Ordinance No. 75-58 t
CITY OF TIGARD, OREGON
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE No. 71-25 _ AS AMENDED, TO PROVIDE FOR AN
EXTENSION OF CONDITIONS AND TERMS REGULATING THE COLLECTION, HAULING AND
DISPOSAL OF SOLID WASTE WITHIN THE CITY OF TIGARD; MAKING CERTAIN CLARIFICATIONS
AND CHANGES IN SAID CONDITIONS; GRANTING AN EXTENSION OF AN EXCLUSIVE FRANCHISE
AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That Section 2 of Ordinance No. 71-25 adopted by the City Council
on Julv 12, 1971 , as amended by Ordinance No. 73-27
and Ordinance No. 74-42 be and the same is hereby amended to read as
follows:
Section 2: Definitions for the purpose of this Ordinance, unless the
context otherwise clearly requires, the following definitions are hereby
prescribed and made applicable
(a) "Can" means a metal storage container for solid waste with bails
(handles) and a tight fitting lid or cover and not exceeding a
capacity of 32 gallons nor a loaded gross weight of 60 pounds.
Cans which are sunken into a receptacle in the ground shall not
be serviced except those which are currently being serviced
shall remain in service until such time as the can presently used
is no longer usable. Upon replacement of such a can, the sunken
service shall no longer be continued.
All putrescible solid waste shall be placed in a can and shall
not be bundled, boxed or otherwise stored.
(b) "Extra" means solid waste, in the form of bundles, boxed, loose
refuse, or in cans, collected during a stop in addition to regular
service for metal cans or containers provided to the same customer.
(c) "Solid Waste" means all putrescible and non-putrescible wastes,
whether in solid or liquid form, except liquid carried industrial
wastes or sewage or sewage hauled as an incidental part of a
septic tank or cesspool cleaning service, or dead animals, but
including garbage, rubbish, ashes, paper wastes, street refuse,
industrial .taste, swill; demolition and construction waste,
abandoned vehicles or parts .thereof, discarded home and industrial
appliances, manure, vegetable or animal solid and semi-solid
waste, and other discarded materials.
Section 2: That Section 3 of Ordinance No. _]j-25 adopted by the City Council
` T-- on July 1971. as amended by Ordinance No. 74-42 ,
be and the same is herebyamender to read as follows;
Section 3: There is hereby granted to ' Service
the exclusive privilege and franchise of collecting waste materials an
refuse as in this ordinance defined, ordinarily and customarily
discarded from residences, and commercial and industrial establishments, .
excepting salvageable materials as herein defined, within that area of
the City of Tigard as described on the attached map, Exhibit "A"
by this reference made a part hereof, and the right to haul the
same over the City streets for the purpose of disposal, as in this
ordinance more particularly described.
Notwithstanding the above, any person who is dissatisfied with service
being rendered by the collector may file a complaint with the City
Administrator stating the reasons for his dissatisfaction. The City
Administrator shall review the complaint <<d if it is found to be
reasonable he shall advise the collector of the complaint and the
collector shall take such actions as will remedy the situation and
prevent a similar situation from occurring in the future. If the
situation is not satisfactorily resolved or if repeated valid
complaints are received, the complainant may proceed to file a written
-t .•» +-?, tha City Administrator reouestinc th? - _cllc!�'ion service
be provided by another franchised collector. The City Administrator shall
hold a hearing on the request for change of collector at which the
complainant and the collector may be present to present their respective
arguments and evidence. Upon conclusion of said meeting, the City
Administrator may authorize another franchised collector in the City
of Tigard to commence collection for the complainant subject to the
willingness of another franchised collector to accept and service
said account. The decision of the City Administrator may be appealed
to the City Council and shall be heard in accordance with the procedure
established in Section 15 hereof. _
The rights and privileges hereby granted shall be effective with the
effective date of this ordinance and shall remain in effect, subject
to the terms and conditions hereof, until midnight December 31, 1980,
unless sooner terminated in accordance with the terms hereof.
