Loading...
07/19/1988 - Packet CITY OF TIGARD UTILITIES AND FRANCHISE COMMITTEE MEETING AGENDA TUESDAY, July 10, 1988 - 7:00 P.M. �r Members: McReynolds Vo','Vo',' Barrett , Irwin P< Jacobs VFG Wogen Misovetz 1.. L- Call to Order and Roll Call 2. Minutes of May 24, 1988. 3. Lions Club vs Schmidts 4. Public Utility Franchise Negotiation Progress. 5. Other Business. 6. Adjourn. r s` /{-G` �� ..,/!�''t` :t .'` _ ✓� { Ce.:''., i r`"'�..ted i IIPYl'"i ,447A ol �r %Now, CITY OF 0F TIGARD^ OREGON ORDINANCE NO. 88— AN ORDINANCE GRANTING TO COMPANY, AN OREGON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTOR'," AND TO LAY UNDERGROUND WIRES FOR COMMUNICATION PURPOSES, IN, UPON, UNDER' OVER AND ACROSS THE STREETS' ALLEYS, ROADS AND 07-HER PUBLIC WAYS AND PLACES WITHIN THE CORPORATE LIMITS OF SAID CITY, AND TO CONDUCT A GENERAL TELEPHONE BUSINESS WITHIN SAID CITY OF TIGHRD^ PRESCRIBING TERMS AND CONDITIONS, REPEALING Ordinance No. 73-23^ FIXING EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TICARD ORDAINS AS 1:70LL0WS: Section I': That Company, an Oregon corporation' hereinafter sometimes referred to an the "Company" or the "Grantee", is hereby granted, subject to the terms and conditions hereof, the franchise right and privilege to erect' construct, maintain and operate m general communication system and business within the corporate limits of the City of Tigard' herein sometimes referred to as the "City", as the same now exist or may be hereafter constituted, and the franchise right and privilege to erect, construct, maintain and operate poles, wires, fixtures, equipment, underground circuits and other property necessary or convenient to supply the City and the inhabitants thereof and other persons and the territory with telephone service, upon' over, along, under and across the streets, alleys, roads and other public ways and places within the corporate limits of the City as the same now are or may be hereafter constituted. All poles, wires, fixtures, equipment, underground circuits and other property owned or in possession of the Compa 'y now located within the corporate limits of the City shall be deemed to be covered by the terms of this ordinance and to be located in accordance therewith' and the location and placement thereof is hereby approved. The City reserves the right to vacate, alter, or close any street, bridge or public place, but in so doing will give due regard to the presence of Company' s facilities and the continued rendition by Company of service to the public. The City shall not require the company to remove or relocate its facilities or vacate any street, alley' or other public way incidental to any public housing or renewal project under ORS Chapters 456 or 457 without reserving Company's right therein or without requiring Company to be compensated for the costs thereof. Section : This franchise in granted for a period of 10 years from the effective date of this ordinance unless sooner terminated as provided in this ordinance, but the Council of the City of Tigard may terminate this franchise at any time after 5 years from the effective date hereof upon 90 days' notice in writing to the Company. Section : That the Company shall file with the City Engineer-, or other City official designated by the City, maps or sketches -showing any proposed line construction work to be done by the Company in any street, alley, road or ORDINANCE NO. 88— Page 1 ---- other public way 4�°� place prior to undertaki -uch work' and such construction work oh�Il he one n d i a reasonably safe f e manner subject to the approval of the official designated by the Council of the City and in accordance with requirements of applicable State laws and City ordinances . Section 4: It shall be lawful for Company' its nuooe000ro and assigns, to make all needful excavations in any of such streets, alleys, avenues, thoroughfares and public highways, places and grounds in said City for the purpose of placing, erecting, laying and maintaining poles or other supports or conduits for said wires and appliances and auxiliary apparatus or repairing' renewing or replacing the same. Said work shall be done in compliance with the necessary rules, regulations, ordinances or orders, which may during the continuance of this franchise be adopted from time to time by the City of Tigard. Section 5: That when any excavation shall be made pursuant to the provisions of this ordinance' the Company shall restore the portion of the street, alley, road or public way or place to the same condition to which it was prior to the excavation thereof; and all work shall be done in strict compliance with the rules, regulations, ordinances or orders which may be adopted from time to time during the continuance of this franchise by the Council of the City or an may be otherwise provided by law. Section 6: That the City, by its properly constituted authorities, shall have the right to cause the Company to move the location of any pole whenever the relocation thereof shall be for public necessity or convenience, and the expense thereof shall be paid by the Company except as provided in Section 1 . Section 7: That nothing in this ordinance shall be construed as in any way to prevent the City from uewering^ grading, paving, planking' repairing, widening, altering or doing any work that may ' be desirable on any of the streets, alleys, roads or public ways or places; but all such work shall be done' if possible, in such manner as not to obstruct, injure or prevent free use and operation of the said telephone system of t6e Company. Section 8: That whenever it shall be necessary in uewering^ grading' or in making any other improvement in any street, alley' road or other public way or place, to remove any pole, underground conduit or equipment belonging to the Company or on which any wire or circuit of the Company shall be stretched or fastened, the Company shall, upon twenty (20) days' written notice from the City, or its properly constituted authorities, remove such pole, underground conduit, equipment, wire or circuit; and if it fails, neglects or refuses nw to du, the City, by its properly constituted authorities, may remove the same at the expense of the Company, except that in the event such removal would require a major rearrangement of underground conduit the City will give the Company sufficient time to perform such rearrangements, Section 9: Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of the Company to permit the passage of any building, machinery or other object moved over the roads, streets, alloys, avenues, thoroughfares and public highways within the City, the Company will perform such a rearrangement within a reasonable period after written notice from the owner or contractor—mover desiring to move said building, machinery or other objects . Said notice shall bear the approval of ORDINANCE NO, 88— Page 2 ----' the Engineer for- the,.4,. ,ty, shall detail the route of 'w*6ement of the building, machinery or other objects, shall provide that the costs incurred by the Company in making such a rearrangement of its aerial facilities will be borne by the contractor—mover and shall further provide that the contractor--mover will indemnify and save the Company harmless of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly from such temporary rearrangement: of the aerial facilities of the Company, and if required by the Company, shall be accompanied by a cash deposit or a good and sufficient bond to pay any and all such costs as estimated by the Company. Section 10: That the rights and privileges granted by this ordinance are granted upon the following considerations and conditions, to-wit: (a) 'That shall, within thirty (30) days after the passwage of this ordinance, file with the City Recorder its written acceptance of this ordinance, subject to all the terms, obligations, restrictions and provisions of this ordinance; and upon the expiration of the allotted time for the acceptance of this ordinance, the same not having been accepted unconditionally, then this ordinance shall become wholly void, inoperative and of no effect. (b) In consideration of the rights, privileges, and franchise hereby granted, said Grantee, Company, its successors and assigns, shall pay to the City of Tigard three percent (3%) per annum from the effective date of this agreement until December 31, 1988, and shall pay to the City of Tigard five percent (5%) per annum from January 1, 1989, until the agreement is terminated. The franchise fee percentage describe above shall be based upon gross local service revenues derived from services other than competitive services within the corporate limits of the City of Tigard less net uncollectibles and revenues paid directly to the Grantee by the United States of America or any of its agencies. Services that are competitive for purposes of this franchise include Grantee's Centrex and Centrex type services such as Corecom, Private Line and Private Line type services such as Digicom, Radio type services such as Mobil Communications and Bellboy, the provision of inside wiring and any service that is now or hereafter the subject of detariffing, regulatory forbearance or deregulation by the Oregon Public Utility Commission. Revenues derived from competitive services shall be excluded from the franchise fee base under this franchise, however, the franchise fee shall be applied to such competitive services if such competitive services pay a franchise fee or a utility tax or an equivalent charge, and such services are located in or use the City right--of—way, or are otherwise subject to such tax or fee. The reasonable value of any utility service or the use of any Grantee facilities used or reserved for, use by the City without Grantee' s prescribed charges shall be credited toward any payment due the City under this provision. (c) The franchise fee imposed hereunder shall be paid monthly on or before the 20th of each month during the term of this agreement. The fee shall be computed upon the gross revenues of the grantee as defined herein, accruing during the previous calendar month or portion thereof. Payments not received by the 20th of each month shall be assessed interest at the rate of one percent per month. ORDINANCE NO, 88-­ Page 3 �� (d) The amount ;,llected by the company from w h utility customer in excess of the percentage set forth in OAR 860-22-040 and pursuant to Section 10 of this Ordinance, shall be separately stated and identified on all customer billings. The company's billing statement shall read as follows: "Fee for use of City of Tigard right-.-of--.way." (e) It is understood and agreed that the percentage to be paid to the City by Grantee under the terms and provisions of Section 7, above, is the standard franchise fee paid by the Grantee to other cities it serves for the rights, privileges, and franchises of the nature contemplated herein, and in the event that during the term hereof the Grantee shall agree in a negotiated franchise to pay any city in Oregon a percentage rate of compensation exceeding that provided for herein, said increased rate of compensation shall thereafter be payable to the City and this ordinance and franchise shall be amended accordingly. It is also ,✓ ons and rstood that Grantee will notify City within 14 days of any �R� other City�' change in franchise fee, utility Tax, or equivalent cha6g*e. The City shall have the right to any increased rate of compensation retroactive to the date of such action. Section 11: With each franchise fee payment, the Grantee shall furnish a sworn statement setting forth the amount and calculation of the payment. The statement shall detail the revenues received by the Grantee from its operation within the City, and shall specify the nature and amount of all exclusions and deductions from such revenues claimed by the Grantee in calculating the franchise fee. The Grantee may deduct from its franchise fee payment all sums paid to the City for permit, inspection or similar fees for street openings and installations or construction in the public way. Section 12: The City shall have the right to annually audit the books and records of the Grantee to verify that the franchise fee has been correctly computed and paid by the Grantee. The Grantee agrees to reimburse the City for: (a) The reasonable costs of such audit if the audit discloses that the Grantee has paid 95 percent or less of the franchise fee owing for the period of such audit; or (b) One--half of the reasonable costs of such audit if the audit discloses that the Grantee has paid more than 95 percent but 98 percent o_r, less of the franchise fee owing for the period of such audit. At the City' s request, the Grantee shall provide the City' s auditors access to the Grantee' s books and records, including relevant: USOC codes . Section 13 : That the Company hereby agrees and covenants to indemnify and save harmless the city and the officers thereof against all damages, costs and expenses whatsoever to which it or they may be subjected in consequence of negligence of the Company or its agents or servants, in any manner arising from the rights and privileges hereby granted. Section 14: That the franchise hereby granted shall not be exclusive and shall not be construed as any limitation on the City to grant rights, privileges and authority to other persons or corporations similar to or different, from those herein set forth. ORDINANCE: N0, 88 Page 4 Section 15: All r ,ts are reserved to the City, the provisions of the city charter and State statutes applicable hereto shall be deemed incorporated by reference - and made a part of this franchise; provided that the Company shall have the right to cancel this franchise by written notice to the City given at any time within sixty (60) days and such cancellation shall then become effective thirty (30) days after receipt of said notice by the City. The City also reserves the right to levy any other license, tax, or charge on the business occupation, property or income of Grantee that may be imposed by the City. Section 16: Inasmuch as Ordinance No. 73-23 enacted by the Council on July 23, 1973, are hereby superseded, said Ordinance No. 73-23 is hereby repealed. Section 17: Sections of this ordinance are severable from one another. Should any section or any portion of any section be declared void or inoperable for any reason, all remaining sections and portions thereof shall remain valid. Section 18: Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that the sources and rates of revenue from Public utilities within the City be maintained on a current basis, an emergency is hereby declared to exist, and this ordinance shall be effective upon its passage by the Council and approval of the Mayor. THE CITY OF TIGARD ORDAINS AS FOLLOWS: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of 1988. Loreen R. Wilson, City Recorder APPROVED: This day of 1988. Thomas M. Brian, Mayor Approved as to form: City Attorney^ �— Date ht/359OP/18P ORDINANCE NO. 88— Page 5 SCHMIDT SANITARY SERVICE, INC. QJ 025 SW ROSS 639-2378 TIGARD.OREGON 97229 City of Tigard June 1, 1988 13125 S.14. Hall Blvd. P. O. Box 23397 Tigard, Oregon 97223 Dear Bob, Try as hard as we can, we find it hard to accept the King City Lions Club recycling the newspaper in the Summerfield area. Ude at Schmidt Sanitary Service have accepted them through our sub contract to recycle newspaper on two streets (Greensway and Greenleaf Terrace) . Yet I find that their recycling operation is goi-ri on in other areas of Summerfield. The answer I received from the Lions Club was that the cannot! control what thew members do, if said members wish to collect newspaper on their own accord. To us this is a clear violation of our franchise with the City of Tigard and the Lions Club agreement with us. As you know we depend on newspaper to offset the cost of nonprofitable recyclables, in turn trying to hold down the cost to our customers and residents of Tigard. We don' t really want to pursue this issue but we feel the Lions Club should not be given special treatment. The City of Tigard and Schmidt Sanitary Service have a committment to the residents of Tigard. Tha k you, Th t Sanitary Service, Inc . 