260.247. Annexation or expansion of solid waste services by city, notice to certain private entities, when--city to contract with private entity, duration, terms.

MISSOURI STATUTES AND CODES

260.247. Annexation or expansion of solid waste services by city, notice to certain private entities, when--city to contract with private entity, duration, terms.

Annexation or expansion of solid waste services by city, notice tocertain private entities, when--city to contract with privateentity, duration, terms.

260.247. 1. Any city or political subdivision which annexes an areaor enters into or expands solid waste collection services into an areawhere the collection of solid waste is presently being provided by one ormore private entities, for commercial or residential services, shall notifythe private entity or entities of its intent to provide solid wastecollection services in the area by certified mail.

2. A city or political subdivision shall not commence solid wastecollection in such area for at least two years from the effective date ofthe annexation or at least two years from the effective date of the noticethat the city or political subdivision intends to enter into the businessof solid waste collection or to expand existing solid waste collectionservices into the area, unless the city or political subdivision contractswith the private entity or entities to continue such services for thatperiod. If for any reason the city or political subdivision does notexercise its option to provide for or contract for the provision ofservices within an affected area within three years from the effective dateof the notice, then the city or political subdivision shall renotify undersubsection 1 of this section.

3. If the services to be provided under a contract with the city orpolitical subdivision pursuant to subsection 2 of this section aresubstantially the same as the services rendered in the area prior to thedecision of the city to annex the area or to enter into or expand its solidwaste collection services into the area, the amount paid by the city shallbe at least equal to the amount the private entity or entities would havereceived for providing such services during that period.

4. Any private entity or entities which provide collection service inthe area which the city or political subdivision has decided to annex orenter into or expand its solid waste collection services into shall makeavailable upon written request by the city not later than thirty daysfollowing such request all information in its possession or control whichpertains to its activity in the area necessary for the city to determinethe nature and scope of the potential contract.

5. The provisions of this section shall apply to private entitiesthat service fifty or more residential accounts or any commercial accountsin the area in question.