Chapter 8.28 SOLID WASTE COLLECTION SERVICE FRANCHISE

(6) Protect public health and the environment, and particularly, through the orderly provision of waste disposal throughout the county, to discourage illegal dumping on public and private land.

(7) Provide public service standards.

(8) Protect against improper and dangerous handling of hazardous wastes.

(9) Ensure the provision of service to all citizens. (Ord. 161 § 2, 2005)

8.28.030 Definitions.

For purposes of this chapter, the following terms have the following definitions:

(1) “County” means Crook County, Oregon.

(2) “County court” means the county court of the county of Crook, Prineville, Oregon.

(3) “Compensation” includes:

(a) Any type of consideration paid for service including, but not limited to, rent, the proceeds from resource recovery, any direct or indirect provision for the payment of money, goods, services or benefits by tenants, lessees, occupants of similarly situated persons; and

(b) The exchange of service between persons.

(4) “Franchisee” means the person or persons granted a franchise by this chapter and a subsequent ordinance or a subcontractor to such person or persons.

(5) “Hazardous waste” means any waste:

(a) Defined as hazardous waste by or pursuant to ORS 466.005; or

(b) Defined as hazardous waste by another governmental unit having jurisdiction; or

(c) Determined by the county court or other competent authority to be hazardous to service workers, to service equipment, or to the public.

(6) “Person” means any individual, partnership, association, corporation, trust, firm, estate, joint venture or other private legal entity or any public agency.

(7) “Recyclable material” means any material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material.

(8) “Resource recovery” means the process of obtaining useful material or energy resources from solid waste, including reuse, recycling, and other materials recovery or energy recovery of or from solid waste.

(9) “Service” means the collection, transportation or disposal of or resource recovery from solid waste.

(10) “Solid waste” means all solid waste or semi-solid waste including, without limitation, garbage, rubbish, refuse, trash, ashes or swill, newsprint or waste paper, corrugated cardboard, grass clippings, compost, residential, commercial, industrial, governmental or institutional waste, discarded home or industrial appliances, equipment or furniture, vehicle parts or tires, vegetable or animal wastes, infectious waste, and other wastes.

(11) “Solid waste management” means the prevention of or reduction of solid waste; management of service and facilities and equipment necessary or convenient to such activities.

(12) “Source separate” means that the person who last uses recyclable material separates the recyclable material from solid waste.

(13) “Waste” means material that is no longer directly usable by the source, generator or producer of the material, which material is to be disposed of or be resource recovered by another person.

(a) The fact that all or any part of the materials may have value and thus be recovered does not remove them from this definition.

(b) The fact that the source, generator or producer of materials has separated or segregated such material from other waste does not remove the materials from this definition. (Ord. 161 § 3, 2005)

8.28.040 Persons and practices exempt from franchise.

Nothing in this chapter requires a franchise from the following persons for the following business or practices:

(1) The collection, transportation and reuse of repairable or cleanable discards by a private charitable organization regularly engaged in such business or activity.

(2) The collection, transportation and reuse or recycling of totally source-separated materials or operation of a collection center for totally source-separated materials by a religious, benevolent, fraternal or charitable organization, which organization was not organized or operated for any solid waste management purpose and which is using the activity for fundraising, including, without limitation, scouts and churches.

(3) The collection, transportation or redemption of returnable beverage containers under ORS Chapter 459 and the portion thereof commonly known as the “Bottle Bill.”

(4) The generator or producer who transports and disposes of waste created as an incidental part of regularly carrying on the business or service of auto wrecking, to the extent licensed by the state of Oregon; demolition, land clearing or construction; janitorial service; gardening, park maintenance or landscaping service; street sweeping, auto body recovery; or septic tank pumping or sludge collection. “Janitorial service” does not include cleanup of accumulated or stored wastes.

(5) The transportation by a person of solid waste generated or produced by such person or such person’s former tenant to a disposal site, resource recovery site or market. The transportation by a property owner of residential property of solid waste left upon such owner’s property by former tenants or former occupants to a disposal site, resource recovery site or market.

(6) The purchase of totally source-separated solid waste for fair market value.

(7) The providing of service for wastes determined by competent authorities to be hazardous.

