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4. Granting SIMMONS SANITATION a Franchise

COUNTY OF IDAHO ORDINANCE NO. 4 (Amended in Ord # 16)

AN ORDINANCE GRANTING THE SIMMONS SANITATION SERVICE, INC., UPON AND, SUBJECT TO THE TERMS, PROVISIONS AND LIMITATIONS HEREIN CONTAINED, THE RIGHT, PRIVILEGE AND FRANCHISE TO OPERATE A SANITARY FACILITY AND SERVICE, AND TO OPERATE THE SAID FACILITY IN CONFORMANCE WITH THIS ORDINANCE AND WITHIN THE AREA SET FORTH IN THE FRANCHISE; TO ALLOW THE FRANCHISE HOLDER TO VOLUNTARILY NEGOTIATE WITH USERS, CHARGING FEES IN SUCH AMOUNTS AND IN SUCH MANNER AS SET FORTH HEREIN; TO PROVIDE, AT THE OPTION OF THE FRANCHISE HOLDER, AREA CONTAINERS AND/OR COMPACTORS; TO PROVIDE TO THE FRANCHISE HOLDER THE EXCLUSIVE RIGHT OF SALVAGE; TO PROVIDE THAT SAID FRANCHISE WILL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF FIVE YEARS, SUBJECT TO THE PROVISIONS THEREOF; PROVIDING FOR A LIABILITY INDEMNIFICATION BY THE FRANCHISE HOLDER OF THE GRANTOR AND FOR INSURANCE REQUIREMENTS; PROVIDING FOR APPROVAL AND RATIFICATION OF A WRITTEN FRANCHISE BE­TWEEN THE FRANCHISE HOLDER AND THE COUNTY OF IDAHO.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF IDAHO, STATE OF IDAHO:

Section 1. DEFINITIONS, Words not defined herein shall be given the meaning ordinarily applied to such words.

The term “waste” shall mean unwanted solid, liquid or gaseous materials.

The term “refuse” shall mean solid wastes, including garbage and rubbish.

The term “garbage” shall include all putrescible waste, except sewage and body waste (animal and human), including waste accumulated of animal food or vegetable matter, and including waste that attends the preparation, use, cooking, dealing in or storing meat, fish, fowl, fruit and vegetables, and shall include all of such wastes or accumulations of vegetable matter of residences, restaurants, hotels and places where food is prepared for human consumption. It shall also include small animals. The term “garbage” shall not include recognized industrial by-products.

The term “rubbish” shall mean refuse other than garbage (tin cans, bottles, ashes, paper, pasteboard, cardboard, or wooden boxes rush, leaves, weeds and cuttings from trees, lawns, shrubs, and gardens or other waste materials produced in normal course of doing business, or every day living). The term “rubbish” shall not include recognized industrial by-products:

The term “sanitation service” means the pick up or compaction facilities of garbage and rubbish as the terms are herein before defined, and the disposal thereof, provided such garbage and rubbish is capable of being compacted either in a compactor unit or the compactor truck unit of the collector.
Construction and demolition wastes shall also be picked up. The price for such latter items to be paid for on an hourly basis if the same is agreed upon by the grantee and the users.

The terms “owner” and “occupant” wherever herein used may be used interchangeable, and shall mean every 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.

The term “inspector” shall mean the authorized employee or employees of the County or some individual designated by the Commissioners as having the duty of the enforcement of this ordinance.
The term “Collector,” wherever herein used, shall mean the person holding a license, contract or franchise with the County, or employed by the County, and thereby authorized and designated by the County to collect, handle, transport and dispose of refuse and waste.

Section 2. GRANT OF FRANCHISE: Upon and subject to the terms provisions, agreements and limitations herein contained, and upon the franchise agreement entered into by the grantee and the County of Idaho, the right, privilege and franchise are hereby granted by the County of Idaho through its Board of County Com­missioners to Simmons Sanitation Service, Inc., to operate an exclusive sanitation service as above defined in that area here­inafter described in Exhibit “A” attached hereto and incorporated herein as if set forth in full, exemplified by that certain map on file with the Clerk of the Board of County Commissioners, Idaho County, Idaho. This grant shall continue for a period of five years from the date of its passage, approval and publication, un­less sooner terminated as herein provided.

Section 3. DISPOSAL SITE: For the purpose of protection and preservation of the health and welfare of the inhabitants of the County, the grantee is required to have a place for the dumping and depositing of rubbish and garbage; that the grantee leases such a site approximate two miles east of the City of Kamiah, County of Idaho, State of Idaho, and that grantor has examined said land fill site and hereby approves the location thereof and the grantee present operation of such facility and the use thereof in the future for a County land fill site. All rubbish and garbage deposited in the said site shall be covered with alternate layers of earth, and regulations for rodent and pest control shall conform to the rules, regulations and laws of the State of Idaho.

