1986-13020-Order No. 86-060 Recorded 7/9/1986REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of the Denial
VOL 72 PAGE 537 A'
of the Application for a
Franchise to Collect Solid
Waste in Deschutes County, * `�
Oregon, by Klug/Rainey, Inc.u i„
ORDER NO. 86-060
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, 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 in part of which area
Klug/Rainey, Inc. or its predecessor corporation has been col-
lecting solid waste without a franchise; and
WHEREAS, it appearing to the Board of County Commissioners
that Brownrigg Investments, Inc., dba Kelvic Disposal, Sun Coun-
try Disposal and Kelvic Dropbox Co., has applied to Deschutes
County for a franchise to collect solid waste under Ordinance No.
85-037 in an area which includes all of the area for which
Klug/Rainey, Inc. has applied for a solid waste collection fran-
chise; and
WHEREAS, it appearing to the Board of County Commissioners
that the Solid Waste Administrator has thoroughly reviewed the
franchise applications submitted by Klug/Rainey, Inc. and Brown-
rigg Investments, Inc., has found that Brownrigg Investments,
Inc. meets all of the requirements for a solid waste collection
franchise under Ordinance No. 85-037 and as the existing service
provider in the area is entitled to a preference under Section
9.03 of Ordinance; and
WHEREAS, it appearing that the Solid Waste Administrator has
found that Klug/Rainey, Inc. fails to meet the financial re-
sources requirement for a solid waste collection franchise under
Section 9.02 (2)(a) of Ordinance No. 85-037, that no public need
exists for the creation of a new franchise area for Klug/Rainey,
Inc., and that the award of a franchise to Klug/Rainey, Inc. is
not consistent with the economic and public policy bases of the
solid waste collection franchise system; and
WHEREAS, it appearing that the Solid Waste Administrator has
recommended to the Board of County Commissioners that the fran-
1 - ORDER NO. 86-060
VOL 72 PAGE 538
chise be granted to Brownrigg Investments, Inc. and that the
application by Klug/Rainey, Inc. for a franchise be denied; and
WHEREAS, it appearing to the Board of County Commissioners
that the Solid Waste Advisory Committee has thoroughly reviewed
the franchise applications submitted by Klug/Rainey, Inc. and
Brownrigg Investments, Inc. and the recommendations of the Solid
Waste Administrator and County Legal Counsel, has recommended to
the Board of County Commissioners that the solid waste collection
franchise be granted to Brownrigg Investments, Inc., and has
recommended that the application submitted by Klug/Rainey, Inc.
be denied primarily because of the public policy issues raised by
the creation of a new franchise area and also, to a lesser ex-
tent, on the bases of the preference given Brownrigg Investments,
Inc. under Section 9.03 of Ordinance No. 85-037 and the inade-
quacy of the financial resources of Klug/Rainey, Inc.; and
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 Klug/Rainey, Inc. and Brownrigg
Investments, Inc.; and
WHEREAS, the Board of County Commissioners held a public
hearing on June 18, 1986, on the franchise applications submitted
by Klug/Rainey, Inc. and Brownrigg Investments, 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, 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 franchise to
Brownrigg Investments, Inc., and to deny the franchise applica-
tion 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 Commissioners makes the fol-
lowing findings:
1. Klug/Rainey, Inc. fails to meet financial re-
sources requirement for a solid waste col-
lection franchise under Section 9.02 (2)(a)
due to its repeated failure to pay its land-
fill disposal fees in a timely and sufficient
manner;
2. Klug/Rainey, Inc. is not entitled to a pref-
erence in the granting of a franchise under
Section 9.03 of Ordinance No. 85-037 as an
existing service provider because it does not
2 - ORDER NO. 86-060
VOL 72 PALL.
meet all the requirements for a franchise, it
has not provided service to its customers for
compensation, and it has collected solid
waste from at least one customer it does not
own or control, in violation of Ordinance No.
85-037 and former Ordinance CG -4;
3. No public need exists to create a new fran-
chise area for Klug/Rainey, Inc.;
4. The granting of a franchise to Klug/Rainey, Inc.
would not serve the best interests of the resi-
dents of Deschutes County and would not be con-
sistent with the economic and public policy bases
of the solid waste collection franchise system;
and
5. 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 service
resulting from this order; now, therefore,
IT IS HEREBY ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. The application of Klug/Rainey, Inc., dba Inn of
the Seventh Mountain, for a franchise to collect solid waste'in
Deschutes County, Oregon, under Ordinance No. 85-037 is hereby
denied.
