Article 2. Solid Waste Utility

15.2.1.     Definitions.

In addition to the words, terms and phrases elsewhere defined in this article, the following words, terms and phrases as used in this Chapter shall have the following meanings:

Contract recycling program hauler means any individual, firm, partnership, corporation, or company under contract with the City of Bel Aire, Kansas to provide curbside recycling.

Curbside recycling means the weekly collection, by the contract recycling program hauler, of recyclable materials, contained in bags and containers provided by the contract recycling program hauler, at the public street curb of each residential dwelling unit.

Recyclable materials means newspaper, glossy paper including magazines and catalogs, white and pastel colored office paper, metals and plastics, glass, cardboard and brown paper sacks, motor oil, automotive batteries, household batteries, and clothing.

Residential dwelling unit means a singular unit providing independent living facilities for one or more persons in a single-family, duplex, multifamily or condominium residential property, located within the corporate limits of the City of Bel Aire, Kansas, which receives a monthly water and sewer utility bill from the City of Bel Aire, Kansas.

Solid waste utility means the utility created by this article to administer the curbside recycling system set forth in this Chapter.

(Ord. 358; Ord. 741)

15.2.2.     Creation of solid waste utility.

The City of Bel Aire, Kansas does hereby establish a solid waste utility and curbside recycling system and declares its intention to be responsible for the operation and administration of said solid waste utility and curbside recycling system.

(Ord. 358; Ord. 741)

15.2.3.     Findings and determination.

It is found determined, and declared that the elements of said curbside recycling system which provides for the collection and recycling of recyclable materials are of benefit and are designed to provide services to all residential dwelling units within the corporate limits of the City of Bel Aire, Kansas. It is further found, determined, and declared that the collection and recycling of recyclable materials, as part of said curbside recycling system, should be provided by a contract recycling program hauler pursuant to a written contract with the City of Bel Aire, Kansas.

(Ord. 358; Ord. 741)

15.2.4.     Administration.

The solid waste utility, under the direction of the city administrator or his/her designee, shall have the power to:

Administer and oversee the operation of the curbside recycling system;

Negotiate consecutive contracts with a contract recycling program hauler to operate the curbside recycling system pursuant to this article;

Administer and enforce this article and all contracts, regulations and procedures adopted relating to the operation of the curbside recycling system;

Advise the City Council on matters relating to the curbside recycling system;

Make recommendations to the City Council concerning establishing ordinances and regulations concerning recycling and solid waste management;

Collect the solid waste fees established pursuant to this article and make payments to the contract recycling program hauler pursuant to any contract entered into pursuant to this article; and

Analyze the cost of services and benefits provided by the curbside recycling system and the fees and other revenues of the solid waste utility annually.

(Ord. 358; Ord. 741)

15.2.5.     Solid waste fee established.

Commencing on March 1, 2002, there is imposed on each and every residential dwelling unit located within the corporate limits of the City of Bel Aire, Kansas a solid waste fee of $4.00 per month. Such solid waste fee may be amended from time to time by a resolution of the City Council of the City of Bel Aire, Kansas.

(Ord. 358; Ord. 741)

15.2.6.    Solid waste fee collection.

The solid waste fee shall be billed and collected monthly with the monthly water and sewer utility bill. The solid waste fee shall be part of a consolidated statement for utility customers which shall be paid by a single payment. In the event that a partial payment is received, the payment shall be applied to the water and sewer portion of the account first and then to the solid waste fee portion of the account. Unless otherwise provided for herein, all bills for solid waste fees shall become due and payable in accordance with rules and regulations that pertain to water and sewer utility charges. Solid waste fee bills for any given property shall initially be the responsibility of the person who is paying for water and/or sewer service for the property. If no person is in possession of the property, then the solid waste fees shall be the responsibility of the property owner. The property owner is responsible for the solid waste fees not paid by the occupant.

Solid waste fees shall be subject to a penalty for late payment which is the same as that imposed for late payment of water and sewer utility charges. In addition to any other remedies or penalties provided by this or any other ordinance of the city, failure to pay such charges promptly when due shall subject such user to discontinuance of water services and the city administrator, or the city administrator's designee, is empowered and directed to enforce this provision as to any and all delinquent users in accordance with provisions for failure to pay water and sewer utility charges. Users shall be entitled to notice and shall have the right to a hearing in accordance with provisions for failure to pay water and sewer utility charges, before such users' water service is discontinued for failure to pay solid waste fees.

Solid waste fees authorized to be charged in this article when delinquent may be certified by the City Clerk of Bel Aire, Kansas to the County Clerk of Sedgwick County to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as other taxes, and such charges shall, thereafter, constitute a lien upon the real estate against which such charges were made, regardless of whether the solid waste fees were incurred when a property owner was in possession of the property or a nonowner was in possession of the property.

(Ord. 358; Ord. 741)

15.2.7.     Curbside recycling system, administration fee.

All residential dwelling units will be billed one dollar ($1.00) per month for the administration services provided by the City associated with the Curbside Recycling System. This administration fee is in addition to the curbside recycling collection fee and amended by the terms and provisions of the effective service agreement between the City and the contract recycling program hauler. This administration fee will be set and amended from time to time by Resolution of the Governing Body.

(Ord. 358; Ord. 741)

15.2.8.    Residential solid waste collection, administration fee.

All residential dwelling units receiving solid waste collection services from the contract recycling program hauler will be billed three dollars and twenty-five cents ($3.25) per month for the administration services provided by the City associated with solid waste collection. This administration fee is in addition to the solid waste fee / collection fee and amended by the terms and provisions of the effective service agreement between the City and the contract recycling program hauler. This administration fee will be set and amended from time to time by Resolution of the Governing Body.

(Ord. 741)

15.2.9.    Solid waste utility enterprise fund.

Solid waste fees collected by the city shall be paid into an enterprise fund which is created, to be known as the "solid waste utility fund." Such fund shall be used for the purpose of paying the contractual debts incurred by the City of Bel Aire, Kansas pursuant to the provisions of this article and all other operating expenses of the utility.

(Ord. 741)

15.2.10.    Severability.

In the event that any portion or section of this article is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this article which shall remain in full force and effect.

(Ord. 741)

 

 

 

(Ord. 358)