<div class="chunk-title">Sec. 62-45. - Franchise grants and conditions.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Franchise grants.</span> Franchise grants shall be made as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Period of validity.</span> Each franchise granted under the provisions of this division shall not exceed a period
               of ten years.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Notice of solicitation for franchise proposals.</span> Six months prior to the expiration of a franchise, or at any time the board of commissioners
               desires to fill a vacant franchise, the board of commissioners shall direct the county
               purchasing agent and/or county attorney to solicit proposals for the collection and
               disposal of solid waste and collection of recyclables, if applicable. Prior to the
               due date for proposals, the purchasing agent or county attorney shall cause a notice
               of the solicitation for proposals to be published once a week for two successive calendar
               weeks in a newspaper of general circulation throughout the county, which notice shall
               state that proposals for a franchise for the collection and disposal of solid waste
               and collection of recyclables, if applicable, are being accepted, to whom the proposal
               should be directed, the date the board of commissioners will consider the proposals
               and awarding a franchise, and a general description of the area to be franchised.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Consideration of proposals; basis of franchise grant.</span> After the receipt of franchise proposals, the county attorney shall provide relevant
               information on the proposals received to the board of commissioners for consideration.
               Following the consideration of the proposals, the board of commissioners shall grant
               franchises to the person or business that, in the judgment of the board of commissioners,
               will provide the best and most efficient service in the area for which the franchise
               is granted. Pursuant to G.S. 153A-46, the ordinance granting, renewing, extending,
               or amending any franchise shall be made by ordinance which has been passed at two
               regular meetings of the board of commissioners. The board of commission-ers shall
               grant the franchise at least 30 days prior to the expiration of the existing franchise.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Proposal; contents; submission.</span> The proposal shall include, but not be limited to, the following information:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The proposal shall contain the name, address, and telephone number of the proposer,
               and if the proposer is a business, the names and addresses of its officers, directors,
               owners, and partners. In addition, if the proposer is a corporation, a certified copy
               of its articles of incorporation shall be filed with the proposal. The proposer will
               provide financial statements, history of ownership, or other evidence as necessary
               to substantiate the proposer's financial condition, experience, and capacity to successfully
               deliver the services to be performed under the franchise.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               If applicable and permitted under the guidelines of the solicitation, the proposal
               shall set forth with particularity a description of the area the proposer offers to
               serve, along with a map delineating the area, if different from the designated franchise
               areas.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The proposal shall set forth the manner and means by which the proposer offers to
               serve the area, including how the proposer will provide for the collection and disposal
               of solid waste and collection of recyclables and how rejects of recycling materials
               will be minimized; potential service improvements; qualifications and availability
               of sufficient personnel and equipment to provide satisfactory service; list of vehicles
               and equipment to be used; and a description of how the bidder will ensure that quality
               services will be provided to citizens in the franchise area.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               The proposal shall be submitted in accordance with guidelines issued in the solicitation.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Any portion of the county which is not covered by a franchise may be designated as
               a franchise area by the board of commissioners and a franchise granted according to
               the provisions of this division. Further, the board of commissioners reserves the
               right to negotiate within or outside the scope of a solicitation in any manner deemed
               appropriate to serve the best interests of the citizens in the franchise area and
               for the development or management of the county's solid waste and recycling programs.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Conditions and terms.</span> All franchises are and shall be granted upon the following terms and conditions:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Certificates of acceptance.</span> Each franchised collector shall execute a certificate of acceptance of franchise
               within two weeks following the grant of a franchise. The certificate of acceptance
               shall contain a statement to the effect that the provisions of this section are incorporated
               by reference therein and that the collector has read and understands the section and
               will comply with its provisions, and that failure to comply with this section shall
               be grounds for termination of the franchise. The certificate of acceptance also shall
               incorporate by reference the solicitation for proposals and addenda thereto, advertisement,
               instructions, terms and conditions, specifications, insurance certificates, and all
               other documents related to the granting of the franchise including sections<a href="" data-chunk-id="COOR_CH62SOWAMA_ARTIICOTRDI_DIV1GE_S62-26DE" class="section-link" data-product-id="12776"> 62-26</a> through<a href="" data-chunk-id="COOR_CH62SOWAMA_ARTIICOTRDI_DIV2FRCOHA_S62-47FE" class="section-link" data-product-id="12776"> section 62-47</a> of this article, and any amendments thereto. Such certificate shall be executed in
               triplicate, one copy to be retained by the franchised collector, one copy to be returned
               to the office of the county attorney, and the original to be on file with the director
               of solid waste. Unless the certificate is returned to the county attorney within two
               weeks of the grant of the franchise, such franchise may be terminated by the board
               of commissioners unless such time is extended for cause.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Continuous service; recycling.</span> Each franchised collector shall render continuous, weekly, curbside pickup service
               on a regular schedule, as approved by the director of solid waste, to every residence
               or place of business in the area in which the franchised collector is franchised to
               do business, provided that the occupant, owner, or proprietor of such residence or
               place of business is willing to contract for and to pay for the services. In addition,
