G3-94 (2) Ordinance No. G3-94
AN ORDINANCE -
AMENDING CHAPTER 9 .24 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "GARBAGE AND REFUSE"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1 . That Chapter 9 . 24 entitled "Garbage and
Refuse" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by amending Section 9 .24 . 020A to
read as follows :
A. Garbage and refuse collection service of
those materials specified in subsection B of this
section shall be provided to single-family
residences, duplexes, and apartment buildings
containing five or less dwelling units . Such
collection service shall not be provided to any
schools, churches, mobile homes, cooperatives or
_other apartment buildings containing six or more
dwelling units, commercial or industrial
establishments .
Section 2 . That Chapter 9 . 24 entitled "Garbage and
Refuse" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by amending Section 9 .24 . 020B to
read as follows :
B. The collection service provided shall be
limited to normal and customary refuse and garbage
produced or occurring at the residence served and
shall include waste resulting from the handling,
preparation, cooking and consumption of food;
combustible trash, including but not limited to
paper, cartons, boxes, barrels, wood furniture,
bedding; non-combustible trash, including but not
limited to, metals, tin cans, furniture containing
metal, and metal appliances such as stoves,
refrigerators, freezers and washers. The collection
service shall not include automobiles or auto parts,
concrete, gravel, or dirt. It shall be unlawful for
any person, firm or corporation to place or permit
another to place prohibited garbage or other refuse
on the tree bank or parkway adjoining a public
street or alley, or on a private street or alley
intended for collection by the city.
Section 3. That Chapter 9 .24 entitled "Garbage and
Refuse" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by amending Section 9 .24 .020C to
read as follows :
C. Garbage containers for city pickup shall
be placed on the tree bank or parkway adjoining the
public or private street or alley not later than
seven a.m. on the collection day and not earlier
than five p.m. of the preceding day. Containers
shall be returned to their storage area within
twelve hours of pickup. It shall be unlawful for any
person, firm or corporation to place or permit
another to place garbage or refuse on the tree bank
or parkway adjoining a public street or alley at any
other time.
Section 4. That all ordinances or parts thereof in
conflict with this ordinance are repealed.
Section 5 . That this ordinance shall be in full force
and effect from and after ten days after its passage and
publication in the manner provided by law.
s/ Robert Gilliam
Robert Gilliam, Mayor Pro Tem
Presented: February 9, 1994
Passed: February 9, 1994
Omnibus Vote: Yeas 6 Nays 0
Recorded: February 10, 1994
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
G c,
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Bon.
Agenda Item No.
January 14, 1994
TO: Mayor and Me.:1)ers of the City Council
FROM: Robert 0. Maim, Interim City Manager
SUBJECT: City of Elgin Garbage Collection Service
Owner-occupied Multi-family Dwelling Units
PURPOSE
To provide information to consider approval of a policy state-
ment and Code amendments relative to the subject matter.
r BACKGROUND
City Council have directed that "owner-occupied" multi-family
dwelling units (Complexes) be incorporated within the City's
collection system as of January 1, 1994 . Each Complex is
site specific in layout, frequency of collection, method of
collection, number of collection stops, etc. Consequently,
on December 1, 1993, City Council approved the development of
an Agreement with certain Complexes whereby they may retain
their current refuse hauler until December 31, 1998 with
garbage collection reimbursed by the City. Based upon Coun-
cil's approval, a policy statement is attached identifying
the salient features of a reimbursement agreement.
Also attached are changes to Chapter 9 .24 .020 of the Elgin
Municipal Code to accommodate all the desired "single-family"
residences (excluding mobile homes since they are considered
personal property, not fixed property and cooperatives as
they are not "owner-occupied") . Attached is an opinion pre-
pared by the Legal Department.
Also included is a master list of all the Complexes we have
identified to date which will be effected by this change in
policy. Cobblers Crossing (436 units) and Century Oaks West
Manor Houses ( 150 units) have been added to the City's collec-
ek tion routes as of the first of the year.
