8.08.057 Solid Waste Franchises:
A. Persons holding a state Certificate of Public Convenience and Necessity within any areas annexed by the City and entitled to an exclusive municipal franchise following annexation under RCW 35A.14 are hereby granted an exclusive franchise as provided by law for a period of ten (10) years commencing at the effective date of annexation.
1. The City may present a separate franchise document or contract for approval by any affected party, but failure of said party to sign or accept the same shall not delay the operation of this section, or the City may deem said failure to be a surrender or abandonment of all rights.
2. The terms of this section shall form the basis for any franchise or contract for the collection, removal, and disposal of garbage, rubbish, refuse, solid waste, or waste material.
B. Any party collecting garbage, rubbish, refuse, solid waste, or waste material in the City of Moses Lake pursuant to this section shall be subject to the following further conditions:
1. The franchise shall not exceed the scope of permission as to kind of service, territory, or any other permission relating to the collection, removal, and disposal of garbage rubbish, refuse, solid waste, or waste material granted by any state Certificate of Public Convenience and Necessity that has been cancelled by operation of the laws in effect prior to the time of annexation.
2. Rates shall be fair and reasonable. Compliance with the State of Washington Utilities and Transportation Commission (WUTC) approved rates for similar services shall be presumed fair and reasonable, but rates in excess of such rates shall be presumed to be not fair and reasonable. All rates are subject to review and approval by the City’s Finance Director, guided by standards applicable to WUTC certified haulers.
3. Service levels shall be adequate and sufficient to satisfy all customer needs. Service levels must be at least to the level currently provided within the City of Moses Lake. Such levels of service shall be presumed adequate and sufficient. Service not at such levels shall be presumed insufficient. All services are subject to review and approval by the City’s Finance Director who shall consider WUTC policies and practices.
4. The hauler shall be solely and separately responsible for all activities and shall never represent that it is an employer or agent of the City of Moses Lake.
a. The hauler must indemnify and hold the City harmless, its officers, agents, and employees from all loss or liability for the service provider’s action in connection with the enjoyment of service privileges.
b. The party shall be required to furnish evidence of insurance including naming the City of Moses Lake as an additional insured on insurance levels the City may reasonably require. An endorsement to the insurance policy shall also be required showing that the City has been named as an additional insured. (Ord. 2702, 2/11/14)