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1992-0242/26/92 ORDINANCE NO. 92- 24 AN ORDINANCE CREATING A MUNICIPAL WASTE SYSTEM WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, AS FOLLOWS: Section 1. There is hereby added to the Municipal Code of the Village of Buffalo Grove the following Sections which are to read as follows: Municipal Waste System Section 8.20.300 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, pursuant to this chapter, including all physical assets of the Munici- pality and licensee 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 Chapter. C. "Municipality" means the Village of Buffalo Grove, 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 agreement by and between the Municipality and the Agency, as amended from time to time. F. "System Waste" means garbage and general household waste from a residential Dwelling discarded by Persons within the corporate limits of the Municipality. System Waste does not include (1) institutional waste (2) commercial and office waste (3) industrial lunchroom waste (4) construction and demolition waste or (5) garbage and household waste from a mixed use pre- mises. Section 8.20.310 Findings. follows: The Municipality finds as A. It is necessary for and in the best interests of the Municipality to regulate and control the collection, transporta- tion 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 and Section 11 -19 -1 et seq. of the Illinois Municipal Code, Ill. Rev. Stat. ch. 24, Section 11 -19 -1 and Section 3.2 of the Intergovernmental Coopera- tion Act, Ill. Rev. Stat. ch. 127, Section 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 C. The Municipality acting pursuant to Article VII, Section 10 of the Illinois Constitution and Se.ction.3..2 of the Intergovernmental Cooperation Act has entered into an inter- governmental agreement with 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 effi- cient collection, transportation and disposal of System Waste by creating a Municipal Waste System, by providing for the disposal -2- of System Waste by delivery to the Agency and to impose the rates and charges provided for herein. Section 8.20.320 Required Use of Municipal Waste System. A. All Persons owning or occupying residential real estate within the corporate limits of the Municipality shall dispose of System Waste through the Municipal Waste System. All System Waste shall be collected by or on behalf of the Municipality pursuant to the terms of this Chapter 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. C. Any Person disposing of System Waste through the Municipal Waste System shall pay the rates and charges estab- lished by the Municipality. Section 8.20.330 Private Collectors and Haulers. A. No Person shall collect, transport or dispose of System Waste without a license issued pursuant to this Chapter 8.20. B. Any Person holding a license to collect, transport or dispose of System Waste shall comply with the following obliga- tions as a condition of that license: 1. Comply with all the laws, ordinances, rules and regula- tions 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 desig- nated by the Agency and the Municipality and at the direction of 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. Collect as agent for and promptly pay to the Municipal- ity all rates and charges imposed by the Municipality or Agency on Persons using the Municipal Waste System. -3- 5. Maintain accurate books and records and make them available to the Municipality upon demand. 6. Identify, pursuant to Agency rules, vehicles used to transport System Waste. 7. Deposit with the Municipality sufficient security as determined by the Municipality, to guarantee perfor- mance pursuant to the terms of this Chapter and to guarantee remittance of the rates and charges imposed by the Municipality. 8. To operate in a safe manner assuring to the greatest extent possible safety to the lives and property of all municipal residents. C. At time of application for any license issued under this Chapter 8.20, the applicant shall provide to the Municipali- ty a listing of all Residential Customers to be served ( "Customer List ") and projected annualized waste volume for said Customers. If any Residential Customer is added to or deleted from said Customer List, the Licensee shall so notify the Municipality in writing within 10 days of said change. Section 8.20.340 The Municipal Waste System Fund; Imposition of Rates and Charges. A. There is hereby created and establis-hed 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 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 expen- ses 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 thoseobligations; 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 Persons disposing of System Waste through the Municipal Waste System. QC 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 obliga- tions 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 Municipality shall prepare and deliver a monthly bill setting forth the estimated or actual amount of charges for use of the Municipal Waste System. The bill for each month shall be paid no later than 20 days from the date of said bill. A late charge of 3% shall be paid on all amounts due and unpaid on the due date. In the event all amounts due, including any late charges, are not paid by the end of the month in which they are due, interest shall be charged on all such unpaid amounts at the rate of 1% per month or portion of a month, which interest shall accrue beginning with the first day of the calendar month after the due date. E. In addition to the right to receive a late charge and interest, the Municipality reserves all other..-,r, hts and remedies it may have at law or in equity, including but not by way of limitation, revocation of license. Election of any remedy shall not be a waiver of any other remedy. F. The owners and occupants of residential 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 Chapter. 