(8) Any practice, business or activity may be exempted by the county court after public hearing thereon. In considering whether the county court shall exempt such practice, business or activity, it may consider the purposes and standards of this chapter and may require terms and conditions as it deems necessary in the public interest. (Ord. 161 § 4, 2005)

8.28.050 Practices prohibited without a franchise.

Unless exempted by CCC 8.28.040 or franchised pursuant to CCC 8.28.060, no person shall:

(1) Solicit customers for service; or

(2) Advertise the providing of service; or

(3) Provide service in the county. (Ord. 161 § 5, 2005)

8.28.060 Grant of exclusive franchise.

Except as provided in CCC 8.28.040, there is hereby granted to Allied Waste Transfer Services of Oregon, LLC, dba Republic Services of Oregon, the exclusive right, privilege, and franchise to provide service within the county, but not including the area within the city limits of the city of Prineville, as of the date of the ordinance codified in this chapter and any area that may hereafter be annexed to the county and, for that purpose, to utilize the roads and streets of the county. (Ord. 316 § 1, 2020; Ord. 161 § 6, 2005)

8.28.070 Franchise term.

(1) The rights, privileges, and franchise granted by this chapter shall begin on the effective date of the ordinance codified in this chapter and shall be considered as a continuing six-year franchise, unless sooner terminated pursuant to CCC 8.28.100. Beginning on March 15th of each year, the franchise will be considered renewed for an additional six-year term unless at least 30 days prior to March 15th of any year, the one party shall notify the other in writing of intent to terminate the franchise.

Upon the giving of such notice of termination, the franchisee shall have a franchise which will terminate six years from the date of notice of termination. The parties may later modify the term or reinstate, conditioning renewal upon mutual agreement. If the county notifies the franchisee of its intent to terminate the franchise, the franchisee shall have the right for a hearing before the county court before any termination is made, provided such hearing is requested by the franchisee within 30 days of the notice, in writing. Nothing in this section restricts the county court from suspending, modifying or revoking the franchise for cause, pursuant to subsection (2) of this section and CCC 8.28.100.

(2) In addition to the terms set forth in CCC 8.28.100, the permission and authority granted by this chapter may be revoked or terminated by county at the court’s sole discretion whenever any of the following occur:

(a) Franchisee violates any material term of this chapter; whether a term is “material” shall be determined by county at county’s sole discretion.

(b) Franchisee is in material breach of or default under this chapter.

(c) Action or failure to act on the part of the franchisee leads to financial penalty or punitive regulatory action levied against the county or by a state or federal agency.

(d) Franchisee becomes insolvent, or unable or unwilling to pay its debts, or is adjudged bankrupt or seeks relief under the bankruptcy laws.

(e) By mutual agreement. (Ord. 161 § 7, 2005)

8.28.080 Franchise fee.

(1) Franchisee shall pay to the county a franchise fee or charge equivalent to three percent of franchisee’s gross operating revenue as the same is defined herein. Franchise fees shall be levied in the same manner and in the same amount upon all franchisees. Franchise fees shall be in addition to all landfill disposal fees charged to franchisee.

(2) “Gross operating revenue,” as used herein, shall be defined as the gross revenue (before operating expenses) from solid waste collection services within the franchise area.

(3) The franchise fee due hereunder shall be paid annually on or before 30 days following the anniversary of the effective date of the ordinance codified in this chapter.

(4) The county acknowledges that under the terms of this new franchise, the county should pay for services provided to the county by franchisee. In lieu of this, however, the county and franchisee may reach a mutually agreed upon level of services, including recycling to the county and mutually agreed upon level of charges for these services. This mutually agreed upon amount may then be deducted from the annual franchise fee due to the county by franchisee. Any such mutual agreement shall be reduced to writing and signed by the county and franchisee.

(5) The county treasurer, or any person authorized in writing by him or her, may examine during normal business hours upon reasonable notice to the franchisee the books, papers and accounting records relating to franchisee’s gross operating revenue for purposes of verifying the accuracy of any calculation of franchisee fee pursuant to ORS 192.501(5). Such examination shall be made not less than every four years. Records submitted to or reviewed by the treasurer or any examiner designated by him or her for the purpose of calculating franchise fee owed may reasonably be considered confidential, and the county government hereby commits itself in good faith not to disclose the contents of same inasmuch as the county court finds that the public interest would suffer through such disclosure.

(6) It shall be a breach of this agreement for the treasurer or any examiner designated by him or her to make known, in any manner whatever, the business affairs, operations or information obtained by an examination of records and equipment of any franchisee or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof set forth in any statement or applications, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof, to be seen or examined by any person; provided, that nothing in this subsection shall be construed to prevent the following:

(a) The disclosure to or examination of records and equipment by another county official, employee or agent for collection of franchise fees for the sole purpose of administering or enforcing any provision of this chapter or collecting franchise fees as provided for hereunder.

