Garbage Collection Amendment to save Residents $1.50 per month Sponsored by Councilman Dan McGinn

ORDINANCE – G -2012 – 19 INTRODUCED BY: DAN McGINN
COMMITTEE: PUBLIC WORKS (PW)

AN ORDINANCE AMENDING CHAPTER 8.05
(HEALTH AND SANITATION)
OF THE EVANSVILLE MUNICIPAL CODE

WHEREAS, the Evansville Water and Sewer Utility recommends that Chapter 8.05 of the Evansville Municipal Code be amended to revise service fees and eliminate certain sections regarding yard waste collection; and

WHEREAS, the City Council of the City of Evansville (“City Council”) wishes to adopt such recommendation by amending Chapter 8.05 of the Evansville Municipal Code.

NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Evansville, Indiana, that Chapter 8.05 of the Evansville Municipal Code is hereby amended as follows:

SECTION 1. AMENDMENT OF SECTION 8.05.050 OF THE EVANSVILLE MUNICIPAL CODE.

Section 8.05.050 of the Evansville Municipal Code shall be amended by deleting said Section as presently constituted and substituting in lieu thereof the following:

“8.05.050 Container regulations.
The occupying owner or occupying tenant of any dwelling unit, apartment house, building, or structure, for which provisions are made for the collection of household refuse at public expense, shall provide the dwelling unit, apartment house, or building with a standard 96 gallon or 48 gallon cart to be supplied by the City. Each occupying owner or occupying tenant of each dwelling unit shall cause to be placed at the curb or at the alley location such 96 gallon or 48 gallon cart. [Ord. G-69-9, passed 2-17-69. 1962 Code § 933.04; 1982 Code § 93.11; 1983 Code § 9.93.11.]”

SECTION 2. AMENDMENT OF SECTION 8.05.070 OF THE EVANSVILLE MUNICIPAL CODE.

Section 8.05.070 of the Evansville Municipal Code shall be amended by deleting said Section as presently constituted and substituting in lieu thereof the following:

“8.05.070 Definitions.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Refuse” means, by way of example but not limitation, such items as discarded containers, organic matter, paper, and small solid objects, capable of being placed in a standard container as also defined herein, and any other items that might be defined as “refuse” under the terms and conditions of a contract for refuse collection services, which may be entered into by the Water and Sewer Utility Board as authorized herein, which contract shall be on file in the office of the Water and Sewer Utility.

“Residential unit” means an occupied or unoccupied single-family residential dwelling unit specifically including but not limited to a mobile home, and each individual housekeeping, living, or dwelling unit of a multifamily building.

“Standard container” shall mean a leakproof container of either 96 or 48 gallon capacity provided by the City. [Ord. G-89-14, passed 4-3-89; Ord. G-87-9, passed 3-9-87; Ord. G-84-11, passed 3-26-84; Ord. G-81-37, passed 9-30-81. 1962 Code § 926.01; 1982 Code § 93.25; 1983 Code § 9.93.25.]”

SECTION 3. AMENDMENT OF SUBSECTION (B) (1) OF SECTION 8.05.090 OF THE EVANSVILLE MUNICIPAL CODE.

Subsection (B) (1) of Section 8.05.090 of the Evansville Municipal Code shall be amended by deleting said Subsection as presently constituted and substituting in lieu thereof the following:

8.05.090 Scope of services – Fee – Billing.

“(B) Fees.

(1) Effective Billing Date: January 1, 2010. There is hereby imposed a fee of $11.45 per month upon each residential unit contained in a structure consisting of one to five residential units. (Effective Billing Date: January 1, 2011 – $11.80 per month. Effective Billing Date: January 1, 2012 – $12.15 per month. Effective Billing Date: January 1, 2013 – $10.65 per month.)”

SECTION 4. AMENDMENT OF SUBSECTIONS (C) AND (D) OF SECTION 8.05.090 OF THE EVANSVILLE MUNICIPAL CODE.

The words “Department of Waterworks” shall be deleted from each of said Subsections (C) and (D) of Section 8.05.090 and the words “Water and Sewer Utility” shall be substituted in lieu thereof.

SECTION 5. AMENDMENT OF SUBSECTIONS (A) AND (B) OF SECTION 8.05.110 OF THE EVANSVILLE MUNICIPAL CODE.

The words “Department of Waterworks” shall be deleted from each of said Subsections (A) and (B) of Section 8.05.110 and the words “Water and Sewer Utility” shall be substituted in lieu thereof.

SECTION 6. AMENDMENT OF SUBSECTION (C) OF SECTION 8.05.120 OF THE EVANSVILLE MUNICIPAL CODE.

The words “Department of Waterworks” shall be deleted from said Subsection (C) of Section 8.05.120 and the words “Water and Sewer Utility” shall be substituted in lieu thereof.

SECTION 7. AMENDMENT OF SECTION 8.05.160 OF THE EVANSVILLE MUNICIPAL CODE.

Section 8.05.160 entitled “Yard waste collection” shall be deleted in its entirety.

SECTION 8. AMENDMENT OF SECTION 8.05.170 OF THE EVANSVILLE MUNICIPAL CODE.

Section 8.05.170 entitled “Recycling bins and recyclable materials – Definitions” shall be re-numbered as Section 8.05.160 and entitled “Recycling carts and recyclable materials – Definitions”, and the word “bin” or “bins” shall be replaced by the word “cart” or “carts” throughout said Section.

SECTION 9. EFFECTIVE DATE.

This Ordinance shall be in full force and effect after its passage by the City Council and signing by the Mayor.

PASSED BY the Common Council of the City of Evansville, Indiana, on the _____ day of ___________, 2012, and on said day signed by the President of the Common Council and attested by the City Clerk.

_____________________________________________
Constance Robinson, President of the Common Council,
City of Evansville, Indiana

ATTEST: ____________________________________
Laura Brown, City Clerk
City of Evansville, Indian

Presented by me, the undersigned City Clerk of the City of Evansville, Indiana, to the Mayor of said city, this ______ day of _______________, 2012, at __________ o’clock ___.m. for his consideration and action thereon.

_____________________________________________
Laura Brown, City Clerk
City of Evansville, Indiana

Having examined the foregoing ordinance, I do now, as Mayor of the City of Evansville, Indiana, approve said ordinance and return the same to the City Clerk this _____ day of ______________, 2012, at _________ o’clock ___.m.

_____________________________________________
Lloyd Winnecke, Mayor
City of Evansville, Indiana

APPROVED AS TO FORM
BY TED C. ZIEMER, JR., CORPORATION COUNSEL

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