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Home My WebLink AboutORDINANCES-1992-017-O-923-4-92 is 17-0-92 AN ORDINANCE Delivery of Waste from the Municipal Waste System WHEREAS, it is necessary for and in the best interest of the City of Evanston 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 WHEREAS, The City of Evanston is authorized pursuant to [Article VII, Section 6 of the Illinois constitution], Section 11-19-1 et sec. of the Illinois Municipal code, Ill. Rev. Stat. ch. 24 para. 11-19-1 and Section 3.2 of the Intergovernmental Cooperation Act, Ill. Rev. Stat. ch. 127, para. 743.2 to provide for the method or methods of 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 WHEREAS, the City of Evanston 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 WHEREAS, the City of Evanston intends to enter into a Project Use Agreement by which the Agency will acquire, 11 -9 17-0-92 • construct, operate, equip and improve a municipal solid waste project to provide for the disposal of System Waste of. the City of Evanston and other members of the Agency; and WHEREAS, Under the Project Use Agreement, the City of Evanston is obligated to establish a municipal waste disposal system, to cause System Waste collection 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 WHEREAS, it is necessary and in the best interest of the City of Evanston 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. • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION l: Definitions: a) "Agency" means the Solid Waste Agency of Northern Cook County. b) "Municipal Waste System" means the waste collection, transportation and disposal system owned and operated by the City of Evanston and/or under contract from the City of Evanston, including all physical assets of the Municipality used for the collection, transportation and disposal of System Waste. c) "Municipality" means the City of Evanston, Illinois. 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 6 --0- 17-0-92 • agreement by and between the Municipality and the Agency, as amended form time to time. f) "System Waste" means garbage and general household waste discarded by Persons from: 1. All single-family detached homes. 2. All multiple dwellings of four (4) or less units. 3. Townhouse or rowhouse dwellings units which are at least seventy five percent (75%) owner -occupied for the entire housing complex; provided, that the occupants thereof comply with the provisions of this Chapter. 4. Condominium buildings which are at least seventy five percent (75%) owner -occupied. 5. Cooperative apartment buildings which are at least seventy five percent (75%) owner -occupied. Exclusions from System Waste shall include wastes from all other residences, businesses, institutions or other legal entities located within the City of Evanston. The disposal of building materials is also excluded from system waste and disposal shall be undertaken by the dwelling occupant or owner at his own expense. • SECTION 2: Reauired Use of Municipal Waste Svstem. a) 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 the Municipality or as otherwise agreed to by the Agency and the Municipality under the Project Use Agreement. b) 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. SECTION 3: The Municipal Waste Svstem Fund; Imposition of Rates and Chartres. a) The Municipality designates a specified allocation from revenues derived from property taxes collected to cover costs for solid waste collection and disposal. If, however, an insufficient amount of revenue is collected, the Municipality will create an enterprise fund of the Municipality known as the Municipal Waste System Fund, which shall be separate and apart from all other 3 17-0-92 funds and accounts of the Municipality as provided below in • subsection e). b) Before the beginning of each fiscal year, the City Manager 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 budge 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 (3) rates and charges to be imposed on Person 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 depreciation and reserve funds for the Municipal Waste System, including reserves for uncollected charges. d) 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 of this Section. e) 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, except amounts deposited in the Municipal Waste System Fund may be invested together with other funds of the Municipality. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance shall be in full force and 0 • • 17-0-92 effect from and after its passage, approval, and publication in the manner provided by law. Introduced: e2 Guv„ , 1992.- Ado ted : � - �,u4 o"3 P ATTEST7� — ' City Clerk App ved as fo m: Corp aion Counsel , 1992. Approved: �, 1992. Mayor 5