853 City Code Solid Waste Collection FranchiseBY COUNCIL MEMBER
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO,
RELATING TO THE GRANTING OF A FRANCHISE FOR SOLID WASTE
COLLECTION AND DISPOSAL, PROVIDING FOR A TITLE, DEFINITIONS,
SETTING FORTH THE AUTHORITY OF THE CITY COUNCIL TO GRANT A
FRANCHISE AND LICENSE, SETTING A TERM OF GRANTING A FRANCHISE
ORDINANCE FOR SOLID WASTE COLLECTION AND DISPOSAL TO
SANITARY SERVICE, INC. AN IDAHO CORPORATION, AND SETTING A
TERM COMMENCING SEPTEMBER 9, 1999 AND EXTENDING TO AT LEAST
SEPTEMBER 30, 2010; PROVIDING FOR SEVEN YEARADVANCE NOTICE OF
TERMINATION; PROVIDING FORACCEPTANCE; PROVIDING FOR SPECIFIC
CONDITIONS; PROVIDING FOR GENERAL CONDITIONS; PROVIDING FOR
INDEMNITY; PROVIDING FOR COMPREHENSIVE LIABILITY AND
PROPERTY INSURANCE; PROVIDING FOR LIMITATION ON FRANCHISE;
PROVIDING FORASSIGNMENT OF FRANCHISE; PROVIDING FOR DEFAULT
BY "SSI"; PROVIDING FOR EFFECT OF INVALIDITY; PROVIDING A SAVING
CLAUSE AND PROVIDING THATALL ORDINANCES AND RESOLUTIONS IN
CONFLICT ARE REPEALED AND RESCINDED; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MERIDIAN, IDAHO:
Section 1- Title: This Ordinance shall be lmown as the Franchise
Agreement To Perform Solid Waste Collection and Disposal Services Ordinance.
Section 2 - Definitions: All terms herein this ordinance shall be defined
as those definitions which are presently codified at section 4-101 Meridian City Code,
which definitions are incorporated herein by reference.
Section 3 - Authority for Franchise: This Franchise Ordinance is an
exercise of the City of Meridian's authority to grant a franchise pursuant to Idaho Code
§50-329 and pursuant to its authority and regulation as is set forth in Chapter 1 Title
4 of the Municipal Code of the City of Meridian wherein the City of Meridian has
exercised its authority to establish a system of collection, transportation and disposal of
refuse and has therein made it unlawful for any person to engage in the business of
collecting, transporting, hauling or conveying any refuse, garbage, or rubbish over the
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streets or alleys or to dump or dispose of the same, unless such person has a contract
therefor as an authorized representative of the City of Meridian.
Section 4 - Grant and Term of Franchise: The City of Meridian in the
County of Ada, State of Idaho, does hereby grant to Sanitary. Service, Inc. (hereinafter
referred to as "SSI"), an Idaho corporation, currently located at 722 W. Franldin,
Meridian, Idaho 83642, Ada County, Idaho, a franchise of scope and description as
follows: to-wit the right to use the streets and alleys within the City of Meridian for the
purpose of collecting, hauling and disposing of solid waste, and any acts amendatory
thereto. And, subject to the right of the City of Meridian to terminate the franchise
created hereunder as a result of a breach and fail to cure by "SSI", the City of Meridian
does hereby further grant to Sanitary Service, Inc. exclusive rights and privileges defined
herein and by Ordinance to collect, haul and remove and dispose of all solid waste for
hire in the City of Meridian for the period beginning the 9u~ day of September, 1999,
and terminating no earlier than the 30u~ day of September, 2010. Thereafter, unless
terminated pursuant to Section 5, below, the term of the franchise granted to "SSI" shall
be extended by the City of Meridian on a year-to-year basis until September 30, 2020.
Section 5 - Notice of Intention to Terminate: As a result of the rapid
rate of growth of the City of Meridian and commensurate significant capital investment
that is required by "SSI" to meet the expected future solid waste collection and disposal
needs of the City, the City of Meridian shall provide "SSI" with seven (7) years advance
written notice of its decision to terminate the franchise granted hereby.
