HomeMy WebLinkAboutOrdinance 5395 06/22/1987 ORDINANCE NO. 5395 (SPECIAL)
AN ORDINANCE REGARDING THE EXCLUSIVE GARBAGE COLLECTION FRAN-
CHISE OF THE CITY OF SPRINGFIELD, REQUIRING THE FRANCHISEE TO PROVIDE
THE OPPORTUNITY TO RECYCLE IN ACCORDANCE WITH ORS 459 . 165-459 . 200
AND 459 .250 , EXTENDING THE FRANCHISE TO PROVIDE FOR A FIVE YEAR
ROLLING RENEWAL, AMENDING ORDINANCE NO. 3164 (SPECIAL) AND ORDINANCE
NO. 2366 (SPECIAL) AND DECLARING AN EMERGENCY.
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES ORDAIN:
Section 1 : Previous Ordinances . Ordinance no. 2366 ( Special )
approved February 10 , 1969 granted to Springfield Sanitary Service ,
an Oregon corporation doing business in Springfield, Oregon , the
exclusive right, franchise and privilege of collecting and hauling
over the streets of the City of Springfield, all garbage and refuse
as defined in Article 4-2-1 of the Springfield Code , 1965 and that
franchise was extended by Ordinance no . 3164 (Special ) approved
May 5 , 1975 for the period from March 1 , 1979 until March 1 , 1989 .
Sani-Pac Oregon Ltd. is the successor business entity to Springfield
Sanitary Service. Unless specifically amended or modified herein,
those previous ordinances shall remain in full force and effect.
Section 2 : Grant of Franchise. It is hereby granted to Sani-
Pac Oregon Ltd. , an Oregon corporation, doing business in Spring-
field, Oregon, hereinafter referred to as "Franchisee" , the exclusive
right , franchise and privilege of collecting and hauling over the
streets within the City of Springfield all garbage and refuse as
defined in Article 4-2-1 of the Springfield Code 1965 .
Section 3 : Exceptions to Grant of Franchise.
(1 ) The exclusive right , privilege , and franchise granted
under Section 2 is subject to the following exceptions :
(a) A person may transport solid waste which such
person produces , directly to an authorized disposal site
or recycling or resource recovery facility; Provided How-
ever , the solid waste produced by tenant , licensee , occu-
pant or person other than the owner of the leased, occupied
or licensed premises may be considered produced by the
landlord or property owner ; but provided further , owners or
groups of owners may not join for the purpose of commer-
cially transporting solid waste from properties of differ-
ing ownership.
(b) A person may contract with the State or a federal
agency to provide service to such agency under a written
contract with such agency.
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Ordinance No. 5395
Page 2
(c ) A person may engage in the practice of towing
or otherwise removing damaged, discarded or abandoned
vehicles or parts thereof, so long as such activity is
conducted in compliance with applicable state and local
laws .
(d) A person may engage in the practice of pumping,
transportation, and disposal of septic tank and cesspool
pumpings or other sludge , provided such activity is conduc-
ted in compliance with applicable state and local laws .
(e) A person who engages in an occupation , such
as gardener , landscaper , grounds keeper , or construction
contractor for a property owner or tenant in the City
and who produces thereby small volumes of solid waste
as a result of such work for a property owner or tenant
in the City may transport such solid waste in such person' s
own equipment where the solid waste produced is incidental
to the particular job the person is performing.
Section 4: Fee . In consideration of the granting of the priv-
ilege , right and franchise , the Franchisee hereby agrees to pay
the City of Springfield a franchise fee equal to three percent of
its gross receipts less that portion of user fees collected for
remittance to Lane County and that franchise fee is to be computed
from an annual certified financial statement from the franchise
holder , setting forth the number of residential and commercial
accounts in its franchise area and the receipts received therefrom.
City shall have upon reasonable notice right of access to Fran-
chisee ' s accounts and records relating to the collection of solid
waste in Springfield.
Section 5: Additional Fee , Free Service to City. As further
and additional compensation, the Franchisee shall remove all garbage
and miscellaneous refuse from the following administrative buildings
and offices of the City of Springfield: the City Hall/Library/Museum
complex, maintenance shops , fire stations , the police and court
administration buildings, and other administrative offices .
Section 6 : Opportunity to Recycle Must be Provided. As a
condition of the rights , privilege and franchise given hereunder ,
the Franchisee shall be required to provide all customers within
the City of Springfield with the opportunity to recycle and must.
comply with the requirements of Senate Bill 405 ( 1983) as now incor-
porated in the Oregon Revised Statutes Chapter 459 . 165-459 . 200 and
459 .250 together with all applicable rules and regulations promul-
gated thereunder by the State of Oregon Department of Environmental
Quality.
