Ord 1742COUNCIL BILL N0. 612
ORDINANCE N0. 1,742
AN ORDINANCE GRANTING RANDY C. GARNER, DBA WOODBURN AMBULANCE AND HEALTH CARE,
EXCLUSIVE FRANCHISE TO OPERATE AN AMBULANCE SERVICE IN THE CITY OF WOODBURN; DEFINING
THE TERMS AND CONDITIONS UPON WHICH THE FRANCHISE IS GRANTED; SETTING FORTH THE RATES
FOR AMBULANCE SERVICE THAT MAY BE EXACTED BY THE GRANTEE; DEFINING CERTAIN TERMS;
PROVIDING FOR THE REVOCATION OF THE FRANCHISE; REPEALING ORDINANCES 1480, 1621 AND
1659; AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. The City of Woodburn hereby grants unto Woodburn Ambulance
and Health Care, hereinafter referred to as the "grantee", exclusive franchise,
right and privilege, subject to such modifications as are hereinafter set forth, to
operate an ambulance service within the corporate limits of the city of Woodburn, as
such limits now exist or may hereafter be expanded, for a period of three years,
beginning February 1, 1981.
Section 2. Grantee shall furnish ambulance service within the corporate
limits of the city of Woodburn, where such service is requested and required, promptly
and with dispatch. The maximum rates and charges to be made to persons receiving
ambulance service are as follows:
Base rate, Woodburn city residents
Base rate, Non-city of Woodburn residents
Mileage, dispatch to destination, per__~ile
Waiting time, per hour
Emergency charge
Oxygen service
Splints -cardboard or traction
Orthopedic stretcher service
I.V. start and maintain
I.V. maintain only
EKG monitoring
3-EKG electrodes, non-reusable
Defibrillation
Endotracheal intubation
$75.00
$90.00
$ 3.50
$60.00
$16.00
$12.00
$ 7.00
$ ~.oa
$25.00
$ 5.00
$25.00
$ 5.25
$35.00
$25.00
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ORDINANCE N0. 1742
Oral airways, each $ 3.00
Ice or heat packs, each $ 2.00
Burn sheets, each $11.00
Cervical collars, each $10.00
Sterile water or sterile saline, per liter $ 6.75
Emergency childbirth kit $13.00
Poison antedote kit $ 7.25
Ace elastic bandage $ 3.25
Rotating tournequets $ 5.00
Bag mask resuscitation $15.00
Blood sample drawn $ 8.00
Suctioning $12.50
Endotracheal tubes $ 8.00
Drugs: current cost X 2 (includes administration charge)
Section 3. Grantee shall furnish to the City of Woodburn a bond in
sufficient amount and with sufficient sureties thereon, acceptable to the City of
Woodburn to insure the faithful performance by the grantee of the ambulance service
for which this franchise is awarded and, in default thereof for any reason other
than financial inability to perform, shall pay to the City of Woodburn the sum of
$3,000.00 as liquidated damages for the failure of grantee to so perform.
Section 4. The rate provided in Section 2 hereof, and the license fee
hereinafter provided in Section 5, may each be changed and revised, either upward or
downward, after public hearing before the Common Council; and any revised rates shall
be fixed so as to accord the grantee a reasonable rate of return and to insure
efficient and beneficial service to the City. Grantee is permitted to request a
rate review and possible increase in rates annually, but the decision to grant or
deny any change in rates shall be made by the Common Council only after all other
provisions of this ordinance pertaining to rate changes have been met.
Section 5. For the privilege or franchise herein granted, the grantee
shall pay to the city of Woodburn, payment to be made to the city treasurer, a fee
equal to one-tenth of 1 per cent of the gross receipts collected each year by the
grantee for patients picked up within the corporate limits of the city of Woodburn.
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The first payment shall be made February 1, 1982, and shall be based upon the receipts
of the grantee during the previous franchise year from February 1, 1981, to January 30,
1982. Such payment shall constitute the tax for the first franchise year; and
annually thereafter on the first day of each February, the grantee shall pay the annual
tax based upon the gross receipts during the last preceding franchise year, which
payment shall constitute the tax for the previous franchise year. The grantee shall
furnish to the city treasurer, at the time of making the annual payment, a complete
statement setting forth the gross receipts received by the grantee during the preceding
franchise year, and if requested by the Common Council, the grantee shall permit the
City to have an account or auditor examine the books of the grantee.
