(A) Establishment.
(1) Application for franchise. Application for a franchise shall be in a format approved by City Council resolution and shall contain relevant information required by state law and this subchapter.
(2) Award of franchise. Award of a franchise shall be by City Council resolution. AWARD OF FRANCHISE is an offer to contract, subject to conditions subsequent of the franchisee’s acceptance and execution of an agreement. If the franchisee does not accept the city’s offer within 14 days of that offer, then the city may withdraw its offer at any time. A franchise is not perfect and binding on the city until an agreement detailing the terms and conditions of the franchise is executed by the city and the franchisee.
(B) Franchise area defined. The FRANCHISE AREA shall be the area within the city limits as they now exist or hereafter exist through annexations to the city, subject to O.R.S. 459.085.
(C) Route selection. The City Council may designate the streets and roads to be used by the franchisee in providing service and may reroute where traffic conditions, the public convenience or public welfare so require.
(D) Franchise fee. The franchisee shall pay quarterly to the city 4% of the franchisee’s gross quarterly revenue received on an annual basis during the period beginning July 1, 2008 and ending June 30, 2010. Beginning July 1, 2010, the percentage will be 5% of the franchisee’s gross quarterly revenue received on an annual basis and this percentage will be in effect until June 30, 2018. Payment of franchise fees shall be made to the city on or before the fifteenth day of the month following the preceding quarter. Quarter-year periods shall be July 1 through September 30, October 1 through December 31, January 1 through March 31 and April 1 through June 30; all dates are inclusive. This fee is subject to an annual review by the City Council. In addition, the franchisee shall supply and service without additional charge to City Hall one commercial collection receptacle not exceeding customary size or weight limits unless otherwise agreed in any franchise agreement.
(Prior Code, § 50.04) (Ord. 1155, passed 6-1-1998; Ord. 1165, passed 4-2-2001; Ord. 1232, passed 5-5-2008) Penalty, see § 50.99