12/21/1992 - Packet AGENDAA y) � � AA4 q
SOLID WASTE ADVISORY COMMITTEE l�� ( C
DECEMBER 21, 1992, 7:00 PM •J
TIGARD CIVIC CENTER - TOWN HALL CONFERENCE ROOM
13125 SW HALL BOULEVARD
TIGARD, OREGON
1. CALL TO ORDER
2. ROLL CALL: WOGEN DISPENZA IRWIN
JACOBS McREYNOLDS SULLIVAN
VACANT
3 . CALL TO AUDIENCE FOR NON-AGENDA ITEMS
4. APPROVE MINUTES: 11/16/92
5. PUBLIC HEARING - SWAC will consider their recommendation to the City
Council regarding amendment of the length of term of the Solid Waste
Management Ordinance codified as Tigard Municipal Code 11.04. This
amendment, if approved by the City Council, would change the term of the
franchise ordinance from 10 years with an automatic renewal clause, to a
7 year, automatically renewable, contract over the next three years.
• Open Public Hearing
• Declarations or Challenges
• Staff Report & Recommendation: Acting Public Works Director
• Public Testimony
Opponents
- Proponents
Rebuttal
• SWAC Questions
• Close Public Hearing
• SWAC Consideration and Recommendation
6. UPDATE ON SOLID WASTE ISSUES
A. ANNUAL REPORT FORMAT STATUS
7. SERVICE STANDARDS DRAFT REVIEW
8. OTHER BUSINESS
A. NEXT MEETING - JANUARY 25TH? (1/18 is a public holiday)
9. ADJOURNMENT
TO ENSURE A QUORUM TO CONDUCT BUSINESS, PLEASE CALL LIZ NEWTON AT 639-4171,
EXTENSION 308, IF YOU ARE UNABLE TO ATTEND.
LE/SWAC.AGN
AGENDA ITEM NO.
PLEASE PRINT
Proponent - (Speaking to Favor) Opponent - (Speaking Against)
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Name Name
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•
MEMORANDUM
CITY OF TIGARD, OREGON
TO: SWAC
FROM. Loreen Edin
DATE. December 15, 992
SUBJECT. PUBLIC HEARING-SOLID WASTE FRANCHISE ORDINANCE
INFORMATION SUMMARY
HISTORY
Council began to express a different philosophy regarding length of franchise terms as early as the rate Increase
hearings In the Spring of 1991. On 11/17/92, the Council requested a public meeting be scheduled for 12/15/92 for
the consideration of the term of the Solid Waste Ordinance. Specifically, Council wished to discuss whether to
allow the automatic renewal of the 10 year franchise to continue or whether to terminate the automatic renewal.
Under the current ordinance language, Council may act to continue the automatic 10-year renewal or may, by
majority vote, decide to terminate the automatic renewal by 12/31 of any calendar year. This process does not
require a public hearing nor a recommendation from SWAC and Is defined In TMC Section 11.04.050B.
Since Council has expressed a desire to have a shorter franchise term(5 to 7 years being discussed at the 11/17/92
meeting), staff worked with the Solid Waste Franchisees to negotiate alternative language proposals for Council
consideration. Staff and Franchisees discussed amending the ordinance to allow the set term of 10 years to begin
a "count down"should Council terminate the automatic renewal. When a time certain was reached In the count
down process(l.& when a certain number of years of the term were left)amendment language adopted now could
become effective inserting an automatic renewal clause. This plan could be adopted as a franchise ordinance
amendment and that process Is defined in TMC Section 11.04.080C and requires a SWAC recommendation and
Council public hearing.
HAULERS'REQUEST ON 12/8/92
On 12/8/92, the franchisees appeared before the City Council under Visitor's Agenda and requested time to make
a presentation to Council and requested an amendment to the franchise ordinance. Mr. Bill Martin, Executive
Director of the Washington County Haulers'Association, represented the three franchised haulers. He outlined
the history of Solid Waste services and charges over the last decade. Mr. Martin stated that the haulers were
aware that Council would be reviewing the franchise term at their meeting on 12/15/92. He offered as a
compromise position from the haulers a 7-year automatically renewable contract term, If Council's Intent was to
reduce the existing term of 10 years. Council consensus was to set a special public hearing for 12/22 at 5:30 PM
to consider termination of the 10-year automatically renewable language and a proposed ordinance amendment.