Section 6. The grantee shall provide, maintain and use adequate ambulances,
motor vehicles and equipment so as to provide good and satisfactory ambulance service
in the city of Woodburn and will provide and maintain at least one motor vehicle-ambu-
lance, hereinafter referred to as a "Class A" ambulance, which shall be of the five-
door type with a partition between the driver and patient compartment, having a length
in the patient compartment of not less than 7~ feet interior measurement between the
partition and rear at cot level, and having a height in the interior of the patient
compartment sufficient to allow a patient to be placed in a full sitting position
while on an ambulance cot. The grantee may also provide and maintain a motor vehicle-
ambulance, hereinafter designated as a "Class B" ambulance, which shall meet all
structural requirement of a Class A ambulance except that it may have only three
doors and no partition between the driver and patient compartment. The grantee may
also provide and maintain a motor vehicle-ambulance, hereinafter designated as a
"Class C" ambulance, which shall be a vehicle designed and used in transporting
persons solely for the singly and special purpose of:
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ORDINANCE NO. 1742
(1) Transporting patients requiring use of an iron lung; or
(2) Transporting patients capable of being transported in a wheel chair.
Grantee may substitute a Class B ambulance for grantee's Class A ambulance when said
Class A ambulance is being serviced or repaired,
Section 7. Any Class A or Class B ambulance shall be equipped at a minimum
with the following equipment:
(1) A two-way, short wave radio that is equipped to send and receive
messages from the Woodburn Fire Department and also grantee's own base station.
(2) An invalid couch type bed on wheels.
(3) A stretcher for a second patient so that such second patient can be
transported either on the floor of the vehicle or from appropriate hangers in the
vehicle.
(4) Leg and arm splints.
(5) Restraints.
(6) Oxygen equipment of not less than two D-size tank capacity and related
equipment for administering oxygen.
(7) An aspirator.
(8) Two pillows.
(9) Two blankets.
(1Q) An emesis basin.
(11) Clean Iinen sufficient for four patients at any one time.
(12) Several 4-inch by 4-inch sterile pads and rolls of 3-inch bandages.
(13) One tourniquet.
(14) One mouth gag.
(15) One pair of bandage shears.
(16) Such other equipment as is required by the city and county health
officers.
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A Class A ambulance shall also be equipped with a resuscitator. A Class C
ambulance need carry and contain only such first aid supplies, medical supplies and
equipment as is necessary to adequately and safely transport the particular type
of patient for which the vehicle is singly or specially designed and used.
Section 8. Except in an emergency situation as an isolated instance,
where required by the City, the grantee shall not allow any person to drive or serve
as an attendant of an ambulance unless such person has been issued a permit by the
City Administrator or unless such person is a Woodburn city fireman, Woodburn city
police officer, Marion County deputy sheriff, Oregon state police officer, duly
licensed doctor, registered nurse or licensed practical nurse.
Section 9. The grantee shall not use any ambulance for the transportation
of patients unless the ambulance, the operation thereof, and the operation of the driver
and attendant and such other of the grantee's personnel in or with such ambulance, are
insured by an insurance company licensed to conduct a liability insurance business
in the state of Oregon and insuring the grantee for liability for injury to persons
for not less than $1,000,000.00 to any person, and $300,000.00 in any single accident,
and $1,000,000.00 for damage to property, arising out of any negligence in the
operation of any such ambulance or of its personnel. Evidence of such insurance
being in force shall be filed with the City Recorder.
Section 10. The grantee shall make available, upon the City's request,
all of grantee's vehicles, equipment and premises used in grantee's ambulance business,
or to provide ambulance service, for inspection by the health officers of the city and
county. The grantee shall immediately take steps to comply with any directions of
such health officer in order to place such vehicles, equipment or premises in a suit-
able condition from the standpoint of health and sanitation for the conduct of an
ambulance business and to effect compliance with all state laws and local ordinances
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ORDINANCE N0. 174?
relating to health, safety and sanitation with regard to such vehicles, equipment
or premises.
