Ord. 2647 - Solid Waste Franchise COUNCIL BILL NO. 3301
ORDINANCE NO. 2647
AN ORDINANCE REGULATING SOLID WASTE MANAGEMENT INCLUDING, WITHOUT
LIMITATION, GRANTING AN EXCLUSIVE SOLID WASTE FRANCHISE TO UNITED
DISPOSAL SERVICE, INC., AN OREGON CORPORATION, dba REPUBLIC SERVICES OF
MARION COUNTY - WOODBURN; ESTABLISHING SERVICE STANDARDS AND
ESTABLISHING PUBLIC RESPONSIBILITY; REPEALING ORDINANCE 2554 AS AMENDED
BY ORDINANCE 2635; PRESCRIBING PENALTIES; AND STATING AN EFFECTIVE DATE
WHEREAS, Oregon Revised Statutes (ORS) Chapter 459 grants to the City of
Woodburn ("City") the authority to regulate solid waste collection and mandates
the development of a recycling program; and
WHEREAS, the City desires to ensure efficient and comprehensive solid
waste management and collection services are available to all residents,
business and organizations within the City; and
WHEREAS, the City council has determined that public health, safety, and
well-being require an exclusive franchise be awarded to a qualified company
for the collection, transportation, processing and disposal of solid waste,
recyclables, yard debris, and food scraps; and
WHEREAS, at the January 13, 2025, meeting of the City Council, a public
hearing was held resulting in an extension of the existing franchise through
February 26, 2026, in order to allow the existing Franchisee and the City time to
negotiate an updated franchise agreement; and
WHEREAS, at the May 11 , 2026, meeting of the City Council, a public
hearing on this Franchise Agreement was held, resulting in a vote authorizing the
City Manager to enter into this Franchise Agreement;
NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Introduction. This Ordinance shall be known as the "Solid Waste
Management Ordinance," hereinafter referred to as "this Ordinance."
Section 2. Purpose & Goals. In order to protect the health, safety, and
welfare of the people of the City of Woodburn, it is the public policy of the City
of Woodburn to regulate and to provide a solid waste management program.
This regulation will:
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A. Ensure the safe and sanitary accumulation, storage, collection,
transportation and disposal or resource recovery of solid wastes. Ensure
that the community has an ongoing resource recovery and disposal
service, and ensure that waste shed recycling goals are met.
B. Promote technologically and economically feasible resource recovery
including source separation, recycling and reuse, and separation by
and through the collector. Research, develop and promote waste
reduction strategies.
C. Ensure efficient, economical, and comprehensive solid waste service.
Maximize collection services to reduce the adverse environmental
impacts of individual collection and disposal efforts. Minimize
duplication of services or routes to conserve energy and material
resources, to reduce air pollution and truck traffic, and to increase
efficiency, thereby minimizing consumer cost, street wear, and public
inconvenience.
D. Protect and enhance the public health and the environment.
E. Protect against improper and dangerous handling of hazardous and
infectious wastes.
F. Ensure service rates and charges that are just, reasonable, and
adequate to provide necessary public services.
G. Provide for charges to the users of solid waste services that are
reasonable, equitable, and adequate to provide necessary service to
the public, justify investment in solid waste management systems, and
provide for equipment and systems modernization to meet
environmental and community service requirements.
H. Prohibit discrimination on the basis of race, color, creed, religion, sex,
age, and national origin, source of income, political affiliation,
disability, sexual orientation, or marital status.
I. Work in cooperation with the City of Woodburn, Marion County, and
local industries to reduce the quantity of waste produced, increase
recycling, generate efficiencies, and conserve resources.
J. Demonstrate a responsive, customer-service oriented business
philosophy.
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Section 3. Scope. The services defined, regulated, and authorized in this
Ordinance are applicable only within the City limits of the City of Woodburn and
all future annexations during the term of this Ordinance.
Section 4. Definitions.
A. For the purpose of the ordinance, the following terms shall have the
following meaning:
1 . Allowable Expenses. Those expenses incurred by Franchisee of
this Franchise that are allowed by the City as reimbursable by
the Customer, as enumerated below. Allowable Expenses are
allowable only to the extent that such expenses are known and
measurable, calculated according to Generally Accepted
Accounting Principles (GAAP) on an accrual basis, and comply
with the Cost Allocation methodology contained within this
Ordinance for the Franchisee's operations within the City, do not
exceed the fair market value of comparable goods or services,
and are commercially reasonable and prudently incurred by the
Franchisee solely in the course of performing its obligations under
the Franchise. See the definition for "Cost Allocation" regarding
how certain overall costs are to be proportionally allocated.
Excepting expressly unallowable costs as listed in subsection 56
below, Allowable Expenses include the following:
a. Costs of complying with all laws, regulations, or orders
applicable to the obligations of Franchisee under
federal, state, or local law, including this Ordinance, as
well as costs for financial reporting, accounting, and
regulatory processes associated with or required by this
Franchise or under law, as now or hereafter amended ;
b. Costs of collection, transportation, transfer, and disposal,
including tipping fees, excise taxes, and DEQ-imposed
fees and taxes;
c. Labor costs, including operational and supervisory labor,
payroll taxes, workers' compensation, and benefits, as
well as third-party transportation costs;
d. Vehicle registration fees, motor fuel, oil, tires, repairs, and
maintenance;
e. New vehicle and equipment purchases, amortized
according to applicable historical trends and
Franchisee's fixed asset policy, excluding vehicles or
equipment that are part of a pilot project or
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experimental technology, except as otherwise
authorized by City Council;
f. Expenses of maintaining other capital assets, including
rental charges and/or operating lease payments and
repair and maintenance, including container
maintenance and repair costs;
g. Performance of bonds and insurance in at least the
amounts and coverages required by the City;
h. All administrative and management costs and expenses
reasonably allocated for the Services required under this
Franchise, including, but not limited to, compensation,
management fees, and benefits for officers and
employes, payroll taxes, data processing, billing,
equipment or facility rental or lease costs, supplies,
finance and accounting, administration, human
resource and labor management, rate analysis, and
regulatory compliance;
i. Utilities;
j. Training, worker safety, and employee development
expenses;
k. Depreciation and amortization of capital assets,
including any necessary stand-by or back-up equipment
used on a regular and ongoing basis in the provision of
Services under this Franchise over standardized
economic useful lives of the various assets;
I. Outside professional fees and costs, limited to two
percentage points of revenue, unless an extraordinary
circumstance exists;
m. Interest expense, other than interest paid with respect to
route or Franchise acquisitions, that is not in excess of
market rates ordinarily charged for the various types of
financing required for purchases or leases;
n. Direct write-off charges for bad debts;
o. Franchise Fees assessed by the City; and
p. Expenses relating to public education and outreach.
Allowable Expenses, as defined above, shall be reasonable if
they are comparable with the expenses incurred by similarly
situated solid waste and recycling collection companies in
Marion County, Oregon. If there is any disagreement or
discrepancy regarding what is considered an "Allowable
Expense" or"Unallowable Expense," or the amount of an
"Allowable Expense," Franchisee and the City will work together
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to resolve the discrepancy. If no resolution is reached, the parties
will agree to mediate the discrepancy, in addition to any other
legal or equitable remedies that may be available to the parties.
2. Annual Franchise Report. The report submitted by the
Franchisee to the City concurrent with the Franchisee's submittal
of information to the Marion County Cost of Service Analysis
(COSA) process, but no later than June 30th of each year, as
more particularly described in Section 15 herein.
3. Applicable Law. Any applicable law (whether statutory or
common), including ordinances, regulations, rules, governmental
orders, governmental decrees, judicial judgments, and
requirements of any kind and nature promulgated or issued by
any governmental authority claiming or having jurisdiction.
4. Bin. Container provided by Franchisee, used by customers for
the containment and disposal of recyclable material.
5. Cart. Container provided by Franchisee, used by a customer for
the containment and disposal of solid waste or recyclable
material. The customer's use of a cart requires automated
collection service.
6. City. The City of Woodburn, Oregon, and the area within its
boundaries including its boundaries as extended in the future
and all property owned by the City, outside City limits.
7. City Manager. The City Manager or his/her designee.
8. City Council. The Woodburn City Council which serves as the
legislative body of the City.
9. Commercial. Stores, offices, including manufacturing and
industry offices, restaurants, warehouses, schools, colleges,
universities, hospitals, and other non-manufacturing entities.
"Commercial" does not include other manufacturing activities or
business, or processing activities in residential dwellings.
10.Compact and Compaction. The process of, or to engage in the
shredding of material, or the manual or mechanical compression
of material.
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11 .Compensation. Consideration of any kind paid for solid waste
management services, including but not limited to, the direct
payment of money, including the proceeds from resource
recovery or the provision of solid waste services to customers.
12.Container. Can, cart, bin, drop box, receptacle, or other vessel
used for the disposal of solid waste, recyclable material or yard
waste with food waste that has been approved by the City
Manager and into which solid waste, recyclable material or yard
debris with food waste may be placed for collection.
13.Cost of Service Analysis (COSA). A comprehensive evaluation of
a waste management system's revenues and expenses used to
determine the actual cost of providing specific services—such as
collection, disposal, and recycling. The primary goal is to ensure
that rates are set fairly and transparently, aligning customer
charges with the true cost of service. This process may result in
adjustments to the system's fee structure to promote equity and
financial sustainability. As part of the analysis, service cost
allocation is conducted to identify the cost of serving different
customer classes (e.g., residential, commercial, industrial) and to
equitably distribute costs across multiple jurisdictions served by
the same provider.
14.Cost Allocation. The following allocation methodology will be
used to determine certain Allowable Expenses attributable to
Service rendered for the City:
a. Operational cost: The Franchisee will perform an annual
survey or report to calculate the time spent in each
jurisdiction Franchisee services by Residential, Multifamily,
and Commercial route. The annual total hours and total
cost will be used to proportionately allocate Franchisee's
overall operational costs, such as labor and benefits,
fuel, oil, maintenance, vehicle and container leases,
vehicle licenses, capital assets, utilities, and training, for
Residential, Multifamily, and Commercial Service within
the City (e.g., labor costs as an Allowable Expense
should represent a proportionate share of Service within
the City compared to Franchisee's services utilized by
other cities and counties).
b. Direct cost: The entire cost of Franchise Fees and other
expenses directly related to Service within the City and
that are not attributable to Franchisee's services
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performed in other jurisdictions will be used to determine
the Allowable Expenses attributable to Service rendered
in the City.
15.CPI. The All Urban Consumers for West-Size Class B/C Consumer
Price Index, as defined by the United States Bureau of Labor
Statistics for the most recent twelve-month period reported by
the Bureau as of September 1 for the applicable current year,
rounded to the nearest hundredth percent, or other index that
replaces this index.
16.Cure Period. The thirty (30) day period Franchisee has from date
of Written Notice to correct any default pursuant to Section 18 of
this Agreement. In the case of default by Franchisee, if
Franchisee notifies the City that it cannot, in good faith, cure the
default within the thirty (30) day Cure Period, then the City may
elect to extend the cure period to an agreed upon time period.
17.Customer(s). Individuals, groups, businesses, corporations, or
other recognized entities receiving Service from the Franchisee
within the City.
18.DEQ. State of Oregon Department of Environmental Quality.
19.Dispose or Disposal. The accumulation, storage, discarding,
collection, removal, transportation, recycling or resource
recovery of solid waste.
20.Drop Box. A single container designed for storage and collection
of large volumes of solid waste or wastes or recyclable materials,
which is usually ten cubic yards or larger in size, and provides for
transportation of large volumes of solid waste or recyclable
materials and is transported to a disposal or processing site for
transfer, landfilling, recycling, materials recovery or utilization and
then emptied and returned to either its original location or to
some other location.
