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

B. The City shall establish a rate schedule for all service levels for solid waste, recyclable materials and yard debris collection service to be provided by licensees under this ordinance.

C. Rates shall be adopted by the Council by resolution.

D. Rates shall be established to the greatest extent practicable on a cost of service basis.

E. Rates shall be adequate to cover Allowable Expenses and to provide the return on revenue as defined in this ordinance, to allow investment in equipment and to ensure quality collection service. Unallowable expenses shall not be considered when establishing rates.

F. The rates that may be charged by a licensee for collection service shall conform to the latest schedule on file with the City Manager. Any rate not set by current resolution and charged in the City of Gresham must be approved by the City Council prior to implementation.

G. Rates shall be reviewed by the City on an annual basis. Licensees shall furnish financial and other information the council considers necessary to determine the schedule of charges. Licensees may identify information submitted to the City as confidential. Prior to submitting such information to the City, licensees shall prominently mark any such information with the word "confidential." The City shall treat any information so marked as confidential and shall not subject confidential information to public disclosure except as required by the State of Oregon Public Records Law. If the City receives a request to inspect the records under the Public Records Law, licensees will be notified.

H. All books, records, accounts and data relating to collection service operations conducted within the City by licensees are subject to inspection and audit by the City.

I. Upon audit by the City, if it is found deliberate or malicious material misrepresentation of books, records, accounts or data relating to collection service operations has occurred, the licensee shall pay audit costs incurred by the City.

J. To assist the Council in its determination of appropriate rates to be charged by licensee for services rendered pursuant to this chapter, the City may require licensees to furnish a schedule of proposed charges and rates with accompanying justification therefore, and may require that said licensees furnish such financial or other information as the City may deem necessary to determine such schedule of charges. The City shall also conduct such review and investigation as it may deem advisable and pertinent hereto, including contract with another party or government jurisdiction for technical review and assistance.

K. Prior to establishing a new rate schedule or making modifications thereto, the Council shall provide for public hearing to permit said interested persons and concerned licensees the opportunity to be heard thereupon. Notice of said hearing shall be given by publication in a newspaper of general circulation within the City not less than seven nor more than fifteen (15) days prior to the date of said hearing, and by public notice posted in at least three conspicuous places within the City at least ten days prior to the public hearing.

L. The City may by, appropriate resolution establish special rates for collection of brush and garden or other waste categories not otherwise covered by this chapter. (Ord. 2-2003 § 1, 2003; Ord. 4-1993 § 20, 1993.)