HomeMy WebLinkAbout638_Providing for Permitting Waste Haulers in City LimitsTulsa County Clerk - JOAN HASTINGS
00046855
Receipt # 439235 05/08 /00 110
Fee 14.00 W000435235012w.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 638
AN ORDINANCE RELATING TO PART 17, UTILITIES,
CHAPTER 2, GARBAGE AND REFUSE COLLECTION, OF
THE CODE OF ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, AMENDING SECTINO 17-202 BY
DELETION OF COMMERCIAL SITES THEREFORM,
AMENDING SAID CHAPTER BY ADOPTING AS NEW
LAW ARTICLE B, WASTE COLLETOR PERMIT,
APPLICATION FOR WASTE COLLECTOR PERMIT, FEE
FOR WASTE COLLECTOR PERMIT, WASTE
COLLECTION REGULATIONS, SPECIAL ORDERS OF
CITY MANAGER, UNLAWFUL USE OF STREES,
PROVIDING AN IMPLEMENTATION DATE AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO -WIT:
Section One: Part 17, Utilities, Chapter 2, Garbage and Refuse Collection, of the Code
of Ordinances of the City of Owasso, Oklahoma, be and same are hereby amended as follows,
Section 17 -202 shall be amended by deletion therefrom of the words "or commercial ";
Section Two: There shall be adopted as new law and codified as indicated the following
provisions;
ARTICLE B
WASTE COLLECTOR PERMIT
SECTION 17 -201 DEFINITION
For the purposes of this Article the following terms shall have the meanings respectively
ascribed to them herein:
1. "Commercial solid waste" means all solid waste emanating from all units having zoning
classification other than low or medium intensity residential uses;
2. "Construction and demolition waste" means waste or large bulky items, such as brush,
tree cuttings, lumber, concrete, bricks, plumbing fixtures, plastics and other waste generated by
construction and demolition activities;
3. "Waste collector" means any person who collects, removes, or transports commercial
solid waste or construction or demolition waste as defined herein;
4. "Person" means every natural person, firm, partnership, association or corporation;
5. "Vehicle" means any truck, trailer, semi - trailer or other equipment used to collect,
remove, transport or dispose of solid waste, and over any public way, street, avenue, road, alley
or highway.
SECTION 17 -202 WASTE COLLECTOR PERMIT
There is hereby authorized to be issued to any qualified person, under the terms and
conditions hereof, a Waste Collector Permit which shall specifically authorize such person
possessing the permit to, under the control and supervision of the City, collect, remove, transport
and/or dispose of commercial solid waste and/or construction and demolition waste from within
the City.
SECTION 17 -203 PERMIT APPLICATION REQUIREMENTS ISSUANCE DENIAL.
A. The waste collector permit, as referenced above, shall be issued by the Office of the
City Clerk of the City. Applications for such permit shall include the following information:
1. Name and home address of the applicant;
2. Business name and address;
3. Business and home phone number;
110 4. Make, model and year of each truck;
5. Color of cab and packer;
6. Packer capacity;
7. Current state safety inspection number;
An attached schedule of all waste collection services, indicating type of solid waste
collected, site of collection;
Landfills used;
10. Name of liability insurance company and policy number; and,
11. Any other information deemed necessary by the Director of Public Works of the
City.
B. The permit referred to in Section 17 -202 shall be issued for an indefinite period.. The
fee for the waste collection permit shall be payable to the City on a monthly basis on or before the
15'h day of the month immediately succeeding collection service provision in the amount of three
dollars and 50 1100 ($3.50) per yard collected per month with compactors utilized being at an
amount equal to 4 yards charged for every 1 yard of compacted volume. The waste collector
shall provide for the monthly remittance with a waste collector monthly report to be provided by
City. Should the City Clerk determine to deny a permit, or revoke same under authority of this
chapter, notice thereof shall be provided to the applicant/permittee containing such proposed
denial or revocation and the reasons therefore. Revocation of any permit issued under this
chapter shall not be effective until the expiration of ten (10) days from the date of serving a notice
upon permittee of such revocation, absent an emergency situation. Any applicant denied a permit,
or permittee whose permit is revoked may appeal such denial or revocation to the City Council of
the City. Appeal from denial of application for permit or revocation of same shall occur upon
written notice requesting same addressed to the City Clerk within ten (10) days of the denial of
the application for permit or, as pertains to revocation of such permit or within ten (10) days
preceding the effective date of such revocation as above provided. In the event a permittee shall
request an appeal before the City Council of the City regarding revocation of such permit, the
effective date of the revocation shall be stayed pending determination thereof by the City Council
of the City.
