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2019-92-Order No. 2019-010 Recorded 3/21/2019Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal 01 ES CJ201 9-92 03/21/2019 9:17:36 AM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Transferring Solid Waste Franchises and Consenting to Identified Assignments * ORDER NO. 2019-010 WHEREAS, High Country Disposal (HCD) was previously granted a franchise(s) to collect solid waste within identified area(s) in Deschutes County; and WHEREAS, Bend Garbage & Recycling (BGR) was previously granted a franchise(s) to collect solid waste within identified area(s) in Deschutes County; and WHEREAS, HCD has requested that all solid waste franchise rights granted or transferred to it by Deschutes County as of the present date, be transferred to Allied Waste Transfer Services of Oregon, dba Republic Services of Oregon (Republic); and WHEREAS, BGR has requested that all solid waste franchise rights granted or transferred to it by Deschutes County as of the present date, be transferred to Allied Waste Transfer Services of Oregon, dba Republic Services of Oregon (Republic); and WHEREAS, Deschutes County has ascertained that Republic is qualified to operate as a solid waste franchisee under DCC 13.24; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. That Deschutes County approves the transfer from HCD to Republic of the solid waste franchise(s) granted or transferred to HCD by Deschutes County as of the date of this Order. Section 2. That Deschutes County approves the transfer from BGR to Republic of the solid waste franchise(s) granted or transferred to BGR by Deschutes County as of the date of this Order. Section 3. That Deschutes County consents as follows: (a) to an assignment, by Deschutes Transfer Co. (DT) to Republic, of DT's interests in the October 1989 Solid Waste and Recycleable Transfer Agreement (b) to an assignment, by DT to Republic, of DT's interests in the 2011 agreement (as amended) between Deschutes County and DT to operate the Negus Transfer Station (#2011-648) (c) to an assignment, by Deschutes Recycling (DR) to Republic, of DR's interests in the 2007 License Agreement between Deschutes County and DR 02007-604) PAGE 1 OF 2- ORDER N0.2019-010 (d) to an assignment, by BOR to Republic, of BGR's interests in the 1990 agreement between BGR and LaPine Disposal for collection and transport of medical waste Section 4. That the transfers in Section 1 and 2, and the consents in Section 3 shall become effective on March 20, 2019, provided that payment by franchisee of all due fees and costs have been made, accepted and receipted by Deschutes County. Dated this Q2.0 of March, 2019 Recording Secretary PAGE 2 OF 2- ORDER NO. 2019-010 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, 0EG0 PHILIP G. H PATTI ADAIR, Vice Chair ANTHONY DEBONE, Commissioner Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of March 20, 2019 DATE: March 19, 2019 FROM: Timm Schimke Solid Waste x3177 TITLE OF AGENDA ITEM: Board Order No. 2019-010. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Deschutes County grants a number of franchise agreements to solid waste collection businesses. The franchise process is controlled by DCC 13.24. Two existing franchisees, High Country, and Bend Garbage have been sold to Republic Services. DCC requires BOCC action within 30 days of request. The BOCC considered this matter during its scheduled meeting on March 18t" FISCAL IMPLICATIONS: No change or modification. Franchise fees are as provided by DCC 13.24, et al. RECOMMENDATION & ACTION REQUESTED: Board action to approve Order No. 2019-010, transfer of solid waste franchises and consent to identified assignments. ATTENDANCE: Timm Schimke, Solid Waste DISTRIBUTION OF DOCUMENTS: Solid Waste BOCC Legal