7 1 February 22, 1988 Mr. Larry Schmidt ' Schmidt's_Sanitary Service 8325 S:W. Ross Tigard, Oregon 97224 Dear Mr. Schmidt: I understand that you have requested a list of names and addresses of all Summerfield homes from which the King City Lions collect paper as a club project. One of our members has agreed to use his truck and collect these papers on a regular basis. The streets marked on the enclosed map of Summerfield is the only area from which paper is collected as a club project. The Lions' Board of Directors and myself do not know what fifteen Lions living in Summerfield may or may not do in regards to picking up papers from friends and relatives. Their action is strictly a personal matter and one over which the Lions' Board of Directors does not have any control. You have also requested the weight of paper collected. The average weight of paper from the two assigned streets is approximately 3,000 pounds each month. This figure is based on the average increase of the number of pounds we deliver to the paper mill each month. Sincerely, James V. Blake President, King City Lions' Club JVB:nor Fnclosure X070 t06y. 1069 =,106' i " . \5h_ r � ..n66 D N �O 5 I /I 1058 `50_ Z 1 r �,�, .064 v '10570 (A 10515 gv Ir ��,6 ioQb t ''* 105,, I I \(5 \c�6 1 1 IG62 . � ti G 5:ti r i 'A �0 m 7D 1046b I Wiz* I iZ l/ti I U 4�U Q (/>• m � P 1041 ���^ 105 25 M \ 10435 A A I 10415 09 0480 o 10405 ` �" ". ?g0�� m \d,og�. 0440 co 10395 cn X59 gig �` s r\` ,, 10400 A a o w w 10385ril5°�� 115a ��g0 Yr fi t ' 10380 0 o o 103655 g6 t , 0360 cr 0 10345 -1 103 0 0 o I 10335 ♦ 10320 wNN WWw •• Nom♦ N U u 10330 10310 10320 C 37 rn N t0 ., \ 0290 y S } t x � 44 10300 �p5 p., \� g5 ('. G X00 , 10270 10280 10260 10275 ,�gp:. �.� 6 ��" 10250 w r T 10230 cr cr 10256 � �p, �` , �5�5 �*� r — o 10240 102 10220 D♦10196 C6'�6 I0 GREENS 102 c,'\ p200 tdt'fb ,� N I S.W. a� �', tOt 0 r 5 i ,.? o ` 10 6 10 0 CAZ t0 s`p \� \O�tiS I \°\30 O 1y I w G yyy oleo oo^`'o,� \0�°° \ I�oBo $ o 60 �y y o \ I 1 � a te • 9' / b 004 < 15950; �� CtRGv `� m to N 09 o I O 4 15940 9�4 O +o o a S' O. 0 � +CA D N N q q COURT 15720 I S wJ < SFRFNn x. BOARD $ COMMITTEE SYNOPSIS MATRIX BOARD/COMMITTEE NUMBER OF LENGTH OF FREQUENCI' OF MEETING DAY NAME MEMBERS MEMBERSHIP SPECIFICATIONS APPOINTMENT MEETINGS AND TIME PURPOSE Budget Committee 10 5 members •- Mayor C Council 3 years March/April Tuesday To provide a public forum to obtain 5 members -• Tigard electors weekly 7:00 p.m. public views in the preparation of fiscal policy. To enable the public, taxpayers, and investors to be apprised of City financial policies and administration. City Center Plan 7 Membership preference given to members 1 year At least once Thursday To work with the Economic Develop--- Task Force of established City committees for no each month 7:00 p.m. meat Committee, CD staff members more than 3 members, and PSU design team to prepare a nowd comprehensive revi•tat.lization and No more than 2 members may be non- marketing plan for the City Center. residents of City. City Council 5 A qualified elector within the meaning 2 years Mayor Normally 3 Monday The Mayor and City Council are the of the State Constitution, who will 4 years times/month 6:30 p.m, legislative body for the City of have resided continuously for a period Councilors Tigard. of 12 months or more immediately preceding the election in an area which is within the corporate bound- aries of the City as the same shall exist as of a date 120 calendar days immediately prior to the date of the election shall be eligible for the office of Mayor Ad Councilor. Economic Development 9 Members appointed by Council and must 2. years At least once Tuesday Develop and recommend to the City Committee work or reside in the City. Though each month 7:30 a.m. Council a philosophy statement and membership is open, special consider•a-- action plan to attract new busine tion is given to persons representing to -the area. Develop methods and' commercial banking, the Tigard Triangle, recommendations which serve to the Central Business District, and the enhance the existing business North Tigard/Cascade Boulevard area. climate in Tigard. Art as Ambassadors to the business community arid promote doing business in Tigard. Continually monitor- the inventory of remaining buildable commercial/industrial land in Tigard and provide recommendations to the City Council and Planning Commission. Library Board 7 One member can lave outside City 4 years At least 6 Wednesday Advise the City Administrator and limits, times year 7:00 p.m. City Council of findings and con- cerns relating to the management, control, and operations of city library facilities. Encourage and support active volunteerism in support of -the use and improvement of .library facilities. Ascertain the library needs of the community and present to Council evaluations and recommendations regarding needs/desires as expressed by library patrons. Neighborhood 7 to 12. Membership of NPO's shall be open to 4 years Once a month Tuesday or Recommends an action, a policy, or Planning residents, property owners, business or as needed Wednesday a comprehensive plan to the City $ Organization (NPOs) merchants, and representatives of non- 7:30 p.m. to any city agency on any matter profit organizations, 18 years and affecting the livability of the older located within the neighborhood neighborhood, including, but not boundaries and 3 consecutive absences limited to: land use, zoning, automatically constitute forfeiture of housing, community facilities, membership. The membership of each human resources, social and recrea- NPO shall be as nearly representative tional programs, traffic and trans- as possible of the major interest portation, environmental quality, groups existing in the neighborhood, open space, and parks. Assist city At .least 50 percent of the members of agencies in determining priority each NPU shall reside within the City. needs for the neighborhood. Responsible for seeking the views of the people affected by proposed policies or actions before adopting any recommendations. Park and Recreation 9 Eight members appointed by Council, 4 years At least 6 Tuesday The Park Board shall be advisory to Board not more than 2 can be nonresidents time per year 7:30 p.m. the Council on matters pertaining of City. Ninth member is a voting to the creation, operation, and member appointed by the Tigard School maintenance of recreation facili-- Board, confirmed by the Council, and ties under the jurisdiction of the resides inside the School District's City. boundaries. All members have equal status in recommendations and voting. Planning 9 Not more than 2 members can be non- 4 years At least once Tuesday The Commission may make and alter Commission residents of the City. each month 7:30 p.m. rules and regulations for land use decisions consistent with the TMC Chapter 2..08 and Title 18, ORS 227, and the City Charter. Transportation 9 The Committee membership shall include 2 years Once each Thursday Review any proposals to adopt or Advisory Committee the following: month 7:00 p.m. amend planning documents for the 1. At least one resident of Tigard city-wide transportation system and residing north and west of Pacific to make recommendations to the City Highway. Council regarding such proposals. 2. At least one resident of Tigard the city-wide transportation system resisting south and east of Pacific shall mean the arterial and Highway, collector street system, the 3. A representative of the Tigard bicycle routes system, and mass Planning Commission. transit system within the City. The City Engineer and a member of the. City Council shall serve as ex--officio, non-voting members. Utilities and 7 Each of the City's franchised haulers 3 years Once each Tuesday Monitor and coordinate: solid Franchise Advisory shall be non-voting ex-officio members month 7:00 p.m. waste franchise issues (including Committee who shall be notified of all meetings recycling, rates, customer and shall have full rights of parti.ch- complaints, etc.); franchises for pation in committee meetings except public utilities; and City utility Executive Sessions affecting litigation issues (storm drain/sanitary sewer) A non-voting, ex--officio staff liaison is appointers by the Administrator. WAR= 1 11. 04. 010--11. 04. 020 Title 11 HEALTH AND SAFETY Chapters: 11. 04 Solid Waste Management 11. 08 Burglary and Robbery Alarm Systems Chapter 11 .04 SOLID WASTE MANAGEMENT Sections : • 11.04 .010 Title for citation. 11.04 .020 Purpose, policy and scope of chapter pro- visions . 11 .04 .030 Definitions . 11. 04 .040 Franchise--Granted to certain persons-- Scope of regulations . 11 .04 .050 Franchise--Term--Automatic renewal when. 11 .04 .060 Franchise--Fees . l 11. 