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HomeMy WebLinkAbout2582 Ashland Sanitary Service ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE FOR THE COLLECTION OF SOLID WASTE, REFUSE AND MEDICAL WASTE WITHIN THE CITY OF ASHLAND, JACKSON COUNTY, OREGON TO ASHLAND SANITARY SERVICE, INC. FOR THE PERIOD FROM APRIL 1, 1990, TO MARCH 31, 2005; REGULATING THE DISPOSITION OF SOLID WASTE IN SAID CITY; PROVIDING A PENALTY FOR THE VIOLATION HEREOF; REPEALING ORDINANCE NO. 2069 AND ANY AMENDMENTS THERETO; AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. That there is hereby granted to Ashland Sanitary Service, Inc. the exclusive right, franchise and privilege of collecting, gathering and hauling over the streets of the City of Ashland, Jackson County, Oregon, all solid waste, refuse and medical waste accumulating in said city, with the right to exact charges and collect from persons, firms or corporations served as specifically hereinafter set forth, for the period from April 1, 1990, to March 31, 2005. SECTION 2. That the term "solid waste" as used herein shall be construed to mean every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, ashes, tin cans, bottles, glass, medical waste, and discarded articles of similar matter. SECTION 3. That it is hereby made the duty of every person, firm or corporation within the limits of the City of Ashland to cause their solid waste accumulation to be removed through the year within the times specified as follows: (1) Residences and apartments - once every seven (7) days. (2) Hotels, restaurants, boarding houses, meat markets, grocery stores and other places where meats, fruits and vegetables are kept, sold or offered for sale, or where cooking is done for the public - twice every seven (7) days. (3) Medical facilities - within seventy-two (72) hours of disposal. (4) All other places - once every seven (7) days. SECTION 4. That every person, firm or corporation having garbage or «adical waste for disposition, shall place all such matter in containers which shall be water-tight and fly-proof, and be placed in a location convenient for the collectors. SECTION 5. That it shall be unlawful for-any other person, firm or corporation, excepting citizens hauling their own solid waste, and excepting the City of Ashland when the same is functioning in a governmental capacity hauling its own solid waste or refuse, to collect, gather and/or haul solid waste or refuse over the streets of the City of Ashland, Jackson County, Oregon, during the term of this franchise. SECTION 6. That all vehicles used by the said Ashland Sanitary Service, Inc. in the transportation of solid waste through the streets of the City of Ashland shall be so constructed and equipped so as to be water-tight and fly-proof, and which comply with all state laws and rules, regulations and requirements of the State of Oregon. SECTION 7. Any person, firm or corporation, whether as principal agent, employee or otherwise, violating or causing the violation of any of the provisions of this Ordinance, shall have committed an infraction, and upon conviction thereof is punishable as prescribed in section 1.08.020 of the Ashland Municipal Code. Such a person, firm or corporation is guilty of a separate violation for each and every day during any portion of which any violation of this Ordinance is committed or continued by such person, firm or corporation. SECTION 8. The fees to be charged and collected, both as to residential and commercial customers, shall be in the amounts as hereafter approved by resolution of the City Council and which have been requested by Ashland Sanitary Service, Inc. SECTION 9. Ashland Sanitary Service, Inc. shall have the right each year to present to the City Council a petition for an increase in rates based upon an increase in the cost of rendering solid waste disposal services to the citizens of the City of Ashland. The*same right shall exist where the regulations are changed concerning the operation of the landfill so as to cause an increase in capital outlay or operational expense of Ashland Sanitary Service, Inc., and this petition may be made at any time. In the event the parties cannot agree on the amount of a rate increase, if any, the matter shall be submitted to a board of arbitrators, one being selected by each party and a third by the first two arbitrators. The decision of the majority of the board shall be final and binding on the parties. The arbitrators shall be experienced people familiar with standard business practices. The third arbitrator shall be a Certified Public Accountant certified to audit municipal accounts. The arbitrators shall not be residents of the area served by Ashland Sanitary Service, Inc. In the event costs should decrease, the City Council shall have the same right to request a decrease in rates under the foregoing procedure. SECTION 10. In consideration for the granting of this exclusive franchise, franchise holders shall pay to the City of Ashland for and as a franchise fee, the sum of five percent (5%) of the franchise holder's gross receipts from revenues received for the services rendered to customers situated within the corporate limits of the City of Ashland. Said payments shall be made monthly, no later than the 20th day of the month following the month of service upon which the charge is predicated. Said payment shall be accompanied by a statement, subscribed to by an authorized representative of franchise holder, certifying the gross revenue. The City of Ashland reserves the right to perform such audits as it may from time to time desire for the sole purpose of ascertaining the accuracy and propriety of revenue representations. Said audits shall be done at reasonable times, and at the cost of the City of Ashland. SECTION 11. Ashland Sanitary Service, Inc. shall indemnify, defend and hold harmless the