SECTION 17 -204 WASTE COLLECTION REGULATIONS
A. Waste collectors who in the course of their business provide containers for the
collection of solid waste shall display information on each container, such as a business name or
trade name which shall sufficiently identify the permittee providing waste collection services to the
establishment using the waste container. Characters, letters and numbers displaying the foregoing
information shall be at least two (2) inches tall, one -half ('/2) inch wide and applied in such a way
so as to become permanent. Characters shall be no lower than twelve (12) inches from the
bottom of the container and shall be in a contrasting color to the container so as to be clearly
visible.
B. No person shall collect any solid waste inside the corporate limits of the city within six
hundred (600) feet of any residential building unless it is after 6:00 A.M. and before 10:00 P.M.
C. Any vehicle used in the collection, removal, transportation or disposal of solid waste
shall:
1. Be constructed and maintained in such a manner as will prevent any solid waste from
spilling, falling or blowing out of the vehicle on to any public way, street, avenue, alley, highway,
road, or any other public or private place, except when being loaded or unloaded and shall be
completely and securely covered to preclude any spill, fall or blow out from the point of collection
to the point of final disposal;
2. Be parked at least one hundred (100) feet from any residential building, if parked over
six (6) consecutive hours, while containing a partial load of solid waste;
3. Be required to be reasonably clean and sanitized if the vehicle is declared to be a health
hazard by the City- County Health Department or its duly authorized representative; and,
4. Comply with all other requirements and restrictions imposed pursuant to the rules and
regulations of solid waste management adopted by the City Manager or City Council of the City.
D. Every licensed waste collector shall maintain a full, true, current and legible list of all
commercial customers that are provided waste collection services, which shall include an
itemization o the customer's names, service address, waste container size or sizes, the frequency
of service measured in days per week, and a brief description of the type of customer or client
being served, such as:
1. Office building;
2. Retail shop /shopping center;
3. Apartment building/condominium/trailer park;
4. Manufacturing company;
5. Warehouse /storage facility;
6. Auto /truck/boat dealer, including salvage, repair, parts and service stations;
7. Public or private school or college;
Church/synagogue;
9. Medical facility, including labs, nursing homes, clinics, etc.;
10. Utility operations including substations, pump stations, etc.;
11. Restaurant/fast food establishment, etc.;
12. Supermarket/grocery store;
13. Hotel /motel;
14. Theater /sports stadium/convention center;
15. Community Center /YMCA/YWCA/park;
16. Bank, savings and loan, credit union, ATM; and,
17. Cleaners /photo finishing.
E. Any vehicle used in the collection, removal, transportation or disposal of solid waste
within the jurisdiction and control of the City shall be subject to reasonable inspections initiated to
insure compliance with this section and conducted by duly authorized inspectors of the
Department of Public Works, the Police Department or the City - County Health Department.
F. No person shall collect, remove or transport solid waste, including hazardous waste, in
D a manner so as to scatter or spill such waste, either at the point of collection or while transporting
the same for disposal unless such waste is immediately retrieved and removed in its entirety.
Immediately after collection, containers which have been used to store solid waste shall be closed,
with each lid or cover being reasonably secured.
SECTION 17 -205 SPECIAL ORDERS OF CITY MANAGER
The City Manager of the City is hereby authorized and directed to promulgate rules and
regulations governing the collection of commercial solid waste and construction and demolition
waste within the City by waste collectors. Application for and acceptance of a waste collector
permit shall be deemed to constitute the permittee's acceptance of the provision of this chapter as
well as any rules and regulations promulgated pursuant hereto. Failure to adhere to the provisions
of this chapter, or any rules and regulations promulgated pursuant hereto shall constitute grounds
for denial or revocation of the permit.
SECTION 17 -206 USE OF STREETS
It is unlawful and a public offense for any person to haul or transport any trash, refuse,
rubbish, garbage and/or waste upon or over any of the streets, alleys or highways of the City
unless such person shall first have procured a permit as herein provided.
2000. Section Three: The provisions of this ordinance will be implemented beginning May 1,
Section Four: Due to the absence of provisions regulating private commercial solid
waste and construction and demolition debris collectors an emergency is hereby declared to exist
whereby the provisions of this ordinance shall become effective immediately upon passage and
publication as provided by law
PASSED this 4th day of April, 2000, with the Emergency Clause voted and approved
separately.
