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ORD NO 15-2009 ORDINANCE NO. 16-- -2009 AN ORDINANCE REPEALING ORDINANCE NO. 25 -2007 AND ESTABLISHING MONTHLY RATES FOR MANDATORY RESIDENTIAL SOLID WASTE COLLECTION SERVICE FOR THE CITY OF VAN BUREN, ARKANSAS WHEREAS, the City of Van Buren, Arkansas has implemented a mandatory residential solid waste management system and recycling program pursuant to Ordinance No. 10 -2009; and, WHEREAS, it is the duty of the City Council of the City of Van Buren, Arkansas to approve rates, charges or contractual fees to be charged by residential solid waste disposal firms; and, WHEREAS, the cost of residential solid waste collection within the City of Van Buren, Arkansas has increased since the same were last established by Ordinance No. 25 -2007, passed and approved August 20, 2007; and, O WHEREAS, the Van Buren Municipal Utilities Commission, acting as agent for the City of Van Buren, Arkansas has recommended a schedule of fees and charges for the operation of the residential solid waste management program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: THAT, Ordinance No. 25 -2007 is hereby repealed; and, SECTION 1: The monthly rate to be charged for each residential unit as defined in Ordinance No. 10 -2009 or hereinafter amended shall be Fourteen Dollars and Forty Cents ($14.40). These charges shall cover, at a minimum, once per week residential solid waste collection, twice per month residential curbside recycling collection, the operation of a recycle drop -off facility, residential yard waste collection (operated by the Van Buren Street Department), and a residential yard waste collection /composting facility (operated by the Van Buren Municipal Utilities). 1 0 SECTION 2: The billing and collection for the residential solid waste management program shall be performed by the Van Buren Municipal Utilities according to its customary billing and collection procedures and in accordance with the Agreement between the residential solid waste disposal firm and the Van Buren Municipal Utilities Commission. The Van Buren Municipal Utilities shall deduct the sum of One Dollar and Forty Eight Cents ($1.48) for each customer for whom a collection was made. SECTION 3: The sum of Two Dollars and Zero Cents ($2.00) for each customer for whom a collection was made shall be remitted to the City of Van Buren for the operation of a residential yard waste collection program. SECTION 4: The remainder of charges collected shall be remitted to the residential solid waste disposal firm in accordance with the Agreement between the residential solid waste disposal firm and the Van Buren Municipal Utilities Commission. SECTION 5: That if any Section or part of this Ordinance shall be held to be invalid or unconstitutional, it shall not affect the remaining Sections thereof, and the Sections and parts of said Ordinance shall be treated severally. SECTION 6: That all Ordinances or parts of Ordinances in conflict herein, are hereby repealed. SECTION 7: That due to the need to maintain and enforce a comprehensive, city -wide, solid waste management program, and this ordinance being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from January 1, 2010. PASSED:AND APPROVED thisf day of 2009. By MAYOR ATTE T: nn 0 CITY CLERK 2