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Ord 1480AMENDED COUNCIL BILL N0. 212 ORDINANCE N0. 1480 AN ORDINANCE GRANTING DALE W. BAKER AND TIMOTHY R. BROWN, DBA WOOD- BURN AMBULANCE SERVICE, 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 CER- TAIN TERMS, PROVIDING FOR THE REVOCATION OF THE FRANCHISE; REPEALING ORDINANCE 1238, AND DECLARING AN EMERGENCY THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. The City of Woodburn hereby grants unto Dale W. Baker and Timothy R. Brown, dba Woodburn Ambulance Service, herein- after 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 five years, beginning June 1, 1975. Section 2. Grantee shall furnish ambulance service within the corporate limits of the City of Woodburn where such service is re- quested and required, promptly and with dispatch. The maximum rates and charges to be made to persons receiving ambulance service are as follows: Base rate X50.00 Mileage 2.50 Oxygen 10.00 Waiting Time (per dour} 60.00 Stairways (not include 1st floor steps} 5.00 Page 1. - AMENDED COUNCIL BILL N0. 212 ORDINANCE N0. 1480 Train/plane loading $10.00 Isolation charge 10.00 Disturbed patient fee 5.00 Mileage over 50 miles (one way) 1.50 Emergency charge 12.00 Respirator charge - I.V. Therapy 5.00 Splints 7.00 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 anal, in default thereof for any reason other than financial inability to perform, shall pay to the City of Woodburn the sum of THREE THOUSAND DOLLARS ($3000.00 as liquidated damages for the fail- ure 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 in two and one-half years or later, 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. AMENDED Page 2. - COUNCIL BILL N0. 212 ORDINANCE N0. 1480 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 one percent (1/10 of 1%) of the gross receipts collected each year, by the grantee, for patients picked up within the corporate limits of the City of Woodburn. The first payment shall be made July 1, 1976, and shall be based upon the receipts of the grantee during the previous franchise year from June 1, 1975 to May 31, 1976. Such payment shall constitute the tax for the first franchise year and annually thereafter on the first day of each July, 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 pay- ment, 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 accountant or auditor examine the books of the grantee. Section 6. The grantee shall provide, maintain and use ad- equate ambulances, motor vehicles, and equipment sa as to provide good and satisfactory ambulance service in the City of Woodburn and will provide and maintain at least one motor vehicle-ambulance, 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 1/2 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 Page 3. - AMENDED COUNCIL BILL N0. 212 ORDINANCE N0. 1480 a patient to be placed in a full sitting position a~hile 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 regt~ire~ents of a Class A ambulance except that it may have only three doors and na partition between the driver and patient co~apartment. The grantee may also provide and maintain a motor vehicle-- ambulance, hereinafter designated as a "Class C" ambulance, whiel~ shall be a vehicle designed and used in transporting ..persons solely for the single and special purpose of 1} transporting patients requiring use of an iron lung; ar 2} transporting patients capable of being trans- ported in a v~heel chair. Grantee may substitute a Class B ar~bulance far grantee's Mass 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 fo~.lowing equipment: 1 }~~ a taro-way, short wave radio that is equipped to send and a~e- ceive messages from the Woodburn Fire Department and also grantee's awn tease 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 appropr~.ate hangers in the veh~.ele; 9: } leg and arrn splints; ~} restraints; ~ ~ cit 6} oxygen equipment of not less than tw© D sire t~,n capa y and related equipment for administering oxygen; 7} an aspirator; 8} two pillows; 9} two blankets; 10} an emesis basin; 11} clean linen sufficient for four patients at any one time; 12 } several 4" x 4" sterile pads and. rolls of ~~" bandages; Page 4 - AMENDED CgUNCIL BILL N0~ 212 4R4DINAl~CE NU. 1480 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 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 in- stance, where required by the City, the grantee shall not allow any per- son to drive or serve as an attendant of an ambulance unless such per- son 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 doc- tor, 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 insur- ance 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 X1000,000.00 to any person, and X300,000.00 in any single accident, and $1000,000.00 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. Page 5. - AMENDED COUNCIL BILL N0. 212 ORDINANCE N0. 1480 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 suitable 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 relating to health, safety and sanitation with regard to such vehicles, equipment or premises. Section 11. The grantee shall make available ambulance ser- vice within the City of Woodburn 24 hours per day, 7 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 appro- priate 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 man- ned 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 I4. The grantee shall keep for five (5) years a written record of all transport calls received or made, setting forth Page 6. - AMENDED COUNCIL BILL N0. 