Council determined they would cancel their consideration of the franchise ordinance scheduled for 12/15/92. Staff
noted that SWAC would hold a public hearing on this Issue on 12121 so SWAC could provide a recommendation
for Council on the 22nd.
Attached Is a copy of the material presented by the haulers at the 12/8 Council meeting. Also, attached Is a
comparison of Tigard's franchise ordinance term of contract with 13 other cities In the tri-county area. This
synopsis shows an average of 7.6 years for length of franchise term with 4 cities currently providing automatic
renewal clauses for their haulers.
ACCEPTANCE OF FRANCHISE AMENDMENTS
In the past, Council practice has been that all franchisees must accept the same ordinance amendment language
In order for the amendment(s) to be valid. The current franchise ordinance does not require Council to continue
this practice,however, the attached ordinance and resolution, that will be considered at the 12122 Council hearing,
assume this practice will continue.
Also, Council has Indicated their desire to complete this process prior to the end of the 1992 calendar year.
Therefore, the attached ordinance also requires the franchisees to sign acceptance of the amendment, should it
be adopted,and file It with the City Recorder no later than 5:00 PM on December 30, 1992 or the amendment would
be null and void. Should any or all of the franchisees fall to sign an acceptance of this amendment within that
time, the attached resolution, if approved, would terminate any further automatic renewals of the 10-year term on
the existing ordinance.
PROPOSED ALTERNATIVES THAT COUNCIL CAN CONSIDER AT THEIR 12/22 MEETING
1. IF COUNCIL WISHES TO STOP AUTOMATIC RENEWAL OF EXISTING 10 YEAR FRANCHISE TERM AND ADOPT
FRANCHISEE'S PROPOSED LANGUAGE, COUNCIL'S MOTIONS WOULD BE:
• Motion to adopt attached ordinance to modify the language In TMC Section 11.04.050B to change the term
of the franchise to be seven years by January 1, 1995.
• Motion to approve the attached resolution.
2. IF COUNCIL WISHES TO STOP AUTOMATIC RENEWAL OF EXISTING 10 YEAR FRANCHISE TERM AND ADOPT
AMENDED FRANCHISEE'S PROPOSAL, COUNCIL'S MOTIONS WOULD BE:
• Motion to adopt amended ordinance to modify the language in TMC Section 11.04.0508 to change the term
of the franchise to a period of time other than 7 years.
• Motion to approve the attached resolution.
3. IF COUNCIL WISHES TO STOP AUTOMATIC RENEWAL OF EXISTING 10 YEAR FRANCHISE TERM AND NOT
AMEND THE EXISTING ORDINANCE, COUNCIL'S MOTIONS WOULD BE.
• Motion to not consider any ordinance modification at this time.
• Motion to terminate 10-year automatic renewal,pursuant to TMC Section 11.04.050, In order to give notice
prior to 12/31/92.
4. IF COUNCIL DOES NOT WISH TO STOP AUTOMATIC RENEWAL OF EXISTING 10 YEAR FRANCHISE TERM AND
NOT AMEND THE EXISTING ORDINANCE, COUNCIL'S MOTIONS WOULD BE.
• Motion to not consider any ordinance modification at this time.
• Motion to not approve the attached resolution.
ANTICIPATED FISCAL IMPACTS OF COUNCIL ACTION OPTIONS
1. Under the 7 year term proposal, the franchisee's believe that rate changes would not be necessary due to
the change in franchise term.
2. Under a shorter term proposal, the franchisee's believe that rate changes would be necessary due to the
change.
3. Under this option, staff believes that as the term of the contract goes below 7 years, that rate changes
could be necessary.
4. Under this option,staff and hauler's believe there would not be a rate change necessary due to this action.
STAFF RECOMMENDATION
Based on the consensus of Council at their 12/8/92 meeting, Staff Is recommending Alternative#1 above.
