In addition to the words, terms and phrases elsewhere defined in this Chapter, 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 Park City, Kansas to provide curbside recycling.

(b)   Curbside recycling means the weekly or bi-weekly collection, by the contract recycling program hauler, of recyclable materials contained in bags and containers at the public street curb of each residential dwelling unit or, for those 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 and #2 plastics, glass, cardboard and brown paper sacks, motor oil and automotive batteries.

(d)   Residential dwelling unit means a singular unit providing independent living facilities for one or more persons in a single-family, duplex, multifamily or condominium residential property, located within the corporate limits of the City of Park City, Kansas.

(e)   Solid waste utility means the utility created by this article to administer the curbside recycling program.

The City of Park City, Kansas does hereby establish a solid waste utility and a curbside recycling program and declares its intention to be responsible for the operation and administration of said solid waste utility and the curbside recycling program.

It is found, determined, and declared that a curbside recycling program that provides for the collection and recycling of recyclable materials and that is designed to provide services to all residential dwelling units within the city limits of the City of Park City, Kansas, is of benefit to all residential dwelling units within the city limits.

It is further found, determined, and declared that the collection and recycling of recyclable materials, as part of a curbside recycling program, should be provided by a contract recycling program hauler pursuant to a written contract with the City of Park City, Kansas.

It is further found that pick up of recyclable materials on a weekly basis maximizes the benefits to the residents of the City who wish to recycle and to the City as a whole.

It is further found that selection of a contract recycling program hauler who can provide solid waste removal services to residential dwelling units within the city limits along with pick up of recyclable materials should provide all residents who are required to pay a recycling program fee the opportunity to contract for solid waste pick up at a monthly rate that will result in a net reduction or no net increase in their future cost for solid waste pick up (including the monthly recycling program fee) compared to their current cost for solid waste pick up with no curbside recycling availability.

The solid 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 a program for curbside recycling.

(b)   Negotiate a contract for a minimum of three years duration with a contract recycling program hauler to operate the curbside recycling program pursuant to this article with an essential element of such contract being the guarantee, for the duration of the contract, of a monthly fee for weekly, curbside pick up of recyclable materials; a guarantee, for the duration of the contract, of a monthly fee for bi-weekly, curbside pick up of recyclable materials; and the guarantee, for at least one year, of the monthly fee for weekly, solid waste pick up at the public street curb for residents desiring to contract for such services with provision that any increase in such fee for solid waste pick up be approved by the governing body.

(c)   Administer and enforce this Article and all contracts, regulations and procedures adopted relating to the operation of the program for the collection of solid waste and the curbside recycling system and there is hereby established an administrative fee of no more than $.50 per month to be charged to each residential dwelling unit to cover the actual costs of billing for the recycling program fee.

(d)   Advise the city council on matters relating to the contract with the contract recycling program hauler and the curbside recycling program.

(e)   Make recommendations to the city council concerning establishing ordinances and regulations concerning the collection of solid waste, recycling and solid waste management.

(f)    Collect the recycling program fees established pursuant to this article and make payments to the contract recycling program hauler in accordance with the contract entered into pursuant to this article.

(g)   Analyze the cost of services and benefits provided by the system for the collection of solid waste and the curbside recycling program and the fees and other revenues of the solid waste utility annually.

Commencing with the month that collection by the contract recycling program hauler begins, there is imposed on each and every residential dwelling unit located within the corporate limits of the City of Park City, Kansas a recycling program fee of $ 4.00 per month, plus an administrative fee of no more than $.50 per month.

(a)   The recycling program fee shall be billed and collected monthly with the monthly water and sewer utility bill for residential dwelling units that receive a monthly water and sewer utility bill. The recycling program fee shall be part of a consolidated statement for utility customers that shall be paid by a single payment. In the event that a partial payment is received, the payment shall be applied to the water and sewer portion of the account first and then to the recycling program fee portion of the account. Unless otherwise provided for herein, all bills for recycling program fees shall become due and payable in accordance with rules and regulations that pertain to water and sewer utility charges. Recycling program fee bills for any given property shall initially be the responsibility of the person who is paying for water and/or sewer service for the property. If no person is in possession of the property, then the recycling program fees shall be the responsibility of the property owner. No recycling program fee shall be charged to a dwelling unit that is vacant for a period of more than thirty (30) days and for so long as such dwelling unit remains vacant.

(b)   For residential dwelling units not connected to the City’s water or sewer utility, the recycling program fee shall be billed directly to the occupant of the dwelling unit either monthly or quarterly in advance.

(c)   Recycling program fees shall be subject to a penalty for late payment that is the same as that imposed for late payment of water and sewer utility charges. In addition to any other remedies or penalties provided by this or any other ordinance of the city, failure to pay such charges promptly when due shall subject such user to discontinuance of water services and the city administrator, or the city administrator’s designee, is empowered and directed to enforce this provision as to any and all delinquent users in accordance with provisions for failure to pay water and sewer utility charges.

(d)   Recycling program fees which remain unpaid for a period of sixty (60) or more days from the date of billing may be collected thereafter as provided for in K.S.A. 65-3410, as may be amended from time to time. Recycling program fees, when delinquent, may be certified by the City Clerk to the County Clerk of Sedgwick 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. Recycling program fees that remain delinquent may be submitted for collection to the State of Kansas under the provisions of K.S.A. 75-6201 et seq., as amended from time to time. The City may attempt collection through either one or more of the methods set out herein and any other method provided for by law.

(Ord. 1042; Code 2021)

Recycling program fees collected by the city shall be paid into an enterprise fund that is created, to be known as the “solid waste utility fund.” Such fund shall be used for the purpose of paying the contractual debts incurred by the City of Park City, Kansas pursuant to the provisions of this article 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.