SECTION 4. GENERAL SANITATION PICKUP SERVICE AND RATES: The grant shall offer the sanitation pick up service to the specific areas in Idaho County set forth in Exhibit “A”; that this
service will consist of picking up and disposing of household and commercial types of garbage and rubbish from the aforesaid desig­nated area; that the rates of such service, except as hereinafter set forth, are as follows, to-wit:

a. For all users of the service there will be a minimum monthly fee for all rural accounts of THREE DOLLARS ($3.00) a month; said minimum fee shall entitle the user to one pick up per weak of a maximum of two cans or one can and one bundle or box or three tied plastic sacks, none of which shall exceed the size and weight limit hereinafter described.

b. For each additional pickup or haul requested by the user, the fee shall be subject to negotiation between the user and the grantee.

c. For each additional can, bundle, box or other container over the maximum limit above set forth, there shall be a monthly charge of SEVENTY-FIVE CENTS ($.75) in residence and apartment pick ups.

d. That in respect to billings for collection for apartments, trailers, mobile homes, offices or other rental units, each single apartment, trailer mobile home, office or rental unit will be considered a user and be required to pay the minimum monthly fee as heretofore set forth.

e. That in respect to commercial collection, rates and schedules therefore will vary from the above established rates depending upon type, quantity, volume, weight and material and will be negotiated individually with the user, the said rates being based upon the rates similar to those offered in adjacent counties and by similar operators taking into consideration the distance, topography and other factors that are peculiar to the area set forth in Exhibit “A”.

f. That upon request of the user the grantee will furnish the necessary operator and vehicle for special clean up at the following hourly rates, to-wit:
One man and one truck – $12.00 – per hour
Two men and one truck – 16.00 – per hour
Three men and one truck – 20.00 – per hour

g. That in relation to the large and bulky items which do not fit into cans or sacks as herein before defined, the minimum rate will be THREE DOLLARS ($3.00) per each item hauled at the user’s request with the actual rate being negotiated with the user prior to the time of hauling and will be based upon similar rates in the area, taking into consideration the size and type of the item together with the topography and distance involved in the hauling thereof.

h. That where topography and distance make it unfeasible for door-to-door pick up, the grantee is permitted, at its option, to set up certain area containers to which the user will be re­quired to transport his garbage and rubbish for a central pick up by the grantee; that said area containers will be supervised during certain specific hours or specific days and the user will be charged at the rate of ONE DOLLAR ($1.00) far two cans or similar size containers for use during the aforesaid specific hours.
The grantee may furnish bulk containers to users on a lease basis.

Section 5. REQUIREMENTS OF USER AND FACILITIES: 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 approved metal or plastic containers for 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 there from. All such containers shall be water­tight and not easily corrodible, rodent and fly-proof, shall be equipped with handles and a close fitting lid. Such containers shall be standard containers generally approved for containing solid waste and shall not be less than ten (1U) gallons capacity, nor more than thirty-two (32) gallons capacity and limited to seventy-five (75) pounds in weight. If standard plastic or paper refuse sacks are used they shall not exceed fifty (50) pounds in weight. All containers shall be kept in sanitary condition at all times. All garbage or rubbish cans shall be placed in a place reasonable 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 must be kept in such places as may be agreed upon by the owner and collector; the grantee and its users are given the right to use county right-of-ways for the placing of cans and/or containers, subject to approval of the grantor, at the rates herein before given being based upon the delivery of cans to the area container to such right-of-way.

Section 6. RUBBISH PICK UP: Rubbish consisting only of cardboard, or wooden boxes, leaves, weeds and cuttings from trees, lawn shrubs and gardens, may be kept separately without depositing in such containers, providing that bulk materials such as leaves shall be in a can, box, sack or receptacle for ease of loading, and that brush, or any bulky material, shall be tied in bundles not to exceed four feet (4′) in length and not to exceed seventy-five (75) pounds in weight.

Section 7. CHANGE OF RATES: The above rates are subject to change if the general economy of the economic area within the franchised territory warrants such change; however, such change must be approved by grantor and the grantee will submit support­ing data for the change and the grantor will have the final decision when the said rate or rates change.

Section 8. RENEGOTIATION OF FRANCHISE: That in the event that compliance with subsequent statutes, rules, regulations, ordinances, and laws change the operating costs, the grantor and the grantee shall renegotiate the franchise in respect to the rates charged as herein above set forth so that the rates shall reflect such of the above changes.

Section 9. USE OF AREA CONTAINERS: That the grantee will provide at certain spots in the area set forth in Exhibit “A” containers and the grantee will service such containers. That said containers will be used only by the users who have voluntarily contracted for the service with the grantee. The rates to be charged said users will be negotiated by the grantee and the said users, subject to the approval of the grantors, and will be based upon similar rates and sanitation service in other areas, taking into consideration the topography and the particular aspects of the area set forth in Exhibit “A”.

