SECTIONS 49200-49205 - California Statutes

PUBLIC RESOURCES CODE

SECTION 49200-49205

49200. Every franchise or permit for the collection, disposal, or
destruction, or any combination thereof, of garbage, waste, offal,
and debris, shall be granted by the board of supervisors only under
the terms and conditions of this chapter.

49201. (a) Any county may, by resolution adopted by the board of
supervisors, call for bids for the granting of a franchise or permit,
exclusive or otherwise, for the collection, disposal, or
destruction, or any combination thereof, of garbage, waste, offal,
and debris, according to the terms and conditions set forth in the
resolution, for a period of time not to exceed 25 years.
(b) After adoption of the resolution pursuant to subdivision (a),
the board of supervisors shall cause to be published once a week for
two successive weeks a notice which shall set forth all of the terms
and conditions in the resolution and the time, date, and place for
the receiving and opening of sealed bids, which shall not be sooner
than four full weeks from date of the first publication of the
notice.
(c) Upon examination by the board of supervisors of the bids, the
franchise or permit may be awarded to the lowest qualified bidder.
The board of supervisors may postpone the granting of the franchise
or permit from time to time until it has had a full and complete
opportunity to examine the merits of each bid.

49202. The successful bidder shall file with the board of
supervisors, upon grant of the franchise or permit, a bond in favor
of the county in an amount and under the terms and conditions
prescribed by the board of supervisors.

49203. The county may, in the resolution and advertised notice,
impose terms and conditions other than those specified in this
chapter if they are not in conflict with this chapter.

49204. A bidder may in his or her franchise or permit bid set forth
any propositions, terms, and conditions that the bidder may desire
to offer, or receive the benefit from, which may be in addition to,
or in conflict with, those specified in the resolution or advertised
notice calling for bids, if they are not in conflict with this
chapter.

49205. The board of supervisors which, prior to July 1, 1980,
adopted an ordinance governing the granting of franchises or permits
for the collection, disposal, or destruction, or any combination
thereof, of garbage, waste, offal, and debris, and which granted
franchises or permits pursuant to that ordinance covering defined
zones or areas of the county, may extend the term of any of those
franchises or permits for only one additional period not exceeding 25
years without advertising or calling for bids as required by Section
49201, if all of the following conditions exist:
(a) (1) The county franchise or permit ordinance contains rules
and regulations for the protection of the public health and welfare
and provides that the board of supervisors may control the rates to
be charged customers by the franchise or permitholders.
(2) Notwithstanding any provision in a county ordinance, the board
of supervisors shall not increase the rates to be charged to
customers by franchise or permitholders without first calling and
holding a public hearing on the proposed increase in rates.
Publication of notice of the hearing required by this paragraph shall
be made by the board of supervisors pursuant to Section 6066 of the
Government Code.
(b) The franchise or permit proposed to be extended was granted in
strict compliance with the requirements for calling and advertising
for bids and award to the lowest qualified bidder pursuant to Section
49201, and was otherwise granted in strict compliance with this
chapter.
(c) The franchise or permit proposed to be extended was granted on
a nonexclusive basis so that the board of supervisors is not
precluded from granting additional franchises or permits to cover the
same areas if, in the judgment and discretion of the board of
supervisors, the public interest will be served thereby.
(d) The county franchise or permit ordinance authorizes the county
auditor or any other qualified public accountant to audit
periodically the books and records of the franchise or permitholders.