ORDINANCE 2014 -1  

AN ORDINANCE AMENDING ORDINANCE NO. 2001-05 AND ESTABLISHING RATES FOR THE COLLECTION, TREATING AND DISPOSING OF GARBAGE IN A SANITARY MANNER

WHEREAS, the Town of Leo-Cedarville, Indiana (“Town”) has adopted Ordinance No. 2001-05 regulating the accumulation, collection and disposal of residential solid waste; and

WHEREAS, Ordinance No. 2001-05 has been codified at Title V, Chapter 50 of the Leo-Cedarville Town Code; and

WHEREAS, in March of 2014, the Town Council renewed a contract with Republic Services of Indiana, LP d/b/a Serv-All for the collection and disposal of solid waste within the Town, and whereas the new contract increased the rate for such services charged to the Town; and

WHEREAS, it was the intent of the Town Council to pass the increase cost of collection to the users of the service in keeping with the past practice and ordinances of the Town; and

WHEREAS, on March 25, 2014 the Town Council voted to increase the solid waste disposal fee charged to the users of the service from $9.98 per month to $10.45 per month effective July 1, 2014—the date of the beginning of the new Serv-All contract; and

WHEREAS, the Town published the new trash collection rate and then issued coupon books to the users of the service with the new trash collection rate; and

WHEREAS, it was later discovered by the Town Council that notice of the rate increase must be published and a public hearing held before the adoption of the new rate; and

WHEREAS, Indiana Code 36-1-4-16 authorized the Town to ratify any action of the Town or its officers or employees if that action could have been apprOved in advance, provided that such ratification is done with the same procedure that would have been required for approval of the action in advance

WHEREAS, the Council desiring to avoid unnecessary confusion and expense incumbent on issuing new coupon books desires to ratify the Council’s action of increasing the rate on March 25, 2014; and

WHEREAS, the Council has now published the new rate and has held a public hearing regarding the rate increase as required by law; and

WHEREAS, following said public hearing the Town Council has determined to ratify the March 25, 2014 vote to amend said ordinance to adjust the rates charged for solid waste collection and to amend other provisions relating to billing and collecting for solid waste collection.

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LEO-CEDARVILLE, INDIANA;

Section 1.     The Town Council Vote of March 25, 2014 increasing the monthly rate of Residential Garbage Service from $9.98 to $10.45 beginning July 1, 2014 is hereby ratified by the Town Council.

Section 2.     Leo-Cedarville Town Code §50.07, subparagraph (A) is amended as follows:

A)   The annual rate of $109.68 is hereby increased to $125.40.

Section 3.     All parts of previous ordinances in conflict herewith are repealed to the extent of said conflict.

Section 4.     Upon passage of this rate ordinance by the Town Council and signature by the Town Council President this amendment shall take effect retroactive to July 1, 2014.

Section 5.     In the event any section, subsection, clause, phrase or portion of this chapter is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this chapter. It is the legislative intent of the council that this chapter would have been adopted if such illegal provision had not been included or any illegal application had not been made. If the effective date of this ordinance is determined to be invalid, then the ordinance shall become effective on the first date allowable by law.

Passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana on the   26   day of   August  , 2014.

  John Clendenen        
John Clendenen
Council President

              
Kevin Veatch
Councilman
  Kevin Veatch         

  Ted Garton               
Ted Garton
Councilman

  Tim Richards            
Tim Richards
Vice President

  Paul Steffens            
Paul Steffens
Councilman

Attestation of Clerk-Treasurer

I,   John Eastes  , the Clerk-Treasurer for the Town of Leo-Cedarville, Indiana, hereby attest that the ordinance set forth above was adopted by the legislative body of the Town of Leo-Cedarville on  August 26, 2014   and signed by the Executive for the Town of Leo-Cedarville, and properly executed

John Eastes, 9/9/2014
Each signature verified on 9/9/2014.   John Eastes John Eastes
Clerk-Treasurer