OF
CITY OF OWASSO, OKLAHOMA
OFFICIAL
SEAL By:
Mark Wilken, Mayor
Clerk
AS TO FORM:
D. Cates, City Attorney
2780 -003.ord waste col permit
Affidavit Of Publication
OWASSO REPORTER
STATE OF OKLAHOMA, TULSA COUNTY, ss:
Bill R. Retherford, of lawful age, being duly sworn Published in the Owasso
Reporter, Owasso, Tulsa County,
and authorized, says that he is the publisher of the Oklahoma, April 13, 2000.
Owasso Reporter, a weekly newspaper published in CITY OF OWASSO,
OKLAHOMA
the City of Owasso, Tulsa County, Oklahoma, a news- ORDINANCE NO. 638
paper qualified to publish legal notices, advertise- AN ORDINANCE RELATING TO
PART 17, UTILITIES. CHAPTER
meats and publications as provided in Section 106 of 2, GARBAGE AND REFUSE
COLLECTION, OF THE CODE
Title 25, Oklahoma Statutes 1971 and 1983 as OF ORDINANCES OF THE CITY
OF OWASSO, OKLAHOMA,
17-202
amended, and thereafter, and complies with all other AMENDING SECTION DELETION OF COMMERC BY
requirements of the laws of Oklahoma with reference SITES THEREFROM, AMEND-
ING SAID CHAPTER BY ADOPT-
ING AS NEW LAW ARTICLE B,
to legal publications. WASTE COLLECTOR PERMIT,
That said notice, a true copy of which is attached APPLICATION FOR WASTE
COLLECTOR PERMIT, FEE FOR
WASTE COLLECTOR PERMIT,
hereto, was published in the regular edition of said WASTE COLLECTION REGULA-
perid and
TIONS, SPECIAL ORDERS OF
newspaper during the o an time of publication CITY MAN6,GER, UNLAWFUL
USE OF SIREETS, PROVIDING
and not in a supplement, on the following dates: AN IMPLEMENTATION DATE
AND DECLARING AN EMER-
GENCY
PASSED this 4th day of April,
Apri 1.. 3 2 O 2000, with the Emergency Clause
voted and approved separately.
CITY OF OWASSO OKLAHOMA
/s/ Mark Wilken
Mark Wilken, Mayor
(SEAL)
Subscribed and sworn to before me this ATTEST
/s/ Marcia Boutwell
day of Marcia Boutwell, City Clerk
o APPROVED AS TO FORM:
/s/ Ronald D. Cates
Notary Public Ronald D. Cates, City Attorney
My Commission expires:
PUBLISHER'S FEE 4 2. 3 5
MEMORANDUM
TO: HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: F. ROBERT CARR, JR., P.E.
PUBLIC WORKS DIRECTOR
SUBJECT: ORDINANCE FOR WASTE COLLECTOR PERMITS
DATE: March 29, 2000
BACKGROUND:
The Public Works Department has been responsible for preparation and administration of
contracts for commercial refuse collection. Billing for services has been administered through
Utility Billing. These contracts have been bid twice in the last six (6) years. In July 1993, the
Trustees of the Owasso Public Works Authority approved a contract with Browning- Ferris
Industries (BFI). In April 1996, a contract similarly was awarded to Waste Management of
Oklahoma for the services. The bid amount establishes what the City of Owasso pays the
contractor. Payments have been determined based on the size of container provided each city
customer and the frequency of collection. The contractor bills the City of Owasso for accounts
collected. The customer is billed by the City of Owasso along with any additional charge
added to the contractor amount. Additional fees have been added to the contracted bid
amounts for administrative and other costs. The total of the contracted bid amount and
additional charges constitutes the billing rate to each customer.
CITY CODE PROVISIONS:
About one (1) year ago, it came to the attention of city staff that a non - contracted refuse
collection provider (American Waste Control) was providing service to commercial customers
within the city limits. In the opinion of the City Attorney, our contract for commercial refuse
collection is not exclusive; therefore, other companies can provide service within the city
limits. Provision of such service has resulted in uncollected revenue by the city and does not
conform to the Code of Ordinances (Section 17 -217) that states:
No person, firm or corporation shall be permitted to engage, and it is unlawful
for any person, firm or corporation to engage, in the hauling and disposal or
collecting of trash, rubbish or garbage for hire or a fee, within the corporate
limits of the City without first being so designated and permitted to do so by
the City Council of the City.
