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HomeMy WebLinkAboutOrdinance 6309 02/03/2014ORDINANCE NO. 6309 (GENERAL) AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE "UTILITIES" "GARBAGE AND REFUSE" TO CLARIFY AREA OF SERVICES PROVIDED BY EXCLUSIVE FRANCHISE SOLID WASTE HAULER, AMENDING SECTION 4.404 "HAULING' AND ADOPTING A SEVERABILITY CLAUSE The City Council of the City of Springfield finds that: WHEREAS, to establish exclusive franchise solid waste hauler services for all property within the city limits; and WHEREAS, solid waste service operated by the exclusive franchisee regularly engaged in the solid waste, and recycling removal and processing is limited to City of Springfield city limits; and NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: Section 1: Section 4.404 "Hauling" of the Springfield Municipal Code is hereby amended in Section 4.404(2) to read as follows: "(2) The provisions of this section prohibiting the hauling, carrying or disposing of garbage and refuse other than by the collector of garbage refuse, shall apply to the boundaries of the city as they existed on February 10, 1969, and to any areas hereafter that may be annexed to the city as of the effective date of annexation. (a) No person shall be considered as actually providing garbage collection service to customers unless such service is actually being furnished on a regular basis to permanent businesses, industries and /or occupied residences located within any area involved. (b) All of the provisions of this article pertaining to collection service and applying to the collector of garbage and refuse and including but not limited to rates, shall also apply to any licensee under this section." Section 2: Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and individual provision and such holding shall not affect the validity of the remaining portion hereof. Section 3: Effective Date of Ordinance. This Ordinance shall take effect 30 days after its adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 3rd day of February, ikk by a vote of 4 for and o against. (2 absent) APPROVED by the Mayor of the City of 3933.2014. ATTEST: this 3d— day of Mayor REVIEWED & App PPROVED D"AFJc�aM City Recorder DATE z� OFFICE OF CITY ATTORNEY