SWAC ACTION
In the existing franchise ordinance, TMC Section 11.04.080C requires SWAC to file a recommendation on proposed
language changes to the franchise ordinance with the City Council for consideration during Council's public
hearing. After SWAC has held their public hearing on 12/21/92 and received all public Input, they should consider
a formal motion of the Committee members present to adopt their formal position on the proposed language
change. SWAC may wish to send a Committee member to the Council hearing to file your recommendation, or
you can instruct staff to deliver the recommendation on your behalf.
WASHINGTON COUNTY HAULERS ASSOCIATION
Mission Statement
To protect the public health through the support
and enhancement of an efficient and effective
franchised collection system for solid waste and
recycled materials on a uniform basis in all
Washington County local jurisdictions.
A
A
w Typical Utility Charges for Single Family Households - Washington Co.
$80.00
$70.00
Disposal
•
$60.00
$50.00 Electric
$40.00 ---------------=--------
._._.-._._._ ---- Gas --------- -
------------
$30.00
Water ._.__.._.__..----..._.._..------- ---------__-----__.
$20.00
Cable
Phone_ __ --._.._.._._.._----------- ---------- ;" _.._.---�---
$10.00 _. .._.
Sewer -""-- --
Garbage
$0.00
Year Year Year Year Year Year Year Year Year Year Year Year Year
1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992
N
•rl
A
Residential
w Can Costs
3.48
Recycling
•'1?•': {�r:'i,'i:'r'iii:'i:::::Y. :k'i:: €:::rfii'�'�''
..tom}v-0Fi�•,t�H'+'•#i v:'::itir i4::':^:>:}! ji'{'�''iF.:.:::{'::ii�{i:
:;�/•.iy:.,f.:it:�•i.}ir,• x?fYry: .:�;....::.t:fKii
:� :?+o-'• •;,;?;•`•4.;t..:..:`•.::.f: f..Y:.?.p otibb::;rr:'•tw
�.{ ,�:;4::,2}:':J,>;:?;:ti•'.F•'t'{:5.:$fib::.:n�}Si�r, :t•:<:}:;:?:.
::r•.;' ^'oYF:<".. Y,•,G£tif'`x.....:i;.Sn.'•.'fi::�.�' ?:5.9'F .•::; + t:'':s: 3.35
..abb::vi
{:frit:fix' r
`£Fp:�';'' .'{.••. '>, {''i:: >.:::vi;:?ni.
''°,::• .•}Y7;,•.':j4f.;G�zo., r.�•tr•:a.�iEt?<.�•y. :::;�. '�i::
:; .;>: ...: . �-- Disposal
0
1.09 6.17
-�-- Collection
5.85
1986 1987 1988 1989 1990 1991 Source:City of Sherwood
M
A '
A
W
Where does your garbage dollar go?
Transfer Station Cost
Metro User Fees 4% DEQ Fee 1
12%
Long Haul aul
Cost
10%
Collection Expenses
54%
Landfill Cost
• 7%
Recycling Expense
9% Franchise Fees
3%
Source: Metro and Washington County, 1991
Exhibit 4
SATELLITE
VEHICLES SATELLITE
TRANS R
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
These Oregonians say they save money with a low-cost,
"do-it yoursey" dump station that
serves 6 yard packer trucks.
o building.No loader. No ramps.No Federal
Excise Tax(FET). I'
No,this transfer concept,involving the use of
� a
satellite collection vehicles,requires none of li
those investments. Yet executives at Miller's
Sanitary Service(Beaverton,Ore.)say their unique"do-it-
vourself'mobile transfer system yields the same benefits '!• -�5 — t
as a larger conventional big-packer-to-big-transfer-station
operation!
r.:
Miller's collects refuse from its residential customers in �
small maneuverable 6-yard packers,which when full
_
dump their contents into compactor-equipped containers.
When the containers(located in a convenient,central loca-
tion)are full,they are hauled to a landfill by conventional =,A
roll-off tractors.
A concentration of accounts near the company office led
.Ailler's to locate the mobile transfer operation in its main
yard. However, if the company's service area becomes ex-
tended,the off-loading point could easily be moved one or
more times each day to various convenient locations. Miller's collection vehicles average two loads per day in winter,
Purchase or lease of a satellite commercial lot might three loads per day in summer. That's an average of 250 stops
per one-person crew.
even be practical,claims Tom Miller,company president.