21 .EPA. United States Environmental Protection Agency.
22.Extraordinary Rate Increases. Service Rate charged by
Franchisee to its Customers sought to be increased by
Franchisee under Section 8 of this Ordinance.
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23.Franchise. A contract with the City allowing Franchisee to use
any City-owned public right-of-way to collect, transport, process
and dispose of Waste and to perform other responsibilities set out
in this Ordinance.
24.Franchise Fee. The fee to be paid to the City by the Franchisee
as set in Section 7 of this Ordinance.
25.Franchisee. The entity granted the Franchise by this Ordinance.
This particular Franchisee referred to hereinafter in this Ordinance
is UNITED DISPOSAL SERVICE, INC., AN OREGON CORPORATION,
dba REPUBLIC SERVICES OF MARION COUNTY - WOODBURN.
26.Generator. The person who produces solid waste or recyclable
material to be placed, or that is placed for collection and
disposal. As used in this Ordinance, "generator" does not include
any person who manages an intermediate function resulting in
the alteration or compaction of the solid waste or recyclable
material after it has been produced by the generator and
placed for collection.
27.Gross Revenue. For any period of time:
a. Gross accrual-based billings by the Franchisee to
Customers for Services provided under this Franchise;
and,
b. The allocated gain on the sale of fixed assets, the
depreciation or amortization from which was an
Allowable Expense under the terms of this Ordinance,
and refunds, sales proceeds, or other reimbursements for
any other expense that was an Allowable Expense under
this Ordinance.
28. Hazardous Waste. Includes, but is not limited to:
a. Discarded, useless or unwanted materials or residues
resulting from any substance or combination of
substances intended for the purpose of defoliating plants
or for the preventing, destroying, repelling or mitigating
of insects, fungi, weeds, rodents or predatory animals,
including but not limited to defoliants, desiccants,
fungicides, herbicides, insecticides, nematocides and
rodenticides.
b. Residues resulting from any process of industry,
manufacturing, trade or business or government or from
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the development or recovery of any natural resources, if
such residues are classified as hazardous by order of the
Oregon Environmental Quality Commission, after notice
and public hearing. For purposes of classification, the
Oregon Environmental Quality Commission must find that
the residue, because of its quantity, concentration, or
physical, chemical or infectious characteristics may:
i. Cause or significantly contribute to an
increase in mortality or an increase in serious
irreversible or incapacitating reversible illness;
or
ii. Pose a substantial present or potential hazard
to human health or the environment when
improperly treated, stored, transported, or
disposed of, or otherwise managed.
c. Discarded, useless or unwanted containers and
receptacles used in the transportation, storage, use or
application of the substances described in (a) and (b) of
this subsection.
d. To the extent not covered by the preceding subsections,
any amount of waste listed or characterized as
hazardous by the EPA or the State of Oregon pursuant to
the Resource Conservation and Recovery Act and by
any other applicable law, including but not limited to
ORS Chapter 466.
29.Holidays. Legal holidays observed by the City of Woodburn.
30.Household Hazardous Waste. Any discarded or unwanted
chemical, material, substance, or product that is or may be
hazardous or toxic to the public or the environment, is commonly
used around households and is generated by the household.
31 .Infectious Waste. Biological waste, cultures and stocks,
pathological waste, and sharps, or as infectious waste is defined
in ORS 459.386.
32.Mixed Recycling. The process where two or more types of
recyclable materials are collected together (i.e., not separated)
in a combination allowed by the City Manager, and as
approved by the Oregon Department of Environmental Quality.
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33.Multifamily. Any multi-dwelling building or group of buildings that
contain five or more dwellings on a single lot.
34.Operating Margin. Gross Revenues minus Allowable Expenses
within the applicable calendar year. For clarity, Franchisee may
not include any Unallowable Expenses as "Allowable Expenses"
when calculating its Operating Margin.
35.Organic Materials. Materials which can be biologically
synthesized by plants or animals from simpler substances, are no
longer suited for their intended purpose, and are readily broken
down by biological processes into soil constituents. "Organic
Materials" includes, but is not limited to, food waste, paper, and
putrescible materials which are generally a source of food for
bacteria. For Residential and Multifamily Customers, "Organic
Materials" include Yard Debris; for Commercial Customers,
"Organic Materials" do not include Yard Debris, Other Materials,
Bulky Waste, tires, Infectious Waste, Unacceptable Waste, and
Household Hazardous Waste.
36.Persons. Any individual, partnership, business, association,
corporation, cooperative, trust, firm, estate, joint venture or other
private entity or any public agency.
37.Pilot Program. A program which allows Franchisee to offer
services on a trial basis for six months or less and to determine
rates for such services outside the approved rate structure. City
Council approval is required prior to implementation of a pilot
program.
38.Placed for Collection. To put solid waste, recyclable material or
yard debris with food waste out for collection by Franchisee, as
provided by this Ordinance.
39.Public Place. Any City-owned Park, place, facility or grounds
within the City that is open to the public, but does not include a
street or bridge.
40.Public Rights-of-Way. Streets, roads, highways, bridges, alleys,
sidewalks, trails, paths, park strips and all other public ways or
areas, including subsurface and air space over these areas.
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41 .Putrescible Material, means organic materials that can
decompose, which may create foul-smelling, offensive odors or
products.
42.Quarterly Franchise Fee Report. The report submitted by
Franchisee to the City at the end of each quarter, as more
particularly described in Section 15 of this Ordinance.
43.Recyclable Material, means any material or group of materials
that can be collected and sold for recycling as defined by the
Recycling Modernization Act (Senate Bill 582) and the Oregon
Department of Environmental Quality.
44.Recycling. Any process by which solid waste is transformed into
new or different products in such a manner that the original
products may lose their original identity. As used in this
Ordinance, recycling includes the collection, transportation and
storage of solid waste, done in order to place the solid waste in
the stream of commerce for recycling; or for resource recovery.
45.Residential. A single-family dwelling unit, duplex, triplex, or
quadplex, an attached or detached Accessory Dwelling Unit
(ADU), or any other residential dwelling unit constituting middle
housing as defined by ORS 197A.420.
46.Resource Recovery. The process of obtaining useful material or
energy resources from solid waste, including reuse, recycling,
and other material recovery or energy recovery of or from solid
wastes.
47.Service. The collection, transportation, storage, transfer, or
disposal of or resource recovery from solid waste by Franchisee.
It also includes, without limitation, collection or source-separated
materials for compensation. "Service" includes the providing of
"Special Service" as defined below.
48.Service Rates. The amount approved by the City Council for
services rendered and charged by Franchisee, including the
franchise fee, to users of the service as established and adjusted
pursuant to Section 8 of this Ordinance.
49.Solid waste. All useless or discarded putrescible and non-
putrescible materials, including but not limited to garbage,
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rubbish, refuse, ashes, paper, and cardboard, sewage sludge,
septic tank and cesspool pumpings or other sludge, useless or
discarded commercial, industrial, demolition, and construction
materials, discarded or abandoned vehicles or parts thereof,
discarded home and industrial appliances, manure, vegetable
or animal solid and semisolid materials, dead animals and
infectious waste as defined in ORS 459.386. Solid waste does not
include:
a. Hazardous waste as defined in ORS 466.005;
b. Materials used for fertilizer or other productive purposes
or which are salvageable as such materials are used on
land in agricultural operations and the growing or
harvesting of crops and the raising of animals;
c. Woody biomass that is combusted as a fuel by a facility
that has obtained a permit described in ORS 468A.040.
50.Solid Waste Management. The business of collection,
transportation, storage, treatment, utilization, processing,
disposal, recycling and resource recovery of solid waste.
51 .Source Separation. The separation of waste materials by the
generator in preparation for recovery by recycling or reuse.
52.Special Service. The collection of bulky waste, including furniture,
appliances and large quantities of waste.
53.Total Source Separation. The complete separation by the source
generator or producer of the waste by type or kind of waste
from all other types or kinds of waste.
54.Train System. A group of small containers (typically 1-2 cubic
yard capacity) placed in various locations around a customer's
property, by the customer and once full, either linked together or
placed upon a trailer for transport and disposal to a larger
container or compactor on the premises.
55.Unacceptable Waste. Unacceptable waste means: (1 ) oils, fats,
other liquids, and semi-solid wastes; (2) Hazardous Waste and
household hazardous waste; and (3) any radioactive, volatile,
corrosive, flammable, explosive, biomedical, biohazardous, or
toxic wastes, pollutants or contaminants as defined by
applicable law or any otherwise regulated waste.
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56.Unallowable Expenses. Includes the following:
a. All political contributions;
b. Charitable expenses that are not expressly approved by
the City as an Allowable Expense;
c. Fines and penalties incurred by Franchisee, including,
without limitation, judgments for violation of applicable
laws;
d. Payments for services provided by individuals related by
blood or marriage or by affiliated companies to
Franchisee to the extent that such payments exceed the
reasonable cost that would be charged by an
independent third party to provide the substantially
equivalent service;
e. Accruals for future unknown regulatory changes;
f. Costs associated with purchase of other companies,
including, but not limited to, employee stock ownership
plan payments, goodwill, amortization of goodwill, and
premiums on key-person life insurance policies;
g. Principal or interest payments on the acquisition of any
new service routes;
h. The purchase of equipment and/or facilities to the extent
of the portion of the price that reflects goodwill or a
premium in excess of fair market value at the time of
acquisition;
i. State and federal income taxes, and any federal, state,
local or other taxes or fees not expressly listed as an
Allowable Expense;
j. Fees paid to a Franchisee's Board of Directors;
k. Attorney's fees and related expenses resulting from:
i. Any judicial proceeding in which the City and
Franchisee are adverse parties;
ii. Any judicial proceeding in which Franchisee is ruled
to be liable due to willful misconduct, gross
negligence, or in violation of law or regulation;
I. Operation of community access recycling depot not
physically located or operated in conjunction with
Franchisee's transfer station;
m. Recycling operations expenses already calculated and
incorporated into Franchisee's tipping fees;
n. Costs or expenses incurred for providing service to
another jurisdiction, or, when such costs or expenses are
incurred for providing Service to multiple jurisdictions, any
costs or expenses above the proportional share
attributable to Service within the City;
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o. Donated Services, including the "Woodburn Clean-Up
Day" and any donated services provided to the City for
City events such as the Fiesta Mexicana, except for
Disposal costs associated with these Services;
p. Any other expenses defined as "unallowable" and
approved by mutual consent of Franchisee and the City.
If there is any disagreement or discrepancy regarding what
is considered an "Allowable Expense" or"Unallowable
Expense," Franchisee and the City will work together to
resolve the discrepancy. If no resolution is reached, the
parties will agree to mediate the discrepancy, in addition to
any other legal or equitable remedies which may be
available to the parties.
57.Written Notice. Any notice provided in writing pursuant to this
Ordinance. Any applicable time period begins to run the next
day after personal delivery of the Written Notice or three (3) days
after mailing of Written Notice.
58.Waste. Material that is no longer usable or that is no longer
wanted by the source generator of the material, which material
is to be utilized or disposed of by another person. For the purpose
of this paragraph, "utilized" means the productive use of wastes
through recycling, reuse, salvage, resource recovery,
composting, energy recovery, or land filling for reclamation,
habilitation or rehabilitation of land. "Waste" includes Solid
Waste, Recyclable Materials, Other Materials, Organic Materials
(and thus, food waste and Yard Debris), and Bulky Waste. Even
though materials which would otherwise come within the
definition of "waste" may from time to time have value and thus
be resource-recovered does not remove them from this
definition. Source-separated wastes are "wastes" within this
definition.
