ORDINANCE NO. 181509

Consent to the transfer of Troudt Brothers Sanitary & Recycling residential solid waste and recycling collection franchise to Heiberg Garbage Service. (Ordinance)

The City of Portland ordains:

Section 1 the Council finds that:

1.  In 2002, the Council approved Ordinance No. 176687 granting a residential solid waste collection franchise to Troudt Brothers Sanitary & Recycling.

2.  The City’s franchise with Troudt Brothers Sanitary & Recycling establishes certain terms and conditions for that company’s delivery of residential solid waste and recycling services within a particular geographic territory of the City.

3.  As one of the provisions of Ordinance No. 176687, Section 14, Troudt Brothers Sanitary & Recycling agreed that it would not assign or transfer the franchise, by any means, without the prior consent of the City.

4.  Troudt Brothers Sanitary & Recycling has made a decision to transfer their franchise to Heiberg Garbage Service effective January 1, 2008. Troudt Brothers Sanitary & Recycling has requested that the City give its consent to the transfer of the franchise to Heiberg Garbage Service as provided in the franchise.

5.  The transfer has been reviewed by the staff of the Office of Sustainable Development with regard to the technical, legal and financial qualification of Heiberg Garbage Service to deliver residential waste collection service within the prescribed geographic territory for the term of the franchise. The OSD staff recommends that the Council approve the transfer.

NOW THEREFORE, The Council directs:

a.  Pursuant to the City Charter and Section 14 of Ordinance No. 176687, consent is hereby given to the transfer of the franchise from ownership of Troudt Brothers Sanitary & Recycling to Heiberg Garbage Service effective January 1, 2008.

b.  Heiberg Garbage Service shall provide written notice to the City within 30 days of the date when the actual transfer of the franchise has occurred and the company has undertaken responsibility for providing services to customers within the City.

c.  Within 30 days after this ordinance becomes effective, Heiberg Garbage Service shall file in the Office of the Auditor of the City of Portland, a written acceptance of the ordinance meeting the approval of the City Attorney. Such acceptance shall be unqualified and shall be construed to be an acceptance of all the terms, conditions and restrictions contained in the ordinance and in the Ordinance 176687. A failure on the part of Heiberg Garbage Service to file such written acceptance within such time shall be deemed a rejection and abandonment, and this ordinance shall thereupon be null and void.

d.  In the event the transaction which is the subject of this ordinance is not consummated or does not reach final closure for any reason, or in the event such closure is reached on terms substantially and materially different to the terms as previously described in the information provided to the City by Heiberg Garbage Service and Troudt Brothers Sanitary & Recycling and relied upon by the City, then this ordinance, together with the written acceptance provided hereunder shall be null and void. If the closure is upon terms which are substantially and materially different, Heiberg Garbage Service shall resubmit a request for the City’s consent to transfer of the subject franchise, in order to be in compliance with the terms and conditions of the franchise.

BACKING SHEET INFORMATION

AGENDA NO. 1514, 33-2008

ACTION TAKEN:

DEC 19 2007 PASSED TO SECOND READING JAN 02 2008 9:30 AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 181509