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17.102.160 Forfeiture and Replacement.

(Amended by Ordinance Nos. 182671 and 189891, effective April 17, 2020.)

A.  In the event that the Director finds grounds for declaring a forfeiture, according to the terms of the franchise awarded by Ordinance No. 181666 and as amended by subsequent ordinances, the Director shall make a recommendation for Council action on the matter, following procedures specified in the BPS's adopted rules.

B.  In preparing for the transfer of a forfeited franchise, the Director shall solicit applications following a public notification. The Director shall identify criteria to evaluate applicants’ qualifications to assume the franchise responsibilities, such as related experience; technical, financial, and operational capability; equity and diversity; sustainability; resiliency; and efficiency. The Director may conduct an appraisal of the value of the forfeited franchise and give the selected applicant the opportunity to purchase the franchise from the City within a specified time period.

C.  In cases where a franchisee abruptly ceases to provide collection service, and there is insufficient time to conduct an appraisal and permanently transfer a franchise, the Director may recommend that the Council appoint a temporary service provider.  If the Council makes such an appointment, it may also guarantee a minimum level of revenue to that company, in order to encourage companies who would not otherwise be willing to assume this responsibility on a short-term basis.  Such minimum level of revenue would be achieved by the City’s supplementing revenues received by the temporary service provider from its temporary customers.