Ordinance 14-012 terminates Sunshine Franchise CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 14-012
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, TERMINATING THE SEVEN YEAR NON-EXCLUSIVE SOLID
WASTE COLLECTION FRANCHISE GRANTED TO SUNSHINE DISPOSAL, INC.,
GRANTED PURSUANT TO ORDINANCE 07-022, AS AMENDED BY ORDINANCE
08-003,AND OTHER MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley incorporated March 31, 2003, at which time Sunshine
Disposal, Inc., (hereafter referred to as "Sunshine") was providing garbage, refuse, and recycling
collection services in the geographic area comprising the new City; and
WHEREAS, RCW 35A.03.005 and RCW 35.02.160 provide that when a new city incorporates, a
company providing solid waste and refuse collection services within the new city shall be allowed to
continue providing said services for at least seven years following the exercise of certain steps to
terminate the company's statutory rights; and
WHEREAS, on November 7, 2007, the City Council approved Ordinance 07-022 terminating
Sunshine's statutory rights to provide solid waste collection services and granting a seven-year non-
exclusive franchise to Sunshine to provide commercial and residential solid waste collection service
within Spokane Valley. The City Council also gave approval to give notice of termination through the
Washington Utilities and Transportation Commission; and
WHEREAS, on March 25, 2008, the City Council adopted Ordinance 08-003, amending
Ordinance 07-022 and setting the effective date of the franchise granted to Sunshine as March 10, 2008;
and
WHEREAS, the City has negotiated a solid waste collection contract and will enter into such
contract with Sunshine concurrently with termination of the franchise granted pursuant to Ordinance 07-
022, as amended by Ordinance No. 08-003, for Sunshine to continue providing commercial and
residential solid waste collection services until March 31, 2018 in order to fully compensate Sunshine for
all remaining measurable damages under RCW 35A.03.005 and RCW 35.02.160 and appellate decisions
interpreting those statutory provisions; and
WHEREAS, the City Council hereby finds that termination of the franchise concurrently with the
effective date of the new contract is appropriate.
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Termination of Franchise. The City Council hereby terminates the non-exclusive
franchise the City granted to Sunshine pursuant to Ordinance 07-022, as amended by Ordinance 08-003,
as of the effective date of this Ordinance. This termination is appropriate as the City and Sunshine have
agreed to enter into a contract for Sunshine to continue providing commercial and residential solid waste
collection services until March 31, 2018 in order to fully compensate Sunshine for all measurable
damages under RCW 35A.03.005 and RCW 35.02.160, and appellate decisions interpreting those
statutory provisions.
Ordinance 14-012 Page 1 of 2
The City Manager, or designee, is hereby authorized and directed to provide any and all required
notices to the Washington Utilities and Transportation Commission in conjunction with the termination of
the franchise.
Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,
or phrase of this Ordinance.
Section 3. Effective Date. This Ordinance shall be in full force and effect November 17,
2014, which, as provided by law, is at least five days after publication of this Ordinance or a summary
thereof in the official newspaper of the City of Spokane Valley.
Passed by the City Council this 4th day of November,2014.
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Dean Grafos,M or
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City Clerk, Christine Bainbridge -
Approved as to Form:
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Date of Publication: November 7,2014
Effective Date: November 17,2014
Ordinance 14-012 Page 2 of 2