HomeMy WebLinkAbout9576-05 Amend Chapter 16, Article 3, Section 16-29, Increase certain charges at the City's Organic Resource Facility to clarify the Commercial Nature ofORDINANCE No.
9576-05
Passed by tl:e Common Council of tl:e Ciry of Soutlt Bend, Indiana
March 14, 2005
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
March 15,
JOHN
Approved and signed by me March 17 , 2p 0 5
~~
City Clerk
President of Common Council
Ciry Clerk
Mayor
20 05
ORDINANCE NO. ~ 5 ~ ~ 4~ t ~°" 2 ~
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY O SOUTH BEND,
INDIANA AMENDING CHAPTER 16, ARTICLE 3, SECTION 16- OF THE SOUTH
BEND MUNICIPAL CODE TO INCREASE CERTAIN CHARGES AT THE CITY'S
ORGANIC RESOURCE FACILITY AND TO CLARIFY THE COMMERCIAL
NATURE OF RECYCLED YARD WASTE
STATEMENT OF PURPOSE AND INTENT
The City of South Bend enacted an ordinance in 1993 providing for tipping charges to
dispose of yard waste at the City's Organic Resource Facility, and also providing for charges to
obtain compost, wood chips and other recycled yard waste products at the Organic Resource Facility.
It has become necessary to clarify that these latter products are not a commodity or good sold by the
City, and it is also necessary to expand on the costs for providing this service.
The City's Board of Public Works has been and is empowered to make adjustments in the
charges set forth in Section 16-2'~. Because it is necessary to clarify that compost, wood chips and
other recycled yard waste produc s are not a commodity or good sold by the City, this amendment
to the South Bend Municipal Code is appropriate. Any further modifications to the charges
themselves may be initiated by the Board of Public Works pursuant to § 16-29(c).
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA that Chapter 16, Article 3, Section 16-~6 of the South Bend
Municipal Code be amended as follows: L~
Section I. Chapter 16, Article 3, Section 16-~6 of the South Bend Municipal Code shall be
amended to read as follows: Z~
(a) Tipping charges for disposal of yard waste at the Organic Resource Facility are set at three
dollars and sixty-five cents ($3.65) per cubic yard.
(b) Compost, wood chips and other recycled yard waste products may be p~rekxsed obtained
from the Organic Resource Facility
at no charge if the person loads the material him/her self. If employees at the CitX
or its agents load such material(s) the cost shall be four dollars ($4.OOZper cubic yard for any amount
up to two (21 cubic yards of such materials and eight dollars ($8.OO~per cubic yard for any quantity
of such material which exceeds two cubic yards. The eight dollars ($8.00) per cubic yard charge
shall include the first two cubic yards where the total obtained is more than two (2) cubic yards. .
. Delive try o a specific site may also be provided for loads
between a minimum of (twenty) 20 cubic yards and a maximum of twent -five 25 cubic ary ds at
a separate delivery charge of four dollars ($4.OO~per cubic yard.
(c) The Board of Public Works, pursuant to the powers granted by IC 36-9-30, may from time
to time adjust and change the tipping charges at the Organic Resource Facility and the charges for
the purchase of recycled yard waste products set out above. Such changes and adjustments maybe
made only after a public hearing and shall be based upon the actual cost of processing the yard waste,
producing the recycled product and operating the Organic Resource Facility, including the
establishment of a reasonable reserve for capital improvements.
(d) The following programs and departments of the City shall be exempt from payment of
the tipping charges set out above:
Operation Relief
Solid Waste/Yard Waste Program
Park Department.
(e) All City departments and programs shall be exempt from the payment of charges for
recycled yard waste products.
Section III. This Ordinance shall be in full force and effect from and after its passage by the
Common Council, and approval by the Mayor.
Member, South Bend Common Council
Attest:
Cit le k
Presented by me to the Mayor of the City of South Bend, Indiana on the ~~ day of
~~ , 2 @CS, at `•13~ o'clock ~. m.
v~.~.v~. Q~.,
City Cler - ~c.~-~
~ ~
Approved and signed by me on the ~~ day of ~ , 2 ao S , at o'clock
Q m.
1 st READING
PUBLIC HEARING 3- I`~-aS
3rd READING '3 -~1`~-0~
NOT APPROVED
REFERRED
PASSED 3 _ ~ `{ ` DSO
Mayor, City o ,
Filed In Clerk's Office
FEB2~c~~a
JOHN VOORDE
CITY CLERK, S0. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
14-05 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING CHAPTER 16, ARTICLE 3, SECTION 16-26 OF THE
SOUTH BEND MUNICIPAL CODE TO INCREASE CERTAIN CHARGES AT
THE CITY'S ORGANIC RESOURCE FACILITY AND TO CLARIFY THE
COMMERCIAL NATURE OF RECYCLED YARD WASTE
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Roland Kelly
Chairman
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAx 574/235-9171
TDD 5741235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC CORKS
GARY A. GILOT, P.E.
DIRECTOR OF PUBLIC WORKS
Mrs. Charlotte D. Pfeifer
President, Common Council
of the City of South Bend
400 County City Building
South Bend, Indiana 46601
February 22, 2005
Re: Ordinance Amending Chapter 16, Article 3, Section 16-26 of the South Bend
Municipal Code to Increase Certain Charges at the City's Organic Resource
Facility and to Clarify the Commercial Nature of Recycled Waste.
Dear Council President Pfeifer:
Enclosed is a copy of a proposed Ordinance for the Council's consideration. This ordinance
relates to the fees charged for the loading and delivery of materials prepared at the City's Organic
Resource Facility. The ordinance would raise fees for the loading of more than 2 cubic yards of material,
but leaves fees for smaller amounts unchanged. These changes should not affect the opportunity for
residents of the City to recycle these materials in their gardens and lawns.
I will be attending the Council Committee meetings on Monday, March 14, 2005 to formally
make a presentation and again at the public meeting that evening. Should you have any questions before
then, please do not hesitate to contact me.
Sincerely,
ohn J. Dillon, Ph.D.
Director, Division of Environmental Services
Enclosure
cc: Aladean M. DeRose, Chief Assistant City Attorney
ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES STREETS WATERWORKS
CARL LITTRELL, P.E. JOHN ]. DILLON, PH.D. iVIATT CHLEBOWSK! SAM HENSLEY JOHN F. STANCATI
574/235-9251 574/277-8515 574/235-9316 574/235-9244 574/235-9322
FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007 FAx 574/235-9272 FAx 574/235-9728
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