§ 7-151. Garbage collection and disposal—Nonexclusive franchises.

(a)

A nonexclusive franchise is required for any collection of residential garbage and/or trash and the establishment and/or operation of any compaction or transfer station of residential garbage and/or trash within the unincorporated areas of Ouachita Parish by any residential garbage and trash collector and/or compactor/transfer station operator for a period not to exceed ten (10) years.

(b)

The franchise shall be in substantially the following form, to-wit:

(1)

In consideration of the faithful performance and observance of the terms and conditions of this franchise, the franchisee is hereby granted the right to maintain and operate residential garbage and/or trash collection trucks upon public roads and/or garbage compaction and/or transfer stations upon such property as may be designated by the Ouachita Parish Police Jury from time to time for the purpose of same.

(2)

The franchisee shall comply with all federal and state laws regarding the collection and/or disposal of garbage and trash, specifically, any and all rules and regulations of the U. S. Environmental Protection Agency and the Louisiana Department of Environmental Quality.

(3)

The franchisee shall maintain all trucks and other equipment in accordance with all applicable federal and state regulations, and shall issue to the Ouachita Parish Police Jury on an annual basis, a list of all equipment utilized, the description of same, and an indication of the leachate collection system utilized in conjunction with said equipment so as to prevent the leakage of waters and other noxious materials on the roadways of Ouachita Parish.

(4)

The franchisee shall furnish to the Ouachita Parish Police Jury and maintain on an annual basis, a list of all residential routes by area served by the franchisee for the collection of garbage, a list of fees charged for the collection of same, and an indication as to the location where the trash, garbage, or other material is disposed.

(5)

For garbage compaction and transfer stations, the minimum setback requirement shall be fifty (50) feet from the property line of the franchisee, with a minimum traffic loading inside the facility of five (5) cars. All site improvements shall be depicted on a survey and plat of the subject property and approved by a consulting engineer to the Ouachita Parish Police Jury prior to construction.

(6)

All compactor stations and transfer stations shall be surrounded by fences designed to prevent sight and sound interference as to the use of property by adjoining neighbors. The boundary fence can be a combination of masonry wall and/or trees, shrubs or other landscaping materials, which accomplish sight and sound interference.

(7)

All compactor station operations shall be conducted during daylight hours, normal hours to be 7:00 a.m. to 6:00 p.m. All trash compactor and/or transfer stations must be manned during such hours of operation. Days of operation shall be a minimum of Monday through Saturday, with Saturday operations to be allowed to close at 12:00 noon if requested. All compactor and/or transfer stations shall be open on all days which are not recognized as holidays by the Ouachita Parish Police Jury.

(8)

Staff of the Ouachita Parish Police Jury and of the Louisiana Department of Environmental Quality shall have the right to inspect all compactor stations and/or transfer stations at any time.

(9)

If the compactor and/or transfer station operator allows noxious odors to accumulate or escape from the compaction/transfer station area, the franchise shall be subject to revocation.

(10)

The allowance by the operator of a compactor and/or transfer station of an excessive number of flies, rodents or other nuisances, animals, or insects should be prohibited and grounds for revocation of the franchise.

(11)

The compactor operator shall establish regular transfer of the material to an approved landfill, said transfers to be not less than fourteen (14) days after receipt.

(12)

Prior to issuance of a franchise, all equipment used in the collection of garbage should be inspected by the Ouachita Parish Police Jury and annually inspected thereafter.

(13)

Prior to issuance of a franchise, the Ouachita Parish Police Jury shall convene a Public Hearing to hear comments from the public as to the issuance of same.

(14)

Prior to any issuance of any approval for the establishment of a compactor and/or transfer station, the Ouachita Parish Police Jury shall conduct public hearings to insure that all members of the public are fully informed as to the proposed siting of a transfer station and/or compaction station.

(15)

The franchisee shall indemnify and hold the Parish of Ouachita harmless at all times during the term of this franchise from and against any and all claims for injury or damage to persons or property both real and personal caused by or arising out of the operation of the franchisee pursuant to the authority of this section.

(16)

The franchisee shall carry insurance in such form and in such companies as may be approved by the parish, to protect the parish and itself from any and all claims for injury or damages to persons or property, both real and personal caused by the operations of the franchisee pursuant to the authority of this section. For a residential collection of franchise, the amount of such insurance against liability due to damage to property shall not be less than two hundred fifty thousand dollars ($250,000.00) as to any one person; five hundred thousand dollars ($500,000.00) as to any one accident, and against liability due to death or injury of persons; two hundred fifty thousand dollars ($250,000.00) as to any one person; and five hundred thousand dollars ($500,000.00) as to any one accident. A garbage compactor or transfer station franchisee shall maintain one million dollars ($1,000,000.00) in general commercial liability insurance which policies shall include pollution coverage. All franchisees shall also maintain statutory workmans compensation coverage.

