ORDINANCE NO. 8644

AN ORDINANCE ADJUSTING SOLID WASTE SERVICE RATES AND AMENDING CHAPTER IX, ARTICLE 4, SECTIONS 412.1, 412.2, 412.3, 412.4, AND 413 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION, AND AMENDMENTS THERETO.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. Section 9-412.1 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby amended to read as follows:

9-412.1 For single-family dwellings, and for each family living unit in multiple-family dwellings not charged commercial container rates, $14.94 per month (the standard monthly solid waste service charge). In addition to the standard monthly solid waste service charge, single family dwellings, and each family living unit in multiple-family dwellings not charged commercial container rates, shall be assessed an additional fee for excessive amounts of refuse requiring one solid waste loader to expend more than five (5) minutes to load the refuse. The additional fee shall be established by the Director of Public Works.

Section 2. Section 9-412.2 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby amended to read as follows:

9-412.2 All other multiple-family dwellings, and all business, commercial, industrial, institutional or professional facilities or establishments are classified as commercial customers and shall be charged the commercial rate as follows:

(A) The minimum commercial rate shall be $21.71 per month, which allows the customer to have six (6) thirty-five (35) gallon approved containers or two (2) ninety (90) gallon poly-carts picked up once each week. The fee for any additional approved container will be $3.35 per container per pick-up.

(B) Commercial container rates include a rental and maintenance fee for the City-owned containers and a service charge for each pick-up or service call. This service charge is due for each service call even if the container cannot be emptied because the container is inaccessible or because the container has not been made ready for pick-up. Whenever the collection vehicle must wait for the customer to provide access or make the container ready for pick-up, a waiting-time charge of $21.40 for each fifteen (15) minutes or fraction thereof will be levied.

(C) In areas of the City where congestion and the lack of available space on-premises requires the use of commercial containers placed in or near alley rights-of-way or on public parking lots for the common use of business, professional, commercial, residential or other occupants of the block where the containers are located, charges shall be determined as follows:

(1) For buildings occupied by more than one business, apartment, institution, professional office, restaurant, club, or other enterprise, the rate shall be the sum of the rates for each individual occupant. The minimum rate for any occupant shall be the current minimum commercial rate except for apartment units which shall be charged at the residential rate per unit.

(2) The rate for individual occupants other than residential units will be established by square footage used or, as deemed appropriate by the Director of Public Works, in comparison with rates charged to users similar in nature and size in areas of the City where rates are more precisely determined by the level of service requested by the owners or operators concerned.

(3) Charges for refuse collection service may be billed to the owner of the building or to the individual tenants at the option of the owner. Building owners choosing to have collection fees billed to the tenants must provide complete billing information to the City and provide timely notification of any tenant changes as they occur.

(4) Charges which cannot be collected from the tenants either during their occupancy or after they vacate the premises will be billed to the building owner.

(5) Building owners who are able to provide proper facilities for placing commercial containers on or near their premises for use solely by their tenants shall be billed at the container rate as set forth below.

(6) Owners of shopping centers are responsible for the payment of refuse collection charges for all of the occupants of the shopping center unless they provide specifically designated sites for the placement of containers for each tenant and notify the City Solid Waste Division of the amount to be charged to each tenant if the sharing of containers is permitted or required by the shopping center owner.

Section 3. Section 9-412.3 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby amended to read as follows:

9-412.3 RATES.

(A) The rates for one-ten (1-10) cubic yard refuse container rates are as follows:

Container Size Rental/Maintenance Service Charge Per Pickup Special Pickup

(Cubic Yards) Charge Per Month Uncompacted Compacted Service Charge*

1.0 $ 19.19 $ 7.19 $ ---- $ 38.30

2.0 24.94 11.42 22.85 40.80

3.0 29.00 15.36 30.86 43.30

4.0 32.30 19.39 38.76 45.80

6.0 41.73 26.11 52.22 50.80

8.0 48.47 32.78 65.53 55.80

10.0 59.27 40.70 80.55 60.80

* The Special Pick Up Service is $38.30 base charge plus $2.50 per cubic yard.

