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Code of Ordinances Amendment - Title 13 Solid Waste Rates and Charges FY16 Copyright 2014 City of Dubuque Action Items # 5. ITEM TITLE: Code of Ordinances Amendment - Title 13 Solid Waste Rates and Charges SUMMARY: ORDINANCE Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13-6A-6 Rates and Charges Established; Exceptions SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ❑ Ordinance Change Memo Staff Memo ❑ Ordinance Change Ordinance ❑ Suggested_Motion A& B Supporting Documentation Dubuque THE CITY OF AII-America City UB &E 1 Masterpiece on the Mississippi 2007.2012.2013 TO: Michael C. Van Milligen, City Manager FROM: Donald J. Vogt, Public Works Director DSV SUBJECT: Proposed Revisions to Section 13-6A-6 of the Code of Ordinances DATE: March 3, 2015 INTRODUCTION The purpose of this memorandum is to submit a proposed ordinance for your review and approval. This ordinance would revise paragraphs A, B, and C of Section 13-6A-6. DISCUSSION Title 13 of the Code of Ordinances is entitled "Public Utilities". Chapter 6 of Title 13 is entitled "Solid Waste". Chapter 13-6A-6 is entitled "Rates and Charges Established; Exceptions". 1 recommend revision of paragraphs A, B and C of Section 13-6A-6 upon the City Council's approval of the $13.90 base monthly refuse and recyclables collection service fee proposed for fiscal year 2016. Attached are the recommended ordinance and Effect of Amendment detailing the changes proposed for Section 13-6A-6. RECOMMENDATION Staff recommends that the proposed ordinance be approved by the City Manager and the City Council. Attachments ORDINANCE NO. 17-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13-6A-6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-6A-6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of thirteen dollars and ninety cents ($13.90) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35- gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: 1. When a class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class I premises is vacant. 2. Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for one and two (2) person households may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. 3. In cases of extreme financial hardship, the city manager may, and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager may deem necessary. 4. Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for the size of that household may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. B. Class 11 Premises: 1. A fee of thirteen dollars and ninety cents ($13.90) per month shall be paid to the city by the property owner of each class 11 premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class 11 premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. C. Class HI Premises: 1. A fee of thirteen dollars and ninety cents ($13.90) per month shall be paid to the city by the property owner of each class 111 premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class 111 premises served by city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and III premises are as follows: 1. A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. 2. Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional five dollars ($5.00) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 3. A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additional twelve dollars ($12.00) each per month. 4. Solid waste carts, owned by the city for semiautomated lifting, may be subscribed by owners and/or property managers of class I, !land 111 premises. The customer shall choose the number and size of the cart. The fee for a sixty-four (64) gallon city cart shall be twenty-two dollars ($22.00) each per month. The fee for a ninety-six (96) gallon city cart shall be thirty- three dollars ($33.00) each per month. 5. Official city of Dubuque single use stickers costing one dollar and fifty cents ($1.50) shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 6. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class 11 or class 111 premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) weeks following Christmas, excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. 7. In alleys where solid waste carts, owned by the city for semiautomated lifting, are required to be subscribed by owners, tenants and/or property managers of class 1, 11, and 111 premises where the approved set out location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: 1. A fee of ten dollars ($10.00) shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. 2. An additional fee of twelve dollars and fifty cents ($12.50) shall be paid for each additional three (3) cubic yards of solid waste. 3. An additional fee for tires, equal to the disposal fees charged at the Dubuque metro landfill, shall be paid to the city by the owner for each tire. 4. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each appliance collected in the service. 5. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for service on a day not receiving weekly collection at the service address. 6. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for immediate service or whenever crews are sent back to the service address to collect items that were not properly set out on time as previously scheduled. Section 2. This Ordinance shall take effect on the 1st day of July, 2015. Passed, approved and adopted this 12th day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. leason, Assistant City Clerk EFFECT OF AMENDMENT 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of thirteen dollars and ninety 'We uF cents ($13.90-24) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of"solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: 1 . When a class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class I premises is vacant. 