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A. A franchise to provide collection service for solid waste, recyclables and compostable materials in a portion of the City shall be granted for a period of 10 years.

B. At least every three years, the city manager shall report to the council a comprehensive review of the rates, customer service, franchise performance based on criteria described in BC 4.08.100, and overall state of the franchise system to determine if the system is achieving waste reduction, increased recycling, cost effective collection services and providing a high level of service to residents and businesses.

1. The council may extend the franchise term by up to three years, thereby returning the remainder of the franchise term to 10 years.

2. The council has the authority to not extend a franchise for any reason. If the council decides not to extend a franchise, it shall, prior to the expiration of the franchise, consider applications for a franchise to serve the affected area from any interested person and award a franchise for that area based on a determination of which applicant best meets the criteria stated in BC 4.08.100.

3. At the time of issuance of an extension of a franchise, the City may impose or modify conditions subject to the notification and hearing process set forth in BC 4.08.120.

4. Prior to the issuance, extension, or review of a franchise, the council shall provide notice and opportunity for public comment as provided by BC 4.08.120.

5. If the council determines not to extend a franchise term, then the franchisee shall continue to provide service during the years that are remaining in its franchise term. At all times the franchisee remains subject to the BC.

C. Nothing in this section restricts the council from suspending, modifying or revoking the franchise for cause pursuant to BC 4.08.430.

1. A franchisee who desires to terminate its rights and obligations under a franchise shall give not less than 90 days’ notice of its intent.

2. Upon receipt of such notice, the council shall initiate proceedings to consider applications by any other person for a franchise to serve the same area. [BC 4.08.110, added by Ordinance No. 4203, 5/6/02; amended by Ordinances No. 4613, 4/2/13, Ordinance No. 4794, 12/1/20]