Loading...
HomeMy WebLinkAboutORDINANCE - 2221 - 3/10/1992 - MUNICIPAL WASTE SYSTEM CREATEDORDINANCE N0. 2221 AN ORDINANCE CREATING A MUNICIPAL WASTE SYSTEM WHEREAS, the Village of Elk Grove Village is a member of the Solid Waste Agency of Northern Cook County; and WHEREAS, Agency members are obligated to enact regulations and controls with respect to its Municipal Waste System in amendments with the Project Use Agreement between the Village and the Agency; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois, as follows that a Municipal Waste System is hereby adopted as follows: Section 1. Definitions. (a) "Agency" means the Solid Waste Agency of Northern Cook County. (b) "Municipal Waste System" means the waste collection, transportation and disposal system of the Municipality operated under a franchise agreement entered into pursuant to Section 4, including all physical assets of the Municipality used for the collection, transportation and disposal of System Waste, all amounts on deposit in the Municipal Waste System Fund and all amounts collected on account of rates and charges imposed under this Ordinance. (c) "Municipality" means the Village of Elk Grove Village. (d) "Person" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, or corporation, or a receiver, trustee, conservator or other representative appointed by order of any court. (e) "Project Use Agreement" means the 1992 project use agreement by and between the Municipality and the Agency, as amended from time to time. (f) "System Waste" means (1) garbage and general household waste, (2) institutional waste, and (3) construction and demolition waste discarded by Persons within residential zoned districts reflected on the attached geographical service area map and further described as single-family attached and detached dwelling units, multi -family dwelling units, churches, hospitals and ancillary facilities (excluding medical waste), congregate housing, library and Village -owned municipal buildings. System Waste does not include industrial, commercial, office park, office transitional areas of the Village or governmental agencies other than the Village and the Library. Section 2. Findings. The Municipality finds as follows: (a) It is necessary for and in the best interests of the Municipality to regulate and control the collection, transportation and disposal of municipal waste in the exercise of its police power in order to protect the health, safety and welfare of its residents; and (b) The Municipality is authorized pursuant to Article VII, Section 6 of the Illinois Constitution, Section 11-19-1 et seg. of the Illinois Municipal Code, I11. Rev. Stat. ch 24, Para. 11-19-1 and Section 3.2 of the Intergovernmental Cooperation Act, Ill. Rev. Stat. Stat. ch 127, Para. 743.2 to provide for the method or methods of -2- collection, transportation and disposal of municipal waste within its corporate limits and to provide that the method chosen may be the exclusive method to be used within the corporate limits; and (c) The Municipality acting pursuant to Article VII, Section 10 of the Illinois Constitution and Section 3.2 of the Intergovernmental Cooperation Act has entered into an intergovernmental agreement with twenty-five other north and northwest suburban Cook County municipalities, thereby creating the Agency to provide an efficient and environmentally sound municipal waste disposal system; and (d) The Municipality intends to enter into a Project Use Agreement by which the Agency will acquire, construct, operate, equip and improve a municipal solid waste project to provide for the disposal of System Waste of the Municipality and other members of the Agency; and (e) Under the Project Use Agreement, the Municipality is obligated to establish a municipal waste disposal system, to cause System Waste collected within its corporate limits to be delivered to the Agency, and to make certain payments to the Agency, all as described in the Project Use Agreement; and (f) It is necessary and in the best interests of the Municipality to provide for the environmentally sound and efficient collection, transportation and disposal of System Waste by creating a Municipal Waste System, by providing for the disposal of System Waste by delivery to the Agency and to impose the rates and charges provided for herein. Section 3. Required Use of Municipal Waste System. (a) All Persons owning, or occupying real estate within the corporate limits of the Municipality shall dispose of the System Waste -3- through the Municipal Waste System. All System Waste shall be collected by or on behalf of the Municipality pursuant to the terms of this Ordinance and shall be delivered to a transfer station as directed by the Agency and theMunicipality or as otherwise agreed to by the Agency and the Municipality under the Project Use Agreement. (b) At any time the Health Coordinator deems it necessary to protect the health and welfare of the Village, any waste not otherwise prohibited by the Agency and not within the geographical service area of the Village can be delivered to the Agency, provided that the Agency agrees to accept such waste. (c) No Person shall dispose of System Waste through the Municipal Waste System unless the System Waste complies with all rules and regulations applicable thereto and established from time to time by either the Municipality or the Agency. (d) Any Person disposing of System Waste through the Municipal Waste System shall pay the rates and charges established by the Municipality under the provisions of Section 5. Section 4. Franchise Collection. (a) No Person shall collect, transport or dispose of System Waste without entering into a franchise agreement with the Village pursuant to this Section 4. Franchise agreements may be entered into with one or more contractors to service the defined geographical service area. (b) All franchisees shall operate within the guidelines of this ordinance and its franchise agreement with the Village. (c) Any Person who has entered into a franchise agreement to collect, transport or dispose of System Waste shall comply with the following obligations as a condition of that franchise: -4- 1. Comply with all the laws, ordinances, rules and regulations pertaining to the collection, transportation and disposal of System Waste as may be enacted from time to time by any lawful authority, including the State of Illinois, this Municipality and the Agency. 