MAYOR AND MEMBERS OF THE CITY COUNCIL
January 14, 1994
Page 2
Nine Complexes are presently under construction. We will add
those specific units to the City's routes as they receive
occupancy permits. The remainder of the Complexes will be
covered by the proposed policy statement.
FINANCIAL IMPACT
The list of units totals 2,626 multi-family pickups. The
one-year estimated additional cost to the City, at the re-
duced rate of $7 .65/stop/month (for garbage and recycling) ,
now stands at $241,065.
LEGAL IMPACT
The amendment does not require owner-occupancy. Enforcement
is problematic and such classification (owner-occupied) is of
doubtful legality.
RECOMMENDATIONS
It is recommended the Mayor and Council approve the policy
statement and amendments to Chapter 9.24 .020 of the Elgin
Municipal Code as proposed.
ert alm, Interim City Manager
ROM:GWM:mg
Attachments
1/14/94
CITY OF ELGIN
POLICY
Multi-Family Dwelling Units
This policy statement has been prepared by authority of Elgin
Municipal Code Chapter 9.24.030 Garbage and Refuse, Rules and
Regulations.
On January 26, 1994,. Elgin City Council amended Chapter 9 .24
Garbage and Refuse of the City Code, to include multi-family
dwelling units, within the City of Elgin's refuse and garbage
collection system effective January 1, 1994. In order to
accomplish a smooth transition incorporating such dwelling units
within the City's collection system, Elgin City Council has
authorized the retention by each multi-family complex of their
existing garbage and refuse scavenger until December 31, 1998,
at which time the City will accomplish the collection of garbage
and refuse, and all private agreements must be terminated.
Each complex may, subject to the approval of the Director of
Public Works, terminate their agreement with their private
scavenger or, upon the expiration of their agreement with their
private scavenger, be included within the City's collection
program, prior to December 31, 1998.
The City of Elgin will reimburse each multi-family complex on a
quarterly basis, effective January 1, 1994, subject to
compliance with the following conditions:
1. Each complex will identify (include name, address and
phone number) an individual legally empowered to act on
behalf of the complex concerning a garbage and refuse
collection reimbursement agreement with the City of Elgin.
Each complex shall provide up-dated information within 30
days of any change of contact person.
2. Each complex will forward to the Director of Public Works a
copy of their existing private garbage and refuse
collection agreement. Each agreement, or separate writing,
will 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 must 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.
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f. Costs for each type of service provided.
Any changes to the complex's private agreement, or to the
information provided under this paragraph, will be
transmitted to the Director within 30 days of the change.
3. Each complex will forward copies of notarized paid invoices
for all garbage and refuse collection services for the 1993
calendar year.
4. Based upon a review of the complex's existing garbage and
refuse agreement, the Director will determine the quarterly
reimbursement amount as follows:
a. Garbage and refuse collection reimbursement for curbside.
pick-up will be based upon once weekly collection
frequency and the number of owner occupied units within
the complex. The reimbursement amount will be the lower
of the complex's existing agreement, or $5.81 per month
per unit.
b. Recycling reimbursement for curbside pick-up will 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 will be the lower of the complex's existing rate
for recycling, or $1.84 per month per unit.
c. For those complex's utilizing dumpsters, the
reimbursement rate will be the lower of the complex's
existing agreement, or $4.25 per cubic yard.
d. No reimbursement will be provided for garbage and refuse
collection from a complex's common areas, for yard
wastes, commercial area, or any non-residential units in
the complex.
5.. As a condition for reimbursement by the City, the complex
will provide the following minimum data on a quarterly
basis:
a. Garbage and refuse:
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(1) No. of collection points
(2) No. of single family units
(3) Garbage and refuse collected by cubic yard
b. Recycling:
( 1) No. 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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r •(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 .