Section 11. The grantee shall make available ambulance service within the
city of Woodburn 24 hours per day, seven days per week, and shall maintain a business
office within the city of Woodburn and shall maintain a telephone service which shall
be answered by appropriate personnel at all times. A telephone answering service
will not satisfy this requirement.
Section 12. Each driver and attendant of the grantee must present a
clean and neat appearance in both clothing and person to the extent that the proper
performance of their duties permits.
Section 13. All Class A and Class B ambulances must be manned by a crew
of at least two persons. During the transportation of any patient, one of such
persons must ride in the passenger compartment of such ambulance.
Section 14. The grantee shall keep for five years a written record of
all transport calls received or made, setting forth the date, time, destination,
nature of call, name and address of the patient so far as can be ascertained, the
hospital or place to which the patient was taken, the name of the ambulance driver,
and the name of all ambulance attendants for that particular call.
Section 15. Any of the grantee's ambulances carrying a patient afflicted
with a contagious or infectious disease shall thereafter be carefully and fully
fumigated or disinfected in its passenger compartment, and any equipment likely to
have been contaminated shall likewise be fumigated or disinfected before being used
for another patient.
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Section 16. The work of the grantee as herein contemplated, and the
equipment used, shall be to the reasonable satisfaction of the Common Council of
the City of Woodburn or such other city official as may from time to time be
designated by the City of Woodburn.
Section 17. Ambulance services other than the grantee may discharge
patients within the city of Woodburn provided said ambulance services made their
patient pickup outside of the city of Woodburn. An ambulance service other than the
grantee may be substituted any time the grantee is temporarily unavailable for any
reason.
Section 18. The operator of the Woodburn first aid and rescue car may
call an ambulance service other than the grantee if the grantee is unavailable.
Further, in emergency situations, in the event that the grantee is unavailable,
and in the event that the Woodburn first aid and rescue car picks up a patient,
the patient may be given full transport by the Woodburn first aid and rescue car,
without transfer to the grantee, enroute.
Section l9. In the event that the operator of the Woodburn first aid
and rescue car finds that an accident victim desires to be taken to a local
physician, rather than to a hospital, and in the event that the operator of the
Woodburn first aid and rescue car determines that the accident victim is ambulatory
and should not be left alone at the scene of the accident, the operator of the
Woodburn first aid and rescue car may transport the patient to a local physician,
without calling the grantee. The word "physician", as used in this section shall
include all practitioners of the healing arts.
Section 20. This franchise and anything pertaining thereto may be assigned
and transferred by the by the grantee to a third party after approval by the City
of Woodburn expressed by resolution of its governing body.
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Section 21. The grantee will hold the City of Woodburn harmless and
indemnify the City of Woodburn from any liability or obligation incurred by the
City of Woodburn in connection with or arising out of the grantee's operations or
debts in the performance of this ambulance service franchise, or debt arising in
connection therewith.
Section 22. The City of Woodburn, through its appropriate officers, shall
take all appropriate steps, within the power of the City of Woodburn, to protect
the exclusive right and interest hereby given to the grantee and shall cooperate in
all particulars with the grantee in protecting such exclusive right and shall, if
deemed necessary, pass such additional ordinances as may be required to make this
franchise of the grantee exclusive and to enforce such ordinances.
Section 23. Immediately upon the annexation to the City of Woodburn of
additional territory, the City of Woodburn shall take such steps as may be necessary
to give the grantee the exclusive right to operate an ambulance service within such
area; and the City shall notify any other ambulance service in such area to cease
such service on or before 94 days from the date of such notice. Provided, however,
the grantee shall endeavor to arrive at a mutually satisfactory agreement with any
such ambulance service in any such newly annexed area concerning tree ambulance
service therein; and in case the grantee and such ambulance service cannot reach
an agreement concerning the ambulance service in such newly annexed area, such matter
may be submitted to arbitrators, the grantee appointing one arbitrator, the City
appointing one arbitrator, and the ambulance service or ambulance services affected
in the newly annexed area having the privilege of appointing one arbitrator. The
decision of such arbitrators shall be binding upon all parties to the arbitration,
and the award made by them shall be final. In the event of such arbitration, the
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payment of money by the grantee to such other ambulance service is contemplated.
