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
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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