§ 90-64. Term and conditions.

(a)

Any license issued under this subdivision by the county shall be valid for a term of ten years and shall be renewed in accordance with this subdivision.

(b)

As an additional condition of a license, the board of county commissioners may request that the proposed licensed service area is expanded to include areas adjacent to those proposed by the applicant when the board of county commissioners determines that additional collection, transport or disposal services are needed to meet the demands of those persons residing within the area adjacent to the proposed licensed service area. If the board of county commissioners so expands the proposed licensed service area, the applicant shall be entitled to adjust its rate schedule as authorized in subsection 90-48(e).

(c)

As a condition of any license issued under this subdivision, the license holder shall comply with all requirements of this article and any rules or regulations promulgated by the board of county commissioners pursuant to the authority contained in this article.

(d)

The license holder shall appear and defend all actions against the county arising out of the exercise of authority under the license and shall indemnify and save the county, its officers, employees and agents harmless and free of all claims, demands, actions or causes of action of any kind and description arising out of or in any way connected with services provided or required to be provided or other actions taken or omitted to be taken or required to be taken pursuant to the license, except as such may relate to the direct negligence of the county, its officers, employees or agents.

(e)

As a condition of each license, the license holder agrees that the county shall have the right to inspect all collection vehicles and equipment at any time without prior notice in order to determine that no hazardous waste is being disposed of within the solid waste disposal and resource recovery system and to otherwise determine whether the license holder is in compliance with this article.

(f)

The license holder agrees to pay when due any and all tipping fees as established by the board of county commissioners from time to time for disposal in the solid waste disposal and resource recovery system.

(g)

The license holder shall provide services to any person within the licensed service area requesting service, provided the person agrees to pay the rates as established by the license holder and approved by the board of county commissioners.

(h)

For license holders providing services in political jurisdictions outside the county or municipalities within the county not participating in the county's solid waste disposal and resource recovery system, the board of county commissioners may require a separate vehicle identification design or scheme for all collection vehicles and equipment.

(i)

Collection vehicles and equipment utilized in connection with the license holder's operations within the licensed service area may not be used in other political jurisdictions outside the county boundaries, unless specifically approved by the county.

(j)

Collection vehicles used by a license holder in other political jurisdictions outside the county boundaries shall not be used to provide service within the licensed service area, unless specifically approved by the county.

(k)

Each license holder shall maintain a complete and accurate record of the collection services provided to nonresidential properties. Such records shall include the size of containers, the number of containers and each time the containers were collected by the license holder. Furthermore, such records shall reflect the total amount of services provided to each parcel of nonresidential property as identified by the parcel number used by the county property appraiser for purposes of ad valorem tax assessment. Such records shall be kept in a uniform, reproducible form as approved by the county for the purpose of establishing a database in order to determine solid waste quantities generated by nonresidential properties. Such data shall be made available to the county upon request and shall be included by the license holder with each application for annual renewal required in this subdivision.

(Code 1970, § 23-49; Ord. No. 89-06, § 9, 2-21-89; Ord. No. 89-22, § 1, 12-19-89; Ord. No. 18-34, § 2, 8-7-18)