Section 7 : Term. The rights , privilege and franchise herein
granted to Franchisee shall be commenced on the 1st day of October ,
1987 , and shall be considered as a continuing five (5) year fran-
chise. That is beginning on October 1 of each year , the franchise
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Ordinance No. 5395
Page 3
will be considered renewed for an additional one ( 1 ) year term,
unless at least thirty ( 30) days prior to October 1 of any year the
City shall notify Franchisee in writing of the intent to terminate
the franchise. Upon the giving of such notice of termination , the
Franchisee shall have a franchise which will terminate five ( 5)
years from the date of notice of termination. After such notifica-
tion the City may extend the term or reinstate the continuing renewal
upon mutual agreement with the Franchisee. Nothing in this section
restricts the City of suspending, modifying or revoking the franchise
for cause pursuant to Section 14 of this franchise.
Section 8 : Annexed Areas . The rights and privileges of this
franchise shall not extend to any future additions to the City of
Springfield except that this franchise shall automatically extend
to include annexed areas to the City of Springfield at such time
as the Franchisee shall have as customers 100% of the customers
having garbage collection service in said area ; said area shall
thereupon be covered and governed by this franchise held by the
Franchisee and granted hereby.
Section 9 : Termination by Franchisee. In the event the Fran-
chisee shall desire to terminate service given under the terms of
this franchise , then it shall give not less than two years ' notice
of the intent to terminate service and obligations under the fran-
chise. In the event of a voluntary termination of service by the
Franchisee , the City shall have a right and option to purchase all
or any part of the equipment of the Franchisee at a price which
will be agreed upon between the parties . If the parties cannot
agree to a purchase price , then the same shall be submitted to arbi-
tration. Each party shall select one arbitrator and the two arbitra-
tors selected shall select a third party, and the three arbitrators
shall determine a fair and equitable price to be paid by the City
to the Franchisee for all equipment to be purchased. The costs
of arbitration shall be borne equally.
Section 10 : Indemnification. Franchisee shall defend, indem-
nify and hold harmless the City from and against any and all claims ,
suits , causes of action, loss or liability arising out of or related
to any activity of Franchisee , its agents and employees in the per-
formance of this franchise.
Section 11 : Emergency Service by City. The Franchisee agrees
as a condition of holding the franchise , that whenever the City
Council determines that the failure of service or threatened failure
of service would result in the creation of an immediate and serious
health hazard, the City may, after a minimum of twenty-four (24)
hours ' written notice to the Franchisee , and a public hearing if
requested by the Franchisee , authorize City personnel or other per-
sons to temporarily provide the service or to use and operate the
land, facilities and/or equipment of Franchisee. The City may
authorize expenses which are necessary to provide the service which
Franchisee is required to provide under this franchise. The City
shall return any seized property and the business of Franchisee ,
upon abatement of the actual or threatened interruption of service.
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Ordinance No. 5395
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If City is required to perform the services pursuant to this
Paragraph, City may bill Franchisee for the cost of providing the
same and Franchisee shall reimburse the City for the actual cost
of providing the services within ten ( 10) days after receipt of
the City' s bill . In the event Franchisee fails to reimburse the
City within ten ( 10) days after receipt of the City' s cost bill ,
City may employ all rights and remedies to which it may be entitled
under law to secure payment of the cost bill .
Franchisee shall be entitled to all customer account income
arising from the provision of the service by the City or other per-
sons pursuant to this Section.
Section 12 : Franchisee Assistance to Beautification Activities.
Franchisee agrees , as a condition to holding the franchise , to assist
City in clean-up and beautification activities by supplying free
drop-boxes to City on the following terms :
( 1 ) Franchisee agrees to provide a total of ten (10) drop-boxes
to City during each calendar year for a period not to
exceed seventy-two (72) hours for each drop-box, which
shall be used by City for refuse collection.
(2) Franchisee , upon forty-eight (48) hours ' notice by City,
shall deliver each box to the site specified by City,
and at the end of the seventy-two (72) hour period, Fran-
chisee shall have the right to remove the drop-box and
dispose of the material contained in the drop-box at a
location of Franchisee ' s choice.
( 3) City shall be responsible for obtaining a waiver of dump
fees from Lane County, or paying of such dump fees if
Lane County will not waive the dump fees for the ten (10)
drop-boxes . All other costs of delivery and removal of
the boxes shall be Franchisee ' s costs .
(4) Franchisee ' s responsibility for the delivery and removal
of the ten ( 10) drop-boxes shall be limited to the period
from November 1 through March 31 of the following calendar
year , during the -term of Franchisee ' s franchise. It is
understood that if the City requests five (5) or fewer
drop-boxes at any one time , Franchisee will probably be
able to provide that number at any time during the calendar
year.
Section 13: Sanitary Trucks. All trucks for the collection
of garbage and refuse used and operated by the Franchisee shall
be packer-type enclosed trucks , and shall be designed to be water-
tight and drip-proof, so that no garbage or waste water may at any
time spill or drip upon the streets of the City. All equipment used
by the Franchisee shall be kept and maintained in a clean and unoffen-
sive manner and shall be thoroughly washed, at least once a week or
as often as directed by the health officer of the City. It is under-
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Ordinance No. 5395
Page 5
stood and agreed that the Franchisee shall add to its equipment as it
may become necessary in order to properly and in a sanitary manner
collect the garbage and refuse within the City limits and to trans-
port the same as herein provided, and there shall at all times be
sufficient equipment to comply with the terms of this franchise.
All storage , collection, transportation and disposal of solid waste
shall conform to the applicable requirements of Oregon Revised
Chapter 459 and regulations promulgated thereunder by the State
Department of Environmental Quality.
Section 14: Termination by City for Cause. In addition to
the provision for termination of the franchise as provided in Section
7 , it is also understood and a condition of this franchise that
should the Franchisee fail , neglect or refuse to perform any of
the terms , provisions or stipulations of this agreement by him to
be performed, then after providing appropriate notice to the Fran-
chisee and time to correct the failure or in the event of neglect or
refusal to perform by Franchisee , the City shall have the right to
cancel this agreement and franchise. Such cancellation may be car-
ried out by the City in the event that there are any repeated uncor-
rected violations of this franchise , and such cancellation shall be
accomplished in the following manner : The City Manager shall keep a
record in writing of repeated uncorrected violations, and shall at
such time as in his discretion the same is warranted, call for an
explanation thereof by the Franchisee to the Common Council and
thereupon, if the Common Council at its own sole discretion shall
deem it in the best interests of the City that this franchise be
cancelled, then the same shall be forthwith cancelled by the Council
by nothing further than a resolution to that effect , and such find-
ings and actions on the part of the Council shall be conclusive. It
is further understood that continued repeated violations even though
corrected, shall constitute evidence of bad faith on the part of the
Franchisee , and shall in and of itself be sufficient basis for the
City Manager to call upon the Franchisee for an explanation before
the Council in the manner above stated to the end that this franchise
may thereupon be cancelled.
Section 15 : Rates . Rates for the collection of garbage and
refuse within the City limits shall be paid and collected as provided
in Article 4-2-5 of the Springfield Code 1965 .
Section 16: Rate Stability.
( 1 ) The Franchisee may, not later than June 30th of any
calendar year , apply for an adjustment in rate.
(2) In determining rates the City may give due consider-
ation to all relevant factors including, but not limited to ,
the following:
(a) Rates charged by collection services in other
Oregon cities ;
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Ordinance No. 5395
Page 6
(b) The most recent January Consumer Price Index
(CPI-W) for Portland, Oregon;
(c) The current schedule of any rates required by
Lane County; and
(d) Proposals made by Franchisee regarding an appro-
priate rate schedule.
( 3) Non-scheduled services may be provided for a reason-
able charge by Franchisee .
(4) Rate adjustments may be made not more often than
once per calendar year , provided, however :
(a) A supplemental rate adjustment may be requested
when the cost of service is increased or decreased by
governmental or environmental regulations in compliance
therewith; and
(b) Disposal cost established by a unit of local
government having jurisdiction may be immediately passed
on to customers .
Section 17 : Annual Report . The Franchisee shall submit not
later than August 15th of each year during the term of this franchise
to the City of Springfield an annual report regarding the franchise
operations which shall include the following:
(1 ) Activities in compliance and furtherance of the oppor-
tunity to recycle ;
(2) Number of customers and changes in number of customers
from previous report ;
( 3) Number of delinquent accounts and methods for collec-
tion;
(4) Number of complaints received regarding service and
the resolution of those complaints ;
(5) Any changes in equipment or disposal and dumping
facility or sites ;
(6) Summary of assistance to City beautification efforts ;
and
(7) Accidents or problems encountered in providing the
franchise service.
Section 18 : Transfer. Franchisee shall not transfer this
franchise in any way or any interest therein or transfer any owner-
ship interest in the franchise , including but not limited to the
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Ordinance No. 5395
Page 7
transfer of Franchisee stock without the prior written approval of
the City, which consent shall not be withheld if the proposed trans-
feree meets all the requirements imposed by this franchise and appli-
cable requirements of the municipal code relating to sanitation.
Section 19 : Insurance. Franchisee shall provide a certificate
of insurance to the City demonstrating comprehensive general liabil-
ity and automobile liability coverage in the combined single limit
of $2 ,000 , 000 bodily injury and property damage with the City as
a named additional insured.
Section 20 : Emergency Clause. The Common Council of the City
of Springfield does hereby declare that the pickup and collection
of garbage and refuse in the City of Springfield is a measure affect-
ing the general welfare and health of the City of Springfield and
declares therefore that the same constitutes an emergency and that
this ordinance shall take effect immediately upon its passage by
the Common Council and approval by the Mayor.
Adopted this 22nd day of ,lunP , 1987 , by a vote of
6 for and p against.
Adopted by the Mayor of the City of Spri g' ield this 22nd day
of June , 1987.
A
hyo i /i
ATTEST: (/
rCity Recorder
ACCEBD this 22nd day of June , 1987
Franchisee
REVIEWED & APPROVED
ATO FORM
DATE: e \`‘v1
OFFICE OF CITY ATTORNEY
CITY OF SPRINGFIELD
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