performance of any services under this
agreement within the City of Meridian, and "Cit}~' shall be immediately released from
this ageement and shall have the right to enter into such other and different
agreements as it may deem necessary for the collection and disposal of sotid waste
generated within the City limits.
In the event of any failure of violation, the City of Meridian may sue in its own name
in the manner provided by law for the forfeiture of the franchise without the necessity
of resorting to procedures in quo warrartto. T'he exercise of the remedy of forfeiture
shall not preclude exercise of any other right or remedy given to "City" by law,
whether exercised concurrently or subsequently.
25. AUTHORITY: This agreement is entered into under the authority of Chapter I of
Title 4 Meridian City Code.
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 9 OF 13
26. INITIAL TERM OF AGREEMENT AND NOTICE OF TERMINATION:
Subject to any right of the "City" to terminate this Agreement as a result of a breach
and fail to cure by "SSP', the original term of this Agreement shall continue through
September 30, 2010. Thereafter, as a result of the rapid rate ofgrowth ofthe "City"
and commensurate significant capital investment that is required by "S SI" to meet the
expected future solid waste collection needs of the "City", the parties agree that the
term of this Agreement shall be automatically extended on a year-to-year basis
thereafter. In the event the "City" shall desire to terminate this Agreement, it shall
provide "SSP' with a written notice of intention to terminate, and the termination of
the Agreement shall become effective seven (7) yeazs from the date of"S SI's" receipt
of said notice.
27. WAIVER: The failure of either party hereto to insist in any one or more instances
upon strict performance of any provision of this agreement by the other party hereto,
or to take advantage of any of its rights hereunder, shall not be construed as a waiver
of any provision or the relinquishment by it of any such rights in respect of any
subsequent nonperformance of such provision; but the same shall continue and remain
in full force and effect.
28. PARTIAL INVALIDITY: Whenever possible, each provision of this agreement
shall be interpreted in such a way as to be effective and valid under applicable law.
If a provision of this agreement is prohibited by, or invalid under, applicable law, it
shall be ineffective only to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this
agreement.
29. MAP OF COLLECTION AREAS: During the term of this Agreement, the parties
agree that "City" shall provide "SSI" with periodic updated maps which shall identify
all additional refuse collection azeas arising from the in-fill development ofland within
the corporate limits of the "City", and which shall also identify any expansion of the
corporate limits of the "City" by annexation or otherwise.
30. TIME OF ESSENCE: Time is of the essence of this agreement.
31. LITIGATION BETWEEN THE PARTIES: Inthe event ofany litigation between
the parties concerning this agreement, the unsuccessful party in such litigation shall
fully reimburse the prevailing party for all reasonable costs and expenses, including
reasonable attorney's fees, incurred in such litigation.
32. GOVERNING LAW: This agreement shall be governed by and construed in
accordance with the laws of the State of Idaho.
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 10 OF 13
33. HAND-WRTTTEN PROVISIONS: Hand-written provisions inserted in this
agreement, and initialed by the parties in ink, shall control all type-written provisions
in conflict therewith.
34. TITLES AND HEADINGS: Titles and headings to articles, sections, or pazagraphs
of this agreement are inserted for convenience of reference and aze not intended to
affect the interpretation or construction of this agreement.
35. NOTICES: Any notice under this agreement shall be in writing and shall be treated
as duly delivered ifthe same is personally delivered or deposited in the United States
Mail, certified, return receipt requested, postage prepaid, and properly addressed as
follows:
To "City": Mayor
City of Meridian
33 East Idaho Street
Meridian, Idaho 83642
To "SSP': Joe Johnson, President
Sanitary Service, Inc.
722 W. Franklin
Meridian, Idaho 83642
36. AUTHORITY OF THE PARTIES: Each party to this agreement represents and
warrants that the execution, delivery, and performance of this agreement has been
duly authorized by all necessary action of such party and is a valid and binding
obligation upon the persons or entity signing this agreement.
37. EXECUTION AND COUNTERPARTS: This agreement may be executed in one
or more counterparts, each of which shall be deemed an original agreement, but all
of which shall be considered one instrument.
38. ENTIRE AGREEMENT: This agreement constitutes the entire agreement among
the parties to it and supersedes any prior understanding or agreement.
39. SUCCESSORS AND ASSIGNS: This agreement may not be assigned without
mutual consent and the same shall require an amendment of the agreement.
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 11 OF 13
IN WITNES S WHEREOF, the parties have herein executed this agreement and made
it effective as herein above provided.
CITY OF
.~;~.~
CT's
ROBERT D. CORRIE
- - - ~. -
WII.LIAM G. BERG, ., T~ CL 3~K
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90
aPP~ rC d E+~ CEI~ Caw,.e.,tyi /-l ~ ~~P~u+'~ + ~ • ~~`
~~ r'"~`A~II`TARY SERVE, INC.
BY:
J E J ON, PRES ENT
ATTEI~e~' ~'"- ~~~>~
STEVESEDLACEK,SECRETARY
FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 12 OF 13
ACKNOWLEDGMENTS
STATE OF IDAHO )
ss
County of Ada )
~cLS
On this Z3r~ day of ~e f C'i~~ in the yeaz ~99~~before me,
rIIM~~.~neu..~ a Notary Public, personally appeared Joe Johnson and Steve
Sedlacek, known or identified to me to be the President and Secretary of Sanitary Service,
Inc., who executed the instrument or the persons that executed the instrument of behalf of
said corporation, and acknowledged to me that such corporation, executed the same.
o••"" FR '"•.
"~`:r~pTggY ~_
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L~4 pUBLiG
~''4 TE OP 19Q.p~~
STATE OF IDAHO )
Notary Public for Idaho
Commission expires: (~7.1/zoas
:ss
County of Ada ) ~` "
On this day of ~f~GCC~-1'~ in the yeaz 2000, before me, a
Notazy Public, personally appeared Robert D. Come and William G. Berg, known or
identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument ofbehalf of said City, and
acknowledged to me that such City executed the same.
• ~: pTA,~'~ i
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•
~•
(SEAL) %x~ ~N• Nota is for Idaho
Commission expires: Gj~2(p/0~
'~ '~ ~ ~:
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FRANCHISE AGREEMENT TO PERFORM
SOLID WASTE COLLECTION AND DISPOSAL SERVICES -PAGE 13 OF 13
RESOLUTION
I, Steve Sedlacek, the undersigned Secretary of Sanitary Service, Inc.(hereinafter
referred to as the "Corporation"), hereby certify as follows:
1. The Corporation is organized and existing under and by virtue of the laws of the
State Of Idaho.
2. At a meeting of the Directors of the Corporation (or by other authorized corporate
action in lieu of a meeting), duly called and held on December ~, 1999, at which
a quorum was present and voting, the following resolutions were adopted:
BE IT RESOLVED, That on behalf of the Corporation, the President,
Joe Johnson, and Secretary, Steve Sedlacek, are hereby authorized
to execute a Franchise Agreement to Perform Solid Waste Collection
and Disposal Services, between the Corporation and the City of
Meridian; and
BE IT FURTHER RESOLVED, that the President and Secretary,
and/or other officer(s) of the Corporation are hereby authorized to
execute such other or further documents as may be required to
complete the grant of the franchise for solid waste collection and
disposal from the City of Meridian to the Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this ~ day of December,
1999.
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_ a(SE1~L~ Steve Sedlacek, Secretary
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EXHIBIT A
CHAPTER 1 - 9 PAGES
ORDINANCE 851 - 22 PAGES
RESOLUTION 285 - 4 PAGES
TOTAL PAGES 35
4-1-1
CHAPTER 1
SANITARY SERVICE SYSTEM
SECTION:
4-1-1
4-1- 1: Definitions
4-1- 2: Responsible Authority
4-1- 3: Compulsory Use Requirement
4-1- 4: Refuse Collection System; License Or Contract Required
4-1- 5: Rules And Regulations
4-1- 6: Collection Fees
4-1- 7: Billing And Collection Of Fees
4-1- 8: Disposition Of Fees
4-1- 9: Refuse Container Requirements
4-1-10: Collection Period
4-1-11: Special Handling Of Rubbish; Compost
4-1-12: Garbage Accumulations By Businesses
4-1-13: Accumulation Of Refuse Prohibited
4-1-14: Burning And Dumping Restricted
4-1-15: Disposal Site
4-1-16: Inspection; Right Of Entry
4-1-17: Materials Not Collectible
4-1-18: Penalty
4-1-1: DEFINITIONS:
COLLECTOR: The person holding a license or contract with
the City of Meridian, or employed by the City of
Meridian to collect, handle, transport and
dispose of refuse and wastes.
