1. Ordinance 1701 - Ameding Solid Waste Regulations - Second ReadingTOO Mayor Tarr mi Fisher
and Kalispell City Council
FROM* Charles Harball, City Attorney
SUBJECT. Ordinance No. 1701 -- an Ordinance Amending the City of Kalispell
Code That Regulates the Collection of Garbage — Second Reading
MEETING ATE: September 6, 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 "waits' 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: The City Council passed Ordinance No. 1701 on first reading. The City
Council should give consideration to and pass Ordinance No. 1701 on second 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,
Charles Har 11, City Attorney
r14
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 lair; and
WHEREAS, it is in the best interests of the City and its residents to amend the Municipal Code
to be consistent with state lair as reflected in Exhibit "A" attached hereto.
THEREFORE, ORDAINED .
KALISPELL AS
SECTION I. The City of Kalispell Municipal Code codified at Chapter I 1 of the
Code is hereby amended as set forth in Exhibit "A", attached
hereto and incorporated fully herein by this reference.
SECTION 11. The City Attorney is hereby authorized and directed to recodify
this Ordinance.
SECTION III. This Ordinance shall tale effect thirty (30) days after its final
passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALIS PELL THIS dTH DAY OF S EPTEMB ER, 2011.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clem
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. ,TrI
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.
B. 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, prodded such collectors comply with the provisions of this chapter
and with any other governing law or ordinance.
.
.
s
Amendments to Solid Waste Collection Regulation Memorandum
August 31, 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 MONTANk
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. �} A
municipality that annexes or incorporates additional area Rd
I 11ti ZlAw4l sal "Y-
within the service area of a motor carrier authorized by the public service commission to GE)ndWGt-&UG4 provide that
service may not provide exclusive. 1%1%ave eF &4T41a-r garbage and solid waste disposal service or impose
charges or assessments for services not provided to any person or business located in the annexed or incorporated
area 5,
Office of City Attorney
City of Kalispell
Amendments to Solid Waste Collection Regulation Memorandum
August 31, 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, elect to provide exclusive
garbage and solid waste service UR!e66 until the municipality pays first full cam ensates the private motor carrier
for the resultine darnaoe to its business. ' _ ...
Section 3. Effective date. [This act] is effective on passage and approval
Office of City A.ttomey
City of Kalispell