               each franchised collector, as a condition of the franchise, is required to offer recycling
               services for the collection of recyclables such as bundled corrugated cardboard, newspaper,
               mixed paper, plastic bottles or jugs with tapered necks, aluminum or steel cans, and
               brown, green or clear glass bottles and jars. The franchised collector shall accommodate
               additional recyclable materials if required by the county. If additional recyclable
               materials are added for collection, the county shall notify the franchised collector
               at least 60 days in advance of the proposed change. On an annual basis, the franchised
               collector also shall deliver to each subscriber literature explaining the recycling
               program and materials to be recycled, which materials will be provided by the county.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Collection, schedules and routes.</span> The director of solid waste shall work with the franchised collectors and shall determine
               and establish the weekly schedules and routes within each franchised area based on
               need and economic factors. Each customer shall receive a minimum of one pickup per
               week on a regularly scheduled basis, unless otherwise approved by the director of
               solid waste. Collection will be done Monday through Friday, and collection of refuse
               and recyclable items shall be scheduled on the same day. An objective of this provision
               is the establishment of schedules which will afford customers maximum service.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Disposal.</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The franchised collector is required to transport all solid waste collected under
               this franchise to a county-owned landfill or a county-owned transfer station. In the
               event of an emergency or disaster that renders county-owned disposal facilities inoperable,
               the franchised collector shall transport solid waste to a disposal area designated
               by the director of solid waste. No solid waste may be transported to, transferred,
               or disposed of at any other location within the county or outside of the county without
               the written, advance approval of the director of solid waste.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The county reserves the right to change the disposal site and assign a new disposal
               site at any given time but shall notify the franchised collector at least 60 days
               in advance of the proposed change. Franchised collectors are responsible for paying
               all tipping fees associated with the disposal of solid waste.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               It is the franchised collector's sole responsibility to market, transport and deliver
               all recyclable items collected. The franchised collector shall be solely responsible
               for compliance with federal, state, and local laws, including but not limited to equipment
               and permitting requirements applicable to the transport, delivery, and/or processing
               of recycling and resource recovery equipment and facilities. Recyclables that the
               franchised collector is required to collect shall not be transported or delivered
               to or accepted at the county landfill or transfer station. Recyclables must be placed
               in a separate collection vehicle or placed in a bin on the vehicle that is separate
               from other waste collected.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               By the tenth of each month, the franchised collector shall report to the director
               of solid waste the amount of recyclable items collected and marketed the previous
               month. The report will contain the quantity of materials received and the percentage
               of recyclables disposed of because of unacceptable quality. Actual weights of recyclables
               collected, obtained by using scales certified by the N.C. Department of Agricultural
               and Consumer Services, shall be reported to the director of solid waste, who shall
               then report recyclable weights to the N.C. Department of Environment and Natural Resources.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Disposal of yard waste (e.g., brush, leaves, grass clippings, pallets), white goods,
               and other large items are not covered under the franchise grant. Those items, and
               any other items banned from North Carolina landfills in the future, shall be separated
               from the solid waste and disposed of in a manner consistent with all federal, state,
               and local regulations.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               <span class="ital">Protection of environment.</span> The franchised collector shall comply with all federal, state, and local laws including,
               but not limited to, health and safety regulations related to the protection of the
               environment. Vehicles and containers used for the collection and transportation of
               solid waste and recyclables shall be loaded and moved in such a manner that the contents
               will not fall, leak, or spill, and shall be covered when necessary to keep contents
               dry and to prevent blowing of material. If spillage should occur, the material shall
               be picked up immediately by the franchised collector and returned to the vehicle or
               container and the area shall be properly cleaned.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               <span class="ital">Vehicles, equipment, and personnel.</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The franchised collector shall provide all of the vehicles, equipment, personnel,
               and other items necessary to perform the work granted under the franchise.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The franchised collector shall maintain an office within the county which shall be
               equipped with a local telephone number and adequately staffed with qualified personnel
               as may be necessary to receive and process subscriber service requests, inquiries,
               or complaints. The offices of the franchised collector shall be staffed during the
               hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, during the term of the franchise.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The franchised collector shall ensure by all necessary means that sufficient vehicles,
               equipment, personnel, and other necessary items are available to meet service requirements
               throughout the term of the franchise. In the event of equipment breakdown, the franchised
               collector must have an alternate method of pickup arranged in order that service will
               not be seriously interrupted.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               The franchised collector shall keep all vehicles fully licensed and inspected as required
               by the State of North Carolina. The franchised collector shall comply with any state
               and local vehicle registration, permitting or regulatory requirements.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               All vehicles must be uniformly identified including company name, vehicle number,
               and phone number. All vehicles should be painted the same color.
               </p>
            		