59.Yard Debris With Food Waste. Grass clippings, leaves, tree and
shrub prunings of no greater than four inches in diameter, or
similar yard and garden vegetation. Breads/Grains, coffee
grounds, tea bags, coffee filters, dairy products (no liquids),
eggshells, bones, fruits/vegetables, meats/proteins, and seafood
& shells can also be included. Some paper (paper napkins,
paper towels, greasy pizza box). Yard debris with food waste
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does not include dirt, sod, stumps, logs or tree/shrub prunings
larger than four inches in diameter.
Section 5. Franchise Award.
A. Exclusive Franchise. Subject to the conditions and reservations
contained in this ordinance, the City Council hereby grants to UNITED
DISPOSAL SERVICE, INC., AN OREGON CORPORATION, dba REPUBLIC
SERVICES OF MARION COUNTY - WOODBURN, the exclusive right,
privilege, and franchise to collect, dispose, sell and transport solid
waste and recyclable material generated as of the effective date of
this ordinance within the corporate limits of the City of Woodburn and
in any area that may thereafter be annexed to the City.
B. Exceptions. Unless accepted by subsections below, or granted an
exclusive franchise pursuant to this Ordinance, no person shall solicit
customers for service, or advertise the providing of service, or provide
service in the City. Nothing in this ordinance requires a franchise for the
following:
1 . The collection, transportation and reuse of repairable or
cleanable discards by a private charitable organization regularly
engaged in such activity.
2. The collection, transportation, and reuse or recycling of totally
source-separated materials or operation of a collection center
for totally source-separated materials by a religious, charitable,
benevolent or fraternal organization, provided the organization
is using the activity for fund raising. Organizations engaged in
these activities shall make periodic reports in a form as the City
Manager may reasonably require.
3. The collection, transportation or redemption of returnable
beverage containers under ORS Chapter 459A and that portion
commonly known as the "Bottle Bill."
4. The generator or producer who transports and disposes of waste
created as an incidental part of regularly carrying on the
business of auto wrecking to the extent licensed by the state of
Oregon.
5. The operation of a janitorial service; septic tank pumping, sludge
collection or disposal service; or gardening or landscape
maintenance service. "Janitorial service" does not include
primarily collecting wastes generated by a property owner or
occupant.
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6. The transporting of Solid Waste generated by a Person to an
authorized disposal site or Resource Recovery facility. The Solid
Waste generated by a tenant, licensee, occupant, or Person
other than the owner of the premises is generated by such
Person, and not by the property owner (e.g., a tenant may
dispose of the tenant's own Solid Waste, but an owner cannot
dispose of the tenant's Solid Waste by any means other than the
Franchisee's Service);
7. Contracting with a state or federal agency to provide service to
such agency under a written contract with such agency.
8. A contractor registered under ORS Chapter 701 for hauling
waste created in connection with the demolition, construction,
or remodeling of a building structure or in connection with land
clearing and development. Such waste shall be generated by
the contractor in connection with the contractor's construction
site and hauled in equipment owned by the contractor and
operated by the contractor's employees.
9. Government employees providing solid waste and recycling
collection services to City operations and facilities.
Section 6. Franchise Term.
A. This franchise ordinance and the rights and privileges granted herein
shall take effect February 23, 2026, and remain in effect for a term of
five (5) years.
B. Upon an affirmative finding based on its annual review of the material
submitted pursuant to Sections 8 and 15 of this Ordinance, at the end
of the franchise term, the Council may extend the term of the franchise
for one (1 ) subsequent term of up to five (5) years.
C. The City Council may choose not to extend a franchise after five (5)
years under this section for any reason. If the City Council chooses not
to extend a franchise, at least six (6) months before the date that the
franchise would otherwise expire, the City Council shall provide
Franchisee with written notice of the City Council's intent not to extend
the franchise. Franchisee shall have thirty (30) days from the date of
the notice to request a public hearing. If, following the public hearing,
the City Council reaffirms the decision not to extend the franchise
term, the franchise shall expire at the end of its existing term. Nothing in
this subsection shall prevent a Franchisee from applying for a new
franchise.
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Ordinance No. 2647
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D. Prior to the issuance or extension of a franchise, the City Council shall
provide notice and opportunity for public comment.
E. If the City Manager determines service standards are not being met,
the City Manager may re-open this franchise for renegotiation.
F. The terms of the franchise must be unconditionally accepted by UNITED
DISPOSAL SERVICE, INC., AN OREGON CORPORATION, d/b/a REPUBLIC
SERVICES OF MARION COUNTY - WOODBURN in writing, and signed by
an officer of the corporation within thirty (30) days after the date this
ordinance is passed by the City. If UNITED DISPOSAL SERVICE, INC., AN
OREGON CORPORATION, d/b/a REPUBLIC SERVICES OF MARION
COUNTY - WOODBURN fails to do so, this ordinance shall be void.
Section 7 - Franchise Fee
A. Franchise Fee. In consideration of the rights and privileges granted by
this ordinance, Franchisee shall pay to the City of Woodburn, five
percent (5%) per annum of the Gross Revenue collected by the
Franchisee for Service within the City. The Franchise Fee is an Allowable
Expense and, as such, will be included in determining Franchisee's
Operating Margin.
1 . If Franchisee is prohibited by state or federal law from paying a
fee based on gross revenue or the City is prohibited by state or
federal law from collecting such a fee, or if any legislation
reduces the actual or projected amount of compensation
collected in any given year, the City Manager may renegotiate
the compensation section of this franchise agreement.
2. Franchisee shall not separately identify its franchise fee on billing
statements to customers unless it separately identifies all costs
which constitute five percent (5%) or more of the costs paid by
the revenues received from customers.
B. Franchise Fee Payment. The compensation required in this section shall
be due quarterly, on or before the 30th day of the month following last
business day of every quarter. Franchisee shall furnish with each
payment a statement, executed by an officer of Franchisee, showing
the amount of gross revenue of Franchisee within the City for the period
covered by the payment computed on the basis as determined by this
Section. There will be a reconciliation of final Gross Revenue on the
quarterly report ending December 31 of each year for the prior
calendar year.
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Ordinance No. 2647
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C. Late Payments; Interest. Should Franchisee fail or neglect to make the
quarterly payment on the payment date stated in Subsection B above,
the City will provide written notice of failure of payment to Franchisee,
either by personal delivery or certified mail. Franchisee will have ten
(10) calendar days from the Written notice to remit payment to the City.
If Franchisee fails to pay within the ten (10) calendar days, the City may
charge interest retroactive to the payment due date, at a rate of
twelve percent (12%) per annum, and may, at its option, either
continue the Franchise in force and proceed by suit or action to collect
the payment, but without waiving its right to collect earned Franchise
payments and interest.
D. Nothing contained in this franchise shall give Franchisee any credit
against any ad valorum property tax levied against real or personal
property within the City, or against any local improvement assessment
or any business tax imposed on Franchisee, or against any charges
imposed upon Franchisee including permit and inspections fees or
reimbursement or indemnity paid to the City.
Section 8 - Establishment and Modification of Service Rates
A. Rates established by City Council are fixed rates and Franchisee shall
not charge more or less than the fixed rate unless changed pursuant to
the terms authorized in this Section. Franchisee shall not charge rates
not in the rate schedule.
B. Franchisee shall provide to the City Manager a copy of the published
rate schedule which shall contain the rates and charges made for all
its operations. The rate schedule shall be kept current.
C. Rates for a given service must be established under the provisions of
these guidelines before such service can be provided to customers
unless services are being offered under a pilot program. If the City
Manager determines Franchisee is providing services for a fee without
following these guidelines, the City Manager may require Franchisee to
continue providing such services at no charge to the customer until
such time as the rates are approved as described under this Section. If
rates are not subsequently approved, Franchisee may discontinue
service and shall take full responsibility in explaining to customers as to
why the service is no longer being provided.
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Ordinance No. 2647
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D. Franchisee may not give any rate preference to any person, locality, or
type of solid waste collected, transported, stored, disposed of or
resource recovered. This Section shall not prohibit uniform classes of
rates based on length of haul, time of haul, type or quantity of solid
waste handled, and location of customers, so long as such rates are
reasonably based on the cost of service and approved by City Council
in the same manner as other rates.
E. Service Rate Adjustment. The City Council reserves the right to examine
the Rate Structure of Franchisee, to require specific services, and to
approve rate changes which, in the discretion of the City Council, are
reasonably required. It is the goal of Council to provide Franchisee with
a target Operating Margin of ten percent (10%) of Gross Revenues, but
no less than eight percent (8%) and no greater than twelve percent
(12%). If, at any time during the term of this Franchise, the Franchisee
believes that their operating margin will be less than 8% of Gross
Revenues, then the Franchisee may request a rate adjustment. Such
requests shall be made in writing to the City Manager or their designee
at least ninety (90) days prior to the desired implementation date of the
proposed rate change. In determining whether to approve a rate
adjustment, City Council shall consider the following:
1 . The cost of service;
2. The anticipated increase in the cost of service;
3. The need for equipment replacement and the need for
additional equipment to meet service needs, compliance with
federal, state and local law, ordinances, or technological
change;
4. The Franchisee's investment, the value of the business and the
necessity that the franchisee have a reasonable rate of return;
5. The rates charged in other similarly sized cities for similar services
in comparable service areas;
6. The public interest in assuring reasonable rates to enable the
Franchisee to provide efficient and beneficial services to
customers;
7. The local wage scales, cost of management facilities, landfill and
dumping fee charges;
8. Any profit or cost savings resulting from recycling, and any
additional costs resulting from recycling;
9. Any increase or decrease in the franchise fee;
10.Any other information Council determines is necessary to
sufficiently review the rate adjustment request.
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Ordinance No. 2647
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All rate adjustment requests shall be examined by Council in a public
hearing, subject to applicable notice requirements and affording due
process. All Council approved rate adjustments shall require thirty (30)
days notice to customers prior to taking effect.
1 1 .The above information shall be based on Franchisee's year-end
financial statements which shall include a statement of income
and schedule of expenses for the previous three years and a
forecast for the current year. Resources allocated from regional
or national corporate offices or affiliates must be distributed to
appropriate expense line items and must also be disclosed in a
schedule describing total allocations in their distribution to
individual expense line items.
12.The above information shall be considered preliminary and shall
match the numbers submitted by Franchisee to the Marion
County COSA process. Marion County shall verify the numbers
submitted by Franchisee. Any Service Rate Adjustment shall be
based upon the verified numbers provided by Marion County.
13.Franchisee will provide any relevant updates relating to
operations and customer experience to the City during or before
consideration of any Service Rate Adjustment.
14.The City has authority to commission reviews or analysis of
Franchisee's Annual Franchise Reports and other documents
supporting a Service Rate Adjustment to validate rate adjustment
requests. The City has further authority to review Franchisee's
books, records, and accounts to verify the accuracy of Franchise
Fees paid to the City, Franchisee's Operating Margin, and/or any
Extraordinary Rate Increases as provided in Sections 8 and 15 of
this Ordinance.
15.Excepting an Extraordinary Rate Increase as outlined in this
Section, rates shall be subject to review and change only one (1 )
time in a calendar year. The City Manager or designee must
update the City's rate schedule to reflect any amendments to
Service Rates.