(b) The disclosure, after the filing of a written request to that effect, to the franchisee himself, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to any paid franchise fee, any unpaid franchise fee or the amount of franchise fee required to be collected, together with interest and penalties thereon; further provided, however, that county counsel approves each disclosure and that the treasurer may refuse to make any disclosure referred to herein when in his or her opinion the public interest would suffer thereby.

(d) The disclosure of general statistics regarding taxes and fees collected of business done in the county.

(e) By order of a court of competent jurisdiction.

(f) As may be required by public records law.

(7) Notwithstanding the above, nothing herein shall be deemed to enlarge or otherwise broaden the applicability of the Oregon Public Records Law and the provisions therein, which protect the confidentiality of records that may reasonably be considered confidential.

(8) The county court may waive all or part of the franchise fee upon determination that waiver is in the public interest. (Ord. 161 § 8, 2005)

8.28.090 Franchisee responsibility.

(1) The franchisee shall:

(a) Provide service to any and all persons who so desire and are located within the county, exclusive of the area included within the city limits of the city of Prineville, subject to the provisions of CCC 8.28.110 and 8.28.130.

(b) Dispose of solid waste at the site approved and designated by the county court and comply with all applicable laws, rules and regulations of the United States of America, the state of Oregon and the county of Crook, including all agencies and subdivisions thereof.

(c) Provide and keep in force public liability insurance in the amount of not less than $500,000 for injury to a single person, $500,000 to a group of persons and $100,000 property damage, all relating to a single occurrence. In addition to the above-described insurance, franchisee shall keep and maintain “umbrella coverage” in the amount of $1,000,000. All insurance requirements stated in this subsection shall be subject to review and revision by the county on a yearly basis. Such insurance shall be evidenced by a certificate of insurance filed with the county treasurer. All such insurance shall include Crook County as a named insured and shall provide that coverage shall not be reduced or cancelled without 30 days’ advance written notice to Crook County.

(d) Franchisee shall at all times conduct its operations under this franchise in a safe and workmanlike manner so as not to present a danger to the public or county. Franchisee shall pay, save harmless and indemnify county from any loss, liability, claim, cost or expense including attorneys’ fees at trial or on appeal against county arising from any act or omission of franchisee carrying out its operations under this franchise. In addition, franchisee shall pay, save harmless and indemnify county from any loss, liability, claim, cost or expense, including attorneys’ fees at trial or on appeal against county arising from any unlawful “takings” claim by third-party disposal companies.

(e) Within 30 days after the effective date of the ordinance codified in this chapter, file with the county clerk a written acceptance of this franchise by endorsing acceptance on a copy of the ordinance codified in this chapter.

(f) Provide sufficient collection vehicles, containers, facilities, personnel and finances to provide good service.

(g) On or before the effective date of the ordinance codified in this chapter, franchisee shall provide, at franchisee’s expense, all required permits and licenses necessary for operation of its business, including but not limited to all land use or conditional use approvals.

(h) Except as otherwise provided, all vehicles used in the collection and/or transportation of waste shall be equipped with a leak-proof metal body of the compactor type. If a franchisee uses a specially designated motorized local collection vehicle for transporting solid waste over short distances from residential or commercial stops to waiting trucks, the container portion of such vehicle shall be equipped with a cover, adequate to prevent scattering of the load. All vehicles shall be properly licensed, registered, and equipped in compliance with the motor vehicle laws of the state of Oregon.

(i) Respond promptly and effectively to any complaint on service.

(j) Provide a performance bond in the amount of $100,000 with a surety licensed to do business in the state of Oregon conditioned upon the full and faithful performance of this agreement and franchise and this chapter. In the event that the county court finds that the franchisee has adequate experience and otherwise meets the requirements to guarantee service, it may waive, by county court action, all or part of the bond requirements and may attach any necessary condition to the waiver.

(k) The franchisee shall provide the opportunity to recycle in accordance with ORS Chapters 459 and 459A. In addition, the franchisee shall comply with any and all rules and regulations adopted by the Department of Environmental Quality together with any additional rules adopted by this county.