The City shall one year prior to termination of this franchise
ordinance commence negotiations with the collector for a new franchise.
In the event the City and the collector are unable to reach an agree-
ment on such a new franchise after a period of 6 months, the City may
negotiate with any qualified persons.
Section 3: That Section 4 of Ordinance No. 71-25 adopted by the City Council on
July 12, 1971 , be and the same is hereby amended l
to read as follows:
4
Section 4: That in consideration of such right; privilege and franchise,
the collector will pay to the City of Tigard each fiscal year during the
term of this franchise, an annual fee equal to 3% of the gross annual
receipts accruing to the collector from such service within the corporate '
bounds of the City of Tigard as designated on Exhibit "A", computed on a
quarterly basis, and payable not later than 30 days following the end of
each quarter fiscal year period. The collector shall maintain proper
records showing the gross receipts from the service within said area
and such records shall be open at all times to inspection and audit by
® authorized personnel designated by the City. 1
"Gross annual receipts" shall be deemed to include all
fees, remuneration or amounts actually paid to the ,
Page 2 - ORDINANCE No. ,5'= S�?
collector within the purview of this ordinance
within the corporate limits of the City of
�. Tigard as illustrated on Exhibit "A" during
any calendar year.
t
adopted b the Cit Council
Section 4: That Section 7 of Ordinance No. 1-1-25-be and the same hereby is
on Jul 12 1971
amended to read as follows:
s
Section 7: Where service is contracted by a customer, the collector
shall, during the term of this franchise., collect and carry ataxy all
waste materials as defined Lit Section 2 of this Ordinance not less
than once per week from the residences and commercial and industrial
establishments of the City. Collections in residential areas shall
not commence prior to 7:00 a.m. nor continue later than 3:00 P.M. g
except in case of emergency where the public health would be
jeopardized by delay of pickup to the above stated hours. The
collector shall collect offensive and wet garbage in the business
district by 1:00 p.m. on each day set for collecting same. On all
days which precede legal holidays, the collector shall collect the
waste materials from butcher shops and other establishments having
waste materials which may become foul or offensive by being kept s
over a holiday.
Section 5: That Section 10 of Ordinance No. 7h-•25 adopted by the City
Council on July 122 1971 be and the same hereby is
amended to read as follows:
Section 10: In the event the customer or owner of the premises
being served by the collector shall fail to discharge his financial
obligation to the collector within 60 days after the accrual of the
account, the collector may upon 7 days notice to the customer or
owner and the City Administrator of Tigard, discontinue service
until the delinquent account is paid in full.
Section 6: That Section 13 of Ordinance No. 7I-•25 be and the same
hereby is amended by addition of the following to said
Section 13.
"Before permitting any person, firm or corporation to occupy a
unit or units within a multiple family dwelling; or a single family
rental unit, the owner of such unit or units shall make arrangements
for and obtain solid waste collection service from a collector
licensed under this ordinance for the benefit of the prospective
occupant of any such unit or units. The owner shall provide such
collection service for the benefit of any occupant at all times
that the unit or units are occupied. For purposes of this section
of this ordinance, "multiple family dwelling" means any residential
unit other than a single family residential unit. A "single family
rental unit shall mean any single family residential structure
which is rented to a person other than the owner or contract „
purchaser of the structure, whether by lease or month to month tenancy.
Page 3 ORDINANCE No.
Section 7: That Section 15 of Ordinance No. 7,1'.25 adopted by City Council
on I. July 12, 1971 be and the same is hereby
amended to read as follows: .
Section 15: In the event the collector shall fail, neglect or refuse
to fulfill any or all items and stipulations of this franchise to be
by him performed, then the City of Tigard shall have the right to
cancel and annul this franchise. Before any such cancellation, the
City Council shall serve on the collector a written notice setting
forth wherein the collector has failed in his duties and obligations
set forth hi this ordinance and fixing a time not less than thirty
(30) days after service of said notice when the matter shall be
heard before the City Council. At any such hearing, the collector
shall have Lite right to be preEent ie •Pot"cnn and he represented by
Counsel, and the City as well as the collector shall have the right
to present such witnesses and proof as may be pertinent to the E
issues. The hearing shall be conducted in such manner as the Mayor
and Council shall determine and the normal court rules of evidence {�
shall not apply. The findings of the City Council shall be conclusive
of the issues thus determined.