F. Extraordinary Rate Increase. In the event an extraordinary or
unanticipated event, including a change in law, a change in disposal
site, an adjustment to the disposal rate, or a mandate from a
government entity to provide a new type of service, causes an increase
greater than two percent (2%) in Franchisee's annual cost for Allowable
Expenses, and is projected to decrease Franchisee's Operating Margin
below eight percent (8%) of Gross Revenues, then Franchisee may
submit a written request to the City Manager or designee for an
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Ordinance No. 2647
20
Extraordinary Rate Increase. The written request must include
Franchisee's calculations, and supporting documentation, of the
impact of the change. Any requested Extraordinary Rate Increase must
be approved by Council through a resolution. Franchisee's request for
approval of an Extraordinary Rate Increase shall not be unreasonably
withheld or delayed so long as Franchisee's request meets the
requirements of this Section. This Section is not to be construed as to
require the City to accept that Franchisee's calculations are correct or
to allow an Extraordinary Rate Increase if the City finds that Franchisee's
request does not meet the requirements of this Section. The City may
undertake any review of Franchisee's books, records, and accounts
necessary to evaluate the validity of Franchisee's request for an
Extraordinary Rate Increase.
G. Nothing in this section prohibits Franchisee from volunteering services at
a reduced cost for a civic, community, benevolent or charitable
program. Cash or in-kind contributions to such organizations shall be
the sole responsibility of Franchisee and shall not be a factor in
determining rates or increase the total amounts paid by ratepayers for
which Franchisee serves under this agreement and shall not reduce the
total amount of revenue paid to the City. Contributions shall not be
taken into consideration in the rate approval process.
Section 9. Franchisee Responsibility.
A. The Franchisee must collect the Solid Waste at the various residences,
business establishments, and other places within the corporate limits of
the City where such Service is required or requested and haul such
Solid Waste from the City authorized by the most recent rate schedule
approved by the Council. In so doing, the Franchisee shall abide by
the Service Standards established in Section 11 of this Ordinance.
Service provided under this Franchise is subject to the supervision of
the City Manager or their designee.
B. Service Interruption or Termination. The Franchisee shall not terminate
service to any or all of its Customers served under this Franchise except
in accordance with the provisions of this Ordinance. Service may be
interrupted or terminated when:
1 . The street or road access is unavoidably blocked through no
fault of the Franchisee and there is no reasonable alternate
route to serve all or a portion of its Customers. In either event,
the City will not be liable for any such blocked access; or
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Ordinance No. 2647
21
2. Adverse weather conditions render providing Service unduly
hazardous to persons or equipment providing such Service or if
such interruption or termination is caused by an act of God or a
public enemy.
Section 10. Sale, Transfer, Lease & Sub-Contract
A. The Franchisee shall not:
1 . Sell, assign, transfer, lease or dispose of either in whole or in part,
in any manner, nor shall title pass thereto, either legal or
equitable, or any right, interest or property therein, pass to or
vest in any person or entity without approval by Council as a
result of a resolution passed by Council. The Council will
approve the assignment or transfer if the new Franchisee meets
all applicable requirements met by the original Franchisee. A
pledge of this Franchise as security will not be considered a
transfer or assignment for the purpose of this Section.
a. Franchisee shall promptly notify the City of any actual or
proposed change in, transfer of, or acquisition by any
other party of control of the Franchisee. The word
"control" as used herein is not limited to majority
stockholders, but includes actual working control in
whatever manner exercised. Every change, transfer or
acquisition of control of the Franchisee shall make this
Franchise subject to cancellation unless and until the
City Council has consented thereto.
b. The parties to the sale or transfer of this franchise
agreement shall make a written request to the City
Council for its approval and furnish all information
reasonably required for City Council consideration.
c. The City Council's approval shall be based upon the
financial responsibility of the party whom the franchise is
proposing for sale, assignment or transfer. In reviewing a
request for sale or transfer, the City Council may inquire
into the financial capability, technical ability, legal
qualifications, demonstrated ability, and experience of
the prospective controlling party or transferee to comply
with the terms of the franchise as determined by the
City, and must agree to comply with all provisions of the
franchise agreement.
d. The City shall be deemed to have approved the
proposed transfer or assignment in the event that its
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Ordinance No. 2647
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decision is not communicated in writing to the
franchisee within (ninety) (90) days following receipt of
written notice of the proposed transfer.
e. Within thirty (30) days of any transfer or sale, if approved
or deemed granted by the City Council, Franchisee shall
file with the City a copy of the deed, agreement, lease,
bill of sale, stock power or other written instrument
evidencing such sale or transfer of ownership or control,
certified and sworn to as correct by the Franchisee and
the transferee. The City shall treat such instrument or
other documentation as confidential, as permitted by
applicable law, if Franchisee requests confidential
treatment for any such document in writing.
B. Subcontracts. The Franchisee may subcontract with others to provide
specialized service or temporary service under this Ordinance only
upon prior written consent of the City, which written consent will not
be unreasonably withheld. Such subcontract will not relieve the
Franchisee of total responsibility for compliance with this Ordinance.
Section 11. Service Standards.
A. City Authority. The City reserves the right to determine the services
authorized by this franchise agreement.
B. Separation of Waste. The City Council reserves the right to require the
separation of component parts or materials in or from solid wastes, and
to require the deposit thereof in containers or places and to prescribe
the method of disposal or resource recovery.
C. Collection Standards. Collection of solid waste and recyclable material
shall be performed in such a way as to comply with all Federal, State
and local environmental regulations. In so doing, Franchisee shall:
1 . Provide solid waste and recycling collection services to all
persons living within or conducting business within the City limits
by providing sufficient collection vehicles, containers, facilities,
personnel, and finances necessary to provide all types of service.
When necessary, and with prior approval from City Council,
Franchisee may subcontract with others to provide certain types
of specialized service in accordance with the provisions of this
Ordinance.
2. Collect putrescible material at least once each week.
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Ordinance No. 2647
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3. Perform collections twice weekly in the business districts of the
City, except Sundays and holidays. Downtown business district
collection hours are 4:30 am to 6:30 am. Collection hours shall be
scheduled to minimize noise and disruption to residents in or near
the downtown business district.
4. Perform curbside collections of solid waste at least once weekly
in residential districts or as often as required by ORS 459 and ORS
459.A. Collection hours shall be between the hours of 6:00 am
and 5:30 pm, Monday through Friday. All collections shall be
made as safely, efficiently and quietly as possible.
5. Perform curbside collections of recyclable materials at least bi-
weekly or as often as required by ORS 459 and ORS 459.A.
Collection of recyclable materials shall be made subject to the
same requirements and within the same hours as those made for
solid waste.
6. Provide collection of residential solid waste carts recyclable
materials, and yard debris with food waste carts on the same day
of the week. Franchisee shall not go into garages or other
buildings to make pick-ups at residences, nor shall Franchisee go
into closed areas, through enclosed gates, or up or down stairs to
make pick-ups.
7. Provide will-call service for container service for residential and
commercial customers within forty-eight (48) hours of initial
request for service.
8. Use due care to prevent solid waste from being spilled or
scattered during collection. If any solid waste or recyclable
material is spilled during collection, Franchisee shall promptly
clean up all spilled materials. All cart and container lids must be
replaced after contents are emptied and the cart or container
shall be returned to its original position so as to not jeopardize the
safety of motorist, pedestrians or bicyclists. Franchisee shall also
collect any solid waste or recyclable materials that may have
been spilled or scattered prior to collection, in the immediate
area of carts.
9. Use reasonable care in handling all collection containers and
enclosures. Damage caused by the negligence of Franchisee's
employees to private property, including landscaping, is the
responsibility of Franchisee and shall be promptly addressed with
the property owner.
10.Ensure that all solid waste and recycling collection operations
shall be conducted as quietly as possible and shall conform to
applicable Federal, State, County and City noise emission
standards. Unnecessarily noisy trucks or equipment are
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Ordinance No. 2647
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prohibited. The City Manager may conduct random checks of
noise emission levels to ensure such compliance.
11 .Determine, with approval of the City Manager, the maximum
allowable capacity of carts or containers. If Franchisee refuses to
service an overweight cart or container, a notice describing the
problem must be provided. The notice shall include the name of
Franchisee, employee, alternative solutions to resolve the
problem and a local phone number for additional information.
Franchisee must provide double the customer's subscribed
service level at no additional charge on the customer's next
scheduled collection day, if a special pick-up has not been
requested in the meanwhile. If a special pick-up has been
requested, Franchisee may charge the normal will-call rate.
12.Refuse specific residential collections, if access to a cart or
container, is blocked by a vehicle. For the purposes of this
section, "blocked"shall be defined as parked immediately in front
of, or at the curb within ten feet to either side of such containers.
If Franchisee refuses to service a cart or container for this reason,
a notice describing the problem must be provided. The notice
shall include the name of Franchisee, employee, reason for
collection refusal, solution for resolving the problem and a local
phone number for additional information. Franchisee must
provide double the customer's subscribed service level at no
additional charge on the customer's next scheduled collection
day, if a special pick-up has not been requested in the
meanwhile. If a special pick-up has been requested, Franchisee
may charge the normal will-call rate.
13.Give a vacation credit for Customers who stop service for a
minimum period of three (3) weeks and shall give up to four (4)
vacation credits per calendar year. Vacation credits will not be
applied to Multi-Family Customers or Commercial Customers.
14.Notify, in the event of permanent changes to the collection
schedule, all affected customers within fourteen (14) calendar
days of any change. Franchisee shall not permit any customer to
go more than seven (7) calendar days without service in
connection with a collection schedule change.
15.Have the option to limit acceptable methods of payment.
Franchise must, however, at a minimum, accept cash, personal
checks, cashiers checks, money orders, and bank drafts, and
provide for online payment with a credit card.
16.Have the option to refuse collection service upon non-payment
of a billing or portion of a billing after account becomes forty-five
(45) days past due, or upon refusal to pay required advance
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Ordinance No. 2647
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payments, delinquent charges, or charges associated with
starting a new service. Franchisee may withhold collection
services, providing at least a ten (10) day notice is given to
subscriber.
17.Continue collection services except in situations beyond
Franchisee's control, including street or road blockages, riots,
terrorist attacks, compliance with applicable laws or
governmental orders, inclement weather conditions, fires, floods,
or other natural or man-made disasters. Adverse labor relations
issues such as strikes or walk-outs shall be within the control of the
Franchisee and shall not prevent collection and disposal services
as required by this ordinance.
18.Franchisee shall dispose of solid waste in the nearest disposal site
permitted by the Oregon Department of Environmental Quality
unless extraordinary circumstances apply. City Council reserves
the right to approve any disposal site used by Franchisee.
19.Have the right to refuse collection, storage, transport, disposal, or
resource recovery of unacceptable waste, except as otherwise
provided for in this ordinance.
D. Recycling Standards.
1 . Franchisee shall aggressively seek markets for reusable,
recyclable, and recoverable materials and purchase such
materials from others.
2. Franchisee shall coordinate recycling efforts with other solid
waste collection efforts in the Marion County Waste shed to
further enhance recycling and recovery efforts and to meet
waste shed recovery goals as mandated by the state.
3. The City Manager reserves the right to require specific materials
to be separated, collected and recycled.
4. Franchisee shall provide other recycling services as required by
Oregon Revised Statute 459.A, City Council, ordinance, or
municipal code.
5. Franchisee shall recycle additional materials when economically
feasible.
6. Recycling Services shall include the following:
a. For residential customers with regular weekly solid waste
service, provide on-route residential recycling service
including one (1 ) 95-gallon roll cart, one (1 ) recycle bin,
and one (1 ) 65-gallon yard debris with food waste cart.
b. For customers in single-family households, the materials
collected for recycling shall include all materials on the
Uniform Statewide Collection List as approved by DEQ.
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Ordinance No. 2647
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Recycling materials shall be picked up curbside once
every other week on a designated collection day.
