§ 4. Grant of Exclusive Franchise.

A.

The City Council finds that, to achieve the purposes of Section 2. of this Ordinance, including, without limitation, the Opportunity to Recycle, it is necessary to continue, extend and expand an integrated solid waste management franchise. Upon the basis of adequate public service and previous providing of solid waste management service, together with the enhanced solid waste management service that has been agreed to by the franchisee and approved by the City, which may be amended from time to time upon the mutual agreement of the franchisee and the City in accordance with Section 30. of this Ordinance, the franchise is recognized, continued, extended and expanded.

B.

Pursuant to ORS 459A.085(11), the City Council further finds that, to improve the efficiency of the collection of recyclable materials, to provide adequate volume to insure the economic feasibility of recycling more materials by more participants in the solid waste management system, to take advantage of actual and potential joint notice, promotion and education efforts on recycling, and to improve the creation, maintenance and availability of markets, and stability of markets for recyclable material, the franchisee may, to the extent feasible, cooperate with others engaged in providing all or a part of the Opportunity to Recycle in adjacent or other areas.

C.

Based on these findings and on the policies set forth in this Ordinance, the City Council does hereby grant a franchise to Brandt Sanitary Service, Inc. The franchise shall be deemed to be an exclusive franchise under this Ordinance, except as otherwise expressly provided herein. The rights and privileges of the franchisee to provide solid waste management service within the city limits shall include areas hereafter annexed to the city and, for the purpose of the franchise, the right to use the streets and alleys of the city to the extent necessary to enjoy the beneficial use of the franchise.

(Ord. No. 1475, § 4, 5-12-2009)