HomeMy WebLinkAboutOrdinance 99- 1493, Amends § 8.16.050, solid waste
ORDINANCE NO. 1493
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING
THAT THE BOZEMAN MUNICIPAL
CODE BE
AMENDED BY REVISING SECTION 8.16.050 OF SAID CODE, AS AMENDED
BY ORDINANCE NO. 1478, WHICH ORDINANCE IS NOT CURRENTLY
CODIFIED, AMENDING THE MANNER IN WHICH FEES FOR SOLID WASTE
COLLECTION ARE ASSESSED.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
That Section 8.16.050 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"8.16.050 Costs of collection and disposal - Collection and payment ~ Solid Waste fund.
A. The cost and expense of collecting and disposing of solid waste under the
provisions of this chapter and of rules and regulations adopted and approved pursuant
thereto, including the cost of procuring, collecting and hauling equipment, and the
maintenance, repair and replacement thereof as required; of salaries, wages, and
benefits, all general operations costs, such as office equipment and supplies and all
incidental costs and expenses, shall be specially assessed against the real property
serviced and from which solid waste is collected and removed, except as other,wise
herein provided. The basis of assessment for collection and disposal
of solid waste "-
shall be set as follows:
1 . A base rate, tag system and its accompanying
fee, and any
special fees shall be set through adoption of an aooesomcnt resolution
by the City Commission on an annual basis for all properties which
utilize the City's non.automated solid waste collection system.
2. A base rate, based on the size of tote and
frequency of pick-
up, and any special fees shall be set through adoption
of aft
asoessment resolution by the City Commission on an annual basis for
all properties which utilize the City's automated solid waste collection
system.
a. Should City solid waste collcction servioe
bc provided for 0
portion of a fisoal yo::u, the base rate asseosed in subsections 1 and 2,
above, shall be prerated on a monthly basis oAd asscsscd on the
annual basis herein provided.
4. Said assessment shall be madc and levied
and collected
annually in thc same manner, so far as practicable, as arc othcr special
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property against which they are severally assessed and levied until paid
and discharged, and shall be subject to the same penalties for
delinquency in payment when due and payable as are other special
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assessments and levies made by the City and as authorized by the
laws of the State.
5. Users of the City's non~automated solid
waste collection
system shall be required to purchase special City of Bozeman solid
waste collection tags, at a fee to be established in the annual
assessmcnt ~~: resolution, which must be attached to any can, bag or
other disposable container, none of the contents of which exceed thirty
pounds, in which solid waste has been placed for collection.
B. That, in lieu of the tag system, an optional imposed flat rate dumpster fee
osoessment will be provided for those property owners who apply for that assessment
or upon whom the flat fee is imposed by the City Commission for non-compliance with
the tag system. Said optional asscssment ~II shall be applied only to dumpster
accounts within the City which are serviced by the City of Bozeman and not serviced
by any other private contractor licensed for solid waste collection.
The flat rate
dumpster fee assessment will be established in the annual asscssment bi! resolution.
C. That, in lieu of the tag system, a flat rate fee assessment for those property
owners that utilize solid waste cans and upon whom that flat fee is imposed by the City
Commission for non-compliance with the tag system shall be set forth in the resolution
setting forth rates for solid waste collection activities.
D. All properties within the city limits not exempted under the provisions of Section
8.16.020.A.1 through 5 shall be subject to the base rate asscssment as set forth tfl-tAe
annual asscssment ~~ resolution.
E. All monies collected, received or paid under the provisions of this chapter, shall
be kept in a separate fund to be known as the "Solid Waste Fund", and shall be paid
out only on warrants drawn on such fund and signed as are other warrants of the City
for the disbursement of its funds, and upon claims duly executed, presented, audited
and allowed, all as required by law."
Section 2
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 3
Severability.
If any provisions of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this
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ordinance which may be given effect without the invalid provision or application and, to this end,
the provisions of this ordinance are declared to be severable.
Section 4
Savings Provision.
This ordinance does not affect the rights or duties that matured, penalties and
assessments that were incurred or proceedings that begun before the effective date of this
ordinance.
Section 5
Effective Date.
This ordinance shall be in full force and effect on July 1, 1999.
PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 3rd day of May 1999.
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ALFRE . STIFF, Mayor
ATTEST:
QtX~
ROBIN L. SULLIVAN
Clerk of the Commission
FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 17th
day of May 1999.
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ALF . STIFF, Mayor
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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Section 5
,
Savings Provision.
This ordinance does not affect the rights or duties that matured. penalties and assessments
that were incurred or proceedings that begun before the effective date of this ordinance.
Section 6
Effective Date.
This ordinance shall be in full force and effect on February 15, 1998.
PASSED by the City Commission of the City of Bozeman, Montana. on first reading at a
regular session thereof held on the 22nd day of December 1997.
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DON E. STUECK, Mayor
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, on second reading at a regular session thereof held on the
day of
1998.
ALFRED M. STIFF, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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