City of Ashland, its officials and employees, from any claim arising from the performance of the service provided under the terms of this franchise; and further, shall maintain comprehensive general liability insurance in amounts not less than the statutory limits of tort liability of Oregon Municipalities as set forth in ORS 30.270, and shall provide certificates of said insurance to the City Finance Director. SECTION 12. The City reserves the right to grant franchises for collecting goods for recycling to other individuals, firms or corporations. If the City Council determines that it wishes to grant a franchise for such service, it shall first submit any proposal to Ashland Sanitary Service, Inc. which shall have the first right of refusal of said franchise. SECTION 13. That in the event the said Ashland Sanitary Service, Inc. shall violate any of the agreements by it to be performed hereunder, then and in that event the City Council, upon giving the franchise holder and surety company thirty (30) days written notice of an alleged violation, in order that said franchise holder or surety may have an opportunity to explain or refute the same, may terminate this franchise and all rights of the franchise holders shall cease and its bond in the sum of Twenty-five Thousand Dollars ($25,000.00) shall be forfeited. The franchise holder is required to provide to the City of Ashland a bond in the sum of $25,000.00 securing its faithful performance of this franchise renewable annually, and a certificate of continuance filed with the City. SECTION 14. That Ordinance No. 2069 as amended and all other ordinances in conflict herewith are hereby repealed. SECTION 15. The franchise holder agrees that its rights hereunder may not be assigned, sold, pledged or given in any manner to a third party, nor may any stock of the franchise holder corporation be sold, pledged or assigned in any manner without the consent of the City of Ashland first having been received, which consent shall not be unreasonably withheld. In the event there is a dispute as to any sale or transfer under this provision, then the matter shall be settled in the manner as provided for arbitration in Section 9 hereof. SECTION 16. That inasmuch as the current franchise ordinance expired on April 1, 1990, the public interest requires that an emergency be declared, and this ordinance shall be effective upon its second reading and approval by the Mayor. The foregoing ordinance was first read at a regular meeting of the City Council on they day of June, 1990, and DULY PASSED and ADOPTED this day of 1990. Nan E. Franklin City Recorder SIGNED and APPROVED this day of ,,7 , 1990. Catherine M. Golden Mayor j LEXON INSURANCE COMPANY LICENSE AND PERMIT BOND (For County, City, Town or Village only. Not valid for Contract, Performance, Maintenance, Subdivision, Agent to Sell Hunting and Fishing Licenses, Utility or Tax Guarantee Bonds, or Bonds Required by the State) BB 131782 KNOWN ALL MEN BY THEIR PRESENTS: That we RECOLOGY ASHLAND SANITARY SERVICE INC. as Principal, and LEXON INSURANCE COMPANY, a Texas Corporation, as Surety are held and firmly bound unto CITY OF ASHLAND hereinafter called the Obligee, in the amount of Twenty-Five Thousand Dollars & no cent$$ 25, 000.00 1 NOT VALID FOR MORE THAN $25.000.00 Dollars, lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by their presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has been licensed as a (an) to provide Solid Waste Service within the City of Ashland by the Obligee. NOW THEREFORE, if the Principal shall faithfully perform the duties and comply with the laws and ordinances pertaining to the license or permit, then this obligation shall be void, otherwise to remain in full force and effect. Any liability under this bond shall , commence on the 14 rh day of 1lpramhpr 9019 and end one full calendar year thereafter. The Surety may cancel this bond at any time, by filing with the Obligee and the Principal, thirty (30) days written notice of its desire to be relieved of liability under this bond. Upon termination, the Surety shall be relieved from any liability for any subsequent acts or omissions of the Principal. Dated the 9th Day of January 2013 Recology Ashland Sanitary Service Inc. (~P(riin/ycipal_) Mark Rf.~( Lornelle/,, Senior VP & CFO ~teF Jt~N ` J\\ \ O ~q CORPORATE By (Signamre/Principal) SEAL ° LEXON INSURANCE COMPANY BY: David E. Campbell, President ACKNOWLEDGEMENT OF SURETY SIske of Illinois Coun f DuPage On S before me, a Notary Public in and for said County and State, residing therein, commissioned and swom, personally appeared DAVID E. CAMPBELL who acknowledged himself to be the aforesaid officer of L ON INSURANCE COMPANY, the corporation described in and that executed the within and foregoing instrument, and known to in be the same person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such co tion executed [he same. IN WITNESS WHEREOF, I have set my ha and affixed my official seal, the day and year stated in certificate above. ,OFFICIAL SFAU TAMMY HENIt1.E Notary Public, State of Illinois My Commission Expires 03-302011 I'aqimy Henkle ORIGINAL BOND My tnmission Expires 03-30-2011 j ACKNOWLEDGEMENT OF SURETY State of Illinois County of DuPage On / " y - - , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared David E. Campbell who acknowledged himself to be the aforesaid officer of LEXON INSURANCE COMPANY, the corporation described in and that executed the within and foregoing instrument, and known to me to be the same person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. - - IN WITNESS WHEREOF, I have set my hand and affixed my official seal, the day and year stated in this certificate above. "OFFICIAL SEAL" TAMMY HENKLE NOTARY PUBLIC, STATE OF ILLINOIS Tammy Henkle OuPAGE COUNTY MY COMMISSION EXPIRES 04-11-2015 My Commission Expires 4/11/2015