GARBAGE: Shall include all putrescible waste, except
sewage and body waste, including waste
accumulated of animal food or vegetable matter,
and including waste that attends the
preparation, use, cooking, dealing in or storing
of meat, fish, fowl, fruit and vegetables, and
City o/'Meridian
4-1-1 4_t_t
shall include all of such wastes or
accumulations of vegetable matter of
residences, restaurants, hotels and places
where food is prepared for human consumption.
The term "garbage" shall not include recognized
industrial by-products.
INSPECTOR: The authorized employee or employees of the
City of Meridian or some individual designated
by the City Council as having the duty of
enforcement of this Chapter.
OWNER OR A. Owner: The person owning the real property
OCCUPANT: where garbage or other refuse is created or
accumulated.
B. Occupant: The person in possession, charge
or in control of any dwelling, flat, rooming
house, or any eating place, shop,- place of
business, manufacturing or business
establishment where garbage or other refuse is
created or accumulated.
PERSON: Any person, firm, partnership, association,
institution or corporation, and in the plural as
well as singular.
REFUSE: Solid wastes, including garbage and rubbish.
RUBBISH: Refuse other than garbage (tin cans, bottles,
ashes, paper, pasteboard, cardboard or wooden
boxes, brush, leaves, weeds, and cuttings from
trees, lawns, shrubs, and gardens or other
waste materials produced in normal course of
doing business or everyday living). The term
"rubbish" shall not include recognized industrial
by-products.
WASTE: Unwanted solid, liquid, or gaseous materials.
(Ord. 95, 6-2-1958; amd. Ord. 375, 7-7-1980)
City o/'Meridian
4-1-2
4-1-4
4-1-2: RESPONSIBLE AUTHORITY: The City Clerk or the Clerk's
designee and such other persons as may be appointed by the
Mayor and Council shall be responsible for the enforcement of the
provisions of this Chapter and other duties as the City Council may
prescribe, and there shall be designated as a member of the Police
Department, a Sanitary Inspector, who shall enforce the same under the
supervision of the Chief of Police. (Ord. 95, 6-2-1958; amd. 1999 Code)
4-1-3: COMPULSORY USE REQUIREMENT:
A. Use Of Collection System Required: Every owner and occupant of
premises within the prescribed limits of the City must use the refuse
collection and disposal system herein provided and shall deposit or
cause to be deposited in accordance with this regulation all rubbish
and garbage that is of such nature that it is perishable, or may
decompose, or may be scattered by wind or otherwise, which is
accumulated on such premises.
B. Special Permit Issuance For Special Circumstances: Provided,
further, that in areas in the City where the collection of garbage and
refuse on the schedules hereinafter set forth would be impracticable,
the City Council may issue a special permit altering the time and
extent of collection. (Ord. 95, 6-2-1958)
4-1-4: REFUSE COLLECTION SYSTEM; LICENSE OR
CONTRACT REQUIRED:
A. System Established; License Or Contract: There is hereby
established a system of refuse collection, transportation and
disposal. It shall be unlawful for any person to engage in the
business of collecting, transporting, hauling, or conveying any refuse
over the streets or alleys of Meridian, or to dump or dispose of the
same, unless and until such person is licensed therefor, or has a
contract therefor as an authorized representative of the City.
B. Council Authority: The Mayor and Council is the sole authority to
license, contract or perform all services pertaining to sanitary
collection and disposal under the provisions of this Chapter and to
establish reasonable fees for licenses and are authorized to enter
into contracts with one or more contractors, and may establish
reasonable rules and regulations governing the conduct and
operation of such licensees or contractors.
City of Meridian
4-1-4
4-1-8
C. Bond: The Council may require of any such collector or contractor a ~.
bond in a reasonable amount, and the condition of which shall be the
satisfactory performance of the contract. (Ord. 95, 6-2-1958)
4-1-5: RULES AND REGULATIONS: The City Council is hereby
granted the authority to adopt rules and regulations pertaining
to the sanitary service system, including but not limited to the setting of
fees and rates. (Ord. 370, 5-19-1980; amd. 1999 Code)
4-1-6: COLLECTION FEES:
A. Fees Set By City Council: Fees and rates for the collection of
garbage and rubbish shall be set by rules and regulations of the
Council of the City.
B. Special Permit For Special Circumstances: Provided further, that
where the enforcement of the provisions of this Chapter will work a
financial hardship, or where the amount of rubbish and garbage is of
such small amounts as to not warrant the collection of the full
charges as herein provided, the Mayor and Council may issue a
special permit altering the provisions of this Chapter. (Ord. 181,
4-7-1969) {
4-1-7: BILLING AND COLLECTION OF FEES: Fees shall be billed
to and paid by the owner of the premises served by the
sanitary service system. Fees shall be carried on the water bill, and the
same shall be paid with the water bill, and the Water Department is
authorized to discontinue service to the owner's premises if the entire water
and garbage bill shall not be paid. Said sanitary service system fees which
become delinquent shall be treated the same as delinquent water fees and
shall be subject to the same penalties, including the same shall become a
lien on the premises and shall be collected with the taxes. Further, any
owner leaving a delinquency at one location shall not be entitled to service
at a new location until all delinquencies in sanitary service system fees are
paid. (Amd. Ord. 375, 12-15-1980)
4-1-8: DISPOSITION OF FEES: The proceeds from the collection of
fees and charges herein provided shall be placed in a special
fund to be known as the "Sanitary Service Revenue Fund", and all
expenses of the City in the operation of the sanitary collection system shall
•-.,.,
City o/' Meridian
4-1-8
4-1-9
be paid out of such Fund and any surplus remaining therein at the end of
each fiscal year may be transferred by the Council to the General Fund.
(Ord. 95, 6-2-1958)
4-1-9: REFUSE CONTAINER REQUIREMENTS:
A. Container Requirements: It shall be the duty of every owner or
occupant of any place where garbage or rubbish is created or
accumulated to at all times keep or cause to be kept portable
appurtenances consisting of metal or other approved type of
container for the deposit therein of rubbish and garbage, and except
as otherwise provided, to deposit or cause to be deposited all
rubbish and garbage therein. All garbage shall, before deposit in
such can, be wrapped in paper or other material so as to prevent the
escape of liquids therefrom. All such containers shall be watertight,
not easily corrodible, rodent, and flyproof, and shall be equipped with
handles and a close fitting lid. Such containers shall not be less than
twenty (20) gallons' capacity nor more than thirty two (32) gallons'
capacity, and limited to eighty (80) pounds in weight. The containers
shall not be less than twenty eight (28) gauge metal or the
equivalent, and be hot-dipped after fabrication to ensure nonleaking
cans or a can that is guaranteed by the manufacturer, and also
labeled, to be leakproof regardless of manufacturing processes.
Such lid shall not be removed except when necessary to place
garbage and rubbish in such container or to take the same
therefrom. Whenever garbage or rubbish is placed therein or taken
therefrom, such lid shall be replaced by the person placing or taking
therefrom such garbage or rubbish.
B. Maintenance Of Containers: Such containers shall be kept in
sanitary condition, with the inside and outside thereof washed at
such times as to keep the same free and clean of all accumulating
grease and decomposing material and so that no odor nuisance shall
exist.
C. Location Of Containers: All garbage or refuse cans shall be kept in a
place accessible to the collector; provided, that in the case of
isolated dwellings or places of business or where reasonable access
cannot be had by a truck, the cans may be kept in such places as
may be agreed by the owner and collector, or at such place as may
be designated by the Inspector; provided further, that whereas there
is no alley entrance, such cans shall be placed on the street curb on
collection day. (Ord. 370, 5-19-1980)
City of Meridian
4-1-10
4-1-12
4-1-10: COLLECTION PERIOD: Collectors shall collect rubbish and
garbage from each customer of such collector at least once
each week, or as provided by the rules and regulations of the City Council
as allowed in Section 4-1-5 of this Chapter. (Ord. 370, 5-19-1980)
4-1-11: SPECIAL HANDLING OF RUBBISH; COMPOST:
A. Handling Of Rubbish: Rubbish consisting only of cardboard, or
wooden boxes, brush, leaves, weeds and cuttings from trees, lawns,
shrubs, and gardens, may be kept separately without depositing in
such containers; provided, that bulk materials, such as leaves shall
be in a can, box, sack, or receptacle for ease of loading and such
material as brush and limbs shall be tied in bundles not to exceed
four feet (4') in length.
B. Compost Piles: Compost piles may be maintained for fertilization
purposes and matter used for fertilization purposes only may be
transported, kept and used; provided, that the same shall not
constitute a nuisance.
