1986-13019-Order No. 86-059 Recorded 7/9/1986LEGAL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CN�Yy�`�REGON
?.
In the Matter of the Issuance * ' �O! 72 PACE�4
of a Franchise to Collect
Solid Waste in Deschutes
County, Oregon, To Brownrigg
Investments, Inc.
ORDER NO. 86-059
WHEREAS, it appearing to the Board of County Commissioners
that Brownrigg Investments, Inc., dba Kelvic Disposal, Sun
Country Disposal and Kelvic Dropbox Co., has applied to Deschutes
County for a franchise to collect solid waste under Ordinance No.
85-037, the Deschutes County Solid Waste Management Ordinance, in
the area defined and described in the legal description attached
hereto as Exhibit "A" and by this reference incorporated herein;
and
WHEREAS, it appearing to the Board of County Commissioners
that Klug/Rainey, Inc., dba Inn of the Seventh Mountain, has
applied to Deschutes County for a franchise to collect solid
waste under Ordinance No. 85-037, in an area which is entirely
included within the area for which Brownrigg Investments, Inc.
has applied for a solid waste collection franchise, and in part
of which area Klug/Rainey, Inc. or its predecessor corporation
has been collecting solid waste without a franchise; and
WHEREAS, it appearing to the Board of County Commissioners
that the Solid Waste Administrator has thoroughly reviewed the
franchise applications submitted by Brownrigg Investments, Inc.
and Klug/Rainey, Inc., has found that Brownrigg Investments, Inc.
meets all of the requirements under Ordinance No. 85-037 for a
solid waste collection franchise and is entitled to a preference
over Klug/Rainey, Inc. in the granting of a franchise under
Section 9.03 of Ordinance No. 85-037 as the existing service
provider, and has recommended to the Board of County Commis-
sioners that it grant to Brownrigg Investments, Inc. the solid
waste collection franchise applied for; and
WHEREAS, it appearing to the Board of County Commissioners
that the Solid Waste Advisory Committee has thoroughly reviewed
the franchise applications submitted by Brownrigg Investments,
Inc, and Klug/Rainey, Inc., and the recommendations of the Solid
Waste Administrator and County Legal Counsel, and has recommended
to the Board of County Commissioners that the franchise to col-
lect solid waste be granted to Brownrigg Investments, Inc., as
applied for, and that the application of Klug/Rainey, Inc. for a
solid waste collection franchise be denied; and
1 - ORDER NO. 86-059
VOL 72 pArE 53
WHEREAS, the Board of County Commissioners has reviewed the
recommendations of the Solid Waste Administrator, the Solid Waste
Advisory Committee and County Legal Counsel regarding the fran-
chise applications submitted by Brownrigg Investments, Inc. and
Klug/Rainey, Inc.; and
WHEREAS, the Board of County Commissioners held a public
hearing on June 18, 1986, on the franchise applications submitted
by Brownrigg Investments, Inc. and Klug/Rainey, Inc., and heard
testimony in favor of and in opposition to each franchise appli-
cation; and
WHEREAS, based upon the recommendations of the Solid Waste
Administrator, the Solid Waste Advisory Committee and County
Legal Counsel, as well as upon the public testimony and the
entire record in this matter, the Board of County Commissioners,
at its regular meeting on June 25, 1986, voted to grant a solid
waste collection franchise to Brownrigg Investments, Inc., and to
deny the franchise application of Klug/Rainey, Inc., and directed
Legal Counsel to prepare findings and orders consistent with the
Board's decision; and
WHEREAS, the Board of County Commiisoners makes the fol-
lowing findings:
1. Brownrigg Investments, Inc. meets all of the
requirements under Ordinance No. 85-037 for a
solid waste collection franchise;
2. Brownrigg Investments, Inc. is entitled to a
preference under Section 9.03 of Ordinance
No. 85-037 over Klug/Rainey, Inc. in the
granting of a solid waste collection fran-
chise because it meets all of the require-
ments for a franchise and is the existing
service provider in the area for which it is
has applied for a franchise;
3. The best interests of the residents of Des-
chutes County and the integrity of the solid
waste collection franchise system will be
protected and served by the granting of a
franchise to Brownrigg Investments, Inc. as
applied for; and
4. A 60 -day period is necessary and appropriate to
enable Brownrigg Investments, Inc. and
Klug/Rainey, Inc. to accomplish any necessary
transition in solid waste collection resulting
from this order; now, therefore,
2 - ORDER NO. 86-059
VOL 72 PACE ,53
IT IS HEREBY ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. Brownrigg Investments, Inc., dba Kelvic Dis-
posal, Sun Country Disposal and Kelvic Dropbox Co., is hereby
granted a franchise for the collection of solid waste in Des-
chutes County in the area described in Exhibit "A", for a con-
tinuous seven-year term, as defined and prescribed in Section
9.11 of Ordinance No. 85-037, commencing January 1, 1986.
