Ord 1641COUNCIL BILL N0. 476
ORDINANCE N0. 1641
AN ORDINANCE RELATING TO SOLID WASTE MANAGEMENT IN THE CITY OF
WOODBURN, OREGON, INCLUDING, BUT NOT LI~~ITED T0, GRANTING TO
UNITED DISPOSAL SERVICE, INC., AN OREGON CORPORATION, AN
EXCLUSIVE FRANCHISE TO COLLECT, TRANSPORT, AND CONVEY SOLID
WASTE OVER AND UPON THE STREETS OF THE CITY; TO DISPOSE OF
OR RECOVER MATERIALS OR ENERGY FROM SUCH SOLID WASTE; REPEALING
ORDINANCES N0. 1198, 1228, 1388, and 15Q0; AND DECLARING AN
EMERGENCY.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. Short Title. This Ordinance shall be mown
as the "Solid Waste Management Ordinance" and may be so cited and
pleaded and shall be cited herein as "this Ordinance."
Section 2. Purpose, Policy and Scope. It is declared
to be the public policy of the City of Wob~ ur.~ to regulate Solid
Waste Management to:
(1) Insure safe, economical and comprehensive Solid
Waste Service.
(2) Insure rates that are just and reasonable and
adequate to provide necessary public service.
(3) Prohibit rate preferences and any other practice
that might be discriminatory.
(4) Provide for technologically and economically
feasible resource recovery, by and through the Franchisee.
Section 3. Definitions.
(1) City. The City of Woodburn.
(2) Compensation. Includes:
(a) Any type of consideration paid for service
including, but not limited to, rent, the proceeds from resource
recovery and any direct or indirect provision for payment of_ money,
goods, services, or benefits by tenants, lessees, occupants or
similar persons;
(b) The exchange of service between persons; and
(c) The flow of consideration from the person
owning or possessing the Solid Waste to the person providing
service or from the person providing service to the person
owning or possessing the Solid Waste.
(3) Council. The City Council of the City of Woodburn,
Page 1 - Council Bill No. 476
Ordinance No. 1641
(4) Franchisee. The person granted the Franchise by
Section 4. of this Ordinance, or a subcontractor of such person.
The particular Franchisee referred to in this Ordinance is
United Disposal Service, Inc,
(5) Person. An individual, partnership, association,
corporation, trust, firm, estate or other private legal entity.
(6) Service. Collection, transportation or disposal
of or resource recovery from Solid Waste.
(7} Resource Recovery, The process of obtaining
useful material or energy resources from Solid Waste, including
energy recovery, materials recovery, recycling or reuse of Solid
Waste.
(8} Solid Waste. All putrescible and non-putrescible
Waste, including but not limited to garbage, rubbish, refuse,
ashes, swill; waste paper and cardboard; grass clippings; compost;
residential, commercial, industrial demolition and construction
Wastes; discarded residential, commercial, and industrial appliances,
equipment and furniture; tires; manure, vegetable or animal Solid
or semi-Solid Waste, dead animals and all other Wastes not excepted
by this subsection. Solid Waste does not include:
(a) Environmentally hazardous Waste as defined in
ORS 459.410.
(b) Sewer sludge and septic tank and cesspool
pumping or chemical toilet Waste.
(c) Reusable beverage containers as defined in
ORS 459.860.
(9) Solid Waste Management. Management of service.
(10} Waste. Material that is no longer usablE by or that
is no longer wanted by the source of the material, which material
is to be disposed of or be resource recovered by another person,
Section 4. Exclusive Franchise and Exceptions,
(1) Exclusive Franchise. There is hereby granted to
United Disposal Service, Inc., the exclusive right, privilege and
franchise to provide service within the city limits as of the effec-
tive date of this Ordinance and in any area that may be hereafter
annexed to the city. For the purpose of the Franchise, the
Franchisee shall have the exclusive right to use the streets of
the City of Woodburn. No other person shall provide service for
compensation or offer to provide or advertise for the performance
of such service to any owner, tenant, lessee, or occupant of any
real property in the city of Woodburn.
