CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 5. SOLID WASTE UTILITY

This article shall be known as the “Solid Waste Utility.”

(Ord. 90; Ord. 1622-08, Sec. 1; Code 2009)

It is found, determined, and declared that a curbside recycling program that provides for the collection and recycling of recyclable materials and that is designed to provide services to all residential dwelling units within the city limits of the City of Kechi, Kansas, is of benefit to all residential dwelling units within the city limits.

It is further found, determined, and declared that the collection and recycling of recyclable materials, as part of a curbside recycling program, should be provided by a contract recycling program hauler pursuant to a written contract with the City of Kechi, Kansas.

It is further found that pick up of recyclable materials on a weekly basis maximizes the benefits to the residents of the City who wish to recycle and to the City as a whole.

It is further found that selection of a contract recycling program hauler who can provide solid waste removal services to residential dwelling units within the city limits along with pick up of recyclable materials should provide all residents who are required to pay a recycling program fee the opportunity to contract for solid waste pick up at a monthly rate that will result in a net reduction or no net increase in their future cost for solid waste pick up (including the monthly recycling program fee) compared to their current cost for solid waste pick up with no curbside recycling availability.

(Ord. 90; Ord. 1622-08, Sec. 1; Code 2009)

In addition to the words, terms and phrases elsewhere defined in this article, the following words, terms and phrases as used in this article shall have the following meanings:

(a)   Contract solid waste and/or recyclable materials collector means any individual, firm, partnership, corporation, or company under contract with the City of Kechi, Kansas to provide solid waste collection and/or curbside recycling.

(b)   Curbside recycling means the weekly collection, by the contract recycling program collector, of recyclable materials, contained in bags and containers provided by the contract recycling program hauler, at the public street curb of each residential dwelling unit.

(c)   Recyclable materials means newspaper, phonebooks, junk mail, glossy paper including magazines and catalogs, white and pastel colored office paper, tin and aluminum cans, #1 and #2 plastics, glass, cardboard and brown paper sacks, motor oil and, automotive batteries.

(d)   Solid waste means and shall include putrescible waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce and other foods and non-putrescible materials such as paper, tin cans, bottles, glass and ashes but not lawn and tree waste, appliances, furniture, electronics, construction waste, batteries, tires, motor oil or hazardous materials.

(e)   Residential dwelling unit means a singular unit providing independent living facilities for one or more persons in a single-family, duplex, multifamily or condominium residential property, located within the corporate limits of the City of Kechi, Kansas, which receives a monthly utility services bill from the City of Kechi, Kansas.

(f)   Solid waste utility means the utility created by this ordinance to administer the curbside recycling system set forth in this ordinance.

(Ord. 90; Ord. 1622-08, Sec. 1; Code 2009)

The City of Kechi, Kansas does hereby establish a solid waste utility, a system for the collection of solid waste and a curbside recycling system and declares its intention to be responsible for the operation and administration of said solid waste utility, a system for the collection of solid waste and a curbside recycling system.

(Ord. 90; Ord. 1622-08, Sec. 1; Code 2009)

In accordance with K.S.A. 12-3301 et seq., the Solid Waste Code for Municipalities of Sedgwick County, Kansas, as prepared and published by the Environmental Health Division, Wichita-Sedgwick County Department of Community Health is hereby adopted by reference in its entirety to be applicable to the city. However, and notwithstanding any other provisions herein to the contrary, in the event any provisions contained within this article are in conflict with the solid waste code, then, and in that event, this article and the provisions hereof shall control.

(Ord. 90, Sec. 1; Ord. 1622-08, Sec. 1; Code 2009)

The occupant of all nonresidential premises and the owner of all single family dwellings and apartments, and mobile home parks, shall arrange, contract and pay for the collection of, and have collected solid waste, at least weekly, by a solid waste collector licensed by the Sedgwick County, Kansas, Department of Community Health, and to whom has been granted a permit from the city, with such service being at all times in accordance with the terms of this section, the Solid Waste Code of Sedgwick County, Kansas, adopted herein, and the solid waste system of Sedgwick County, Kansas. If the City Administrator or the Wichita-Sedgwick County Department of Community Health determines that, in the interest of health or safety, there shall be more frequent collections, then the occupant or owner shall, within 14 days after receipt of such determination, commence the collection as recommended.