(2) The franchisee is not required to store, collect, transport, transfer, dispose of or resource any of what is determined by competent authorities to be hazardous waste; provided, however, that the franchisee may provide such service outside this chapter in compliance with all applicable laws, ordinances and regulations.

(3) The franchisee may subcontract with others to provide a portion of the service where franchisee does not have the necessary equipment or service; however, such subcontract shall be with the approval of the county court. Such a subcontract shall not relieve the franchisee of total responsibility for providing and maintaining service and from compliance with this chapter.

(4) The franchisee shall not:

(a) Give any rate preference to any person, locality or type of solid waste stored, collected, transported, disposed of or resource recovered. This subsection shall not prohibit uniform classes of rates based upon length of haul, type or quality of solid waste handled and location of customers so long as such rates are reasonably based upon cost of the particular service and are approved by the county court; nor shall this subsection prevent any person from volunteering service at reduced cost for a charitable, community, civic or benevolent purpose.

(b) Transfer this franchise in any way or any interest therein, or transfer any ownership interest in franchisee including but not limited to the transfer of franchisee stock to any other person without prior written approval of the county court, which approval shall not be unreasonably withheld. (Ord. 161 § 9, 2005)

8.28.100 Suspension, modification or revocation of franchise.

(1) Failure to comply with written notice from the court to provide necessary service or otherwise comply with the provisions of this chapter after written notice and reasonable opportunity to comply shall be grounds for modification, revocation or suspension of this franchise.

(2) After receipt of the aforementioned written notice from the county court, the franchisee shall have 30 days from the date of mailing of the notice in which to comply.

(3) If the franchisee fails to comply within the specified time, the county court may suspend, modify, or revoke the franchise or make such action contingent upon continued noncompliance with this chapter. This subsection shall not restrict franchisee’s appeal rights, if any.

(4) In the event the county court finds an immediate and serious danger to the public it may take such action as it deems necessary in the public interests. (Ord. 161 § 10, 2005)

8.28.110 Termination of service.

The franchisee shall not terminate service to any customer unless:

(1) The street or road access is blocked and there is no alternate route; or

(2) Excessive weather conditions render providing service unduly hazardous to persons providing service or such termination is caused by accidents or casualties caused by an act of God, public enemy or vandalism; or

(3) A customer is not complying with the prohibitions of CCC 8.28.130 or has not paid for service provided after a regular billing and after a 15-day written notice to pay; or

(4) Ordered by a legislative, administrative or judicial body having jurisdiction. (Ord. 161 § 11, 2005)

8.28.120 Rate determination.

(1) Within 30 days of the effective date of this chapter, maximum rates for service shall be determined by the county court after a public hearing and upon application by franchisee. Until such time as rates are adopted as set forth hereunder, franchisee shall continue to use its current rates. Rates adopted by the county court under this section shall be by order and shall be in compliance with ORS Chapter 459A. Rates for service shall be contained in the document marked Exhibit “A,” attached to the ordinance codified in this section and by this reference hereby incorporated in this chapter.

(2) Following the one-year anniversary of the effective date of the ordinance codified in this chapter, and not less than annually thereafter, franchisee may increase each category of its maximum rates for service by a percentage not greater than the last reported U.S. Consumer Price Index. Prior to implementing such rate increase, franchisee shall provide written notice to customers not less than 30 days before mailing billing statements or invoices utilizing the new rate’s bills. Such notice shall clearly explain the relationship between the rate structure and relevant consumer price index. Prior to notifying customers of the rate increase, franchisee shall provide written notice to the county court of intent to increase rates in accordance with this section, and county court shall subsequently acknowledge such rate increase within 60 days of receipt in the form of an order of the county court.

(3) In the event franchisee wishes to increase maximum rates for service by a percentage greater than the last reported U.S. Consumer Price Index, franchisee may by May 1st of each calendar year following the adoption of the ordinance codified in this chapter file an application for an adjustment in rates. In support, the franchisee shall provide the county court with all information deemed necessary by the county court with respect to the operations of franchisee in order to make a reasonable and rational decision on the application. In a scheduled public hearing, the county shall act upon such request for rate adjustment no later than 60 days following receipt of request for adjustment. The new rate increase or decrease will begin 30 days following conclusion of the hearing if approval is granted for a rate change. Rates shall be changed by order of the county court.

(4) In determining the appropriate rate to be charged by the franchisee, the county court may consider any or all of the following:

(a) The cost of performing the service provided by the franchisee.

(b) The anticipated increase in the cost of providing this service.

