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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