Page 2
Ordinance for Waste Collector Permits
Efforts to address this situation were initiated by the City Attorney in April 1999 (see
Attachment A). A permitting process and commercial solid waste supplier contract was
prepared and forwarded to American Waste in September 1999 (see Attachment B). American
submitted a permit application in early October 1999 and a follow -up meeting with city staff
was held in October 1999 to discuss the permit and contract provisions.
PERMIT /CONTRACT REQUIREMENTS:
Based on data provided in the initial permit application, a calculation was prepared to
determine the amount of uncollected revenue (indicated by a differential between the current
rate charged City of Owasso commercial customers and the current contract haul rate). It was
determined that commercial refuse collection by American Waste rather than our present
contractor has resulted in uncollected revenue in an amount exceeding $1,300 per month.
A letter and contract was mailed to American Waste for execution in November 1999.
Subsequently, letters have been received from American Waste and their attorney (see
Attachment C) concerning the proposed permit fee. In addition, a presentation was made at
the Council meeting on February 1, 2000 by a local business representative expressing
concerns with the current rate structure and the need to develop a more equitable permit
procedure.
POSSIBLE PERMIT OPTIONS:
Types of permit fees administered by other local communities include:
- No fee
- Annual fee per container
- Annual fee per volume of container, and
- Percentage of gross monthly revenue.
Since collection frequency and container sizes vary by customer, staff suggested that an
equitable permitting method could be based on the number of yards of waste collected. Permit
fee calculation using this methodology combines container volume /collection frequency and
provides consistency among all providers and customers based on specific needs.
ANALYSIS OF COLLECTED REVENUE:
Discussion of this issue was held with Council at the Work Session on February 8, 2000. Staff
had collected data summarizing the most recent monthly net revenue for commercial refuse
service in the city (see Attachment D) which included a compilation of number of customers,
collection frequency, container size, city billing rate and charges by Waste Management to the
city. A calculation of amounts of net revenue collected listed by container size and collection
frequency was shown. Based on the number of city customers at the time of the listing, total
monthly net revenue was $11,868.88.
Page 3
Ordinance for Waste Collector Permits
To provide equity of potential fees, a table showing the volume of waste collected weekly was
prepared and a comparison of potential permit fees calculated based on the number of
customers billed by the City of Owasso (see Attachment E). The comparison indicated that a
$5 per month per yard of commercial refuse collected per week would generate $11,635 per
month (approximately equal to the present monthly net revenue of $11,868).
At the time of this initial analysis, however, the quantities of waste collected monthly did not
reflect services provided by companies other than Waste Management. A complete listing of
locations, container sizes and collection frequency for all service providers increases the
quantity of refuse and reduces the proposed permit fee cost per yard. A desire was expressed
to generate sufficient permit fees to offset the net revenue collected under the existing city rate
structure and to remain revenue neutral.
MEETING WITH COMMERCIAL WASTE COLLECTION SERVICE PROVIDERS:
Staff and the City Attorney met with the three (3) largest commercial waste collection
providers (Waste Management, American Waste and BFI (Allied)) on February 25, 2000 to
discuss the status of the City of Owasso permitting procedure. The meeting included
discussion of the City Code of Ordinances, existing customers of each company,
implementation of permits and collection of fees.
To compile a total amount of commercial refuse collected weekly, each company was
requested to provide a current list of customers, container size and type, and collection
frequency. In addition, it was agreed that a 4:1 ratio of compacted to uncompacted waste
would be applicable for customers provided with compactors.
PROPOSED PERMIT FEE:
Attachment F is a compilation of data reflecting all known commercial refuse collected within
the City of Owasso. Data have been added for customer accounts not billed by the city. A
total of 3,472 cubic yards are included. An increase of 1,145 cubic yards (49.2% increase) is
represented above that presently billed by the City of Owasso. To remain revenue neutral, a
permit fee of $3.50 per cubic yard collected per week is required.
Potential affects on existing rates are shown in Attachment G. Based on the present contract
rates with the City of Owasso and the increase in quantities to account for all collected refuse,
all but one of the monthly fees decrease. Rates are expected to change from +3% to -27%
depending on collection frequency and container size.
ORDINANCE AND IMPLEMENTATION:
A proposed ordinance to provide for a Waste Collector Permit to permit collectors of
commercial refuse is attached for City Council adoption (see Attachment H). The ordinance
also contains provisions for collection of construction and demolition debris.
Page 4
Ordinance for Waste Collector Permits
Due to the absence of provisions regulating commercial solid waste and construction and
demolition debris collectors, an emergency clause is requested to enable the ordinance to
become effective immediately upon passage and publication as provided by law. Procedures
for implementation are being developed that will enable collection of permit fees starting May
1, 2000.
