Title
Resolution to Affirm Certain Previously Adopted Solid Waste Charges and Fees in accordance with Hampton City Code § 32.2-48, Titled “Solid Waste Rate Determination; Fee Rates,” and to Adopt an Ordinance Amending the Hampton City Code by Repealing Chapter 32.1, Titled “Solid Waste,” in Its Entirety, and Reserving Chapter 32.1
Purpose
PURPOSE/BACKGROUND:
In 2023, Hampton City Code Chapter 32.1 Solid Waste was amended, restated and recodified in its entirety as Chapter 32.2 Solid Waste. In May 2024, as part of the Fiscal Year 2025 annual budget process, City Council adopted an ordinance increasing certain solid waste charges and fees, effective July 1, 2024. That ordinance was codified at Hampton City Code § 32.1-41, Titled “Solid Waste Rate Determination”. Section 32.1-41 is the only provision of Hampton City Code Chapter 32.1 that remains in effect at this time, as all other provisions were consolidated into Chapter 32.2. The current proposed resolution is a ministerial action to consolidate Section 32.1-41 and Section 32.2-48 by (i) affirming the current schedule of solid waste fees and charges in accordance with Section 32.2-48; and (ii) repealing Hampton City Code Chapter 32.1 in its entirety, including Section 32.1-41. The fee schedule prescribed and affirmed in the proposed resolution is the same as was previously adopted in Section 32.1-41. No fees or charges will change as a result of this resolution. Once the fee schedule is affirmed by this resolution, Hampton City Code Chapter 32.1 may be repealed in its entirety, as it will no longer be needed.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, the City of Hampton (“City”) is authorized, pursuant to Code of Virginia Section 15.2-928(A) (the “Virginia Code”), to provide and operate solid waste management facilities and appurtenances for the collection, management, recycling and disposal of solid waste, recyclable materials, and other refuse for the benefit of the residents and businesses of the locality electing to use City services;
WHEREAS, the Virginia Code further provides that the City may charge and collect compensation for such services;
WHEREAS, the City Council of the City of Hampton enacted an ordinance amendment to Section 32.1-41 during the Fiscal Year 2025 budget process that increased certain solid waste charges and fees;
WHEREAS, pursuant to Hampton City Code (the "City Code") Section 32.2-48, Titled “Solid waste rate determination; fee rates," the City Council, from time to time, by resolution, shall set the charges and fees as set forth in the City Code; and
WHEREAS, this resolution affirms the solid waste charges and fees set by City Council during the Fiscal Year 2025 budget process, which shall remain in effect for Fiscal Year 2026; and approves an ordinance repealing City Code Section 32.1-41, as it is superseded by the other provisions of this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hampton, Virginia that it:
A. Affirms by this resolution the following charges and fees as allowed under Chapter 32.2, Article IV, Section 32.2-48, which shall remain in effect and continue to be applied to the City’s solid waste bills.
All property owners or occupants who meet the criteria in Paragraph (b) of Section 32.2-48 of the City Code are required to pay a solid waste user and recycling fee, which shall be charged pursuant to the following conditions:
(1) The fee of $14.53 per week for up to two refuse containers shall be charged to property owners or occupants who do not participate in the City's recycling program. Property owners or occupants having more than two refuse containers shall be charged an additional $14.53 per week for each additional refuse container; and
(2) The reduced fee of $8.78 per week for up to two refuse containers shall be charged to property owners or occupants who participate in the City's recycling program. Property owners or occupants having more than two refuse containers shall be charged an additional $8.78 per week for each additional refuse container. Participation in the recycling program requires customers to recycle by placement of the approved recycling container curbside on the approved collection day at least one collection cycle in any 30 day period and be at least 25% full during any one collection cycle.
and
B. Approves and adopts an Ordinance Amending the Hampton City Code by Repealing Chapter 32.1, Titled “Solid Waste,” in Its Entirety, and Reserving Chapter 32.1, as follows:
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Hampton City Code Chapter 32.1, Titled “Solid Waste” is repealed in its entirety, and that Chapter 32.1 be reserved in the Hampton City Code as follows:
. . .
Chapter 32.1 RESERVED
. . .