Ordinance No. 86-66 CITY OF TIGARD, OREGON
Ir ORDINANCE NO. 86-_LLb'
AN ORDINANCE AMENDING CHAPTER 11.04, SOLID WASTE MANAGMENT, OF THE TIGARD
MUNICIPAL_ CODE.
WHEREAS, on November 24, 1986, the City Council heard the recommendation of
® a i Committee to make several modifications to Chapter
the Utility and Franchise P
11.04 of the Tigard Municipal Code to recognize changes in solid waste
franchisee ownership; and
WHEREAS, the City Council also considered recommendation to modify the
procedures and time limits for solid waste franchisee later analysis and
adjustment; and
WHEREAS, the City Council denies to amend Chapter 11.04 to incorporate all
changes recommended by the Utility and Franchise Committee at the November 24,
1986 Council meeting.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Section 11.04.040(b)(1) shall be amended to read as follows:
Language to be deleted is shown in [brackets] and language to
be added is underlined.
(1) Area I [Frank's Disposal Service, Inc. , Herb Frank,
President, 15890 SW Colony Drive, Tigard, OR 97223;]
Pride Disposal Company, Lorry Leichner, President, P.O._
Box 839, Sherwood, OR 97140.
Section 2`.- Section 11.04.040(b)(2) is amended to read as follows:
(2) Area II. Miller Sanitary Service, Inc., [Carl] Thomas
Miller, President, [7764 SW Capital Highway, Portland, OR
972193 5150 SW Alger Avenue, Beaverton. OR 97005.
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ORDINANCE NO. 86-
Page' 1
Section 3: Section 11.04.090(c) is amended to read as follows:
(c) Rates to be charged by the franchises under this chapter
shall be set by the city council by resolution as deemed
necessary by the council. Except, increases in charges to the
franchises for solid waste disposal site fees imposed by a
governmental agency may be included in the rates by council
resolution, provided such increa%.eo ar- diitributed
among the rates. The franchises ,=:M11 provide sixty days
written notice with accompanying justification for all other
proposed rate changes. The council shall give due
consideration to the purposes of this chapter and the [direct
and indirect cost to the franchisee of doing business
including, without limitation, investment in and cost of
disposal or resource recovery, soundness of management,
resource recovery revenues, services of management, cost of
technological changes, costs of meeting government regulation,
projected revenues and and expense of providing service, cost
of meeting growth in service or capital budget, rate for
similar services in similar areas, a reasonable return to
franchisee on the business, length or haul ro dispos«i
facilities, cost of use of transfer or transfer facilities,
future service demands, extra charges for off–day pickups,
janitorial services picking up wastes around cans or other
containers or boxes, Saturday or holiday surcharge where such
service is provided, minimum use of drop box service as a
condition for providing the service, and a surcharge for
blocked access or container, can or drop box not ready to dump,
based on time and expense.]
Annual Report filed by franchisees
Section 4: Section 11.04.090(e)(1) is amended to read as follows:
(1) On or before eptember 1st, the franchisee shall supply a
report of current income and expense together with projected
income and expense for the year beginning January 1st_ and —
ending the following December 31st together with existing and
proposed rates. Income and expense reported may include any or
all of those listed in subsection (c) of this section and
ni�hara applicable to the franchised business. Fiscal year
franchisees shall e5ti,Tiate revenue and expense from date of
actual expense and income records to June 30th.]
March 1st the franchisee shall file an annual report (Exhibit
"C") with the City Retarder for the year ending the previous
December 31st.
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Section 5: Section 11.04.090(e)(2) is amended to read as follows:
(2) The City Administrator shall report to the Council by
[October 1st] Agril 1st on the franchisee reports and propose
rate adjustments, if any. He may make such recomri-janda+tions as
appropriate to the rate determination. A copy shall be
delivered to each franchisee.
s
Section 6: Section 11.04.090(e)(4) is amended to read as follows:
(4) Unless there is good cause shown and recorded in the
minutes of the county, the council shall act upon any rate
adjustment by [November 30th] May 31st and the adjustment shall
take effect [January 1st] June 1st. Rate adjustments shall be
by resolution and order of the council.
PASSED: By vote of all Council members present
after being read by number and title only, this 15 b" _ day
of tom' 1986.
w
n-r�-- 1 ,-�i ty
Catherine Wheatley, Deputy Recorder
APPROVED: This , day of ICP P&6t, 1986.
,n
Jo =E. Cook, Mayor
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