212 ORDINANCE N0. 1480 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 there- after 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. Section 16. The work of the grantee as herein contemplated and the equipment used, shall be to the reasonable satisfaction of the City 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 pick-up outside of the City of Woodburn. An ambulance service other than the grantee may be substituted anytime 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. Page 7. - AMENDED COUNCIL BILL N0. 212 ORDINANCE N0. 1480 Section 19. 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 19, shall include all practitioners of the healing arts. Section 20. This franchise and anything pertaining thereto may be assigned and transferred by the grantee to a third party after ap- proval by the City of Woodburn expressed by resolution of its governing body. Section 21. The grantee will hold the City of Woodburn harmless and indemnify the City of Woodburn from any liability or obligation in- curred 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 take, 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. Page 8. - AMENDED COUNCIL BILL N0.212 ORDINANCE N0. 1480 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 exclu- sive 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 90 days from the date of such notice. Provided, however, the grantee shall endeavor to arrive at a mu- tually satisfactory agreement with any such ambulance service in any such newly annexed area concerning the ambulance service there- in 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 ap- pointing one arbitrator, the city appointing one arbitrator, and the ambulance service or ambulance services affected in the newly an- nexed 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 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 Page 9. - A~~ENDED COUNCIL BILL N0. 212 ORDINANCE N0. I480 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 revo- cation is made, provided such hearing is requested before the ex- piration of the 30 days. The grantee shall also have the privilege of terminating this franchise in case the City of Woodburn 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 con- tinuity 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 equip- ment by the city shall contain no implication of permanent acquisi- tion 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 as between themselves as to the reasonable and proper com- pensation to be paid to the grantee for .such use, then either party Page 10. - AMENDED COUNCIL BILL N0. 212 ORDINANCE N0. 1480 hereto may name an arbitrator and within ten days of notice thereof, the other party hereto shall likewise name an arbitrator, and such arbitrators shall, within five days thereafter, name a third arbi- trator, 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 ORS 33.340. Section 25. That grantee agrees to coperating 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 Admin- istrator and other City officials and Staff annually or semi-annually as requested by the City Administrator to evaluate the service ren- dered or discuss any problem as may be existing with the ambulance service. Section 27. Grantee will charge any patient for the dis- patch of the ambulance mileage from the parking barn of the ambulance to the location of the patient, and to the hospital or clinic where de- livered, 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, Page 11. - AMENDED COUNCIL BILL N0. 212 ORDINANCE N0. 1480 Section 29. Ordinance No. 1238 be, and the same is hereby repealed. upon the effective date of this Ordinance. Section 3®, That it is necessary for the immediate pre- servation of the peace, health and safety of the City of Woodburn and the inhabitants thereof that this Ordinance take effect immediately, and, therefore, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its pas - sage by the Council and approval by the Mayor. APPROVED R 1 E. Pickering, May Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder '";~ ;~ c ATTEST ~:> ;.-~,~,~_{,, ~~ Barney .urris, Recorder City of Woodburn, Oregon July 14, 1975 July 14, 1975 July 14, 1975 July 14, 1975 Page 12. - AMENDED COUNCIL BILL N0. 212 ORDINANCE N0. 1480 z , 8~1~'~I`~B~' 0, BG~RB~IS , Recorder of the City of ti'ioodburr! , do hereby certify that I caused to be posted three capies of Ord~.nance Igo. 1480 , or~~~} of ~t~hich said copies posted in the C~.t~r Mall on the bulletin bc~arrl oppos~.te 'the entrance to the Recorder's Office, in full v~.e~v of the traveling public; a second ore of said copies posted oil the ~"~oadburn Public Library bulletin board at 280 Garfield Street, in furl vie~v of the traveling public; a third one of said copies posted on the Paul So~va and Sons building at 182 Young Street, in full vietiL~ of the tra~reling public; that all of said places are public places t=~ithin the corparate limits of the C~,ty of ~tioodbuz•n and that all of said copies lr~ere pasted on the~~da~l of_ Jul_,y~~ 1975. ,w .~, .~ :` ,~ ~,~. FAR~~L~ 0 . Bli RF T S , RECORDB~t City of tiroodburn, Oregon