04-27-2016 ADDITIONS Packet - Laserfiche WebLink

Home Browse Search

Note, the City contracts with a “specific hauler(s) for collection…”. The next reference for interpretation is the City ordinance 809. Ordinance 809.02(k) states: “Organized Collection. A system for collecting mixed municipal solid waste in which a specified collector(s) is authorized to collect from a defined geographic service area or areas, some or all of the mixed municipal solid waste, recycling, and yard waste that is released by generators for collection.” Note, that it refers to a single collector or multiple collectors. This type of language supports that the Council has authority to contract with one or more collectors. Ordinance 809.140: “809.140. ORGANIZED MIXED MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION – LOW DENSITY DWELLING UNITS. No owner or resident of a residential property having two dwelling units or less shall permit mixed municipal solid waste or recyclable materials to be picked up except by a licensed hauler(s) who has a valid contract with the City. (A) Charge for Service. There is hereby imposed … billed in accordance with schedules established by the contracted hauler(s) and the City, and as approved by resolution of the City Council.” Again, by the plain meaning and interpretation of the ordinance, it is reasonable to interpret that the plain meaning of the ordinance is to allow the City to have one hauler or multiple haulers, which is determined at the discretion of the Council. The intent of the ordinance in its plain meaning is to allow the Council to determine the number of haulers and specific zones within the City. With respect to multi-family units, Mr. Hanson has a viable solution. CONCLUSION: Based on legislative intent and language of the ordinance, the Council may reduce the number of haulers. Respectfully yours, KELLY & LEMMONS, P.A. /s/ Patrick J. Kelly Patrick J. Kelly PJK/tab 3