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Ordinance No. 86-66 CITY OF TIGARD, OREGON Ir ORDINANCE NO. 86-_LLb' AN ORDINANCE AMENDING CHAPTER 11.04, SOLID WASTE MANAGMENT, OF THE TIGARD MUNICIPAL_ CODE. WHEREAS, on November 24, 1986, the City Council heard the recommendation of ® a i Committee to make several modifications to Chapter the Utility and Franchise P 11.04 of the Tigard Municipal Code to recognize changes in solid waste franchisee ownership; and WHEREAS, the City Council also considered recommendation to modify the procedures and time limits for solid waste franchisee later analysis and adjustment; and WHEREAS, the City Council denies to amend Chapter 11.04 to incorporate all changes recommended by the Utility and Franchise Committee at the November 24, 1986 Council meeting. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Section 11.04.040(b)(1) shall be amended to read as follows: Language to be deleted is shown in [brackets] and language to be added is underlined. (1) Area I [Frank's Disposal Service, Inc. , Herb Frank, President, 15890 SW Colony Drive, Tigard, OR 97223;] Pride Disposal Company, Lorry Leichner, President, P.O._ Box 839, Sherwood, OR 97140. Section 2`.- Section 11.04.040(b)(2) is amended to read as follows: (2) Area II. Miller Sanitary Service, Inc., [Carl] Thomas Miller, President, [7764 SW Capital Highway, Portland, OR 972193 5150 SW Alger Avenue, Beaverton. OR 97005. v ORDINANCE NO. 86- Page' 1 Section 3: Section 11.04.090(c) is amended to read as follows: (c) Rates to be charged by the franchises under this chapter shall be set by the city council by resolution as deemed necessary by the council. Except, increases in charges to the franchises for solid waste disposal site fees imposed by a governmental agency may be included in the rates by council resolution, provided such increa%.eo ar- diitributed among the rates. The franchises ,=:M11 provide sixty days written notice with accompanying justification for all other proposed rate changes. The council shall give due consideration to the purposes of this chapter and the [direct and indirect cost to the franchisee of doing business including, without limitation, investment in and cost of disposal or resource recovery, soundness of management, resource recovery revenues, services of management, cost of technological changes, costs of meeting government regulation, projected revenues and and expense of providing service, cost of meeting growth in service or capital budget, rate for similar services in similar areas, a reasonable return to franchisee on the business, length or haul ro dispos«i facilities, cost of use of transfer or transfer facilities, future service demands, extra charges for off–day pickups, janitorial services picking up wastes around cans or other containers or boxes, Saturday or holiday surcharge where such service is provided, minimum use of drop box service as a condition for providing the service, and a surcharge for blocked access or container, can or drop box not ready to dump, based on time and expense.] Annual Report filed by franchisees Section 4: Section 11.04.090(e)(1) is amended to read as follows: (1) On or before eptember 1st, the franchisee shall supply a report of current income and expense together with projected income and expense for the year beginning January 1st_ and — ending the following December 31st together with existing and proposed rates. Income and expense reported may include any or all of those listed in subsection (c) of this section and ni�hara applicable to the franchised business. Fiscal year franchisees shall e5ti,Tiate revenue and expense from date of actual expense and income records to June 30th.] March 1st the franchisee shall file an annual report (Exhibit "C") with the City Retarder for the year ending the previous December 31st. ORDINANCE NO. 86- 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] Agril 1st on the franchisee reports and propose rate adjustments, if any. He may make such recomri-janda+tions as appropriate to the rate determination. A copy shall be delivered to each franchisee. s Section 6: Section 11.04.090(e)(4) is amended to read as follows: (4) Unless there is good cause shown and recorded in the minutes of the county, the council shall act upon any rate adjustment by [November 30th] May 31st and the adjustment shall take effect [January 1st] June 1st. Rate adjustments shall be by resolution and order of the council. PASSED: By vote of all Council members present after being read by number and title only, this 15 b" _ day of tom' 1986. w n-r�-- 1 ,-�i ty Catherine Wheatley, Deputy Recorder APPROVED: This , day of ICP P&6t, 1986. ,n Jo =E. Cook, Mayor WAM:bs2726P ORDINAfXE NO. 86- Page 3 r-: