Loading...
HomeMy WebLinkAbout1993-OR-34RESOLUTION AND ORDINANCE NO. 3~ A RESOLUTION AND ORDINANCE ESTABLISHING MANDATORY CURBSIDE RECYCLING WITHIN THE CORPORATE BOUNDARIES OF DESIGNATED CITIES AND TOWNS AND WITHIN DESIGNATED UNINCORPORATED AREAS OF THE CLARK COUNTY SOLID WASTE MANAGEMENT DISTRICT AND FOR REGULATING RECYCLING IN THE DISTRICT / WHEREAS the Clark County Solid Management District ("District") is a duly-authorized and existing District pursuant to I.C. 13-1-12-1 and I.C. 13-9.5-1- 29; WHEREAS the District serves a single-county pursuant to I.C. 13-9.5-2-5, said county being Clark County, Indiana; WHEREAS the District Board of Directors ("District Board") has, heretofore, approved a District Solid Waste Management Plan and amendments thereto ("the Plan") as is required by I.C. 13-9.5-4-1. The District Board has complied with all requirements of notice and public hearing as required by law prior to submission of the Plan; WHEREAS certain provisions of the Plan provide for a requirement for implementation of curbside recycling programs within the District by the end of calendar year 1993; WHEREAS the City of Jeffersonville, the Town of Clarksville, the City of Charlestown and the Town of Sellersburg are incorporated governmental units within the District ("the cities and towns," "governmental entity or entities" where applicable herein) and 1990 Census Tract 506.04 is a designated geographical area within unincorporated Clark County, Indiana ("the county area" - see attached map); WHEREAS the Board of Commissioners of Clark County, Indiana comprises the county executive and legislative body for Clark County, Indiana and said Board is responsible for the adminiStrative governmental management of unincorporated Clark County, Indiana ("the Commissioners"); "Exhibit A" WHEREAS I.C. 13-9.5-2-11 grants the District the power to adopt resolutions that have the force of law, the power to otherwise do all necessary for the reduction, management and disposal of solid waste and the recovery of waste products from the waste stream, the power to make grants or loans of money, property or services, the power, unde[ I.C. 36-1-7, to obtain fiscal, administrative, managerial or operational services from a county or municipality and other powers provided by law; WHEREAS the District, the cities and towns and the Commissioners have entered into an Interlocal Joint Cooperation Agreement ("Interlocal Agreement") for the purpose of acting in unison and for delegating unto the District the authority and responsibility to bid, initiate, implement, award and pay for a eurbside recycling program, for an estimated four-year term commencing in January, 1994; VfltEREAS the District, the cities and towns and the Commissioners, as a part of said Interlocal Agreement, hereby agree and acknowledge that the duty and obligation to meet certain payment obligations in relation to said curbside recycling contract is delegated to the District pursuant to the terms of said Interlocal Agreement; WI-IEREAS all of the terms of the Interlocal Agreement, executed by the Board of Directors of the District on , are incorporated by reference and made a part hereof. Additionally, all of the terms of this Resolution are incorporated by reference into said Interlocal Agreement and made a part thereof; and WHEREAS joint local cooperation between the cities and towns, the Commissioners and the District is deemed in the public interest hereby and is further deemed to be a necessity in order to obtain the best possible cost, service and implementation of a curbside recycling program within the cities and towns and the county. NOW, THEREFORE, BE IT RESOLVED BY THE DISTRICT AND BE IT ORDAINED BY THE BELOW-DESIGNATED CITY AND TOWN OFFICIALS AS FOLLOWS: Page 2 1. That each and every recital set forth hereinabove is incorporated into this Resolution and Ordinance; 2. That the following definitions apply to this Resolution and Ordinance: a. The Contract Area shall be defined to mean all of the geographical area within the legal corporate and municipal limits of the City of Jeffersonville, the Town of Clarksville, the City of Charlestown, the Town of Sellersburg and 1990 Census Tract 506.04 of unincorporated Clark County, Indiana. b. Single-Family Residence shall be defined to mean a house, residential building, residential garage, residential barn or residential outbuilding wherein persons, either individuals or families, reside on a regular basis and comprise a single-family household. Possession of an assigned mailing address for an individual or for a head of a family or household is considered some evidence, though not solely determinative, of a single-family residence. c. Multi-family Dwelling shall be defined to mean a living unit, not a single-family residence, that contains between one (1) and four (4) regular mailing addresses wherein the respective addressees are not members of the same family and regularly occupy separate living areas of the dwelling. This definition includes, but is not limited to, duplex buildings, buildings that contain three (3) separate mailing addresses, and four-plex buildings and other buildings, townhouses or flats with common walls, etc. wherein persons regularly reside. Buildings or apartment complexes having five (5) or more separate living units are not within this definition. d. Eligible Participant shall be defined to mean (i) the occupant of each and every single-family residence and (ii) the owner(s) (regardless of any rental arrangement) Page 3 of each and every multi-family dwelling unit generating solid waste and recyclable materials within the contract area. e. The Contract Term shall be defined to mean the length of time