ORDINANCE NO. 10-0-20

An Ordinance Amending Chapter 10 of the Municipal Code for the City of Waukegan, regarding Garbage, Trash and Refuse.

             Whereas, it is the intent of the City of Waukegan to recoup a small portion of the costs of providing refuse collection service by imposing a quarterly service charge;

            Whereas, the corporate authorities of the City of Waukegan are authorized to “finance . . . the collection and disposal, treatment or recycling . . . of garbage, refuse and ashes by service charges to be collected from persons, firms, and corporations receiving such service” by Illinois Statute, specifically 65 ILCS 5/11‑19‑4;

            Whereas, pursuant to its home rule powers and authority available under the Illinois State Constitution, the City of Waukegan has authority in excess of the Statutory provisions of general application to all municipalities in the State of Illinois; and

            Whereas, the quarterly service charge contemplated will not produce revenues in excess of the expenses associated with City of Waukegan’s provision of refuse collection services;

            Therefore, be it ordained by the corporate authorities of the City of Waukegan, Lake County, State of Illinois that a Section 10-16 be created and appended to Chapter 10 of the Municipal Code of the City of Waukegan, and that such section contain the following provisions:

Sec. 10-16 Regulation of rates for residential collection of garbage, refuse, yard waste and recyclable materials.

(a)        Base rate. The quarterly service charge in order to recuperate the expenses associated with the City of Waukegan’s provision of once-a-week curb refuse pickup service for residential customers shall not exceed the amount of $5.00. This charge shall not apply to businesses, apartment buildings, or any residence with more than three separate dwelling units.

(b)        The City Council may review the rates at any time in the event of cost increases such as fuel, compost or landfill charges. Any increase in residential rates exceeding the maximum amounts listed herein is subject to the prior approval of the City Council. In no case shall the charged amount be in excess of the expense of providing such service.

(c)        The City Collector shall have the authority to establish and promulgate regulations consistent with the City Code regarding the collection of these charges.

(d)        This service charge shall be billed concomitant with and appear upon the water and/or sewer bills.  Any moneys collected in response to those bills shall be applied first to the refuse recuperation service charge, and second to the water and/or sewer portions of said bill. Those residents not currently receiving quarterly billing for water or sewer shall nevertheless receive quarterly billing for refuse collection in the same manner as if they were being billed for water and/or sewer.

(e)        The City Council agrees to review the changes imposed by Section 10-16 at the start of the budget cycle for Fiscal Year 2011.