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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