Resolution - 2025 - 25-24 - Addendum No. 3 To Hardin Francise Agreement - 10/14/2025CITY OF EAGLE
RESOLUTION 25-24
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, APPROVING AND
AUTHORIZING THE EXECUTION OF ADDENDUM NO. 3 TO THE EXCLUSIVE
FRANCHISE AGREEMENT BETWEEN THE CITY OF EAGLE, IDAHO AND HARDIN
SANITATION, AUTHORIZING THE MAYOR TO SIGN; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Eagle City Council is authorized and empowered to enter into
contracts;
WHEREAS, the state legislature passed Senate Bill 1073 which disallows exclusivity of
solid waste services for the provision of temporary project specific services; and
WHEREAS, the City and the Provider wish to amend the franchise agreement address
this change;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho, as follows:
Section 1: That the City of Eagle hereby approves Addendum III to the Exclusive
Franchise Agreement between the City of Eagle and Hardin Sanitation, a copy of which is
attached as Exhibit A incorporated by reference herein;
Section 2: That the City of Eagle, a political subdivision of the State of Idaho, as agreed
to by the City Council, authorizes and directs the Mayor to execute Addendum III as identified in
Exhibit A.
Section 3: That this Resolution shall be effective as of the date of its adoption.
ADOPTED by the Eagle City Council, Eagle Idaho, on this I q day of October, 2025.
APPROVED:
BRAD PIKE
MAYOR
ATTEST:
TRA(CY E. OSBORN,
CITY CLERK
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ADDENDUM III
EXCLUSIVE FRANCHISE AGREEMENT
FOR THE COLLECTION, HAULING AND DISPOSAL OF
MUNICIPAL SOLID WASTE AND CONSTRUCTION AND DEMOLITION WASTE
IN THE CITY OF EAGLE, IDAHO
Adopted Resolution 25-24
Insert adoption date
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THIRD ADDENDUM TO EXCLUSIVE FRANCHISE AGREEMENT
FOR THE COLLECTION, HAULING AND DISPOSAL OF
MUNICIPAL SOLID WASTE AND CONSTRUCTION AND DEMOLITION WASTE
IN THE CITY OF EAGLE, IDAHO
THIS THIRD ADDENDUM TO THE EXCLUSIVE FRANCHISE AGREEMENT ("Third
Addendum") is made between the CITY OF EAGLE IDAHO, a municipal corporation of the State
of Idaho, ("City") and HARDIN SANITATION (the "Service Provider")
WHEREAS, the exclusive franchise agreement was entered into on August 9, 2022,
effective January 1, 2023; and
WHEREAS, the first addendum was approved on March 14, 2023; and
WHEREAS, the first addendum was approved on April 22, 2025
WHEREAS, the City and the Service Provide further desire to modify the agreement the
agreement in order to accurately reflect exclusivity changes necessitated by the passage of Senate
Bill 1073;
NOW THEREFORE, the parties, in consideration of the promises contained herein, agree as
follows:
Section 1: Amending the franchise agreement, as follows with added text indicated with
underline and text to be removed indicated with strike thru.
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EXCLUSIVE FRANCHISE AGREEMENT
FOR THE COLLECTION, HAULING AND DISPOSAL OF
MUNICIPAL SOLID WASTE AND CONSTRUCTION AND DEMOLITION WASTE
IN THE CITY OF EAGLE, IDAHO
THIS EXCLUSIVE FRANCHISE AGREEMENT (this "Agreement") is made and entered
into as of August 9, 2022, by and between Hardin Sanitation (the "Service Provider"), and the
City of Eagle, Idaho (the "City").
WHEREAS, the City, subject to the terms and conditions set forth herein and the
ordinances and regulations of the City, desires to grant to the Service Provider the exclusive
franchise, license and privilege to collect, haul and dispose of Municipal Solid Waste and
Construction and Demolition Waste (as such terms are defined herein) within the City's corporate
limits.
NOW, THEREFORE, in consideration of the premises and the mutual promises, covenants
and agreements set forth herein, the Service Provider and the City hereby agree as follows:
SECTION 1. DEFINED TERMS.
Temporary Project -Specific: Temporary project -specific activity is defined as an activity lastin;,,
occurring at a property for ninetL(90) consecutive days or less in duration, and limited once per
calendar year. The temporary project -specific activity generates solid waste and that necessitates
a container of ten (10) to fort) cubit yards in size, for collection and removal of such waste
or materials.
SECTION 2. EXCLUSIVE FRANCHISE GRANT & EXCEPTIONS:
A. The City hereby grants to the Service Provider, in accordance with the City's ordinances and
regulations governing the collection, hauling and disposal of Municipal Solid Waste, Recyclable
Materials and Construction and Demolition Waste, the exclusive franchise, license and privilege
to collect, haul and dispose of Municipal Solid Waste, Recyclable Materials and Construction and
Demolition Waste over, upon, along, and across the City's present and future streets, alleys,
bridges and public properties. In order to maintain the exclusive franchise in favor of the Service
Provider contained herein, the City may take any appropriate action against any company,
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Customer or third party infringing upon the exclusive rights of the Service Provider. In addition
(and regardless of the City's actions), the Service Provider may independently enforce the
exclusivity provisions of this Agreement against third -party violators, including, but not limited
to, seeking injunctive relief, and the City shall reasonably cooperate in such enforcement actions
brought by the Service Provider. Nothing in this Section 2 shall be construed to prevent a Customer
from removing garbage or rubbish from Customer's own premises at any time provided such
removal does not create a public nuisance.
B. EXCEPTION TO EXCLUSIVITY RIGHTS:
1) Self -Haul Residential: The owner or occupant of a residence where solid waste is
generated may collect, convey and dispose of such solid waste without a franchise or license.
2. Fund Raising: A civic, community, benevolent, or charitable nonprofit organization may
collect, convey, and/or market recyclable materials for recycling, for the purpose of raising funds
for that organization without a franchise, license, or contract with the city.
3. Self -Haul Construction or Landscaper: A construction contractor or landscaper who
produces incidental volumes of solid waste in the course of construction, demolition, or
landscaping may collect, convey, and dispose of such solid waste from the premises upon which
it was generated without a franchise, license, or contract witli the city,
4. Temporary Project Specific Haulers: Residents may hire any hauler to provide temporary
project -specific services. Temporary project -specific is defined as an activitylg occurring at
a property for ninety (90) consecutive days or less in duration and limited once per calendar year.
The temporary project -specific activity generates solid waste and that necessitates a container of
ten (10) to forty (40) cubit yards in size, for collection and removal of such waste or materials.
Temporary Project Specific fees are excluded from this franchise agreement.
Section 2: Continuing effect: Except as otherwise allowed, all terms and provisions of the
original agreement, shall remain in full force and effect, unless specific action of the Council has
been undertaken.
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IN WITNESS WHEREOF, the parties have executed this Addendum as of the date set forth
below.
DATED this day of October, 2025.
SERVICE PROVIDER:
HARDIN SANITATATION, INC.
By:
Its:
Name:
CITY:
EAGLE, IDAHO
LIM
Brad Pike, Mayor
ATTEST:
in
Tracy E. Osborn, City Clerk
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