Loading...
HomeMy WebLinkAboutD-2267-16 Opt Out of Trash ServiceSponsor: Councilor Carter Councilor Kimball ORDINANCE D-2267-16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 9. ARTICLE 6, SECTION 226 (OPT OUT OF SERVICE) OF THE CARMEL CITY CODE WHEREAS, the City of Carmel, Hamilton County, Indiana, (the "City") is a duly formed municipal corporation within the State of Indiana, governed by its duly elected Mayor (the "Mayor") and the Common Council (the "Council"); and WHEREAS, it is the responsibility of the City government to investigate and initiate those measures that are beneficial to the citizens of the City; and WHEREAS, pursuant to Indiana Code Section 36-9-23 et seq., the City owns, manages, and controls sewage works; and WHEREAS, Indiana Code Section 36-9-23 et seq. provides for the collection of solid waste including garbage and rubbish; and WHEREAS, the Council is aware that pursuant to Carmel City Code Section 9-226, residential garbage and rubbish removal is being negotiated and conducted between citizens and various service providers within the. City; and WHEREAS, the Council is aware that the City has the ability to negotiate residential garbage and rubbish removal on a City wide basis which would, in turn, provide for better rates and reduce large truck traffic and disturbances associated therewith; and WHEREAS, after notice, investigation, public hearing and consideration pursuant to Indiana Code 36-9-23-26(a), at which hearing all interested parties had an opportunity to be heard, the Council now finds it is in the best interest of the citizens of the City to discontinue the "opt -out" program for City trash and recycling services. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on January 13, 2016 at 2:04 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. SA2016 Ordinance Projectlordinance D-2267-16 - Opt Out.docx Sponsor: Councilor Carter Councilor Kimball Section 2. Chapter 9, Article 6, Section 226 of the Carmel City Code is hereby amended to read as follows: "§ 9-226. Opt -Out of Service Termination. Effective 2016, no individual resident (or home owner's association on behalf of its residents) may opt -out of the City's solid waste collection or recycling service. As of January 1, 2017, all individuals currently under the City's opt -out program shall utilize the City's solid waste collection and recycling services." Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 5. This Ordinance shall be in full force and effect from and after its passage, signing by the Mayor, and such publication as is required by law. PASSED by the Common Council of the City of Carmel, Indiana, this day of Gh Xkkt, , 2016, by a vote of 5 ayes and 2, nays: COMMON COUNCIL FOR THE CITY OF CARMEL Pr siding Officer Dppo`rd' Laura D. Campbell nevrn li. tcraer Ordinance D-2267-16 Page Two of Three This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on January 13, 2016 at 2:04 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. SA2016 Ordinance Project\Ordinance D-2267-16 - Opt Out.docx Sponsor: Councilor Carter ��—C—o-uncilor Kimball Presenled by me to the Mayor of the City o �, Carmel, Indiana this �� � day of (yiV`-- 2016, at 2L.M. Christine S. Pauley, Clerk -Treasurer / l' Approved by me, Mayor of the City ofo- mel, Indiana, this / of 2016, at J es Brainard, Mayor A 7z Christine S. P ley, Clerk -Treasurer Ordinance D-2267-16 Page Three of Three This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on January 13, 2016 at 2:04 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. SA2016 Ordinance Project\Ordinance D-2267-16 - Opt Out.docx