Solid Waste Collection Franchises.

Dallas City Code ch. 18, art. IV, div. 2

in effect

Dallas City Code § 18-32 FRANCHISE AND DECAL REQUIRED.

SEC. 18-32. FRANCHISE AND DECAL REQUIRED. A person commits an offense if, without a valid solid waste collection franchise granted under this article and Chapter XIV of the city charter, he: (1) operates, or causes or permits the operation of, a solid waste collection service; or (2) operates, or causes or permits the operation of, a vehicle for the purpose of providing solid waste collection service in the city. (Ord. Nos. 14219; 16367; 17226; 21058; 21163; 24743; 26480; 26608; 33031; 33224)

Dallas City Code § 18-33 FRANCHISE APPLICATION.

SEC. 18-33. FRANCHISE APPLICATION. (a) To obtain a solid waste collection franchise, a person must submit an application on a form provided for that purpose to the director. The applicant must be the person who will own, control, or operate the proposed solid waste collection service. The application must contain the following information: (1) the applicant’s name, address, and signature; (2) the form of business of the applicant, and, if the business is a corporation, partnership, limited liability company, joint venture, or unincorporated association, a copy of the documents establishing the business; (3) a description of any past business experience of the applicant, particularly in providing solid waste collection service, and an identification and description of any revocation or suspension by the city, or by any other governmental entity, of a solid waste collection license, franchise, or similar authorization held by the applicant or business before the date of filing the application; (4) the number and description of vehicles the applicant proposes to use in the operation of the solid waste collection service, including year, make, model, motor identification number, and state license registration number for each vehicle; (5) a description of the proposed solid waste collection service; (6) documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by the city in the franchise ordinance; (7) documentary evidence of payment of ad valorem taxes owed on the real and personal property to be used in connection with the operation of the proposed solid waste collection service if the business establishment is located in the city; and (8) such additional information as the applicant desires to include to aid in the determination of whether the requested franchise should be granted. (b) The director is authorized to require any other information deemed relevant and necessary, and make any additional investigation as is necessary to verify the truth of the information contained in the application and to determine if the applicant meets the requirements of this article and the standard franchise ordinance required by the city. (Ord. Nos. 21058; 21163; 24743; 26480; 26608; 33031)

Dallas City Code § 18-34 FRANCHISE GRANT.

SEC. 18-34. FRANCHISE GRANT. (a) If the director determines from the application that the applicant meets the requirements of this article and other applicable law to hold a franchise for solid waste collection service, the director shall present the application to the city council and make a recommendation regarding the application. The city council may grant or deny the franchise. The city council shall grant a franchise by ordinance. The grant of a franchise under this article is nonexclusive. (b) The terms and conditions of a franchise will be set forth in the ordinance granting the franchise to the applicant. By accepting the franchise, the applicant agrees to comply with all of those terms and conditions. (c) The director may issue a temporary solid waste collection license to allow a solid waste collection service to operate for up to 180 days, while the solid waste collection service’s franchise application is pending review and the city council’s consideration. A temporary solid waste collection license expires at the earlier of 180 days or denial of a franchise by the city council. The terms and conditions of a temporary solid waste collection license must be substantially similar in form and content as a franchise ordinance. The director may revoke a temporary solid waste collection license for any violation of city ordinance or state or federal law, rule, or regulation, applicable to the collection or disposal of solid waste material. (Ord. Nos. 26480; 26608; 33031)

Dallas City Code § 18-35 FRANCHISE FEES.

SEC. 18-35. FRANCHISE FEES. (a) A franchisee shall pay a franchise fee set by the city council in the franchise ordinance. The franchise fee may not be less than six percent of the gross receipts resulting from the operation of the solid waste collection service within the city. (b) The franchise fee must be paid on a quarterly basis, within 45 days of the close of the calendar quarter for which the quarterly payment is calculated. The initial quarterly payment covers the period beginning as of the effective date of the franchise. A payment received later than 10 days after the due date accrues interest at the rate prescribed in Section 2-1.1 of this code. (c) A franchise fee payment is nonrefundable. (Ord. Nos. 14219; 14566; 17226; 20076; 21058; 21819; 24743; 26134; 26480; 26608; 32863; 33031)

Dallas City Code § 18-36 RESERVED. (Repealed by Ord. No. 33031)

Dallas City Code § 18-37 SUSPENSION OR REVOCATION OF FRANCHISE; ASSESSMENT OF CIVIL PENALTIES.