Section 2. This order takes effect at midnight, August 24,
1986.
DATED this � day of July, 1986.
ATTEST:
Recordi g Secretary
3 - ORDER NO. 86-059
BOARD OF COUNTY COMM�RIONERS
OF CHU COUNT ,EGON
LO; RISTOW PR NT , Chair
LAURE A. TJT,LE, Commissioner
DI
, C'ommissioner
EXHIBIT "A"
` ORDER NO. 86-059
l % 153 R
FRANCHISE AREA
Vo
(See attached map) (,
LQiL
kE�.ui� �c�P;3,a�. �o. a•-r�
�A.i Brownrigg -
Beginning at N. E. corner of Section 36, T17S; R14E. W.M. also being a point
on the easterly Deschutes County line; thence leaving,said county line westerly.'
along the northerly line of Sections 36, 35, 34, 33, 32 and 31 T17S; R14 and
,13E to the N. W. corner of said Section 31; thence continuing westerly along the
northerly line of Sections 36 and 35 T17S; R12E to the intersection of Eagle
Road and Neff Road; thence southerly on a line being the projection of Eagle Road
to its intersection with State Highway 20; thence westerly and northerly along
the centerline of State Highway 20 to the easterly boundary of the City of Bend
and Greenwood Avenue; thence westerly along Greenwood Avenue to the intersection
of the Oregon Trunk Railway tracks; thence southerly along the Oregon Trunk Railway
to the intersection of Franklin Avenue; thence west on Franklin to Riverside
Avenue; thence southwesterly along Riverside Avenue to an intersection with
Nashville Avenue extended; thence northwesterly on Nashville Avenue to its
intersection with Newport Avenue; thence west on,Newport Avenue to its intersection
with the west boundary of the City of Bend; thence continuing on Newport Avenue
westerly to Shevlin Park Road; thence westerly and northerly along the centerline
of Shevlin Park Road to its intersection with thenortherly line of Section 36,
T17S; R11E; thence westerly along the northerly line of Sections 36, 35, 34, 33,
32 and 31 T17S; Rll and 10E to the N.W. corner of Section 31, T17S; R10E; thence
southerly on the westerly line of Section 31, T17S; RIOE and Sections 6, 7 and
18, T18S; RIOE to the S.W. corner of said Section'18; thence easterly along the
southerly line of Section 18, 17, 16, 15, 14 and 13 to the S.E. corner Section 13,
T18S; R10E; thence southerly along the westerly line of Section 19, 30 and 31 to
the S.W. corner of Section 31, T18S; R11E; thence continuing southerly along the
westerly line of Sections 6, 7, 18, 19, 30 and 31, T19S; R11E to the S.W. corner
of said Section 31; thence continuing southerly along the westerly line of
Section 6, T20S; R11E to the S.W. corner of said Section 6; thence easterly along
the southerly line of Section 6, 5 and 4, T20S; R11E to the intersection with
State Highway 97; thence northeasterly along State Highway 97 to its intersection
with the southerly line of Section 36, T18S; R11E; thence easterly along the southerly
line of Section 36, T18S; R11E and Sections 31, 32, 33, 34,.35 and 36 of T18S;
R12, 13 and 14 to the S.E. corner of Section 36, T18S; R14E also being a point on
the easterly Deschutes County line; thence northerly along the easterly line of
Sections 36, 25, 24, 13, 12 and 1 T18S; R14E to the N.E. corner of said Section -1,
thence continuing northerly along the easterly line of Section 36, T17S; R14E to
the N.E. corner of Section 36 and the Point of Beginning.
Excepting therefrom that portion of National Forest lands and the incorporated
area of the City of Bend.
ALL o!=
Suer
2.vi✓2
�R-�����1ES
LuS
l�
F+�t�e.
(.)�eT-
Vol ?,A Pts34g
j -fig '-:{{ j ,{