The City of Owasso has an obligation to protect the health and safety of citizens and
businesses. As a result, through the permitting process, controls will be enforced on waste
collectors that ensure adequate and appropriate service will be maintained. Each month a
listing of customers will be provided by each Waste Collector. The permit fee will be
calculated using the list and an accompanying payment provided to the City of Owasso.
With implementation of permit fees, companies meeting specific permitting criteria will be able
to establish customer accounts with the city limits. Fees for services will be determined by
each company. Individually, customers will have the ability to determine which company
provides them the most desirable type of service and cost. The City of Owasso will no longer
bill customers.
RECOMMENDATION:
Staff recommends Council approval of Ordinance 638 to provide for a Waste Collector Permit
for the purposes of permitting collectors of commercial solid waste as well as construction and
demolition debris. An emergency clause is requested to enable the ordinance to become
effective immediately upon passage and publication as provided by law.
ATTACHMENTS:
Attachment A - April 29, 1999 letter to American Waste from Ron Cates
Attachment B - September 17, 1999 letter to American Waste
Attachment C - December 1, 1999 letter from American Waste attorney and December 2,
1999 letter from American Waste about contract provisions
Attachment D - Monthly net revenue calculation
Attachment E - Potential permit fees
Attachment F - Commercial Refuse Collection Permit Fee Calculation
Attachment G - Percentage Change in Monthly Fee
Attachment H - Ordinance 638 - Waste Collector Permit
RONALD D. CATES
Attorney at Law
Suite 680, ParkCentre
525 South Main
Tulsa, Oklahoma 74103
918 -582 -7447
April 29, 1999
American Waste Control
1222 West 37' Place
Tulsa, Oklahoma 74107
Attention: Mr. Mike Self
FAX 918 -582 -0166
In Re: American Waste Control Commercial Refuse Hauling within the
City of Owasso, Oklahoma
Dear Mr. Self
Please be advised that I am the City Attorney for the City of Owasso, Oklahoma. In such
capacity, I have been requested to communicate with you on behalf of your company regarding
information which officers of the City of Owasso, Oklahoma, have received indicating that your
company, American Waste Control, is presently and has for some time been collecting commercial
refuse within the corporate limits of the City of Owasso, Oklahoma. Further, in this regard, a
review of the records of the City of Owasso, Oklahoma, does not indicate the existence of any
contract between your company, American Waste Control, and the City of Owasso.
In respect to the foregoing, your attention is directed to the provisions of Section 17 -217
of the Code of Ordinances of the City of Owasso, Oklahoma, which provides as follows, to -wit:
"No person, firm or corporation shall be permitted to engage, and it
is unlawful for any person, firm or corporation to engage, in the
hauling and disposal or collecting of trash, rubbish or garbage for
hire or a fee, within the corporate limits of the City without first
being so designated and permitted so to do by the City Council of
the City.
Under the provisions of Section 17-219 of the Code of Ordinances of the City of Owasso,
Oklahoma, any person or persons, firm or corporation that violates the foregoing shall be deemed
guilty of a misdemeanor and upon conviction shall be fined as provided in Section 1-108 of the
code, to -wit: $200.00 per day for each days continuance or failure to comply with the provisions
of the ordinance, as well as costs for each offense.
It is the position of the City of Owasso, Oklahoma, that the aforestated provisions of the
Code of Ordinances of the City of Owasso are a legitimate exercise of the police power exercised
by the City of Owasso, Oklahoma. In that regard it is well established in Oklahoma that
municipalities act for the public health and discharge governmental function in the collection and
disposal of solid waste. City of Purcell v. Hubbard 410 P2d 488, 490 (1965). Further, the
I1
Mr. Mike Self
April 29, 1999
Page 2
Supreme Court has held that "it is within the police powers of cities of this state to regulate the
orderly, sanitary disposal of garbage" Bishop v. Citv of Tulsa, 209 P 228, 230 (Okla. 1922). See
also: Solid Waste Management Act, 27A O.S. Supp. 1996, Sections 2 -10 -101 through 2 -10 -111
and Opinions of the Attorney General of the State of Oklahoma, Opinion Number 97 -47, June 30,
1997.