So would renting space at a service station.or a corner of a
cooperating customer's property—any cominunity-cont- Downsized packers offer savings
patihle area where small refuse vehicles and over-the-road Miller's mobile transfer system consists of four Peerless
tractors would have room to back up to the parked,com- 6-yard PRT-6 packers on Isuzu chassis,two Peerless PTS- i
pactor-equipped containers. 24 portable transfer stations and three tandem-axle tractors i
SEPTEMBER 1989/WASTE AGE 157
!1
t i
i Satellite Conld.
` i
i (two 285 hp Volvos and one 290 hp International),with the company.
i Superior,Cascade,and Peerless-Magnum roll-off Today,Miller's 20 trucks and 22 employees serve 8,500
attachments. residential and 450 commercial customers.Most of the com-
With their six-wheel,single-rear-axle 1 1,250-pound pany's residential collections are in Tigard,Beaverton and
tiltcab chassis,the small packers have no problem meeting other locations in the southwest part of greater Portland.
ii
the strictest truck weieht laws currently in force or pro- Most customers live in single-family subdivision homes.
posed.They're easy to operate—so should forecasts of Collections are made once a week from any accessible
I,I heavy truck personnel shortages come true(see article in point,though,for insurance reasons,company personnel ,!o
June Waste Age),driver recruiting would be no great longer go inside buildings or fenced areas. Normally,
j1 problem. vehicles stay on public thoroughfares to minimize company
Of course,the smaller vehicles cost less to purchase and liability for property damage.Rates,based on number of
it operate.There's an easily computable savings taken right 30-gallon cans serviced,currently average$10.25 per can
off the top:The smaller vehicles are not subject to the FET per month.
of 12%upon purchase,as are the heavier large-sized packer Though collectors make it a public relations practice to
I
trucks. take a few boxfuls of trash as well,they record locations
where excess set-outs seem to be a practice.
That data is keyed into the company's cor:-
:, I
puter,and explanations and additional bill-
ings are made directly to the customer.Cus-
tomers are billed every other month.
"To best serve our clients,we'll take
f anything but hazardous wastes,"says
Miller."But,because we pay by the pound
�i for disposal,we find it necessary to charge
extra for extra amounts of items that require
special handling."
Disposal costs in the area range from
$42/ton to$45/ton,depending on location;
•
that's up by$16 to$19 per ton over the
rates just one year ago.
One-worker/mini-packer team
Typical transfer operations start with house-
to-house yard and curbside pickup by one
man and his PRT-6 satellite vehicle.Each
! of Miller's four units collects from an aver-
age of 250 homes per day—two loads per
Small vehicles wouldn't be practical with a long haul to a day in winter,with its traditionally lighter accumulations;
landfill or other tipping spot.But Miller's uses its convenient and three in summer.
yard as an off-loading point.
In fact,individual accumulations vary so much by sea-
. . . . . . . . . . . . . . . . . . .. . . . . . . .
son that some residents change their service agreement and
85 years of service payment from one can in winter to two or more cans in
summer.
Miller's Sanitary Service,Inc.was founded in 1904 by Collectors use 50-gallon aluminum containers held on
Henry Miller,who was active in the firm until his death in their shoulders to tote the refuse.They empty it in one mo-
1964. His son,Carl,ran the organization until his retire- tion into the side opening of their vehicles.Though these
ment in 1984. when his son,Tom. who grew up in the busi- packers are small,they carry a lot.Company records show
ness.became CEO.Ton's wife, Barb, works full-time as densities average about 600 pounds per yard(3,600 pounds
'i
office manager;and their son.Dean, 17,began working per load). In winter,when there is additional moisture in
summers three years ago as a fourth-generation Miller in the collections.loads range up to 4,200 pounds per vehicle.
