HomeMy WebLinkAboutOrdinance 5621 03/16/1992
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ORDINANCE NO. 5621
(SPECIAL)
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AN ORDINANCE AMENDING ORDINANCE NO. 5395 (SPECIAL)
PROVIDING FOR AN EXCLUSIVE GARBAGE COLLECTION FRANCHISE FOR THE
CITY OF SPRINGFIELD, AMENDING SECTION 4 PROVIDING FOR A FRANCHISE
FEE, AMENDING SECTION 6 RELATING TO THE OPPORTUNITY TO RECYCLE,
PROVIDING AN EFFECTIVE DATE OF APRIL 1, 1992 AND DECLARING AN
EMERGENCY.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
section 1: section 4 of Ordinance No. 5395 (Special) as
amended is hereby further amended to read as follows:
"section 4: Fee. In consideration of the granting of
the privilege, right and franchise, the Franchisee hereby
agrees to pay the City of Springfield a franchise fee equal
to five 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
Franchisee's accounts and records relating to the
collection of solid waste in Springfield."
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section 2: section 6 of Ordinance No. 5395 (Special) as
amended, be and it hereby is amended to read as follows:
"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 the opportunity to
recycle and must comply with the requirements of ORS
459A.005-459A.085 (former ORS 459.165-459.200) and ORS
459.250, together with all applicable rules and regulations
promulgated thereunder by the State of Oregon Department of
Environmental Quality utilizing at the least the following
program elements:
(a) Provision of at least one durable recycling
container to each residential service customer.
(b) On-route collection at least once each week of
source separated recycleable material to
residential customers provided on the same day
that solid waste is collected from each customer.
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(c) An expanded education and promotion program
conducted to inform citizens of the manner and
benefits of reducing, reusing and recycling
material. The program shall include those
elements provided in ORS 459A.010(c) (A), (B), (C).
ORDINANCE - Page 1
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(d) Solid waste residential collection rates that
encourage waste reduction, reuse and recycling
through reduced rates for smaller containers,
including at least one rate for a container that
is 21 gallons or less in size. Based on the
average weight of solid waste disposed per
container for containers of different sizes, the
rate on a per pound disposed basis shall not
decrease with increasing size of containers, nor
shall the rates per container service be less with
additional containers serviced, all as provided in
Springfield Code Section 4-2-5, subsection (2) as
amended effective April 1, 1992."
1992.
Section 3: This Ordinance shall be effective April 1,
Section 4: It is hereby found and determined by the
Common Council of the City of Springfield that matters pertaining
to garbage collection, franchising thereof, providing a new fee
and additional provisions as to recycling, are matters affecting
the public health and safety of the City of Springfield and that
an emergency exists, and that this Ordinance shall therefore
become effective on April 1, 1992 upon its passage by the Council
and approval by the Mayor.
Adopted by the Common Council of the City of Springfield
this 16th day of March , 1992, by a vote of 5
for and 0 against.
Approved by the Mayor of the City of Springfield this
16th day of March , 1992.
G~ \^^~~
WILLIAM MORR~TTE, Mayor
ATTEST:
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EILEEN STEI , City Recorder
ORDINANCE - Page 2
Drafted By.
Office Of
. The City AttOrnW
HARMS.. HAROLD a l!AHY