SEC. 18-37. SUSPENSION OR REVOCATION OF FRANCHISE; ASSESSMENT OF CIVIL PENALTIES. (a) The director may suspend the operation of a solid waste collection service doing business under a franchise granted under this article if: (1) the franchisee fails or refuses to comply with any provision of the franchise ordinance, this article, or any other city ordinance or state or federal law applicable to the collection or disposal of solid waste material; (2) the franchisee fails or refuses to make a franchise fee payment required by this article or the franchise ordinance at the time it was due; or (3) the solid waste collection operation creates a public nuisance or a serious public health or safety hazard. (b) The director shall provide at least 24 hours written notice to the franchisee of any suspension and include in the notice the reason for the suspension, the date the suspension takes effect, the duration of the suspension, and a statement informing the franchisee of the right to appeal the suspension. The suspension must be for a definite period of time not to exceed 60 days. (c) A suspension by the director is final unless, within 20 days after the receipt of written notice of the director’s action, the franchisee files a written appeal with the city manager. The city manager shall, within 15 days after the appeal is filed, consider all the evidence in support of and against the action appealed and render a decision either sustaining, reversing, or modifying the action. The decision of the city manager is final. The filing of an appeal under this subsection stays an action of the director until a final decision is made by the city manager, unless the director determines that continued operation of the solid waste collection service constitutes an imminent and serious threat to the public health and safety. (d) In addition to terminating a solid waste collection franchise on the grounds set forth in the franchise ordinance, the city council, on the recommendation of the director, may revoke a franchise, assess a civil penalty, or both, if the franchisee: (1) fails or refuses to comply with any provision of the franchise ordinance, this article, or any other city ordinance or state or federal law applicable to the collection, transportation, processing, or disposal of solid waste material; (2) knowingly or intentionally made a false statement or misrepresentation as to a material matter in the franchise application or in the negotiations for the franchise; or (3) fails or refuses to make a franchise fee payment required by this article or the franchise ordinance at the time it was due. (e) Before presenting a franchise revocation or civil penalty assessment to the city council under Subsection (d), the director shall notify the franchisee in writing of the proposed action. The notice must include: (1) the reason for the proposed revocation or civil penalty assessment; (2) action the franchisee must take to prevent the revocation or civil penalty assessment; (3) a statement that the franchisee has 10 days to take the action to correct any violation or noncompliance; and (4) a statement that the franchisee has a right to appear before the city council and contest the proposed revocation or civil penalty assessment. (f) If, within 10 days after receipt of the notice required in Subsection (e), the franchisee has not taken the action necessary to correct the violation or noncompliance, the director shall present the franchise revocation, civil penalty assessment, or both to the city council and make a recommendation regarding the proposed action. The director shall notify the franchisee in writing of the date the city council will consider the proposed action. The city council may formally revoke the franchise, assess the recommended civil penalty, impose any other penalty or action that the city council in its discretion considers appropriate, or remand the matter to the director for further review and recommendation. The action of the city council is final. The director shall notify the franchisee in writing of the city council’s decision. (g) Revocation of a solid waste collection franchise constitutes termination of the franchise ordinance and all accompanying rights, privileges, and permissions. Suspension or revocation of a solid waste collection franchise does not waive the city’s right to collect civil penalties imposed under the terms of the franchise ordinance prior to the suspension or revocation. (Ord. Nos. 14219; 17226; 21058; 21163; 26480; 26608)

Dallas City Code § 18-38 AMENDMENTS TO AND TRANSFER OF A FRANCHISE.

