HomeMy WebLinkAbout727_Amend Part 17 Ch 2_Repealing Fee Charges to Commercial Waste HaulersTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 727
AN ORDINANCE RELATING TO PART 17, UTILITIES, CHAPTER 2,
GARBAGE AND REFUSE COLLECTIONS, ARTICLE B, SECTION 17-203B,
PERMIT APPLICATION REQUIREMENTS, ISSUANCE, DENIAL, OF THE
CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA,
AMENDING SAME BY REPEALING THERETO PROVISIONS
REGARDING WASTE COLLECTION PERMIT FEES, AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, TO-WIT:
Section One: That Part 17 - Utilities, Chapter 2 Garbage and Refuse Collections,
"It Article B, Section 17-20313, Permit Application Requirements, Issuance, Denial, of the Code of
Ordinances of the City of Owasso, Oklahoma, is hereby amended to provide as follows, to-wit:
1) The permit referred to in Section 17-202 shall be issued for an indefinite period.
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 Two: The provisions of this ordinance shall become effective immediately upon
passage and publication as provided by state law.
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s/ Steohen P. Grav
Stephen P. Gray, City Attorney
ATTEST:
/s/ Marcia Boutwell
Marcia Boutwell, City Clerk
CITY OF OWASSO,
OKLAHOMA
/s/ Michael Helm
Mayor
Affidavit Of Puhlication
OWASSO REPORTER
STATE OF OKLAHOMA, TULSA COUNTY, ss:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is the publisher of the
Owasso Reporter, a weekly newspaper published in
the City of Owasso, Tulsa County, Oklahoma, a news-
paper qualified to publish legal notices, advertise-
ments and publications as provided in Section 106 of
Title 25, Oklahoma Statutes 1971 and 1983 as
amended, and thereafter, and complies with an other
requirements of the laws of Oklahoma with reference
to legal publications.
That said notice, a true copy of which is attached
hereto, was published in the regular edition of said
newspaper during the period and time of publication
and not in a supplement, on the fonowing dates:
Subscribed and sworn to before me this 29th
My Commission expires:
PUBLISHER'S FEE $ 98.45
AN ORDINANCE RELAT-
ING TO PART 17, UTILI-
TIES, CHAPTER 2,
GARBAGE AND
REFUSE COLLECTIONS,
ARTICLE B, SECTION
17-203B, PERMIT APPLI-
CATION REQUIRE-
MENTS, ISSUANCE,
DENIAL, OF THE CODE
OF ORDINANCES OF
THE CITY OF OWASSO,
OKLAHOMA, AMEND-
ING SAME BY REPEAL-
ING THERETO PROVI-
SIONS REGARDING
WASTE COLLECTION
PERMIT FEES, AND
DECLARING AN EMER-
GENCY.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA,
TO-WIT:
Section One: That Part i 7 -
Utilities, Chapter 2 Garbage
and Refuse Collections, Article
B, Section 17-203B, Permit
Application Requirements,
Issuance, Denial, of the Code
of Ordinances of the City of
Owasso, Oklahoma, is hereby
amended to provide as follows,
to~wit:
1) The permit referred to in
Section 17-202 shall be
issued for an indefinite periN
ad. Should the City Clerk
determine to deny a permit,
or revoke same under
authority of this chapter,
notice thereof shall be pro-
vided to the applicanVpermit-
tee containing such pro-
posed denial or revocation
and the reason therefore.
Renovation 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
permitree whose permIt is
revoked may appeal such
denial or revocation to the
City Council of the City.
Appeal from denial of appli-
cation for permit or revoca-
tion of same shall occur
upon written 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 preced-
ing the effective date of such
revocation as above provid-
ed. 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 determi-
nation thereof by the City
Council of the City.
Section Two: The provisions of
this ordinance shall become
effective immediateiy upon pas-
sage and publication as provid-
ed by state law.
PASSED AND APPROVED
this 19th day of November,
2002.
CITY OF OWASSO
OKLAHOMA
ORDINANCE NUMBER 727
Published in the Owasso
Reporter, Owasso, Tulsa
County, Oklahoma, Novem-
ber 28, 2002.
MEMORANDUM
TO: THE HONORABLE MAYOR & CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J. RAY
CITY MANAGER
SUBJECT: REQUEST FOR ADOPTION OF ORDINANCE #727,
COMMERCIAL WASTE COLLECTION PERMIT
DATE: November 14, 2002
BACKGROUND:
On April 4, 2000, the City Council adopted Ordinance #638 (attached), such ordinance for the
purpose of establishing a commercial waste collection permit and applicable fees for that permit.
The ordinance was adopted in an effort to remedy a concern that the City Attorney had relating to
the legality of the "exclusive" contract method the City had previously utilized to collect
commercial waste within the boundaries of the city.
Generally, Ordinance #638 established a fee of $3.50 per yard of collected commercial waste to
be paid to the City on a monthly basis. That fee was adopted based on calculations performed by
the Public Works Department. Those calculations were accomplished utilizing data from the
City's contract during the previous year and supplemental information supplied by other
"haulers" on a voluntary basis. It appears that one goal of the new ordinance was to ensure that
the fees generated by the "permit fee" were equal to the revenue collected from the "contract"
system then in use.
However, the actual impact of the fee permit was to significantly increase revenues to the City.
That increase eventually served to call attention to the fee by local businesses and one of the
permit holders, American Waste Control. Then, on August 31, 2001, American Waste Control
filed a lawsuit in District Court against the City of Owasso, claiming that Ordinance #638 is
illegal and void due to law that prohibits the imposition of a "licenses tax" on waste collection,
as well as claiming that the ordinance exceeds the "police powers" granted the City by the State.