C. Compliance With Fire Department Regulations: Nothing contained in
this Section shall be construed so as to permit any violation of any
laws or any rules or regulations of the Fire Department. (Ord. 95,
6-2-1958)
4-1-12: GARBAGE ACCUMULATIONS BY BUSINESSES:
A. Designation As Separate Class Of Premises: To ensure the health of
the inhabitants of the City, the Council hereby ordains that premises
and businesses, such as, but not limited to, restaurants, grocery
stores, hospitals, butcher shops and establishments wherein large
accumulations of garbage occur, are nuisances to the extent that the
same shall be, and are hereby in the manner and method hereinafter
provided, designated as a separate class of premises for the °^
collection and disposal of garbage and rubbish and the same shall ~~,
be deposited separately in suitable cans and containers. The
inspector shall designate such premises wherein large
accumulations of garbage occur and shall notify the owner of such
premises of such designation.
B. Deposits Of Garbage In Containers: After such notification by the
inspector, all rubbish and garbage accumulated upon such premises
City o(Meridian
4-1-12 4-1-14
shall be deposited separately, in containers for garbage as approved
by the Council. (Ord. 95, 6-2-1958)
4-1-13: ACCUMULATION OF REFUSE PROHIBITED: It shall be
unlawful for any person to permit or to suffer to accumulate in
or about any yard, lot, place or premises, or upon any street, alley or
sidewalk adjacent to such lot, yard, place or premises owned or occupied
by such person, any garbage or refuse so as to cause such yard, lot,
premises, or the street, alley or sidewalk adjacent thereto, to be or remain
in such condition as to cause or create a nuisance or offensive odor or
atmosphere or rodent harborage, or thereby to be or to become, or cause
or create, a public nuisance, within the limits of the City. (Ord. 95,
6-2-1958)
4-1-14: BURNING AND DUMPING RESTRICTED: No person shall
burn, incinerate, bury, dump, collect, remove or in any other
manner dispose of rubbish or garbage within the limits of Meridian, except
as hereinafter provided.
A. Incinerators:
1. Interior Incinerators: Any person may use an incinerator in the
interior of a building between the hours of seven o'clock (7:00) A.M.
and seven o'clock (7:00) P.M., provided such incinerator meets the
requirement of the Building Code'.
2. Exterior Incinerators: Burning of rubbish is allowed to exterior
incinerators between the hours of nine o'clock (9:00) A.M. and five
o'clock (5:00) P.M. Such incinerators shall be built of noncombustible
material and shall have a minimum ten foot (10') stack covered by
one inch (1") wire mesh screen. Nothing herein shall be construed to
prohibit the use of outdoor fireplaces, barbecue pits, or grills, in
preparing of food or for recreational purposes.
B. Open Burning: Burning of rubbish may be done in vacant lots by the
owner thereof upon obtaining a permit from the Fire Department for
such burning2.
1. See Title 10, Chapter 1 of this Code.
2. See also Title 5, Chapter 2 of this Code.
City of Meridian
4-1-14
4-1-17
C. Deposits In Streets, Ditches: No person shall throw, discard or
deposit any rubbish, garbage, or refuse in or upon any street, alley,
sidewalk or vacant ground, or in or upon any canal, irrigation ditch,
drainage ditch or other watercourse. (Ord. 95, 6-2-1958)
4-1-15: DISPOSAL SITE:
A. Designation Of Site: For the purpose of the protection and
preservation of the health and welfare of the inhabitants of the City,
there is hereby established at such places and locations as the City
Council may from time to time designate by motion or order, a place
for the dumping and depositing of rubbish and garbage and any such
place or location shall be known and the same is hereby designated
as the "City disposal site".
B. Authority Of Inspector: The inspector shalt have the authority of a
police officer to enforce all the laws, rules and regulations governing
the City disposal site. The location of the City disposal site shall be
chosen with regard to drainage and topography for the operation of a
sanitary landfill. All rubbish and garbage deposited at the City
disposal site shall be covered with alternate layers of earth. The
exact method of earth fill, and amount and depth of layers of earth,
and regulations for rodent and pest control shall be prescribed by the
inspector, in cooperation and agreement with the health authorities,
for each City disposal site as the site for the same is designated.
(Ord. 95, 6-2-1958)
4-1-16: INSPECTION; RIGHT OF ENTRY: The Chief of Police, or
such person as may be designated as the Sanitary Inspector,
or any other person concerned with the enforcement of laws shall have the
right of ingress or egress to any premises for the purpose of inspecting all
places and containers where rubbish or garbage is accumulated or kept.
(Ord. 95, 6-2-1958)
~~,
4-1-17: MATERIALS NOT COLLECTIBLE: Dirt or earth debris from
construction or lawn renovation, rocks, stones, automobile
bodies and parts, dead animals, building materials such as masonry plaster,
scrap lumber, and wood shavings, are not acceptable for collection, and
such items shall be collected and disposed of by the building contractor,
owner, or occupant of the premises. (Ord. 95, 6-2-1958)
City of Meridian
4-1-18
4-1-18
' 4-1-18: PENALTY: The violation of any of the provisions of this
Chapter or the rules and regulations adopted hereunder shall
be a misdemeanor punishable as provided in Section 1-4-1 of this Code.
(Ord. 370, 5-19-1980; amd. 1999 Code)
City of Meridian
ORDINANCE NO. SS~
AN ORDINANCE OF THE CITY OF MERIDIAN RELATING TO SANITARY
SERVICE SYSTEM, REPEALING CHAPTER I, TITLE 4 OF THE MERIDIAN
CITY CODE; PROVIDING FOR A NEW CHAPTER I, TITLE 4 OF THE
MERIDIAN CITY CODE TO BE KNOWN AS "SANITARY SERVICE
SYSTEM"; PROVIDING FOR DEFINITIONS, ESTABLISHING A
RESPONSIBLE AUTHORITY FOR THE ENFORCEi~tENT OF THE
PROVISIONS OF THE CHAPTER; PROVIDING FOR COMPULSORY USE
SOLID WASTE COLLECTION; PROVIDING FOR SOLID WASTE
COLLECTION, TRANSPORTATION AND DISPOSAL AND MAIQNG IT
UNLAWFUL TO CONDUCT SUCH BUSINESS WITHOUT A FRANCHISE;
PROVIDING THAT IT IS UNLAWFUL TO ACCUMULATE SOLID WASTE
AND DECLARING IT TO BE A PUBLIC NUISANCE; PROVIDING FOR
REGULATION OF WASTE RESULTING FROM CONSTRUCTION
ACTIVITIES AND COMPOST PILES; PROHIBITING OPEN BURNING .AND
DUMPING OF SOLID WASTE; PROVIDING FOR THE REGULATION OF
THE LOADING OF CONTAINERS; PROVIDING THAT IT IS UNLAWFUL
FOR CUSTOMERS TO DEPOSIT PROHIBITED WASTES NOT IN
COMPLIANCE WITH THE ORDINANCE; DEFINING AND MAIQNG THE
THEFT OF COLLECTION SERVICES UNLAWFUL; PROVIDING THAT IT IS
A VIOLATION OF THE ORDINANCE FOR PERSONS TO DISCARD SOLID
WASTE IN SPECIFIED LOCATIONS SUCH AS STREETS, ALLEYS, VACANT
LOTS, ETC.; PROVIDING FOR THE REGULATION OF THE STORAGE OF
SCRAP TIRES; PROVIDING FOR SPECIAL HANDLING OF SOLID WASTE
MATERIALS, PRESCRIBING COLLECTION FREQUENCY; PROVIDING FOR
A BOARD OF ADJUSTMENT AND ITS AUTHORITY TO PRESCRIBE RULES
AND REGULATIONS AND TO ADJUST RATES; PROVIDING FOR THE
REGULATION OF COMMERCIAL, RESIDENTIAL, AND MULTI-FAMILY
PREMISES SERVICE; REQUIRING A SITE PLAN FOR COMMERCIAL OR
MULTI-FAMILY NEW CONSTRUCTION OR REMODELS; PROVIDING FOR
COLLECTION FEES AND A METHOD OF COLLECTION AND
DISPOSITION OF FEES; PROVIDING FOR ARIGHT-OF-ENTRY TO
PREMISES FOR INSPECTION; PROVIDING FOR FRANCHISEE
LICENSING; CONTRACTING AND BONDING OF ALL SERVICES
PERTAINING TO SANITARY COLLECTION AND DISPOSAL OF SOLID
WASTE; AND PROVIDING FOR AN EFFECTIVE DATE.
Page 1 of 22
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Chapter 1 of Title 4 of the Meridian City Code,
be, and the same is hereby repealed.