04 .070 Responsibility of franchise. l 11 .04 .080 Franchise--Transfer, suspension, modifica- tion or revocation--Conditions . 11. 04 . 090 Rates for service. 11 .04 .100 Container requirements and collection limita- tions. 11 . 04 . 110 Offensive wastes prohibited. 11. 04 . 120 Unauthorized deposits prohibited. 11 . 04 . 130 Interruption of franchisee ' s service. 11 . 04 . 140 Termination of service by franchise . 11 .04 . 150 Subcontracts. 11.04 . 160 Rules and regulations . 11. 04 .170 Enforcement officers . 11 .04 . 180 Violation deemed misdemeanor when--Penalty . 11 .04 . 010 Title for citation. The ordinance codified in this chapter shall be known as the "city of Tigard solid waste management ordinance, " and may be so cited and pleaded, and shall be cited herein as "this chapter. " (Ord. 78-64 §1, 1978) . 11.04 .020 Purpose, policy and scope of chapter pro- visions . (a) It is declared to be in the public interest for the city of Tigard to establish this policy relative to the matters of solid waste management to: 153 (Tigard 4/83) 11. 04. 030 ( 1) Provide sufficient waste volume to sustain ' solid waste management facilities necessary to achieve resource recovery goals established by the city, county , State Department of Environmental Quality and Metropolitan Service District; ( 2) Provide the basis for agreements with other governmental units and persons for regional flow control to such facilities; ( 3) Insure safe accumulation, storage, collection, transportation, disposal or resource recovery of .solid waste; ( 4) Insure maintenance of a financially stable, reliable solid waste collection and disposal service; ( 5) Insure rates that are just, fair, reasonable and adequate to provide necessary service to the public; ( 6) Prohibit rate preference and other discriminatory practices which benefit one user at expense of other users of -the service or the general public; ( 7) Conserve energy and- material resources; ( 8) Eliminate overlapping service to reduce truck traffic, street wear, air pollution and noise; ( 9) Provide standards for solid waste service and public responsibilities; and (10) Provide technologically and economically fea- sible recycling by and through solid waste collectors. (b) No person shall : ( 1) Provide service, offer to provide service or advertise for the performance of service without having obtained a franchise from the city of Tigard; ( 2) Accumulate, store, collect, transport, dis- pose of or resource recover solid waste except in compliance with this chapter, other .6ity ordinances , and Chapter 459, Oregon Revised Statutes, dealing with solid waste management and regulations and amendments promulgated under any of the foregoing. (Ord. 78-64 §2 , 1978) . 11 .04 . 030 Definitions . (a) "Compensation" means and includes : (1) Any type of consideration paid for service, in- cluding, without limitation, rent, lease payments and any other direct or indirect provision for payment of money, goods, services or benefits by owners , tenants, lessees, oc- cupants or similar persons; (2) The exchange of services between persons ; and (3) The flow of consideration from the person owning or possessing the solid waste to the person providing the service or from the person providing the service to the per- son owning or possessing the solid waste. 153-1 (Tigard 1/15/79) 11 . 04 . 040 (b) "Council" means the city council of the city of Tigard. (c) "Franchise" means the right to provide service granted to a person pursuant to this chapter. (d) "Person" means any individual, partnership, association, corporation, trust, firm, estate, joint venture or other public or private legal entity . (e) "Putrescible material" means organic materials that can decompose and may give rise to foul-smelling, of- fensive odors or products. (f) "Resource recovery" means the process of obtain- ing useful material or energy resources from solid waste and including energy recovery, materials recovery, recycling and reuse of or from solid waste. (g) "Recycling" means any process by which solid waste materials are transformed into new products in such a manner- that the original products lose their identity. (h) "Reuse" means the return of a commodity into the economic stream for use in the same kind of application as before without a change in its identity. (i) "Service" means the collection and transportation of solid waste by persons for compensation. (j) "Solid waste" means all putrescible and non- putrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, wastepaper and cardboard; residential, commercial, industrial, demolition and construction wastes ; discarded home and industrial appliances; vegetable or animal solid and semisolid wastes ; dead animals, and other wastes (1) For the purpose of this subsection, "waste" means any material that is no longer wanted by or is no longer usable by the generator, producer or source of the material, which material is to be disposed of or to be resource-recovered by another person. The fact that ma- terials, which would otherwise come within the definition of "waste" may from time to time have value and thus be resource-recovered does not remove them from this definition. Source-separated wastes are "wastes" within this subsection. (2) The term "solid waste" does not include any "hazardous waste" as defined by or pursuant to ORS Chapter 459 . (Ord. 78-64 53, 1978) . 11 .04 .040 Franchise--Granted to certain persons-- Scope of regulations . (a) Subject to the provisions of this section, this chapter, the city charter, and any amend- ments to these documents, there is hereby granted to the following persons an exclusive franchise to provide service within the exclusive area shown within a map of existing franchised areas on the effective date of the ordinance codified in this chapter, which map is hereby attached hereto, marked "Exhibit A, " and by reference is hereby incorporated herein. I 153-2 (Tigard 1/15/79) 1mow 11 .04 . 040 to. 0" (b) The franchis s are : ���' fox Q35 WPuo (1) Area I . 9''x , (2) Area II. Miller Sanitary Service, Inc . , .Ga-r�7s Miller, President, 374=T^' �'�^_}^� u_;�':•�1', Dnr+ lar+r7 (1e�, -972}g; 5(S-0 Sta 419tr ��e, 6e-#vFeraN vr' q?W75 - -- (3) Area III. Schmidt' s Sanitary Service, Inc. , John Schmidt, President, 8325 SW Ross , Tigard, Ore. 97223; (c) Where any area is annexed to the city of Tigard and the area had been franchised by Washington County for solid waste collection service prior to annexation, the county :Franchise shall be recognized as to the area; but service, term and other requirements shall be those of this chapter. If the area was franchised to any of those listed in subsection (b) of this section, the area shall be added by the city manager by amendment to "Exhibit A. " For persons other than those listed in subsection (b) of this section, an acceptance of franchise must be signed and recorded as provided in Section 11 .04 .070 of this chapter. (d) Nothing in this franchise or this section shall: ( 1) Prohibit any person from transporting, dispos- ing resource recovering waste produced by himself so long as he complies with this chapter, other city ordinances , and Chapter 459 Oregon Revised Statutes , dealing with solid waste management, and regulations promulgated under any of the foregoing. For purposes of this subsection, solid waste produced by a tenant, licensee, occupant or similar person is produced by such person and not by the landlord, property owner or agent of either the landlord or property owner; ( 2) Prohibit any person from transporting, dis- posing of or resource recovering, sewage sludge, septic pumpings and cesspool pumpings; ( 3) Prohibit any person licensed as a motor ve- hicle wrecker under ORS 481 .345 et seq. from collecting, transporting, disposing of or utilizing motor vehicles or motor vehicle parts ; ( 4) Prohibit the city council from withdrawing certain solid waste services by amendment to this chapter on the basis of a finding that such regulation is not neces- sary for the implementation of the purposes of this chapter or a city, county or metropolitan service district solid waste management plan; ( 5) Prohibit any person transporting solid waste through the city- that is not collected within the city; ( 6) Prohibit a contractor employed to demolish, construct, or remodel a building or structure, including but not limited to land clearing operations and construction wastes, from hauling waste created in connection with such employment in equipment owned by the contractor and operated by contractor's employees; 153-3 (Tigard 1/15/79) 11. 04 .040 ( 7) Prohibit the collection, transportation and reuse of repairable or cleanable discards by private charitable organizations regularly engaged in such business or activity including, without limitation, Salvation Army, Goodwill, St. Vincent De Paul, and similar organizations; ( 8) Prohibit the operation of a fixed location where the generator, producer, sour.ce or franchised collector of solid waste brings that waste to a fixed location for transfer, disposal or resource recovery; provided, however, that the establishment or maintenance of any such location brought into being after April 1, 1978, shall be only _by permit issued by the city administrator; ( 9) Prohibit the collection, transportation or redemption of beverage containers under ORS Chapter 459; (10) Prohibit a person from transporting or dis- posing of waste that he produces as an incidental part of the regular carryin_ g .on of the business of janitorial ser- vice; gardening or landscaping ' service; or rendering; (11) Require franchisee to store, collect, trans- port, dispose of or resource recover any hazardous waste as defined by or pursuant to ORS Chapter 459 ; provided, however, that franchisee may engage in a separate business of handling such wastes separate and apart from this franchise and chapter; (12) Prohibit a nonprofit charitable, benevolent or civic organization from recycling wastes provided that such collection is not a regular or periodic business of such organization and that, for all such collection after April 1, 1978 , a subcontract shall be obtained from the franchisee in the area or areas to be served or that a permit is obtained from the city administrator. (e) Where a permit is required from the city adminis- trator, it shall be issued only upon a finding that the service is needed, has not been provided by the franchisee or, in the case of fixed base facilities, by other persons . The City Administrator shall give due consideration to the purposes of this chapter. He may attach such conditions as he determines are necessary to obtain compliance with this chapter and may restrict the term of such permit. The permittee will comply with all applicable provisions of this chapter. (f) Solid waste placed out for collection, whether or not source-separated, belongs to the franchisee when so placed; or, where placed out for collection by a permittee, belongs to the permittee . (g) Not withstanding other provisions of this section, if the council finds that on-route recycling is technologies rally and economically feasible and directs that it be in- stituted: 153-4 (Tigard 1/15/79) 11. 04 . 050--11. 04 . 060 (1) Franchisees shall be given advance notice of a hearing on the subject and an opportunity to be heard; ( 2) If, after the hearing and on the basis of written findings , the council directs the service be pro- vided, the franchisees shall be given a reasonable opportunity to provide the service or subcontract with other persons to provide it; (3) If franchisees do not provide the service within the specified reasonable time, the council may issue a franchise or franchises for that service and limited to on- route "recycling . A . franchisee under this subsection (g)_ shall comply with all applicable requirements of this chapter. (4) Nothing in this subsection shall prevent the franchisees from instituting on-route recycling prior to a council determination nor from including income and expense in the rate justification section. (Ord. 78-64 §4 , 1978) . 11 .04 . 050 Franchise--Term--Automatic: renewal when. (a) The rights, privileges and initial franchise granted herein shall continue and be in full force to and including the thirty-first day of December, 1988 , subject to terms, conditions and payment of franchise fees to the city as set forth in this chapter. (b) Unless the council acts to terminate further re- newals of the franchises herein granted, each January lst, the franchises are automatically renewed for a term of ten years from January lst rental . (Ord. 78-64 §5, 1978) . 11 .04 . 060 Franchise--Fees . (a) Effective July 1, 1978 , as compensation for the franchise granted to each franchisee and for the use of city streets, the franchisee shall pay to the city a fee equal to three percent of gross cash receipts resulting from the solid waste services con- ducted under the franchise. Such fees shall be computed on a quarterly basis and paid within thirty days following the end of each quarter calendar year period. Each franchise shall maintain an adequate bookkeeping system showing the gross cash receipts resulting from the solid waste services conducted under the franchise . Records shall be open at all times for audit by authorized personnel designated by the city administrator . (b) Wilful misrepresentation of gross cash receipts by a franchisee shall constitute cause for immediate re- vocation of the franchise, pursuant to Section 11 .04 . 080 of this chapter. (c) The franchise fee shall be in lieu of any business lieense or regulatory fee or tax, but shall not be in lieu of any ad valorum tax, imposed by the city of Tigard. (Ord. 78-64 §6, 1978) . 153-5 (Tigard 1/15/79) err' 11 .04 . 070 ! 11 . 04 . 070 Responsibility of franchise. (a) The Franchises shall: ( 1) Resource-recover or dispose of wastes collected at sites approved by the city that are in compliance with Chapter 459 , Oregon Revised Statutes and regulations promul- gated thereunder; ( 2) Provide and keep in force public liability in- surance with a thirty-day cancellation clause in the amount of not less than one hundred thousand dollars for injury to a single person, three hundred thousand dollars to a group of persons and fifty thousand dollars property damage,• all relating to a single occurrence, which shall be evidenced by a certificate of insurance filed with the city recorder; the insurance shall indemnify and save the city harmless against liability or damage which may arise or occur from an injury to persons or property resulting from the fran- chisee' s operation under -this chapter; ( 3) Within thirty days after. the effective . date of the ordinance codified in this chapter, file with the city recorder a written acceptance of the franchise; ( 4) Furnish sufficient collection vehicles, con- tainers, facilities, personnel, finances and scheduled days for collections in each area of the city necessary to provide all types of service required under this chapter or subcontract with others to provide such service pursuant to this chapter; ( 5) Provide a cash security deposit or a performance bond in the amount of five thousand dollars to guarantee payment to the city or other affected person of a judgment secured against the franchise holder because of work per- formed that does not conform with the requirements of this chapter or other ordinances of thel-city. The deposit or bond shall continue until one year after expiration of the franchise, or until all claims or demands made against the franchisee have been settled or secured; ( 6) Collect no single-family residential solid waste before five a.m, or after seven p.m. unless this condition is waived by the city administrator or his designee; ( 7) Provide collection and disposal of solid waste from all city facilities , city parks , city sidewalk con- tainers and city activity area at no cost to the city on a regular schedule; ( 8) Make collection no less often than once each week, except for will-call collections and drop box opera- tions, and except as provided in Section 11 . 04 . 140 ; ( 9) Permit inspection by the city of the franchisee ' s facilities, equipment and personnel at reasonable times; (10) Respond to all calls for special hauling requiring equipment regularly supplied by franchiser within ninety-six hours of receiving said call unless a later pickup is agreeable to the customer. Special hauling of 153-6 (Tigard 1/15/79) 11 .04 . 