franchises and solid waste finance in nc and solid waste finance in nc ... mill's logic; or,...
TRANSCRIPT
![Page 1: Franchises and Solid Waste Finance in NC and Solid Waste Finance in NC ... MILL'S LOGIC; OR, ... WAY, THERE, FOR . Title: Franchises and Solid Waste Finance in NC Author: Whisnant,](https://reader035.vdocuments.us/reader035/viewer/2022062600/5aab19ca7f8b9a8d678b6d99/html5/thumbnails/1.jpg)
Franchises and Solid
Waste Finance in NC
By Richard Whisnant
UNC School of Government
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What do you think of when you hear the word
“franchise”?
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What does “franchise” have to do with
government ?
Boston, MA 1842
Charles River Bridge case, U.S. Supreme Court 1640 - 1837
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What does “franchise” have to do with solid
waste contracting and financing in NC?
• Local government must grant a franchise for private operation of a public enterprise (case law)(statutes say “may,” courts said “must”, apparently this covers “storage, collection, transportation, use, disposal, and other disposition of solid wastes” GS 153A-136).
• Franchise created by ordinance, requires two meetings of the governing board (GS 153A-146; 160A-76).
• Local franchise a pre-requisite for State sanitary landfill permit (GS 130A-294). There are special requirements for landfill franchises in 130A-294, including a public hearing and the possibility of a “preliminary franchise.”
• Franchise award made on any non-arbitrary, non-discriminatory basis (award is not subject to normal contract and bidding rules). Government must retain oversight and ultimately control, including fees; term limited to 30 years (no exclusive monopolies). GS 153A-136, 160A-319.
• Displacing existing waste collection franchisees requires special procedures, possibly compensation. GS 160A-327