SECTION 2: That Title 4 of the Meridian City Code, be, and the
same is hereby amended by the addition thereto of a new Chapter 1, to be
known and designated as Chapter 1, Title 4, Meridian City Code, and to read
as follows:
CHAPTER 1
SANITARY SERVICE SYSTEM
4-101: DEFINITIONS:
(A) Acts County Highway District (ACRD) shall mean the Ada County Highway District, a
county wide highway district of Ada County, Idaho, duly formed and existing under
Chapter 14 of Title 40, Idaho Code.
(B) Bcilby Wasre shall mean waste materials intended for landfill disposal, except for major
appliances; with sizes, weights or volumes greater than those allowed for trash
containers, such as water tanks and furniture. Bulky waste does not include
construction debris, dead animals, hazardous materials, or animal stable matter.
(C) City shall mean the City of Meridian, Idaho.
(D} Commercial premises shall mean business, industrial, and institutional premises and
activities, as distinct Erom residential or multi-family premises.
(E) Customer shall mean an occupant or owner of any premises, including household,
apartment, business, institution or ocher establishment in the City for which solid
waste service is, or has been, provided.
(F) Franchisee shall mean any person authorized by the City of Meridian, or employed by
Page 2 of 22
the Ciw of Meridian to collect, handle, transport and dispose of solid waste anei~"or
recyclable materials and who has executed a Franchise Agreement with the City of
Meridian.
(G) Ha_urdous ~~laterials or Wastes shall mean any chemical, compound, mixture, substance
or article which is designated by the United States Environmental Protection Agency
or appropriate agency of the state co be a "hazardous waste" or "hazardous substance"
as those terms are defined by federal or state law.
(H) lnspecror shall mean the authorized employee or employees of the City of Meridian or
some individual designated by the City Council as having the duty of enforcement of
this Chapter.
(I) Multi-Family Premises shall mean multi-family structures with two (2) or more dwelling
units, condominium complexes of all sizes, mobile home parks or manufactured
housing communities, clusters of detached homes and duplexes where owners choose
centralized solid waste collection in containers provided by the Franchisee rather than
individual solid waste can service. Multi-Family does not include dwelling hotels,
motels, hospitals, nursing homes, or other congregate housing, care, or institutional
facilities.
(J) Occupant shall mean the person in possession, charge or in control of any unit in a
multi-family premises, residential premises, commercial premises or other premises
where solid waste is created or accumulated. (Ord. 375, 7-7.80)
(K) Overloadin; shall mean exceeding the container weight capacity or allowance, allowing
objects to protrude outside of the container, or stacking objects against the container.
(L) Owner shall mean the person owning the real property where solid waste is created or
accumulated.
(M) Person shall mean any person, firm, partnership, association, institution, limited
liability company, corporation, trust and/or any other legal entity whether for profit
or nonprofit, public or private, and in the plural as well as singular. (Ord. 95, 6-2-58)
(N) Prohibited waste includes any wastes that have any of the following general
characteristics:
a. extreme temperature;
b. harmful vapors;
c. the presence of corrosive, Flammable, explosive or toxic chemicals;
d. any materials with physical or other properties which render collection
operations hazardous; or
e. any materials which create a risk to the environment or public health
Page 3 of 22
and safety.
In addition to wastes with the general characteristics described above,
prohibited wastes include:
a . Liquid wastes, both bulk and contained;
b. Tires;
c. Anv material regulated by the State of Idaho or the United States
Environmental Protection Agency (40 CFR 260 - 263) as hazardous
waste;
d. :any equipment or machines containing refrigerants;
e. Infectious wastes generated from business sources such as hospitals,
clinics, medical, surgical, dental, nursing homes, veterinarian offices,
and laboratories. Generators of infectious waste are required to sterilize,
package, or otherwise process the infectious waste so that it may be
collected without hazard to collection personnel and the general public;
and
f. Dead animal remains in an amount exceeding twenty-five (25) pounds,
excluding animal carcasses if broken down and placed into plastic solid
waste bags and into a lidded, air and water-tight container.
(O) putrescible Waste shall mean wastes that can decay and stink or become putrid.
~' N
(P) Residential Premises shall mean a separate dwelling or residential unit in the city
occupied by a person or group of persons which may be in a single family residence,
mobile home, manufactured home, condominium, duplex or multiplex where solid
waste is placed and collected in solid waste containers and/or recyclable materials are
placed and collected in recycling containers located at the curb or alley. Each separate
dwelling unit shall be considered a separate residence for solid waste service and
billing purposes. '
(~ Solid Waste shall mean all materials discarded for disposal, putrescible and
non-putrescible solid and semi-solid waste material including solid waste, rubbish,
demolition and construction wastes, industrial wastes, vegetable solid and semi-solid
wastes, dead animal remains in amounts not to exceed twenty-five (25) pounds,
reusable or recyclable material, bulky goods, and other discarded solid and semi-solid
wastes.
(R) [lector shall mean an organism that can transmit disease.
4-102: RESPONSIBLE AUTHORITY:
The ChieF of Police of the City of Meridian and such other persons as may be appointed by'
Page 4 of 22
the i~[avor and Council, shall be responsible for the enforcement of the provisions of this
Chapter and ocher duties as the Cicv Council may prescribe, and there shall be designated as
:i member of the Police Department, a Sanitary Inspector, ~vho shall enforce the same under
the supervision of the Chief of Police.
4-103: COMPULSORY USE REQUIRED:
(:~) [n order to maintain the public health, safety, and aesthetics of the city, all owners
and/or occupants are required co pay for, and are provided, solid waste collection
services:
(B) Provided, futther, that in areas in the City where the collection of solid waste on the
schedules hereinafter set fotth would be impracticable, the City Council may issue a
special permit altering the time and extent of collection.
4-104: SOLID WASTE COLLECTION:
There is hereby established a system of solid waste collection, transpottation and disposal. It
shall be unlawful for any person to engage in the business of collecting, transporting, hauling,
or conveying any solid waste over the streets or alleys of Meridian, or to dump or dispose of
the same, unless and until such person has a franchise, license, or contract as an authorized
representative of the City of Meridian.
4-105: PROHIBITIONS:
(A) ACCUMULATION OF SOLID WASTE:
It is a violation of this chapter for any person to permit or to suffer to
accumulate in or about any yard, lot, place or premise, or upon any street,
alley or sidewalk adjacent to such lot, yard, place or premise owned or
occupied by such person, any solid waste so as to cause such yard, lot,
premise, or the street, alley or sidewalk adjacent thereto, to be or remain in
such condition as to cause or create a nuisance or offensive odor or
atmosphere or vector harborage, or thereby to be or to become, or cause or
create, a public nuisance, within the limits of the City of Meridian. Any such
unauthorized accumulation or collection is declared a nuisance and
prohibited.
Z. Waste resulting from construction activities may be collected within an active
site. The waste shall be managed and maintained in such a manner that it will
not be blown, washed or carried to adjacent propetties. All wastes must be
removed and disposed properly From the site prior to the end of the
construction project.
Page 5 of 22
3. Compost piles may be maintained for fertilization purposes and matter used
for fertilization purposes only may be transported, kept and used, provided,
chat the same shall not be maintained so as to cause a condition of odor
and/or site visibilirv and/or other conditions relative to insects or disease that
effects neighboring properties, causes harmful vapors or constitute a risk to
the environment or public health and safety.
(B) BUR:~IINGPu~IDDUMP[NG:
It is a violation of this chapter for any person to burn, incinerate, bury, dump, or in anv
other manner dispose of solid waste within the limits of Meridian.
(C) OVERLOADING CONTAINERS:
It is a violation of this chapter for anv customer to load a waste container beyond its volume
or weight capacity. This prohibition includes loading containers in a manner which is
unstable or likely to cause damage, create a litter condition, or impatt the public health or
safety. The maximum permissible container weights, meaning gross weight of loaded
container, are:
Residential Bags
ResidentiaVCommercial Containers
ResidentiaVCommercial Toters
2 cubic yards
3 cubic yards
4 cubic yards
6 cubic yards
8 cubic yards
20 cubic yards
30 cubic yards
35 cubic yards
40 cubic yards
thirty-five (35) pounds
sixty-five (65) pounds
one hundred and fifty (150) pounds
Front-Load Containers
three thousand (3,000) pounds
three thousand (3,000) pounds
four thousand (4,004)~ounds
five thousand (5,000) pounds
five thousand (5,000) pounds
twenty thousand (20,000) pounds
twenty thousand (20,000) pounds
twenty thousand (20,000) pounds
twenty thousand (20,000) pounds
Rear Load Containers
two thousand four hundred (2400)
two thousand four hundred (2400)
two thousand four hundred (2400)
two thousand four hundred (2400)
two thousand four hundred (2400)
Customers shall be responsible for damages, costs, expenses, fines or penalties, including
tickets issued to Franchisee for overweight vehicles, which arise out of customer failure to
limit weights, in a container greater than or equal to twenty (20) cubic yards.