Additionally, the lawsuit claimed that Section 17 -206 of Ordinance #638 is in violation of
Oklahoma Statutes (47 O.S. section 1148) in that the ordinance exceeds the City's authority to
prohibit the use of city streets (inadvertently, the ordinance prohibited the transport of any trash
on any city street unless the transporter had a city permit, thereby making it illegal for a hauler to
pick up trash in another city or from a non -city resident and then transport that refuse through the
city to a disposal site, very clearly exceeding the authority of the City). It should be noted that
American Waste Control, as of August 3 1, 2001, has not collected from their customers nor paid
COMMERCIAL WASTE COLLECTION LAWSUIT
NOVEMBER 14, 2002
PAGE
to the City the fees required of the permit even though there have been demands for payments as
per Ordinance #638.
Subsequently, there have been legal maneuvers by both the City and American Waste Control.
Additionally, other "haulers" have expressed concern that they were placed at a disadvantage by
continuing to collect the required fee while American Waste Control had ceased collecting from
its customers.
LEGAL REVIEW:
After employing Mr. Gray as City Attorney, he reviewed this case in the context of preparing an
answer to the Plaintiffs Motion for Summary Judgment." Mr. Gray's review lead to the
conclusion that the City has, in fact, enacted an ordinance that lacks a defendable position.
Based on discussions with the City Attorney and a requirement for an immediate response to the
Plaintiffs Motion for Summary Judgment, I authorized Mr. Gray to meet with attorneys for
American Waste Control to determine our available options. Mr. Gray also appeared before
Judge Wiseman to request time for a possible negotiated settlement of the matter.
PROPOSAL:
Based on Mr. Gray's review, discussions with the Plaintiffs attorney, direction from the Judge
and staff comments, it is proposed that the City Council repeal the fee required by
Ordinance #638 and contained in Section 17- 203(B) of that ordinance. Although that action
is of immediate concern, it should be noted that, in the near future, additional action will also be
needed to amend Section 17 -206, and to include a new fee structure that will be in compliance
with state law.
EMERGENCY CLAUSE:
The Oklahoma Statutes, 11 O.S. Article XIV, Section 14 -103, allow for the attachment of an
"emergency clause" to ordinances when, in the opinion of the City Council in order to protect the
interest of the citizens, an ordinance should become effective immediately upon passage. In the
case of this ordinance, the staff believes that the attachment of an emergency clause is critical to
the settlement of the pending legal action.
COMMERCIAL WASTE COLLECTION LAWSUIT
NOVEMBER 14, 2002
PAGE
RECOMMENDATION:
The staff recommends City Council adoption of Ordinance #727, such ordinance repealing the
fee required of commercial waste service companies; and that the City Council also attach an
emergency clause providing for the immediate enactment of the ordinance.
ATTACHMENTS:
1. Proposed Ordinance #727
2. Ordinance #638
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER 727
AN ORDINANCE RELATING TO PART 17, UTILITIES, CHAPTER 2,
GARBAGE AND REFUSE COLLECTIONS, ARTICLE B, SECTION 17 -203B,
PERMIT APPLICATION REQUIREMENTS, ISSUANCE, DENIAL, OF THE
CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA,
AMENDING SAME BY REPEALING THERETO PROVISIONS
REGARDING WASTE COLLECTION PERMIT FEES, AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, TO -WIT:
Section One: That Part 17 — Utilities, Chapter 2 Garbage and Refuse Collections,
Article B, Section 17 -203B, Permit Application Requirements, Issuance, Denial, of the Code of
Ordinances of the City of Owasso, Oklahoma, is hereby amended to provide as follows, to -wit:
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 Two: The provisions of this ordinance shall become effective immediately upon
passage and publication as provided by state law.
PASSED AND APPROVED this 19a' day of November, 2002.
ATTEST:
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Stephen P. Gray, City Attorney
CITY OF OWASSO, OKLAHOMA
By:
Mayor
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 SECTION 17 -202 BY
DELETION OF COMMERCIAL SITES THEREFROM,
AMENDING SAID CHAPTER BY ADOPTING AS NEW
LAW ARTICLE B, WASTE COLLECTOR PERMIT,
APPLICATION FOR WASTE COLLECTOR PERMIT, Ftl�
FOR WASTE COLLECTOR PERMIT, WASTE
COLLECTION REGULATIONS, SPECIAL ORDERS OF
CITY MANAGER, UNLAWFUL USE OF STREETS,
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;
D 4. Make, model and year of each truck;
5. Color of cab and packer,
6. Packer capacity;
7. Current state safety inspection number;
8. An attached schedule of all waste collection services, indicating type of solid waste
collected, site of collection;
9. 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' day of the month immediately succeeding collection service provision in the amount of three
dollars and 501100 ($3.50) per yard collected per month with compactors utilized being at an
amount equal to 4 yards charged for every I 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 ( %a) 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/hailer park;
4. Manufacturing company,
5. Warehouselstorage facility;
6. Auto /truck/boat dealer, including salvage, repair, parts and service stations;
7. Public or private school or college;
8. 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. Hotellmotel;
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
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.
Section Three: The provisions of this ordinance will be implemented beginning May 1,
2000.
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 4' day of April, 2000, with the Emergency Clause voted and approved
separately.
CITY OF OWASSO, OKLAHOMA
OFFICIAL
SEAL By:
Mark Wilken, Mayor
AS TO FORM:
D. Cates,
2790403.o,d wine col permit