Section 8: That Section 20 of Ordinance No. 71--25adopted by the Council
on July 12, 1971 and amended by Ordinance No.
74- be and the same hereby is amended by adding the following to said
Section 20:
"The Council finds that from time to time a resale market exists
for salvageable material's and that the customer may wish to sell
such materials to the collector in connection with the collection 1`
and disposal of such materials for the customer. Subject to the
provisions of this Section, the collector may enter into an agree-
ment with the customer for the purchase of any and all salvageable
materials generated by the customer."
Section 9: That Section 22 of Ordinance No. 71-25 be and the same is hereby
amended to read as follows:
Section 22: The collector shall make arrangements to have "provided
a place or places within a one mile radius of the corporate limits
of the City of Tigard where disposal service bills may be paid in
person and shall further provide telephone services where the
collector may be reached by the public in all matters and business '
related to his service, and maintain at his cost a listing under }
the appropriate heading in the telephone directory serving the City
of Tigard.
Section 10: That Ordinance No.'7d1 --25 as amended by subsequent ordinances,
including this ordinance, constitute the entire solid waste
franchise and any portions of Ordinance No. 7125 not expressly amended
by this or previous ordinances remain in full force and effect as if herein t'
set forth in their entirety.
,r
Page 4 - ORDINANCE No. r
,.
ti��
Section 11: That inasmuch as the current franchise expires on December 31,
_ 1975 and whereas the expiration of said contract would cause
material threat to the health, safety and welfare of the Ci"ty and its
residents, an emergency is hereby declared to exist and this ordinance shall
become effective upon the lst day of January, 1976 at 12,01 a.m. provided the
collector has prior accepted in writing the terms and conditions of this
franchise as established in this and related Ordinances,
PASSED: By.unanimous vote of all Council members present, after being
read three times by title and number only, this
day of cP.��Pr , 197s'. .
Recorder - City of Tig
APPROVED: By the Mayor, this — day of Qep,-:e r, bPr , 197-:5
Mayor City of Tigard
f
,a.
f
3
x
I
C m
Page 5 -,ORDINANCE No.
v v . v o v v v
� 1
JL
7 '
Y�v � .Y., f �'•,t
1
r '
•+® 11M�
ID
ji
Ms 41
H,
as«IP
■ a
FRANK'S DISPOSAL SERVICEf INC.
0. BOX 233O1' • TIGARD, OREGON 97ZZ3 ---
a e=�riue�iw 6;3;5—.�i v-P
RECEIVED
�.`. Bruce 'Clarv, City Administra r
TO ' 2
DATE
_ .,_ �. J
• .: ' 175 -
$tyof Tigard .� .______-- _._.___.___- _ -
CITY OF TIGARD
12.420 SW Main St„
�ore n
December29, 1975
PATE
Dear Bratce#
Z have read, understand and
accept the franchise ordinance --•-
�. = '
#75-57 in it's entirety.
,.
Sincerely.
Herb Frank, Fresiden.
FYi.�,Iv"YC° �ISF®SAZ.
SERN ICE I
iWspr
SIGNED.__:.,:_..._
fano 4t R�3P�Lha�raW�ry 9eord,Inx,9o.50s,Don s,.Teta.
c.IpNs TG Rec
` SYRIJp G TC 6ENp F.a:
`rwRIiE REPAY...p.OFTACH. KEEP PINK Gp r.q£TLIRN WHITE COPY TO SEMtl ER.
2.6EMG ViH IYEAN6 PINN L6P1EuJ WITH pAw9GN IHTALY. :' _TtJ O.
... f.KEEP VEItCW
COPY. ..
S