1991-02082-Ordinance No. 91-003 Recorded 1/24/1991e
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91-0208 . 0 0 01-
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Sections 13.24.120 * ,� ..-
and 13.24.210, Deschutes County Code, * F B 2 AA
Authorizing Estimated Annual Franchise Fees, * €Mcg µr.
Requiring Written Findings and Declaring an
Emergency. * -c -�
ORDINANCE NO. 91-003 M
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THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CQUN,
OREGON, ORDAINS as follows:
Section 1. Section 13.24.120, Fees - Commercial haulers,
Deschutes County Code, is amended to read as shown in Exhibit
"A," attached hereto and by this reference incorporated herein.
Section 2. Section 13.24.210, Suspension, modification,
revocation or refusal to renew franchise, Deschutes County Code,
is amended to read as set forth in Exhibit "B," attached hereto
and by this reference incorporated herein.
Section 3. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this day of
BOARD
OF DF,
, 1991.
COUNTY COMMISSIONERS
TES COUNTY, OREGON
s
A EST:
Recording Secretary
IN,
1 - ORDINANCE NO. 91-003 (JANUARY 16, 1991)
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13.24.120 Fees --Commercial haulers.
An annual franchise fee of three percent of
the gross receipts from providing service to the
franchise service area shall be paid to the
administrator on the thirtieth day of January of
each year, accompaniedby a sworn and verified
statement of such gross receipts for the
previous calendar year. If a commercial
hauler or collection franchisee is unable to
ascertain the gross receipts from providing
service to a franchise service area by
January 30 of the following year, the fran-
chisee may pay an estimated annual fran-
chise fee by that January 30. Not later
than April 15 of the year in which an esti-
mated annual franchise fee is paid, the
commercial hauler or collection franchisee
shall submit a sworn and verified statement
of gross receipts for the previous calendar
year, and shall make any additional pay-
ment necessary or make a request for a
refund, as the case may be. Each commer-
cial hauler and collection franchisee shall main-
tain sufficient books and records to accurately
reflect the gross receipts from the service area
and shall make such books and records avail-
able at reasonable times and places for audit by
authorized personnel of the county. The
administrator may specify reasonable require-
ments for keeping such books and records.
The board may require an audit of the franchi-
see's books, at the franchisee's expense, to
determine the accuracy of the franchisee's
statement of gross receipts. (Ord. 91-003 § 1,
1991; Ord. 85-037 § 9.16(1)(a),1985)
2 - ORDINANCE NO. 91-003 EXHIBIT W' (JANUARY 16, 1991)
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13.24.210 Suspension, modification,
revocation or refusal
to renew franchise.
A. Grounds. Upon recommendation of
the committee or on the board's own motion -
the board may suspend, modify, revoke or
refuse to renew a franchise upon finding that
the franchisee has:
1. Wilfully violated this division or
Oregon Revised Statutes Chapter 459 or rules
or regulations promulgated thereunder;
2. Made a material misrepresentation in
any written documents required to be submitted
by the franchisee;
3. Wilfully refused to provide service
required by this division or the franchise, or to
take any corrective action required under
Section 13.24.200 of this chapter after written
notification and a reasonable opportunityto do
so; or
4. Misrepresented the gross receipts
from the franchise service area or disposal site,
or the average occupancy within the service
area, if such reports are required to be sub-
mitted by this division or by order of the board.
B. Effective Date --Emergency Order. If
the board, by order, suspends, modifies, revokes
or refuses to renew a franchise, the action shall
not become effective until thirty days after the
date of the order unless the board finds that
the order should take effect earlier to prevent
a serious and immediate danger to the public
health or a public nuisance.
C. Public Hearing. The affected
franchisee may request a public hearing on the
order before the board by filing a written
request for such hearing with the board within
thirty days after the date of the order. Upon
filing the request, the board shall set a time
and place for a public hearing. Unless the
board makes the finding described in subsection
B of this section, the board's action shall not
take effect until after the public hearing and
final order. The franchisee, other interested
persons, affected public agencies or bodies may
submit oral or written evidence to the board
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relevant to the board's order.
D. Final Order. The board shall, fol-
lowing the public hearing and within thirty days
thereafter, affirm, amend or rescind its prior
order based upon substantialevidencein the
record of the public hearing. The board
shall make written findings of fact based
upon such substantial evidence. Subject to
circuit court review [appeal as provided in this
division], pursuant to ORS 34.010 et. seq.,
the determination of the board is final. (Ord.
91-003 § 2, 1991; Ord. 85-037 § 9.15, 1985)
3 - ORDINANCE NO. 91-003 EXHld3IT "B" (JANUARY 16, 1991)