AN ORDINANCE OF THE CITY OF YAMHILL, AMENDING THE SOLID WASTE MANAGEMENT ORDINANCE NUMBER 349, SECTION 7, (3) REGARDING RATES.

WHEREAS, the Yamhill City Council reviewed the request by City Sanitary & Recycling regarding the issue of what index should be used to make future rate adjustments; and

WHEREAS, the CPI-W (Consumer Price Index - Portland) is only issued June and December of each year, and is based on the cost of living for clerical and wage earners; and

WHEREAS, the CPI-U West C (Consumer Price Index - Urban West Cities) is issued approximately the middle of each month, and is based on the cost of living for all urban workers including professional, clerical, and wage earners, which is a more accurate measuring of the consumer price index; and

WHEREAS, last year City Sanitary & Recycling submitted their rate adjustment based on the CPI-U West C, as approved by the City Council; and

WHEREAS, the City Council has determined that utilization of the CPI-U West C would serve as a better measure in determining rate adjustments; and

WHEREAS, the change of Consumer Price Indexes to be used requires an amendment to the existing Ordinance;

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

Section 1. Ordinance No. 349, Section 7 Rates, sub-section (3) shall be amended to read as follows:

Section 7. Rates

(3) Except as provided in subsection (4) of this section, a rate adjustment shall be made annually pursuant to the following procedures:

(a) The franchisee shall submit to the City a request for a change in the established rates based on the August CPI-U West C. This request for adjustment may not exceed four percent in one year. This document shall be submitted to the City by November 1st of each year.

(b) Within thirty days following the written request for a rate change, the City shall:

i. Make specific findings on the validity and justification for a rate change.

ii. Forward a copy of findings, the franchisee's request and a copy of the amended rates to the franchisee.

iii. These rates shall go into effect automatically January 1st of the next year.

(c) Should the August CPI-U West C, exceed four percent, the franchisee may request a supplemental rate adjustment by following the terms of subsection (4).

i. The franchisee may submit the supplemental rate adjustment on November 1st or may submit the request at a later date.

Section 2. All remaining sections of Ordinance Number 349 are hereby reaffirmed in their entirety.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 24th day of January , 1996.