(2) Exceptions. Nothing in this Ordinance shall:
(a) Prohibit any person from engaging in the
collection of source separated materials fcr resource recovery
Page 2 - Council Bill No. 476
Ordinance No. 1641
for the purpose of raising funds for a charitable, civic or
benovelent activity, after notice to the Franchisee and permission
from the Franchisee or the Council.
(b) Prohibit any person from transporting Solid
Waste he produces himself to an authorized disposal site or
resource recovery facility. The Solid Waste produced by a tenant,
licensee, occupant or person other than the owner of the premises
is produced by such person and not by the landlord or property owner.
(c} Prohibit any person from contracting with the
state or a federal agency to provide service to such agency under
a written contract with such agency,
Section 5. Franchise Term, The rights, privilege, and
Franchise herein granted shall be considered as a continuing six (6}
year Franchise subject to termination as follows:
Unless grounds exist for suspension, modification, or
revocation of the Franchise under Section 9, of this
Ordinance, this ordinance shall be considered as a
continuing six year term, That is, beginning on
January 1 of each year, the Franchise shall be
considered renewed for an additional six year term
unless at least 30 days prior to January 1 of any
year the City shall notify the Franchisee of intent
to terminate the Franchise, Upon the giving of such
Notice of Termination, the Franchisee shall have a
Franchise which will terminate six years from the
date of Termination.
In the event the Franchisee shall desire to terminate
service given under the terms of this Franchise, then
it shall give not less than two years notice of the
intent to terminate service and obligations under the
Franchise. In the event of a voluntary termination of
service by the Franchisee, the City shall have a right
and option to purchase all or any part of the equipment
of the Franchisee at a price which will be agreed upon
between the parties. If the parties cannot agree to a
purchase price, then. the same shall be submitted to
arbitration. Each. party shall select one arbitrator and
the two arbitrators selected shall select a third party,
and the three arbitrators shall determine a fair and
equitable price to be paid by the City to the
Franchisee for all equipment to be purchased, The
costs of arbitration shall be borne equally.
Section 6. Franchise
granted by this Ordinance, the
Woodburn, Oregon, two per cent
each year by the Franchisee for
Fee. In consideration of the Franchise
Franchisee shall pay to the City of
(20} of the gross receipts collected
service within the corporate limits
Page 3 - Council Bill N0. X76
Ordinance No. 1641
of the City of Woodburn, for Solid Waste service or sale of
recycled materials, for the rights, privilege and franchise
granted by this Ordinance. The first payment shall be for the
period of April 1, 1978, to March 31, 1979. The first payment
shall be paid by June 30, 1979. For subsequent years under the
Franchise, the payment for each twelve month period ending March
31, shall likewise be paid by June 30 of each year. Each annual
payment shall be accompanied by a complete statement setting
forth the gross receipts collected for the twelve months.
Section 7. Franchisee Responsibility.
(1) The Franchisee shall:
(a) Dispcse of Solid Wastes collected at a site
approved by the local government unit having jurisdiction of or
recover resources from the Solid Wastes, in compliance with
Chapter 459 of Oregon Revised Statutes and any regulations adopted
under said legislation.
(b) Provide and keep in force public liability
insurance in the amount of not less than $100,000 for injury to a
single person, $300,000 to a group of persons, and $50,000 property
damage all relating to a single occurrence, which shall be
evidenced by a certificate of insurance filed with the City Recorder
within 30 days after the adoption of this Ordinance and renewed
and filed annually thereafter.
(c) Provide sufficient collection vehicles,
containers, facilities, personnel and finances to provide all
types of necessary service; but where necessary, the Franchisee
may subcontract with others to provide certain types of specialized
service, in accordance with the provisions of this Ordinance.
(d) Trucks shall be equipped with a leakproof metal
body of the compactor type. If the Franchisee uses a specially
designed, motorized local collection vehicle for transporting Solid
Waste short distances from residential or commercial stops to
waiting trucks, the container portion of such vehicle shall be
equipped with a cover adequate to prevent scattering of the load.
If any pickup truck or open bed truck is used by the Franchisee,
the load shall be covered with an adequate cover to prevent
scattering of the load. All vehicles shall be operated in
conformity with all Ordinances of the City.