Based upon the foregoing you are hereby requested to immediately contact Mr. F. Robert
Carr, Jr., P.E., Director of Public Works for the City of Owasso, 320 South Dogwood, Owasso,
Oklahoma 74055, telephone number (918) 272 -4959, to make arrangements to secure the
necessary contractual authority for provision of the commercial refuse hauling service. Your
failure to do so under circumstances of a continuation of the performance of the commercial
refuge hauling service within the City of Owasso, Oklahoma, will leave the City of Owasso,
Oklahoma, no alternative but to pursue all legal avenues for assuring compliance with the
provisions of the Code of Ordinances of the City of Owasso, Oklahoma, outlined above.
You shall govern yourself accordingly.
RDC /nhc
. Jeff Hancock
City Manager
City of Owasso
F. Robert Carr
Director of Public Works
City of Owasso
2780- 388.lms
City Attorney
207 South Cedar
PO Box 180
Owasso, OK 74055
September 17, 1999
Guy Blagg
Sales Manager
American Waste Control, Inc.
1222 W. 37b Place
Tulsa, OK 74107 -5720
Dear Mr. Blagg:
City of Owasso
(918) 272 -2251
FAX (918) 272 -4999
Per our previous telephone conversation with a representative of your firm and our letter dated April 29,
1999, attached is a copy of an application for a contract for commercial refuse hauling services within the
corporate limits of the City of Owasso. In accordance with the City of Owasso Code of Ordinances, each
hauler conducting business within the city is required to enter into a contract to provide services.
We expect that the requested information will be returned to our office within the next thirty (30) days. In
order for us to expeditiously review the application and determine the applicable fee structure, the
following is a summary of the requested information to be completed on the application:
Application will be valid upon approval of the City Council for a period to end on June 30, 2000.
• A certificate providing liability insurance must accompany the application.
Each individual container provided within the city limits must be individually listed and
identified by location and container size.
Any additions and/or modifications to the contracted container locations or container sizes will
result in modification of the approved contract.
Upon submittal of the requested information, City of Owasso staff will calculate the applicable monthly
rate. A decal will be issued for each container to designate conformance with the established
requirements.
If you should have any questions concerning the provisions stated herein, please contact this office at
272 -4959.
Sincerely,
OWASSO PUBLIC WORKS DEPARTMENT
F. Rbbeli Carr, Jr., P.E.
Public Works Director
cc: Ron Cates, City Attorney
J. Jeff Hancock, City Manager
VIA FAX; 272 -4999
PAGE 02
DOUGLAS L. BOYD
ATTORNEY AT LAW
December 1, 1999
F Robert Carr,, Jr.
Public Works Director
Owasso Public Works Dept.
P. O. Box 180
Owasso, OK 74055
Dear Mr. Carr.,
My client, American Waste Control,
respond to your letter dated November
client on November 24,1999.
T4k. (918) 141 -9588
Fax: (918) 142-9330
Inc., (AWC) has asked me to
18, 1999 and zeceived by my
My client has collected solid waste from several businesses in
Owasso, with your permission, for close to a year. In your letter
you agreed to let AWC to continue that service only upon the
execution of a contract containing eight conditions two of which
are of great concern to AWC. The first requires IAWC to pay a
permit fee equal to the difference between the current rates set by
the Owasso Public Works Authority and the rates charged by AWC.
The second requires AWC in the alternative to pa the City of
Owasso "not leas than ten percent of gross revenue" derived by AWC
from services provided within the city, limits of Owasso.
Applying these requirements, you have calculated the monthly
fee of $1337.04. This amount is more than 60# of 'AWC's gross
revenues for Owasso service.
I don't purport to be a municipal law expert but it seems to
me that if you have an ordinance authorizing the above charges is
unconstitutional. First it fails to pass constitutional muster due
to vagueness ie., "not less than ten percent ". Secondly, the fees
appear to be far in excess of the expense of regulating AWC's
business, is the collection of a tax and is itherefore an
unauthorized exercise of police power. See Title 111522 -106; City
c Shawnge v. Reid Bro. Plumbing Co., 207, P.2d'779 ;and Priddy v.
City of R`uiea, 882 P.2d 81, Also if you don't' charge Waste
Management, Inc., the same fees, then AWC is alsol being denied
equal protection of law.
My client will be glad to pay reasonable fee for doing
business in Owasso. if you insist upon charging the fees proposed,
AWC is willing to let the Courts decide the issue.
yours very truly,
Douglas L. Boyd
AMERICAN WASTE CONTROL INC.
December 2, 1999
Mr. Robert Carr Jr.
Public Works Director
Owasso Public Works Dept.
