Solid Waste Ordinance No. 7 and Charges Resolution (2007)

The Township Board of Lincoln Township, Midland County, having determined that it is necessary for the protection of the public health, safety and welfare of the residents of the Township that a sanitary means of collecting and disposing of solid waste, refuse and garbage is required within the Township and to assess the owners and users of such services therefore, and in accordance with Public Act 451 of 1994, as amended, and sections 4301, et seq., thereof, being MCL 324.4301, et seq.

The Township of Lincoln, Midland County, Michigan, ordains:

Section 1.

That Lincoln Township shall contract, with such persons or entities as the Township Board shall determine competent, to provide for the disposal of solid waste, refuse and garbage from properties located within the Township. The classification of properties to which this disposal is to be provided shall be identified, from time to time, by the Township Board. The just, reasonable and equitable service rate, including administrative expenses incurred by the Township, to be charged for the service shall be established by resolution of the Township Board, from time to time. Upon the adoption of such resolution, said charges stated therein shall be certified to the Township Supervisor.

Section 2.

Upon receipt of the Township Board resolution establishing the classification of properties to receive disposal services, the Township Supervisor shall determine the number of parcels in the Township falling within the classification and assess against those parcels the charges determined by the Township Board. Such assessments shall be collected or returned in the same manner as other Township taxes are certified, assessed, collected and returned. The Township Treasurer shall establish upon the books of the Township a separate fund into which fund shall be paid all assessments and such funds shall be used to defray the Township's contract charges and other expenses incurred in the administration of the contract and providing the service of collection and disposal of solid waste, refuse and garbage.

Section 3.

This Ordinance shall take immediate effect upon publication.

Certification

The above Ordinance No. 7 was adopted at a meeting of the Lincoln Township Board on the 14 day of August, 2007 and published in the Midland Daily News, a newspaper of general circulation in the Township of Lincoln on the ____ day of ____________, 2007.

At a meeting of the Township Board of the Township of Lincoln, County of Midland, held at the Township Hall on the 14 day of August, 2007, there were:

PRESENT: W, D, H, E, B
ABSENT: -0-

The following preamble and resolution were moved for adoption by ____________, and the motion was supported by ____________.

WHEREAS, the Lincoln Township Board has entered into a Contract with Republic for the collection and disposal of solid waste, refuse and garbage from single family and two family residences within the Township, exclusive of Old Oak Estates Mobile Home Park, and

WHEREAS, Lincoln Township Board has adopted an Ordinance by which the just, reasonable and equitable charges for said service shall be determined from time to time by Resolution of the Township Board, and

NOW, THEREFORE, BE IT RESOLVED, that the Lincoln Township Board hereby resolves that the just, reasonable and equitable charges for the collecting and disposing of solid waste, refuse and garbage from the single family and two family residences within the Township, exclusive of Old Oak Estates Mobile Home Park, including the administrative expenses incurred by the Township, for the years indicated are:

• 2007: 140.00
• 2008: 144.50
• 2009: 149.00

For purposes of the foregoing charges schedule, a year shall be deemed from Nov 1, 2007 through October 31 of the year designated.

BE IT FURTHER RESOLVED that commencing December 1, 2007 and annually thereafter, the foregoing charges are herein certified to the Township Supervisor for assessment against the premises served and shall be collected or returned in the same manner as other Township taxes.

A roll-call vote on the foregoing resolution was taken and was as follows:

YES: ____________________
NO: ____________________
ABSTAIN: ____________________