94-220 Resolution No. 94-220
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
TYLER BLUFF 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
Tyler Bluff 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: August 10, 1994
Adopted: August 10, 1994
Omnibus Vote: Yeas 7 Nays 0
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Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
1 •
.4 OF tic.,
Agenda Item No .
ti.rkz.,01(0,
.0.94„„f f,046
July 8, 1994
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Multi-family Garbage Reimbursement Agreements
PURPOSE
This memorandum will provide the Mayor and Council with infor-
mation to consider the approval of an additional multi-family
garbage reimbursement agreement.
rh BACKGROUND
City Council directed that owner-occupied multi-family dwell-
ing units (Complexes) be incorporated within the City's Col-
lection system as of January 1, 1994 . Each Complex is site
specific in layout, frequency of collection, method of collec-
tion, number of collection stops, etc. A policy statement
was prepared following City Council authorization on February
9 , 1994 .
Staff prepared an "agreement" which would authorize the City
to reimburse each Complex for approved garbage/recycling
costs . Copies of the agreement were mailed to each Complex
(see attachment) on March 25, 1994 .
The City Council has approved agreements with 28 of the 30
complexes eligible for reimbursement. Of the remaining two,
one has executed their agreement and is ready for City Coun-
cil consideration:
29 . Tyler Bluff Homeowner' s Association.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Multi-family complexes have been contacted per the attached
summary sheet.
ebb.
emw MAYOR AND MEMBERS OF THE CITY COUNCIL
July 8, 1994
Page 2
FINANCIAL IMPACT
The list of units has been revised and presently totals 2,603
multi-family pickups . The one-year estimated additional cost
to the City, at the reduced rate of $7 . 65/stop/month (for
garbage and recycling) , now stands at $238,955 . Funds are
available in the Refuse Services Budget, Account Numbers
010-3331-754 . 33-02 and 010-3331-754 . 45-99 .
LEGAL IMPACT
None
RECOMMENDATION
It is recommended that the City Council approve this agree-
ment and authorize the City Manager and City Clerk to execute
same on behalf of the City of Elgin.
espectfuli s . 7ed,
atom ,
(aAA.voi
James L. Kristiansen
Public Works Director
Respectfully submitted,
LQ
Richard B. Helwig
City Manager
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Attachments
MLTFMLG.RB4/COWMEMOS
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JUL 081994
CITY OF ELGIN
AGREEMENT 'C;LIC WORKS
This Agreement is made and entered into this ///f day of
Pft/9-i-Lif , 199 , by and between the City of Elgin,
Illinois, a municipa corporation (hereinafter referre to as
"City" ) , and -77 �lZ (SICGl�rC /IO, f( /VfGc? S S/
(hereinafter referred to as "Association" ) .
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
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By � .. . . ��.
City Manager
Attest:
4/14T/lit, LAit_al/fIt>
City Clerk
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