Section 2. This Order takes effect at midnight, August 24,
1986.
DATED this 0� day of July, 1986.
ATTEST:
t
ZL/
Recording Secretary
3 - ORDER NO. 86-060
BOARD OF COUNTY COMMISSIONERS
OF DEaCHUTES, COUNTY, ,61tEGON
OjVBAISTOW PRaNTE, Chair
LAURE A� U E, Commissioner
01
DICK MAUDLI , Commissioner
January 27, 1986
EXHIBIT "A" C '
ORDER NO. 86-060
9
Legal description of the Inn property, including approximately 90 acres:
The undeclared land in tl!^_ Inn of the Seventh }fountain, beim a portion of
the SOUtheaSL' Quarter of the Southwest Quarter (SE -114 S1,'-1/10 of Section
Tvont-y-Tw0 (22), Township Eighteen (18) South, Range Eleven (11), East, of the
Villamette neridian, Deschutes Count; , Oregon, lying tforth of� PI LASE IV, I:;N
OF THE SEVENT11 MOUNTAIII, and Kest of the acce::s road of THE II+\' 0 1 E'
SEVENT11 1f0UNT:,1'1; EXCEPTING any portion thereof which 3A.---!'. within PffASI?S I,
1.I, TTI and IV of THE 11,1114 OF THE SEVEIN'T11 IWNTATN; ALSO EXCEPTING THL•'KIM7,01-1
the fight--of-way of the C e; t:ui: y L-,:'-'ve fii"t,w y, orieer.i.y 1:aown as the Century
))rive 1.larkeL Road, and that portion of said Centura; Drive as disclosed in a
Oarranty Deed to the State or Oregon, recorded February 18, 1981, in Book
335, Page 5+1, Deed Records, Deschutes Count;. fires-
nn-
P.O. Box 1207 • Bend, Oregon 97709 9 (503) 382-8711
January 27, 1986
C
vol A,2P s39B
Legal description of the Inn's new Golf Village parcel of land,
approximately 235 acres:
Beginning at the Section corner of Sections 21, 22, 27,
and 28, Township 18 South, Range 11 East, WB&M, thence N
0°26' E 20.04 chains (1322.64 feet) hence S 89°59' E
20.20 chains (1333.20 ft) hence S 8959' E 2.46 chains
(162.36 ft) to point of beginning: hence S 89°59' E
17.73 chains (1170.18 ft) hence N 89°53' E 20.37 chains
(1344.42 ft) hence S 0°22' W 12.59 chains (830.94 ft)
hence N 74°50' E 4.74 chains (312.84 ft) hence N 72025'
E 5.52 chains (364.32 ft) hence N 5059' W 2.45 chains
(161.70 ft) hence N 22008' E 2.94 chains (194.04 ft)
hence N 4010' E 6.95 chains (458.70 ft) hence N 16°22' E
3.20 chains (211.20 ft) hence N 40040' E 9.49 chains
(626.34 ft) hence N 25012' E 5.16 chains (340.56 ft)
hence S 6226' E 3.09 chains (203.94 ft) hence S 23°43'
E 3.74 chains (246.84 ft) hence S 7240' E 1.58 chains
(104.28 ft) hence N 34°09' E 4.23 chains (279.18 ft)
hence N 19005' E 4.70 chains (310.20 ft) hence N 35024'
E 4.00 chains (264.00 ft) hence N 52`27' E 4.13 chains
(272.58 ft) hence N 10°32' W 4.71 chains (310.86 ft)
hence N 35000' E 5.43 chains (358.38 ft) hence N 5055' W
5.50 chains (363.00 ft) hence N 2031' W 3.98 chains
(262.68 ft) N 0037' W 3.83 chains (252.78 ft) N 14°24' W
5.07 chains (334.62 ft) N 30027' W 5.38 chains (355.08
ft) N 20003' W 2.45 chains (161.70 ft) N 21003' W 12.12
chains (799.92 ft) N 34019' W 8.26 chains (545.16 ft) N
39003' W 3.88 chains (256.08 ft) N 69023' W 5.57 chains
(367.62 ft) -hence 59°44' W 0.60 chains (39.60 ft) edge
of Cascade Lakes Highway fee R/W hence S 15048' W along
Hwy R/W 68.533 chains (4523.31 ft) hence on arc of
59005' L 15.354 ft hence S 74053' W 24.992 chains
(1979.472 ft) to point of beginning, comprising 237.19
acres more or less.
P.O. Box 1207 * Bend, Oregon 97709 9 (503) 382-8711
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