(e) The Franchisee shall allow a pro-rata credit
on the regular monthly charge for service where the service is
cancelled for three weeks or more; but no such prorate shall be
allowed for service which is cancelled for less than three weeks.
(f) The Franchisee is not obligated to provide
service to non-owners of property, where the landlord does not
request and pay the bill, unless payment for said service has
been guaranteed in advance by the property owner or a satisfactory
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Ordinance No. 1641
cash deposit or advance payment has been made by such non-owner
requesting service,
(g} The Franchisee may terminate service to a customer
for non-payment by the customer within 45 days of the mailing of the
bill. In the event of such termination for non-payment, the
Franchisee may require advance payment in the future from said
customer before beginning service,
(h} The Franchisee shall furnish a bond to the City
that is acceptable to the City to insure the faithful performance
by the Franchisee of the service the Franchisee is required to
provide under this Ordinance. Said bond shall provide that in the
event of default, the City shall be entitled to $3,000 as .liquidated
damages for failure of the Franchisee to perform as required,
(i) The Franchisee shall respond to any written
complaint on service.
(2} The Franchisee shall not:
(a} Give any rate preference to any person, locality
or type of Solid taste stored, collected, transported, disposed of
or resource recovered. This paragraph shall not prohibit uniform
classes of rates based upon 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 upon costs of the particular
service and are approved by the City Council in the same manner
as other Rates,
(b} This Franchise and anything pertaining thereto
may be assigned or transferred to a third party only after approval
by the City of Woodburn expressed by a Resolution passed by the City
Council. The City Council shall approve the assignment or transfer
if the Franchisee meets all applicable requirements met by the
original Franchisee. A pledge of this Franchise as financial security
shall not be considered a transfer or assignment for the purpose of
this subsection.
Section 8. Supervision. Service provided under this Fran-
chise shall be subject to the supervision of the City Administrator
or such other person or persons designated by the City Council, The
Franchisee shall, at reasonable times, permit inspection of his
facilities, equipment, personnel and records in relation to the
service under this Franchise. The Franchisee shall file an annual
report of Gross Receipts,
Section 9. Sus ension, Modification or Revocation of
Franchise.
(1) Failure to comply with written notice from the Council
to provide necessary service or otherwise comply with the provisions
of this Ordinance after written notice and reasonable opportunity to
comply shall be grounds for modification, revocation or suspension
of this Franchise,
Page 5 - Council Rill No. 4~6
Ordinance No. 141
of the Franchise.
(2) After receipt of the aforementioned written notice
from the City Council, the Franchisee shall have 30 days from the
date of mailing of the Notice in which to comply or to request a
public hearing before the City Council. In the event of a public
hearing, the Franchisee and other interested persons shall have
an opportunity to present information and testimony in oral or
written form.
(3) If the Franchisee fails to comply within the specified
time or fails to comply with the order of the City Council entered
upon the basis of findings at the public hearing, the City Council
may suspend, modify, or revoke the Franchise or make such action
contingent upon continued noncompliance with this Ordinance. The
Franchisee shall have the right to appeal any such action by the
City Council to the Circuit Court.
Section 1Q. Preventing Interruption of Service. In the
event the City Council finds an immediate and serious danger to
the public creating a health hazard or serious public nuisance,
the City Council may, after a minimum of 24 hours actual notice to
the Franchisee and a public hearing if Franchisee requests it,
authorize another person to temporarily provide service under this
Ordinance, or the City may provide such service. In either event,
the Franchisee agrees as a condition to his Franchise that any
real property, facilities, or equipment may be used to provide such
emergency service. The City Council shall return any such property
of the Franchisee upon abatement of the health or nuisance hazards
created by the general interruption of service. In the event the
power under this section is exercised, the usual charges for
service shall prevail and the Franchisee shall be entitled to
collect such usual services, but shall reimburse the City for its
actual cost, as determined by the City.
Section 11. Service to be Provided; When Such Service
May be Interrupted or Terminated.
(1) The Franchisee shall collect the Solid Waste at the
various residences, business establishments and other places within
the corporate limits of the City where such service is requested and
required, promptly, and with dispatch, and haul such Solid Waste
from the City upon the payment of not more than the maximum rates
authorized by the most recent Rate Schedule approved by the City
Council.
(2) The Franchisee shall not terminate service to any
or all of his customers served under this Franchise except in
accordance with provisions of this Ordinance. Service may be
interrupted or terminated when:
(a) The street or road access is unavoidably
blocked through no fault of the Franchisee and if there is no
reasonable alternate route or routes to serve all or a portion
of his customers; but in either event, the City of Woodburn shall
not be liable for any such blocking of access, or
Page 6 -Council Bill No. 476
Ordinance No. 1641
(b} 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 12, Subcontracts, The Franchisee may subcontract
with others to provide specialized service or termporary service
under this Ordinance. Such subcontracts shall not relieve the
Franchisee of total responsiblity for compliance with this
Ordinance.
Section 13. Rates, Rates for service under this
Ordinance shall be those currently approved for the Franchisee.
The Rates effective upon the adoption of the Ordinance shall be
those Rates approved under Ordinance No. 1584 effective December
31, 1977. Said Rates shall be in effect until any change in
Rates shall be approved by the City Council by Resolution. On
the approval of any change in Rates, Ordinance No, 1584 shall be
repealed. In determining the appropriate rate to be charged by the
Franchisee, the Council shall consider:
(1) The cost of performing the service provided by the
Franchisee.
(2) The anticipated increases in the cost of providing
the 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 and regulations; or technological
change.
(4) The investment of the Franchisee and the value of
its business and the necessity that the Franchisee have a reasonable
rate of return.
(5) The rates in other cities for similar service.
(6) The public interest by assuring reasonable rates to
enable the Franchisee to provide efficient and beneficial service
to the residents and other users of the service.
Section 14.
Public Responsibility.
(1} Both the Franchisee and the public shall comply with
ORS Chapter 459, the regulations promulgated pursuant thereto
including those Regulations issued by the Department of Environmental
Quality, Workers Compensation Board, and the State Accident Insurance
Fund. The following requirements shall pertain to service under
this Ordinance:
(a} No garbage can shall exceed 32 gallons in size
and shall not weigh more than 60 pounds gross loaded weight.
Page 7 - Council Bill No. 476
Ordinance No. 1641
(b) Only round garbage cans shall be used and cans
shall be tapered so that they are larger at the top, and cans shall
have handles at the top and a place for a handhold at the bottom.
(c) Sunken refuse cans or containers shall not be
installed.
(d) To protect against injury to employees of the
Franchisee, and to protect against rodent and fire dangers, cans
shall be rigid and of materials that will not split or crack in
cold weather.
(e) The user shall provide safe access to the pickup
point so as not to jeopardize the persons or equipment supplying
service or the motoring public.
(2) To protect the privacy, safety, pets and security of
customers and to prevent unnecessary physical and legal risk to
the Collectors, a residential customer shall place the container
to be emptied outside any locked or latched gate and outside any
garage or other building.
(3) Stationary compactors for handling Solid Waste shall
comply with applicable federal and state safety regulations. No.
such compactor shall be loaded so as to exceed the safe loading
design limit or operation limit of the collection vehicles used by
the Franchisee. A person who wishes services for a compactor such
person is going to acquire shall acquire a compactor approved by
the Franchisee as compatible with the equipment of the Franchisee
or the equipment the Franchisee is willing to acquire.
(4} Any person who receives service shall be responsible
for payment for said service.
Section 15. City Collections. Nothing herein contained
shall be construed as in any way preventing the City of Woodburn
from conducting an 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.
Section 16. Indemnity and Hold Harmless. The Franchisee
shall indemnify the City of Woodburn, the City Council, any employees
or agent of the City and hold them harmless from all loss, damage,
claim, expense or liability arising out of the operation by the
Franchisee under its Franchise. In the event that any suit or
action is brought for injury or damage to persons or to property
against any of the foregoing, based upcn or alleged to be based upon
any loss, damage, claim, expense or liability arising out of_ the
operation of the Franchisee under his Franchise, the Franchisee
shall defend the same at its own cost and expense; provided, however,
that the Council and the City Administrator reserve the right to
retain counsel of their own choosing and join in the defense of any
such suit or action, with the reasonable cost of such additional
counsel to be borne by the Franchisee.