            <p class="incr2">
               f.
               </p>
            		
            <p class="content3">
               Vehicles or containers used for the collection and transportation of solid waste and/or
               recyclables shall be leak-proof, durable, and of easily cleanable construction. All
               vehicles, equipment, and/or containers used for collection and transportation shall
               be maintained in good repair and cleaned as often as necessary to maintain sanitary
               conditions and prevent a nuisance or insect breeding. There shall be no garbage or
               recyclable items on the outside of the vehicle in any manner.
               </p>
            		
            <p class="incr2">
               g.
               </p>
            		
            <p class="content3">
               A list of all vehicles and equipment to be used with year of manufacture, along with
               the condition of each, shall be submitted to the director of solid waste on an annual
               basis during the term of the franchise.
               </p>
            		
            <p class="incr2">
               h.
               </p>
            		
            <p class="content3">
               The county may inspect vehicles and equipment or require other documentation as necessary
               to ensure all vehicles and equipment meet the specifications outlined herein.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               <span class="ital">Property rights, records, and transition of services.</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The franchised collector shall maintain a list of all subscribers in unincorporated
               areas of the county, including each customer's street and mailing address and phone
               number, and a description of service(s) provided to each customer. The list of current
               subscribers associated with this franchise is deemed to be the property of the county
               and shall be provided to the county in its correct form upon request by the county.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Each franchised collector shall furnish to the director of solid waste such business
               records, related to the operation of his franchise, with accurate and current information
               as is requested.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The franchised collector shall cooperate with the county and any new franchised collector(s)
               that may be assuming the provision of services after the end of a franchise period
               or upon termination of the franchise. This includes, but is not limited to, supplying
               a list of subscribers and other such actions as necessary to effect a smooth transition
               of services.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               <span class="ital">Required annual statement.</span> Within 30 days of acceptance of a franchise and no later than July 1 of each year
               during the life of such franchise, the franchised collector shall furnish to the county
               manager a written statement in which the director of solid waste verifies that:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The director of solid waste has inspected the storage facilities and all vehicles
               to be used by the franchised collector, his associates and employees.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The storage facilities, vehicles, and the franchised collector's method of operation
               meet the requirements of this division.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Each vehicle to be used for the collection, pickup, removal, transportation, and disposal
               of solid wastes by or for the franchised collector complies with the provisions in
               subsections (5) and (6) above.
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               <span class="ital">Inspection; conducting; statement and permit required; display.</span> The director of solid waste shall conduct an annual inspection to be completed by
               July 1 of each year, of all vehicles, facilities, and equipment of each franchised
               collector as to the matters specified in subsections (b)(8)a, (b)(8)b and (b)(8)c
               of this section. Upon satisfactory inspection, the director of solid waste shall furnish
               the franchised collector with such statement for the county manager and an annual
               permit, which permit shall be displayed on the windshield, door, or bumper of each
               vehicle. Failure to obtain such statement from the director of solid waste and to
               submit it to the county manager without good cause shall constitute just cause for
               termination of a franchise. Failure to obtain and display the permit described in
               this subsection without good cause shall constitute just cause for termination of
               a franchise.
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               <span class="ital">Failure to comply with conditions of franchise; appeal by collector to board.</span> Failure to comply with the terms and conditions of this division shall result in
               the following:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               <span class="ital">Recommendation by director of solid waste.</span> If the director of solid waste finds that any franchised collector has failed to
               comply with the terms and conditions of this division, the director of solid waste
               may attempt an informal resolution of the problem with the franchised collector. If
               the problem is not resolved, the director of solid waste shall advise the franchised
               collector and the board in writing as to his findings. The director of solid waste
               may make recommendations as to what action should be taken by the board.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               <span class="ital">Hearing by committee.</span> If the franchised collector is aggrieved by the findings or recommendations of the
               director of solid waste, the franchised collector, upon request, shall be given a
               hearing by a committee of three members having the following composition: one county
               commissioner, as appointed by the board; one representative of the department of solid
               waste, as appointed by the county manager; and one member appointed by the franchised
               collector. At the hearing, the franchised collector shall have the opportunity to
               show cause as to why the findings of the director of solid waste are incorrect, or
               why the action recommended by the director of solid waste should not be taken by the
               board of commissioners. Upon determination by the committee that a franchised collector
               has failed to carry out the duties, obligations, terms, and conditions imposed by
               the acceptance of a franchise under this division, it may recommend to the board of
               commissioners the following:
               </p>
            		
