Ordinance No. 99-03 CITY OF TIGARD,OREGON
ORDINANCE NO.99-U3
AN ORDINANCE AMENDING CHAPTER 11.04, SOLID WASTE MANAGEMENT, OF THE
TIGARD MUNICIPAL CODE TO TRANSFER MILLER SANITARY SERVICE, INC. FRANCHISE
10 U.S.A. 'WASTE OOGO . IN ., D .A. MITVVQCATTTRV SD17lrPQ AND
IU
DECLARING AN EMERGENCY.
WHEREAS, on January 11, 1999,Thomas Miller, President of Miller Sanitary Service, Inc. (franchise
Area II) gave the City notice of the pending sale of his b„ciness to U.S.A. Waste of Oregon, Inc. and
requested transfer of his solid waste franchise to that company;and
WHEREAS,on February 23, 1999,the Tigard City Council considered the matter of solid waste transfer
to U.S.A. Waste of Oregon, Inc. d.b.a. Miller's Sanitary Services under the provisions of Tigard
Muncipal Code Section 11.04.080 A;and
WHEREAS,on February ?13, 1999,the Tigard City Council found that the transferee met all applicable
requirements met by the original franchisees and found it in the best interest of the solid waste
customers in the solid waste franchise "Area II" to attach cmiditions appropriate to guarantee
maintenance of service and compliance with TMC 11.04.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Miller Sanitary Sen-ice, Inc. franchise in Area II is hereby transferred to U.S.A.
Waste of Oregon, d.b.a. Miller's Sanitary Services. This change will be codified in
TMC Section 11.04.040,B,2,and is hereby amended to read as follows [note:language
to be deleted is shown as stricken and language to be added is underlined]:
"Area II. M''.ff S--- 13' Service, 1HO, Thews N6116r- ido ; U.S.A. Waste of
Oregon Inc..d.b.a.Miller's SadtM Services,5150 S.W.Alger Avenue,Beaverton,OR
97005;"
SECTION 2: To protect the customers in franchise Area II, the Tigard City Council attaches the
following conditions to the franchise to guarantee maintenance of service and
compliance with TMC 11.04 and administrative rules promolgated under the authority
of 11.04.160.
a. Customer service the City of Tigard's Service Stmidards for solid waste
collection will be followed. This includes but is not limited to:
➢ Customer calls received by 1:00 PM must be returned the same day, unless
prevented by force of nature;
➢ Customer calls received after 1:00 PM must be returned by noon of the
following business day,unless prevented by force of nature;and
➢ Customer complaints shall be responded to promptly.
ORDINANCE No.99-(�'J
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It is recognized that these conditions may be modified should the City's Service
Standards be amen- ;d. The amendment process is addressed in TMC Section
• 11,04.160.
b. Uniformity of service—level,type and quality of service required by the City will
be provided by the franchisee in accordance with the the requirements in the Tig?rd
Municipal Code and administrative rules promulgated under authority of TMC
Section 11.04.160.
c. Responsibility for Miller Sanitary Service, Inc. 1999 financial operations
reporting—franchisee will present a 12-month, complete 1999 financial report to A
the City by March ln, 2000. This will include the period of time that Area II was
,franchised to Miller Sanitary Service,Inc. i
SEA-TION 3: The City Council finds that it is necessary that the provisions of this ordinance become
effective at the iii„e of---1P of Miller Sanitary Service,Inc.to U.S.A. Waste of Oregon.
Therefore, an emergency is declared to exist, and this ordia^.ancP shall take effect
immediately upon passage by the City Council, signature by the Mayor and the sale of -
Miller Sanitary Service,Inc.to U.S.A.Waste of Oregon is effected.
PASSED: By U nan i runs vote of all Council members present after being read by number and
title only,this ,-!day of , 1999.
Catherine Wheatley,City Record
APPROVED: By Tigard City Council this day of , 19
J Nicoli,Mayor
App:: .;d as to form:
CiWAttorney
2-
Date Date
iAdW ide\omhanc.ao:
ORDINANCE No.99-L--
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