(Ord. 90, Sec. 3;Ord. 1622-08, Sec. 1; Code 2009)

The solid waste utility, under the direction of the city administrator or his/her designee, shall have the power to:

1.    Administer and oversee the operation of a program for curbside recycling.

2.    Negotiate a contract for a minimum of three years duration with a contract recycling program hauler to operate the curbside recycling program pursuant to this ordinance with an essential element of such contract being the guarantee, for the duration of the contract, of a monthly fee for weekly, curbside pick up of recyclable materials; a guarantee, for the duration of the contract, and the guarantee, for at least one year, of the monthly fee for weekly, solid waste pick up at the public street curb for residents desiring to contract for such services with provision that any increase in such fee for solid waste pick up be approved by the governing body.

3.    Administer and enforce this ordinance and all contracts, regulations and procedures adopted relating to the operation of the program for the collection of solid waste and the curbside recycling system and there is hereby established an administrative fee of no more than $.50 per month to be charged to each residential dwelling unit to cover the actual costs of billing for the recycling program fee.

4.    Advise the city council on matters relating to the contract with the contract recycling program hauler and the curbside recycling program.

5.    Make recommendations to the city council concerning establishing ordinances and regulations concerning the collection of solid waste, recycling and solid waste management.

6.    Collect the recycling program fees established pursuant to this ordinance and make payments to the contract recycling program hauler in accordance with the contract entered into pursuant to this ordinance.

7.    Analyze the cost of services and benefits provided by the system for the collection of solid waste and the curbside recycling program and the fees and other revenues of the solid waste utility annually.

(Ord. 90; Ord. 1622-08, Sec. 1; Code 2009)

Commencing with the month that collection by the contract recycling program hauler begins, there is imposed on each and every residential dwelling unit located within the corporate limits of the City of Kechi, Kansas a recycling program fee as established by a resolution of the City Council of the City of Kechi, Kansas. Such recycling program fee may be amended from time to time by a resolution of the City Council of the City of Kechi, Kansas.

(Ord. 90; Ord. 1622-08, Sec. 1; Code 2009)

The recycling program fee shall be billed and collected monthly with the monthly utility services bill. The recycling program fee shall be part of a consolidated statement for utility customers which shall be paid by a single payment. In the event that a partial payment is received, the payment shall be applied to the water and sewer portion of the account first and then to the recycling program fee portion of the account. Unless otherwise provided for herein, all bills for recycling program fee shall become due and payable in accordance with rules and regulations that pertain to water and sewer utility charges. Recycling program fee bills for any given property shall initially be the responsibility of the person who is paying for water and/or sewer service for the property. If no person is in possession of the property, then the recycling program fee shall be the responsibility of the property owner. The property owner is responsible for the recycling program fee not paid by the occupant.

Recycling program fee shall be subject to a penalty for late payment which is the same as that imposed for late payment of water and sewer utility charges. In addition to any other remedies or penalties provided by this or any other ordinance of the city, failure to pay such charges promptly when due shall subject such user to discontinuance of water services. The city administrator or the city administrator's designee is empowered and directed to enforce this provision as to any and all delinquent users in accordance with provisions for failure to pay water and sewer utility charges. Users shall be entitled to notice and shall have the right to a hearing in accordance with provisions for failure to pay water and sewer utility charges, before such users' water service is discontinued for failure to pay recycling program fee.

Recycling program fee authorized to be charged in this ordinance when delinquent may be certified by the City Clerk of Kechi, Kansas to the County Clerk of Sedgwick County to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as other taxes, and such charges shall, thereafter, constitute a lien upon the real estate against which such charges were made, regardless of whether the recycling program fee were incurred when a property owner was in possession of the property or a non-owner was in possession of the property.

(Ord. 90; Ord. 1622-08, Sec. 1; Code 2009)

The Recycling program fee collected by the city shall be paid into an enterprise fund which is created, to be known as the "solid waste utility fund." Such fund shall be used for the purpose of paying the contractual debts incurred by the City of Kechi, Kansas pursuant to the provisions of this ordinance and all other operating expenses of the utility.

(Ord. 90; Ord. 1622-08, Sec. 1; Code 2009)

The city may contract with licensed solid waste solid waste and/or recyclable materials collectors for the collection of solid waste and/or recyclable materials within the city limits. Prior to any such contract being let or executed and prior to the issuance of any permit hereunder the solid waste and/or recyclable materials collector shall execute such contracts and applications as may be required by the governing body, and in addition, shall deliver to the city clerk the contracts of insurance herein provided for.