            <p class="incr3">
               1.
               </p>
            		
            <p class="content4">
               That the franchised collector be placed on probation;
               </p>
            		
            <p class="incr3">
               2.
               </p>
            		
            <p class="content4">
               That the franchise of the franchised collector be suspended pending completion of
               recommended corrective action;
               </p>
            		
            <p class="incr3">
               3.
               </p>
            		
            <p class="content4">
               That such changes be made in the franchise territory or area served by the franchised
               collector as will protect the public interest; or
               </p>
            		
            <p class="incr3">
               4.
               </p>
            		
            <p class="content4">
               That the franchise of the franchised collector be revoked.
               </p>
            		
            <p class="b3">
               If the committee finds that a franchised collector has substantially complied with
               the duties, obligations, terms, and conditions imposed by this division, the committee
               may recommend that the board of commissioners take no action. The board of commissioners
               must give consideration to the recommendation of the committee, but is not bound by
               it.
               </p>
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               <span class="ital">Presence of court reporter.</span> The franchised collector shall be entitled, at his expense, at any point in the proceedings,
               to have a court reporter present for the purpose of transcribing the proceedings.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               <span class="ital">Procedures not exclusive.</span> The procedures provided for in subsection (b)(10)a, b, and c of this section are
               not exclusive, and shall not prevent the board of commissioners from instituting an
               investigation or taking any other action independently of the director of solid waste.
               </p>
            		
            <p class="incr1">
               (11)
               </p>
            		
            <p class="content2">
               <span class="ital">Transferral of franchise.</span> No franchised collector may sublease, subcontract, convey, or otherwise transfer
               his franchise or any portion thereof without the written approval and consent of the
               board of commissioners, which consent may be given upon motion duly made and passed
               at any regular meeting of the board of commissioners, without the necessity of amending
               this division.
               </p>
            		
            <p class="incr1">
               (12)
               </p>
            		
            <p class="content2">
               <span class="ital">Right of property owner to collect, transport and dispose.</span> Except for and subject to the provisions of<a href="" data-chunk-id="COOR_CH62SOWAMA_ARTIICOTRDI_DIV2FRCOHA_S62-46PRLI" class="section-link" data-product-id="12776"> section 62-46</a>, no other provisions of this division shall be construed to prohibit any person from
               collecting, picking up, removing, transporting, or disposing of solid wastes from
               property owned or leased by him, or which is under his proprietorship, management,
               or control; provided, however, that such person complies with local, state, or federal
               rules and regulations and the provisions of division 1 of this article. The owner
               or operator of any apartment house or complex or mobile home park may collect and
               remove solid wastes from the tenants within his park or complex, in the same manner
               as the proprietor of any commercial establishment, and the payment of a rental which
               includes compensation for this service shall not be construed to be in violation of
               this division.
               </p>
            		
            <p class="incr1">
               (13)
               </p>
            		
            <p class="content2">
               <span class="ital">Insurance.</span> At its sole cost and expense, each franchised collector shall be required to procure
               and maintain insurance from reputable insurers authorized to do business in North
               Carolina. Insurance coverage shall include workers compensation, employer's liability,
               comprehensive general liability, automobile liability, contractual liability, and
               any other insurance coverages deemed necessary by the county with amounts stipulated
               by the county. On an annual basis during the term of the franchise, the franchised
               collector shall furnish certificates of insurance evidencing the required amounts.
               All liability certificates shall name the county as a additional insured.
               </p>
            		
            <p class="incr1">
               (14)
               </p>
            		
            <p class="content2">
               <span class="ital">Performance bond.</span> At its sole cost and expense, each franchised collector shall be required to procure
               and maintain a performance bond in the minimum amount of $1,000,000.00, which shall
               remain in effect for the first two years of the franchise term. All bonds shall be
               in the forms prescribed by law or regulation and be executed by such sureties legally
               authorized to do business in the state of North Carolina.
               </p>
            		
            <p class="incr1">
               (15)
               </p>
            		
            <p class="content2">
               <span class="ital">Compliance with federal, state and local laws, etc.</span> Each franchised collector shall be required to perform franchised work in accordance
               with all other terms of contracts as may be necessary to ensure observance and compliance
               with all federal, state and local laws, ordinances, and regulations.
               </p>
            		
            <p class="incr1">
               (16)
               </p>
            		
            <p class="content2">
               <span class="ital">Forfeiture.</span> A franchised collector may forfeit his franchise through express written waiver,
               nonuse, or abandonment, as found by the board of commissioners.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 09-09-03, Â§ 1, Exh. A, 9-1-09)
               </p></div>