§ 13.20.110. Rates.

The rates for service under this chapter shall be those rates currently in effect upon the adoption of the ordinance codified in this chapter, unless modified by the council. Said rates shall remain in effect until a change in rates is approved by the city council. The city council shall establish and, as considered necessary from time to time, change rates by resolution.

A.

The rates to be charged to all persons by franchisee shall be adequate, reasonable, uniform and based upon the level and type of service rendered.

B.

Nothing in this section is intended to prevent:

1.

The reasonable establishment of uniform classes of rates based on the type of waste collected, transported, disposed of, recycled or resource recovered; or the number, type and location of customers served; or upon other factors so that rates are reasonably based on the cost of the particular service;

2.

Franchisee from volunteering service at reduced cost for a civic, community, benevolent or charitable purpose.

C.

A rate adjustment may be requested not more than annually by franchisee pursuant to the following procedures:

1.

The franchisee shall submit to the city manager a request for specific changes in the established rates previously approved by the city council.

2.

Within thirty (30) days following the written request for a rate change, the city manager may request and the franchisee shall provide such financial information, operating information, financial statements, and other information as shall be relevant to assist the city manager in processing a rate adjustment request for consideration by the council. The city manager may also request, and the franchisee shall procure and provide from franchisee's parent corporation or corporations, additional information relating specifically to any administrative shared or allocated costs charged to franchisee by such parent organizations and the basis for and calculations determining such costs.

3.

Within sixty (60) days following the written request, the city manager shall submit a report to the council regarding the rate or rates being requested and relevant information for the council's consideration.

4.

Upon receipt of the city manager's report, factual information, and other materials deemed relevant for council consideration, the council shall call a public hearing on the requested rate change.

a.

The public hearing shall be held at the earliest practical meeting, either a general meeting or, in the discretion of the council, at a special meeting.

b.

Notice of such public hearing shall be published in a newspaper of general circulation in the city, not less than five days nor more than fifteen (15) days prior to the date of such public hearing.

c.

The public hearing shall be conducted in accordance with normal procedures for the conduct of public hearings within the city.

d.

Any public hearing held may be continue to a specified day by oral pronouncement prior to the close of such hearing, and such pronouncement shall serve as sufficient notice of such continuance to all interested persons.

5.

At the conclusion of such public hearing, the council shall determine whether to grant the requested rate adjustment, deny the requested rate adjustment, or approve a modified rate adjustment as determined to be appropriate by the council. In connection with making its determination, the council may consider all relevant factors including but not limited to the following:

a.

The cost of performing the service including recycling service provided by the franchisee;

b.

The anticipated increase in the cost of providing the service;

c.

The need for equipment replacement and the need for additional equipment to meet service needs in compliance with federal, state and local law ordinances and regulations or technological change;

d.

The rate of return for the franchisee;

e.

The rates charged in other cities of similar size within the area of similar service;

f.

The level of desirable service to the public;

g.

The local wage scales, costs of management facilities, and disposal costs;

h.

The volume of customers served and waste generated by the franchisee;

i.

Methods of collection, storage, transportation, disposal, salvage, recycling or reuse of materials;

j.

Anticipated future service demands in the service area;

k.

Extra charges for service not normally provided on a collection route or requiring special handling or service.

D.

As an exception to the annual rate review procedure set forth in subsection C of this section, if the franchisee is impacted by a significant unanticipated increase or decrease in a single cost or group of costs that would require an interim rate review, the city or the franchisee may apply for a supplemental rate adjustment based on the contributory factors. The procedure set forth in subsection C of this section shall be followed, except the city manager shall submit a report to the council and the council shall call a public hearing on the requested change and the council shall act upon the rate adjustment request within forty-five (45) days from the receipt by the city of the written request for rate adjustment.

E.

Rates established by the council are fixed rates and franchisee shall not charge more than the fixed rate. Franchisee may charge a reduced rate for a civic, community, benevolent or charitable purpose.

F.

When no rate has been established for a service which the franchisee can provide at customer request, the franchisee shall charge a rate based on the factors outlined in subsections A and C of this section.

G.

Until changed by the council in an appropriate resolution, rates to be charged are those in effect on the effective date of the ordinance codified in this chapter.

(Ord. 91-8 (part), 1991; Ord. 91-4 § 10, 1991)