Batteries, motor oil, cooking oil, latex paint, and anti-
freeze, shall also be collected every other week, but shall
be segregated from other recyclable materials in a bin
provided by the Franchisee for that purpose.
c. For apartments and other multi-family households and
units requesting such service, the materials collected for
recycling shall include all materials on the Uniform
Statewide Collection List as approved by DEQ. Recycling
materials in carts shall be collected once a week and
recycling material in containers shall be collected up to
three (3) times a week. Batteries, motor oil, cooking oil,
latex paint, and anti-freeze, shall also be collected every
other week, but shall be segregated from other
recyclable materials in a bin provided by the Franchisee
for that purpose. Materials shall be collected curbside or
in a designated collection center in cooperation with the
building owner or manager.
d. Yard debris with food waste carts for residential
customers shall be picked up weekly on the same day as
solid waste collection. Yard debris with food waste must
be disposed of at a compost/mulch facility registered
with the Oregon Department of Environmental Quality.
e. Recycling-only customers shall be offered bins and be
provided biweekly recycling service at a rate established
by the City Council.
f. Commercial recycling service includes carts, recycle
bins, and cardboard recycling containers and shall be
provided at no additional charge.
g. For commercial customers, the materials collected for
recycling shall include all materials on the Uniform
Statewide Collection List as approved by DEQ. Recycling
material shall be collected once a week for carts and up
to three (3) times a week for containers. Batteries, motor
oil, cooking oil, latex paint, and anti-freeze, shall also be
collected every other week, but shall be segregated from
other recyclable materials in a bin provided by the
Franchisee for that purpose.
h. For large quantities of cardboard, the frequency of
pickup-service shall be determined by agreement
between the generator and the collector. Agreements
shall give due consideration to the volume of the
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Ordinance No. 2647
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material, storage capacity of generator, and generator's
location.
i. Franchisee must provide notice to customer if recyclable
material placed at curbside is not collected due to
improper preparation. Notice must include adequate
explanation of refusal for collection, and local phone
number for additional information. Franchisee shall leave
notice securely attached to the customer's bin or the
customer's front door. Franchisee shall collect any
properly prepared material that is accessible. The
purpose of the notice is to educate residents and
increase program participation, and shall be written in
such a manner as to accomplish this purpose.
j. Franchisee shall operate and maintain at least one (1 )
collection center within the City limits that permits
residents to deliver recyclables to the site. Collection
center shall be open to the public between the hours of
8 am to 5 pm Monday through Friday, and 8 am to Noon
on Saturdays. Said site shall accommodate at a minimum
all recyclable materials collected at curbside, as well as
scrap metal and other types of glass and plastic.
Materials such as Styrofoam, textiles, and electronics shall
be recycled when it is technologically or economically
feasible to do so.
k. Franchisee shall facilitate a reuse program referring
useable items to local thrift shops, resale shops, non-profit
groups or others who may have a legitimate use for the
item. Maintain a list of businesses and groups that submit
requests for needed items, and provide this information
to others as requested.
I. Franchisee shall Research and develop improved
recycling and reuse systems.
E. Public Education and Outreach Standards. Franchisee shall provide the
following public education and promotion of activities for waste
reduction, recycling, reuse, and source separation, and cooperate
with other persons, companies, or local governments providing similar
services. Franchisee shall:
1 . Provide a recycling information center within City limits, with local
telephone access and information concerning collection
schedules, recycling locations, recyclable material preparation,
conservation measures, reuse programs, and waste reduction
strategies. Recycling information booths at appropriate
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Ordinance No. 2647
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community events shall also be provided by Franchisee to
promote and increase recycling awareness and participation.
2. Provide recycling notification and educational packets for all
new residential, commercial, and industrial collection service
customers specifying the collection schedule, materials
collected, proper material preparation, reuse programs, waste
reduction strategies and recycling benefits.
3. Provide regular informational and promotional communications
to all solid waste customers and City residents regarding
collection services, schedules, and program updates.
Communications shall include information about materials
collected, waste reduction strategies, reuse opportunities, proper
handling and disposal of special wastes, and notice of
community solid waste events. Information shall be distributed
using a variety of methods to ensure broad access, including
digital or community outreach channels identified by the City
and printed materials, as needed.
4. Maintain a website that allows customers to access information
regarding franchised solid waste and recycling services and
applicable rates charged for such services.
5. Perform waste audits for those commercial and industrial
customers requesting one.
6. Coordinate with the Woodburn School District and local private
schools to assist in promoting awareness of recycling and waste
reduction strategies to children, and to cooperate with the
district in their recycling efforts and programs.
7. Promote solid waste reduction and recycling education per ORS
459 and ORS 459A and provide for the opportunity to recycle in
collaboration with the County and City.
8. Provide the City Manager with sufficient copies of all promotional
fliers and other related information as requested.
9. Franchisee will make all reasonable efforts to participate in City
sponsored outreach events when requested by the City and to
conduct other educational outreach programs when requested
by other organizations or persons.
F. Community Service Standards.
1 . Franchisee shall, upon request from the City, provide for storm
debris collection of tree limbs, leaves, and other storm detritus.
Such requests by the City shall be limited to clean up activities
that are necessary following a significant weather event or other
unusual or extraordinary event or circumstance. Franchisee may
charge a fee for such service.
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2. Franchisee shall provide an annual residential cleanup,
collecting scrap and recyclable material, yard debris and
appliances, at no additional charge; however, Franchisee may
charge, as a pass-through cost, the CFC evacuation fee on
appliances.
3. Franchisee shall provide collection and recycling of holiday trees
placed at curbside for a period of three (3) weeks, beginning
December 26th of each year, at no additional charge.
4. Franchisee shall provide twice weekly solid waste collection and
disposal service of public litter containers, in the central business
district of the City, including the Woodburn Downtown Plaza,
except holidays.
5. Franchisee shall provide once weekly solid waste collection and
disposal service for all City accounts at no charge to the City.
G. Additional Services. Where a new service or a substantial expansion of
an existing service is proposed by the City Manager, another person, or
the Franchisee, the following shall apply:
1 . If service is proposed by the City Manager, Franchisee shall
receive prior written notice of the proposed service and
justification by the City Manager. If service is proposed by
Franchisee or another person, the City Manager must be notified
in writing prior to any consideration by the City.
2. The City may hold a public hearing on the proposed service and
justification.
3. In determining whether the service is needed, the City shall
consider the public need for the service, the effect on rates for
service and the impact on other services being provided or
planned, the impact on any city, county or regional solid waste
management plan, and compliance with any applicable
statutes, ordinances or regulations.
4. If the City determines the service is needed, Franchisee shall have
the option to provide the service on a temporary basis through a
pilot program to determine if the service is functional on a
permanent basis or Franchisee may agree to provide the service
on a permanent basis within a specified time.
5. If Franchisee rejects the service, the City may issue a franchise or
permit to another person or entity to provide only that service.
The provider of the limited service shall comply with all applicable
provisions of this ordinance.
H. Special Service Equipment. If a customer requires an unusual service,
and that service necessitates added or specialized equipment,
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Franchisee may require a contract with the customer to finance and
assure amortization of such equipment. The purpose of this subsection
is to ensure that such excess or specialized equipment does not
become a charge against other ratepayers.
I. Equipment and Facility Standards.
1 . All equipment shall be kept well painted, and properly
maintained in good condition. Vehicles and containers used to
transport solid waste shall be kept clean to ensure no
contamination to the environment or the City's storm water
system.
2. All vehicles and other equipment shall be stored in a safe and
secure facility in accordance with applicable zoning and
environmental regulations.
3. Trucks shall be equipped with a leak proof metal body of the
compactor type including front, rear, or automatic loading
capabilities.
4. Pick-up trucks, open bed trucks or specially designed, motorized
local collection vehicles used for the transporting of solid waste
must have a leak proof metal body and an adequate cover over
the container portion to prevent scattering of the load.
5. All fuel, oil, or vehicle fluid leaks or spills which result from
Franchisee's vehicles must be cleaned up immediately. All
vehicles must carry an acceptable absorbent material for use in
the event of leaks or spills. Damages caused by fuel, oil, or other
vehicle fluid leaks or spills from Franchisee's vehicles or equipment
shall be at Franchisee's expense.
6. All vehicles used by Franchisee in providing solid waste and
recycling collection services shall be registered with the Oregon
Department of Motor Vehicles and shall meet or exceed all legal
operating standards. In addition, the name of Franchisee, local
telephone number and vehicle identification number shall be
prominently displayed on all vehicles.
7. All collection vehicles shall not exceed safe loading requirements
or maximum load limits as determined by the Oregon
Department of Transportation. Franchisee shall endeavor to
purchase and operate equipment that minimizes damage to
City streets.
8. Franchisee shall provide and maintain equipment that meets all
applicable laws, ordinances, municipal codes, and regulations or
as directed by the City Manager.
9. Franchisee shall provide and replace as necessary, garbage
collection carts, yard debris with food waste carts, and recycle
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bins at no charge to the public. Cart sizes offered for solid waste
disposal include 20, 32, 65, and 90 gallon capacity. Yard debris
with food waste carts shall be 65-gallon capacity. Recycle carts
are 95-gallon capacity. Solid waste, yard debris with food waste,
and recycling carts shall be leak-proof, rigid, and of rodent proof
construction and not subject to cracking or splitting. The City
Manager has the right to approve all containers provided by
Franchisee for use in the City and may require additional or
alternative container sizes. Customers may, at their election,
change their cart size once each calendar year at no cost. For
each subsequent change within the same calendar year,
Franchisee may charge a fee, to recover the administrative costs
of such change, as approved by the City Council.
10.Franchisee shall clean containers used by commercial customers
once annually if requested by customer for no additional charge.
If Franchisee determines such containers are becoming a health
hazard, requiring more frequent cleaning, such service shall be
an additional maintenance charge to the waste producer or
generator.
11 .In cooperation with the Woodburn Police Department,
Franchisee shall remove graffiti from all containers or facilities
within ten (10) business days of the time Franchisee is notified of
such need. Notification may be verbal, or in writing.
12.All surface areas around Franchisee's site facilities including
vehicle and equipment storage areas, service shops, wash
stations, transfer sites, collection centers, and administrative
offices must be kept clean to eliminate direct site run-off into the
City's storm water and open drainage system.
J. Safety Standards.
1 . Franchisee shall operate within guidelines of the Oregon Refuse
and Recycling Association, Oregon Department of
Transportation, Oregon Public Utility Commission, Oregon
Occupational Health and Safety Administration, Department of
Environmental Quality, Woodburn Municipal Code and all other
rules and regulations as they apply.
2. Franchisee shall provide suitable operational and safety training
for all of its employees who maintain, use, or operate vehicles,
equipment, or facilities for collection of waste or who are
otherwise directly involved in such collection. Employees
involved in collection services shall be trained to identify, and not
to collect, unacceptable waste. Employees who do handle such
unacceptable waste shall be properly trained.
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K. Right of Way Standards. Franchisee shall ensure proper and safe use of
public right-of-ways and provide compensation to the City in
consideration of the grant of authority to operate a solid waste
collection and disposal system in the City of Woodburn as directed by
this Agreement.
L. Customer Service Standards. Franchisee shall:
1 . Provide sufficient collection vehicles, carts, bins, containers, drop
boxes, facilities, personnel, and finances, to provide the services
set forth in this franchise agreement.
2. Sufficiently staff, operate and maintain a business office and
operations facility within the City.
3. Establish minimum office hours of 8:00 am through 5:00 pm,
Monday through Friday, not including holidays.
4. Ensure a responsive, customer service oriented business. Provide
customers with a local telephone number, listed in a local
directory, to a business office. Adequately staff operations to
provide prompt response to customer service requests or inquiries
and respond promptly and effectively to any complaint
regarding service. Calls received by 1 :00 pm by office staff shall
be returned the same business day as call received, and by noon
of the following business day if call is received after 1 :00 pm.
