260.830. Landfill fee authorized, counties of third and fourth classification--approval, ballot, limitation.
Landfill fee authorized, counties of third and fourthclassification--approval, ballot, limitation.
260.830. 1. Any county of the third classification or any county ofthe second classification with more than forty-eight thousand two hundredbut less than forty-eight thousand three hundred inhabitants or any countyof the fourth classification with more than forty-eight thousand twohundred but less than forty-eight thousand three hundred inhabitants may orany county of the first classification with more than one hundred fourthousand six hundred but fewer than one hundred four thousand seven hundredinhabitants, by a majority vote of its governing body, impose a landfillfee pursuant to this section and section 260.831, for the benefit of thecounty. No order or ordinance enacted pursuant to the authority granted bythis section shall be effective unless the governing body of the countysubmits to the qualified voters of the county, at a public election, aproposal to authorize the governing body of the county to impose a feeunder the provisions of this section. The ballot of submission shall be insubstantially the following form:
Shall the county of ...................... (insert name of county)impose a landfill fee of .................... (insert amount of fee per tonor volumetric equivalent of solid waste)?
â ã YES â ã NO
If a majority of the votes cast on the proposal by the qualified votersvoting thereon are in favor of the proposal, then the order or ordinanceand any amendments thereto shall become effective on the first day of thecalendar quarter immediately after such election results are certified. Ifa majority of the votes cast by the qualified voters voting are opposed tothe proposal, then the governing body of the county shall have no power toimpose the fee authorized by this section unless and until the governingbody of the county shall again have submitted another proposal to authorizethe governing body of the county to impose such fee, and the proposal isapproved by a majority of the qualified voters voting thereon. If aneconomic development authority does not exist in a county at the time thata landfill fee is adopted by such county under this section, then thegoverning body of such county shall establish an economic developmentauthority in the county.
2. The landfill fee authorized by such an election may not exceed onedollar and fifty cents per ton or its volumetric equivalent of solid wasteaccepted, which charge may be in addition to any such fee currently imposedpursuant to the provisions of section 260.330.
(L. 1993 S.B. 80, et al. § 17, A.L. 2003 S.B. 11 merged with S.B. 546, A.L. 2007 S.B. 22)