(D) PROHIBITED WASTES:
Solid waste collection service is intended to collect normal commercial,
Page 6 of 22
industrial, residential, and multi-family premises wastes. [t is a violation of this
chapter Eor anv person to depositor relinquish for collection or disposal any
prohibited wastes identified herein. Customers are encouraged to contact the
Franchisee with questions regarding specific wastes.
2. Customers who are a source of prohibited wastes shall make appropriate
arrangements to collect and dispose of the waste.
(E) TAIQNG OF SOLID WASTE OR RECYCLABLES:
1. All crash and recvclable material placed for collection shall be owned by and
be the responsibility of the customer until the time of collection. At the time of
collection, all trash and recyclable material become the property of the Franchisee.
2. It is a violation of this chapter for any person to take, examine, uncover,
snoop in, separate, gather, collect or salvage materials deposited in solid waste
containers except with the express permission of the generator of the solid waste.
(F) THEFT OF COLLECTION SERVICES:
1. It is a violation of this chapter for any person, except For the owner or
occupant, to place or deposit any materials in or around a solid waste receptacle
provided for the use of a specific business or premises, or in or around the can or
container at a residence.
2. It is a violation of this chapter for any person to place solid waste at a
premises within the City limits of Meridian that is not generated at the commercial,
residential, or multi-family premises.
(G) DISPOSAL OF WASTE:
It is a violation of this chapter for any person to throw, discard or deposit any solid
waste in or upon any street, alley, sidewalk or vacant ground, or in or upon any canal,
irrigation ditch, drainage ditch or other water course. (Ord. 95, 6-2-58)
4-106: NUISANCE:
Failure of an owner or occupant of any commercial, residential, or multi-family premises to
receive regularly scheduled adequate solid waste collection service is herein declared a public
nuisance by the city. The city shall have the authority to order the abatement of such
nuisance at the expense of the owner or occupant of the premises. This shall not limit the
right of the City or the owner to seek recovery against other responsible persons.
4-107: STORAGE OF SCRAP TIRES:
Page 7 of 22
Commercial business entities which store scrap tires for the purpose of salvage or reuse shall:
L Screen the tires from public view;
2. Store the tires in such a manner that vectors and pest breeding or habitat areas
will be avoided;
Store or make available no more than ~0 scrap tires at any given time;
Remove all scrap tires a minimum of once per month.
~-108: SPECIAL HANDLING
Solid waste consisting only of cardboard, or wooden boxes, brush, and cuttings from trees,
lawns, shrubs, and gardens, may be kept separately without depositing in solid waste
containers, providing, that bulk materials, such as leaves, weeds and cuttings shall be in a
can, box, sack, or receptacle for ease of loading and such material as brush and limbs shall be
tied in bundles not to exceed four feet (4') in length.
Nothing contained in this Section shall be construed so as to permit any violation of any
laws or any rules or regulations of the City's Life Safety and or other Uniform Codes.
4-109: COLLECTION FREQUENCY:
Franchisee shall collect solid waste from each customer at least once each week, or as
provided by the rules and regulations of the Council as allowed in Section 7-303A.
4-110: RULES AND REGULATIONS AND BOARD OF ADJUSTMENT:
The City Council of the City, is hereby granted the authority to adopt rules and regulations
pertaining to the sanitary service system, including but not limited to the setting of fees and
rates and the City Council is hereby authorized to appoint a Board of Adjustment consisting
of the Sanitary Service System Commissioners, and the sanitary service system contractor
and the City Treasurer; the Board of Adjustment shall have the duty to propose rules and
regulations and in cenain situations adjust rates and fees as necessary. (Ord. 370, 5-19-80)
4-111: COLLECTION:
(A) COMMERCIAL SERVICE
Commercial Solid Waste Service is associated with commercial premises, including
governmental agencies, schools, and temporary construction activities. Commercial Solid
Page 8 of 22
Waste Service includes waste collection/removal and rew_ cling collection. Service will
commence on a daily basis, except Sundav, at 5:00 Alice. Additionally, public and private
schools, even though thev are often located in residential areas, will be serviced between x:00
~~V( and 7:00 AiVt for safety reasons.
(l) Types of Service
The following Commercial Solid Waste Services are provided by the solid waste
Franchisee:
a. Regular Service
Franchisee shall provide containers and collect waste at least once weekly. Franchisee shall
provide the customer with a choice of weekly 32 gallon container service (containers
provided by customer) when:
1. The customer can reasonably be serviced by a regular weekly residential waste
service route; and
2. The customer does not regularly generate more than six (6) thirty-two (32)
gallon size containers of solid waste per week.
b. On Call Service
Franchisee shall provide container and collett waste within the next working day of a
customer request. For customers choosing to use compactor containers, the customer shall
provide the compactor and the Franchisee shall collect waste within the nexrworlcing day of
a customer request.
c. Temporary Service ...
Franchisee shall provide container and collection services to temporary accounts for
construction and demolition projects or other short-term waste generation projects.
Temporary service is provided for a maximum of 120 days. Use of a temporary container
does not displace regular solid waste service for the premises. Regular solid waste generated
by the premises is not permitted in a temporary container. Temporary service for
construction Sc demolition wastes will be limited to roll-off containers; except where
construction and demolition trash service can only be provided with a 3-yard container due
to inadequate space or other site location restrictions.
(2) Commercial Premises Commercial Containers
Commercial Premises Solid Waste Service is provided with large capacity containers, which
Page 9 of 22
include two ('?) to eight (3) aibic yard dumpsters, front or rear loaded, and twenty (20) co
forty (40) cubic yard roll-oFf containers. Such containers are supplied by the solid waste
Franchisee and are placed at a location specified by the customer, subject to approval by the
Franchisee.
Commercial Premises Solid bVaste Service also includes compactor-container service.
Customers provide the compactor and container for this type of service. Containers For
compactor service range from two (2) to forty (40) cubic yard capacity, subject to approval
by the Franchisee for compatibility with collection vehicles.
(3) Container/Compactor Sites
a. Location Requirements
1. Permanent Containers. For any area under a customer's ownership or control,
including driveways and/or any other access route, as well as the container location,
customers shall have a sufficient foundation to support the collection vehicle weight.
Vehicle weights vary, but range between twenty and thing cons.
2. Temporary Container Requirements. Temporary containers are placed at the
customers direction, if Franchisee approves the location for space requirements and
safety. Containers shall not be placed in a street without prior approval and permit
from the Ada County Highway District (ACHD). Nor shall they obstruct the public
right-of-way or pedestrian traffic.
3. Compactor Containers. Compactor customers must contact the Franchisee in
advance to ensure that the compaction unit is compatible with collection vehicles and
equipment and to ensure the location allows proper access for collection. Minimum
height and width clearances will vary depending upon the compaction equipment.
b. Appearance '
All commercial progeny owners shall maintain, clean, and largely shield from view all
commercial solid waste collection equipment from public streets by walls, fences, earthen
berms, or evergreen landscaping forming an opaque, attractive sight barrier. All such barriers
shall comply with all applicable city ordinances requirements and/or limitations, including
location and height. No commercial collection location shall be on a public right-of-way
unless an appropriate variance is granted by the ACRD. No commercial collection location
shall block pedestrian traffic. Existing commercial solid waste collection sites shall be largely
shielded from view within three (3) years of the effective date of this ordinance.
c. Cleanliness
Customers shall keep the container location, and the containers, in a sanitary condition. The
Page 10 of 22
outside of the container shall be kept clean and free from accumulating grease, decomposing
materials, and litter. Loose solid waste must be deposited in containers for collection. Failure
to comply with this subsection is herein declared a public nuisance. Franchisee workers do
not normally clean up the premises. However, clean-up services can be provided at an
additional service charge. Where determined necessary to protect the health or safety of the
public and environment, the city may order a customer co clean the area. Franchisee shall
clean up am spillage that occurs during collection services.
Customers shall keep the interior of the container in a sanitary condition.
Contenu .
Contents of a waste container must be able to fall freely from the container when emptied.
Container Lids must be in a completely closed position and swing freely open when the
container is emptied. Containers must be pac(ced to allow easy emptying of contents when
inverted.