Franchisee shall promptly respond to all written complaints about
service or rates.
5. Train collection crews prior to their beginning solid waste and
recycling collection, and office staff prior to having public
contact. The scope of the training shall include, but is not limited
to, acceptable safety practices, acceptable standards of
service to the public, courteous customer service, and accuracy
and completeness of information.
6. Require all employees of Franchisee and all employees of
persons under contract with Franchisee under this franchise
agreement to present a neat appearance and conduct
themselves in a courteous manner. Franchisee shall require its
drivers and all other employees who come into contact with the
public, to wear suitable and acceptable attire that identifies
Franchisee.
7. Designate at least one (1 ) qualified employee as supervisor of
field operations. The supervisor shall devote an adequate portion
of his/her workday in the field checking on collection operations,
including responding to issues.
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Ordinance No. 2647
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8. Maintain a written log of all oral and written complaints or service
issues registered with Franchisee from customers within the City.
Franchisee shall record the name and address of complainant,
date and time of issue, nature of issue, and date of resolution. The
City Manager or their designee may require more immediate
reports documenting complaints and resolutions.
Section 12. Public Responsibility.
A. Removal of Solid Waste Prohibited. No Person, except the immediate
generator of solid waste, may remove any product placed in a cart,
container, drop box, or other receptacle, except to the extent allowed
by applicable law. No person, other than the immediate generator of
solid waste, may remove or take possession of any solid waste, whether
bundled, tied, or loose, placed by the source of the product for
collection by the Franchisee. Nor may any person, other than the
immediate generator of solid waste, interfere with (e.g.) crush, or
manipulate in any way, solid waste. This provision does not:
1 . Apply to a government employee acting to remove solid waste
or waste because of a present or imminent danger;
2. Prohibit any person transporting solid waste through the City that
is not collected within the City;
3. Require Franchisee to store, collect, transport, dispose of, or
resource recover any unacceptable waste; provided, however,
that Franchisee may engage in a separate business of handling
such wastes separate and apart from this Franchise and Chapter;
or prevent the City from conducting an annual clean-up
campaign for the collection of recyclable materials, organic
materials, solid waste, or other materials from the residences in the
City, or in any other way providing for the beauty of the City and
the safety and convenience of its citizens.
4. Prohibit the purchase of materials for fair market value as
authorized in this ordinance.
B. Unauthorized Use. No person is permitted to place any material in a
container, drop box, or other receptacle not provided for such person's
use without the permission of the person receiving the service from the
Franchisee.
C. Title. Title to solid waste shall pass to Franchisee when loaded into
Franchisee's collection vehicle or otherwise received by Franchisee. Title
to and liability for any unacceptable waste shall at no time pass to
Franchisee. Franchisee shall have the right to revoke acceptance of
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Ordinance No. 2647
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any solid waste at any time such solid waste is discovered to be or
contain unacceptable waste.
D. Unacceptable waste. No person shall place hazardous wastes or
unacceptable waste for collection or disposal by Franchisee at the
curbside. Hazardous waste and unacceptable waste shall be disposed
of only at collection events for this specific purpose.
E. Accumulation of Waste. No person shall accumulate or store waste that
is unsightly or in violation of the City's nuisance ordinance, or in violation
of regulations of the Oregon Environmental Quality Commission.
F. Approved Containers. No customer shall use any waste collection
container unless it is supplied by or approved by Franchisee.
G. Safe Loading Requirements. No stationary compactor, cart or
container for residential, commercial or industrial use shall exceed the
safe loading requirements designated by Franchisee.
H. Access to Container. No container shall be located behind any locked
or latched gate or inside of any building or structure unless authorized
by Franchisee. No person shall block the access to a container.
I. Safe Access. Each customer shall provide safe access to the solid waste
or solid waste container without hazard or risk to Franchisee.
J. Cart Placement. Placement of carts must be within three (3) feet of
curb but shall not restrict access to bicycle lanes or sidewalks and shall
not be blocked by vehicles or other items. Items not for collection must
be at least three (3) feet from carts. Placement of carts is limited to a
time period of twenty four (24) hours prior to pick-up and twenty four
(24) hours after pick-up. Carts within alleys shall be placed to
accommodate collection vehicles.
K. Clean Carts and Surrounding Areas. Generators or producers of waste
shall clean carts and shall keep the area around carts and containers
free of accumulated wastes.
L. Stationary Compactor. No person shall install a stationary compacting
device for handling of solid wastes unless it complies with all applicable
federal, state, and local laws and regulations. Franchisee shall not
service any such device unless these requirements are adhered to at
all times.
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Ordinance No. 2647
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M. Train System. No person shall install or operate a "train system" for the
purpose of solid waste collection under this franchise agreement.
N. Penalties. In addition to, and not in lieu of any other available legal
remedies, any violation of Section 12 of this Ordinance constitutes a
Class 2 Civil Infraction, which shall be processed according to the
procedures contained in the Woodburn Infraction Ordinance. Each
day of continued violation is a separate offense and is separately
punishable, but may be joined in a single prosecution.
Section 13. City Responsibility.
A. Emergency Service. In the event the Council finds an immediate and
serious danger to the public creating a hazard or serious public
nuisance, the Council may, after a minimum of twenty-four (24) hours'
actual notice to the Franchisee, and a public hearing if Franchisee
requests it, authorize another person or entity to temporarily provide
service under this Ordinance, or the City may provide such service.
Franchisee will make all reasonable efforts to assist the City in such
emergency situations. In the event the power under this Section is
exercised, the usual charges for Service will prevail, and the
Franchisee is entitled to collect such usual charges but shall reimburse
the City for its actual cost, as determined by the City.
B. City Collection. Nothing herein contained is to be construed in any
way as to prevent the City from conducting a semi-annual clean-up
campaign for the collection of brush, cleaning out of garages or
basements, or any other facility or location in the City so as to prevent
public nuisances and so as to provide for the beauty of the City and
the safety of its citizens.
C. City Enforcement of Franchise violations by Customers. The City,
through its appropriate officers, shall take all appropriate steps to
protect the exclusive right of Franchise hereby granted to the
Franchisee.
1 . The City has authority to enforce this Ordinance, and any other
rules and regulations adopted pursuant thereto. The City
Manager or Designee may entitle appropriate city employees,
including police officers, and others to enter premises to
ascertain compliance with this Ordinance. No premises shall be
entered without first attempting to obtain the consent of either
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Ordinance No. 2647
36
the owner or person in control thereof, if different. If consent
cannot be obtained, the City representative shall secure a
search warrant from the appropriate court before attempting to
gain entry and shall have recourse to every other remedy
provided by law to secure such entry.
2. City shall seek to enforce the rights the City has granted to
Franchisee hereunder, however the City shall not be obligated to
instigate litigation to protect the rights of Franchisee. Franchisee
may independently enforce its rights under this Ordinance
against third party violators, including but not limited to seeking
injunctive relief, and the City shall use good faith efforts to
cooperate in such enforcement actions brought by Franchisee
without obligating the City to join any such litigation.
Notwithstanding the foregoing, the City shall enforce its
municipal ordinances in the ordinary course against third parties
providing authorized Service and shall, if necessary, pass such
additional ordinances as may be required to maintain the
exclusiveness of the Franchise.
3. Damages and Penalties. The City may prosecute in the
Woodburn Municipal Court, any person's violation of or non-
compliance with this Ordinance. Any person who provides
services in violation of the Franchise or this Ordinance shall also
be liable to Franchisee and the City, as applicable, for each of
their damages, including without limitation, the following:
a. Lost customer revenue due to Franchisee;
b. Franchise fees owed to City;
c. Other appropriate legal or equitable remedy available to
Franchisee and/or the City; and
d. Reasonable Attorney's fees, expenses and costs incurred
by Franchisee in enforcing this Ordinance, including any
attorney fees incurred at trial or on appeal.
The burden of proof is on the City to prove an infraction by a
preponderance of the evidence. Any violation or non-
compliance with this Ordinance by Franchisee will be enforced
pursuant to the terms of this Ordinance.
D. City Enforcement of Franchise violations by Franchisee.
1 . The City Manager shall have the right to observe and inspect all
aspects of collection operations, facilities, services, and records
which are subject to the provisions of this franchise, to ensure
compliance.
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Ordinance No. 2647
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2. If Franchisee at any time fails to promptly and fully comply with
any obligation of this agreement after receiving a written notice
and a reasonable opportunity to comply, the City Manager may
elect to perform the obligation at the expense of Franchisee.
3. If Franchisee defaults in any of the terms required to be
performed by it under the terms of this franchise, and the default
continues for ten (10) days after written notification by the City
Manager, this franchise may, at the option of the Council,
become null and void.
4. The City Manager reserves the right to make such further
regulations as may be deemed necessary to protect the interests,
safety, welfare and property of the public and carry out purposes
stated in Section 2 of this franchise agreement. The City Manager
or Franchisee may propose amendments to this franchise.
Proposals shall be in writing and shall be afforded an adequate
review process. After review of the proposed amendments to the
franchise, the Council may adopt the amendments.
5. All remedies and penalties under this franchise agreement,
including termination, are cumulative, and the recovery or
enforcement of one is not a waiver or a bar to the recovery or
enforcement or any other recovery, remedy or penalty. In
addition, the remedies and penalties set out in this ordinance are
not exclusive, and the City reserves the right to enforce the penal
provisions of any other ordinance, statute or regulation, and to
avail itself of any all remedies available at law or in equity. Failure
to avail itself of any remedy shall not be construed as a waiver of
that remedy. Specific waiver of any right by the City for a
particular breach shall not constitute a general waiver of the
City's right to seek remedies for any other breach, including a
repetition of the waived breach.
6. For violations of this Ordinance occurring without just cause, the
City Manager or their designee may assess penalties against
Franchisee as follows:
a. For failure to adhere to any of the material provisions of this
Ordinance as outlined in Section 17, Two Hundred Fifty
Dollars ($250.00) per day for each provision not fulfilled.
b. For failure to comply with Oregon Occupational Safety
and Health Administration and Oregon Department of
Transportation safety requirements or Oregon Department
of Environmental Quality rules and regulations, the penalty
shall be Two Hundred Fifty Dollars ($250.00) per day, per
occurrence.
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Ordinance No. 2647
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c. For failure to comply with any provision of this franchise, for
which a penalty is not otherwise specifically provided, the
penalty shall be One Hundred Twenty Five Dollars ($125.00)
per day, per occurrence.
d. For failure to comply with reasonable requests of the City
Manager related to service, the penalty shall be One
hundred Dollars ($100.00) per day per request.
7. Procedure for Imposition of Penalties.
a. Whenever the City Manager finds that Franchisee has
violated one (1 ) or more terms, conditions or provisions of
this franchise, a written notice, or a verbal notice followed
by a written notice, shall be given to Franchisee informing
it of such violation or liability. If the violation concerns
requirements mandated by the Oregon Occupational
Health and Safety Administration or the Oregon
Department of Environmental Quality, a verbal notice
followed by a written notice may be given. For these safety
or public health violations, Franchisee shall have twenty
four (24) hours from notification to correct the violation. For
all other violations and liabilities the written notice shall
describe in reasonable detail the specific violation so as to
afford Franchisee an opportunity to remedy the violation.