158 WASTE AGE/SEPTEMBER 1989
Exhibit 5
CITY OF TIGARD - SOLID WASTE HISTORY
1904 Miller's Sanitary Service Founded
1947 Schmidt's Sanitary Service Founded
1961 City of Tigard Incorporated
1978 Franchising Established in the City of Tigard
1980 Metro Established
1983 Oregon Opportunity to Recycle Act Passed
1983 Oregon City Transfer Station Opened
1986 Pride Disposal Company Founded
1986 Curbside Recycling Established
1989 On-Call Yard Debris Recycling Established
1989 Columbia Ridge Landfill Opened
1990 Five Year Waste Reduction Plan Adopted
1990 Weekly Curbside Recycling Established
1991 Oregon Recycling Act Passed
1991 Medical Waste Collection Established
1992 Curbside Recycling Bins and Mini-can Service Established
1993 Household Hazardous Waste Collection Established
1993 Multi-Family Recycling Completed
1993 Commercial Recycling Enhanced
1993 Curbside 35 Gallon Carts with Automation Established
1994 Curbside Recycling of Yard Debris Established
199? Waste Paper and Plastic Recycling Established
• • Exhibit 6
Estimated Costs for Automated Residential Collection
City of Tigard
A 5 Year Schedule A 7 Year Schedule
Loan Amount: $976,000.00 Loan Amount: $976,000.00
Annual Interest Rate: 10.00% Annual Interest Rate: 10.00%
Term in Years: 5 Term in Years: 7
Monthly Payment: $201737.12 Monthly Payment: $16,202.76
Total Payments: $1,244,227.20 Total Payments: $1,361,031 .84
Cost per Customer: $2.59 Cost per Customer: $2.03
Extra Cost per
Customer per Month: $0.57
• i
SOLID WASTE ORDINANCE COMPARISONS
CITY FRANCHISE TERM AUTOMATIC RENEWAL
CLAUSE
BEAVERTON 5 year No
DURHAM 5 year No
FOREST GROVE 5 year Yes
GRESHAM 5 year No
HILLSBORO 7 year No
KING CITY 5 year Yes
LAKE OSWEGO 7 year No
MILWAUKIE 20 year No
OREGON CITY 10 year No
SHERWOOD 10 year Yes
TIGARD 10 year Yes
TUALATIN 5 year No
WEST LINN 10 year No
WILSONVILLE 3 year Yes
FOLLOWING IS A BREAKDOWN OF FRANCHISE TERMS FOR THE 14 CITIES:
3 YEAR- 1 - with It being automatically renewable
5 YEAR- 6- with 1 being automatically renewable
7 YEAR-2
10 YEAR- 4- with 2 being automatically renewable
20 YEAR- 1 - with termination consideration available every 5 years
THE AVERAGE 1S 7.6 YEARS FROM THE DATE OF GRANTING THE FRANCHISE. SINCE ONLY 5 OF THE
14 CITIES GRANT AUTOMATIC RENEWALS, THE ACTUAL TIME LEFT ON THE AGREEMENTS 1S NOT
REFLECTED IN THIS REVIEW OF ORDINANCE LANGUAGE.
Dated 12/4/92- L. Edin
LE:CC1222
• CITY OF TIGARD, OREGON
ORDINANCE NO. 92-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIGARD AMENDING CHAPTER 11.04, SOLID WASTE
MANAGEMENT, RELATING TO FRANCHISE TERM AND AUTOMATIC RENEWAL
WHEREAS, pursuant to Section 11.04.080(C) of the Tigard Municipal Code, an amendment to the solid waste
management franchise has been proposed;and
WHEREAS, the proposed amendment would change the term of the automatic franchise renewal from ten years
to seven years;and
WHEREAS, the Solid Waste Advisory Committee has reviewed the proposed amendment and made a
recommendation to the City Council;and
WHEREAS, on December 22, 1992, the City Council held a public hearing to gather Input on the proposed
amendment;now, therefore,
THE CITY OF TIGARD ORDAINS AS FOLLOWS.
SECTION 1. Subsection B of section 11.04.050 of the Tigard Municipal Code Is hereby amended to read.
"B. Unless the council acts to terminate further renewals of the franchises herein granted.
each January 1st, the franchises are automatically renewed for a term of ten years from the
January 1st renewal; on January 1, 1993, the franchises are automatically renewed for a
term of nine years;on January 1, 1994, the franchises are automatically renewed for a term
of eight years;and, on January 1, 1995, and on each January 1st thereafter, the franchises
are automatically renewed for a term of seven years from the January 1st renewal."
