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CITY OF WEST CHICAGO
FINANCE COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: at 6;
An Ordinance Creating the Turner Court Properties
Scavenger Requirements Program FILE NUMBER:
COMMITTEE AGENDA DATE: Dec. 12, 2019
Ordinance 19-O0-0035 COUNCIL AGENDA DATE:
STAFF REVIEW: Tom Dabareiner AICP SIGNATURE 7 ( y,
APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE
ITEM SUMMARY:
Waste collection services for the City-owned Turner Court waste corrals broke down during the sum-
mer of 2019. Only a few of the businesses and property owners along Main Street had maintained
contracts with a waste collector for this service. Some businesses probably “fly-dumped” to garbage
containers elsewhere in the downtown. Others left their garbage outside of the containers and the cor-
rals, creating a public health and safety hazard. There was no way for code enforcement to effectively
associate the illegally dumped garbage with particular properties. Enforcement could have taken
months and would likely only have been partly successful. During this time, waste would still accumu-
late in an unsafe manner.
After considering various options City Staff decided to contract directly with a waste hauler and set up
a billing system for reimbursement from the property owners served by the Turner Court corrals,
which are the Main Street properties that back up to Turner Court. In August, the City obtained a con-
tract with Waste Management as the low bidder. Notices were sent to the property owners and waste
collection started shortly thereafter. Waste Management collected the old garbage still sitting in and
near the corrals prior to starting regular waste collection services. The City believed it was important
to start the waste collection aspect immediately to protect the health and safety of those in our down-
town. Total monthly bills are expected to be in the $450 to $600 range, which the City will cover
through December 2019.
The attached ordinance creates the “Turner Court Properties Scavenger Requirements” program,
which provides the authority required for the City to operate a billing system for reimbursement from
specific property owners, along with penalties for lack of payment, for the waste collection program. It
adds a new subsection to the City’s Municipal Code within Chapter 9, Article Vill-Scavengers under 9-
145.
The billing system would consist of the direct pass-through of the Waste Management invoice provid-
ed the City, plus a 15% administration fee, allocated based on the size of and use in each affected
building. A list of the buildings is included as Exhibit A of the proposed Ordinance. The allocation for-
mula was provided to the City by Waste Management and is based on their extensive experience. Al-
locations will range from about 1% to 14% of each bill, with offices at the lower end and restaurants at
the upper end.
Penalties would consist of a 10% fee for the first late payment. If still not paid, subsequent late _pay-

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ments would carry a $150 fine and be subject to possible additional fines as determined in Adminis-
trative Adjudication Court. Also, other means to encourage payment is authorized in the draft Ordi-
nance such as turning off water or liening the property. Follow-up by the City’s code enforcement divi-
sion would be similar to what currently happens with residents who fail to pay their Groot bill.
The attached draft Ordinance provides the required text to add Section 9-145 to the Municipal Code
and to create the Turner Court Properties Scavenger Requirements Program. Staff recommends ap-
proval.
ACTIONS PROPOSED:
Consider the proposed billing program and recommend the Ordinance.
COMMITTEE RECOMMENDATION:
Pec: Ordinance 19-O-0035

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ORDINANCE NO. 19-O0-0035
AN ORDINANCE CREATING THE TURNER COURT
PROPERTIES SCAVENGER REQUIREMENTS PROGRAM
WHEREAS, on or about September 5, 2019, the City of West Chicago (“CITY”) entered
into an agreement with Waste Management of Illinois, Inc. (“WMI”) for the collection of waste
from the CITY-owned garbage corrals located along Turner Court; and,
WHEREAS, the provision of consistent waste collection services enhances the public
health, safety and welfare of the CITY; and,
WHEREAS, the agreement with WMI defines the components of a fee charged to the CITY
by WMI for waste collection services which shall be re-allocated to the property owners
(“OWNERS”) of the addresses listed in Exhibit A, attached hereto and incorporated herein, via
invoice for reimbursement to the CITY; and,
WHEREAS, the invoicing for reimbursement from the OWNERS will begin with the waste
collection period starting with the first pickup in January 2020; and,
WHEREAS, the invoicing of each of the OWNERS shall be based on formulae, which may
change from time to time, provided to the CITY from WMI, and which represent an estimation of
the waste generated by different uses along Turner Court; and,
WHEREAS, the CITY shall generate and issue invoices on a monthly basis to the
OWNERS an amount based on the WMI fee and formula, plus an administrative fee added by the
CITY, and any late fees and penalties as deemed necessary and appropriate; and,
WHEREAS, the CITY shall take any and all appropriate actions to collect fees as detailed
herein.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West
Chicago, Du Page County, Illinois, in regular session assembled, as follows:
Section 1. That the “Turner Court Properties Scavenger Requirements” program is hereby
created in the City of West Chicago Municipal Code Sec. 9-145, as follows:
Sec. 9-145, — Turner Court Properties Scavenger Requirements.
