12-2102.   Collection and disposal under contract or as municipalfunction; conditions as to certain cities over 120,000; facilities.The governing body of any city may provide for the collection anddisposal of garbage or trash or both of them and in doing so may providefor the collection and disposal of either one or both by contract or eitherone or both as a municipal function and any contract may be for not morethan ten (10) years and such contract shall not be considered as being inconflict with the cash basis and budget laws: Provided, That any suchcontract may be for not more than twenty (20) years by any city of thefirst class having the commission form of government with threecommissioners elected for terms of four years and a population in excess ofone hundred twenty thousand (120,000), and any change in form of governmentor number or terms of commissioners or population shall not affect thepower of any city qualifying at the time this act takes effect in theexercise of this power hereafter. If the city collects and disposes ofgarbage or trash or both as a municipal function it shall have power topurchase all necessary equipment, acquire all necessary land, build anynecessary buildings, incinerators or other structures, to lease land orotherwise acquire the right to use land for the disposal of garbage ortrash or both, and to do all other things necessary to a proper, effective,and sanitary disposal of garbage and trash: Provided, That garbagewhich may be disposed of through a sewage disposal plant may be disposed ofthrough the sewage disposal plant rather than by burning, burying, orfeeding or other disposal.

      History:   L. 1947, ch. 128, § 2; L. 1965, ch. 111, § 1; June 30.