6. All applications for reimbursements shall be made on a
quarterly basis, and within sixty days of the end of each
billing quarter. Each application shall include:
a. Notarized paid receipts for garbage and refuse
collection and recycling, for the billing quarter, and
certified correct by the legal representative of the
complex.
b. Complete data as required by paragraph 5 above.
7. The City will authorize the following maximum percentage
increases effective on the following dates:
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 will be made by the City until a
Reimbursement Agreement has been executed between the City
(signed by the City Manager) and the authorized legal
representative of the complex, as contained in a resolution
adopted by the Governing Board of the complex.
9. Each complex with private streets or parking areas shall
sign a hold harmless agreement with the City and the City's
contractor (Waste Management-West) indicating that neither
the City or its ' contractor is responsible for damage to
existing pavement.
The Director of Public Works may amend this policy statement
from time-to-time as needed for clarification or to accommodate
other issues and concerns which may arise relative to the
inclusion of owner-occupied multi-family dwelling units within
the City's garbage and refuse collection program.
JLK:do
DRAFT 1/10/94
RORD/GARBAGE. 1
Ordinance No.
AN ORDINANCE
AMENDING CHAPTER 9.24 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "GARBAGE AND REFUSE"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1. That Chapter 9.24 entitled "Garbage and
Refuse" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by amending Section 9.24.020A to
read as follows:
A. Garbage and refuse collection service of
those materials specified in subsection B of this
section shall be provided to single-family
residences, duplexes, and apartment buildings
containing five or less dwelling units. Such
collection service shall not be provided to any
schools, churches, mobile homes, cooperatives or
other apartment buildings containing six or more
dwelling units, commercial or industrial
establishments.
Section 2. That Chapter 9 .24 entitled "Garbage and
Refuse" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by amending Section 9.24.020B to
read as follows:
•
B. The collection service provided shall be
limited to normal and customary refuse and garbage
produced or occurring at the residence served and
shall include waste resulting from the handling,
preparation, cooking and consumption of food;
combustible trash, including but not limited to
paper, cartons, boxes, barrels, wood furniture,
bedding; non-combustible trash, including but not
limited to, metals, tin cans, furniture containing
metal, and metal appliances such as stoves,
refrigerators, freezers and washers. The collection
service shall not include automobiles or auto parts,
concrete, gravel, or dirt. It shall be unlawful for
any person, firm or corporation to place or permit
another to place prohibited garbage or other refuse
on the tree bank or parkway adjoining a public
street or alley, or on a private street or alley
intended for collection by the city.
r
Section 3. That Chapter 9.24. entitled "Garbage and
Refuse" of the Elgin Municipal Code, 1976, as amended, be and
is hereby further amended by amending Section 9.24.020C to
read as follows:
C. Garbage containers for city pickup shall
be placed on the tree bank or parkway adjoining the
public or private street or alley not later than
seven a.m. on the collection day and not earlier
than five p.m. of the preceding day. Containers
shall be returned to their storage area within
twelve hours of pickup. It shall be unlawful for any
person, firm or corporation to place or permit
another to place garbage or refuse on the tree bank
or parkway adjoining a public street or alley at any
other time.
Section 4. That all ordinances or parts thereof in
conflict with this ordinance are repealed.
Section 5. That this ordinance shall be in full force
and effect from and after ten days after its passage and
publication in the manner provided by law.
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George VanDeVoorde, Mayor
Presented:
Passed:
Vote: Yeas Nays
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
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7.Eic-FgtgaVq
DECi ) 1s43
December 8, 1993
• CITY OF ELGIN
MEMORANDUM ENGINEERING DEPT.
TO: James L. Kristiansen, Director of Public Works
FROM: Erwin W. Jentsch, Corporation Counsel
SUBJECT: Refuse Collection
In response to your memorandum of December 6, 1993, following
is an excerpt from an opinion of the Illinois Appellate Court,
Second District, in which the cooperative apartment was
discussed:
Three types of cooperative apartments are described
in 1 American Law of Property, sec. 3.10, at 199-200
(1952) , which contains the following discussion of
the most prevalently employed type, which involves
corporate ownership of the apartment complex:
elk "Shares of stock . . . are sold to persons who will
occupy the housing units, the number of shares . . .
depending on the value of the particular apartment
or unit. 'Proprietary' leases are issued by the
corporation to the shareholders. These leases
contain provisions common to other leases. . .