080 containers or drop boxes supplied by franchisee is dependent upon availability of those containers or boxes. (b) A franchisee may require a contract from a customer who requires an unusual service involving added or specialized equipment solely to provide that service. The purpose of this subsection is to prevent the added cost from being assessed against other ratepayers if the customer later withdraws from service. (Ord. 73-64 §7, 1978) . 11 .04 .080 Frahchise--Transfer, suspension, modification or revocation Conditions. (a) The franchisees shall not transfer this franchise or any portion thereof to other persons without sixty days prior written notice of intent and the subsequent written approval of city council, which consent shall not be unreasonably withheld. The city council shall approve the transfer if the transferee meets all appli- cable requirements met by the original franchisees. A pledge of this franchise as financial security shall be considered as a transfer for the purposes of this subsection. The city council may attach whatever conditions it deems appropriate to guarantee maintenance of service and compliance with this chapter. (b) Failure to comply with a written notice to provide the services required by this chapter or to otherwise comply with the provisions of this chapter after written notice j and a reasonable opportunity to comply shall be grounds for modification, revocation or suspension of franchise. (1) After written notice from the city council that such grounds exist, franchisee shall have thirty days from the date of mailing of the notice in which to comply or to request a public hearng before the city council. (2) If franchisee fails to comply within the specific time or fails to comply with the order of the city council entered upon the basis of written findings at the public hearing, the city council may suspend, modify or revoke the franchise or make such action contigent upon continued noncompliance. (3) At a public hearing, franchisee and other interested persons shall have an opportunity to present oral, written or documentary evidence to the city council . The finding of the city council thereon shall be conclusive; provided, however that such action may be reviewed by a court on a writ of review. (4) In the event that the city council finds an im- mediate and serious danger to the public through creation of a health or safety hazard, it may take action to alleviate such condition within a time specified in the notice to the franchisee and without a public hearing prior to taking such action. (Ord. 78-64 §9 , 1978) . 153-7 (Tigard 1/15/79) 11. 04 . 090 l 11. 04 .090 Rates for service. (a) The rates to be charged to all persons by the franchisee shall be reasonable, uniform, and based upon the level of service rendered, haul distance, concentration of dwelling units and other factors which the city council considers to justify variations in rates that outweigh the benefits of having a single rate structure unless otherwise noted in this chapter; (b) Nothing in this section is intended to prevent: (1) The reasonable establishment of uniform classes of rates based upon length of haul; type of waste stored, collected, transported, disposed of, salvaged or utilized; or the number, -type and location of customer' s- service, or upon other factors as long as such rates are reasonably based upon cost of the particular service and are approved by the city council in the same manner as other rates; (2) The franchisee from volunteering service at reduced cost for the civic, community, benevolent or charitable :program. (c) Rates to be charged by the franchises under this chapter shall be 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 increases are evenly distributed among the rates. The franchises shall 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 4'�t-- 'a-nd-�zr -i�'e nnct �-n f-hP f �.'SAQ�� : L L.e •J- � i m i +- �3=S-L�6•�� � rccni,rno rc�nvary crntnd++o:�...ap.�•-�}��gg-(� en.�, ��.� X8501 - '�33-�1@.s- 5-�,�-v-�GE.s•.--0�. t-r--a-�-�—t p�l� of +- t'....� ...'_�'fl`.0 1.11ciTTge-S�--�G8rt8 E3•� mcAi- cr.,r...m t i L'1 c .������„� r o t Yc n�i c c �n�-._�g$-•8-�..-•-�3i`'-Ovl���g_-s-e�f•3-E-e s growth_._i n..s eve.M.o ...map i to l.._. dget -rate foLrs;m; iar__se.rYic.e.s. in s-imilar. ar-eas, a-r-easonable_.return t s-s--;—1-en�th---e-�ha•u� te--d i-s-para l- f transfer= a - rfe fa-c .l.i.tie-s. future s-exvice__demands._Y_.._ex.tr..a._.__cha ge.s..-for- o•ff-day- Rickups, j^n i t O r 1 a 1 s e rt T�.�.^...e.�� -r� G�� ^�-11�"--�Vrx�'iG�5-'Ci vuiz�_'-�c't-k�•s---.E3-�_.'f'l'�h-E?�` cc tai ers or..-boxes.--_.,Saturda�Z or holi-day, -surcha-rg-e where bc�.X....se-rv .c€_ a-&--a---e-qn,a; �; -I-or p r.-oviding the serviee;_...and..._a_.s.0 rge. fee- bl—e �e-ss__a_r_..-.con.ta. ,-ner, -can or drop box not--ready to--d imps ---Ia&sed----oil - -_ expAe G -.'_ (d) The franchisee shall be provided with thirty- day prior written notice with accompanying justification for a city initiated reduction in rate schedule . (e) Unless a governmental unit or legislative body has raised or lowered the cost of providing service or there is a substantial increase in the cost of doing busi- ness that was not provided for in the previous rate adjust- ment, rate adjustments shall be made annually on the follow- ing schedule: 153-8 (Tigard 9/83) ` _/11. 04 . 090 �q �r roe. 491"I� f� 1114 aw =-�`- (1) On or before rSQPQttMh supper l l�a r P rin Y f n__c--u-r--ent--i-ncome-----a-nd_@ p I @._to-qe t- -er.. wi th__ .� -.��o n+- � i i i.O17Ce�2i""�--Q�..p$:�=5-�f n r_._t�h@--._y��•�',..,-b��}-�n�3:3�-'�d��a•X'� l + na; nn t#e fe�lo�agetberl. t. ©ge-ther .with. -.�� ' -- -' -,�-�-« - a l l ..� +•h.-, � c�o� .x„11._. i 7 h P r^+-;n n (r•� C��-.-�-i�-'sP'f:--c=v-P�--uizc'�-r"'t7t•�`iP�'^ ar�nl _tp... f-hP fra - L �- frarrr ii es s-ham-1­-e-stimate revenues a-nd--- nth. (2) The city administrator shall report to the council by AA h. M7, .1st on the franchisee reports and propose rate adjustments ,. if any . He may make such recommendations as appropriate to the rate determination. A copy shall be delivered to each franchisee. (3) The council may set a hearing on any proposed rate adjustment. (4) Unless there- is good cause shown and recorded in the minutes of the coun thser council shall act upon any rate adjustment bytNei 1, and the adjustment shall take effect .IiA� lst. Rate adjustments shall be by resolution and order of the council . (5) The reports are required from each franchisee regardless of whether or not a rate adjustment is requested. (f) Emergency rates or an interim rate for a new or altered service may be set by the city administrator; pro- vided, however, that an emergency or interim rate is not valid for more than six months from the effective date. The city administrator shall report any emergency or interim rate adopted together with justification to the council for action by resolution and order, if the rate is to continue for more than six months . (g) Rates established by the council are fixed rates and the franchisee shall not charge more or less than the fixed rate unless pursuant to subsection (b) (2) of this section. (h) Nonscheduled services shall be charged at the reasonable cost of providing the service taking into con- sideration the factors in subsection (c) of this section and as determined by franchisee. (i) In establishing rates, the council may set uniform rates, uniform rates by zone and different rates for collectors where there is a service and cost justification. (j) Until changed by the council, rates to be charged are those in effect on the effective date of the chapter. A schedule of those rates is attached to the ordinance codified herein, marked Exhibit "B, " and by this reference is incor- porated herein. (k) If approved in a rate schedule, a "start charge" for new service and a "restart charge" for reinstituted service may be added. 153-9 (Tigard 1/15/79) 11. 0 4. 