Frequency of Collection
The choice of container size and frequency of service is at the customer's option, except chat
all regular service customers, and customers generating wet or putrescible wastes, shall be
collected no less than once per week. Temporary and on-call services, not generating wet or
putrescible wastes, must receive at least monthly service, unless the city determines another
minimum service interval is appropriate, considering protection of the environment and
public health and safety.
(B) RESIDENTLSL PREMISES SERVICE
Residential Premises Solid Waste Service is provided to residents of Meridian City by a
Franchisee. This service is provided to allow residential premises customers to meet solid
waste disposal requirements of the City. Solid waste intended for disposal shall be placed in
containers supplied by the customer or toter carts available from the Franchisee at an
additional cost.
(I) iVlandatory Payment for Services
In order to maintain the public health, safety, and aesthetics of the city, all owners and/or
occupants are required to pay for, and are provided, solid waste collection services.
(2) Types of Service
The following Residential Solid Waste Services shall be provided by the solid waste
Franchisee:
Page 11 of 22
a. Regular Service
Customer shall provide the solid waste container(s) and Franchisee shall collect the
waste on a weeldv basis.
b. Carry-out Service
At customer request, Franchisee shall enter customer's property, but noc enclosed
structures, to collect solid waste containers and recycling bins. Franchisee may require
the customer to execute a "Save and Hold Harmless Agreement" prior to receiving this
service.
c. ADA (Americans with Disabilities Act) Service
The Franchisee shall provide carry-out service for solid waste and recyclable materials
at no extra charge to those who have a disability as hereinafter defined and who have
no one else in the household that can take the solid waste container(s) to the
curb/alley. However, the regular residential solid waste collection fee shall be charged.
In order to qualify for the lower rate for carry out service, individuals must have a
written certification from a licensed physician verifying that they applicant's
impairment qualifies as a disability and prevents them from utilizing curbside service.
In addition the applicant must certify that there is no other person in the individual's
household that can carry the solid waste container(s) to the curb/alley.
Disability, for this purpose, is defined as a physical or mental impairment, whether
permanent or temporary, that limits caring for one's self, performing manual tasks of
walking, or lifting so as to place a solid waste container at the curbside.
Application for the disability discount are available from the Utility Billings
Depanment at City Hall.
d. Appliances
Franchisee shall collect major appliances upon resident request and shall deliver the
appliance to a recycling facility. Customers must contact Franchisee for collection
services. Franchisee is responsible for ensuring that refrigerants and compressor oils
contained in the appliance, if any, are recycled according to applicable regulations.
Appliance collection is offered once weekly.
e. Bulky Wastes
Franchisee shall collect bulky wastes within twenty-four (24) hours of customer
Page 12 of 22
request on normal business days or on ehe normal solid waste collection day.
Franchisee is not required to enter premises to collect bulky wastes. Customer shall
convey bulky wastes to the curbside for collection.
f. Christmas Trees
Following Christmas each year, on dates specified by the City, Franchisee shall
provide separate collection for Christmas trees prepared for recycling.
(3) Residential Premises Service Containers
a. It shall be the duty of every owner or occupant of any residential premises co
at all times keep or cause to be kept portable above-ground containers consisting of
metal or other approved type of container for the deposit therein of solid waste and
except as otherwise provided, to deposit or cause to be deposited all solid waste
therein. Atl solid waste shall, before deposit in such container, or tightly closed 1.~ mil
plastic bags, be free of any liquids. All such containers shall be watertight, not easily
corrodible, rodent, and Elyproof, and shall be equipped with handles and a close
fitting lid. Such containers shall not be less than twenty (20) gallons capacity or more
than thirty two (32) gallons capacity, and limited to sixty-Five (65) pounds in weight.
The containers shall not be less than twenty eight (28) gauge metal or the equivalent,
and be hot-dipped after fabrication to insure non-leaking containers or a can that is
guaranteed by the manufacturer, and also labeled, to be leakproof regardless of
manufacturing processes.
b. Container lids must be in a completely closed position and open freely to allow
the container to be emptied. Containers must be packed to allow easy emptying of
contents when inverted, the contents must fall freely from the container when
emptied. Containers must have sturdy handles and shall be replaced by the customer
when the containers are no longer functional or when determined by the Franchisee
to be unsafe for futther use. Whenever solid waste is placed therein or taken
therefrom such lid shall be replaced by the person placing or taking therefrom such
solid waste. Such containers shall be kept in sanitary condition, with the inside and
outside thereof washed at such times as to keep the same free and clean of all
accumulating grease and decomposing material and so that no odor nuisance shall
exist. All solid waste containers shall be kept in a place accessible to the collector
provided that in the case of isolated dwellings or places of business or where
reasonable access cannot be had by a truck, the containers may be kept in such places
as may be agreed by the owner and collector, or at such place as may be designated by
the inspector; provided further, that whereas there is no alley entrance, such
containers shall be placed on the street curb on collection day.
c. Tree trimmings and similar solid waste should be tied in bundles not to exceed
Page 13 of 22
tour feet (4') in length and avo Feet (2) in diameter.
d. Ninerv (90) to Ninety-Five (95) Gallon toter carts may be available from the
Franchisee for a monthly rental fee. Carts may be used in conjunction with additional
customer furnished containers and do not limit the amount of waste that can be
placed at the curbside. The maximum weight limit of a toter cart is 150 pounds.
(-k) Location
a. Residential premises solid waste shall be placed as close to the curb as possible,
or in alleys if the property has alley access. The solid waste containers shall be clear of
pedestrian and vehicular traffic at all times. Solid waste containers shall be clearly
visible and accessible to the waste collection personnel and free from obstructions
including, but not limited to, trees, shrubbery, fences, vehicles, and walls. Franchisee
shall not be required to pass through any doors or gates, cross flower beds or lawns, go
through hedges, or place themselves in any situation which could jeopardize their
health or safety.
b. The Franchisee shall not be required to remove solid waste from in-ground or
sunken locations. Any customer who has such a location shall be responsible For
placement of the container, with lid, above ground.
c. The Franchisee shall return all emptied containers to the location where the
customer placed them. The Franchisee shall close any can or container as securely as
possible to prevent the lid from blowing away, or prevent moisture from entering the
can or container.
d. For carry-out service, customers shall store prepared containers in unlocked
areas clearly visible to the Franchisee workers from the street or alley from which
normal collections are made. If the yard is locked or there is an animal which appears
unfriendly, the customer shall place the can or container outside the fence or animal's
domain.
(5) Cleanliness
Customers shall keep containers in a sanitary condition with the outside thereof clean
and free from accumulating grease, decomposing material and litter. Loose solid waste must
be deposited in containers for collection. Franchisee workers shall make a reasonable effort
to pick up all material blown or littered during the course of collection. However, they do not
normally clean up messes caused by improper waste set out. In the case of a recurring
problem, the Franchisee may leave the resident a notice describing the problem.
Page 14 of 22
(v) Containers Seo-Out and Bring-In
Residential premises solid waste shall be placed at the curb For collection no later than
%:00 a. m. on the regularly scheduled day, bu[ no sooner than the evening prior to collection.
Residential solid waste customers using alley collection locations shall ensure containers are
placed in an accessible location in the alley-way by 7:00 a. m. on the regularly scheduled
collection day. Alley-way customers must maintain the solid waste collection area to ensure
no vectors, rodents, or animals are attracted to the solid waste containers and to ensure a
nuisance is not created or maintained. Residents who put their solid waste out after the
collection truck has serviced their area or have had the solid waste containers blocked or
hidden from view by an object such as a vehicle, shall be responsible for contacting the
Franchisee for a special collection. If the containers are placed after the area has been
serviced, the Franchisee may charge a special "call back" rate established by the city; or the
customer may store the solid waste until the ne:ct regularly scheduled day for collection.
Residents vvho have curbside service must relocate their empty containers back to a location
within five feet of their home within 24 hours of being serviced. It is a violation of this
chapter if a residential premises customer who places ResidentiaUCommercial Can or Toter at
curb For collection does not remove the same from the curb within twenty four (24) hours of
the day of collection.
(7) Used motor oil
ivlust be placed in aleck-proof, preferably see-through, unbreakable, plastic containers
of not more than two (2) gallons with ascrew-on lid. Containers will be clearly marked by
the Resident as "OIL". No other fluids are to be included. Limited to two gallons per week.
Used motor oil shall be placed near, but not in, the recycling bin or trash container
for collection. If the used oil container is to be returned to the customer is must be marked,
in legible letters, "SAVE".
(3) Appliances
Customer must drain all moisture and water and remove all solid waste and food
products from refrigerators, freezers or ocher appliances prior to collection by Franchisee.
Appliances must be readily available for collection by Franchisee workers. Franchisee shall
not be required co enter any building or structure co remove the appliance or ocher item.