(B) The rates for hook-lift refuse containers are as follows plus the landfill charge based on weight:

Container Size Rental/Maintenance Service Charge

(Cubic Yards) Charge Per Month Per Pickup

12.0 63.30 84.45

14.0 63.30 91.45

16.0 70.10 94.85

18.0 70.10 99.65

Container Size Rental/Maintenance Service Charge

(Cubic Yards) Charge Per Month Per Pickup

Uncompacted

20.0 76.40 135.75

21.0 76.40 139.00

30.0 89.80 168.25

35.0 89.80 184.80

40.0 89.80 200.75

OVER 40.0 89.80 200.75

plus $5.00 per cubic yard over 40

(D) The rates for roll-off refuse containers (compacted) are as follows plus the landfill charge based on weight:

Container Size Rental/Maintenance Service Charge

(Cubic Yards) Charge Per Month Per Pickup

16.0 NA $ 175.70

17.0 NA 178.70

18.0 NA 180.70

20.0 NA 186.70

21.0 NA 189.70

25.0 NA 201.70

27.0 NA 207.70

30.0 NA 216.70

35.0 $ 465.00 231.70

39.0 NA 246.70

40.0 NA 246.70

(E) The monthly rental and maintenance charge for city-owned roll-out carts provided for semi-automated collection shall be $2.00 per month for capacities over sixty-five (65) gallons and $1.50 per month for capacities sixty-five (65) gallons or less. The fee per pickup for roll-out carts used by multi-family and non-residential accounts shall be $3.35.

(F) The service charges per pickup listed in 9-412.3(D) shall be increased by $70.00 per pickup for any roll-off container which must be off-loaded from the collection vehicle and reversed before it can be emptied.

Section 4. Section 9-412.4 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby amended to read as follows:

9-412.4 ADDITIONAL COMMERCIAL CONTAINER FEES.

(A) The rental and maintenance fee charged for any City-owned container rented for less than a month shall be one quarter (1/4) of the monthly fee for each week or portion thereof.

(B) Customers shall be charged a fee for the delivery of City-owned containers based on container size. For one (1) to ten (10) cubic yard containers the fee will be $30.70. For containers larger than ten (10) cubic yards the fee will be $49.20.

(C) A cleaning fee shall be charged for commercial customers requesting special container cleaning services due to the nature of their refuse. For containers up to ten (10) cubic yards in capacity the cleaning fee shall be $38.30. For larger containers the fee will be $73.90.

(D) Customers using City-owned containers over ten (10) cubic yards in capacity will be charged for a minimum of one (1) collection per month.

(E) Customers requesting collection of roll-off containers on Saturdays, holidays, or at other times outside of regular City working hours will be billed an additional amount of $65.00 to cover any added overtime and equipment costs.

(F) The rental and maintenance fee does not cover for other than routine maintenance. Damages from fires in or around the container will result in additional charges to cover labor and material for restoration of the container.

(G) Wheeled commercial containers which must be moved by hand by the collection crew shall be limited to no more than two hundred fifty (250) pounds per cubic yard. Heavier loads will be billed at twice the normal fee.

Section 5. Section 9-413 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby amended to read as follows:

9-413CHARGES, LOW-INCOME ELDERLY PERSONS

The purpose of this Section is to permit qualified low-income elderly person to have reduced sanitation charges. A low-income elderly person is one who is sixty (60) years of age or more on or before the 1st day of January of the year in which the reduced service charge is applicable. To qualify for this low-income elderly person reduced sanitation service charge:

(A) The individual shall have an income during the preceding calendar year from all sources of less than $11,979 or

(B) Any person who is the head of a family with a family income during the preceding calendar year from all sources of less than $16,181;

Section 6. Chapter 9, Article 4, Sections 9-412.1, 9-412.2, 9-412.3, 9-412.4, and 9-413 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, are hereby repealed, it being the intent to supersede those provisions with the provisions of this ordinance.

Section 7. Severability. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 8. This ordinance shall take effect and be in force on November 15, 2011 and upon

its publication once in the official city newspaper as required by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _____ day of _______, 2011.

_________________________

Aron E. Cromwell, Mayor

ATTEST:

_________________________

Jonathan Douglass,

City Clerk

Approved as to form and legality:

_________________________

Toni R. Wheeler

Director of Legal Department