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

(d) The investment of the franchisee and the value of the business and the necessity that the franchisee have a reasonable annual rate of return on revenues in the range of eight percent to 12 percent, with a target of 10 percent. Return on investment shall be determined based upon generally accepted accounting principals (GAAP). Franchisee’s books shall be made available to county upon request to verify profits.

(e) The rates charged in other cities of similar size in surrounding jurisdictions for similar service.

(f) The public interest in assuring reasonable rates to enable the franchisee to provide efficient and beneficial service to the residents and the other users of the service.

(g) The local wage scales, cost of management facilities and landfill and disposal fees or charges.

(h) Any profit or cost savings resulting from recycling, and any additional costs resulting from recycling.

(i) Other factors affecting the cost of providing service.

(5) Rates charged shall not be greater than those established as provided herein, but nothing shall preclude franchisee from charging a lesser rate than the maximum imposed rate provided for in the rate schedule approved by the county court. Nonscheduled services may be provided at the reasonable cost of providing the service.

(6) Franchisee shall bill and collect on a current billing basis. When franchisee has experienced collection problems on a particular account, he may require other than current billing basis. Such other procedures will be subject to approval by the county and will be reasonable business practice and in compliance with all applicable fair debt collection laws.

(7) If approved in the rate schedule in Exhibit “A” attached to the ordinance codified in this chapter, franchisee may charge a reasonable starting charge to any customer who has been previously terminated for failure to pay for service.

(8) Rates established for an individual franchisee shall be uniform or uniform within zones or classes of service.

(9) Nothing in the above section shall prohibit franchisee from allowing qualified senior citizen rates to persons over the age of 65. Such disability rates shall be proposed by franchisee and approved by county as part of the franchisee rate schedule set forth in Exhibit “A” attached to the ordinance codified in this chapter.

(10) Franchisee may require the owner of rental or leased premises to accept responsibility, upon notification of delinquency, for payment of service to such facilities, as a condition for providing such service. Franchisee shall require the owner of rental or leased premises to sign a contractual guarantee to pay for such services upon tenant’s default. (Ord. 316 §§ 2, 3, 2020; Ord. 161 § 12, 2005)

8.28.130 Public responsibility.

In addition to and not in lieu of compliance with ORS Chapters 459 and 459A and other applicable laws and regulation:

(1) No person shall place hazardous waste for collection or disposal by franchisee without notice. This shall not apply to minor quantities of wastes generated at or by a single-family residential unit.

(2) No unauthorized person shall place material in or remove material from a solid waste collection container without permission of the owner of the container. For the purpose of this section, the franchisee is the “owner” of containers supplied by franchisee.

(3) No unauthorized person shall remove solid waste placed out for collection and resource recovery by the franchisee or a person exempted by CCC 8.28.040 and operating solely within the exemption.

(4) Unless permitted by the franchisee, no person shall install or use any container of one cubic yard or greater in capacity for pickup by franchisee other than those supplied by franchisee. The purpose of this subsection is to ensure safe equipment, sizes and weights and facilitate franchisee utilizing the most efficient collection equipment and methods. Rates for use of franchisee’s containers and drop boxes shall be included in the adopted rate schedule set forth in Exhibit “A” attached to the ordinance codified in this chapter.

(5) The franchisee is not required to serve an underground container unless the person responsible for it places the can above ground prior to time of collection.

(6) The franchisee is not required to handle containers designed for mechanical pickup exceeding safe loading weights or volumes as established by the franchisee to protect service workers, the customer, the public and the collection equipment.

(7) The franchisee is not required to handle containers designed for manual pickup exceeding 32 gallons in size or 60 pounds in loaded weight. Such containers shall be of rigid, fireproof, and rodentproof construction and not subject to cracking or splitting. Such containers shall have proper handholds and bales.

(8) Unless special service or service equipment is provided by the collector for handling unconfined waste, materials such as brush, leaves, tree cuttings and other solid waste for manual pickup and collection shall be in securely tied bundles or in any box, sack or other receptacle. Solid waste so bundled, tied or contained shall not exceed 60 pounds in weight.

(9) Where a customer requires an unusual volume of service or a special type of service requiring substantial investment in equipment, the franchisee may require a contract with the customer as necessary to finance and assure amortization of such equipment. The purpose of this provision is to assure that such equipment not become a charge against other ratepayers who are not benefited. Any such contract shall be approved in advance by the county.