Section 6 - Acceptance: "SSI" shall file a written acceptance of the
franchise with the City Clerk of the City of Meridian within ten days after the date of
this ordinance. This franchise shall go into effect only when the acceptance has been
filed and when evidence of general comprehensive liability insurance provided for below
shall have been filed and approved.
Section 7 - Specific Conditions: The specific conditions of this franchise
are set forth in that certain Franchise Agreement to Perform Solid Waste Collection and
Disposal Seveices originally dated the /'~5~ day of jatt~a~ff. , 2000 (hereinafter
referred to as the "Agreement").
Section 8 - General Conditions: The City of Meridian reserves the right
to enforce reasonable regulations as prescribed by 4-110 of the Meridian City Code of
the City of Meridian over the activities and the grant of this franchise to "SSI".
Section 9 Indemnity: "SSI" shall indemnify and hold the City of
Meridian, and its officers, agents, and employees, harmless from any and all liability,
ORDINANCE - 2
damage, or expense, including attorney fees, which may be brought, claimed, or pursued
against the City of Meridian or its representatives, arising out of the intentional act,
negligence or omission of"SSI" 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..
Section 10 - Comprehensive Liability and Property Insurance: At all
times during the term of this franchise "SSI" will, at its own expense, maintain in force
general comprehensive liability insurance for the protection of the City of Meridian as
set forth in the Agreement.
Section 11 - Limitation on Franchise: No privilege or exemption is
granted or conferred by this franchise except those specifically prescribed in this
ordinance and the Agreement. Any privilege claimed under the franchise by "SSI" in any
street, alley, or other public place shall be subordinate to 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.
Section 12 - Effect of Invalidity: The franchise is granted pursuant to
the laws of the State of Idaho relating to the granting of such rights and privileges by the
City of Meridian. If any article, section, sentence, clause, or phrase of this ordinance is
for any reason held illegal, invalid or unconstitutional, the invalidity shall not affect the
validity of the ordinance or any of the remaining portions. The invalidity of any portion
of this ordinance shall not abate, reduce, or otherwise affect any consideration or other
obligation required of grantee.
Section 13 - Default by "SSI": In the event "SSI" shall fail to perform
the services required under the Agreement, or shall fail to comply with any of the terms,
limitations or conditions of the franchise granted hereunder, the City of Meridian shall
have the right to cancel the Agreement and forfeit the franchise in the manner as set
forth in the Agreement. In the event of any failure or 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 warranto. The exercise
of the remedy of forfeiture shall not preclude exercise of any other right or remedy given
to the City of Meridian by law, whether exercised concurrently or subsequently.
Section 14 - Savings Clause: This Ordinance does not affect an action
or proceeding commenced or right accrued before this Ordinance takes effect.
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Section 15 - Conflicting Ordinances Repealed: All ordinances,
resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded
and annulled.
Section 16 - Date of Effect: This ordinance shall take effect within one
(1) month after its passage and publication.
PASSED BY THE CITY COUNCIL of the City of Meridian, Idaho, this /~day of
,2000.
APPROVED BY THE MAYOR of the City of Meridian, Idaho, this t/'~/~- day of
~77-~'a-'u~q.~ ,2000.
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'For ~e cpeop~ of ,rd'a~o
STATE TAX COMMISSION
81)1) Park Blvd.. Plaza IV · Boise. ID · 83722
Rl c rv D
M,~R 1 3 2000
CITY O? ~ltII)IAN
March 9, 2000
William G. Berg, Jr.
Meridian City Clerk
33 East Idaho Avenue
Meridian, ID 83642
Subject: Ordinance No. 853
Dear Mr. Berg:
The Idaho State Tax Commission has reviewed and acknowledged the following action(s):
Ordinance No. 853
The above referenced ordinance is granting a franchise only and does not affect any
taxing districts. Therefore, this ordinance will not appear on the year 2001 tax code
area maps.
Sincerely,
GIS Analyst
Technical Support Bureau
CC: County Assessor
County Clerk
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529