94-112 Resolution No. 94-112
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
KENNINGTON SQUARE HOMEOWNERS ASSOCIATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute an agreement on behalf of the City of Elgin with
Kennington Square Homeowners Association for the reimbursement
of garbage collection and refuse scavenger costs, a copy of
which is attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: May 11, 1994
Adopted: May 11, 1994
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT 11��
his Agreement is made and entered into this /01't day of
7,
�C, 1991, by and between the City of Elgin,
Illinois a municipal corporation (hereinafter referred to as
"City" ) , and kr�l�/V/i(7 7/C/ S'n��- /1T0 /(4(16 /( 6
(hereinafter referred to as "Association" ) . I1"" 6e,
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants contained herein, the sufficiency of
which is hereby acknowledged, the parties hereto agree as
follows :
1 . City shall provide reimbursement to Association for
its garbage collection and refuse scavenger costs (hereinafter
referred to as "costs" ) within thirty (30) days of City' s
receipt of reasonable documentation of Association' s costs;
provided, however, that such reimbursement payments shall be
made no more than once in any ninety-day (90) period.
2 . Association shall forward to the City's Director of
Public Works a copy of their existing private garbage and
refuse collection agreement. Each agreement, or separate
writing, shall provide the following minimum information:
a . Name and address of the collection firm;
b. Services provided. For recycling services a
detailed list of items collected shall be
provided;
c. Frequency of collection for each service
provided;
d. Address of disposal locations for each service
provided;
e. Size and number ( if applicable) of collection
containers; and
f . Costs for each type of service provided.
Any changes to the Association' s private agreement, or to
the information provided under this paragraph, shall be
transmitted to the City' s Director of Public Works within
thirty (30) days of the change.
3 . Each association shall forward copies of paid
invoices for all garbage and refuse collection services for
the 1993 calendar year.
4 . City' s Director of Public Works shall determine and
establish the amount of each reimbursement payment based upon
the following criteria:
a. Garbage and refuse collection reimbursement for
curbside pick-up shall be based upon once weekly
collection frequency and the number of owner
occupied units within the complex. The
reimbursement amount shall be the lower of the
association's existing agreement, or $5 . 81 per month
per unit.
b. Recycling reimbursement for curbside pick-up
shall be based upon once weekly collection frequency
and the number of units within the complex. All
units within the complex must participate in the
recycling program and provide for all classes of
recycling items as provided for by the City' s
recycling program. The reimbursement amount shall
be the lower of the association' s existing rate for
recycling, or $1 . 84 per month per unit.
c . In the event Association utilizes dumpsters, the
reimbursement rate shall be the lower of the
association's existing agreement, or $4 .25 per cubic
yard.
d. No reimbursement shall be provided for garbage
and refuse collection from Association's common
areas, for yard wastes, commercial area, or any
non-residential units in the complex.
5 . Association shall not appeal or otherwise contest in
any manner the aforementioned Director' s determination of
reimbursement amount, which shall be final .
6 . Association shall provide to City' s Director of
Public Works, the following information at least once every
ninety (90) days :
a. Garbage and refuse:
•
( 1) Number of collection points;
(2) Number of single family units;
( 3) Garbage and refuse collected by cubic yard.
b. Recycling:
( 1) Number of recycling bin pick-ups per month;
(2) Calculation of recycling participation rate;
( 3) Pounds of recycled materials collected per
month itemized:
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(a) newspaper (includes cardboard, magazines,
phone books, etc. )
(b) aluminum;
(c) tin;
(d) glass;
(e) plastic.
(4) Calculation of total pounds per unit on a monthly
basis .
7 . The City may authorize maximum percentage increases
effective on the following dates which increases shall not
exceed the following percentages :
a. Garbage and Refuse Collection
( 1) January 1, 1995 2 . 97%
(2) January 1, 1996 2 . 75%
(3) January 1, 1997 3 . 05%
(4) January 1, 1998 2 . 95%
b. Curbside Recycling
( 1) January 1, 1995 0 . 00%
(2 ) January 1, 1996 2 . 05%
(3) January 1, 1997 0 . 00%
(4) January 1, 1998 2 . 00%
8 . No reimbursement shall be made by the City until
this Reimbursement Agreement has been executed between the
City (signed by the City Manager) and the authorized legal
representative of the association, as contained in a
resolution adopted by the governing board of the complex, a
certified copy of which shall be provided to City within
thirty ( 30) days of the date of this agreement.
9 . Association shall hold harmless and indemnify City,
its agents and assigns, for and against any and all causes of
action, claims for damages, suits or other liability arising
out of or in connection with the performance of this
agreement, specifically including, but not limited to, any
damage to pavement.
10 . Association waives any and all rights it may have to
require garbage or refuse collection by City during the term
of this agreement.
11 . This agremeent shall be terminable at any time by
City at City' s direction upon fifteen ( 15) days written notice
to Assocation.
12 . This agreement shall terminate December 31 , 1998 .
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13 . If any of the terms of this agreement are determined
to be void or otherwise unenforceable, the remainder of the
agreement shall remain in full force and effect.
14 . This agreement shall be construed under and governed
by the laws of the State of Illinois .
15. This agreement shall not be construed to create a
partnership, joint venture, agency or employment relationship
between the parties hereto.
CITY OF ELGIN
By
City Manager
Attest•
City Clerk
WALL_
Sue Malone, Property Manager
By Kennington Square Homeowners Assoc.
Its
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