2. Class I premises when the head of the household is sixty-five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for one and two (2) person households may, upon application to the city manager, be exempted from one-half ('/z) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. 3. In cases of extreme financial hardship, the city manager may, and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager may deem necessary. 4. Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for the size of that household may, upon application to the city manager, be exempted from one-half ('/z) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. B. Class II Premises: 1 . A fee of thirteen dollars and ninety tWeRty f061 cents ($13.90-24) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of 5 one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class II premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. C. Class III Premises: 1 . A fee of thirteen dollars and ninety tWeRty f061 cents ($13.90-24) per month shall be paid to the city by the property owner of each class III premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class III premises served by city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and III premises are as follows: 1 . A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. 2. Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional five dollars ($5.00) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 3. A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additional twelve dollars ($12.00) each per month. 4. Solid waste carts, owned by the city for semiautomated lifting, may be subscribed by owners and/or property managers of class I, II and III 6 premises. The customer shall choose the number and size of the cart. The fee for a sixty-four (64) gallon city cart shall be twenty-two dollars ($22.00) each per month. The fee for a ninety-six (96) gallon city cart shall be thirty- three dollars ($33.00) each per month. 5. Official city of Dubuque single use stickers costing one dollar and fifty cents ($1 .50) shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 6. Multiple-family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class II or class III premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) weeks following Christmas, excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. 7. In alleys where solid waste carts, owned by the city for semiautomated lifting, are required to be subscribed by owners, tenants and/or property managers of class I, II, and III premises where the approved set out location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: 1 . A fee of ten dollars ($10.00) shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. 2. An additional fee of twelve dollars and fifty cents ($12.50) shall be paid for each additional three (3) cubic yards of solid waste. 3. An additional fee for tires, equal to the disposal fees charged at the Dubuque metro landfill, shall be paid to the city by the owner for each tire. 4. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each appliance collected in the service. 5. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for service on a day not receiving weekly collection at the service address. 7 6. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for immediate service or whenever crews are sent back to the service address to collect items that were not properly set out on time as previously scheduled. 8 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 18, 2015, and for which the charge is $90.69. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, g% -) ,20/5 . this MO day of /Notary Public in and for Dubuque County, Iowa. MARY K. WESTEREYER Commission dumber 154885 My Comm, Exp. FEB 1, 2017 OFFICIAL ,PUBLICATION ORDINANCEN0.17-15 —OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC, • UTILITIES, CHAPTER 6 ' SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION. SERVICE, sEctiON 13-6A-6 RATES AND CHARGES 1 ESTABLISHEJ3; EXCEP- TIONS • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF. DUBUQUE, I IOWA: I Sedtion 1, Section 13- It 6A:6 of the City of DubuqUe • Code of Ordinances is hereby amended to read as follows: _ I [11-6A-6: RATES AND CHARGES ..ESTAI3LISH- ED; EXCEPTIONS: A. Class I Premises: Except • as qualified below, a fee of thirteen dollars • and ninety cents ($13-90) per dwelling , unit per month shall be paid to the city b the property owner of each class , I premises for such -services. Said fee Shall be in paymeht for collection and disposal of one 35 -gallon can or one 35-galion trash bag [ of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected cOn- taining • acceptable "recyclable materials" • as • defined in this chapter. Exceptions to the collection charges for class I premises are as follows: 1. When a class I [ premises has been • vacant for a period not less than three (3) consecutive months, the owner may apply • to the city manager for a credit under pro- cedures to be established by the city manager. Such credit shall 'continue only so long as the class premises is vacant. 2. Class I premises when the 'head of the household' is sixty five (65) years of age or older •and has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for one and two (2) person households may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial •application, annual application shall be made by the head of household on July 1 of each year to verify annual income • and 3. In cases of extreme financial hardship, the city manager may, and is hereby authorized •and empowered to; make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager ,may deem necessary. 