10 0 (1) Franchisees may request and the council shall schedule a public hearing on the application for adjustment or action of the council where no public hearing has been held prior to rate determination. (m) Franchisee may require payment for residential and multi-family residential service up to three months in advance, and may bill up to three months in advance, ar- rears or any combination. Where billed in advance, franchisee will refund a prorated portion of the payment for any complete months in which service is not to be provided. Where billed in advance, no rate adjustment shall be effective until the end of the advance payment. (n) Any person who receives solid waste service from the franchisees shall be responsible for payment for such service. The owner of a rental or lease facility shall- be liable for payment for services provided to a tenant of such dwelling if the tenant fails to make timely payment for such services . The owner of any multiple-unit rental or lease facility having two or-more units shall be primarily respon- sible for services provided to the occupants of such facility, and shall be billed for the services . (o) Franchisee may charge at time of service for drop- box service or for 'any customer who has not established credit with franchisee. . (Ord. 83-19 §1, 1983; Ord. 78-64 §8 , 1978) . ( 11. 04 .100 Container requirements and collection limita- tions . In addition to compliance with ORS Chapter 459 and regulations promulgated pursuant thereto and in Section 11. 04 .100 : (1) To achieve the purposes of this chapter, to prevent recurring back and other injuries to collectors and other persons, to comply with safety instructions to collectors from the State Accident Insurance Fund, and to comply with safety , health and environmental safeguards : (A) Solid waste cans shall have a round bottom, sides tapering outward to the opening at the top that pro- vides for unobstructed dumping of the contents, a bail or two handles on opposite sides, a close-fitting lid with handle, not to exceed thirty-two gallons ' capacity, -and be watertight in construction. Cans shall be made of metal or some rigid material that will not crack or break in freezing weather and shall be waterproof, rodent-resistent and easily cleanable. No solid waste can or container shall exceed sixty pounds gross loaded weight, and putrescible material:; (garbage) shall be placed in plastic bags or securely wrapped in paper after being drained of liquids. (B) Sunken refuse cans or containers shall not be used, unless they are placed aboveground by the owner for service. 153-10 (Tigard 9/83) 11. 04 . 100 (C) On the scheduled collection day, the user shall provide safe access to the pickup point which does not jeopar- dize the safety of the driver of a collection vehicle or the motoring public or create a hazard or risk to the person providing service . Cans must be in a visible (from the street or alley) location which may be serviced and driven to by satellite vehicles where practical . Access must not require the collector to pass behind an automobile or other vehicle or to pass under low-hanging obstructions such as eaves, tree branches, clotheslines or electrical wires which obstruct safe passage to and from cans . Cans must be. at ground level , outside of garages, fences and other en- closures, and within one hundred feet of the street right- of-way or curb. Where the city manager finds that a private bridge, culvert or other structure or road is incapable of safely carrying the weight of the collection vehicle, the Collector shall not enter onto such structure or road. The user shall- provide a safe alternative access point or system. (D) All solid waste cans located at single-family residences shall be placed together in one authorized loca- tion on the regularly scheduled collection day. (E) All solid waste receptacles, including but not limited to cans, containers and drop boxes, shall be maintained in a safe and sanitary condition by the customer or user . (F) Solid waste service customers shall place items not intended for pickup at least three feet from solid waste can(s) or container (s) . (G) No person shall block the access to a solid waste container or drop box. (H) No person shall deposit material in or remove material from any drop box or container supplied by a fran- chise without permission of franchisee. (I) No persons shall take or remove any solid waste placed out for collection by a franchisee or permitted under this chapter. (J) No person shall place any hazardous waste, as defined by or pursuant to ORS Chapter 459 , out for collec- tion by another person, franchisee or permittee or place it in any container supplied by such a person, franchisee or permittee without prior written notification and accep- tance by the person, franchisee or permittee, and also upon compliance with any requirements of ORS Chapter 459 and any rules or regulations thereunder. (K) All putrescible solid wastes shall be removed from any premises at least once every seven days, regardless of whether or not confined in any container, compactor, drop box or can. 153-11 (Tigard 1/15/79) 11. 04. 110 (L) No person shall use any solid waste collection container of one cubic yard or more in capacity unless it is supplied by the franchisee or is approved by him on the basis of safety, equipment compatibility, availability or equipment and the purposes of this chapter. (M) Containers (and drop boxes) shall be cleaned by the customer or user: provided, however, that the fran- chisee shall paint the exterior and provide normal main- tenance. The customer or user shall be liable for damage beyond reasonable wear and tear. (N) Container customers shall supply _a location and properly maintain containers so as to meet standards of the Consumer Products Safety Commission. (0) All loads of solid wastes that may scatter, blow, leak or otherwise escape, and whether on collection vehicles or others, shall be covered during transit to dis- posal or resource recovery. (P) No person shall install a stationary compactor for collection unless the franchisee has been notified and has the necessary equipment to handle the solid wastes. (Q) A container for hazardous or other special wastes shall be appropriately labeled and placed in a loca- tion inaccessible to the public. If the container is re- usable, it shall be suitable for cleaning and be cleaned. (See also requirements of ORS Chapter 459 and rules and regulations thereunder. ) (2) No stationary compactor or other container for commercial or industrial use shall exceed the safe-loading design limit or operation of the collection vehicles pro- vided by the franchisee serving the service area. Upon petition of a group of customers reasonably requiring special service, the city council may require the fran- chisee to provide provision for vehicles capable of handling specialized loads, including but not limited to front-load- ing collection trucks and drop-box trucks and systems. (3) To prevent injuries to users and collectors , stationary compacting devices for handling solid wastes shall comply with applicable federal and state safety regula- tions. (4) Any vehicle used by any person to transport wastes shall be so loaded and operated as to prevent the wastes from dripping, dropping, sifting, blowing or otherwise escaping from the vehicle onto any public right-of-way or lands ad- jacent thereto . (Ord. 78-64 X15, 1978) . 11 .04 . 110 Offensive wastes prohibited. No person shall have waste on property that is offensive or hazardous to the health or safety of others or which creates offensive odors or a condition of unsightliness . (Ord. 78-64 X16, 1978) . 153-12 (Tigard 1/15/79) 11. 04 .120--11. 04. 140 11 .04 . 120 Unauthorized deposits prohibited. No per- son shall, without authorization and compliance with the disposal site requirements of this chapter, deposit waste on public property or the private property of another. Streets and other public places are not authorized as places to deposit waste except as specific provisions for containers have been made. (ord. 78-62 §17 , 1978) . 11. 04 . 130 Interruption of franchisee ' s service. The franchisee agrees, as a condition of a franchise, that when- ever the city council finds that the failure of service or threatened failure of service would result in- creation of an immediate and serious health hazard or serious public nuisance, the city council may, after a minimum of twenty- four hours ' actual notice to the franchisee and a public hearing if the franchisee requests it, provide or authorize another person to temporarily provide the service or to use and operate the land, facilities and equipment of a fran- chisee to provide emergency service. The city council shall return any seized property and business upon abatement of the actual or threatened interruption of service, and after payment to the city for any net cost incurred in the opera- tion of the solid waste service. (Ord. 78-64 §10, 1978) . 