07/26/1976 Meeting - Laserfiche WebLink

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-.--"- - - -------.--.- .. ~_. - Chapter x Te: Pub 1i c Uti l.i ties was rev_i ewed. With regard to Section 43, Franchises, Ass.istant Manager explained that the old Section 157 prohibits the city from granting an exclusive . franchise for garbage collection. The deletion of that sec- tion would not alter the current practice or conditions of ~ garbage collection within the city. Under a general grant of.powers, however, the City Council could, if the need arose, exert more regulatory control even to the point of granting exclusive franchises. Staff feels there should be some fll::xibility so that in future years the Council could address recycl.ing problems and other soLid waste management issues. Councilman Murray expressed reservations with the provision, fearing the granting of monopolies by a pub.Iic body. Assistant Manager felt, however, there are a myriad of options that could be exercised short of allowing a monopoly to be created. Mr, Etter noted that Oregon constitutional law allows the granting of an exclusive franchise as long as local provisions are met. Mr. Bradley expressed the opinion that Council should have'the authority to look at various approaches should the need arise, and Mrs. Beal agreed. Mr. Bradley thought prehaps this and any other volatile issues could be discussed at the end of the Charter review process. Mr. Keller envisioned possible severe problems with exclusive franchises, i. e. , lower service level, driver walkout, etc. Mr. Murray moved second by Mr. Hamel to ask staff to e redraft Section 43 el.iminating the power to grant -' exclusive franchises to garbage haulers. Mr. Bradley moved second by Mrs. Beal to table the issue unti 1 the July 28 committee meeting, pending a check w.i th other jurisdictions to see what they do. Motion defeated - Counci.I members Haws, Beal, and Bradley voting aye; Council members Keller, Murray, Hamel, and Shirey voting no. Vote was taken on the main motion to redraft Section 43 as stated. Motion carried - Council members Keller, Bradley, Hamel, and Shirey voting aye; Council members Haws, Beal, and Bradley voting no. Discussion turned to Section 44, 45 and 46 re: Eugene Water & Electric Board. It was noted that these sections would be subject to d _iscussion in the EWEB subcommi ttee meet.ing wi th the EWEB Board, and that memos had been sent to the Council outlining issues to be discussed. Chapter XI re: Indebtedness was reviewed with no questions raised. Chapter XII re: Miscellaneous provisions was reviewed. Secti;;;;- . 48 of that chapter (Penalties-Limitations) states that " .. .no -' fine or imprisonment for violaU.ng a city ordinance may exceed $1000 or 100 days..." Mrs. Beal expressed concern 7/26/76 - 6 .3108