1991-16103-Ordinance No. 91-006 Recorded 6/6/1991Section 1. That Section 13.28.025, Rates - Costs of recycling, marked
Exhibit "A," attached hereto and by this reference incorporated herein, is
hereby added to the Deschutes County Code.
Section 2. That 13.28.030, Rate adjustments - Application, of the
Deschutes County Code, is amended to read as set forth in Exhibit "B,"
attached hereto and by this reference incorporated herein.
Section 3. That 13.28.040, Rate adjustments - Review requirements, is
amended to read as set forth in Exhibit "C," attached hereto and by this
reference incorporated herein.
Section 4. That 13.28.060, Rate adjustments - Public hearing -
Considerations, is amended to read as set forth in Exhibit "D," attached
hereto and by this reference incorporated herein.
Section 5. 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
Recording Secretary
0":Z� , 1991.
BOARD OF COUNTY COMMISSIONERS
OF DES TES COUNTY, OREGON
yum. lt�xuuY� t; is io r
NC14POPPOCALANGEN, Commis ioner
D MAUDLIN, Chairman
1 - ORDINANCE NO. 91-006 (JUNE 4, 1991)
PEVOWD
91-16103
LEG COUNSEL'
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY,OREGON
An Ordinance Adding Section 13.28.025,
Rates - Cost of Recycling, and Amending
Sections 13.28.030, Rate Adjustments
Initiation; 13.28.040, Rate Adjustments **
- Review Requirements; and 13.28.060, *
,
Rate Adjustments - Public Hearing - *JUN
1
Considerations, Adding New Provisions *
�,
and Declaring an Emergency.
ORDINANCE NO.
91-006 ZC. `
THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. That Section 13.28.025, Rates - Costs of recycling, marked
Exhibit "A," attached hereto and by this reference incorporated herein, is
hereby added to the Deschutes County Code.
Section 2. That 13.28.030, Rate adjustments - Application, of the
Deschutes County Code, is amended to read as set forth in Exhibit "B,"
attached hereto and by this reference incorporated herein.
Section 3. That 13.28.040, Rate adjustments - Review requirements, is
amended to read as set forth in Exhibit "C," attached hereto and by this
reference incorporated herein.
Section 4. That 13.28.060, Rate adjustments - Public hearing -
Considerations, is amended to read as set forth in Exhibit "D," attached
hereto and by this reference incorporated herein.
Section 5. 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
Recording Secretary
0":Z� , 1991.
BOARD OF COUNTY COMMISSIONERS
OF DES TES COUNTY, OREGON
yum. lt�xuuY� t; is io r
NC14POPPOCALANGEN, Commis ioner
D MAUDLIN, Chairman
1 - ORDINANCE NO. 91-006 (JUNE 4, 1991)
0106 1586
13.28.025 Rates - Costs of recycling.
After July 1, 1993, the rates established
under this section shall be just and
reasonable, and adequate to provide
necessary collection service. The rates
established by the county shall allow a
person holding a franchise to recover any
additional costs of providing the opportunity
to recycle within the urban growth boundary
area outside of any incorporated city within
the franchise area. The rates shall also
allow the recovery of the costs of education,
promotion and notice of the opportunity to
recycle provided by the franchisee.
(Ord. 91-006 § 1, 1991)
2 - ORDINANCE NO. 91-006 EXHIBIT "A" (JUNE 4, 1991)
0106 1587
13.28.030 Rate Adjustments --
[Application] Initiation
A. When a franchisee proposed to adjust
one or more rates, the franchisee shall make
an application for rate adjustment on forms
provided by the administrator. The
application shall include all supporting
information justifying the proposed rate
adjustment, and any other information
requested by the administrator.
B. Rate adjustment proceedings may be
initiated by the board on the
recommendation of the Administrator or
Committee or on the Board's own motion.
(Ord. 91-006 § 2, 1991; Ord. 85-037 §
10.03(1), 1985)
3 - ORDINANCE NO. 91-006 EXHIBIT 'B" (JUNE 4, 1991)
C106
13.28.040 Rate adjustments --Review
requirements.
A. Upon receiving an application for a
rate adjustment, the administrator shall review
the application and supporting information,
shall designate a qualified person
confidentially to review the books and records
of the franchisee applicant, and shall forward
the application and supporting information to
the committee.
B. Upon receiving the application for
rate adjustment, the committee shall review
the application and supporting information,
may hold an informational pubic hearing on
the proposed rate adjustment, and shall make
a recommendation to the board regarding the
proposal.
C. Upon Board initiation of rate
adjustment proceedings, the Administrator
shall review the order and may designate a
qualified person to review the books and
records of the franchisee and such other
books, records and other materials as may
be necessary to address the criteria set forth
in Section 13.28.060. The Administrator
shall make a recommendation to the Board
regarding the Board initiated rate
adjustments. Prior to making such
recommendation to the Board, the
Administrator may refer the recommendation
to the Committee for an informational public
hearing on the proposed rate adjustment.
The Committee then shall make a
recommendation to the Board regarding the
Administrator's recommendation. (Ord.
91-006 § 3, 1991; Ord. 85-037 § 10.03(2) and
(3), 1985)
4 - ORDINANCE NO. 91-006 EXHIBIT "C" (JUNE 4, 1991)
f
13.28.060 Rate adjustments --Public
hearing --Considerations.
In determining whether to grant, deny or
modify an application for a rate adjustment,
the board may consider rates charged by
other persons performing the same or similar
service in the same or other areas, and shall
give due consideration to the following
factors:
A. Changes in the cost of operation;
B. Current and projected revenues and
expenses;
C. The investment in facilities and
equipment;
D. Tax credits for which the applicant
is eligible.
E. The services of management;
F. Local wage scales;
G. The concentration of customers in
the area served;
H. Methods of storage, collection,
transportation, disposal, salvage, recycling or
reuse;
I. Net cost of providing the opportunity
to recycle, including the avoided cost of solid
waste disposal by recycling, education,
promotion and notice related to recycling;
J. Whether the franchisee provides
incentives to customers to source -separate
recyclable material;
K. A reasonable return to the
franchisee;
L. The length of haul to disposal
facilities or depots;
M. The cost of disposal;
N. The use of transfer stations or
transfer systems and the added costs;
O. The cost of alternate methods of
disposal;
P. The future service demands of the
service area or disposal site which must be
anticipated in equipment, facilities, personnel
or land;
Q. Extra charges for special pickups or
pickups on days where service is not normally
provided on a collection route;
R. Extra charges where the type or
character of waste or solid waste, including
but not limited to wastes with peculiarly
offensive odors, requires special handling or
service;
S. Extra charges for providing janitorial
services on the premises where service is
provided;
T. In addition, with respect to disposal
sites, the type of site, whether the site is
open to the public and the hours of
operation, type of waste disposed of and
method of disposal;
U. Cost of compliance with laws,
ordinances, regulations and rules of public
agencies or bodies having jurisdiction;
V. Other factors which may, in the
opinion of the committee and the board,
necessarily affect the rates to be charged.
(Ord. 91-006 § 49 1991; Ord. 85-037 §
10.03(5), 1985)
5 - ORDINANCE NO. 91-006 EXHIBIT 'D" (JUNE 4, 1991)