HomeMy WebLinkAboutOrd 4409 03/17/1992 ORDINANCE NO. 4~09
;tN ORDINANCE CREATING A MUNICIPAL WASTE SYSTEM
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
the 17th day of March , 1992
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
18th day of March , 1992.
J J/CAF
2/13/92
2/26/92
ORDINANCE NO. 4409
AN ORDINANCE CREATING A MUNICIPAL WASTE SYSTEM
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: For the purpose of this Ordinance, the following
definitions are established:
AGENCY: The Solid Waste Agency of Northern Cook County.
MUNICIPAL The waste collection, transportation and disposal
WASTE system of the Village of Mount Prospect operated
SYSTEM: under an exclusive franchise license, pursuant to
a contract for said services authorized by the
President and Board of Trustees of the Village of
Mount Prospect, including all physical assets of the
Municipality used for the collection, transportation
and disposal of System Waste, all amounts on deposit
in the Refuse Disposal Fund and all amounts
collected on account of rates and charges imposed
under this Ordinance.
MUNICIPALITY: Village of Mount Prospect
PERSON: 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.
PROJECT USE The 1992 project use agreement by and between the
AGREEMENT: Municipality and the Agency, as amended from time
to time.
SYSTEM WASTE: A. Garbage and general household waste B. Bulk items, including sinks, toilets, white
goods, tree limbs, roots, tree trunks and
Christmas trees and wreathes
C. Municipal and municipal buildings waste
D. Construction and demolition waste
discarded by Persons occupying single family and
multi-family dwelling units as well as waste
generated from municipal buildings and/or in
conjunction with providing municipal services within
the corporate boundaries of the Municipality.
System Waste does not include yard waste discarded
by single family dwellings, multi-family dwelling
units or yard waste generated by municipal,
commercial or industrial operations.
SECTION ONE: Findinqs. The Municipality finds as follows:
A. It is necessary for and in the best interest of the
Municipality to regulate and control the collection,
transportation and disposal of municipal waste inthe exercise
of its police power in order to protect the heath, safety and
welfare of its residents; and
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B. The Municipality is authorized pursuant to Article VII,
Section 6 of the Illinois Constitution, Section 11-19-1 et
seq. of the Illinois Municipal Code, Ill. Rev. Stat. Ch. 24,
paragraph 11-19-1 and Section 3.2 of the Intergovernmental
Cooperation Act, Ill. Rev. Stat. Ch. 127 paragraph 743.2 to
provide for the method or methods of collection,
transportation and disposal of municipal waste within its
corporatelimits 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 (25) 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 THREE: Required Use of Municipal Waste System.
A. Except as permitted in subparagraph B of this Section, all
Persons owning or occupying real estate within the corporate
limits of the Municipality shall dispose of System Waste
through the Municipal Waste System. Ail 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 the
Municipality or as otherwise agreed to by the Agency and the
Municipality under the Project Use AgrEement.
B. Only System Waste collected from single family and/or multi-
family dwelling units as well as waste generated from
municipal buildings and/or in conjunction with providing
municipal services within the corporate boundaries of the
Municipality, excluding recyclable items or yard waste
materials, in the Municipality shall be disposed of through
the Municipal Waste System.
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 ky either the Municipality or the Agency.
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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 Five herein.
SECTION FOUR: Private Collectors and Haulers.
A. No Person shall collect, transport or dispose of System Waste
without first having entered into a contract with
Municipality.
B. Any contract authorized by Municipality for System Waste shall
be in compliance with the Exclusive Franchise License
requirements established by Municipality.
C. Any Person holding an Exclusive Franchise License issued by
the Municipality to collect, transport or dispose of System
Waste shall comply with the following obligations as a
condition of that Exclusive Franchise License:
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 from single family dwellings,
multi-family dwelling units and System Waste generated
from municipal buildings and/or an conjunction with
providing municipal services, to the transfer station
designed 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. The Municipality shall, pursuant to Chapter 19 of the Village
Code of Mount Prospect and/or the Exclusive Franchise License
Agreement, have the authority to revoke said Exclusive
Franchise License if the terms and conditions of said
Exclusive Franchise License and/or Chapter 19 are violated by
licensee.
E. Nothing in this Ordinance is intended to impair any license
or franchise issued before the effective date of this
Ordinance to any Person which authorizes the Person to
collect, transport and dispose of municipal waste which
constitutes System Waste to a location other than the transfer
station designated by the Agency and the Municipality.
SECTION FIVE: The Municipal Waste System Fund; Imposition of Rates
and Charaes.
A. There is hereby created and established a special revenue fund
of the Municipality known as the Refuse Disposal Fund, which
shall be separate andapart from all other funds and accounts
of the Municipality as provided in subsection H of this
Section Five.
B. Before the beginning of each fiscal year, the Director of
Finance shall recommend and the Municipality shall adopt a
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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. Maintai~ appropriate 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 Refuse Disposal Fund; and
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 and the
proceeds of taxes levied and to be collected which have been
assigned and pledged to 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 reserve funds for the Municipal Waste
System, including reserves for uncollected charges.
D. The rates charged by the Municipality for the Municipal Waste
System shall be in accordance with the terms and conditions
set forth in Chapter 19 of the Village Code and the Exclusive
Franchise License Agreement.
E. The Municipality shall have the responsibility of billing and
collecting all fees in conjunction with the operation of the
Municipal Waste System.
F. The owners and occupants of real estate 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 ofthis
Section.
G. The Municipality has established a policy relative to
penalties and delinquent bills, as set forth in Chapter 19 of
the Village Code of Mount Prospect.
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H. Ail amounts collected from rates and charges imposed under
this Section shall be deposited in the Refuse Disposal Fund
and, together with all other amounts deposited inthe Refuse
Disposal Fund, shall be separate and apart from all other
monies of the Municipality, except amounts deposited in the
Refuse Disposal Fund may be invested together with other funds
of the Municipality.
SECTION SIX: Effective Date. This Ordinance shall be in full
force and effect from and after its passage, approval and
publication in pamphlet in the manner provided by law.
AYES: Busse, Wilks, Corcoran, Floros, Hoefert
NAYS: C]0wes
ABSENT: None
PASSED and APPROVED this 17th day of Marnh , 1992.
Village Pre'sident //
ATTEST:
Carol A. Fields
Village Clerk