14. Ordinance 1701 - Amending KMC 11-3 - Solid Waste - First ReadingCharles A. Harball mice of City Attorney Tel 406.758.7709
City Attorney 201 First Avenue East Fax 406,758.7771.
B4O, Box 1997.charball@kalispell.com
Kalispell, MT 59903-1997
T: Mayor Tammi Fisher
and Kalispell City Council
FROM: Charles :Harball, City Attorney
Jane Howington, City Manager
SUBJECT: Ordinance No.1701 an Ordinance Amending the City of Kalispell
Code That Regulates the Collection of Garbage -- First Reading
MEETING ATE: August 15, 2011— Regular Council Meeting
BACKGROUND: Ordinance No.1701 amends the existing municipal code at Chapter 11 Section 3
that provides the general regulation for the collection of solid waste. The 2011 Legislature amended
state law with Senate Bill 234 regarding the collection of solid waste by a municipality in such a way
that the current above cited Kalispell Municipal Code is now inconsistent with state law. Senate Bill
234 is attached hereto. Essentially, the five year "wait" rule for providing municipal solid waste
services to new annexations no longer applies. however, if the City, by ordinance, restricts private
carriers from providing solid waste services within the City, or otherwise maintains an exclusive
franchise for the collection of solid waste, it must reimburse the private carrier for its unamortized
capital outlay lost by such restriction,
RECOMMENDATION: That City Council give consideration to and pass Ordinance No,1701 on
first reading.
FISCAL IMPACTS: It is difficult to anticipate the full fiscal impact of the new state law. Although
"free enterprise" is now at work in the solid waste business in the City of Kalispell, the Public Works
Department will still continue to work cooperatively with Evergreen Disposal Services to ensure that
the residents of Kalispell receive the best solid waste service possible.
Respectfully submitted,
0
Charles Harball, ity Attorney .Jane Howington, City Manager
WHEREAS, the Kalispell Municipal Ordinance 11-3 specifically addresses the issue of the
collection of solid waste in the City of Kalispell; and
WHEREAS, the 2011 Legislature amended state law with Senate ' Bill 234 regarding the
collection of solid waste by a municipality in such a way that the current above
cited Kalispell Municipal Code is now inconsistent with state law; and
WHEREAS, it is in the best interests of the City and its residents to amend the Municipal Code
to be consistent with state law as reflected in Exhibit "A" attached hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS;
SECTION 1. The City of Kalispell Municipal Code codified at Chapter I of the
Code is hereby amended as set forth in Exhibit "A", attached
hereto and incorporated fully herein by this reference.
SECTION H. The City Attorney is hereby authorized and directed to recodify
this Ordinance.
SECTION Ill. This Ordinance shall take effect thirty (30) days after its final
passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS DAY OF AUGUST, 2011.
Tammi. Fisher
Mayor
ATTEST.
Theresa White
City Clerk
11.3 City to Perform All Collections; Exceptions.
All garbage accumulated in the City shall be collected by the City except as otherwise herein
provided. ,
A. Exception for Actual Producers: This section shall not prohibit the actual producer
of garbage, or the owners of premises upon which garbage has accumulated, from
personally collecting, conveying and disposing of such garbage in a duly designated
disposal site; provided, that such producers or owners comply with the applicable
provisions of this chapter and with any governing law or ordinance.
P. Exception for Outside Collectors: This section shall not prohibit collectors of garbage
from outside of the City from hauling such garbage over City streets in route to a duly
designated disposal site, provided such collectors comply with the provisions of this chapter
and with any other governing law or ordinance.
n"noutipn
,
Amendments to Solid Waste Collection Regulation Memorandum
August 9, 2011
Page - 2
SENATE BILL NO. 234
INTRODUCED BY J, SONJU, VANCE, HALE, STEINBEISSER, GALLUS, KEANE
AN ACT REVISING THE CONDITIONS UNDER WHICH A MUNICIPALITY MAY PROVIDE GARBAGE AND SOLID
WASTE SERVICES; AMENDING SECTIONS 7-2-4736 AND 7-13-4107, MCA; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1, Section 7-2-4736, MCA, is amended to read:
7-2-4736. Preservation of existing garbage or solid waste service in the event of annexation. O} A
mAnillinn rNnrkomn nn� CrdW MnOfn Annno-il ki,
municipality that annexes or incorporates additional area �wvA�jv ullu- . - \AjvjJvVUT-VvrV1v' Vj
within the service area of a motor carrier authorized by the public service commission to Gondw suG4 ravide that
t
service may not provide exclusive GwpepUitivvp or similar garbage and solid waste disposal service
changes or assessments for services not provided to any person or business located in the annexed or incorporated
area fo� 5 vears f
ppri nil $np pprppr nrinr tn nnnn ofinn nrf^\ t^%^rn% . ritprent1i orin 1 'Atp Appj'n
VW� �j ktW V%A1 I 1\.14 JJI IVI %A, V Vvi IvivrWo VV UUV%I%A%Atv VVI wive&; except upon a propershowinq to the
public service commission that the existing carrier is unable to or refuses to provide adeQuate service to the
annexed or incorporated area."
Office of City Attorney
City of Kalispell
Amendments to Solid Waste Collection Regulation Memorandum
August 9, 2011
Page- 3
Section 2. Section 7-13-4107, MCA, is amended to read:
"7-13-4107. Protection of private waste disposal service in municipality. A municipality, as of January 1,
1979, that receives garbage and solid waste disposal services from a private motor carrier authorized by the public
service commission to provide that service may not, by ordinance or otherwise, eleet to elect to provide exclusive
garbage and solid waste service u*% until the municipality W first fully compensates the private motor carrier
for the resulting damaae to its business.'n ^rm;nrnnnf me iink
U %JUUILJIII%JIIL %JI U111%iss the muni4ab
Section 3. Effective date. [This act] is effective on passage and approval.
Office of City Attorney
City of Kalispell