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205621 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 2012017824 Received: 3128/2012 2:25:04 PM Recorded: 03/28/2012 02:33:03 PM Filed & Recorded in Official Records of Larry Crane ORDINANCE NO. 20,562 PULASKI COUNTY CIRCUIT /COUNTY CLERK Fees $25.00 AN ORDINANCE TO AMEND CHAPTER 28 OF THE CODE OF ORDINANCES TO IMPLEMENT A NEW RECYCLING PROGRAM; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, for several years, the City has maintained a weekly curbside recycling program for collection of household recyclables for which the recyclable materials needed to be segregated and bundled for manual collection in eighteen (18)- gallon open -top bins, and WHEREAS, the Public Works Department has recommended that a new, automated recycling system, one which allows recyclables to be commingled and that uses rolling sixty -four (64)- gallon carts with lids, be implemented in place of the existing recycling system, and WHEREAS, the new automated system has distinct advantages both for the convenience of residents and for the ease in collection of the materials, and these advantages are expected to lead to enhanced recycling success, and WHEREAS, the City Board of Directors, pursuant to Little Rock, Ark. Res. ( "LRR ") No. 13,384 (October 18, 2011) authorized an extension of the existing curbside recycling contract agreement and pursuant to LRR No. 13,394 (November 1, 2011) amended LRR No. 13,384 to change the curbside recycling extension date to March 31, 2012, in order to allow for the acquisition of equipment and make process changes to begin the automated single- stream recycling process on April 2, 2012, and WHEREAS, the City now finds it desirable to revise Chapter 28 of the Code of Ordinances so that the new recycling program can be fully implemented. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. Subsection 28- 1(c)(4) of Chapter 28 of the Little Rock Code of Ordinances is hereby amended to replace the existing definition for the defined term "Recycling collection system" with the following definition: Recycling collection system: A solid waste collection system utilizing automated collection vehicles to load designated recyclables from city- provided recycling containers. Section 2. Subsection 28 -8(d) of Chapter 28 of the Little Rock Code of Ordinances is hereby deleted and replaced with language to read as follows: (d) Recycling containers shall be placed no closer than three (3) feet from either side _ of city- provided solid waste supercarts. wl �4 [Page 1 of 31 `� \\ , Q *P I Section 3. A new subsection (g) is added to Section 28 -18 of Chapter 28 of the Little Rock Code of 2 Ordinances to read as follows: 3 (g) All recyclables shall be placed in approved recycling containers only. Materials 4 shall be prepared in accordance with instructions outlined on the recycling container. 5 Section 4. Subsections 28 -19(e) and 28 -19(f) of Chapter 28 of the Little Rock Code of Ordinances are 6 hereby deleted. 7 Section 5. Subsection 28 -21(7) of Chapter 28 of the Little Rock Code of Ordinances is hereby 8 deleted and replaced with language to read as follows: 9 (7) Unless otherwise indicated, all recyclables will be collected utilizing a 10 mechanical collection system. 11 Section 6. Subsection 28 -28(c) of Chapter 28 of the Little Rock Code of Ordinances is hereby 12 deleted and replaced with language to read as follows: 13 (c) [Additional containers.] 14 (1) Solid waste containers (garbage supercarts). Individual dwelling units may 15 request one (1) or more additional city- provided solid waste containers. Any additional 16 solid waste containers will be billed at the rate of Seven Dollars ($7.00) per month per 17 container and will be billed for a minimum of three (3) months. 18 (2) Recycling containers. Individual dwelling units may request additional recycling 19 containers. Any additional recycling containers will be billed at the rate of Two and 20 7/100 Dollars ($2.07) per month, per container and will be billed for a minimum of three 21 (3) months. 22 Section 7. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 23 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 24 adjudication shall not affect the remaining portions of the ordinance, which shall remain in full force and 25 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 26 ordinance. 27 Section 8. Repealer. All ordinances or resolutions of the City in conflict herewith are hereby 28 repealed to the extent of such conflict. 29 Section 9. Emergency. It has been determined that it is necessary that the proposed amendments 30 become effective immediately to assure proper implementation of the new recycling program, which is 31 scheduled to go into effect on April 2, 2012; therefore, an emergency is hereby declared and this 32 ordinance shall take effect immediately upon its passage. [Page 2 of 31 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 PASSED: March 27, 2012 ATTEST: AS TO LEGAL FORM: Thomas M. Carpenter, City Atto ey (Page 3 of 3l APPROVED: Mark Stodola, Mayor