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Ordinance No. 75-57 CITY OF TIGARD, OREGON ORDINANCE NO a,S- 7 AN ORDINANCE AMENDING ORDINANCE No. 71- 21 AS AMENDED, TO PROVIDE FOR AN EXTENSION OF CONDITIONS AND TERMS REGULATING THE COLLECTION, HAULING AND DISPOSAL OF SOLID WASTE WITHIN THE CITY OF TIGARD; MAKING CERTAIN CLARIFICATIONS AND CHANGES IN SAID CONDITIONS; GRANTING AN EXTENSION OF AN EXCLUSIVE FRANCHISE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That Section 2 of Ordinance No. 71-21 adopted by the City Council on May 10, 1971 , as amended by Ordinance No. 73-26 and Ordinance No. 74-41 be and the same is hereby amended to read as follows: Section 2: Definitions for the purpose of this Ordinance, unless the context otherwise clearly requires, the following definitions are hereby prescribed and made applicable (a) "Can" means a metal storage container for solid waste with bails (handles) and a tight fitting lid or cover and not exceeding a capacity of 32 gallons nor a loaded gross weight of 60 pounds. Cans which are sunken into a receptacle in the ground shall not be serviced except those which are currently being serviced shall remain in service until such time as the can presently used is no longer usable. Upon replacement of such a can, the sunken service shall no longer be continued. All putrescible solid waste shall be placed in a can and shall not be bundled, boxed or otherwise stored. r (b) "Extra" means solid waste, in the form of bundles, boxed, loose x' refuse, or in cans, collected during a stop in addition to regular service for metal cans or containers provided to the same customer. (c) "Solid r�Waste means all putrescible and non-putrescible wastes, whether in solid or liquid form, except liquid carried industrial wastes or sewage or sewage hauled as an incidental part of a septic tank or cesspool cleaning service, or dead animals, but including garbage, rubbish, ashes, paper wastes, street refuse, ir_dustriai waste, swill, demolition and construction waste, abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid waste, and other discarded materials. Section_ 2: That Section 3 of Ordinance No, 71-21 adopted by the City Council on May 10, 1971 , as amended by Ordinance No. 74 be and the same is hereby amended to read as follows; SJF" ection 3• There is hereby granted to Ce Frank/dba Frank's Disposal Service the exclusive privilege and franchise of collecting waste materials and iCO• refuse as in this ordinance defined, ordinarily and customarily discarded from residences, and commercial and industrial establishments, excepting salvageable materials as herein defined, within that area of qty the City of Tigard as described on the attached map, Exhibit "A" by this reference made a part hereof, and the right to haul the ( same over the City streets for the purpose of disposal, as in this ordinance more particularly described. Notwithstanding the above, any person who is dissatisfied with service being rendered by the collector may file a complaint with the City Administrator stating the reasons for his dissatisfaction. The City Administrator shall review the complaint and if it is found to be reasonable he shall advise the collector of the complaint and the collector shall take such actions as will remedy the situation and prevent a similar situation from occurring in the future. If the biluai lull .i iivt --'I f tO.ily __solved or if rcpcated 'valid complaints are received, the complainant may proceed to file a written request with the City Administrator requesting that collection service be provided by another franchised collector. The City Administrator shall 1_old a hearing on the request for change of collector at which the complainant and the collector may be present to present their respective arguments and evidence. Upon conclusion of said meeting, the City Administrator may authorize another franchised collector in the City of Tigard to commence collection for the complainant subject to the willingness of another franchised collector to accept and service said account. The decision of the City Administrator may be appealed to the City Council and shall be heard in accordance with the procedure established in Section 15 hereof. The rights and privileges hereby granted sisll be effective with the effective date of this ordinance and shall remain in effect, subject to the terms and conditions hereof, until midnight December 31,1980, unless sooner terminated in accordance with the terms hereof. The City shall one year prior to termination of this franchise ordinance commence negotiations with the collector for a new franchise. In the event the City and the collector are unable to reach an agree- ment on such a new franchise after a period of 6 months, the City may negotiate with any qualified persons. Section 3: That Section 4 of Ordinance No. 71-21 adopted by the City Council on Max 101971 , be and the same is hereby amended to read as follows; Section 4s That in consideration of such right, privilege and franchise, the collector will pay to the City of Tigard each fiscal year during the term of this franchise, an annual fee equal to 3% of the gross annual receipts accruing to the collector from such service within the corporate bounds of the City of Tigard as designated on Exhibit "A", computed on a quarterly basis, and payable not later than 30 days following the endof each quarter fiscal year period. The collector shall maintain proper records :howing the gross receipts from the,service within said area and such records shall he open at all times to inspection and audit by authorized personnel designated by the City. "Gross annual receipts" shall be deemed to include all fees, remuneration or amounts actually paid to the Page 2 ORDINANCE No. collector within the purview of this ordinance within the corporate limits of the City of Tigard as illustrated on Exhibit "A" during any calendar year. Section 4: That Section 7 of Ordinance No. 71-21 adopted by the City Council on May 10. 