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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) F me \A A - zName dress `��q 1 1J t9J &)eE*)S G2 6iLLsibf?16 Address Name Name Address Address Name Name ress Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name ame Address Address • 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