Franchisee shall have ten (10) days subsequent to receipt
of the notice in which to correct the violation. Franchisee
may, within five (5) days of receipt of notice, notify the City
Manager that there is a dispute as to whether a violation
or failure has, in fact, occurred. Such notice by Franchisee
to the City Manager shall specify with particularity the
matters disputed by Franchisee.
b. The City Council shall hear Franchisee's dispute at its next
regularly or specially scheduled meeting. The Council shall
supplement its decision with written findings of fact.
c. If after hearing the dispute the claim is upheld by the
Council, Franchisee shall have ten (10) days from such a
determination to remedy the violation or failure. Penalties
shall accrue from time of initial notification until such time
as the violation or failure is resolved to the satisfaction of
the City Manager.
d. Franchisee shall be liable for full payment of all penalties
imposed under this section.
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Ordinance No. 2647
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E. Non-enforcement by the City. Franchisee shall not be relieved of its
obligation to comply with any of the provisions of this franchise by
reason of any failure of the City Manager to enforce prompt
compliance.
F. Annexation. Immediately upon the annexation to the City of additional
territory, the City shall take such steps as may be necessary to give the
Franchisee the exclusive right to collect Solid Waste within the annexed
area. The City shall notify any other solid waste collector to cease
collection on or before ninety (90) days from the date of such notice.
Franchisee shall endeavor to arrive at a mutually satisfactory
agreement with any other solid waste collector who has been serving
any such newly annexed area concerning appropriate compensation
for the cessation of its solid waste collection services. In the event the
Franchisee and other solid waste collector cannot reach an
agreement, the matter may be submitted to an arbitration board. The
arbitration board will consist of one arbitrator selected by the
Franchisee, one selected by the City, and one selected by the solid
waste collector in the newly annexed area. The decision of the
arbitration board will be binding on all parties to the arbitration, and the
award of the arbitrators will be final. In the event of arbitration, it is
contemplated that the award will include payment of money by the
Franchisee to the solid waste collector in the newly annexed area.
Section 14. Insurance and Bonds.
A. Insurance. The Franchisee shall obtain, at Franchisee's expense, and
keep in effect during the term of this Franchise:
1 . Commercial General Liability Insurance. Franchisee shall carry
Commercial General Liability insurance with the following
minimum coverages: Bodily Injury and Property Damage Each
Occurrence - $2,000,000; Personal Injury Each Occurrence -
$2,000,000; Products & Completed Operations Aggregate -
$3,000,000; General Aggregate-$3,000,000. All of the foregoing
coverage must be carried and maintained at all times during the
term of this Franchise.
2. Workers Compensation Insurance. Franchisee and any
subcontractor of Franchisee that provides work, labor, or
materials under this Franchise and is subject to the Oregon
Workers Compensation Law shall comply with ORS 656.017, which
requires them to provide workers compensation coverage that
satisfies Oregon law for all their subject workers under ORS
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Ordinance No. 2647
40
656.126. Out-of-state subcontractors must provide Oregon
workers compensation coverage for their workers who work at a
single location within Oregon for more than thirty (30) days in a
calendar year. This shall include Employer's Liability Insurance with
coverage limits of not less than $1 ,000,000 for each accident.
3. Contractor's Pollution Liability Coverage. Franchisee shall carry
sudden and accidental and gradual release contractor's
pollution liability coverage that will cover, among other things,
any spillage of paints, fuels, oils, lubricants, de-icing, anti-freeze,
or other hazardous materials, or disturbance of any hazardous
materials, in accordance with DEQ and EPA clean-up
requirements. The coverage shall be in the amount of $1,000,000
for each occurrence (each contamination incident) and
$3,000,000 general aggregate.
4. Business Automobile Liability Insurance. Franchisee shall provide
the City an ACORD 25 Certificate of Insurance evidencing
Franchisee has business automobile liability coverage for all
owned, hired, and non-owned vehicles. The combined single
limit per occurrence shall not be less than $1 ,000,000.
5. Insurance Carrier Rating. Coverages provided by Franchisee
must be underwritten by an insurance company with an A.M. Best
Rating of A- VIII or better. The City reserves the right to reject any
or all insurance carrier(s) with a financial rating that is lower than
A- VIII by A.M. Best.
6. Certificates of Insurance. As evidence of the insurance coverage
required by this Franchise, Franchisee shall furnish an ACORD 25
Certificate of Insurance to the City. This franchise shall not be
effective, and services shall not be performed hereunder, until
the required certificate(s) of insurance evidence the coverage
required herein have been received and approved by the City.
The Commercial General Liability Policy shall name the City of
Woodburn, its officers, officials, employees and agents as
Additional Insureds as respects to operations performed under
this franchise agreement via blanket-form endorsement.
Franchisee shall be financially responsible for all pertinent
deductibles, self-insured retentions and/or self-insurance.
Franchisee shall obtain a blanket-form notice of cancellation
endorsement from its insurance carrier(s), on the policies required
herein, except Workers Compensation and Employer's liability,
requiring the insurance carrier(s)' authorized representative to
notify the City thirty (30) days prior to any cancellation or material
change in such insurance coverage, as provided above.
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Ordinance No. 2647
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B. Bonds. The Franchisee shall furnish a bond to the City in the amount of
$1 ,000,000, to ensure the faithful performance by the Franchisee of the
Service the Franchisee is required to provide under this Ordinance. The
bond will provide for liquidated damages as provided in Section 18 of
this Ordinance.
Section 15. Inspection, Delivery of Notices, Review of Records and Reports.
A. Access for Inspection and Delivery of Notices. Franchisee must make
all of Franchisee's premises, facilities, equipment, and records related
to its solid waste, recyclable materials, organic materials, and other
materials (including, but not limited to, offices, storage areas, financial
records, non-financial records, records pertaining to the origin of any
solid waste collected by Franchisee, receipts for sale or delivery of
collected recyclable materials, Customer lists, and all records relating
to vehicle maintenance and safety that are required under Oregon
Department of Transportation motor carrier requirements and
regulations and Oregon Revised Statutes Chapter 767) available for
inspection by the City Manager or Designee within forty-eight (48)
hours of written notice by certified mail or personal delivery. Such
inspections are only for purposes of enforcing this Ordinance and are
restricted to normal business hours. During normal business hours,
Franchisee must make all company premises and facilities accessible
to the City for delivery of any written notices. Where receptacles are
stored in the public right-of-way, or when the City is inspecting a
situation where the Franchisee is allegedly commingling recyclable
materials, organic materials, and other materials with solid waste, the
need for 48-hour prior written notice does not apply to inspection of
receptacles or vehicles.
B. Quarterly Franchise Fee Reports. Franchisee must complete and remit
to the City Manager or designee a Quarterly Franchise Fee Report no
later than the date the quarterly Franchise Fee payment is due. The
Quarterly Franchise Fee Report must include a statement of gross
revenue for that quarter covered by the tendered franchise fee. Such
statements are public records. Franchisee must maintain books and
records disclosing the receipts derived from service conducted within
the City, which must be open at reasonable times for review by the
City Manager or Designee within forty-eight (48) hours of written notice
by certified mail or by personal delivery. Intentional misrepresentation
of gross revenue constitutes a material breach of the Franchise and
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Ordinance No. 2647
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this Ordinance and is cause to initiate the process to terminate the
Franchise, in addition to any other legal or equitable remedies
available to the City.
C. Annual Franchise Reports. Each year, concurrent with the date upon
which Franchisee reports its year-end financial information to the
Marion County COSA process, but in no case later than June 30th,
Franchisee must complete and remit to the City Manager or designee
an Annual Franchise Report, which must include the following
information:
1 . Total Franchise payments remitted and basis for calculations.
2. Year-end financial statements of Franchisee for service within the
City limits only, including: Statement of income and schedule of
expenses for the previous three (3) years, and a forecast for the
current year.
3. Information about Customer counts, services provided, disposal
volumes, and recycling activities for all Customer classifications
and for all programs identified in this Ordinance for the prior
calendar year. This information shall include, but is not limited to,
current and previous year's total of residential, commercial and
industrial customers within City limits, including tons of solid waste
generated, number of recycling customers within City limits, and
percentage of materials recycled.
4. A synopsis of Franchisee's operations during the prior calendar
year, including: a description of the measures the Franchisee has
taken to make its operations more efficient, a listing of efficiency
measures which it intends to take in the next calendar year, a
composite table showing the type and number of customer
service complaints and a description of the measures that the
Franchisee has taken or is planning to take to correct the cause
of commonly reported complaints, and such other information as
requested by the City Manager or Designee.
5. A description and quantification of communication, outreach,
and educational activities performed by Franchisee during the
prior calendar year.
6. A summary of food waste contamination instances, including
information regarding the fees assessed and any rejected loads
(e.g., amount of food waste disposed of as solid waste) during
the prior calendar year.
7. The quantities of solid waste, recyclable materials, organic
materials, and other materials by Customer classification
collected within the City during the prior calendar year, the
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Ordinance No. 2647
43
locations to which these materials were delivered, the number of
Customer accounts, and other information requested by the City
Manager or designee and mutually agreed upon by Franchisee.
8. A summary of communication, marketing, and educational
outreach conducted by Franchisee during the prior calendar
year.
9. The number of Customer complaints and a summary of the type
of complaints received during the prior ,calendaryear, along with
a summary of Franchisee's response to these Customer
complaints. This information shall, at a minimum include a
summary of the customer survey results as required in Section 11
of this Ordinance, and a summary of annual customer service
reports are required in Section 15 of this Ordinance.
10.A summary of industry trends and the direction of Franchisee over
the next several years.
11 .Any other information pertaining to performance standards as
specified in the franchise agreement.
12.At City request, Franchisee shall make an annual presentation to
City Council which shall include the information outline above.
D. Franchisee may identify specific information submitted to the City in
Quarterly Franchise Fee Reports, Annual Franchise Report, and any
other documents or information provided to the City as
"CONFIDENTIAL," and it will not be subject to public disclosure except
as required by applicable federal or state law. If the City receives a
request for disclosure of information marked as "CONFIDENTIAL"
pursuant to this Ordinance, the City Manager or designee will notify
Franchisee within seven (7) calendar days after receiving the request
to allow Franchisee an opportunity to defend against the requested
disclosure through appropriate legal action. The City is not obligated
to defend against the disclosure of any information marked
"CONFIDENTIAL" by Franchisee.
E. No later than forty-eight (48) hours after written notice, Franchisee
must make available for inspection, copying, and review by the City
Manager or Designee, at any time during normal business hours, all
records in Franchisee's possession that the City Manager or Designee
deems relevant to verifying the accuracy of Franchise Fees paid to
the City, regulating service rates, or carrying out any responsibility that
Franchisee or the city has under this Ordinance.
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F. No more often than once during any calendar year, the City may
perform a review of the books, records, and accounts of Franchisee for
the prior year through a certified public accountant, or such other
professional chosen by the City, to verify the accuracy of Franchise Fees
paid to the City, Franchisee's Operating Margin, and/or any
Extraordinary Rate Increases.
1 . In the event such review discloses any difference in payment due
to either the City or Franchisee, the review will be submitted to
the Council. The Council may accept, reject, or modify the
findings in the review. If the Council orders, by resolution,
payment to the City or Franchisee, such payment owed is due
and payable within thirty (30) calendar days of the date of the
resolution.
2. If the review discloses a discrepancy in Franchisee's actual
Allowable Expenses upon which an Extraordinary Rate Increase
is approved by the Council through resolution was based, Service
Rates may be adjusted to reflect the Service Rates authorized
under Section 8, through resolution of the Council, within forty-
five (45) calendar days of the date of the resolution.
3. If Franchisee owes the City a payment of the Franchise Fee under
(F)(1 ) of this Section, and the payment is more than one percent
(1%) of the annual Franchise Fee, Franchisee will reimburse the
City all its actual costs for the review and the City may request an
additional review during the next calendar year, with all actual
costs of such additional review paid by Franchisee. The City may
also charge interest retroactive to the payment due date, at a
rate of twelve percent (12%) per annum.
