(A) There is hereby created a franchise granting the right, privilege, and franchise for furnishing, and to furnish, to the city and to its citizens, residents, businesses, and industries, collection and disposal services for solid waste within the city, and such franchisee shall be granted the right to go upon or under the streets, alleys, or other public ways or places of the city to effect its franchise herein.
(B) (1) This franchise, granted herein by the city, shall only be exclusive for the services specified herein, and only to the extent permitted by applicable state and federal law; and the franchisee accepts the risk, if any, that the city may lack the authority to grant an exclusive franchise.
(2) Any franchise granted hereunder may be extended to newly annexed territory upon the same terms and conditions herein, subject to approval of the state regulatory authorities, if applicable.
(C) The franchisee shall execute a franchise contract with the city incorporating the terms of this subchapter, the request for proposals for residential and commercial waste collection and disposal, and any bid form and proposal submitted to the city by the franchisee (i.e., the “contract”).
(D) The franchise shall hereby not be transferred, assigned, nor delegated without the written consent of the city.
(Ord. -2000, passed 2-21-2000)