Upon compliance with all conditions precedent with this subchapter and state law, franchise(s) granted under this subchapter shall be exclusive, unless otherwise expressed.
(A) City findings. The city shall comply with O.R.S. 459A.085 when awarding franchises under this subchapter. Compliance with the statutes shall be determined relative to the permissive and mandatory language therein.
(B) Terms and conditions.
(1) Franchise term. Nothing in this section shall interfere with the rights of the city and City Council under this subchapter in the event the franchisee breaches, defaults or otherwise fails to perform any obligations of the franchise or franchise agreement.
(2) Opportunity to recycle required. O.R.S. 459A.085(6)(a) applies to any franchise under this subchapter.
(3) Franchise term and renewals. The term for any franchise agreement may be up to ten consecutive years. Unless grounds exist for refusal to renew a franchise under this subchapter, any franchise may be renewable.
(4) Third-party responsibility. The city is not a party to the contract between franchisee and any person receiving collection services. The city, by this subchapter, expressly disclaims any suretyship or any other type of payment guarantee for persons receiving collection services under this subchapter. The franchisee solely determines rates and fees for services provided by the franchisee that are not regulated by this subchapter. Services not regulated by this subchapter are not subject to the franchise fee.
(Prior Code, § 50.09) (Ord. 1155, passed 6-1-1998)