SECTION 2. All of the franchisees shall sign an acceptance of this amendment and said acceptances shall be
filed with the City Recorder by 5.00 pm on December 30, 1992 or this ordinance and amendment
shall be null and void.
SECTION 3. This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor,
and posting by the City Recorder;and upon acceptance by the franchisees pursuant to Section 2
above.
PASSED: By vote of all Council members present after being read by number and title
only, this day of , 1992.
Catherine Wheatley, City Recorder
APPROVED: This day of , 1992.
Gerald R. Edwards, Mayor
Approved as to form:
City Attorney Date
ORDINANCE No. 92-
Page 1
0 CITY OF TIGARD, OREGON
RESOLUTION NO. 92-
A RESOLUTION OF THE TIGARD CITY COUNCIL TERMINATING FURTHER RENEWALS OF THE SOLID
WASTE MANAGEMENT FRANCHISES IF AMENDMENT OF THE FRANCHISES IS NOT ACCEPTED BY
DECEMBER 30, 1992.
WHEREAS, pursuant to Tigard Municipal Code Section 11.04.050, the City Council may act to terminate
further renewals of the solid waste management franchises;and
WHEREAS,the City Council finds It beneflcial to the City to limit the term of the solid waste franchises;and
WHEREAS, the City Council has adopted an amendment to Chapter 11.04,Solid Waste Management which
would amend the automatic renewal provision of the solid waste management franchises;and
WHEREAS,pursuant to Tigard Municipal Code Section 11.04.080(C), the amending ordinance will only be
effective upon acceptance by the franchisees,and
WHEREAS, N the franchisees fall to accept the amendment, the City Council will have missed Its
opportunity to act to terminate further renewals of the franchises;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that.
Section 1. Pursuant to Tigard Municipal Code Section 11.04.050, the Tigard City Council hereby acts
to terminate further renewals of the solid waste management franchises. Said franchises
shall now terminate on December 31, 2001.
Section 2. This resolution shall only be effective if the franchisees,as set out In Tigard Municipal Code
Chapter 11.04, fall to accept Ordinance No. 92- by 5:00 pm on December 30, 1992.
PASSED: This day of , 1992.
Mayor- City of Tigard
ATTEST.
City Recorder- City of Tigard
RESOLUTION NO. 92
page 1
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Pat Reilly
FROM. Loreen Edin
DATE: December 7, 1992
SUBJECT. SOLID WASTE ORDINANCE TERM REVIEW
HISTORY
Council began to express a different philosophy regarding length of franchise terms as early as the rate
Increase hearings In the Spring of 1991. On 11/17/92, the Council requested a public meeting be
scheduled for 12/15/92 for the consideration of the term of the Solid Waste Ordinance. Specifically,
Council wished to discuss whether to allow the automatic renewal of the 10 year franchise to continue or
whether to terminate the automatic renewal. Council may act to continue the automatic renewal or may,
by majority vote, decide to terminate the automatic renewal before 12/31/92. This process does not
require a public hearing and is described in TMC Section 11.04.050 (attached for your reference).
ACTION SINCE 11/17/92
Since Council has expressed a desire to have a shorter franchise term (5 to 7 years being discussed at
the 11/17/92 meeting), staff has been working with the Solid Waste Franchisees to negotiate alternative
language proposals for Council consideration. Staff and Franchisees have discussed amending the
ordinance to allow the set term of 10 years to begin a 'count down,should Council terminate the automatic
renewal. When a time certain is reached in the count down process (i.e. when a 5 or 7 year term is left)
amendment language adopted now could become effective again Inserting an automatic renewal clause.
This plan could be adopted as a franchise ordinance amendment, amending Section 11.04.050B.
Attached is a comparison of Tigard's franchise ordinance term with 13 other cities in the tri-county area.
Since there are three franchisees with different management philosophies, staff has been unable to obtain
consensus for one proposal for an ordinance amendment. Therefore, the process for franchise ordinance
amendments has not been met to allow a change in the language before December 31, 1992. TMC Section
11.04.080C requires proposed amendments be presented to the Solid Waste Advisory Committee (SWAC).