and duration of a curbside recycling contract entered into by the District with an curbside recycling service firm, including all extensions. f. Enforcement Officers shall be defined to mean all regular and reserve police officers of the Clark County Sheriff's Office, the Jeffersonville Police Department, the Clarksville Police Department, the Charlestown Police Department, the Sellersburg Police Department, the Indiana State Police and shall also include all investigative personnel and representatives of the Clark County Health Department, the Clark County Solid Waste Management District staff and the Engineering Departments of Clark County, Indiana, the City of Jeffersonville, 'the Town of Clarksville, the City of Charlestown and the Town of Sellersburg. g. Vendor shall be defined to mean the business entity with whom the District contracts for curbside recycling services in the contract area. h. Vendor Contract and Vendor Contracts shall be defined to mean the curbside recycling vendor contract or contracts, and any additions or amendments thereto, entered into and approved by the District for institution of a curbside recycling program in the contract area defined above. i. Recycling Non-reverting Escrow Fund shall be defined to mean a special separate recycling non- reverting cash fund established by each of the following governmental entities subject to this Resolution and Ordinance: the City of Jeffersonville, the Town of Page 4 Clarksville, the City of Charlestown, the Town of Sellersburg and the Board of Commissioners of Clark County for purposes of administering the vendor contract in the 1990 Census Tract 506.04 of unincorporated Clark County, Indiana. This fund shall be the sole depository for eligible participant user fees collected by the respective cities and towns and the Commissioners during the contract term. This fund shall also be the depository for any funds and/or civil judgments collected for ordinance violations in the respective cities, towns and the above Census Tract. This fund (as established by the cities, towns and Commissioners, respectively) shall be the primary source from which these governmental entities and officers shall pay their respective vendor contract obligations to the District during calendar years 1995, 1996 and 1997. Its usage shall be governed and determined by this Resolution and Ordinance: j. Scavenging shall be defined to mean any removal, displacement or disturbance of any materials placed within a designated recycling container, either at a curbside or at any other location selected by the District in the contract area or outside of the contract area within the District in Clark County, Indiana, after such container has been placed at curbside or at its designated location for collection by the vendor. Establishment of Mandatory Program 3. There is hereby established a mandatory curbside recycling program in the contract area and all residences located therein are hereby, effective January 1, 1994, required to participate in said mandatory curbside recycling program which shall be implemented, managed and controlled by the District. 4. The undersigned representatives of the below-designated city and/or town or county within the contract area hereby join in this Resolution and Ordinance and adopt it as having the same force and effect as an originally-passed ordinance Page 5 promulgated by the respective council or board of the below-designated governmental entity. Further, each city and town, and the Commissioners relative to the county area, hereby establish a recycling non-reverting escrow fund to be used in the manner, and for the purposes, set forth herein. 5. There is hereby, as of the effective date of this Resolution and Ordinance, imposed a monthly recycling assessment of $ for the occupant of each residence and $ for the owners of each multi- family dwelling ("eligible participants") that is in existence in the contract area, including those eligible participants specifically located in the contract area. The District reserves the right, on one occasion during each year of the vendor contract, after ninety (90) days' written notification given, to the Commissioners and to the executive of the cities and towns, to increase this assessment, if necessary to meet District obligations in relation to the vendor contract, in a sum not greater than percent per year. Such increases shall be effective according to the terms of the notification. Billing and Collection Responsibilities 6. The cities and towns, and the Commissioners relative to the county area, by execution hereof and joinder herein, shall be responsible, effective January 1, 1994, for assisting the District in issuing quarterly billings to each eligible participant within the contract area, in the sums designated in Paragraph 5. The District shall be solely responsible for implementing a billing and collection procedure for all curbside recycling service in the contract area. The mode and manner of the billing and collection process shall be left to the discretion of the District. The cities, towns and the Commissioners, hereby expressly agree to assist the District, when requested, in providing information and reasonable assistance to the District in an effort to implement and supplement the District's billing and collection responsibilities. All monies collected by the District, pursuant to billings described herein, shall be remitted to the cities, towns and the Commissioners, respectively, in the net amount remaining after the District deducts therefrom each governmental entity's respective payment obligations for the vendor contract provided for by this Resolution and Ordinance. All monies so remitted to each governmental entity that joins in this Resolution and Ordinance and the Interlocal Agreement shall be held in the recycling non-reverting escrow fund created by each respective governmental entity and there shall be no expenditures Page 6 from said fund except as provided for by the terms of this Resolution and Ordinance and the Interlocal Agreement. 