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A. No person shall do business in the collection and transport of solid waste generated within the City without a current, valid City franchise.

B. A franchise to provide collection service for solid waste, recyclable and compostable materials in a service area of the City shall be granted only after a determination of need for the service.

C. The determination of need is the responsibility of the city council, which will seek the best balance of the following objectives:

1. To ensure safe, efficient, economical and comprehensive solid waste service;

2. To avoid duplication of service that will cause inefficiency, excessive use of fuel, increased traffic, and greater wear on streets;

3. To provide service in areas of marginal return;

4. To promote and encourage recycling and resource recovery;

5. To improve the likelihood of the franchise holder making a reasonable profit, thereby encouraging investment in modern equipment;

6. To cooperate with other governmental bodies by recognizing their service arrangements; and

7. To otherwise provide for the service in a manner appropriate to the public interest.

D. In granting a franchise renewal or a new franchise due to an annexation, termination, or revocation of a franchise, the council shall, in addition to the above, consider the following factors in selecting a new or replacement franchisee:

1. The candidate’s prior service record in the same or a related industry, and its professional relationships with other corporate entities and local, regional and/or state jurisdictions;

2. The candidate’s financial ability to perform the obligations of a franchise holder;

3. The candidate’s equipment and personnel available to meet current and future needs of a franchise holder;

4. The candidate’s ability to provide all services to customers within the geographic boundaries of the designated franchise area, including every residential, multifamily and commercial customer;

5. The candidate’s exercise of the burden of proof, demonstrating a proposed franchise area is being or has been underserved by the existing or previous franchise holder; and

6. The candidate’s good moral character as is relevant to a franchised provider’s customer relations, namely any unpaid judgments against the applicant (whether doing business under the same or another name) and any judgments for civil fraud or for a crime of dishonesty.

E. Franchises granted by the City shall be nonexclusive.

1. However, it is understood that during the term of franchises granted under this chapter, the City shall not grant any other person a franchise for solid waste management, unless there is a showing by the applicant of the need for such additional service in the proposed service area.

2. As to such application(s), the council may consider whether a current franchisee is capable of providing the additional service.

F. In evaluating whether a need exists for additional service, the city council may consider, among any other criteria it deems relevant, the following items:

1. An increase in the population of the City;

2. An extension of the boundaries of the City;

3. Intensive residential, commercial or industrial development within the boundaries of the City;

4. Changes in solid waste technology and/or recycling collection technology that could substantially improve collection service or reduce collection costs to residents of the City;

5. The effect that an additional franchise would have on each existing franchisee’s ability to meet the City’s service standards and maintain a fair return on its investment;

6. The number of existing collection franchisees or drop box service franchisees, as applicable, providing service in the area of the City in which the applicant wishes to provide service; and

7. Changes in federal or state laws, rules or regulations that substantially affect solid waste or recycling collection requirements.

G. A franchise is not required of the following:

1. Any person self-hauling solid waste, recyclables or compostable materials. A generator may self-haul the generator’s own material, and a generator’s contractor may haul materials that are generated as a direct result of the service provider’s activity. For example, landscapers, roofers, and remodelers may self-haul materials, but may not contract with third parties other than franchisees for collection and transport.

2. Any person that collects, handles, processes, transports or markets source separated recyclable material where (a) the generator is being paid for the recyclable material, or (b) the net cost to the generator for having the recyclable material removed is zero ($0) for all activities related to each transaction, including but not limited to collection, handling, processing, transporting, marketing, storing and rental of container.

3. Any person that collects, stores, transports, or disposes of waste or solid waste resulting from a disaster event pursuant to a contract with any Federal, State or local agency that was entered into during a state of emergency declared pursuant to BC 2.01.040. [BC 4.08.100, added by Ordinance No. 4203, 5/6/02; amended by Ordinances No. 4613, 4/2/13, Ordinance No. 4745, 10/17/18]