4. Class I premises when a • family household of five (5) or more persons has an annualincome equal to or lets than the income standards used by HUD for its • "section • 8 housing program" for the size of • that [ household may, upon application to the city, manager, be exempted froro„one-half (1/2) the established collection charge. After the initial apphcation, annual application shall be, made by the head of household op -July 1 of each year to verify annualincome and eligibility. B. Class II Premises: • 1. A fee of thirteen dollars and ninety cmeonnttsh s h(a$1113hSe0 )o al dp to the city • by the property ownerof each class II premises for suchservices. Said fee shall be in payment for one 35 -gallon trash bag collection and disposal of one 35 -gallon can or of "solid waste" ,,as defined. There is no limit on the number of bins allowed to be collected , containing acceptable "recyclable materials as defined. 2 The owner of a class • II premises served bythe city solid waste collection niay provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termin- ation of service shall be effective at the beginning of the next - 1 billing period after such fourteen (14) day notice period. C, Class III Preniises: 1. A fee of thirteen dollars and ninety cents ($13.90) per raerith cityshby• th shall bepaidto thee property owner of each class III premises for such services. Said fee shall be in payment fOr collection and disposal of one 35 -gallon can or one 35 -gallon trash bag f "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable 'recyclable • materials" as defined. 2. The owner of a class III premises served by c ty solid waste collect en may provide the city manager with not less than fourteen (14) days' written notice of • intent to terminate the service. Such termin- ation of service shall be effective at the beginning of the next billing period • after 1 such fouirteeri (14) day notice period. D. Unit Biased Pricing: Collection options and charges under unit based pricing for Class I, II and III.premises are as follows: 1. A yearly sub- scription for weekly collection of an addi- tional standard solid waste container, or containers, may be subscribed for an additional eight dollars I ($8.00) each per month. dard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional five dollars ($5.00) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any I loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container, shall weigh no morethan forty (40). Pounds. - 3. -A yearly sub- scription for weekly collection of an additional oversized solid Waste container, or containers, may be asl audrbdssi Itc(i Sar alb2aeild00;t7 eeIralovcra eh dol- nr month. 4. Solid waste carts, owned by the, city for semiautomated may be subscribed by I owners and/or pro- perty managers of class I, II and III premises. The custo- mer shall choose the number and size of the cart:(64) Thefee for a sixty- fourgallon city cart shall be twenty- two dollars ($22.00) each per month. The fee for a ninety-six (96) gallon city cart shall be thirty-three dollars ($33.00) each per month. 5. Official city of Dubuque singleuse stickers costing one dollar and fifty cents ($1.50) shall be applied to each additional standard solid waste container or small bulky or bundled item I in excess of the one standard solid [ waste 1 container collected un- I der the base monthly 11 solid waste fee or any1 additional subscribed contai ner(s). 6. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class II or class III prerriises sharing a common set [ out location with other t city solid , waste 1 customers shall only use approved rigid solid waste containers with permanent identi- fication, as to the specific premises. How- ever, for the two (2) weeks following Christ- mas, excess solid waste may be set out in trash bags with applied city ,of Dubu- que single use stickers. • 7. In alleys where solid waste carts, owned by the city for seroiaUtomated lifting, are required to be subscribed by owners, tenants and/or pro- perty managers of class I, II, and 111 premises where the approved set out location is in an alley. The ,, customer shall choose -the number and size of the cart(s). ssuubcashcfre.icbeae—'4sdc''fiesdhual accordingel l aridbe toeradram requirements Il as -approved manager, t. Collection: • E. Special0 a vsThepiceec foriaI1ar gcollectionetoand b ustlehk ye 'charge r- sreugcnuheerstese8dhrvaiii bybe as ow follows: equivalentb y th the Powoften e nof solid dollars time($11.0AM 0f shallt5heeoner r 0 fboer t oepaid eh pa2 cents idAtwelve Anadditional for($dlo211.a5eservice l cubic• fifty bi be s Provided f° tPhree (3) [ N ttysoadi. eoatahw4 .1 disposal entdi Adh.tol esfhensbri dollarsol eaefl af, Dol dpsolid sdaol behei city. l tcgol i h:ofeabtbi additionaleyrMee15eetfatehroi in • addi- tional the 1 I 1 waste.cubic yards fee of fore owrler or 3.tires, reeeci Ls, a lf charged waste. f h e ($10.00) b y h id tthe city applianceten neservice. collected 5. An additione:$:fleoe.obOoe)f twaoheneeheaekeldyudollars • f • to rreceiving service eshohaileuebteio.pnariedd[tdo the city , [ by the owriecirLtfeosrteedabcyh e ce owner collection at t ress. 6. An additional fee of rubbish each dwelling unitnerecewivniongn shall bepald'to the city ten dollars ($10.00) by the owner for each collection requetsoted by 1 the ' [ owner, 01.i , imme- diate scheduled f • or [ diate., service service ' crewstathe se - [III[I back kddress to whenever sent col fect.itemt[ that were as pseretveloutuselYa timescheduled.c[. This Ordinance shalltake Section 2.of effect on the 1st day July, 2015. Passed, ahrisPrOved and adopted t2151.2th day , of March,D 0 not properly /s/RoY. Buol, Mayor Attest: /s/Trish',L[' Gleason,,Assistant City Clerk Published officially in Telegraph Herald •newspaper on day of March,. Assistant City Clerk lt 1/18 the the 18th