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AGO Opinions with Topic: SERVICE RATE
AGO 1962 No. 185 >  December 19, 1962
CITIES AND TOWNS - SECOND, THIRD AND FOURTH CLASS CITIES - GARBAGE - NONEXCLUSIVE FRANCHISE - AUTHORITY TO ISSUE LICENSE - DURATION - SERVICE RATE
CITIES AND TOWNS ‑- SECOND, THIRD AND FOURTH CLASS CITIES ‑- GARBAGE ‑- NONEXCLUSIVE FRANCHISE ‑- AUTHORITY TO ISSUE LICENSE ‑- DURATION ‑- SERVICE RATE (1) Cities of the second, third and fourth class may issue a license which grants to the recipient the nonexclusive right to collect and dispose of garbage within a municipality.(2) There is no requirement under state law that a license be issued on an annual basis, but no licensing system can be established which would in any way restrict the future discretion of the city council in the exercise of its police power to protect the public health.(3) The city may establish the rate which a garbage collector may charge a customer.(4) The city council may establish the annual license fee at either a fixed sum or a percentage of the gross receipts of the licensee provided the amount fixed is reasonable under the circumstances.
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