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HomeMy WebLinkAbout2002 Ordinance No. 014ORDINANCE NO. i!/::. SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO . 11 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 11 , OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO THE EXTENSION OF THE LIMITED WAIVER OF THE WASTE 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 per110n disposing of trash at a waste transfer fac 1 ~y; and WHEREAS . the Englewood City Council passed Ordinance No . 30, Series of 1993, wluch 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 Was ter Transfer Surcharge until December 31 , 2001, and WHEREAS, the passage of this proposed Ordinance will extend the waiver of the surcharge until December 31, 2004; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO, AS FOLLOWS : Si:s:ilim...1 -The City (' ,uncil 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 requireme.1ts of this Chapter shall not apply during the months of May, June, July, August and 3,ytember to any Mt1nicipality which meets the following criteri a: A. Incorporated with City Hall within the IY.>undar1cs 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 montha of May , June, July. August and September. -1- Thib Section s hull be effccti\'e only until December 31,..goo+ ZQ.0..1, after which time it s hall be null and void without further action of the City. ~ Sgfety 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 promulgntcd for the health, safety, and welfare of the public , nnd that thi s Ordinance is necessary for the preservation of health and safety und for the protection of public convenience and welfare. The City Council further determines that the Ordinance be ars a rational relation to the proper legislative object s ought to be obtained. ~ SeverabilitY If any cl a use. se ntence , para graph, or part of this Ordinnnce or the app lica tion thereof to any person or cir cum stances s hall for any rea so n be adjud ge d by a court of competent jurisdiction invalid , such judgment shall not affect, impa ir or invalidate the remainder of this Ordinance or it application to other persons or circum s ta nces . ~ ~1\sisteot Ordinonc es All other Ordinances or portions the~of inconsistent or conflicting with this Ordinance or uny portion hereof are hereby repealed to the extent of such inconsistency or conflict . .5.e.ttiwlJi. Effect of repeal or modification The repeal or modification of any provi s ion of the Code of the City of Englewood by thi1:1 Ordinance shall not release , extinguish, a lter, modify. or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have be en incurred under such provision, and each provis ion shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actione, 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 mnd e in such a~tions, suits, proceedings, or prosecutions. ~ ~11,y_. The Penalty Provision of Sec tion 1-4-1 EMC shall apply to each and C\'ery violation of this Ordinance. Introduced , rend in full. a nd pa sse d on fir st rending on the 1st day of April, 2002. Publis hed as n Bill for an Ordinance on the 5th day of April. 2002 . Head by title and passed on final reading on the 15'" day of April, 2002. • • • Published by title as Ordinance No . (f..seriee of 2002, on the 19th day of April , 2002. ~ I, Loucriahia A. Ellie , City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true COP)l.J/the Ordinance p Jon final reading and publieh•d by title as Ordinance No.~ Series of 002. -3- COUNCIL COMMUNICATION Date Agenda Item Subject April 1, 2002 10 a ii Bill for an Ordinance to Ext end the Limited Waiver of the Waste Transfer Surchar2e Initiated By I Staff Source Deoartment of Financial Services Frank Grv~lewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This action furthers intergovernmental cooperation between the citiei of Engle w ood, Littleton and Sheridan. The Ci ty 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 ,)rdinance 31, Series of 1999 on final reading that further extended the waiver through 2001 . RECOMMENDED ACTION Staff recommends approval of this bill for an ordinance extending the waste transfer su rc harge until December 31 , 2004 (three summer seasons). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Engle w ood passed Ord'nance 25, Series of 198 7 on Apri l 20, 1987 instituting the Waste Transfer Surcharge. The Surcharge imposes a twenty-c m! surch~rse on each cubic yard or portion thereof by each person disposing of trash at a w aste transfer fac ,i i,y. The definition of "person" in the ordinance includes political subdivisions of the State of Colorado. The City of Engle wood has recei ved requests for waiver of the surcharge for public purposes. Englew,,od, Littleton, and Sheridan have requested waivers for their annual "clean-up" programs, The City Council of Englewood approved Ordinance 31 , Series of 1999 to approve t he waiver of the surcharge. The waiver suns~t on December 31 , 2001 so the wai ver must be e::tended at this time for the 2002, 2003, and 2004 annual cleanups. FINANCIAL IMPACT The waiver will redu ce p-J tential revenues by an estimated $1 ,000 annually. LIST OF ATTACHMENTS Proposed Bill For Orainance