Sec. 380.605. - Procedure for granting franchises.

(a) Application submission. (1) No franchise shall be granted hereunder prior to the submittal of an application therefor on a form supplied by the City Department. Applications for an initial franchise must be submitted to the City Department or division responsible for nonresidential franchise applications. The departmental review process can take up to 60 days. (2) Such application shall be in writing and shall include, but not be limited to, the following information: (i) The full name and address of the applicant. (ii) The type of the organization, that is, whether a corporation, limited liability company, association, joint stock association, individual proprietorship firm or partnership. (iii) The date the business was legally organized and, if now in business, the date of commencement of service to customers in Duval County. (iv) If the applicant is: (A) An individual, firm, association or partnership the full name and home address, social security number and date of birth of all parties owning an interest in the applicant. (B) A partnership, a copy of the partnership agreement and all amendments thereto. (C) A publicly-owned corporation on a nationally recognized stock exchange, the corporation's most recent annual and quarterly Securities and Exchange Commission 10K Report. For all other corporations, the applicant shall provide, the names and addresses of all the stockholders of the corporation and the percentage of the total stock held by each stockholder. (v) If the applicant is a partly or wholly-owned subsidiary of another business entity, the parent entity's full name, business address and state of incorporation or organization, and the extent of the entity's ownership of the applicant. As to the parent entity, the full name, date of birth, home address and social security number of the owner if a proprietorship; of each partner if a partnership; or of each officer, director and person owning five percent or more of the common or preferred stock if a corporation, shall be provided. In addition, if the parent entity of the applicant is a corporation, the full name, address, date of birth and social security number of each officer and director and of all stockholders holding five percent or more of the outstanding shares of the corporation shall be provided. (vi) A statement of the applicant's experience and capability in the collection and/or transportation of solid waste. (vii) Evidence that applicant has the potential for a significant amount of business within the City. (viii) An insurance certificate or a binder meeting the requirements of this Chapter. (ix) Certification that applicant has never been adjudicated in default on any government contracts or bids. (x) The description (type and quantity) of the equipment to be used in such removal, transportation and disposal, and description of the method of disposal, including the location of all disposal facilities, vehicles, and equipment to be used: (xi) Evidence that any disposal facility to be used by the applicant is licensed or approved by the proper federal and State authorities and those of the County and municipality where such facility is located. (xii) Certification that there are no unsatisfied final money judgments against the applicant. (xiii) Certification that the applicant has the financial resources to perform its duties and obligations as a franchisee under this Part. (xiv) Evidence of the safety, reliability and sanitation of the applicant's proposed collection and transportation service, including containers to be placed at customer's service location, if such are to be provided by the applicant. No franchisee under this Section shall materially diminish or change the quantity or type of the equipment used or the methodology for collection, transportation or disposal of nonresidential solid waste nor the location of disposal facilities described in its application, without reporting such changes to the City Department. In the case of changes in the location of disposal facilities, the report shall include evidence that the disposal facility is properly licensed by the appropriate regulatory authorities. Operational changes shall be reported in the first monthly report submitted after the change occurs. Disposal facility changes shall be reported at least 30 days before the franchisee begins using the facility. (3) In determining whether to grant or deny a franchise, the following criteria shall be considered: (i) The applicant's solid waste collection experience. (ii) The adequacy of the applicant's equipment and facilities in relation to the service to be rendered. (iii) Whether the applicant presently provides waste collection services within or outside the City. (iv) The applicant's compliance with Section 126.104 , Ordinance Code. (v) The applicant's ability to comply with the terms of this Part. (vi) The applicant's financial resources. (vii) The sanitation, safety and reliability of the applicant's collection equipment. (viii) Compliance by the applicant with applicable laws and rules of the County. (ix) The proper licensure and enforcement history of the facility identified by the applicant as for disposal or treatment of the solid waste to be collected. (x) Other considerations as the Council deems relevant. (4) Each application must be accompanied by a cashier's check payable to the City for the franchise fee application as found in www.coj.net/fees . Any application fee received shall be nonrefundable and shall be deposited into the Solid Waste Disposal Enterprise Fund of the City. The City Department will notify an applicant of any deficiencies in its application; and, the applicant will have 15 days within which to provide supplemental information. If the applicant fails to provide the requested information within the time prescribed the application will be deemed insufficient and denied without further Council action. (5) Within 45 days after the closing date for filing applications, the City Department will forward complete applications to the Council Secretary, with recommendations on whether to grant or deny the applicant(s) a franchise. (6) Within 90 days after the closing date for filing applications, the Council shall adopt a resolution granting or denying such franchises as the Council determines to be in the best interests of the City. The Director is authorized and empowered to approve the form of franchise agreements, which shall be on substantially uniform terms, and execute the agreements with successful applicants. Upon submission of a sworn affidavit to the City by a franchisee to dispose of all waste required to be disposed of in a Class I Landfill subject to the franchise at the Trail Ridge Landfill, the City shall agree to charge the franchisee the lowest rate charged to any franchisee, regardless of the total number of tons of waste disposed of monthly. The franchise agreement shall constitute the City's grant of the privileges contained therein and shall expire at such time as stated therein. The successful applicant(s) shall signify its (their) acceptance of the terms and conditions of the franchise by its (their) execution thereof. Upon due execution, the franchise agreement shall serve as evidence of the City's grant and the franchisee's acceptance of the franchise. (Ord. 93-1774-1411, § 1; Ord. 2008-295-E, § 1; Ord. 2017-665-E , § 22; Ord. 2018-571-E , § 1)