Section 10. USE OF COMPACTORS: That the grantee may, if it so desires, supply at certain designated points in the aforesaid area, compactors; the said compactors to be used only by parties who have individually contracted for said us with the grantee. The rates to be charged for the use of said compactors will be negotiated by the grantee and the said users, subject to the approval of Grantor, and will be based upon similar rates and station service in other areas, taking into consideration the topography and the particular aspects of the area set forth in Exhibit “A”.

Section 11. RIGHT OF SALVAGE: That grantee will be given the exclusive right of salvage in respect to the waste and rubbish so collected and scavenging will not be permitted and no other parties other than grantee shall have the right of salvage.

Section 12. LIABILITY INDEMNIFICATION: That the grantee shall be required to indemnify and hold harmless the grantor from all claims, demands and actions, legal and equitable arising from grantee’s operation of the disposal site and facilities. Proof of all insurance shall be furnished by the grantee to the grantor by certificates of insurance.

Section 13. WORKMAN’S COMPENSATION: That the grantee shall carry, with a company authorized to transact business in the State of Idaho, a policy of insurance fulfilling all requirements of the Workman’s Compensation Act of said State.

Section 14. INSPECTION BY GRANTOR: That to insure that grantee is complying with all ordinances, rules, regulations and requirements and statutes of the State of Idaho at all times, the grantor may, at reasonable times, inspect the operation of the grantee for the above specified purposes.

Section 15. EMPLOYMENT: That no person shall be denied employment by the grantee by reason of race, creed or religion.

Section 16. TERMINATION OF FRANCHISE: That the franchise shall terminate in case of bankruptcy, voluntary or involuntary, or insolvency of the grantee. In the case of bankruptcy such termination shall take effect on the day and at the time the bankruptcy is filed.

a. In case of bankruptcy or termination for cause, the solid waste disposal site of grantee shall be made available to the grantor for a period of six (6) months from such termination
date, subject to the grantor paying a reasonable rental fee therefore.

b. The franchise may be terminated by the grantor if, after two (2) written notices not less than thirty (30) days apart, the grantee fails to correct major violations of federal, state
or county solid waste management regulations and standards.

Section 17. NOTICE: A letter addressed and sent by certi­fied United States Mail to either the grantor or the grantee at its business address, shall be sufficient notice whenever re­quired for any purpose in the franchise.

Section 18. RUBBISH COLLECTION: It is the intention of this ordinance to establish a County-wide system of rubbish collection, transportation and disposal thereof. It shall be unlawful for any
person to engage in the business of collection, transporting, hauling or conveying any rubbish or garbage over the highways or roadways within Idaho County, or to dump or dispose of the same unless and until such person is properly licensed therefore or has a valid contract with the County of Idaho for such purpose.

Section 19. REFUSE ACCUMULATION UNLAWFUL: 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.

Section 20, RESPONSIBLE AUTHORITY: The Idaho County Sheriff or other persons as may be appointed by the Sheriff and Commissioners, shall be responsible for the enforcement of the provisions of this ordinance and other duties as the Commissioners may prescribe, and there shall be designated a Sanitary Inspector who shall enforce the same at the direction of the Idaho County Commissioners.

Section 21. PENALTY: It shall be a misdemeanor, except at solid waste disposal systems located, maintained and operated as provided by this ordinance, for any person to throw away, dump or discard any type or nature of solid waste on any public lands, rights of way of any kind, or private land of another. In addition to the criminal penalties for violation of this section, civil damages in an amount of three (3) times the actual damage shall be imposed upon the person so convicted to be used to restore the lands to their original state. Such civil actions shall be brought in and for the County of Idaho and any remainder of damages collected after restoration shall be used for mainten­ance and operation of solid waste disposal systems.

Section 22. SEPARABILITY: The Idaho County Solid Waste Disposal Ordinance is drafted under the authority of and in accordance with the 1971 Idaho Session Laws, and other applicable statutes.

Section 23. INJUNCTION: In addition to the criminal penal­ties provided for violation of a county ordinance, whenever it appears to the Board of County Commissioner that any person has
engaged or is about to engage in any act or practice constituting a violation of any provision of this ordinance or any ordinance enacted pursuant to this ordinance, the board may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this ordinance or any ordinance hereunder. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this ordinance hereunder, a permanent or temporary injunction restraining order or writ of mandamus shall be granted. The Board of County Commissioners shall not be required to furnish bond.

PASSED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH THE STATUTORY PROVISIONS OF THE STATE OF IDAHO ON THIS 19 DAY OF MARCH, 1973.

Lewis Crea – Chariman
Ray Terhaar – Member
Eugene Olmstead – Member

Attest: Bob J. Waite – Clerk of the Board

 

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