2. Deliver all System Waste to the transfer station designated by the Agency and the Municipality. 3. Maintain all equipment used to collect, transport and dispose of System Waste in good repair and working order and operate it efficiently and effectively. 4. Maintain accurate books and records and make them available to the Municipality upon demand. (d) Renewal and revocation of a franchise agreement shall be as delineated in the franchise agreement. (e) Properties within the defined geographical service area, reflected on the attached map, shall not be permitted to contract for scavenger services beyond October 31, 1994. Those properties with individual contracts include the following: Single -Family Attached Fox Run Quads - Parcel C Quads - Parcel E East Hamptons Elk Grove Town Estates Elk Grove Estates Townhome Two, Parcel G Hampton Farms Townhome Association Hampton Farms Townhouse Association Plumber Two Roundtree Commons Talbot's Mill Townhomes Multi -Family Boardwalk Condominiums Park Orleans Condominiums Park Chardonnay Condominiums Charonnday By The Lake Condominiums Village on the Lake Condominiums Washington Square Condominiums Willow Woods Condominiums Hampton Manor Apartments -5- Carroll Square Apartments Eagles on Tonne Apartments Hamilton Court Apartments Perrie Grove Apartments -even Perrie Grove Apartments - odd Regency Square Apartments Terrace Apartments Village Grove Apartments Churches Ascension Lutheran Church Gethsemane Presbyterian Church 69 Grange Road 301 Ridge Christus Victor Lutheran Prince of Peace United Church Methodist Church 1045 S. Arlington Heights Rd. 1400 S. Arlington Heights E1 Bethel Christian Center Queen of the Rosary Parish 777 Meacham Road 750 Elk Grove Boulevard Elk Grove Baptist Church 801 Beisner Road Elk Grove United Presbyterian Church 600 East Elk Grove Blvd Saint Julian Eymard Parish 601 West Biesterfield Saint Nicholas Episcopal Church 1071 Westview Drive Evangelical Lutheran Church Tri -Community Church of the Holy Spirit 1900 Nerge Road 666 Elk Grove Boulevard First Baptist Church 590 Tonne Road Congregate Housing Americana Nursing Home Hospital & Ancillary Facilities Wesleyan Community Church 545 Landmeier Road Alexian Brothers Medical Center and all associated facilities. Governmental Elk Grove Village Library All Village -owned Municipal Buildings Section 5. The Municipal Waste System Fund; Imposition of Rates and Charges. (a) There is hereby created and established an enterprise fund of the Municipality known as the Municipal Waste System Fund. which shall be separate and apart from all other funds and accounts of the Municipality as provided below in subsection (g). (b) Before the beginning of each fiscal year, the Village Treasurer shall recommend and the Municipality shall adopt a budget for the Municipal Waste System. The budget shall estimate the revenue required to (1) pay all operating and maintenance expenses of the Municipal Waste System, including all obligations to the Agency under the Project Use Agreement; (2) pay as they become due interest on and principal of any revenue bonds or other obligations payable from the revenues of the Municipal Waste System; (3) provide for all unpaid claims; and (4) maintain appropriate depreciation and reserve funds, including reserves for uncollected charges. The budget shall estimate the amounts available to pay those obligations from (1) taxes levied and anticipated to be collected pursuant to law; (2) other amounts deposited in the Municipal Waste System Fund; and/or (3) rates and charges to be imposed on Persons disposing of System Waste through the Municipal Waste System. (c) The rates and charges imposed for use of the Municipal Waste System shall be sufficient, after taking into account monies then on hand in the Municipal Waste System Fund, (1) to pay all operation and maintenance expenses of the Municipal Waste System, including all obligations to the Agency under the terms of the Project Use Agreement, (2) to pay as they become due interest on and principal of any revenue bonds or other obligations payable from revenues of the Municipal Waste System, (3) to provide for all unpaid claims, and (4) to provide adequate depreciation and reserve funds for the Municipal Waste System, including reserves for uncollected charges. -7- (d) The Municipality shall have the responsibility of billing and collecting all fees in conjunction with the operation of the Municipal Waste System. (e) The owners and occupants of real estates within the Municipality served by the Municipal Waste System shall be jointly and severally liable to pay all rates and charges imposed by the Municipality pursuant to the provisions of this Section. (f) Charges and penalties for delinquent payments shall be as set forth in Chapter 22A of the Municipal Code. (g) All amounts collected from rates and charges imposed under this Section shall be deposited in the Municipal Waste System Fund, and together with all other amounts deposited in the Municipal Waste System Fund, shall be separate and apart from all other monies of the Municipality, provided that amounts deposited in the Municipal Waste System Fund may be invested together with other funds of the Municipality. Section 6. That this Ordinance shall be in full force and effect from and after its passage and approval and publication according to law. VOTES: AYES: 6_ PASSED this 10th NAYS: 0 day of March APPROVED this 10th day of ATTEST: Patricia S. Smith Village Clerk in ABSENT: 0 , 1992. March , 1992. Charles J. Zettek Village President