AN ORDINANCE AMENDING COUNTY OF IDAHO ORDINANCE NO. 3 BY PROVIDING ADDITIONAL REQUIREMENTS CONCERNING WALCO, INC., A CORPORATION; PROVIDING A MONTHLY FEE RATHER THAN A PIECEMEAL BASIS; PROVIDING FOR THE RETENTION OF THE BALANCE OF THE ORDINANCE; PROVIDING FOR THE GRANTING TO WALCO, INC., THE RIGHT, PRIVILEGE AND FRANCHISE TO OPERATE A SANITARY FACILITY AND GARBAGE SERVICE WITHIN IDAHO COUNTRY, IDAHO, AND TO OPERATE SAID FACILITY IN CONFORMANCE WITH THIS ORDINANCE WITHIN THE AREA SET OUT IN THE FRANCHISE TO BE GRANTED; TO ALLOW A FRANCHISE HOLDER TO VOLUNTARILY NEGOTIATE WITH USERS CHARGING FEES IN SUCH AMOUNTS AND IN SUCH A MANNER AS IS SET FORTH HEREIN; PROVIDING FOR A MANDATORY DUMPSTER CONTAINER SYSTEM WITHIN THE COUNTY; TO PROVIDE 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 FROM AND AFTER OCTOBER 1, 1979; SUBJECT TO THE PROVISION HEREOF; PROVIDING FOR LIABILITY INDEMNIFICATION BY THE FRANCHISE HOLDER OF THE GRANTOR AND FOR INSURANCE REQUIREMENTS; PROVIDING FOR THE APPROVAL AND RATIFICATION OF A WRITTEN FRANCHISE BETWEEN THE FRANCHISE HOLDER AND THE COUNTY OF IDAHO; PROVIDING FOR THE APPROVAL OF SUCH ORDINANCE UPON ITS PASSAGE AND PUBLICATION;

BE IT ORDAINED BY TE BOARD OF COUNTY COMMISSIONERS OF IDAHO COUNTRY, 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 residence, 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, bottle, 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 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 by 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 create 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, provision, and agreements and limitations herein contained, and the County of Idaho, the right, privilege and franchise are hereby granted by the Country of Idaho through its Board of County Commissioners to operate an exclusive sanitation service as above defined in that area hereinafter described in Exhibit “A”, attached hereto and incorporate 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 from and after October 1^st, 1979, and five years forward 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 or own such a site approximately 5.2 miles southeast of the City of Grangeville, Idaho County, Idaho, and that the Grantor has examined such sanitary land fill and hereby approves the location of the same as best it can for the future use of County refused. All rubbish and garbage deposited in 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 Grantee 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 Fifteen Cents ($3.15) , which shall provide such users with access and use of County dumpsters at various locations along County right-of-ways within the area designated in Exhibit “A”, which is attached hereto and incorporated by this reference.

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

c. That in respect to commercial collection, rates and schedule 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 rectors that are peculiar to the area set forth in Exhibit “A”.

d. In the event that a contractor or other builder of a substantial structure or one who engages in demolition of a previous structure, such person shall make private arrangements for any substantial construction or demolition of any existing buildings. In the event that a substantial construction job occurs without previous arrangements with the Grantee under any franchise, said non-complying party shall be deemed to be guilty of a misdemeanor penalty for the State of Idaho. Upon the application for a building permit, it shall be the duty of the County Recorder to proved information to such applicant of the requirements of Idaho County Ordinance No.17 and that a dumpster is required.

e. It is the duty of the County of Idaho to provide the Grantee with certain dumpster trash collectors suitable for automatic dumping into regular sanitation trucks. Such dumpsters shall be placed by the Grantee throughout his geographic area, as is shown in Exhibit “A”, so that the entire geographic area will be generally served and provide rural access to such dumpsters at all times during the year. The Grantee shall have the obligation of dumping the variously located dumpsters on a regular basis often enough to prevent a health hazard from collecting in any particular spot, and often enough to prevent unreasonable overloading and overflowing of any such dumpster.

Section 5.  RATES:  It is agreed that until renegotiation the rates shall be the sum of Seven-Thousand Dollars ($7,000.00) per month, payable by the County, beginning with the month of October, 1979. Such 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 the Grantor, and the Grantee must submit supporting data for the change, and the Grantor will have the final decision when said rate or rates change.

Section 6.  RENEGOTIATION OF FRANCHISE:  That in the event that compliance with subsequent statues, rules, regulation, 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 above changes.

Section 7.  USE OF AREA CONTAINERS:  It is agree that the Grantee shall have the right within the franchised are to negotiate with individual parties for individual pick ups upon rates that are usually and regularly charge for similar work in the Central Idaho area.

Section 8.  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 9.  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 sit and facilities. Proof of all insurance shall be furnished by the Grantee to the Grantor by certificates of insurance.

Section 10.  WORKMEN’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 Workmen’s Compensation Act of said State.

Section 11.  INSPECTION BY GRANTOR:  That to insure that Grantee is complying with all ordinances, rules, regulations and requirements and statures 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 12.  EMPLOYMENT:   That no person shall be denied employment by the Grantee by reason of race, creed or religion.

Section 13.  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, or violates the terms of this ordinance or the franchise granted hereunder in any way.

Section 14.  NOTICE:  A letter addressed and sent by certified United States Mail to either the Grantor or the Grantee at is business address shall be sufficient notice whenever required for any purpose in the franchise.

Section 15.  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 16.  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 17.  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 for maintenance and operation after restoration shall be used for maintenance and operation of solid waste disposal systems.

Section 18.  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 statues.

Section 19.  INJUNCTION:  In addition to the criminal penalties provided for violation of a county ordinance, whenever is appears to the Board of County Commissioners that any person has engaged or is about to engage 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 IN THIS 19 DAY OF September, 1979.

BOARD OF COUNTY COMMISSIONERS

By LEWIS CREA – Chairman

By JOHN KOPSZYNSKI – Member

By DOUG HIGGINS – Member

ATTEST:

BOB J. WAITE

Clerk of the Board of

County Commissioners

EXHIBIT “A”

All that portion of Idaho County, Idaho, lying South and West of a line described as follows:

Beginning at a point on the Western boundary of Idaho County, Idaho, which is a point on the Snake River lying approximately on the Southwest corner of Section Thirty-three (33), Township Twenty-seven (27) North, Range One (1) West of the Boise Meridian; Thence due East approximately seven (7) miles to the Southeast corner of said Section 33, Township 27 North, Range 1, E.B.M. ; Thence due North along the section line approximately fourteen (14) miles to the Northwest corner of Section Twenty-seven (27), Township Twenty-nine (29) North, Range One (1), East of the Boise Meridian; Thence due East approximately nine (9) miles to the Northeast corner of Section Twenty-five (25), Township Twenty-nine (29) North, Rang Two (2), East of the Boise Meridian, which point is on the division line between Range Two (2) E.B.M and Range Three (3) E.B.M. ; Thence due South approximately fourteen (14) miles to the Southeast corner of Section Thirty-six (36), Township Twenty-seven (27) North, Range Two (2), E.B.M. ‘ thence due East to the Eastern boundary of Idaho County, Idaho; and bounded on the West by the boundary line and bounded on the East by the boundary lines of Idaho County, Lemhi County, and the State of Montana, and being bounded on the South by the southern boundary of Idaho County, and northern boundaries of Adams and Valley counties.