(10) Franchisee may charge extra for return service to a container or drop box or roll-off box that is blocked by automobiles or other obstacles.

(11) Every person who generates or produces wastes shall remove or have removed all putrescible wastes at least every seven days. All wastes shall be removed at sufficient frequency as to prevent health hazard, nuisances or pollution.

(12) No container for residential service shall be located behind any locked or latched door or gate, or inside any building or structure unless customer and franchisee agree upon terms and compensation.

(13) The producer or generator of waste shall clean cans and containers free of accumulated wastes. Approved disposal methods shall be as follows:

(a) No person shall burn, dump, or in any other manner dispose of solid waste upon any street, alley, or public place within the county except as provided in this chapter.

(b) All disposal shall be in accordance with the county of Crook’s ordinances, rules and regulations.

(14) The county reserves the right to require the separation of component parts of materials in or from solid wastes and require the deposit thereof in separate cans, containers, receptacles or places and prescribe the method of disposal or resource recovery thereof. (Ord. 161 § 13, 2005)

8.28.140 Severability.

Any findings by any court of competent jurisdiction that any portion of this chapter is unconstitutional or invalid shall not invalidate any other provision of this chapter. If for any reason the franchise’s fee is invalidated or amended by the act of any court or governmental agency, then the highest reasonable franchise fee allowed by law shall be the franchise fee allowed by this franchise. (Ord. 161 § 14, 2005)

8.28.150 General offenses and penalties.

(1) A person may not:

(a) Without the permission of the owner or generator of recyclable material, take recyclable materials set out to be collected by a person authorized by the county to provide collection service for that recyclable material, except in accordance with this chapter.

(b) Remove any recyclable material from a container, box, collection vehicle, depot or other receptacle for the accumulation or storage of recyclable material without permission of the owner of the receptacle.

(2) Violation by any person of any provision of this chapter, upon conviction, may be punished by a fine of not more than $500.00. Each day of violation is a separate offense. (Ord. 161 § 15, 2005)

8.28.160 Complaints.

If either the county or franchisee receives a complaint regarding the service provided pursuant to this franchise, such complaint will be handled by filling out a form of the county’s design and adopted by order of the county court. Such forms will be filled out in duplicate. The cost of reproducing such forms shall be the responsibility of the franchisee. If franchisee receives the complaint, he is responsible for filling out the information required on such form and sending a copy to the county within 30 days of the resolution of such problem. If the county should receive a complaint, it will forward to the franchisee one copy of the form. Franchisee will be responsible for returning one copy of the form within five days of the receipt of it, indicating the action taken. Failure on the part of the franchisee to act on a complaint within the time specified or to take reasonable steps to correct a valid complaint shall be grounds for termination of the franchise as provided for under CCC 8.28.100. (Ord. 161 § 16, 2005)

8.28.170 Annual update.

Franchisee shall submit an annual written operations update to the county court on or before 30 days following the anniversary of the effective date of the ordinance codified in this chapter regarding the franchise operation and any issues or concerns which may require the attention of the court. Failure to file such update shall be grounds for termination as provided for under CCC 8.28.100. (Ord. 161 § 17, 2005)

8.28.180 Franchisee records and reports.

Franchisee shall keep accurate books of account throughout the term of this franchise. Franchisee shall produce its books of account for inspection by county at any time during normal business hours, after reasonable notice by the county. (Ord. 161 § 19, 2005)

8.28.190 Enforcement of franchise.

County and franchisee shall have all remedies provided by law, including termination of this franchise, to enforce the terms and conditions of this franchise. Failure to enforce any provision of this chapter shall not be construed as a waiver of a breach of any other term, condition or obligation of this chapter. (Ord. 161 § 20, 2005)

8.28.200 Franchise a contract.

County and franchisee intend that this franchise shall constitute a contractual obligation between county and franchisee with respect to franchisee’s service and facilities. (Ord. 161 § 21, 2005)

8.28.210 Successor interest.

This franchise shall be binding upon and enure to the benefit of the parties, their successors and assigns, but no interest of franchisee in this chapter, or the property described in this agreement, shall be assigned, subcontracted or otherwise transferred, voluntarily or involuntarily, without the prior written consent of Crook County. Consent by Crook County to one transfer shall not constitute consent to other transfers or waivers of this section. (Ord. 161 § 22, 2005)

Code reviser’s note: Exhibit “A” may be found on file in the county clerk’s office.