SEC. 18-38. AMENDMENTS TO AND TRANSFER OF A FRANCHISE. (a) A solid waste collection franchise may not be assigned, transferred, mortgaged, or pledged without the approval of the city council upon recommendation of the director. Minor amendments to a franchise, or approval of additional vehicles or equipment for use in the solid waste collection service, may be made by the director upon written request by a franchisee. The director may make minor amendments to a franchise without written request of a franchisee for matters of conformity with this chapter that do not adversely affect the franchisee. An assignment, transfer, mortgage, or pledge of the franchise, or an amendment that substantially changes the scope, terms, or obligations of the franchise, must be applied for in the same manner as the original franchise. (b) Before any vehicle not listed in the application for a solid waste collection franchise may be placed in service, the franchisee must notify the director of the proposed use of a new or additional vehicle. (Ord. Nos. 21058; 21163; 24743; 26480; 26608; 33031)

Dallas City Code § 18-39 EXPIRATION AND RENEWAL OF FRANCHISE; VOIDANCE OF AUTHORITY TO OPERATE VEHICLES.

SEC. 18-39. EXPIRATION AND RENEWAL OF FRANCHISE; VOIDANCE OF AUTHORITY TO OPERATE VEHICLES. The city council shall designate the term of a solid waste collection franchise in the franchise ordinance, which term may never exceed 40 years. The franchisee may renew the franchise by making application in accordance with Section 18-33. A franchisee shall apply for renewal at least 90 days before the expiration of the franchise term. (Ord. Nos. 21058; 21163; 24743; 26480; 26608; 33031)

Dallas City Code § 18-40 FRANCHISEE’S RECORDS AND REPORTS.

SEC. 18-40. FRANCHISEE’S RECORDS AND REPORTS. Each franchisee shall maintain, at a single location in the Dallas-Fort Worth metropolitan area, adequate financial records documenting all of its solid waste collection service transactions within the city. The records must be maintained in accordance with generally-accepted accounting and government- auditing standards. The franchisee may be audited by the city as often as the director deems necessary to ensure that accurate franchise fee payments are received. A franchisee shall make its records available for inspection by the director at reasonable times upon request. (Ord. Nos. 21058; 21163; 26480; 26608)

Dallas City Code § 18-41 QUARTERLY REPORT.

SEC. 18-41. QUARTERLY REPORT. A franchisee shall file a quarterly report with the director containing the following information for the preceding calendar quarter concerning solid wastes and recyclable materials collected by the franchisee within the city: (1) Total volume in tons of municipal solid waste collected by the franchisee, with separate figures for total residential waste and total commercial waste. (2) Total volume in tons of recyclable materials collected and recycled by the franchisee, with separate figures for total recycled residential waste and total recycled commercial waste. (3) A description and the total volume in tons of each type of material recycled by the franchisee. (Ord. Nos. 21058; 21163; 26480; 26608; 33031)

Dallas City Code § 18-42 FAILURE TO PAY AD VALOREM TAXES.

SEC. 18-42. FAILURE TO PAY AD VALOREM TAXES. A franchisee or an applicant for a solid waste collection franchise shall not allow the payment of ad valorem taxes upon any vehicle, equipment, or other real or personal property used directly or indirectly in connection with the solid waste collection service to become delinquent. (Ord. Nos. 21058; 26480; 26608)

Dallas City Code § 18-43 NOTIFICATION OF CHANGE OF ADDRESS OR OWNERSHIP.

SEC. 18-43. NOTIFICATION OF CHANGE OF ADDRESS OR OWNERSHIP. A franchisee shall notify the director within 10 days of a change in: (1) the address or telephone number of the solid waste collection service; or (2) the form of the business or the executive officers of the solid waste collection service. (Ord. Nos. 21058; 21163; 26480; 26608)

Dallas City Code § 18-44 VEHICLE INSPECTION.

SEC. 18-44. VEHICLE INSPECTION. A franchisee or an applicant for a solid waste collection franchise shall allow for inspection of vehicles and equipment to evaluate compliance with this chapter at such times as may be ordered by the director. (Ord. Nos. 21058; 26480; 26608; 33031)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-143364Fetched: 10/26/2026