§ 50.01. REFUSE COLLECTION LICENSES.

(A) Applications. Applications for refuse collection licenses shall be made on forms prescribed by the City Council, which forms shall set forth information concerning and evidencing applicant's having required bond and insurance coverage and suitable and adequate equipment to perform the service contemplated by licensing, as required by this and other applicable sections of this code. Such application forms may, in the discretion of the Council expressed by resolution duly passed, require statement of proposed rate structure, which, if the applicant is issued a license, shall be the rates chargeable for garbage collection by such licensee during the duration of such license.

(B) Council review of applications. To enable the City Council opportunity for review rates and other aspects of license applications, the Council may by resolution prescribe a period of time from the date application is filed with the City Administrator to study proposed rate structure and the application generally with particular regard to the ability to perform services contemplated by licensing. The Council may, by resolution, order public hearing to consider rates and other aspects of applications. The Council may, by resolution, require an applicant to submit customer lists to indicate justification for issuing additional license or licenses. The Council, in reviewing licensing applications, shall, among other things, consider the ability of the applicant to perform the services contemplated by licensing, taking into account the number of licensees which can effectively, yet renumeratively, collect refuse in the city and whether or not the rate structure is adequately compensatory.

(C) Fees. All license applicants shall submit with application requisite fee as established from time to time by the City Council. In the event the Council orders a public hearing, as authorized in division (B) of this section, a part of the fee as may be specified from time to time by the City Council shall be designated to defray the expense thereof including the charges of publication of notice of public hearing, the remaining basic fee to be regarded as the annual license fee. In the event no public hearing is ordered, that part of the basic fee otherwise designated to defray the expense of public hearing shall be refunded to the applicant licensed. All fees tendered by applicants not granted licenses shall be refunded to applicants except where rejection of the application resulted after a public hearing, in which case the part of the tendered fee allocable to the public hearing expense shall not be refunded. In all cases where a public hearing is scheduled, there will be one publication as to the notice thereof in the official newspaper of the city, which publication shall be made at least ten days before the appointed time for such hearing. The foregoing provisions notwithstanding, existing licenses may be renewed automatically by payment of the annual license fee until the Council, by resolution at least 60 days prior to renewal date, orders a public hearing be held on such renewal or unless the Council intends not to renew a given license pursuant to this chapter.

(D) Prorating and refunding fees. The Council is hereby authorized to prorate license fees enabling the licensing of refuse collectors at any time during the normal license year period, but no part of a license fee once paid shall be refunded except as may be authorized by Council resolution.

(E) Revocation. Any and all licenses are subject to suspension or revocation at any time for violation of any provisions of this section or violations of laws of the state, the rules, regulations, provisions, conditions and restrictions of all public state agencies or any other applicable law.

(F) Insurance and bonding. Each applicant shall provide public liability insurance, holding the city absolutely harmless on account of any claims whatsoever arising out of refuse collection services in the maximum sum of $1,000,000 and shall file with the City Administrator a bond in the penal sum of $5,000 running to the city to assure performance of the services contemplated by issuance of the license.

(G) Liability. All licensees shall be independent contractors and any and all agents and employees thereof shall be their agents and employees and not agents or employees of the city.

(H) Billing.

(1) Licensees shall collect all service charges. In the event refuse is not collected from any residents or other property in the city for reason of non-payment of service charges made pursuant to the licensee's Council approved rates, the licensee shall forthwith notify the City Administrator and, upon authorization by Council resolution, the refuse shall be picked up by licensee and the cost thereof paid by the city, which cost shall be certified to the County Auditor before October 10 of any given year and assessed to the real estate parcel to which pickup expenses relate, to be collected with the real estate taxes payable in the next succeeding year pursuant to M.S. §443.29.

(2) The rate payable for refuse collection services for purposes of this section shall be in accordance with the schedule as established from time to time by the City Council, together with the actual administrative and legal expenses incurred in certifying the charges for collection pursuant to the statute.

(3) Whether or not the City Council invokes the provisions of this section in a given case is completely discretionary with the City Council, and the invoking for the provisions of this section shall not prevent criminal prosecution for violations of any provisions of this section.

(Prior Code, § 9.04) Penalty, see § 50.99