A. City Council Authority: The city council may grant an exclusive franchise or nonexclusive franchise to qualified individuals or firms for the collection and disposal of solid waste. Such franchise or franchises will only be granted to persons or firms determined by the council, in its sole discretion, to be able to provide the service in accordance with the council's goals and policies, and in compliance with the provisions of this code. The council reserves the right to attach any additional conditions or performance standards it deems necessary to any franchise agreement.
B. Rates And Fees Determined By Council Resolution: The city shall determine all rates and fees charged for solid waste collection by resolution adopted by the council. In determining rates, the council shall give due consideration to current and projected revenues and expenses, actual and overhead expenses, the cost of acquiring and replacing equipment, the services of owner and management, the cost of providing for future, added, or different services, a reasonable operating margin for doing business, research and development, and such other factors as the council may deem relevant.
C. Exclusions From Franchise Requirements: Nothing in this chapter requires a franchise from the following persons for the following businesses or practices:
1. The collection, transportation and reuse of repairable or cleanable discards by a private charitable organization regularly engaged in such business or activity, including, without limitation, the Salvation Army, St. Vincent De Paul, Turning Point, Community Action Team, Inc., and similar organizations.
2. The collection, transportation and reuse or recycling of totally source separated materials or operation of a collection center for totally source separated materials by a religious, charitable, benevolent, civic, or fraternal organization, which was not organized for any solid waste management purpose, and which organization is using the activity for fund raising including, without limitation, scouts, churches, Kiwanis, VFW, fraternal organizations, and the chamber of commerce.
3. The collection, transportation or redemption of returnable beverage containers under Oregon Revised Statutes 459A and that portion thereof commonly known as the "Bottle Bill".
4. Persons who transport and dispose of waste created as an incidental part of regularly carrying on such businesses or services as auto wrecking, demolition, land clearing or construction, janitorial service, gardening, park maintenance, landscaping service, auto body recovery, and septic tank pumping or sludge collection. This exemption does not include the collection, transportation or disposal of accumulated or stored solid waste generated or produced by customers of such businesses or services.
5. The transportation, in a lawful manner by persons, of solid waste, waste or recyclable material generated or produced by such person to a disposal site, resource recovery site or market, with said transportation being either for the purpose of sale or disposal. In the case of nonowner occupied property, such material must be generated or produced and owned by the tenant or occupant, and not by the landlord, property owner, cooperative or association of property owners, or the agent of such landlord, property owner, cooperative, or association. The intent of this provision is that landlords, property owners, and associations shall not collect, transport, or dispose of their tenants' solid waste.
6. The purchase of totally source separated solid waste for fair market value.
7. The providing of service for hazardous wastes.
8. Any other practice, business, or activity which is determined by the council, after public hearing thereon, and upon adoption of a resolution finding that such practice, business, or activity has no substantial impact on service, consumer rates or the intent of this chapter.
D. Soliciting Customers For Service Prohibited: Unless exempted by this chapter, no person who is not presently providing service as of the effective date hereof shall solicit customers for solid waste collection service, advertise for providing solid waste collection service, or provide such service for compensation within the city. For purposes of this provision, "compensation" shall be defined as: 1) any type of consideration paid for service including, but not limited to, rent, the proceeds from resource recovery, any direct or indirect provision for the payment of money, goods, services or benefits by tenants, lessees, occupants, members or similarly situated persons; 2) the exchange of service between persons; or 3) the flow of consideration from a person possessing or generating solid waste to another person who provides services or from a person providing services to another person owning, possessing, or generating solid waste. (1996 Code § 13.50.030)