P.O. Box 180
Owasso, OK 74055
Dear Sir:
As the permit application we have received has an effective
start date of December 1, 1999 and this was received at the
time of our December billing, we are unable to submit the fees
necessary (over 70 %) on such short notice. We are currently
in the process of reviewing with our legal department our
position in this matter as we were not told of any fees required
at the time that we were invited to do business within the City
Limits of Owasso.
American Waste Control will not solicit business in the City
Limits of Owasso in this interim period.
Typically the "margin" or license fee required to do business
within the surrounding communities of Tulsa (Broken Arrow, Sand
Springs, Jenks, ETC.) is 109 or less, we are somewhat surprised
at the permitting fees presented to us here.
Guy Blagg
Sales Mana
Commercial Refuse Service
217100
Billing Rate
Monthly
WM Rate
Monthly
Profit
Monthly
Portion of Rate for Econ Dev
Service
Units
per Unit
Revenue
ep r Unit
Ex pen
per Unit
Totat
per Unit
Total n
A
01
211
Al
26
40.80
1,060.80
23.86
620.36
16.94
440,44
5.99
155.74
A2
3
75.60
226.80
42.94
128.02
32.66
97.98
11.16
33.48
A3
1
104.40
104.40
64.41
64.41
39.99
39.99
15.33
15.33
3 Yd
Bt
14
54.00
756.00
32.02
448.28
21.98
307.72
8.07
112.98
B2
5
94.80
474.00
57.62
288.10
37.18
185.90
14.15
70.75
83
9
114.00
1,026.00
86.45
776.05
27.55
247.95
16.6
149.40
414
C1
17
62.40
1,060.80
35.40
601.80
27.00
459.00
9.35
158.95
C2
8
112.80
902.40
63.73
509.84
49.07
392.56
16.91
135.28 0
C3
8
150.00
1,200.00
95.59
764.72
54.41
435.28
22.27
178.16 N
14
80.40
1,125.60
37.66
527.24
42.74
598.36
12.05
168.70 0
8
141.60
1,132.80
67.79
542.32
73.81
590.48
21.23
169.84
8
201.60
1,612.80
101.69
813.52
99.91
799.28
30.21
241.68
C3
E1
9
94.80
853.20
46.71
420.39
48.09
432.81
14.21
127.89
yd
E2
7
166.80
1,167.60
84.07
588.49
82.73
579.11
25.01
175.07
E3
57
237.60
13,543.20
127.74
7,281.18
109.86
6,262.02
35.61
2,029.77
194
3,923.02
14,377.52
11,868.88
26,246.40
CITY OF OWASSO
Commercial Refuse Collection Permit Fee Analysis
February 8, 2000
Rate
Number of
units
Container
yards
Frequency
collected per
week
Yards
collected pe
week
$1 /monlhlyd
$ collected
per month
$21monlh /yd
$ collected
per month
nth/yd
$ collected
per month
$5 /month /yd
$ collected
per month
A1
26
2
1
2
$2
$52
$4
$104
$6
$156
$10
$260
A2
3
2
2
4
$4
$12
$8
$24
$12
$36
$20
$60
A3
1
2
3
6
$6
$6
$12
$12
$18
$18
$30
$30
B1
14
3
1
3
$3
$42
$6
$84
$9
$126
$15
$210
B2
5
3
2
6
$6
$30
$12
$60
$18
$90
$30
$150
B3
9
3
3
9
$9
$61
$18
$162
$27
$243
$45
$405
C1
17
4
1
4
$4
$68
$8
$136
$12
$204
$20
$340
C2
8
4
2
8
$8
$64
$16
$128
$24
1 192
$40
$320
C3
8
4
3
12
$12
$96
$24
$192
$36
$288
$60
$480
D1
14
6
1
6
$6
$84
$12
$168
$18
$252
$30
$420
D2
8
6
2
12
$12
$96
$24
$192
$36
$288
$60
$480
D3
8
6
3
18
$18
$144
$36
$288
$54
$432
$90
$720
El
9
8
1
8
$8
$72
$16
$144
$24
$216
$40
$360
E2
7
8
2
16
$16
$112
$32
$224
$48
$336
$80
$560
TOTAL MONTHLY
TOTAL YEARLY
A
$2,327
