CHAPTER 6
SOLID WASTE UTILITY

SECTION:

8-6-1:    Utility Created, Established

8-6-2:    Transfer Of Properties, Interests, Rights

8-6-3:    Saving Clause

8-6-1 UTILITY CREATED, ESTABLISHED:

There is hereby created and established a solid waste utility of the City. The City shall administer and control the solid waste utility as a separate City utility exercising all lawful powers necessary and appropriate for such utility including construction, condemnation and purchase, acquisition, addition to, maintenance, operation, management and regulation of solid waste.

8-6-2 TRANSFER OF PROPERTIES, INTERESTS, RIGHTS:

Whatever properties, interest and rights, whether tangible or intangible, held by the City of every kind and nature as they relate to solid waste, whether acquired by adverse possession, prescription, ordinance or otherwise, are hereby transferred to the solid waste utility. The value of these items, property rights and property is declared equal to the value of the release from responsibility therefor as the same may benefit the City’s general fund. All such rights, property, and property interests are therefore transferred to and subject to the administration of the solid waste utility created by this Chapter.

8-6-3 SAVING CLAUSE:

If any portion of this Chapter or any amendments hereto or its application to any person or circumstance, is held invalid or unconstitutional, such adjudication shall not affect the validity of the Chapter as a whole, or any section, provision or part thereof not adjudicated to be invalid or unconstitutional, and any part thereof held to be invalid or unconstitutional shall be severed from the Chapter as a whole with the remainder thereof remaining valid. (Ord. 3871, 12-3-84)