(9) Bulky Waste
Franchisee shall provide special collection service for bulky waste items upon request
by the customer. Bulky wastes must be readily available For collection by Franchisee workers.
Page 1 S of 22
Franchisee shall not be required to enter any building or structure to remove the appliance.
(IU) Christmas Trees
Customers patticipating in the annual Christmas tree recycling program must remove
gill ornaments, lights, tinsel, and tree stands from the tree prior to placing is at the curb or
alley for collection. Branches and tree trimmings may also be sec out for collection with
Christmas trees. Trees and branches should be cut to four feet (~) or less and bundled as
needed:
(1 1) Franchisee/Licensee Responsibilities
When the Franchisee/Licensee encounters improperly prepared solid waste, such as
overweight containers, waste which is coo tightly packed to fall from the can, Christmas trees
with stands or ornaments, etc., the Franchisee shall collect any properly prepared waste and
leave the improperly prepared material. The date and service address shall be noted on the
notice. The Franchisee shall keep a copy of this information and supply a copy to the City
upon request.
(12) Frequency of Collection
All residents of the city shall be provided solid waste collection service once per week.
On a day determined by the Franchisee in consultation with the City Council
(13) Missed Collettion
Customers should contact the Franchisee to report any missed collection.
Franchisee shall promptly respond to repotts of missed collections. A complaint of a missed
collection received by the Franchisee from a residential customer shall be resolved within one
business day of the customer's report. The one business day deadline does not apply if the
missed collection occurred due to late or improper set out by the customer. Each customer
failure must be documented by the Franchisee through verifiable means such as log book,
and in the case of improper set out, by a copy of the customer notice. If the complaint is a
documented customer responsibility, the customer shall be offered the option of having a
special collection at the "call back" rate established by the city, or storing the solid waste until
the next regular collection day.
(C) MULTI-FAMILY PREMISES SERVICE
Multi-Family Premises Solid Waste Service is provided to premises with multi-unit
dwellings of more than one residence on a single site. Multi-Family premises include
multiplex dwellings, apartments, condominiums, and manufactured home parks where the
solid waste is billed under a master billing. Multi-Family does not include dwelling hotels,
Page 16 of 22
morels, hospitals, nursing homes, or other congregate housing, care, or institutional facilities.
Multiple family dwellings of tour (4) or fewer units may use either can service or cents( solid
waste collection service. iV[uluple family dwellings of five (5) or more units shall use central
solid waste collection services.
Multi-Family Premises Solid Waste Service is provided with large capacity containers,
which include avo (2) to eight (3) cubic yard dumpsters, front or rear loaded, and twenty
(20) to forty (40) yard roll-off containers. Such containers are supplied by the Solid Waste
Franchisee and are placed at locations specified by the customer and acceptable to the
Franchisee.
Multi-Family Premises Solid Waste Service can also include compactor-container
service. Customers desiring compactor service provide the compactor for this type of service.
Containers for compactor service range from two (2) to forty (40) cubic yard capacity,
subject to approval by the Franchisee for compatibility with the collection vehicles.
(1) Mandatory Service
In order to maintain the public health, safety, and aesthetics of the city, all multi-
family premises are required to pay for, and are provided, solid waste collection services.
(2) Types of Service
The Franchisee shall provide the following multi-family premises solid waste services
(a) Regular Service
Franchisee shall provide containers and collect waste at least once weekly. If the
customer chooses to use a compactor, the customer shall provide the compactor and
the Franchisee shall collect the solid waste at least once each week.
(b) Temporary Service
Franchisee shall provide container and collection services to temporary accounts for
construction and demolition projects or other shott-term waste generation projects.
Temporary service is provided for a ma.~cimum of 120 days. Use of a temporary
container does not displace regular solid waste service for the premises. Regular solid
waste generated by the premises is not permitted in a temporary container.
(c) Appliances
Franchisee shall collect major appliances and shall deliver the appliances to a recycling
facility. Customers must contact Franchisee for collection services. Franchisee shall be
Page 17 of 22
responsible for ensuring that refrigerants and compressor oils contained in the
appliance, if any, are recycled according to applicable regulations. Franchisee shall not
be required to enter any building or structure in order to remove any appliance.
Appliance collection is offered weekly.
(3) Solid Waste Containers
The Franchisee shall provide a container of adequate size to accommodate the type of
service requested by the customer.
Customer owned compactors can vary in size and are subject to approval by the
Franchisee for vehicle compatibility.
(4) Container/Compactor Sites
(a) Location Requirements
For any area under a customer's ownership or control, including driveways or any
other access route, as well as the container location, customers shall have a sufficient
foundation to support the collection vehicle weight. Vehicle weights vary, but range
between twenty and thirty tons.
Temporary containers are placed at the customer's direction, if Franchisee personnel
approve the location for space requirements and safety. Containers shall not be placed
in a street without prior approval and permit from the Ada County Highway District.
Containers shall not obstruct the public right-bf-way or pedestrian traffic without
prior approval.
Compactor customers must contact the Franchisee in advance to ensure that the
compaction unit is compatible with collection vehicles and egtipment and to ensure
the location allows proper access for collection. Minimum height and width clearances
will vary depending upon the compaction equipment.
(5) Appearance
Every Multi-Family Premises Solid Waste collection location shall be maintained
properly, cleaned, and largely shielded from view from public streets by walls, fences,
earthen berms, or evergreen landscaping forming an opaque, attractive sight barrier.
No collection location shall be on a public right-of-way unless an appropriate variance
is granted by ACRD. No collection location shall block pedestrian traffic.
(6) Cleanliness
Page 18 of 22
Customers shall keep the container location, and the containers, in a sanitary
condition. The outside of the container shall be kept clean and free from
accumulating grease, decomposing materials, and litter. Loose solid waste must be
deposited in containers for collection. Franchisee workers do not normally clean up
the premises. However, clean-up services can be provided at an additional service
charge.
(7) Contents
Contents of a waste container must fall freely from the container when emptied.
Container lids must be in a completely closed position and swing freely open when
the container is emptied.
4- 112: SITE PLAN FOR COMMERCIAL OR MULTI-FAMILY NEW
CONSTRUCTION OR REMODELS
(A) Customers are responsible for obtaining plan approval from the city for all proposed
solid waste storage and collection areas. This requirement shall apply whenever new
construction oc remodeling occurs on commercial or multi-Eamily premises. Site plan
approval shall be based on the following requirements:
1. All commercial containers must be placed on a firm, level surface pad of
concrete or asphalt at least three inches (3") thick. Customers shall accept the risk
that asphalt surfaces may sink or become uneven or unserviceable;
2. The surface pad must be at least twelve feet (12') wide by ten feet (10') deep
for solid waste collection, and seventeen feet (17') wide by ten (10') feet deep if other
waste activities are occurring (i.e. grease collection, recycling);
3. Gates must be constructed to rest in an open position to avoid swinging shut
during pickup;.
4. The site shall provide adequate turning space for the waste collection vehicle.
Adequate fuming space shall mean a minimum turning radius of fotty-five feet (45');
5. The site shall provide adequate space to allow the collection vehicle to back up
a distance of at least fifty feet (50'); and
6. The site shall provide at least fourteen feet (14') vertical clearance and twelve
feet (12') width drive clearance. Additionally, front load containers must have at least
twenty feet (20') vertical clearance at the container. Customers are required to
remove any vertical height obstacles.
B. Site plan submissions shat] include an accurate plan of the entire area for which
Page 19 of 22
service is co be provided. The plan shall be drawn accurately, at a scale adequate to show
clearly all the following data:
lot lines;
2. existing and planned buildings;
3. proposed collection location and sight shielding;
4. all existing and planned sidewalks, curb cuts, drives, parking spaces,
landscaping, free-standing signs, posts, poles (i.e. street light, telephone, and electric
poles), and ocher structures that may affect solid waste collection;.
S. the location of all public right-of-ways, fire hydrants, sidewalks, and public
transportation stops located on the premises and/or adjacent to the premises; and
adjacent structures, including distances to nearest residential areas.
4-113: COLLECTION FEES:
Fees and rates for the collection of solid waste shall be set by of the City Council.
The city utility billing depanment may require a deposit as a condition of initiating,
continuing, or restoring temporary or on-call service.
4-114: METHOD OF COLLECTION:
Fees shall be billed to and paid by the owner of the premises that is served by the sanitary
service system. Fees shall be carried on the water bill, and the same shall be paid with the
water bill, and the Water Department is authorized to discontinue service to the owner's
premises if the utility bill is not paid. Said sanitary service system fees that become
delinquent shall be treated the same as water delinquent fees and shall be subject to the same
penalties, including the same shall become a lien on the premises and shall be collected with
the taxes. Further, any owner leaving a delinquency at one location shall not be entitled to
service at a new location until all delinquencies in sanitary service system fees are paid. (Amd.