(Ord. 90, Sec. 9; Ord. 1622-08, Sec. 1; Code 2009)

The solid waste and/or recyclable materials collector shall secure and maintain throughout the duration of any contract with the city, and, in addition, prior to the issuance of any permit and during the permit period and at all other times when using the streets of the city, such insurance as is hereinafter required. The solid waste and/or recyclable materials collector shall submit written evidence of insurance with any permit application prior to obtaining a permit. Insurance shall be considered acceptable when provided in one of the following methods:

(a)   By issuance of the original policy designating the solid waste and/or recyclable materials collector and the city, by name, as the insured parties under the provisions of the policy.

(b) By endorsement to an original policy when endorsement shall extend to the city the same coverage and protection stipulated in the paragraph above.

(c)   By separate contingent policy providing the required insurance coverage for the protection of the city.

A duplicate of the original of each policy shall be furnished showing specifically the coverage and limits, together with the underwriter thereof, for approval by the city. Regardless of such approval by the city, it shall be the responsibility of the solid waste and/or recyclable materials collector to maintain adequate insurance coverage at all times, and the failure to do so shall not relieve him or her of any obligation or responsibility. Failure on the part of the solid waste and/or recyclable materials collector to maintain these insurances in full force and effect will, if applicable, be considered as a failure in contact performance, and, in addition, a violation of this article and will be treated as such by the city. Satisfactory certificates of insurance filed with the city shall note that 15 calendar days written notice will be given to the city before any policy covered thereby is changed or cancelled.

(Ord. 90, Sec. 10; Ord. 1622-08, Sec. 1; Code 2009)

The solid waste and/or recyclable materials collector shall provide the following insurance, and shall list the city as a beneficiary thereon as its interest may appear, and as herein required:

(a) Workmen's Compensation and Employer's Liability. This insurance shall protect the solid waste and/or recyclable materials collector against all claims under the Workmen's Compensation law. The solid waste and/or recyclable materials collector shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a Workmen's Compensation law.

The liability limits shall not be less than the following:

Workmen's Compensation - Statutory maximum amount.

Employee's Liability - $100,000 each person.

(b) Automobile Liability. This insurance shall be written in comprehensive form and shall protect the solid waste and/or recyclable materials collector against all claims for the operations of all motor vehicles, whether they are owned or non-owned.

The liability limits shall not be less than the following:

Bodily injury - $500,000 each occurrence.

Property damage - $500,000 each occurrence.

Such policy may be written to allow the first $1,000 of liability for damage to property to be deductible.

(c) General Liability. This insurance shall be written in comprehensive form and shall protect the solid waste and/or recyclable materials collector against all claims arising from injuries to any person or damage to property of others arising out of any act or omission of the solid waste and/or recyclable materials collector, and in addition, this policy shall specifically provide solid waste and/or recyclable materials collector protective liability insurance and contractual liability insurance covering the obligations stipulated herein. The solid waste and/or recyclable materials collector shall provide and maintain insurance to protect the city against any and all claims for damages of personal injury, including accidental death, as well as from claims under such contract, whether such operations be by the solid waste and/or recyclable materials collector, any of his or her subcontractors, or by any one directly or indirectly employed by the solid waste and/or recyclable materials collector or his or his subcontractors.

The liability limits shall not be less than the following:

Personal injury - $500,000 each occurrence; $1,000,000 aggregate.

Property damage - $500,000 each occurrence.

Such policy may be written to allow the first $1,000 or liability for damage to property to be deductible.

(Ord. 90, Sec. 11; Ord. 1622-08, Sec. 1; Code 2009)

The solid waste and/or recyclable materials collector shall, by virtue of his or her utilizing the city street, or his or her contact or agreement with the city, or by his or her acting on behalf of the city, bind himself or herself to indemnify, defined, punctually pay and save harmless the city and all of its agents, representatives and employees from all suits, claims, demands or actions of every kind or description arising from or relating to, any acts, omissions or negligence of the solid waste and/or recyclable materials collector, his or her servants, employees, agents or subcontractors. The solid waste and/or recyclable materials collector shall likewise bind himself or herself to punctually pay, defined, indemnify and save harmless the city and all their agents, representatives and employees for and on account of any injury or damages received or sustained by the solid waste and/or recyclable materials collector, his or tier servants or his or her agents or subcontractors on account of any claim or amount recovered for royalty or infringement of patent, trademark, copyright or on account of any claim or amount recovered under the Workmen's Compensation law.

