2023-181-Ordinance No. 2023-011 Recorded 6/22/2023REVIEWED
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LEGAL COUNSEL
Recorded in Deschutes County CJ2023-181
Steve Dennison, County Clerk
Commissioners' Journal 06/22/2023 4:47:16 PM
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2023-181
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Sections 13.24.120 and
13.24.130 of the Deschutes County Code;
Emergency Adoption.
* ORDINANCE NO. 2023-011
WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through
ordinance by Deschutes County and the Deschutes County Board of Commissioners; and
WHEREAS, from time -to -time the need arises to make amendments to existing code provisions; and
WHEREAS, staff supports increasing the annual franchise fee for both commercial haulers and
noncommercial haulers from three percent (3%) to five percent (5%) in order to provide additional operating
revenue for associated operations; and
WHEREAS, an increase from 3% to 5% will bring the annual franchise fees imposed by the county
more in line with franchise fees (7%) paid within the city jurisdictions; and
WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly
noticed public hearing during the Board meeting on June 21, 2023, and determined that the amendments are
appropriate and necessary; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as
follows:
Section 1. AMENDMENT. DCC sections 13.24.120 and 13.24.130 are amended as fully appearing in
Exhibit A and are enacted as provided in Section 2.
PAGE 1 OF 2 - ORDINANCE NO.2023-011
Section 2. ADOPTION. This Ordinance being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist; this Ordinance takes effect on July 1, 2023.
Dated this 21 st of June, 2023
ATTEST:
Recording Secretary
Date of I st Reading: 21 st day of June, 2023.
Date of 2nd Reading: 2l st day of June, 2023.
Commissioner
Patti Adair
Phil Chang
Anthony DeBone
Effective date: 1 st day of July, 2023.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
PATTI ADAIR, Vice Chair
PHIL CHANG, Co issioner
Yes
Record of Adoption Vote
No Abstained Excused
PAGE 2 OF 2 - ORDINANCE NO. 2023-01 l
EXHIBIT A
(to Ordinance No. 2023-011)
13.24.120 Fees: Commercial Haulers
An annual franchise fee of five percent of the gross receipts from providing service to the franchise
service area shall be paid to the Administrator on the 30th day of January of each year, accompanied by
a sworn and verified statement of such gross receipts for the previous calendar year. If a commercial
hauler or franchisee is unable to ascertain the gross receipts from providing service to a franchise
service area by January 30 of the following year, the franchisee may pay an estimated annual franchise
fee by that January 30. Not later than April 15 of the year in which an estimated 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 payment necessary or make
a request for a refund, as the case may be. Each commercial hauler and collection franchisee shall
maintain sufficient books and records to accurately reflect the gross receipts from the service area and
shall make such books and records available at reasonable times and places for audit by authorized
personnel of the County. The Administrator may specify reasonable requirements for keeping such
books and records. The Board may require an audit of the franchisee's books, at the franchisee's
expense, to determine the accuracy of the franchisee's statement of gross receipts.
HISTORY
Adopted by Ord. CG-4 §1 on 11611971
Amended by Ord. 85-037 §9.16(1)(a) on 1211011985
Amended by Ord. 91-003 §1 on 112311991
Amended by Ord. 95-036 §1 on 511711995
Amended by Ord. 2023-011 §1 on 612812023
13.24.130 Fees• Noncommercial Haulers
A. The annual franchise fee for noncommercial haulers shall be five percent of the total annual
cost of collection service to all of the customers in the service area. The total annual cost of
collection service shall be the product of the number of service customers multiplied by the
minimum monthly rate per customer which would be charged by the commercial hauler
franchisee serving the surrounding or adjacent area, multiplied by 12. The fee shall be paid to
the Administrator on the 30th day of January of each year.
B. In the case of noncommercial haulers, such as hotel and motel managers, who may not serve
the same number of customers each month, the number of service customers to be used in the
computation of the annual franchise fee shall be the average number of occupants of the
affected residential or rental units for the previous calendar year. Average occupancy shall be
determined by County transient room tax returns, monthly rental receipts, or other similar
records maintained by the franchisee or the County. Each noncommercial hauler collection
franchisee shall maintain sufficient books and records to accurately reflect average occupancy in
the service area and shall make such books and records available at reasonable times and places
for audit by authorized personnel of the County. The Administrator may specify reasonable
requirement for keeping such books. The Board may require an audit of the noncommercial
hauler's books, at the hauler's expense, to determine the hauler's average occupancy.
