1999-949-Resolution No. 99-074 Recorded 9/9/1999VOL: CJ1999 PAGE: 949 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *01999-949 *Vol -Page Printed: 09/20/1999 14:30:39 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Sep. 9, 1999; 1:06 p.m. Resolution (CJ) NUMBER OF PAGES: 6 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK !CEP CHER S 2, 01999 os/414rq " qlq REVIEWED el g ffP -9 � PH is 06 BEFORE THE BOARD OF COUNTY CONMUSSIONERS OF D SUTES COUNTY, OREGON MARY SUE PENHOLLOW A Resolution Approving the Advertising Policy * COUNTY CL-ERK and Standards for the Deschutes County Department of Solid Waste. RESOLUTION NO. 99-074 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1: That the advertising policy and standards for the Deschutes County Department of Solid Waste at Knott Landfill marked Exhibit "A," attached hereto and by this reference incorporated herein, is hereby approved. DATED this -- day of 1999. T: Recording Secretary 1 - RESOLUFION NO. 99-074 (8/30/1999) BOARD OF COUNTY COMMISSIONERS OF DESgHUTES C,9U*TY, OREGON L. SWEARINGEN, Chair T. N. DE LF, Commissioner DE�S R. LUKE, Commissioner ADVERTISING POLICY AND STANDARDS FOR THE DESCHUTES COUNTY DEPARTMENT OF SOLID WASTE AT KNOTT LANDFILL I. Purpose and Intent A. This advertising policy is adopted by the Department of Solid Waste as directed by the Board of County Commissioners. B. The purpose of this policy is to create definite, uniform standards for the display of advertising at Knott Landfill. This policy is intended to be an objective and enforceable standard for advertising that is consistently applied, and which is consistent with the free speech guarantees of the First Amendment to the United States Constitution. C. It is the County's declared intent and purpose not to allow or cause any of its facilities to become a public forum for the dissemination, debate, and/or discussion of public issues. D. It is the County's declared intent and purpose to raise revenues through the sale of advertising space at Knott Landfill for the purpose of offsetting revenues lost through the County's disposal fee waiver policy established by Resolution 97-114. E. Deschutes County reserves the right to amend these policies and standards at any time. Any revisions or amendments to this policy will be in writing. Any member of the public may obtain a copy of these standards at any time, upon request. F. At the discretion of the Board of County Commissioners, Deschutes County may at any time, subject to any contractual obligations, declare a complete ban on all advertising at Knott Landfill and direct that no advertisements of any kind be accepted for display and posting. EXHIBIT "A" Page 1 II. Advertising standards and restrictions A. Limitation Upon Advertisements. No advertisement will be displayed or maintained if the advertisement or information contained in it falls within one or more of the following categories: 1. Is false, misleading, or deceptive; 2. Promotes unlawful or illegal goods, services or activities; 3. Implies or declares an endorsement by Deschutes County of any goods, services or activities; 4. Contains any nudity, obscenity, sexual conduct, sexual excitement, or sadomasochistic abuse as those terms are defined in ORS 167.060, and as such law may be amended, modified or supplemented; 5. Contains an image or description which, if furnished or sent to a minor would give rise to a violation of ORS 167.065, 167.070, 167.075, and/or 167.080, and as such law may be amended, modified or supplemented; 6. Contains an image or description which would give rise to a violation of ORS 167.087 and/or 167.090, and as such law may be amended, modified or supplemented; 7. Is libelous; 8. Promotes the sale of tobacco, or tobacco related products; 9. Promotes the sale of wine, liquor, beer, or distilled spirits; 10. Supports or opposes a candidate, issue, or cause; 11. Supports or opposes a religion, denomination, creed, tenet, or belief, 12. Displays any word, phrase, symbol, or character likely to interfere with, mislead, or distract traffic; 13. Incorporates any rotating, revolving, or flashing devices or any other moving parts. B. Accepted Advertising. The spaces available at Knott Landfill are limited in number. Therefore, advertising that meets the requirements of section II.A, and the purchase requirements of section IIIA, will be accepted on a first- come first -serve basis. At present, advertising is limited to 24 spaces. 2 EXHIBIT "A" Page 2 C. Review of Advertisements. The Board of County Commissioners will establish a three member advertising standards committee 1. The Standards Committee will review each advertisement submitted for display and installation at Knott Landfill to determine whether the proposed advertisement falls within, or may fall within, one or more of the categories set forth in section II.A. 2. If the Standards Committee determines that an advertisement falls within, or may fall within, one or more of the categories set forth in sections II.A: a. The Standards Committee will promptly provide the advertiser with a copy of these standards and written notice of its determination, the reasons for the determination, and the advertiser's right to request a prompt review before the Board of County Commissioners. b. The Standards Committee will promptly provide the Board of County Commissioners a copy of the written notice to the advertiser and the advertisement at issue. c. Upon written request of the advertiser, the Board of County Commissioners will conduct a review within fourteen (14) days of receipt of a written request of the advertiser, to determine whether the advertisement at issue falls within one or more of the categories set forth in section II.A. d. Within fourteen (14) days of the review conducted by the Board of County Commissioners, it will provide the advertiser and the Standards Committee a written notice of its determination. The Board of County Commissioner's determination will be final. III. Design Standards and Minimum Advertising Purchases A. Amount and Schedule. Advertising space will be marketed in one year increments. Rates are $400 for first year, $500 for each additional year upon renewal. Rates may not be changed without approval of the Board of County Commissioners. B. Design Standards. Advertising shall consist of signs supplied by the advertiser meeting the following standards. 1. Signs must be rectangular in shape with 4' x 8' dimensions. Signs must be configured with a 4' vertical and 8' horizontal orientation. 2. Signs must be constructed of '/s " MDO (medium density overlay) or other material of equal or greater strength and durability. Signs must be 3 EXHIBIT "A" Page 3 professionally painted or constructed so as to be able to withstand exposure to the elements. Signs that become worn, faded, deteriorated or in any way unsightly shall be removed without refund until such time as advertiser replaces or repairs the sign to acceptable standards. IV. Other Provisions A. Community Service Promotions. Deschutes County will have the right to display advertisements for community service organizations at the Board of County Commissioner's discretion. Such promotions shall not exceed 20% of available advertising space. B. Solid Waste Department Promotions. The Solid Waste Department will have the right to display advertisements and notices that pertain to its own operations and promotions. 4 EXHIBIT "A" Page 4 SIGN DESIGN AND CONTENT SUBMITTAL FORM Please show layout and content of proposed sign. Return to: Timm Schimke Department of Solid Waste 61000 SE 27th Street Bend, OR 97702 Fax: 317-3959 O H EXHIBIT "N' Page 5 O U Lz7 W O P. A4 a