Rent, which is subject to being increased or
decreased, is based upon estimates of amounts
necessary to pay operational costs and interest and
installments of principal on any capital
indebtedness. Other provisions include covenants
againstassignment without the consent of the board
of directors or of the corporation, that the tenant
will make inside repairs but no structural changes,
and that the corporation may forfeit the lease for
breach of various of the (sic) covenants or
violations of the rules of conduct established by
the corporation.
•
It would seem clear that the lease in the usual
cooperative apartment organization creates the
relation of landlord and tenant between the
corporation and the shareholder-occupant. Of course
the purpose of the organization is to approach
individual home ownership as nearly as is possible
in a situation where the only practical solution is
rft. common operation and management of many features,
and the number of occupant's shares are determined
by the value of the apartment he occupies . But in
legal theory the corporation is distinct from its
shareholders, no one of whom has a right to receive
James L. Kristiansen 2 December 8, 1993
r
legal title to any specific property of the
corporation under the better-drawn plans, and it is
necessary that this distinction be observed in order
to carry out the purposes of the cooperative. The
courts have recognized that the relation is that of
landlord and tenant in allowing the corporation the
usual remedies of a landlord against a tenant." See
Sinnissippi Apartments, Inc. v. Hubbard, 114 Ill.App.
3d 151, 69 Ill.Dec. 889, 448 N.E.2d 607 (1983) . .
I agree that in the event that the restriction in service to
public streets is removed, mobile homes would be entitled to
service. In order to exclude service to mobile homes, the
reasons for the distinction from other residential uses should
be reviewed.
EWJ
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:„:„i:i...,..:i:i.i..iiiii:.i.::i:Ei.:i•-:ii.,..:,..r...Ei :.:•:i.iii.ii:i:i..::i..i.i.iii:ii.•:::.i. ii.i.ii.ii:-:. ...iii,„ ..... ,.,-------- ••••—-,- -- - ---------------------------:::-••------ .------ . -----.. • •• :-•.•::.
ide:sem ce:::::::::::::::::::::::::::::.::::::::::::::.:::::::::::..::.„......:,::::: ..,:::„:::,.,... :.•.: •• .•••
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lk -' -.- • . - --- : -- .......-..-:.,.:..:::...:.:..::.:.:.::. :. .:.. .......... .
e . COMPLJC' LOCATION ANtts Hauler Type ::: ::: . Con,.f.a..ct:. ...... : :: :::::::::
I Century Oaks West N&W of N Lyle Ave 150 • Ms.Chris Evans 1251 Plum Grove Rd.
Manor Homes W of Devonshire ct • Wm-vv curb Vanguard 695-0086 Suite 140
Creelcslde Circle Mgmt. 490-3833 Schaumburg,1160173
I Cobblers Crossing N side Summit St- . 436 Properly Specialists Sue Pfluger
(4 separate 358-6079 236W.Northwest Hwy.
(ind.blIfing) Shady Oaks Dr,etc. INM-W curb Homeowners Assoc.'s) Palatine, IL
Hickory Ridge NE Corner Randall Rd 52 . Bob Bergtan 5 Virginia Rd.
Waverly Commons &W.Highland Ave WM-W curb NW Prop.Mgrnt. 815-459-9187 Crystal Lake IL 60014
Waverly Commons/ NE&NW Comers - 72 Don Rage 1450 Plymouth Ln.
