Item Coversheet

Ordinance

NO. 163

A Resolution Adopting Ordinance No. 10-2017, an Ordinance to amend section 36 of Chapter 1064 of the City Code to provide an exception to separately billing owners of multiple residential structures where the owner has entered into a contractual agreement directly with the City refuse contractor.

BATTLE CREEK, MICHIGAN - 7/18/2017

Resolved by the Commission of the City of Battle Creek:

 

That Ordinance No. 10-2017 was introduced On July 11, 2017.

 

Section 1. An ordinance to amend section 36 of Chapter 1064 regulating billing by the City for Garbage and Rubbish Collection and Disposal, to provide an exception to the City separately billing owners of multiple residential structures of less than four units where the owner has entered into a contract directly with the City contractor, as is attached and made a part hereof.

 

Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

 

Section 3. All ordinances or parts of ordinances, in conflict with any of the provisions of this Ordinance, are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.

 

Section 4. This Ordinance shall take effect ten (10) days from the date of its adoption, in accordance with the provisions of Section 4.3(B) of Chapter 4 of the City Charter.









I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on July 18, 2017.


Victoria Houser

Battle Creek City Commission
7/18/2017
Action Summary

Staff Member: Jill Humphreys Steele, City Attorney 
Department:City Attorney 
SUMMARY 
A Resolution Adopting Ordinance No. 10-2017, an Ordinance to amend section 36 of Chapter 1064 of the City Code to provide an exception to separately billing owners of multiple residential structures where the owner has entered into a contractual agreement directly with the City refuse contractor.
BUDGETARY CONSIDERATIONS

There are none.


HISTORY, BACKGROUND and  DISCUSSION
A local resident who owns two, four-unit apartment buildings located in the City has entered into a contract with Waste Management (WM), the City contractor for refuse pickup, to pay WM directly for providing refuse pickup at these two apartment buildings. Our current ordinance requires that the City bill residential units with four or less units separately, which would result in the owner having to pay twice for service.
 
According to Chapter 1036 of ordinances, these units, given that there are four or less in each building, are treated like any other residential property and are part of residential pickup.  Rather than have eight tenants put their trash out weekly, the property owner contracts with Waste Management for a single dumpster at each unit on an annual basis. This amendment to the ordinance would help the City to be more flexible with owners of structures with two to four units in each where they have separately contracted with WM and are in good standing, while still meeting the City's interest to ensure refuse is properly collected.


DISCUSSION OF THE ISSUE

POSITIONS
The City Manager's office has requested, and is in support of, this proposed ordinance amendment.
ATTACHMENTS:
File NameDescription
1064_ordinance_revisions_for_separate_contract_for_refuse_06.26.17.docx1064.36 Ordinance revision for separate contract for refuse