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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