HomeMy WebLinkAbout2013 Ordinance No. 060•
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ORDINANCE NO. [po
SERIES OF 2013
BY AUTHORITY
COUNCIL BILL NO. 56
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 11, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, PERTAINING TO THE EXTENSION OF THE LIMITED WAIVER
OF THEW ASTE TRANSFER SURCHARGE .
WHEREAS , the City Council of the City of Englewood, Colorado passed Ordinance No . 25,
Series 1987, instituting the Waste Transfer Surcharge which imposed a twenty cent surcharge on
each cubic yard or portion thereof by each person disposing of trash at a waste transfer facility; and
WHEREAS, the Englewood City Council passed Ordinance No . 30 , Series of 1993, which
granted a limited waiver of the Waster Transfer Surcharge until December 31, 1995; and
WHEREAS, the Englewood City Council passed Ordinance No. 22, Series of 1995, which
authorized a limited waiver of the Waste Transfer Surcharge until December 31, 1998; and
WHEREAS, the Englewood City Council passed Ordinance No . 31, Series of 1999, which
granted a limited waiver of the Waster Transfer Surcharge until December 31, 2001; and
WHEREAS, the Englewood City Council passed Ordinance No. 14, Series 2002 extended the
waiver until December 31 , 2004; and
WHEREAS, the Englewood City Council passed Ordinance No. 29, Series 2005 extended the
waiver of the surcharge until December 31 , 2007 ; and
WHEREAS, the Englewood City Council passed Ordinance No. 1, Series 2008 extending the
waiver of the surcharge until December 31, 2009; and
WHEREAS, the Englewood City Council passed Ordinance No. 22, Series 2010 extending the
waiver of the surcharge until December 31, 2013; and
WHEREAS, the Englewood City Council passed Ordinance No. 56, Series of 2011 which
increased the Surcharge to $.43 per cubic yard effective January 1, 2012; and
WHEREAS, the passage of this proposed Ordinance will extend the waiver of the surcharge
until December 31 , 2016;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
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Section 1. The City Council of the City of Englewood, Colorado hereby approves an Ordinance
amending Title 4, Chapter 7, Subsection 11, with the extension of the Limited Waiver of the Waste
Transfer Surcharge to read as follows:
4-7-11: Limited Waiver of Surcharge : The requirements of this Chapter shall not apply during
the months of May, June, July, August and September to any Municipality which meets the
following criteria :
A . Incorporated with a City Hall within the boundaries of Arapahoe County.
B. Does not provide municipal collection of household solid waste directly or indirectly .
C. Offers to its citizens the collection of household trash on a limited basis during the
months of May, June, July, August and September.
This Section shall be effective only until December 31, wg 2016, after which time it shall be null
and void without further action of the City.
Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained .
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Section 3 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the •
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 4. Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 5. Effect of repeal or modification . The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty. The Penalty Provision of Section 1-4 -1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 21 st day of October, 2013.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 25th day of •
October, 2013.
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Published as a Bill for an Ordinance on the City's official website beginning on the 23rd day of
October, 2013 for thirty (30) days .
Read by title and passed on final reading on the 4th day of November_, 2013 .
Published by title in the City's official newspaper as Ordinance No.~ Series of 2013 , on
the 8th day of November, 2013.
Published by title on the City's official website beginning on the 6th day of
November, 2013 for thirty (30) days .
This Ordinance shall take effect thirty (30) days after publication following final passage.
7C f~~-Ra.u.t P . Penn, Mayor
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is J ~e copy of the Ordinance passed on final reading and published by
title as Ordinance No.w Series of 2013 .
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 21, 2013 11 a i Bill for an Ordinance to Extend
the Limited Waiver of the Waste
Transfer Surcharge
Initiated By: Staff Source:
Department of Finance and Administrative Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This action furthers intergovernmental cooperation between the cities of Englewood, Littleton and
Sheridan. The City Council passed Ordinance 30, Series of 1993 authorizing a limited waiver of waste
transfer surcharge until December 31, 1995, and Ordinance 22, Series of 1995 authorizing a limited waiver
of waste transfer surcharge until December 31, 1998. On June 7, 1999, Council approved Ordinance 31,
Series of 1999 on final reading that further extended the waiver through 2001. Ordinance 14, Series of
2002 extended the waiver until December 31, 2004. Ordinance 29 , Series of 2005 extended the waiver
until December 31 , 2007. Ordinance 1, Series of 2007 /2008 extended the waiver until December 31,
2009, but the Council Communication requested extending the waiver until December 31, 2010. Council
extended the waiver until December 31, 2013 with the passage of Ordinance 22, Series of 2010.
RECOMMENDED ACTION
Staff recommends approval of this bill for an ordinance extending the waste transfer surcharge until
December 31 , 2016 (three summer seasons).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood initially passed Ordinance 25, Series of 1987 on April 20, 1987 instituting the Waste
Transfer Surcharge. The Surcharge imposes a forty-three cent surcharge on each cubic yard or portion
thereof by each person disposing of trash at a waste transfer facility. The definition of "person" in the
ordinance includes political subdivisions of the State of Colorado.
Ordinance 56 , Series of 2011 increased the Surcharge to $.43 per cubic yard effective January 1, 2012.
The City of Englewood has received requests to continue the waiver of the surcharge for public purposes.
Englewood, Littleton, and Sheridan have requested waivers for their annual "clean-up" programs. The
waiver sunsets on December 31, 2013 so the waiver must be extended at this time for the 2014, 2015, and
2016 annual cleanups.
FINANCIAL IMPACT
The waiver will reduce potential revenues by an estimated $2,000 annually.
LIST OF ATTACHMENTS
• Proposed Bill for an Ordinance