Page 8 - Council Bill No. 476
Ordinance No• 1641
Section 17. Franchisee's Service Requirements. The
Franchisee may, sua~ject to review an revision y t e City Council,
establish reasonable rules concerning the size, weight and location
of containers or compactors and on other matters directly affecting
the safety of the Franchisee's employees and his ability to perform
the service with available technology and equipment. Such reason-
able rules may also be established so the Franchisee can comply
with weight limits, disposal site requirements, and general
requirements of the Department of Environmental Quality of the
State of Oregon, Where economically feasible, the Council may
require the Franchisee to provide special types of service or
to subcontract the providing of such special service, if the
Franchisee shall not find it economically feasible to provide
such special service with his equipment and personnel,
Section 18. Construction. Any finding by any Court of
competent jurisdiction that any portion of this Ordinance is
unconstitutional or invalid shall not invalidate any other
provision of this Ordinance.
Section 19. City Enforcement. The City, through its
appropriate officers, shall take all appropriate steps, within
the power of the City to take, to protect the exclusive right and
Franchise hereby given to the Franchisee, and shall cooperate in
all particulars with the Franchisee in protecting such exclusive
right and shall, if deemed necessary, pass such additional
Ordinances as may be required to maintain the exclusiveness of
the Franchise.
Section 20. Annexations. 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 such area that has been annexed, and the
City shall notify any other Solid Waste collector to cease such
collection on or before 90 days from the date of such Notice.
Provided, however, the 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 the
collection of Solid Waste in said annexed area, In the event the
Franchisee and such other Solid Waste collector cannot reach an
agreement concerning the collection rights in the newly annexed
area, the matter may be submitted to arbitraters. The arbitration
board shall consist of one arbitrates 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 Board of
Arbitraters shall be binding upon all parties to the arbitration
and the award of the arbitraters shall be final. In the event of
arbitration, it is contemplated that the award will include the
payment of money by the Franchisee to the Solid Waste collector
in the newly annexed area,
Section 21. P~na.lt~,es ~ V~.ol~ation by any person of the
provisions of this. Ordinance shall. be deemed to be a czv~~~ violation
constituting a Class 2 Infraction. Each day's violation shall con-
sttute a .separate offense.
Page 9 - Council Bill No, 476
Ordinance No. 1641
Section 22. Repealing Clause. Ordinance Nos. 1198,
1228, 1388, and 1500 are hereby repealed. Ordinance No. 1584
shall be repealed at such time as the City Council adopts a
Resolution making a change ire the authorized maximum rates for
the Franchisee under this Ordinance.
Section 23. Emergency Clause. This ordinance being
necessary for the immediate preservation of the public peace,
health and safety, and general welfare of the people of the City
of Woodburn, an emergency i5 declared to exist and this Ordinance
shall take effect immediately upon passage by the Council and
approval by the Mayor.
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APP ROVED : ~ ~lr ~ °f , ~. mw~ , z~.f~. ~--
STA~I~E-~ -•C..~m.~::~-ISS , r•~ayor
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Passed by the Council
4
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
,,a
ATTESTED:-; .,~~.
arney urris, Recorder
City of Woodburn, Oregon
ACCEPTED BY THE FRANCHISEE:
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The Franchise granted to United Disposal Service, Inc.
is hereby accepted by the Franchisee on this ~ day of ~~~~~'
1978.
UNITED DISPOSAL SERVICE, INC.
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is ar F. B entano, Presl ent
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Page 10 ~- Council Bill No. 476
Ordinance No. 1641
`r,
I, BaRNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance 1641 , one of which said copies posted in the
City Ha11 on the bulletin board adjacent to 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 1 imi is of the City of G~Joodburn and al ] of sai d
copies were posted
on the ~ day
~~~~ r~
of ~
1978.
..
arney o. 6u 's, Recorder
City of ~rloodburn, Oregon