11 . 04 . 140 Termination of service by franchise. The franchisee shall not terminate service to all or a portion of his customers unless : (1) The street or road access is blocked and there is no alternate route and provided that the franchisee shall restore service not later than twenty-four hours after street or road access is opened; (2) As determined by the franchisee, excessive weather conditions render providing service unduly hazardous to persons providing service or to the public or such termina- tion is caused by accidents or casualties caused by an act of God, a public enemy, or a vandal, or road access is blocked; (3) A customer has not paid for provided service after a regular billing and after a seven-day written notice from the date of mailing, which notice shall not be sent less than fifteen days after the first regular billing; or (4) Ninety days written notice is given to the city council and to affected customers and written approval is obtained from the city council; (5) The customer does not comply with the service standards of Section 11 .04 . 100 of the chapter. (Ord. 78-64 §11, 1978) . 153-13 (Tigard 1/15/79) 11. 04 . 150--11 . 04 . 180 11 .04 . 150 Subcontracts. The franchisees may subcon- tract with others to provide a portion of the service where the franchisees do not have the necessary equipment or ser- vice capability . Such a subcontract shall not relieve the franchisees of total responsibility for providing and main- taining service and from compliance with this chapter. (Ord. 78-64 §12, 1978) . 11 . 04 . 160 Rules and regulations. The city administrator or his designee. may -propose and prepare rules and regulations pertaining to this chapter . The rules and regulations shall be printed or typewritten, and be maintained for inspection in the office of the city recorder. All proposed -rules and regulations promulgated under the authority of this section, and all amendments thereto, shall be immediately forwarded to the franchisee operating under this chapter for his re- sponse. The franchisee shall have thirty days to respond in- writing to such proposed rules and regulations . The rules and regulations and any amendments thereto shall be approved by the city council following said thirty-day period. (Ord. 78-64 X14, 1978) . 11. 04 . 170 Enforcement officers. The city administrator shall enforce the provisions of this chapter, and his agents, including police officers and other employees so designated, may enter affected premises at reasonable times for the purpose of determining compliance with the pro- visions and terms of this chapter. (Ord. 78-64 X13 , 1978) . 11. 04 . 180 Violation deemed misdemeanor when--Penalty. Violation by any person of the provisions of subsection (b) of Section 11 .04 .020 or subsections (1) (G) through (1) (K) and (1) (M) through (1) (0) of Section 11 .04 .100 of this chapter shall be deemed to be a misdemeanor and shall be punishable, upon conviction, by a fine of not more than five hundred dollars . (Ord. 78-64 X19, 1978) . 153-14 (Tigard 1/15/79) '�' � A ,� � 7�(5��t� �/" b a � a sjo �� � c ..rG��ti � ��/L�r't �r y� ..li°��. a ..fit e,,. (//I /�(�f/V' �� L�a,.���rY�� G%��l/ `fir ►`, Wim... CITY OF TIGARD, OREGON �� ( ORDINANCE NO. 86-L l 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 the Utility and Franchise Committee to make several modifications to Chapter 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 97219] 5150 SW Alger Avenue, Beaverton, OR 97005. ORDINANCE NO. 86— <G 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 increases are evenly distributed among the rates. The franchises shall 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 �4nd the [dir and indirect cost to the franchisee of doing b ness including, without limitation, investment in and/cost of disposal or resource recovery, soundness of /management, resource recovery revenues, services of man ement, cost of technological changes, costs of meeting g rnment regulation, projected revenues and and expense of ^oviding service, cost of meeting growth in service or,,.--tapital budget, rate for similar services in similar sptreas, a reasonable return to franchisee on the businea length of haul to disposal facilities, cost of us.e"'`of transfer or transfer facilities, future service demands, extra charges for off—day pickups, janitorial ser zcos picking up wastes around cans or other containers boxes, Saturday or holiday surcharge where such serviceprovided, minimum use of drop box service as a Gond' on for providing the service, and a surcharge for -91acked 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 Qeptember 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 hose listed in subsection (c) of this section and others applicable to :the franchised business. Fiscal year franchisees shall estimate 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 Recorder for the year ending the previous December 31st. ORDINANCE NO. 86— ly Page 2 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] April 1st on the franchisee reports and propose rate adjustments, if any. He may make such recommendations as appropriate to the rate determination. A copy shall be delivered to each franchisee. 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 day of h 1986. bo L -id-rlst�rr,--�ty--t Catherine Wheatley, Deputy Recorder -bb's APPROVED: This �S — day of _ k)2CVi►' " �, 1986. ,Jo Cook, Mayor WAM:bs2726P ORDINANCE NO. 86--Lau �� Page 3 Oregon Department of Environmental Quality Xe- A r CHANCE O COMMENT ® 2si 988 Proposed Rules Related to Providing the Opportunity CITY OF FIGAKL) to Recycle Source Separated Yard Debris PLANNIN Date Prepared: 5/12/88 Hearing Date 7/13/88 Comments Due 7/14/88 WHO IS Owners and operators of solid waste collection and disposal AFFECTED: businesses and their customers. Operators of yard maintenance services. Operators of yard debris processing facilities. Local governments. The public who generate yard debris. Individuals involved in the implementation of the Oregon Recycling Opportunity Act (ORS 459.005 to 459.285) . WHAT IS The Department proposes to amend Oregon Administrative Rules, PROPOSED Division 340, Section 60 to set standards for yard debris recycling programs, initiating a process for the collection of source separated yard debris from generators. Implementation would begin January 1, 1989. WHAT ARE THE These rules assign the responsibility for yard debris recycling HIGHLIGHTS: to local government. They set criteria for determining when an alternative method of providing the opportunity to recycle is acceptable. They also outline a planning and implementation process for yard debris recycling programs. The rules contain an enforcement procedure for jurisdictions which fail to provide the opportunity to recycle yard debris. HOW TO Public hearings will be held before a hearings officer at: COMMENT: 2:00 p.m. and 7:00 p.m. Wednesday July 13, 1988 Hearing Room - 2nd Floor Portland Building 1120 S.W. 5th Avenue Portland, Oregon Written or oral comments can be presented at the hearing. Written comments can also be sent to the Department of Environmental Quality, Hazardous and Solid Waste Division, 811 S.W. 6th Avenue, Portland, Oregon 97204, but must be received no later than 5:00 p.m. , Thursday. July 14, 1988. (OVER) FOR FURTHER INFORMATION: 811 S.W.6th Avenue Contact the person or division identified in the public notice by calling 229-5696 in the Portland area.To avoid long Portland,OR 97204 distance charges from other parts of the state,call 1-800-452-4011. 11/1/86 Copies of the complete proposed rule package may be obtained from the DEQ Hazardous and Solid Waste Division in Portland (811 S.W. 6th Avenue) . For further information contact Dave Rozell at 229-6165 . WHAT IS THE The Environmental Quality Commission may adopt the amendments and NEXT STEP: new rules identical to the ones proposed, adopt modified amendments and rules as a result of testimony received or may decline to adopt any changes to the existing rules. The Commission may consider the proposed amendments and new rules at its meeting on August 19, 1988. YF3027.D