4. City and Franchisee are not required to make payments to the
other for years that previously have been, or could have been,
reviewed by the City. Prior review years may not be reopened
based on findings made in connection with the review of a
subsequent year unless the City finds evidence implicating
intentional misrepresentation by Franchisee.
Section 16. Dispute Resolution
A. Dispute Resolution with Customers.
1 . Any Customer who is aggrieved or adversely affected by any
application of the franchise or policy of the Franchisee shall first
attempt to settle the dispute by notifying the Franchisee of the
nature of the dispute and affording Franchisee the opportunity to
resolve the dispute.
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a. Upon receipt of any notice of dispute from a Customer
about any bill, charge, service, or customer service issue,
Franchisee will thoroughly investigate the matter and
promptly report the results of its investigation to the
Customer. Except in the event a Customer has
attempted to improperly dispose of Hazardous Waste in
violation of federal, state, or local laws or regulations,
Franchisee will not refuse Service to any Customer during
a time of dispute.
b. If Franchisee is not able to resolve a dispute with the
Customer, the Customer may contact the City Manager
or Designee, who will act as an informal mediator in an
attempt to resolve the matter. The City Manager or their
Designee may require a written description of the dispute
form either party, to mediate the dispute.
c. If the City Manager or Designee is unable to resolve the
dispute, the Customer or Franchisee may appeal to the
City Council who shall hear the dispute. The decision of
the City Council shall be binding.
d. If the dispute remains unresolved, either party may seek
a write of review with Marion County Circuit Court to
resolve the dispute.
B. Dispute Resolution with the City. During all disputes arising under this
Ordinance, the City and Franchisee will continue to perform their
respective obligations under this Franchise unless and until the Franchise
is terminated. Notwithstanding any other section of this Ordinance,
Franchisee and the City will make good faith efforts to resolve any
disputes, including, upon mutual agreement, undergoing mediation.
Section 17. Suspension, Modification, or Revocation of Franchise.
A. City Right to Revoke.
1 . In addition to all other rights which the City has pursuant to law or
equity, the Council reserves the right to revoke, terminate, or
cancel this franchise, and all rights and privileges pertaining
thereto, in the event that Franchisee violates any of the following
provisions of this franchise which are deemed to be material and
to the performance of the franchise, and fails to cure such
violation:
a. Establishment and Modification of Service Rates
b. Service Standards.
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c. Insurance and bonds
d. Review of Records and Reports
e. Franchise Responsibility.
f. Sale, Transfer, Lease, and Subcontract
2. The Council further reserves the right to revoke, terminate, or
cancel this franchise, and all rights and privileges pertaining
thereto, in the event that:
a. Franchisee practices any fraud upon City or Customer.
b. Franchisee becomes insolvent, unable or unwilling to pay
its debts, or is adjudged bankrupt.
c. Franchisee misrepresents a material fact in the
negotiation of, or renegotiation of the franchise.
d. Franchisee is found to be in default of the Franchise as
defined in Section 18 of this Ordinance.
B. Continuity of Service.
1 . Upon expiration, termination, or revocation of this Franchise, the
City Manager may require Franchisee to continue to operate the
system for an extended period of time, not to exceed twelve (12)
months. Franchisee shall, as trustee for its successor in interest,
continue to operate under the terms and conditions of this
Franchise. In the event Franchisee does not so operate, the City
Manager may take such steps as deemed necessary to assure
continued service to subscribers. Costs associated with such
actions shall be the sole responsibility of Franchisee.
C. Modification or Amendment. If is the intent of the parties that this
Agreement may be amended from time to time to conform to any
changes in the controlling federal or state law or other changes
material to this agreement. Each party agrees to negotiate in good
faith with the other party concerning such proposed amendments.
1 . This Agreement may be amended or terminated by the mutual
consent of the parties and their successors-in interest.
2. To the extent any lawful City rule, ordinance or regulation is
adopted on a jurisdiction-wide basis and is generally imposed on
similarly situated persons or entities, the rule, ordinance or
regulation shall apply without need for amendment of this
Agreement. City shall provide Franchisee notice of any such
change in law prior to its adoption.
Section 18. Default.
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A. Default. Franchisee is in default of the franchise upon failure to comply
with written notice from the City to provide necessary service or to
otherwise fail to comply with the provisions of this Ordinance, state law
and regulations, or federal law and regulations after Written Notice and
reasonable opportunity to comply.
B. Timing after Notice. No later than the end of the cure period, the
Franchisee shall comply with the written notice and this Franchise or else
request a public hearing before the Council. In the event of a public
hearing, the Franchisee and other interested persons will have an
opportunity to present information and oral or written testimony. If the
Franchisee fails to comply within the specified time or fails to comply
with the order of the Council entered upon the basis of findings at the
public hearing, the Council, in its sole and absolute discretion, may
suspend, modify, or revoke the Franchise or make such action
contingent upon continued noncompliance with this Ordinance. The
Franchisee has the right to seek review of any such action by the
Council from the Marion County Circuit Court, pursuant to ORS 34.010
through ORS 34.102.
C. Liquidated Damages. The Franchisee's insurance bond provided for in
Section 14 of this Ordinance, will provide that, in the event of default,
the City will be entitled to One Thousand Dollars ($1 ,000) as liquidated
damages for each day that Franchisee is in default after the Cure
Period for failure of the Franchisee to perform as required. The
Franchisee and the City agree that this amount of liquidated damages
is a reasonable forecast of just compensation for the harm caused by
any breach by Franchisee and that the extent of damages will be
impractical or impossible to calculate due to the variety of Services
provided by the Franchisee and the vast number of Customers that rely
on the Services.
D. Costs of Temporary Replacement Services. In the event of default
uncured after the Cure Period, in lieu of liquidated damages, the City
may obtain replacement Service from another party, and Franchisee
must reimburse the City for all reasonable costs incurred by the City,
including City staff time and resources, due to Franchisee's breach of
this Franchise, and must pay to the City any Franchise Fees owed.
Section 19. General Provisions.
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A. Written Notice. All notices, reports, or demands required to be given in
writing under this franchise shall be deemed to be given when a
registered or certified mail receipt is returned indicating delivery as
follows:
If to the City:
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
Attn: Heather Pearson, city Recorder
If to Franchisee:
United Disposal Service, inc
P.O. Box 608
Woodburn, Oregon 97071
Attn: John Olivares, General Manager
B. Indemnity and Hold Harmless. The Franchisee agrees to indemnify,
defend and hold harmless the City, its officers, employees, volunteers
and agents from any and all claims, demands, action, or suits arising out
of or in connection with the City Council's grant of this franchise.
Franchisee shall be responsible to defend any suit or action brought by
any person challenging the lawfulness of this franchise or seeking
damages as a result of or arising in connection with its grant; and shall
likewise be responsible for full satisfaction of any judgment or settlement
entered against the City in any such action. The City shall tender the
defense to the Franchisee, and Franchisee shall accept the tender
whereupon the City shall assign to Franchisee, complete responsibility of
litigation including choice of attorneys, strategy and any settlement.
1 . Franchisee's costs incurred in satisfying its obligations as defined
above shall not decrease the total amount of compensation paid
to the City and shall not increase the total amounts paid by the
ratepayers for which Franchisee serves under the authority of the
franchise agreement. All such expenses shall be the sole
responsibility and burden of Franchisee.
2. Damages and penalties under this Section include, but shall not
be limited to, damages arising out of personal injury, property
damage, copyright infringement, defamation, theft, and fire.
C. Rules of Construction. This ordinance shall be construed liberally in
order to effectuate its purposes. Unless otherwise specifically
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Ordinance No. 2647
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prescribed in this ordinance, the following provisions shall govern its
interpretation and construction.
1 . The singular may include the plural number, and the plural may
include the singular number.
2. "May" is permissive and "shall" is mandatory.
D. Calculation of time. Time shall be computed so as to execute the first
and include the last day of the prescribed or fixed period of time unless
stipulated otherwise in this agreement. When the last day of the period
falls on Saturday, Sunday, or a legal holiday, that day shall be omitted
from the computation.
E. Severability. If any portion or phrase of this ordinance is for any reason
held invalid or declared unconstitutional by any court, such portion
shall be deemed a separate and independent provision; and such
holding shall not affect the constitutionality of the remaining portion
hereof. The council hereby declares that it would have passed this
ordinance and each portion and phrase hereof, irrespective of the
fact that any one (1 ) or more portions or phrases be declared illegal,
invalid or unconstitutional. If, for any reason, the franchise fee under
Section 5 of this ordinance is invalidated or amended by the act of
any court or governmental agency, the City Manager may either
renegotiate the compensation section of this agreement or adopt the
highest reasonable franchise fee allowed by such court or other
governmental agency as the franchise fee charged by this ordinance.
F. Forum. Any litigation between the City and the Franchisee arising under,
relating to, or regarding this Franchise will occur in Marion County Circuit
Court.
G. Written Acceptance. Within fourteen (14) days after this Ordinance
becomes effective, Franchisee shall provide the City Recorder a written
acceptance of this Franchise. A failure on the part of Franchisee to
provide such written acceptance within such time shall be deemed an
abandonment and rejection of the rights and privileges conferred
hereby, and the Ordinance granting this Franchise shall thereupon by
null and void. Such acceptance must be unqualified and will be
construed as acceptance of all the terms and conditions contained in
this Franchise.
H. Repealing Clause. This ordinance shall repeal Ordinance 2552 as
amended by Ordinance 2554 and 2635. If any portion of this ordinance
is void for any reason, the remaining portions shall remain in full effect.
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Ordinance No. 2647
50
This ordinance shall be in full force and effect as of the date indicated
below, but this ordinance shall be void unless Franchisee files with the
City Recorder, within thirty (30) days, Franchisee's unconditional written
acceptance of the terms, conditions, and obligations to be complied
with or performed by it under this ordinance.
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Ordinance No. 2647
51
Approved as to form:____________________.--- _
City At r ey Date
APPROVED:
Mayor
Passed by the Council: 2.0
Submitted to the Mayor: ZL)
Approved by the Mayor: t .., Z YZ- c'
Filed in the Office of the Recorder:
ATTEST_____________________
Recorder
City of Woodburn
ACCEPTED BY FRANCHISEE this day of , 2026:
By
United Disposal Service, Inc.
dba Republic Services of Marion County-Woodburn
Page 52 Council Bill No. 3301
Ordinance No. 2647
52
Approved as to forr a:.. _ :...... ........._. f '
City At y Date
ED ._. �
Mayor
Passed by the Council: Lew" a i .N L. :
Submitted to the Mayor:
Approved d by that ,Mayor: I
Filed in the Office of the Recorder: a : , ... .. .
ATTESTJ �� " a
Recorder
Cuty of Woodburn
ACCEPTED BY FRANCHISEE this JLday of .. 2026:
United Disp sal Sore
.a,- nc,
dba Repu iac Serves of Marion County-Woodk urn
Page 52 Council Bill No, 3301
Ordinance No. 2M7
52
Approved as to form: "
City Ajfrfy Date
APPROVED, ....
layar
Passed by the Council . kZ 4 . A
Submitted to the Mayor:
Approved by the Mayor:
Filed in the Office of the Reorder; _
ATTEST
"fit„' d1
Recorder
City of Woodburn
ACCEPTED BY FRANCHISEE this " .day of . .... ...__� 2C26:
Uri ed DispSsaI
...Sery .__.
dba Repu lic Servi ;es of Marion County-Woodburn
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Ordinance No. 2647
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