§ 74-125. Application.

(a)

Application required. Franchises shall be granted only after the applicant for the franchise has filed with the public works department an application and such other documentation as may reasonably be required to establish that the applicant meets all of the requirements delineated in this article. Applications shall be made upon such form in such manner as established by the mayor or her designee. The applicant must have at least three years of commercial collection and disposal experience. The applicant shall be a corporation or company duly authorized to conduct such business within the state. Other considerations such as references, business history, equipment, financial records, and other matters deemed pertinent to the city will be evaluated as part of the application review. The city may request that the applicant submit additional information as part of the application process.

(b)

Insurance requirements.

(1)

The franchisee shall maintain insurance as specified in this subsection (b) and shall furnish general liability insurance and automobile liability insurance policies written in the franchisee's name which covers all exposures incident to the franchisee's operations under the franchise. The amount of liability coverage shall not be less than a combined single limit of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate for bodily injury and property damage liability. The city shall be listed as an additional insured. The policy shall contain an endorsement requiring that the city's risk manager be furnished with 30 days' notice by registered mail prior to cancellation or material changes in the policies. Certificates of insurance evidencing such insurance coverage shall be provided to the mayor or her designee by franchisee prior to providing any franchise services.

(2)

A performance bond or an acceptable alternative in an amount equal to 12 months' franchise fees paid to the city or a minimum of $12,500.00, whichever is greater, is required to be provided as security for any fees due to the city under the franchise agreements, with good and sufficient sureties, conditioned upon the compliance of the terms of this article in such form as required by the city attorney.

(3)

Workers' compensation coverage must be maintained in accordance with statutory requirements.

(c)

Decision deadline. Applications for commercial collection franchises shall be approved or denied, in writing to the applicant, by the mayor or her designee within 90 days after receipt of the original application or the last item of timely requested additional material is received, whichever occurs last. Notice of denial of a franchise shall be sent by regular mail and certified mail, return receipt requested.

(d)

Additional requirements. If approved, a franchisee shall be authorized to provide commercial collection services only upon payment of the annual franchise fee, submission of proof of required insurance, and evidence of compliance with any other terms and conditions.

(e)

Appeals. The denial of a franchise by the mayor or her designee may be appealed to the city commission. The notice of appeal shall be filed in writing with the mayor or her designee no later than 14 days after the receipt of the letter advising applicant of the denial.

(f)

Appeal hearings. The appeal hearing shall be held not more than 60 days after receipt of the notice of appeal. The city commission shall either affirm the decision of the mayor or her designee or direct the mayor or her designee to issue or reinstate the franchise.

(Ord. No. 3944-06, § 5, 11-6-2006; Ord. No. 4538-14, § 11, 11-10-2014)