(17)

A surety bond in such form as may be approved by the Ouachita Parish Police Jury shall be required from each franchise holder who is engaged in the operation of garbage compaction and/or transfer stations. The surety bond shall be in such amount as may be required to insure that closure of the transfer station/compactor site shall be conducted in accordance with Louisiana Department of Environmental Quality Regulations.

(18)

The franchisee, upon receipt of due notice in writing from the parish, shall defend at its own expense any action or proceeding against the parish in which it is claimed that the injury or damage arose as a result of the company's operations under the terms of this franchise.

(19)

The franchisee shall have a listed telephone number, and be so operated that complaints and requests for repairs and service may be received during normal business hours. The franchisee shall respond to all service calls within one (1) working day after notice.

(20)

The franchisee shall pay to the Ouachita Parish Police Jury during the term of this franchise on or before the fifteenth day of each month, a franchise fee equal to a percentage of the gross receipts of the franchisee for the prior month derived from the operation of the franchisee's residential garbage and/or trash collection and/or compaction and/or transfer station practices in the unincorporated areas of Ouachita Parish, as set by the Ouachita Parish Police Jury annually. Further, the franchisee shall submit on April 15 in each year, a statement from an accountant showing the total gross receipts received by the company for the preceding calendar year for residential garbage and/or trash collection and/or compaction and/or transfer station practices, and shall submit with such statement a check for any deficiency revealed by the statement. The Ouachita Parish Police Jury shall have the right to inspect the financial records of the franchisee to insure compliance.

(21)

The franchisee shall give the Ouachita Parish Police Jury sixty (60) days written notice prior to any increase in charges for its garbage and/or trash collection and/or compaction and/or transfer station services.

(22)

If the franchisee shall fail to comply with any and all of the provisions of this franchise, or default in any of its obligations, and shall fail within forty-five (45) days after written notice from the Parish of Ouachita to correct such default or noncompliance, then the Ouachita Parish Police Jury has the right to revoke this franchise granted and all rights of the franchisee granted hereunder.

(c)

Any person, partnership, or corporation who shall engage in the collection and/or compaction and/or transfer of residential garbage and/or trash in the unincorporated areas of Ouachita Parish, without first obtaining a franchise from the Ouachita Parish Police Jury under the terms of this section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars or imprisoned for a term of not more than thirty (30) days, or requirement to complete community service not to exceed three hundred twenty (320) hours, or any combination thereof at the discretion of the Court.

(d)

All proceeds of the franchise fee shall be dedicated to fund the costs of a litter enforcement and abatement program.

(e)

All franchise fees for franchises issued prior to December 31, 1999 shall be zero (0) percent of the gross receipts of the franchisee for the first twelve (12) months of the franchise, i.e., January 1, 2000 through December 31, 2000. For subsequent years, the franchise fee may be adjusted by the Ouachita Parish Police Jury by resolution adopted by the Ouachita Parish Police Jury on or before September 30 of each year, said adjustment to be in an amount not to exceed two (2) percent of the gross receipts of the franchisee annually, i.e., an increase or decrease from the prior year, or three (3) percent of the gross receipts of the franchisee over the term of the franchise, i. e., zero (0) to three (3) maximum, unless approved by a committee established by the Ouachita Parish Police Jury for the approval of an increase in excess of three (3) percent of the gross receipts of the franchisee, as provided under paragraph (f) hereunder.

(f)

The Ouachita Parish Police Jury shall establish a franchise fee adjustment committee consisting of six (6) individuals who shall be nominated and appointed as follows, to-wit:

(1)

Two (2) members to be nominated by those franchise holders who are engaged in residential garbage and/or trash collection.

(2)

Two (2) members to be nominated by those franchise holders who are engaged in the operation of garbage compaction and/or transfer stations. If less than two (2) franchisees as to the operation of garbage and/or trash compaction and/or transfer stations are in existence, only one member shall be nominated and appointed as a representative of the compaction and/or station franchise holders. In which case, the other member shall be appointed by the Ouachita Parish Police Jury as a representative of the public and/or a member of the Ouachita Parish litter control commission.

(3)

The president of the Ouachita Parish Police Jury and the vice president of the Ouachita Parish Police Jury shall serve as members of the subject committee.

Any increase above three (3) percent of the gross receipts of a franchise holder on an annual basis must be approved and recommended by the franchise fee adjustment committee prior to approval by the Ouachita Parish Police Jury. Such increase and approval shall be related to the anticipated expense on an annual basis for the succeeding year of the cost to establish, maintain, and operate an effective litter enforcement and abatement program in Ouachita Parish. Any proposed increase shall be adopted prior to September 30 to be effective for the following calendar year.

(g)

This section shall be effective March 1, 2000.

(Ord. No. 8562, 8-3-99)