The term of any nonexclusive franchise granted under the provisions of this chapter
shall be for the duration specified by the city council in its discretion, but in
no event shall a nonexclusive franchise be granted for a period longer than 20 years.
A grant of franchise may provide for specific renewal terms, but the nonexclusive
franchise agreement shall state that the franchisee has no vested or contract right
in any such renewal term. As to any such renewal term, the city manager: (a) shall
grant the renewal on a finding that the franchisee is in compliance with the ordinance,
the nonexclusive franchise agreement, and all federal, state or local laws and regulations
applicable to the operation of the nonexclusive franchise and that the public interest
is served by a renewal, or (b) may decline to grant any renewal term based on a finding
that the franchisee is not in compliance with the ordinance, or with the nonexclusive
franchise agreement, or with any federal, state or local law or regulation applicable
to the operation of the nonexclusive franchise. Such findings of non-compliance include,
but are not limited to failing to meet recycling requirements, failing to meet vehicle
emissions standards, failing to maintain proper levels of insurance, or failing to
make timely reports or payments, or (c) may grant any renewal term conditionally based
upon conditions designed to secure compliance with this ordinance or (d) may decline
to grant any renewal term where the public interest is not served by a renewal because
of a change in circumstances or policy related to solid waste collection or the nonexclusive
franchise system. There shall be no other renewals of a nonexclusive franchise, but
any person, including any person whose franchise is not renewed, may submit a new
application for a new nonexclusive franchise in accordance with this chapter to the
extent that the city council has indicated applications may be made.
