4.205 Franchise Application.
(1) A person seeking a new franchise required by §4.200 or to amend an existing franchise shall apply in writing to the City Council. The application shall show the need for the proposed service and the applicant’s ability to provide adequate service. The Council shall hold a public hearing on the application after publishing a notice thereof in a newspaper of general circulation in the City at least 3 days prior to the hearing and mailing notice thereof to all existing solid waste franchise holders at least 10 days prior to the hearing.
(2) After the hearing, the Council shall grant the franchise to allow the proposed service if it finds from the record and the evidence submitted at the hearing that:
(a) The applicant is fit, willing and able to properly perform the service proposed;
(b) The level of service is at least equal to that being provided by any existing franchise holder;
(c) The service proposed, to the extent authorized, is required by the public convenience and necessity; and
(d) The rates and charges proposed by the applicant are just and reasonable and adequate to provide necessary collection service.
(3) Upon approval of the franchise, the City and the applicant shall enter into a franchise agreement setting forth the terms and conditions of the franchise. The agreement shall provide for compliance with the requirements of Chapter 459, Oregon Revised Statutes. The agreement shall provide a public hearing and council approval of any changes in the services provided or rates charged before the changes go into effect. Procedures for approving changes in rates or services shall be as set forth in subsections (1) and (2) above. Provided, however, that a franchise agreement may allow a rate adjustment based on a consumer price index published by the Bureau of Labor Statistics without a hearing or Council approval.
(4) No solid waste franchise may be assigned, subcontracted or otherwise transferred without the prior approval of the City Council. The application and hearing procedure shall be as set forth in subsection (1) above. The application for assignment or other transfer shall be approved if the council finds that it is in the public interest.
(5) No exclusive franchises shall be granted under this section. No franchise shall have a term of more than ten years.
(6) The effective date of this section is July 1, 1986. Solid waste franchises in existence on the effective date shall remain in effect until they expire or are otherwise terminated. Modifications or transfers of existing franchises shall be processed in accordance with this section. No new solid waste franchise shall be granted after the effective date except in compliance with this section.