Highfield Place Waverly&Jefferson WM-W curb Rage Mgmt 742-5555 Elgin,IL 60123
* Lincolnwood Terrace 1959 W Highland Ave 19 Homeowner's C.Kellenberger 984 Glenmore Lane
&Presidential Ln WM-W curb Assoc. 888-1010 •Elgin,IL 60123
Oak Grove W side Hoxie Ave ext'd 3
N of W Highland Ave WM-W curb
* Oaks Club 445 Randall Rd 58 Homeowner's Lori Thuestad 1595 Weld Rd.
WM-W curb Assoc. 695-0132 Elgin,IL 60123
Sandy Creek Manor N side W Highland Ave 27 1971 Sandy Creek Dr.
Homes Between N Aidite St Homeowner's Wm.Eichhorst P.O.Box 762
. ..
&N Lyle Ave . WM-W curb Assoc. 741-5345 Elgin,IL.60123
Williamsburg Terrace 1959 W Highland Ave 13 ' Homeowner's Bill Schram 283 Governors In.
Governors Ln. WM-W curb Assoc. 742-4963 Elgin,IL 60123
* Wood Bridge Condo's College Green Rd. 91
Phase I S of RL 20 Michele Nystrom 33973 N.Hunt Club Rd.
E of Randall WM-W curb Westfield Homes 697-4098 Gurnee IL.60031
* Century Oaks Square 132 Phil!
rk (Stonegate of C.0. Big Timber Wencek Wencek 302 N.Mite St
Phases I&II) &N Lyle Ave WM-W curb Builders Inc. 741-6556 Elgin,IL 60123
Pine Meadow NW corner S McLean 68 Don Rage 1450 Plymouth Ln.
&Bowes Rd Area curb Rage Mgmt 742-5555 Elgin,IL.60123
* Windmere Cove 284 Gale St N of 48 Don Rage 1450 Plymouth Ln.
South &E of Randall Area crab Rage Mgmt 742-5555 Elgin,IL.60123
* Milicreek NE corner Randall Rd 89 Don Rage 1450 Plymouth Ln.
Tovmhonvas &Fletcher Dr • Area curb Rage Mgmt 742-5555 Elgin,IL.60123
Maplewood Condo's West of McLean Blvd 16 Don Rage 1450 Plymouth Ln.
N end of Heine Area curb Rage Mgmt 742-5555 Elgin,IL.60123
* Oakwood Hills S of E Chicago St 304 Sales ' Marjorie Wright 1101 Canterbury Ct.
E&W of Ceresa Dr Area curb Office - 742-6700 Elgin,IL.60120
Tyler Bluff W side N State St 60 Homeowner's Pat Hill 1090 Florimond Dr.
• Not Big Timber Rd BFI curb Assoc. 741,7284 Elgin,IL.60123
Spring Cove 1700 W Highland Ave 10 Homeowner's Dr.Myron Elliott 264 Spring Cove Dr.
Schrieber curb Assoc. 741-0355 Elgin,IL 60123
Spring Oaks . N side Big Timber Rd 17 Homeowner's Shirley McComb #10 White Oaks Ln.
E of Randall Rd Schrieber curb Assoc. 931-4845 Elgin,IL.60123
* Highland Springs N side W Highland Ave 14 A.Assoc.#1 Joel Dahthauser 2343 Robin Ln.
Condo Assoc. E of Randall Rd Schrieber curb Property Owners 931-4855 Elgin,IL.60123
21 B.Assoc.#2 BillBumidge 1750 Grandstand Pl.
Schrieber• curb Bumidge Properties,L.t 741-5950 Elgin IL.60123
84 C.Assoc.West Barb Thumeau 1750 Grandstand Pl.
Schrieber curb C&L Farms 741-5950 Elgin IL.60123
* Cobblers Crossing N.of Shoe Factory Rd.
Unit 13A W.of Toastmaster Dr. 164 None Curb None None N/A
rTOTAL 4 1,9481. ..igi.iiiikokimmilmimmagveisg:iiiikg.eiiiki*::iiiiiiii:i:3EmargwEEkii::E;iii:iii,iiaimiwiniA
/ Has been included under city contract wAN.M.W.beginning 1-3-94
- Apt's converted to Condo's •
* Under Developement •
C OPWIMULTIFAM WB1
Baan-94
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.:.........................................:... :....... . ..:.. FAMILY.PICK-UP _......... . :.. -.
