§ 8.61.130. Termination of nonexclusive franchise by the city council.

A.

The city council shall have the right to terminate any nonexclusive franchise pursuant to this section.

B.

A notice of intent to terminate a nonexclusive franchise shall be personally delivered or mailed, at the discretion of the director, to the franchisee at the franchisee's address of record, shall state grounds for termination and shall give the franchisee notice of the time, date and place of a hearing before the city council thereon, which shall be convened no more than 60 days after the date of notice, subject to continuance with the consent of the parties. The notice shall advise the franchisee that it may be represented by counsel and may contain any other information deemed proper.

C.

The hearing shall be conducted and closed, and decision rendered thereon within 60 days after the date of the hearing.

D.

The city council shall have the right to terminate or suspend any nonexclusive franchise agreement granted pursuant to this chapter if the city council finds, after a public hearing, that:

1.

The franchisee has failed to comply with, or to do anything required of the franchisee by this chapter, or that franchisee has violated any provision of the ordinance granting the nonexclusive franchise, including, but without limitation, failure to timely pay franchise fees, continued failure to timely submit tonnage reports, or continued failure or inability to meet a minimum 75% for construction and demolition debris or 65% for solid waste or has violated any provision of the nonexclusive franchise agreement or any federal, state or local law or regulation applicable to the operation of the nonexclusive franchise;

2.

If any provision of this chapter or of the franchise agreement is repealed or becomes or is declared to be invalid, and the city council expressly finds that such provision constitutes a material consideration to the grant or continuation of such nonexclusive franchise.

E.

The city council may suspend or terminate a nonexclusive franchise. The decision to suspend or terminate shall contain findings of fact, a determination of the issues presented and shall be final and conclusive. Any suspension of a nonexclusive franchise shall specify conditions upon which the nonexclusive franchise may be reinstated or terminated.

(Ord. 6916 §§ 2 (part), 18, 2002; Ord. 6510 § 2 (part), 1992)

(Ord. No. 7154, § 15, 11-24-2008)