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(1) The franchisee shall:

(a) Dispose of solid waste and waste collected at a disposal site, waste-to-energy facility or transfer site or facility approved by the Department of Environmental Quality, or resource recover the solid waste and waste, both in compliance with ORS Chapters 459 and 459A, and regulations promulgated thereunder.

(b) Provide the opportunity to recycle in accordance with ORS Chapter 459A, together with the regulations promulgated thereunder.

(c) Provide and keep in force public liability insurance in an amount that is not less than the minimum requirements of the Oregon Tort Claims Act in ORS 30.270, which shall be evidenced by a certificate of insurance filed with the City Recorder.

(d) Provide sufficient collection vehicles, containers, facilities, personnel and finances to provide all types of necessary service, or subcontract with others to provide certain types of specialized service in accordance with this chapter.

(e) Respond to any written complaint on service.

(2) The franchisee shall not:

(a) Give any rate preference to any person, locality or type of solid waste service. This subsection shall not prohibit uniform classes of rates based upon length of haul, time of haul, type or quantity of solid waste handled and location of customers, so long as such rates are reasonably based upon costs of the particular service and are approved by the Council in the same manner as other rates, nor shall it prevent franchisee from volunteering service at reduced cost for a charitable, community, civic or benevolent purpose.

(b) Transfer this franchise or any portion thereof to other persons without the prior written consent of the City Council, which consent shall not be unreasonably withheld. The City Council shall approve the transfer if the transferee meets all applicable requirements met by the original franchise holder. A pledge of this franchise shall be considered as a transfer for the purposes of this subsection. (Ord. 98 § 10, passed 8-9-2005)