09. Ordinance 1464 - Solid Waste City Code Amendment - 1st ReadingCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Pamela E. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Claris Kuka lski, City Manager
SUBJECT:
MEETINGDATE: Monday,2003
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
BACKGROUND: The recent discussions and agreement reached between the City and
Evergreen Disposal pointed out the need for the City to correct a couple of points in its
Code regarding its solid waste regulations. First the existing language within the Code at 11-
3 was inconsistent with state law in that the ordinance that was adopted in 1987 was not
corrected when the state law changed a little later that same year. The recommended
amendment is identical to the language used in the current state law at MCA 7-2.4736.
The second change amends the existing Code at 11-8(b) which develops a fee structure that
charges residential lots for City solid waste services regardless of whether or not the lot is
served by a private carrier. It was a critical point in the City's negotiation with Evergreen
Disposal that this structure be changed such that residential lots will no longer be charged
for City solid waste services if, in fact, the lot is served by a private carrier.
waste services.
FISCAL EFFECTS: There will be a loss of revenue for solid waste services as certain
annexed areas transition to the use of Evergreen Disposal service. There will be no fiscal
effect in regard to the change in the fee structure as there are currently no residential lots
that are served by a private carrier which are also being assessed by the City for this service.
Respectfully submitted,
Chris Kukulski, City Manager
ORDINANCE NO. 1464
AN ORDINANCE AMENDING CHAPTER 11, KALISPELL CITY CODE, TO BE CONSISTENT
WITH MONTANA STATE LAW AND TO AVOID THE DOUBLE -BILLING OF KALISPELL
RESIDENTS RECEIVING PRIVATE SOLID WASTE SERVICES AND DECLARING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS
FOLLOWS:
SECTION I. That those portions of Chapter 11 of the Kalispell City Code, as set forth below,
are amended to read as follows:
Sec. 11-3. City to perform all collections; exceptions.
(c) Exception for Annexed Areas: When an area served by a private collection service is
statutorily annexed to the City, the City shall not provide competitive or similar garbage and solid
waste disposal service to any person or business located in the area for 5 years following
annexation except:
(i) upon a proper showing to the public service commission that the existing carrier is
unable or refuses to provide adequate service to the annexed or incorporated area; or
(ii) after the expiration of 5 years, if a majority of the residents of the annexed or
incorporated area sign a petition requesting the municipality to provide the service.
Sec. 11-8. Fees.
(b) All residential lots, unless served by a private collector, shall be assessed a standard
charge under such schedule as the Council may direct.
SECTION II. All parts and portions of Chapter 11, Kalispell City code not amended hereby,
shall remain in full effect and force.
SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of its
final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 2na
DAY OF JUNE, 2003.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk