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HomeMy Public PortalAbout__ORDINANCE NO. J'S`f AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MARCUS, IOWA CONCERNING GARBAGE CONTRACTING BE IT ENACTED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION MODIFIED. Section 6-5-1 SERVICE AGREEMENT of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof: 6-5-1 CONTRACT REQUIREMENTS. No person shall engage in the business of collecting, transporting, processing or disposing of solid waste from residential premises for the City without first entering into a contract with the City. This section does not prohibit an owner from transporting solid waste accumulating upon premises owned, occupied or used by such owner, provided such refuse is disposed of properly in an approved sanitary disposal project. Furthermore, a contract is not required for the removal, hauling, or disposal of earth and rock material from grading or excavation activities, provided that all such materials are conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported is spilled upon any public right-of-way. SECTION 2. SUBSECTIONS REPEALED. Subsections 6-5-5, 6-5-6, 6-5-7, and 6-5-8 of the Code of Ordinances of the City of Marcus, Iowa are repealed. SECTION 3. SUBSECTION MODIFIED. Section 6-5-9 CORPORATION'S OBLIGATIONS of the Code of Ordinances of the City of Marcus, Iowa is repealed and the following adopted in lieu thereof: 6-5-9 AMOUNT OF SOLID WASTE TO BE PICKED UP. Iowa State Code Section 455D.3 (c) requires a unit -based pricing system. The City must regulate the amount of trash each residential household may place for collection in the City limits of Cherokee. Each household will be allowed one (1) container of solid waste per week as provided by the Contractor. The contracting hauler will not pick up any bags or cans exceeding the container per household limit without a separate agreement with the household. SECTION 4. SUBSECTION REPEALED. Subsection 6-5-11 of the Code of Ordinances of the City of Marcus, Iowa is repealed. SECTION 5. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 6. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 12tH day of September, 2022. First Reading: September 12t11, 2022 Second & Third Reading waived: September 12t11, 2022 ATTEST: Robin A. Harvey City Clerk Kr,f,wPAd- Patrick J. Bunt Mayor