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The following solid waste zones are hereby established.
1. Residential Zones. The residential zones set out in Appendix A to this chapter are hereby adopted as the residential collection zones under this chapter.
2. Commercial and Industrial Zones. The commercial and industrial zones set out in Appendix B are hereby adopted as the commercial and industrial zone(s) under this chapter.
3. Resolution Determining Method of Collection and Conveyance. The Council may by resolution establish the mechanism for collection and conveyance of covered solid waste for each solid waste zone. The City may select any of the service options described in this chapter and may by resolution establish the fees applicable to that service.
4. Different Service Options May Apply to Different Waste Categories. The City may determine that different categories of covered solid waste will be collected using different methods of collection in the same zone.
5. Factors Involved in Determination. In deciding which service option should be used in a zone, the Council may consider any factors affecting the public interest, including environmental and public health factors and the expressed preferences of citizens of the zone. The Council may also consider whether the selection provides the most economical conveyance and best service.
The City may determine that City residential or commercial and industrial collection and conveyance services, or both, will be provided to the City by one or more selected private haulers operating under contract with the City; however, there shall be no more than one hauler operation within each zone for each type of service.
1. Solicitation of Hauler Proposals. In a Selected Hauler Service Zone, the Council will select one or more contract haulers to provide collection and conveyance services for covered solid waste. The City may award contracts to selected haulers for periods as specified by the Council. As part of the process of selecting haulers, the City may solicit proposals for negotiated contracts from individual haulers. Upon receipt of proposals, the City may accept one or more of these proposals, or may negotiate with one or more haulers to obtain new or different terms from those originally proposed by the haulers. The City may negotiate with potential haulers on price and terms of service. The contract with any selected hauler may provide that the hauler will be the only selected hauler for one or more classes of service, or may provide that there will be a limited number of haulers for one or more classes of service. Any contract negotiated by the City must be approved by the Council.
2. Negotiated Reimbursement Rates. The hauler contract may establish hauler reimbursement rates for commercial, industrial and residential services and the City shall by ordinance establish rates for residential services. The City may elect to contract with different haulers for different types of services.
3. Additional Reimbursement. Hauler contracts may establish separate reimbursement rates for residential services that are additional to the basic residential services.
4. Designation of Customers and Routes. Hauler contracts may provide that selected haulers will serve all of the customers within the selected route within the zone, or particular classifications of customers within all or a portion of the zone.
The City may designate any zone as a Multiple Contract Hauler Zone. In a Multiple Contract Hauler Zone, the City will provide collection and transportation services under contract with any qualified hauler who agrees to enter into a contract specified by the City for a contract term specified by the City.
1. City May Limit Classification of Waste Collected. The City may determine that only certain classifications of covered solid waste may be collected by multiple contract haulers.
2. Haulers May Serve Any Customer. Haulers operating under contract to serve a zone will have an equal right to serve any property within the zone, provided that, if the contract is limited to a particular classification of covered solid waste, the hauler may collect only that classification of covered solid waste. The City may require minimum levels of service, but City contract haulers may offer differing types and qualities of service from those of other City contract haulers. Haulers may compete with other City contract haulers to determine who will serve individual properties.
3. Rates Paid by City Customer. The multiple hauler contract will provide that City customers will pay user fees to haulers. Rates charged to City customers in multiple hauler service zones will be set by haulers, subject to any limitations which may be set in the contract with the City. Contract haulers may offer differing charges and schedules of rates.
4. Procedure for Letting Contracts. From time to time, the City may establish the contents of contracts applicable to qualified hauler(s) within a zone. Contracts may be offered for terms specified by the Council. The City may set contract terms for residential or commercial/industrial service, or any classification of services.
A. Solicitation for Proposal. Prior to offering contracts, the City may solicit proposals for Multiple Contract Hauler Zone contracts. The City may enter into negotiations with haulers to set the terms under which haulers will sign such contracts, and the negotiations may cover price, terms of service, and such other contract terms as the City may specify.
B. Conversion to Selected Hauler Zones. If the City determines that there is insufficient interest in entering into contracts on a multiple hauler basis, or the Council determines that the public interest would otherwise be served, the City may by ordinance convert a Multiple Contract Hauler Zone to a Selected Hauler Zone and sign contracts with an individual hauler(s) on terms authorized by this chapter.
This section governs the terms of City provided residential and commercial/ industrial service.
1. Mandatory Service. The owner or occupant of every property shall dispose of covered solid waste by City provided collection and disposal service, or, if a self-hauler, ensure that the disposal of covered solid waste is carried out in an environmentally suitable manner.
A. City May Promulgate Regulations. The City may from time to time establish regulations governing the size and type of containers, requirements for maintenance of cans, limitation of materials and placement for collection applicable within one or more solid waste zones. The City may from time to time establish regulations providing that certain classes of property or waste shall be handled as nonresidential waste, or shall be subject to special collection and disposal requirements.
B. Recycling Regulations. The City may from time to time establish regulations governing recycling for residential and commercial/industrial waste generators.
2. Minimum Required City Service. The City may establish a minimum level of City provided service for residential and nonresidential properties for each district. The City may establish the amount and frequency of service which will be received by users within the district in return for the minimum service charge.
A. Minimum Service Fee. The City may establish a minimum service fee payable in a Solid Waste Zone. The fee may vary within the zone according to location, type of residence, classification of property, volume of covered solid waste, or other relevant factors.
B. Billing. Any service fee payable to the City shall be billed in a manner established by resolution of the Council.
C. Fees for Services Beyond Minimum Required Service. Haulers in any zone may offer services beyond the minimum level of service required by the City. Fees for such service may be negotiated between the hauler and the individual customer.
If an owner or any person obligated to pay a service fee owed to the City fails to pay the fee in the manner prescribed, the City, for itself or on behalf of its contractors, may recover unpaid fees due under this chapter in any manner authorized by law, including, but not limited to, the following:
1. Certification to the County Treasurer. All rates or charges for solid waste collection services owed to the City, if not paid as provided by this chapter, shall be a lien upon the property or premises served by any of these services, upon certification to the County Treasurer that the rates or charges are due, pursuant to the provisions of Chapter 384.84 of the Code of Iowa.
2. Civil Action. In addition to each and every other remedy available to the City, unpaid service fees, penalties and interest may be recovered in a civil action in the name of the City or its Contractor(s).
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