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OPINION NO. 75-11 April 24, 1975 SUBJECT: Refuse Collection Billing REQUESTED BY: Director of Public Works OPINION BY: Charles J. Liberto, Acting City Attorney BY: Richard E. Lay, Deputy City Attorney QUESTION: May the city bill a mobile home park for refuse collection services, where the mobile home rents dumpsters and also has entered into a carry-out contract with the refuse collection contractor for parking site collection? ANSWER: Yes. The City is entitled to bill the mobile home park the standard fee for curb-side col- lection. The collection contractor is entitled to additional costs involved in parking-site collection pursuant to agreement between the mobile-home park and the contractor. The con- tractor is also entitled to bill for dumpster rental by the mobile-home park. ANALYSIS Refuse collection rates are currently established by City Council Resolution 75-28 (copy attached) pursuant to the authority granted in S.A.M.C. Section 16-34(f). The resolution reflects the fact that the City offers a container (dumpster) collection service in addition to the re- gular (non-dumpster) collection service. Each type of service is distinct, requiring its own type of collection truck. For regular service the City bills the user and pays the collection contractor for supplying the service. For dumpster service, the user pays the collection contractor directly, in the form of rent for the dumpsters. In this case, the mobile home park obtains dumpster service pursuant to the rental scale set out in paragraph 5c of the resolution. In addition it obtains a regular (i.e., non-dumps- ter) collection service. By special agreement between the mobile home park and the collection contractor, pursuant to the second -40-