1971 be and the same hereby is amended to read as follows: Section 7: Where service is contracted by a customer, the collector shall.; during the term of this franchise, collect and carry away all waste materials as defined in Section 2 of this Ordinance not less than once per week from the residences and commercial and industrial establishments of the City. Collections in residential areas shall not commence prior to 7:00 a.m. nor continue later than 3:00 p.m. except in case of emergency where the public health would be jeopardized by delay of pickup to the above stated hours. The collector shall collect offensive and wet garbage in the business district by 1:00 p.m. on each day set for collecting same. On all days which precede legal holidays, the collector shall collect the waste materials from butcher shops and other establishments having waste materials which may become foul or offensive by being kept over a holiday. _Section 5: That Section 10 of Ordinance No. 71- 21 adopted by the City Council on May 10, 1971 be and the same hereby is amended to read as follows: Section 10: In the event the customer or owner of the premises being served by the collector shall fail to discharge his financial obligation to the collector within 60 days after the accrual of the account, the collector may upon 7 days notice to the customer or owner and the City Administrator of Tigard, discontinue service until the delinquent account is paid in full. Section 6: That Section 13 of Ordinance No. 71- _ 1 be and the same hereby is amended by addition of the following to said Section 1.3. "Before permitting any person, firm or corporation to occupy a unit or units within a multiple family dwelling, or a single famiv rental unit, the owner of such unit or units shall make arrangements for and obtain solid waste collection service from a collector licensed under this ordinance for the benefit of the prospective occupant cF any such unit or units. The owner shall provide such collection service for the benefit of any occupant at all times that the unit or units are occupied. For purposes of this section of this ordinance, multiple family dwelling" means any residential unit other than a single family residential unit. A "single family l " a af •� i rental i.iiilt shall mea:. any single aml1ji reSiuei,ti.ai structure ` which is rented to a person other than the owner or contract purchaser of the structure, whether by lease or month to month tenancy. t Page 3 - ORDINANCE No. ? "—.5'7 Section 7: That Section 15 of Ordinance No, 71-71 adopted by City Council on May 109 1971 be and the same is hereby amended to read as follows: , Section 15: In the event the collector shall fail, neglect or refuse to fulfill any or all items and stipulations of this franchise to be by him performed, then the City of Tigard shall have the right to cancel and annul this franchise. Before any such cancellation, the City Council shall serve on the collector a written notice setting forth wherein the collector has failed in his duties and obligations set forth in this ordinance and fixing a time not less than thirty (30) days after service of said notice when the matter shall be heard before the City Council. At any such hearing, the collector shall have the right to be present in person and be represented by Counsel, and the City as well as the collector shall have the right to present such witnesses and proof as may be pertinent to the issues. The hearing shall be conducted in such manner as the Mayor and Council sha11 determine and the normal court rules of evidence shall not apply. The findings of the City Council shall be conclusive of the issues thus determined. Section 8: That Section ?0 of Ordinance No. 71-21 adopted by the Council on May 10 1971 and amended by Ordinance No. 74- 41 be and the same hereby is amended by adding the following to said Section 20: "The Council finds that from time to time a resale market exists for salvageable materials and that the customer may wish to sell such materials to the collector in connection with the collection and disposal of such materials for the customer. Subject to the provisions of this Section, the collector may enter into an agree- ment with the customer for the purchase of any and all salvageable materials generated by the customer." Section 9: That Section 22 of Ordinance No. 71-21 be and the same is hereby amended to read as follows: Section 22: The collector shall make arrangements to have provided a place or places within a one mile radius of the corporate limits of the City of Tigard where disposal service bills may be paid in person and shall further provide telephone services where the collector may be reached by the public in all matters and business related to his service, and maintain at his cost a listing under the appropriate heading in the telephone directory serving the City of Tigard. Section 10: That Ordinance No. 71- 21 as amended by subsequent ordinances, ._ Era including this ordinance, ..constitute the entire solid waste franchise and any portions of Ordinance No. 71-21 not expressly amended t by this or previous ordinances remain in full force and effect as if herein set forth in their entirety. Page 4 - ORDINANCE No. ? S'? Section 11: That inasmuch as the current franchise expires on December 31, 1975 and whereas the expiration of said contract would cause material threat to the health, safety and welfare of the City and its residents, an emergency is hereby declared to exist and this ordinance shall become effective upon the 1st day of January, 1976 at 12:01 a.m. provided the collector has prior accepted in writing the terms and conditions of this franchise as established in this and related Ordinances. Council members present, after being PASSED: By unanimous vote of all read three times by title and number only, this /5r day of ) ge- 19 y , 1975 Recorder - City of Tiga' APPROVED: By the Mayor, this _ day of �✓21.. al���s , 1975. Mayor - City of Tigard i a Page 15 - ORDINANCE No. T 1 N V i V V S V o V e G� to V Aaerw __.ftt••�gf.C.-1SJLJ�di41 '+i.�r}'j Y � i� �� 1 w ti ` R---- s`^ x� � j h r e � 5 "ort'(t ,( .� i' t f 1 Y � ,�� ,' t J� i�� r •S' O ` �{ '1T -yt-�lr r. W'• P J}}te F� A ? f.4�� .��,.�Ly a` # C AA -.^tf F N- .• �� �� .� y :.'v w.•r.a ' � e