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Container Service ::: :.;... - . .. ....: .
::::.:;NAME OF : :.-:--4-..:-.-:::: . . Svc.:: ::::::::::Property.::. :::::::.;:::::::.:::
:>'> MPL:.c..< > LOCATION ;UNITS Hauler `Typetanager :.:::`: :......:...Contact ... .........Address
Garden Court NW corner Wing St& 169 Don Rage 1450 Plymouth Ln.
Townhomes Garden Crescent Dr WM W contnr Rage Mgmt 742-5555 Elgin,IL.60123
Park Terrace 764-774 Terrace.Court 18 Homeowner's Pat Hi I 1090 Florimond Drive
(North Side) WM-W contnr Assoc. 741-7284 Elgin,IL.60123
Denver Condo Assn. 712 W Highland Ave 6 Homeowner's Ron Malinski 712 W.Highland Ave.
Arc contnr Assoc. 741.6183 Unit 115
- Lord's Park Terrace Court 35 -Don Rage 1450 Plymouth Ln.
Condo's (South Side) Area contnr Rage Mgmt 742-5555 Elgin,IL.60123
Tyler Towers Plymouth Lane 79 Don Rage 1450 Plymouth Ln.
(High Rise) Area contnr Rage Mgmt 742-5555 Elgin,IL.60123
Sandy Creek Condo's N side W Highland Ave 60 Don Rage 1450 Plymouth Ln.
W of Lyle Ave Area contnr Rage Mgmt 742-5555 Elgin,IL.60123
Kennington Square N side Summit St at 173 Homeowner's 400 Kenneth Circle
Hunter Dr-Kenneth Cr Laidlaw contnr Assoc. Torn Walton Elgin IL.60120
Regency Woods 17-33 Garden Crescent 17 Ron Stonebreaker 9N807 Koshare Tr.
Condo's Schrieber contnr Rage Mgmt 888-1240 Elgin,IL.60123
Shady Grove 2080 W Highland Ave 23 Phill • '
NW Corner Wencek Wencek 302 N.Airlite St.
Highland&Airlite Schrieber contnr Builders Inc. 741-6556 Elgin,IL.60123
Stonebriar Highland Ave& 20 Don Rage 1450 Plymouth Ln.
N Lyle Ave(NW Car.) Schrieber oontrx Rage Mgmt 742-Crf..6 Elgin,IL.60123
• Regency South Randall Road& 54 Don Rage 1450 Plymouth Ln.
South Street(N E Cor.) Schrieber contnr Rage Mgmt 742-5555 Elgin,IL.60123
r Stonegate Condo's of NE Corner of Highland 24 Homeowner's Amy Ernster 321 N.Amite St.Unit A
Valley Creek &Airlite Valley contnr Assoc. • 697-1229 Elgin,IL.60123
;:titin:w.:.:!{;:{:{.
TOTAL CURB SIDE PICKUPS 1,948 _.:}.>.::#<::«<:>.<v:><:;:::>;:>:::,:. >.:..:.:::::::.........:.:..:.:.:::::::::::.::.::::....:.....:.......:::...........:::.....:.:.:..:....,-.:.::.,,v r>.::.}{..,,,,,:-
TO AL CONTAINER PICKUPS s
::?$ :i .:vvk.::
xb}..}.:- ...........}...•!x �: 'fi::iY::S:.:S:`v{ ':
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TO MULTI FAMILY PICKUPS . 2,626 >: ,a'K: : : :Mf:y ^dQ'M.:i.nv: Gw : v : tit.:w:.:i.: v .::.: i,_ a{, N , :
# Has been included under city contract w/W.M.W.beginning 1-3-94
- Apt's converted to Condo's
* Under Developement .
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