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 recycling program hauler” means any individual, firm, partnership, corporation, or company under contract with the City of Andover, Kansas to provide curbside recycling.
(b) “Curbside recycling” means the bi-weekly collection, by the contract recycling program hauler, of recyclable materials, contained loose in the provided poly karts marked for recycling at the public street curb of each residential dwelling unit or, for those residential dwelling units where there is no public street curb, as close to the public street as is reasonable and safe.
(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 to #7 plastics, glass, cardboard and brown paper sacks.
(d) “Residential dwelling unit” means a singular unit providing independent living facilities for one or more persons in a single-family, two family or three family residential property, located within the corporate limits of the City of Andover, Kansas.
(e) “Recyclable waste utility” means the utility created by this article to administer the curbside recycling system set forth in this article.
The City of Andover, Kansas does hereby establish a recyclable waste utility and curbside recycling system and declares its intention to be responsible for the operation and administration of said recyclable waste utility and curbside recycling system.
It is found, determined and declared that the elements of said curbside recycling system which provides for the collection and recycling of recyclables materials are of benefit and are designed to provide services to all residential dwelling units within the corporate limits of the City of Andover, Kansas. It is further found, determined, and declared that the collection and recycling of recyclable materials, as part of said curbside recycling system, should be provided by a contract recycling program hauler pursuant to a written contract with the City of Andover, Kansas.
The recyclable waste utility, under the direction of the city administrator or his/her designee, shall have the power to:
(a) Administer and oversee the operation of the curbside recycling system;
(b) Negotiate consecutive contracts with a contract recycling program hauler to operate the curbside recycling system pursuant to this article;
(c) Administer and enforce this article and all contracts, regulations and procedures adopted relating to the operation of the curbside recycling system;
(d) Advise the City Council on matters relating to the curbside recycling system;
(e) Make recommendations to the City Council concerning establishing ordinances and regulations concerning recycling waste management;
(f) Collect the recyclable waste fees established pursuant to this article and make payments to the contract recycling program hauler pursuant to any contract entered into pursuant to this article; and
(g) Analyze the cost of services and benefits provided by the curbside recycling system and the fees and other revenues of the recyclable waste utility annually.
Commencing on April 1,2010, there is imposed on each and every residential dwelling unit located within the corporate limits of the City of Andover, Kansas a recyclable waste fee of $4.50 per month. Billing of such fee will be in advance of the quarter for which the service is provided, therefore the fee for the first quarter of service beginning April 1, 2010 shall appear on the first quarter sewer billing which is mailed to residents at the end of the first quarter of 2010. Such recyclable waste fee may be amended from time to time by a resolution of the City Council of Andover, Kansas. In addition, any residence that wishes to receive solid waste removal service from the contract recycling program hauler will be billed an additional .45¢ (forty-five cents) per month for the administration and billing services provided by the City.
The recyclable waste fee shall be billed and collected quarterly with the quarterly sewer and storm water utility bill. The recyclable waste 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 sewer and storm water utility portion of the account first and then to the recyclable waste fee portion of the account. Unless otherwise provided herein, all bills for recyclable waste fees shall become due and payable in accordance with rules and regulations that pertain to sewer utility bills. Recyclable waste fee bills for any given property shall be the responsibility of the property owner.
Recyclable waste fees shall be subject to a penalty for late payment which is the same as that imposed for late payment of sewer utility charges. In addition to any other remedies or penalties provided by this or any other ordinance of the city, recyclable waste fees authorized to be charged in this ordinance when delinquent may be certified by the City Clerk of Andover, Kansas to the County Clerk of Butler 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 recyclable waste fees were incurred when a property owner was in possession of the property or a nonowner was in possession of the property ..
Recyclable waste fees collected by the city shall be paid into an enterprise fund which is created, to be known as the “recyclable waste utility fund.” Such fund shall be used for the purpose of paying the contractual debts incurred by the City of Andover, Kansas pursuant to this ordinance and all other operating expenses of the utility.
In the event that any portion or section of this article is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this article which shall remain in full force and effect.