HomeMy WebLinkAbout2011 Ordinance No. 056ORDINANCE NO. BP
SERIES OF2011 -
BY AUTHORITY
COUNCIL BILL NO. 65
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 3, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, PERT AJNING TO INCREASING WASTE TRANSFER FEES .
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 to
offset the impact of heavy vehicles and other traffic using the waste transfer station on the City's
streets and bridge; and
WHEREAS, the waste transfer fee has not been adjusted for inflation since it was imposed in
1987; and
WHEREAS, the cost of street and bridge repairs and rep iacement ha\'e increased significantly
since 1987; and
WHEREAS, the passage of this Ordinance will increase the Waste Transfer Surcharge from
S.20 ( 1987) to $.50 per cubic yard effective January I, 2012.
NOW, THEREFORE, BE IT ORDAINED B\ rHE CITY COUNCJL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
~-The City Council of the City of Englewood, Colorado hereby approves an Ordinance
amending Title 4, Chapter 7, Section 3, to read as follows :
4-7-3: • Surcharge Imposed.
On and after the effective date hereof, there is hereby levied and shall be paid and collected a
surcharge of~ .lill:.:,cents ($0.~ .i2) on each cubic yard or portion thereof by each person
disposing of trash at a wrnc transfer facility, including upon each person disposing of truh by
his own vehicle at his own facility, whether for a charge or not. Said surcharge is in addition to
all other taxes, surcharges and fees imposed by law.
~ SgfeJY 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 preserva ;on of health and .safety and for the protection nf public convenience and
welfare. The Cll, Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained .
~ Severability. If any clause, sentence, paragraph, or part of thls Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a oourt of
l
compc1c:nt jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
nf this Ordinoncc or it application to other persons or circwnqtonccs.
Section 4. Inconsistent Or~inanccs . All ether Ord inances or ponions tl1crcuf inconsistent or
conflicting with this Ordinance or any ponion hereof arc hcrchy repealed to the c,tc:111 of such
inconststency or conflict.
~ Effect of repeal or modification . The rci>cnl or modification of nny provision of
the Code of the City of Iln~lcwood by thi• Ordinuncc shall not release, extinguish, niter, modify,
or chunge in whole or in pan any pcnuhy, forfeiture, ur liubility, 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 sustuining any and nll proper actions, suits,
J>roccedings , And prosecutions for th<: cnforr.r.mcnt nfthc pcnohy, forfeiture, or liehility, as well
3S for 1he purpose or sustaining any judgment, decree, or order which can or may be rendered,
entered, or madt: in such actions, suits, procccJings, or prosecution~.
Section 6. l'ennlty. The Penally Provision of Section 1-4-1 EMC shull npply t~ each and
~very violntinn nf thi~ Ordinance.
Introduced, ,cad in full , and passed on first rending on tho Jrd day t1fOctobcr, 201 I.
Published by Title as• Bill for nn Ordinance in the City's official newspaper on the 7th day of
October, 20 I I.
Published us a Bill for an Ord inance on the City's official wcbsi• beginning on the 5th day of
October, 2011 tor thiny (30) days.
Reud by title am: passed on Jina! reading on the 17th day of October.2011 .
Published by title in the City's official newspoper as Ordirumce ~o~, Seri"" of 201 I, on
the 21st day of October, 20 I I.
Published by title on lhe City's official website beginning on the 19th day of
October, 201 I for lhiny (30) day,.
Y!:;'1,7~ 0
-~' es K.oodword , Mayor .
a A. Elhs, City Clerk (
I, Loucrishia A . Ellis, City Clerk of the City of Englewood, c~lnrndo, hereby r.enify that the
above and foregoing is_!.Jrue copy of the Ordinance passed on Iii.al reading and published by
title as Ordinance No.~. Series of 2011 .
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COUNCIL COMMUNICATION
Dale Agenda 11cm Subject
October 3, 2011 11 a Ii A Bi ll for an Ordinance amending 4 7-3 of
the Enclewood Municir,al Code to
increase the Waste Transfer Fee
Initiated 0)' Slaff Source
Cily uf Englewood, Finance and Adm inistrative Frank Gryglewicz, Director
Services Department
COUNCIL COAL AND PREVIOUS COUI\Cll ACTION
City Council disc:is ,ed th is issue at the August 1 and August 22, 2011 study sessions . Council directed staff
to prepare the necessary bill for an ordinance increasing the Was te Transfer Surcharge from $ 20 (1987) to
$.50 per cubi c yard effective January 1, 2012 .
RECOMMENDED ACTION
Staff reco:iimends the City Coui:cil apµru ve the att ached bill for an ordinance amending 4-7-3 (Surcharge
Imposed) of the Enslewood Municipal Code .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IIJENIIHED
In 1987, the City o f Englewood imposed a surcharge ol $.20 per cub.c yard of waste to offset .the impact of
heavy vehicles and other traffic using the waste transfer station on the City of Englewood's streets and
bridges.
This fee has not been adjusted for inflation since it was imposed in 1987, but the cost of street and bridge
rep ilir and replacement have gone up significantly since that time. The fee increase proposed is the original
$.20 per cubic yard inflated at three per cent per year to 2011 (25 years).
Finan ce and Admin is trative Serv ices staft attempted to contact valiocs trash haulers and the City's waste
transfer station but have not received any feedback regarding the fee increase.
FINANCIAL IMPACT
This action will provide approximately $171,000 per year to offset the ongoi 1g Lost of street and bridge
maintenance .
UST OF ATTACHMENTS
Proposed Bill for an Ordnance