HISTORY
Adopted by Ord. CG-4 §1 on 11611971
Amended by Ord. 85-037 §9.16(1)(b) on 1211011985
Amended by Ord. 95-036 §1 on 511711995
Amended by Ord. 2023-011 §1 on 612812023
MEETING DATE: June 21, 2023
SUBJECT: Public Hearing to consider amendments to Deschutes County Code to modify
franchise fees for commercial and noncommercial haulers
RECOMMENDED MOTION:
Move first and second reading by title only, and emergency adoption of Ordinance No.
2023-011, amending Deschutes County Code Sections 13.24.120 and 13.24.130.
BACKGROUND AND POLICY IMPLICATIONS:
Existing franchise fees for commercial haulers and noncommercial haulers have been set at
3% since the 1990s. Local cities impose a franchise fee of 7%.
Revenue from the requested increase will fund ongoing and expanded solid waste
remediation efforts undertaken by CDD and Solid Waste.
Staff project that the increase will generate $240,000 annually. The projected impact to
residential customers will be $0.60 per month, and $6 per month for commercial business
customers.
BUDGET IMPACTS:
Projected increased revenue of $240,000 annually.
ATTENDANCE:
Solid Waste CDD, Legal
13 24.120 Fees; Commercial Haulers
An annual franchise fee of five t4fee percent of the gross receipts from providing service to the
franchise service area shall be paid to the Administrator on the 30th day of January of each year,
accompanied by a sworn and verified statement of such gross receipts for the previous calendar year. If
a commercial hauler or franchisee is unable to ascertain the gross receipts from providing service to a
franchise service area by January 30 of the following year, the franchisee may pay an estimated annual
franchise fee by that January 30. Not later than April 15 of the year in which an estimated 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 payment
necessary or make a request for a refund, as the case may be. Each commercial hauler and collection
franchisee shall maintain sufficient books and records to accurately reflect the gross receipts from the
service area and shall make such books and records available at reasonable times and places for audit by
authorized personnel of the County. The Administrator may specify reasonable requirements for
keeping such books and records. The Board may require an audit of the franchisee's books, at the
franchisee's expense, to determine the accuracy of the franchisee's statement of gross receipts.
HISTORY
Adopted by Ord. CG-4 §1 on 11611971
Amended by Ord. 85-037 §9.16(1)(a) on 1211011985
Amended by Ord. 91-003 §1 on 112311991
Amended by Ord. 95-036 §1 on 5/1711995
Amended by Ord. 2023-011 §1 on 6/28/2023
13.24.130 Fees; Noncommercial Haulers
A. The annual franchise fee for noncommercial haulers shall be five three percent of the total
annual cost of collection service to all of the customers in the service area. The total annual cost
of collection service shall be the product of the number of service customers multiplied by the
minimum monthly rate per customer which would be charged by the commercial hauler
franchisee serving the surrounding or adjacent area, multiplied by 12. The fee shall be paid to
the Administrator on the 30th day of January of each year.
B. In the case of noncommercial haulers, such as hotel and motel managers, who may not serve
the same number of customers each month, the number of service customers to be used in the
computation of the annual franchise fee shall be the average number of occupants of the
affected residential or rental units for the previous calendar year. Average occupancy shall be
determined by County transient room tax returns, monthly rental receipts, or other similar
records maintained by the franchisee or the County. Each noncommercial hauler collection
franchisee shall maintain sufficient books and records to accurately reflect average occupancy in
the service area and shall make such books and records available at reasonable times and places
for audit by authorized personnel of the County. The Administrator may specify reasonable
requirement for keeping such books. The Board may require an audit of the noncommercial
hauler's books, at the hauler's expense, to determine the hauler's average occupancy.
HISTORY
Adopted by Ord. CG-4 §1 on 11611971
Amended by Ord. 85-037 §9.16(1)(b) on 1211011985
Amended by Ord. 95-036 §1 on 511711995
Amended by Ord. 2023-011 §1 on 6 28 2023