7. Should collections from the cities and towns, or the Commissioners relative to the county area, be insufficient to meet the contract obligations of any governmental entity that is a party hereto, then the District shall (first) issue a written notice to the executive of such governmental entity requiring payment of that entity's contract obligations from any other fund under the control of that entity. Such payment shall be remitted to the District before the expiration of fifteen (15) days after the mailing date of the written notice issued by the District. If such payment is not timely made, the District shall be entitled to initiate a civil action to seek a judgment in any circuit, superior or county court of Clark County for the amount due from such governmental entity. If the District is caused to initiate such court action, the cities and towns, and the Commissioners relative to the county area, by execution and adoption hereof and joinder herein, agree to entry of judgment, in the amount due the District for any such billing, against their respective governmental entity and agree that the amount due shall be paid from any fund within the control of the non-paying governmental entity, as selected by the District. The non-paying entity shall be liable for the costs and attorney fees incurred by the District in such litigation and these amounts shall be included in the total amount collected by the District. Notwithstanding the above provisions for entry of a judgment at law, the District shall be entitled, in its discretion, to seek such injunctive relief, in the courts designated above, against any governmental entity that is a party to the Resolution and Ordinance and the Interlocal Agreement to enjoin any such entity for refusing to comply with any term of these instruments, respectively. In such cases where injunctive relief is successfully obtained, the District shall be entitled to recover all costs and attorney fees incurred as a result of having to file such a court action against any governmental entity that is a party to these instruments. 8. In addition to deposits made in the recycling non-reverting escrow fund from collections payable from eligible participants, the cities, towns and Commissioners relative to the county area shall be entitled to deposit all collections from civil judgments and/or court enforcement actions brought against violators of this Resolution and Ordinance into this fund. Page 7 Ownership and Usage of Recycling Non-reverting Escrow Fund 9. Title to the recycling non-reverting escrow fund of each governmental entity subject to this Resolution and Ordinance shall be vested in the governmental entity that created such fund pursuant to this Resolution and Ordinance. Each entity may select a banking institution of its choice as depository for this fund. The institution so selected, the account number of the fund and copies of monthly bank statements of the fund shall be delivered to the controller of the District during the contract term, within ten (10) days of the date the depository mails it to each governmental entity. Each entity shall be entitled to invest the monies, for a term not exceeding three (3) months, not presently due or anticipated to be due, the District so as to increase its value and worth. All income earned from such investments shall belong to the entity holding title to the fund. The fund shall be expended, during the contract term, only for expenses and vendor contract payment obligations due the District as a result of the operation, maintenance and management of the vendor contract. The cities and towns, and the Commissioners relative to the county area, shall be entitled to make other expenditures from the recycling non-reverting escrow fund (a) only after their respective contract payment obligations are paid in full to the District through the entire contract term or (b) for such other purposes relating to recycling and solid waste reduction prior to expiration of the contract term and upon majority approval of the District Board of Directors after consideration of the requesting entity's then-remaining contract obligations. The cities, towns and Commissioners shall establish withdrawal procedures from their respective recycling non-reverting escrow fund providing that no withdrawals from such fund can be made, for so long as the entity has outstanding or future obligations to the vendor contract~ without the signature of the controller of the District upon any withdrawal document or instrument. Violations 10. It shall be a violation of this Resolution and Ordinance for any eligible participant to refuse to pay the assessment imposed pursuant to Paragraph 5 above. 11. It shall be a violation of this Resolution and Ordinance for any person or entity, or for any agent of any person or entity, to perform any act of scavenging both inside of and outside of the contract area, but within the District, during the contract term. Page 8 12. It shall be a violation of this Resolution and Ordinance for any person or entity, or for any agent of any person or entity, to interfere with, disturb, prevent or attempt to prevent any vendor performing services pursuant to the vendor contract from performing those services at any place or location in the District. 