(a) Turner Court service area. The Turner Court service area encompasses the
following addresses:
Ordinance 19-O-0035
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100 Main Street
102 Main Street
104 Main Street
108 Main Street
110 Main Street
112 Main Street
116 Main Street
118 Main Street
122 Main Street
124 Main Street
128-130 Main Street
132 Main Street
136 Main Street
200-202 Main Street
204 Main Street
208 Main Street
210 Main Street
212 Main Street
214 Main Street
216-218 Main Street
220 Main Street
222 Main Street
(b) Scavengers. Scavenger(s) with whom the city has contracted for exclusive service
in the Turner Court service area shall serve all units (commercial and/or residential) in the
area under the terms provided in the contract with the city.
(c) Use by units. Every occupant of the units in the service area shall use the
scavenger servicing the area and shall adhere to the terms of the contract between the chosen
scavenger and the city for such use, except when there is a valid building permit for work
which requires disposal of significant debris, then the property owner or contractor may use a
different disposal service for the duration of the project.
(d) Allocation. The city shall allocate the full amount of the fees proportionately to
each of the property owners based on the allocation formulae supplied to the city from the
scavenger,
(e) Payment. Payment to the city for the disposal services of the scavenger shall be
required on a monthly basis from the owners of the properties within the Turner Court service
Ordinance 19-O-0035
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area, based on full pass-through of the fee charged to the city from the scavenger selected by
the city, plus a 15% administrative fee assessed by the city on each bill.
(f) Penalty. When payment from any property owner is past due more than 30 days,
the property owner shall be deemed in violation, and the violation be subject to a 10 percent
(10%) penalty added to the bill. When payment from any property owner is past due more
than 60 days, the property owner shall be deemed in violation, and the violation be subject to
the provisions of this Code, Section 1-8.
(g) Utility shut off: Payment of the scavenger fee set forth therein on a timely basis
shall be required for the provision of city water services, as water service is an indicator of
unit occupancy. If the fee for the disposal service of the scavenger is not paid within one
hundred twenty (120) days from the date that such fees are due, and fees are not the subject of
an appeal from administrative adjudication, in addition to the penalty set forth in paragraph
(f), the city is authorized to terminate sewer and water service in the manner provided by this
Code, Chapter 18, Article I, section 18-12.
Section 2. That all ordinances and resolutions, or parts thereof, in conflict with the
provisions of this Ordinance are, to the extent of such conflict, hereby repealed.
Section 3. That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this day of , 2019,
Alderman J. Beifuss a Alderman L. Chassee _
Alderman J. Sheahan —— Alderman H. Brown ——,
Alderman A. Hallett ee Alderman M. Ferguson _
Alderman M. Birch-Ferguson Alderman S. Dimas _
Alderman C. Swiatek _ Alderman M. Garling _
Alderman R. Stout Alderman J. Short
Alderman N. Ligino-Kubinski
Ordinance 19-0-0035
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APPROVED as to form:
City Attorney
ADOPTED this day of , 2019.
Ruben Pineda, Mayor
ATTEST:
Nancy M. Smith, City Clerk
PUBLISHED:
Ordinance 19-O-0035
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