(Ord. 90, Sec. 12; Ord. 1622-08, Sec. 1; Code 2009)

The solid waste and/or recyclable materials collector shall not obstruct streets and shall keep passage-ways open. The solid waste and/or recyclable materials collector is granted the privilege of using the streets for the work specified, but he or she is not granted exclusive use of such streets. The solid waste and/or recyclable materials collector shall handle the work in a manner which shall cause the least inconvenience to the public or property owners and shall perform his or her labors in a courteous, prompt manner.

(Ord. 90, Sec. 13; Ord. 1622-08, Sec. 1; Code 2009)

No person shall, within the city limits, collect or dispose of solid waste and/or recyclable materials unless a permit is first obtained from the city clerk of the city prior to the issuance of the license. The solid waste and/or recyclable materials collector shall deliver to the city clerk copies of certificates of insurance reflecting his or her compliance with the safety responsibility laws of the State of Kansas, and, in addition, such insurance as may be required by this article prior to the operation of a motor vehicle upon the streets and highways of the city and state. The insurance shall be kept in full force and effect at all times. In addition, the solid waste and/or recyclable materials collector shall deliver to the city clerk written evidence that the solid waste and/or recyclable materials collector has complied with the Solid Waste Code for Municipalities, and this article, and that his or her vehicle and/or vehicles in all respects comply with the provisions of the code. In addition, the solid waste and/or recyclable materials collector shall deliver to the city clerk the insurance certificates required under the provisions of this article and the make, model and identification or registration number of each vehicle which may be operated on the city streets, and such other information as may be reasonably required to assure the governing body that the terms of this article are and will be complied with. The solid waste and/or recyclable materials collector and all employees shall at all times remain licensed to operate motor vehicle under the laws of the State of Kansas.

(Ord. 90, Sec. 14; Ord. 1622-08, Sec. 1; Code 2009)

Any solid waste and/or recyclable materials collector collecting solid waste in the city shall deliver to the city clerk a detailed, itemized written list setting forth the name and addresses of any parties with home he or she has contracted for the collection of solid waste and/or recyclable materials and the addresses from which the solid waste and/or recyclable materials is being collected. The list shall be modified and brought current in writing on the first day of each and every month thereafter. After the original list has been submitted to the city clerk, the collector shall be responsible for delivering to the city clerk any deletions or additions to the list. Any solid waste and/or recyclable materials collector contracting with the city shall execute such contract documents as may be consistent with the terms of this article.

(Ord. 90, Sec. 15; Ord. 1622-08, Sec. 1; Code 2009)

Any and all contracts and permits hereunder are subject to revocation for any violation of this article or upon the failure of solid waste and/or recyclable materials collector to comply with any of the terms of the contract with the city or for any work stoppage which interrupts the normal and regular collection of solid waste. In the event any solid waste and/or recyclable materials collector shall fail to comply with any of the provisions of this article, the city clerk may, with the consent of the governing body, upon 14 days notice to such solid waste and/or recyclable materials collector, revoke and cancel any contract which the solid waste and/or recyclable materials collector may have with the city. Any collector may appeal such revocation order within 10 days to the governing body of the city.

(Ord. 90, Sec. 16; Ord. 1622-08, Sec. 1; Code 2009)

Any owner, of if applicable, occupant, required by this article to arrange and pay for the collection of solid waste collection and/or recyclable materials services fee, may, when the owner, or if applicable, occupant, is not in fact producing solid waste requiring the collection and disposal of solid waste as herein required, petition the city council, in writing, to provide relief from such charges and/or services. The owner or occupant shall supply the city council with such information and complete such forms as they may require. The city council shall, after hearing such grievance make its recommendation for final determination. If the city council determines the collection of solid waste form the subject premises is not necessary, or not required as frequently as provided for herein, it may cause cessation of such collection, or it may give such partial relief as may be determined from the circumstance involved. No collection services may be ceased or limited until 30 days after the city council makes its determination as hereinabove provided.

(Ord. 90, Sec. 18; Ord. 1622-08, Sec. 1; Code 2009)

The violation of any portion of this article shall be considered a code violation and may be punished by a fine not to exceed $300, or imprisonment for five days, or by both such fine and imprisonment. Each day the violation continues shall be considered a separate offense.

(Ord. 90, Sec. 19; Ord. 1622-08, Sec. 1; Code 2009)