13. It shall be a violation of this Resolution and Ordinance for any person or entity, or for any agent of any person or entity, to mix or commingle recyclable materials and non-recyclable materials in any container provided by the District, at any location within the District, and the vendor for pick-up of recyclable materials only. Enforcement 14. A citation is hereby authorized to be issued, by any enforcement officer designated above, against the owner of any residence who violates any of Paragraphs 10 - 13 above. The citation shall constitute a civil complaint that may be prosecuted in any circuit, superior or county court of Clark County, Indiana. The attorney for the District, or any attorney hired by the District, and/or the respective city/town attorneys for the cities and towns and/or the attorney for the Commissioners shall be, and hereby are, authorized to represent the respective governmental entity C Plaintiff") that retains them for purposes of prosecuting such civil complaint. 15. After institution of the civil complaint enforcement action, and after issuance of summons as required by the Indiana Rules of Trial Procedure, the Plaintiff shall be required to prove an ordinance violation hereunder by a preponderance of evidence before the judge of any court designated herein. All such civil complaint enforcement trials shall be to the bench only and not to a jury, unless otherwise required by law or the court. 16. Should the Plaintiff prove a violation by a preponderance of evidence in any such civil complaint enforcement action, the court shall assess a civil judgment against the violating party CDefendant[s]") as follows: a. For a proved violation of Paragraph 10, a judgment in the sum of not less than One Dollar ($1.00) nor more Page 9 than Two Thousand Five Hundred Dollars ($2,500.00), plus court costs and attorney fees incurred in prosecuting the action shall be entered against the Defendant(s). b. For a proved violation of Paragraph 11, a judgment in the sum of not less than One Dollar ($1.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), plus court costs and attorney fees incurred in prosecuting the action shall be entered against the Defendant(s). c. For a proved violation of Paragraph 12, a judgment in the sum of not less than One Dollar ($1.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), plus court costs and attorney fees incurred in prosecuting the action shall be entered against the Defendant(s). d. For a proved violation of Paragraph 13, a judgment in the sum of not less than One Dollar ($1.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), plus court costs and attorney fees incurred in prosecuting the action shall be entered against the Defendant(s). Construction and Interpretation; Severability 17. Ail provisions of this Resolution and Ordinance shall be subject to, and interpreted by, Indiana law. Should any provision, portion, segment or section hereof be determined illegal or unconstitutional by a court of competent jurisdiction, then the remaining provisions, portions, segments or sections shall be severed therefrom and shall remain enforceable and legally binding. As between the cities and towns, the Commissioners and the District, all such entities and officials hereby expressly agree that any ambiguities in the interpretation, application or management of this Resolution and Ordinance, or any terms hereof, shall be resolved in favor of the District. Page 10 Time 18. Time shall be of the essence of this Resolution and Ordinance. All performances required hereunder by any eligible participant, city, town or the Commissioners shall be timely performed. Amendment 19. The terms of this Resolution and Ordinance and the Interlocal Joint Cooperation Agreement may be amended (a) by a simply majority vote of the District Board of Directors, afterwhich proposed amendments shall (b) be submitted to all governmental entities who are parties to these instruments. These entities agree that such amendments shall be effective upon passage and approval, by simple majority, of the city councils, town boards or board of commissioners, respectively, for such governmental entities. However, this amendment procedure may not be used as a means to withdraw from participation in, or obligations under, the Resolution and Ordinance and the Interlocal Joint Cooperation Agreement during the term of the vendor contract. Page 11 SIGNED AND EXECUTED THIS ~ DAY OF J'J~/~ ~/ , , 1993 BY THE MAYOR AND COMMON COUNCIL oF 'THE CITY-OF JEFFERSONVILLE, INDIANA R~-mond 'J. -15~rk~r, Mayor ~rew Williams, ,P,r--i~s44~ Pegg~(~Cl'ldler ,.o Marie Clapp Bill Wolpert Ro~rt L. ~Potter - :J~t,a~a'~/- Donna M. F'r(t;dtz- ~ Steven R. Stemler Attest: City of Ieffersonville SIGNED AND EXECUTED THIS DAY OF , 1993 BY THE TOWN COUNCIL OF THE TOWN OF CLARKSVILLE, INDIANA Richard Dickman, President John Krueger Richard Lewis Raymond Richard Bob Popp John Minta Charles King Attest: Clay Baird, Clerk-Treasurer for the Town of Clarksville Page 13 SIGNED AND EXECUTED THIS BY THE COMMON COUNCIL INDIANA DAY OF OF THE CITY ,1993 OF CHARLESTOWN, Bob Braswell, Mayor Gary Moore France Hensley, President Geneva Noe Hiram Abbott Ward Tackett Attest: Dorothea Jenkins, Clerk-Treasurer for the City of Charlestown Page 14 SIGNED AND EXECUTED THIS DAY OF , 1993 BY THE TOWN COUNCIL OF THE TOWN OF SELLERSBURG, INDIANA Stanley E. Tucker, President Roy E. Everitt David Broady Karl N. Truman Aulton D. Eddings Attest: Linda Schafer, Clerk-Treasurer for the Town of Sellersburg Page 15 SIGNED AND EXECUTED THIS DAY OF , 1993 BY THE BOARD OF COMMISSIONERS OF CLARK COUNTY, INDIANA Ralph Guthrie, President Paul F. Garrett Gregory L. Isgrigg Attest: Keith D. Groth, Auditor Clark County, Indiana Page 16