$4,654
$6,981
$11,635
$27,924
$55,848
$83,772
$139,620
CITY OF OWASSO
Commercial Refuse Collection Permit Fee Calculation
Haura
Type of Cerr7arer
yaede
urala
Fragrancy
Per
week
mlled d Per
week
PrePeaed
($3-50 wdd
Tow Mud *
Permit Fee
waste Ma'ogement
Dumpria
2
26
1
52
$7.00
$182.00
2
3
2
12
$14.00
$12.00
Dumpasa
2
1
3
6
$21.00
$21.00
Dumpster
3
14
1
42
$10.50
$147.00
Dumpaber
3
5
2
30
$21.00
$105.00
Dumpaier
3
9
3
81
$3150
$28350
D mrpeb
4
17
1
68
$14.00
$238.0
Dicnpdrr
4
b
2
64
$24.00
$224.00
Wnpaea
4
8
3
96
$4200
$336110
Dumpamr
6
14
1
84
$21.00
$294.00
Dina
6
8
2
96
$42.0
$336.00
Dorn ats
6
8
3
144
$6300
$504.00
Dumper
8
9
1
72
$28.00
$252.00
Dumpaier
8
7
2
112
$56.00
$392.00
Dumpair
8
57
3
1368
$84.00
$4.788.00
30
1
0.5
15
$52.50
$52.50
- n _
30
4
1
120
$105.00
$420.00
30
1
05
60
$210.00
30
1
1
120
$420.00
$120.0
40
1
0.5
80
$280.00
$280.00
42
1
025
42
$147.00
$14200
BFI (Allied)
30
7
3
360
$1,260.00
$1160.00
42
1
025
42
$147.00
$147.0
Amer
6
2
1
12
$21.00
$42.00
8
2
1
16
$26.0
$56.00
6
10
2
160
$58.00
5560.00
6
1
5
40
$140.00
$140.00
b
1
6
48
$168.00
$168.00
30
t
1
30
$105.0
$105.00
TOTAL 3472
MONTH TOTAL $12.152.00
Using present monthly revenue generation: $11,868 net revenue /3472 cubic yards collected per week =
33.48 1cubic yard (use $3.50 /cubic yard)
Billed yards collected per week = 7327 yards
Not billed yards = 1145 yards (addmorel 49296)
CITY OF OWASSO
Commercial Refuse Collection - Percent Change of Monthly Fee
March 7, 2000
Type of Container
Container
yards
Frequency
collected per
week
Proposed Monthly
Permit Fee
($3.50 /yard
collected)
Example haute
rate
Total rate
(D +E)
Present City
billing rate
Difference
(F -G)
% change
Dumpster
2
1
$7.00
$23.86
$30.86
$40.80
-$9.94
-24%
Dumpster
2
2
$14.00
$42.94
$56.94
$75.60
I - $18.66
-25%
Dumpster
2
3
$21.00
$64.41
$85.41
$704.40
- $18.99
-18%
Dumpster
3
1
$10.50
$32.02
$42.52
$54.00
- $11.48
-21%
Dumpster
3
2
$21.00
$57.62
$78.62
$94.80
- $16.18
-17%
Dumpster
3
3
$31.50
$86.45
$117.95
$114.00
$3.95
3%
Dumpster
4
1
$14.00
$35.40
$49.40
$62.40
- §13.00
-21%
Dumpster
4
2
$28.00
$6173
$91.73
$112.80
- $21.07
-19%
Dumpster
4
3
$42.00
$95.59
$137.59
$150.00
- $12.41
48%
Dumpster
6
1
$21.00
$37.66
$58.66
$80.40
- $21.74
-27%
Dumpster
6
2
$4200
$67.79
$109.79
$141.60
- $31.81
-22%
Dumpster
6
3
$63.00
$101.69
$164.69
$201 -60
- $36.91
-18%
Dumpster
8
1
$28.00
$46.71
$74.71
$94.80
- $20.09
-21%
Dumpster
8
2
$56.00
$84.07
$140.07
$166.80
- $26.73
-16%
Dumpster
8
3
$84.00
$127.74
$211.74
$23260
- $25.86
-11%
Rolloff
30
0.5
$52.50
-
Rolloff
30
1
$105.00
Compactor
30
0.5
$210.00
Compactor
30
1
$420.00
Compactor
40
0.5
$280.00
Compactor
42
0.25
$147.00
Compactor
30
3
$1,260.00
Compactor
42
0.25
$147.00
Dumpster
6
'1
$21.00
$51.00
$72.00
$80.40
$8.40
-10 %:
Dumpster
8
1
$28.00
$55.00
. 383.00
$94.80
$11.80
-12%
Dumpster
8
- 2 -
$56.00
$97.00
$153.00
$166.80
$13.80
8%
Dumpster
8
5
$140.00
$223.00
$363.00'
Dumpster
8
8
$168.00
$292.00
$460.00
Rolloff
30
1
$105.00