HomeMy WebLinkAbout728_Part 17, CH 2_collecting Waste in the city limits_commercial haulingTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMNER 728
AN ORDINANCE RELATING TO PART 17, UTILITIES, CHAPTER 2,
GARBAGE AND REFUSE COLLECTIONS, ARTICLE B, SECTION 17-206,
USE OF STREET, OF THE CODE OF ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, REPEALING SAID SECTION 17-206, AND
ADOPTING A NEW SECTION 17-206 RELATING TO COLLECTION AND
HAULING OF WASTE WITHOUT A PERMIT, AND DECLRING 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 17-206. Use of Street, of the Code of Ordinances of the City of Owasso,
Oklahoma, is hereby repealed, and a new Section 17-206 is adopted to provide as follows, to-wit:
SECTION 17-206
COLLECTION AND HAULING OF WASTE WITHOUT A
PERMIT
It is unlawful and a public offense for any person to collect any trash, refuse,
rubbish, garbage and/or waste within the City of Owasso and to haul such 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 Two: The provisions of this ordinance shall become effective immediately upon
passage and publication as provided by state law.
AND APPROVED this 17th day of December, 2002.
Marcia Boutwell, City clerk
CITY OF OWA S OKLAHOMA
Affidavit Of Puhlication
OWASSO REPORTER
STATE OF OKLAHOMA, TULSA COUNTY, ss:
BiB 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 all 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 following dates:
Subscribed and sworn to before me this 27th
My Commission
PUBLISHER'S FEE $ 84.70
Isl Stephen P. Gray
Stephen P Gray, City Attorney
APPROVED AS TO FORM:
Isl Marcia Boutwell
Marcia Boutwell, City Clerk
(SEAL)
7th day of
City of
Owasso, Okiahoma
Isl Michael Helm
PASSED AND APPROVED this
December, 2002.
Section Two: The provisions of this ordinance shall become
effective immediatety upon passage and publication as provided by
state law.
It is unlawful and a public offense for any person to collect any
trash, refuse, rubbish, garbage andlor waste within the City of
Owasso and to haut such trash, refuse, rubbish, garbage andlor
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 17-206 COLLECTION AND HAULING OF WASTE
WITHOUT A PERMIT
Section One: That Part 17 - Utilities, Chapter 2 Garbage and
Refuse Collections, Article B. Section 17-206. Use of Street, of tee
Code of Ordinances of the City of Owasso, Oklahoma, is hereby
repealed, and a new Section 17-206 is adopted to provide as fol-
lows, to-wit:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, TO-WIT:
AN ORDINANCE RELATING TO PART 17, UTiliTIES,
CHAPTER 2, GARBAGE AND REFUSE COLLECTIONS,
ARTICLE B, SECTION 17-2065 USE OF STREET, OF THE
CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, REPEALING SAID SECTION 17-206, AND
ADOPTING A NEW SECTION 17-206 RELATING TO COL-
LECTION AND HAULING OF WASTE WITHOUT A PERMIT,
AND DECLARING AN EMERGENCY.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 728
Published in the Owasso Reporter, Owasso, Tulsa County,
homa, December 26, 2002.
MEMORANDUM
TO: THE HONORABLE MAYOR & CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J. RAY
CITY MANAGER
SUBJECT: REQUEST ADOPTION OF ORDINANCE #728,
COMMERCIAL WASTE COLLECTION PERMIT
DATE: December 12, 2002
BACKGROUND:
On November 19, 2002, the City Council adopted Ordinance #727, wherein the City's permit fee
for the collection of commercial refuse was repealed. The action was taken based on the
recommendation of the staff and City Attorney as a method of resolving a lawsuit against the
City filed by American Waste Control Inc. (See attached memorandum dated November 14 " for
complete information and background.)
At the time of that request, both the City Attorney and City Manager had been under the
impression that the repeal of the permit fee was the only "immediate" action necessary for the
plaintiff to dismiss the lawsuit (see paragraph entitled PROPOSAL on page 2 of the November
14`h memorandum). However, there had been a request to modify Section 17 -206 of the "Code
of Ordinances" in the "near future" because of language that went beyond the intent of the
original ordinance.
Recently, however, Mr. Gray was notified by the plaintiff's attorney that the lawsuit would be
dismissed only when a second action of repealing Section 17 -206 was accomplished.
THE ISSUE:
The issue is simple; the current language in Section 17 -206 prohibits the hauling or transport of
any trash or refuse on any city street unless that hauler has a permit from the City of Owasso to
collect commercial waste. Certainly the intent of the language was not to prohibit someone from
collecting waste in Collinsville and transporting it through Owasso, but rather to require a permit
for the collection and transport of waste "collected" in Owasso. Thus, the literal interpretation
and enforcement of the existing language exceeds the practical powers granted to the City.
ORDINANCE #728
DECEMBER 12, 2002
PAGE 2
REQUEST:
This request is for City Council Action to adopt Ordinance #728. Should the City Council adopt
the proposed ordinance, the new language would reflect the intent of the original ordinance and
would respond to the request by the plaintiff, thus resulting in the dismissal of the legal action
taken by American Waste Control.
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. Therefore, declaring an emergency could clearly be
shown to be in the best interest of the citizens of the city.
RECOMMENDATION:
The staff recommends City Council adoption of Ordinance #728, such ordinance repealing the
existing language contained in Part 17, Chapter 2, Article B, Section 17 -206 of the Code of
Ordinances, and adding a new Section 17 -206 as shown in the attached ordinance.
ATTACHMENTS:
1. Proposed Ordinance #728
2. Memorandum Dated November 14, 2002
3. Ordinance #638