Ord. 375, 12-15-80)
In case of nonpayment, or delinquency in payment, of accounts that do not have associated
water system charges the solid waste service may be suspended until such time as all charges
and fees (including late fees and penalties) are currently paid.
4-115: DISPOSITION OF FEES:
Page 20 of 22
The proceeds from the collection of fees and charges herein provided shall be placed in a
special fund to be known as the "Solid Waste Collection Account", and all expenses of the
City in the operation of the sanitary collection system shall be paid out of such fund and any
surplus remaining therein at the end of each fiscal year may be transferred by the Council to
the General Fund.
4-1 l6: INSPECTION RIGHT-OF-ENTRY:
The Chief of Police, or such person as may be designated as the Sanitary Inspector, or any
other person concerned with the enforcement of laws shall have the right of ingress or egress
to any premises for the purpose of inspecting all places and containers where solid waste is
accumulated or kept.
4-117: FRANCHISES; LICENSING; CONTRACTING; BOND:
(A) The Mayor and Council have the sole authority to select and approve all persons who
shall enter into a Franchise or License Agreement; contract to perform all services pertaining
to sanitary collection and disposal under the provisions of this Chapter; to establish
reasonable fees for licenses; and may establish reasonable rules and regulations governing the
conduct and operation of such Licensee or Contractor.
The Council may require of any such Franchisee, Licensee, or Contractor a bond in a reasonable
amount, and the condition of which shall be the satisfactory performance of the contract.
(B) Any person using three (3) or more vehicles or if any one vehicle is a single or
combination vehicle with a Gross Vehicle Weight Rating (GVWR) of 26,001 or more that
provides Solid Waste Collection services within the Meridian City Limits must execute a
Solid Waste Collection Franchise Agreement with the city. Collection of solid waste within
the Meridian City Limits without a valid franchise or license agreement is a violation of this
Ordinance subject to the penalties contained in Section 4-118. '
(C) Any person using fewer than three (3) vehicles and the Gross Vehicle Weight Rating
(GVWR) of each vehicle is less than 26,001 in a single or combination vehicle, that is
engaged in the collection and hauling of recyclable materials within the Meridian City Limits
must execute a Reryclable Materials Collection License Agreement with the city. Collection
of recyclable materials, within the Meridian City Limits without a valid license agreement is a
violation of this Ordinance, subject to the penalties contained in Section 4-118.
(D) The actual producers of the solid waste and/or recyclable materials, or owners and
occupants of the premises upon which such waste is generated, may collect, convey and
dispose of such waste and/or materials, provided that their actions comply with all other
provisions of this Ordinance.
Page 21 of 22
(E) A civic, community, benevolent, or charitable non-profit organization that collects,
transports and markets source•separated materials for recycling only for the purpose of
raising funds For that organization shall not be required co obtain a license or franchise from
the City.
(F) Anv person engaged in the occupation of a demolition or construction contractor or
landscaper who produces incidental volumes of solid waste as a result of such work may
collect, convey, and dispose of such waste, provided chat their actions comply with all ocher
provisions of this Ordinance and the conveyance of such waste occurs in vehicles that are
owned by the contractor.
SECTION 3: DATE OF EFFECT. This ordinance shall take effect
within one month after its passage and publication, according to law.
PASSED BY T COUN/C'IL OF THE CITY OF MERIDIAN, IDAHO, this
day of mdXi~., 1999.
APPROVED B THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
~- day of rn ~- , 1999.
CITY OF MERIDIAN
ATTEST:
WILLIAM G. BERG, .- ITY CLERK
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Page 22 of 22
RESOLUTION NO. 2~
BY: ~~ /%/~~:Sd-n/
A RESOLUTION SETTING FORTH CERTAIN PURPOSES, AUTHORIZING
THE MAYOR AND CITY CLERK TO ENTER INTO A FRANCHISE
AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL
SERVICES WITH SANITARY SERVICE, INC. TO PROVIDE FOR THE
CONSTRUCTION AND OPERATION OF A SOLID WASTE COLLECTION
AND DISPOSAL SERVICES WITHIN THE CITY OF MERIDIAN.
Section 1 -Recitals:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with Sanitary Service, Inc., denoted as "Franchise Agreement to Perform
Solid Waste Collection and Disposal Services" a copy of which is attached hereto
marked as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said Agreement.
WHEREAS, the Council having duly enacted the Solid Waste Collection and
Disposal Services Franchise Ordinance as set forth in Ordinance No. S53 which
ordinance was duly published as required by the Idaho Code; and
WHEREAS, the Council finding that the proposed Franchise Agreement to
Perform Solid Waste Collection and Disposal Services is in accordance with the
City's ordinance and that Sanitary Service, Inc., is prepared to enter into such
Franchise Agreement, which is subject to City of Meridian Solid Waste Collection
and Disposal Services Franchise Ordinance of the City of Meridian.
Section 2:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
A. The Mayor and Clerk are hereby authorized to enter into on behalf of
the City of Meridian that certain agreement entitled "Franchise Agreement to
Perform Solid Waste Collection and Disposal- Services" and to bind this City to its
terms and conditions.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
z.~~' day of ~LiLywcan.~7 , 2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
~b, ~ day of q~wca~ , 2000.
NJ
Robert D. Corrie
ATTEST: ``````~~~tiy~~~~rur~rrrrrr~~~~',,~i
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illiam G. Berg, Jr., it Clerk ? ' ~, c
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CERTIFICATE OF CLERI<
OF
THE CITY OF MERIDIAN
1, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the Ciry of Meridian,
a duly incorporated City operating under the laws of the State of Idaho,
with its principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerlc of this City, I am the custodian of its records and
minutes and do hereby cettify that on the /~~ day of
CC~ticaP 2000, the Following action has been taken as
Resolutio i o.2B5 and authorized:
A RESOLUTION SETTING FORTH CERTAIN PURPOSES, AUTHORIZING THE
MAYOR AND CITY CLERI<TO ENTER INTO A FRANCHISE AGREEMENT TO
PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITH
SANITARY SERVICE, INC. TO PROVIDE FOR THE CONSTRUCTION Ai~ID
OPERATION OF A SOLID WASTE COLLECTION AND DISPOSAL SERVICES
WITHIN THE CITY OF MERIDIAN.
Section 1 -Recitals:
WHEREAS, it is in the best interests of the City of Meridian co enter into an
agreement with Sanitary Service, Inc., denoted as "Franchise Agreement to Perform
Solid Waste Collection and Disposal Services" a copy of which is attached hereto
marked as Exhibit "A" to this Resolution, the reasons and authority for which are as
sec fotth in said Agreement.
WHEREAS, the Council having duly enacted the Solid Waste Collection and
Disposal Services Franchise Ordinance as set fotth in Ordinance No. 853 which
ordinance was duly published as required by the Idaho Code; and
WHEREAS, the Council finding that the proposed Franchise Agreement to
Perform Solid Waste Collection and Disposal Services is in accordance with the
City's ordinance and that Sanitary Service, Inc., is prepared to enter into such
Franchise Agreement, which is subject co City of Meridian Solid Waste Collection
and Disposal Services Franchise Ordinance of the City of Meridian.
CERTIFICATE OF CLERI< OF THE CITY OF MERIDIAN - I
Section 2:
NOW, THEREFORE. BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
A. The Mayor and Clerk are hereby authorized co enter into on behalf of
the City of Meridian that certain agreement entitled "Franchise Agreement co
Perform Solid Waste Collection and Disposal Services" and co bind this City co its
terms and conditions. ` ~,,,,,,,,,,,, ''^
(~' L~ppi~~~ ~Y
~F o
r - -
S~AI~ 3~VILLIAM G. BERG, J ~
=~~ ya ~i~r ~~ .` ZQ~ITY CLERK
STATE OF IDAHO;''~~,,,~r ~„ ~r,,,"~~~``
ss:
County of Ada, )
On this ___LF~ day of 5~~, in the year 2000, before me, ~~IG ~
~~r rrz n , a Notary Public, appeared WILLIAM G. BERG,
JR., kno or identiFied to me to be the City Clerk of the Cicy of Meridian, Idaho
chat executed the said instrument, and acknowledged to me that he executed the
same on behalf of the Cicy of Meridian.
.~4 ~'= uG•'. '
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(SEAL) ;~'; ~' ~ ~ ;a; Notary lit for Idaho%/~6/~
. .
Commission Expires:
. _ . ,. _
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CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 2