13.25.060 Renewal of franchises.
A. In granting a franchise renewal, the council may, in addition to the above, consider the following:
1. Volumes of solid waste collection and disposal;
2. Volumes of recyclable materials and rate of participation in recycling;
3. Customer satisfaction, including but not limited to customer complaints;
4. Analysis of solid waste collection and recycling programs in other cities as compared to those of the city, including but not limited to program costs, funding mechanisms and overall rates of participation in recycling;
5. Franchisee performance of its obligations under the franchise, including a franchisee’s technical and financial capabilities;
6. Franchisee ability to provide evidence of required insurance; and
7. Franchisee responsiveness to customer or city complaints.
B. Franchises granted by the city shall be nonexclusive; 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 services unless there is a showing by the applicant of the need for such additional service in the proposed service area. As to such application(s) the existing franchisee shall have first right of refusal to provide such services.
C. In evaluating whether a need exists for additional service, the city council may consider, among any other criteria deemed relevant by the city council, 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. Changes in federal or state laws, rules or regulations that substantially affect solid waste or recycling collection requirements; and
7. The existing franchisee cannot or will not perform or subcontract the proposed service.
D. This chapter does not prohibit any person from self-hauling solid waste and/or recyclables. A generator may self-haul his or her own material, and a generator’s contractor may haul materials that are generated as a direct result of the contractor’s activity. For example, landscapers, roofers, and remodelers may self-haul materials, but may not contract with third parties other than franchisee for collection and transport. [Ord. 872 § 5.2, 2014.]