Ordinance 14-013 terminates Waste Management Franchise CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 14-013
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, TERMINATING THE SEVEN YEAR NON-EXCLUSIVE SOLID
WASTE COLLECTION FRANCHISE GRANTED TO WASTE MANAGEMENT OF
WASHINGTON, INC., DIB/A WASTE MANAGEMENT OF SPOKANE, GRANTED
PURSUANT TO ORDINANCE 07-023, AS AMENDED BY ORDINANCE 08-004, AND
OTHER MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley incorporated March 31, 2003, at which time Waste
Management of Washington, Inc., d/b/a Waste Management of Spokane (hereafter"Waste Management")
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 07-023 terminating
Waste Management's statutory rights to provide solid waste collection services and granting a seven-year
non-exclusive franchise to Waste Management 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 08-004, amending
Ordinance 07-023 and setting the effective date of the franchise granted to Waste Management as March
10, 2008; and
WHEREAS, the City has negotiated a solid waste collection contract and will enter into such
contract with Waste Management concurrently with termination of the franchise granted pursuant to
Ordinance 07-023, as amended by Ordinance 08-004, for Waste Management to continue providing
commercial and residential solid waste collection services until March 31, 2018 in order to fully
compensate Waste Management 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 Waste Management pursuant to Ordinance 07-023, as amended by
Ordinance 08-004 as of the effective date of this Ordinance. This termination is appropriate as the City
and Waste Management have agreed to enter into a contract for Waste Management to continue providing
commercial and residential solid waste collection services until March 31, 2018 in order to fully
compensate Waste Management for all measurable damages under RCW 35A.03.005 and RCW
35.02.160, and appellate decisions interpreting those statutory provisions.
Ordinance 14-013 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 4t1 day of November, 2014.
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Dean` r f s, M,yo
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(—City Clerk, Christine Bainbridge d __
Approved as to Form:
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Offic f the City ttorney
Date of Publication: November 7, 2014
Effective Date: November 17, 2014
Ordinance 14-013 Page 2 of 2