It is understood that no payment shall be required for the privilege of operating
an ambulance service if the local ambulance service has operated in the newly annexed
territory for less than six months.
Section 24. This franchise may be cancelled or revoked by the City of
Woodburn in the event that the grantee shall fail to abide by the terms set forth
and contained herein, or shall fail to perform the obligations imposed upon it
herein, or in case the grantee shall fail to meet the requirements of public convenience
and necessity from an overall standpoint in the operation of an ambulance service in
the city, or for failure to adequately meet the reasonable, demands of the residents
of any section of the city for ambulance service even though such service may be
unprofitable; but such revocation shall not be made until 30 days' written notice
is given to the grantee, which notice may be mailed and addressed to it at Woodburn,
Oregon; and the grantee shall be afforded a hearing, if such it desires, before the
Common Council before revocation is made, provided such hearing is requested before
the expiration of the 30 days. The grantee shall also have the privilege of termin-
ating this franchise in case the City of Woadburn shall not abide by its terms.
During the aforesaid 30-day period, the City shall have the right, at its option,
to use so much of the grantee's equipment as shall be reasonably necessary in order
to assure a continuity in the providing and rendering of ambulance service within
the city with reasonable and proper compensation to be paid by the City to the
grantee for such use. The temporary use of said equipment by the City shall contain
no implication of permanent acquisition by the City. In the event that the City
uses the grantee's equipment as herein provided, and the City and the grantee are
unable to agree between themselves as to the reasonable and proper compensation to
be paid to the grantee for such use, then either party hereto may name an arbitrator
and within 10 days of notice thereof, the other party hereto shall likewise name
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an arbitrator; and such arbitrators shall, within five days thereafter, name a
third arbitrator, and the award or decision of such arbitrators as to any of the
aforesaid matters shall be deemed conclusive upon the parties hereto as to any
such matters in dispute. In the event that either party hereto, or the arbitrators
chosen, shall fail or neglect to comply with the terms of this arbitration agreement,
then the same shall be carried into effect in the manner and as provided by ORS 33.210
through 33.340.
Section 25. That grantee agrees to cooperate with the policies of the
Fire Department of the City regarding the use of its emergency vehicle. If the
ambulance is not used for a patient, no charge will be made.
Section 26. That grantee will meet with the City Administrator and other
City officials and staff annually or semi-annually, as requested by the City Admin-
istrator, to evaluate the service rendered or discuss any problem as may be existing
with the ambulance service.
Section 27. Grantee will charge any patient for the dispatch of the
ambulance mileage from the parking barn of the ambulance to the location of the
patient, and to the hospital or clinic where delivered; but grantee shall not charge
patients for the return trip to the parking barn.
Section 28. Grantee further agrees to comply with all the laws of the
state of Oregon and the rules of all state agencies having jurisdiction over the
operation of ambulances within the city of Woodburn and state of Oregon.
Section 29. Ordinance Nos. 1480, 1621 and 1659 be, and the same are,
hereby repealed upon the effective date of this ordinance.
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Section 30. This ordinance being necessary for the immediate preservation
of the public peace, health and safety, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval
by the Mayor.
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APPROVED: ;~- .
. WALTER WSON~ MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
February 23= 1981
February 24, 1981
Februar, ~24, 1981
February 24, 1981
ATTEST:
Barney .Burris, Recorder
City of Woodburn, Oregon
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ORDINANCE N0. 1742
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1742, on of which said copies posted i.n the
City Fall on the bulletin board opposite the entrance to
the Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Community Center bulletin board at 491 N. Third St.,
in full view of the traveling public; that all of said
places are public places within the corporate limits of the
City of Woodburn and all of said copies were posted on the
day of ~ ~, 1981.
arney 0. urris, Recorder
City of Woodburn, Oregon