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, except amounts deposited in the Municipal._Waste.System Fund may be invested together with other funds of the Municipality. Section 2. This Ordinance shall be effective from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. -5- AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES : 0 - None ABSENT: 0 - None PASSED: March 2 1992. APPROVED: March 2 1992. PUBLISHED: March 3 1992. ATTEST: ]age Clerk APPROVED; .am 2/26/92 ORDINANCE NO. 92- 24 AN ORDINANCE CREATING A MUNICIPAL WASTE SYSTEM WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, AS FOLLOWS: Section 1. There is hereby added to the Municipal Code of the Village of Buffalo Grove the following Sections which are to read as follows: Municipal Waste System Section 8.20.300 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, pursuant to this chapter, including all physical assets of the Munici- pality and licensee 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 Chapter. C. "Municipality" means the Village of Buffalo Grove, 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 agreement by and between the Municipality and the Agency, as amended from time to time. F. "System Waste" means garbage and general household waste from a residential Dwelling discarded by Persons within the corporate limits of the Municipality. System Waste does not include (1) institutional waste (2) commercial and office waste (3) industrial lunchroom waste (4) construction and demolition waste or (5) garbage and household waste from a mixed use pre- mises. Section 8.20.310 Findings. follows: The Municipality finds as A. It is necessary for and in the best interests of the Municipality to regulate and control the collection, transporta- tion 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 and Section 11 -19 -1 et seg. of the Illinois Municipal Code, Ill. Rev. Stat. ch. 24, Section 11 -19 -1 and Section 3.2 of the Intergovernmental Coopera- tion Act, Ill. Rev. Stat. ch. 127, Section 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 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 inter- governmental agreement with 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 effi- cient collection, transportation and disposal of System Waste by creating a Municipal Waste System, by providing for the disposal -2- ..41 of System Waste by delivery to the Agency and to` impose the rates and charges provided for herein. Section 8.20.320 Required Use of Municipal Waste System. A. All Persons owning or occupying residential real estate within the corporate limits of the Municipality shall dispose of System Waste through the Municipal Waste System. All System Waste shall be collected by or on behalf of the Municipality pursuant to the terms of this Chapter 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. C. Any Person disposing of System Waste through the Municipal Waste System shall pay the rates and charges estab- lished by the Municipality. Section 8.20.330 Private Collectors and Haulers. A. No Person shall collect, transport or dispose of System Waste without a license issued pursuant to this Chapter 8.20. B. Any Person holding a license to collect, transport or dispose of System Waste shall comply with the following obliga- tions as a condition of that license: 1. Comply with all the laws, ordinances, rules and regula- tions 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 desig- nated by the Agency and the Municipality and at the direction of 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. Collect as agent for and promptly pay to the Municipal- ity all rates and charges imposed by the Municipality or Agency on Persons using the Municipal Waste System. -3- 5. Maintain accurate books and records and make them available to the Municipality upon demand. 5. Identify, pursuant to Agency rules, vehicles used to transport System Waste. 7. Deposit with the Municipality sufficient security as determined by the Municipality, to guarantee perfor- mance pursuant to the terms of this Chapter and to guarantee remittance of the rates and charges imposed by the Municipality. 8. . To operate in a safe manner assuring to the greatest extent possible safety to the lives and property of all municipal residents. C. At time of application for any license issued under this Chapter 8.20, the applicant shall provide to the Municipali- ty a listing of all Residential Customers to be served ( "Customer List ") and projected annualized waste volume for said Customers. If any Residential Customer is added to or deleted from said Customer List, the Licensee shall so notify the Municipality in writing within 10 days of said change. Section 8.20.340 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 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 expen- ses 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 (3) rates and charges to be imposed on Persons disposing of System Waste through the Municipal Waste System. -4- r 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 obliga- tions 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 Municipality shall prepare and deliver a monthly bill setting forth the estimated or actual amount of charges for use of the Municipal Waste System. The bill for each month shall be paid no later than 20 days from the date of said bill. A late charge of 3% shall be paid on all amounts due and unpaid on the due date. In the event all amounts due, including any late charges, are not paid by the end of the month in which they are due, interest shall be charged on all such unpaid amounts at the rate of 1% per month or portion of a month, which interest shall accrue beginning with the first day of the calendar month after the due date. E. In addition to the right to receive a late charge and interest, the Municipality reserves all other-rights and remedies it may have at law or in equity, including but not by way of limitation, revocation of license. Election of any remedy shall not be a waiver of any other remedy. F. The owners and occupants of residential 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 Chapter. 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, except amounts deposited in the Municipal Waste System Fund may be invested together with other funds of the Municipality. Section 2. This Ordinance shall be effective from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. -5- AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman Hendricks NAYES : 0 - None ABSENT: 0 - None PASSED: March 2 ' 1992' APPROVED: March 9 1992' PUBLISHED: March 3 1992' ATTEST: lager C�erk C i