After the Committee prepares a recommendation for Council, a Council public hearing must be held prior
to adoption of amendments. The franchisees may, but are not required to, accept the proposed
amendments if Section 11.04.050B is modified.
12/15/92 COUNCIL OPTIONS
At the public meeting on 12/15, the Council can take action to continue or terminate the automatic renewal
terms of the Solid Waste Franchise Ordinance. Should there be a desire to consider adoption of amended
language regarding the franchise term, Council should direct staff to begin the process of amending the
negotiations, presentation to SWAG and then scheduling existing franchise. The ego , p 9 of a Council public
hearing is anticipated to take 45 to 60 days.
•
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.
5. Section 11.04.070 (11) requires franchisees to provide the opportunity to
recycle, to include on-route recycling, in accordance with applicable
law. This subsection is intended to provide a process by which the
Council may create on-route recycling requirements in addition to those
�,..�.•�� found in other applicable law.
11.04.050 Franchise--Term-Automatic renewal when.
A. The rights, privileges and initial franchise granted herein shall conJherein
be in full force to and including the thirty-first day of December 1988
to terms, conditions and payment of franchise fees to the city as set
this chapter.
B. Unless the council acts to terminate further renewals of the franchisgranted, each January lst, the franchises are automatically renewed f
of ten years from the January 1st renewal.
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 conducted 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 franchisee 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 revocation of the franchise, pursuant to Section 11.04.080
of this chapter.
C. The franchise fee shall be in lieu of any business license or regulatory fee or
tax, but shall not be in lieu of any ad valorem tax, imposed by the City of
Tigard.
11.04.065 Franchisee Records.
A. Franchisee shall keep accurate books and records related to all solid waste
activities. Such books and records shall be open to inspection by the City, its
attorney, or other authorized agent at any time during the franchisee's business
hours.
B. The City may audit or review said books and records as it deems necessary.
Information obtained from such audits or reviews may be used to determine the
amounts due to the City under the provisions of this franchise agreement. Such
information may also be used by the City to determine costs of particular
services, to determine changes to the schedule of solid waste rates, or for any
other regulatory purpose related to the administration of this chapter. The City
shall maintain the confidentiality of such records to the extent allowed by the
Oregon Public Records Law. However, the City may provide information obtained
pursuant to this franchise to other governmental agencies involved in the
regulation of the provision of solid waste services. If such information is
shared, the City shall, prior to delivery of the information, receive a written
assurance from the receiving agency that the confidentiality of the information I
shall be maintained to the extent allowed by the Oregon Public Records Law.
11.04.070 Responsibility of franchisee.
A. The Franchisees 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 promulgated thereunder;
Effective 1/16/92 Page 6
SOUD WASTE ORDINANCE COMPARISONS
cny FRANCHISE TERM AUTOMATIC RENEWAL
CLAUSE
BEAVERTON 5 year No
DURHAM 5 year No
year Yes
FOREST GROVE 5 y
GRESHAM 5 year No
HILLSBORO 7 year No
KING CITY 4 year No
LAKE OSWEGO 7 year No
MILWAUKIE 20 year No
OREGON CITY 10 year No
SHERWOOD 10 year Yes
TIGARD 10 year Yes
TUALATIN 5 year No
WEST LINN 10 year No
WILSONVILLE 3 year Yes
FOLLOWING IS A BREAKDOWN OF FRANCHISE TERMS FOR THE 14 CITIES:
3 YEAR - 1 - with it being automatically renewable
4 YEAR - 1
5 YEAR - 5- with 1 being automatically renewable
7 YEAR - 2
10 YEAR-4- with 2 being automatically renewable
20 YEAR- 1 - with termination consideration available every 5 years
THE AVERAGE IS 7.5 YEARS FROM THE DATE OF GRANTING THE FRANCHISE. SINCE 4 OF THE
14 CITIES GRANT AUTOMATIC RENEWALS, THE ACTUAL TIME LEFT ON THE AGREEMENTS IS
NOT REFLECTED IN THIS REVIEW OF ORDINANCE LANGUAGE.
Dated 12Z4M- L. Edin
LE:CC12.15