7. Ordinance 1464 - Solid Waste City Code Amendment - 2nd ReadingCharles A. Harball
City Attorney
TO:
FROM:
SUBJECT:
MEETING DATE:
City of Kalispell
Office of City Attorney
312 First Avenue East
P.O. Box 1997
Kalispell, NIT 59903-1997
Charles Harball, City Attorney
Chris Kukulski, City Manager
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 1
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 th
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 win no longer be charged
for City solid waste services if, in fact, the lot is served by a private carrier. I
1 -31 E 0-1 IV no I I
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.
CQn,--r,A
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. Citesperform 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.
APPROVEDPASSED AND • •'
THIS 16th DAY OF ii
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk