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COMMITTEE AGENDA - Springfield City Clerk

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<strong>COMMITTEE</strong> <strong>AGENDA</strong><br />

Tuesday, November 27, 2012<br />

<strong>City</strong> Council Chambers<br />

5:30 p.m.<br />

Ward 1 Frank Edwards (Vice Chair) Ward 6 Cory Jobe<br />

Ward 2 Gail Simpson (Chair) Ward 7 Joe McMenamin<br />

Ward 3 Doris Turner Ward 8 Kris Theilen<br />

Ward 4 Frank Lesko Ward 9 Steve Dove<br />

Ward 5 Sam Cahnman Ward 10 Tim Griffin<br />

1. Pledge of Allegiance<br />

2 Roll Call of Members<br />

3. Approval of November 13, 2012 Committee Meeting Minutes<br />

4. Ordinances Tabled or Remaining In Committee:<br />

2011-104 AN ORDINANCE AMENDING CHAPTER 100 OF THE 1988 CITY OF<br />

SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, BY IMPOSING A 1.5% TAX<br />

ON THE PRIVILEGE OF PURCHASING ALCOHOLIC LIQUOR AND PREPARED FOOD<br />

ITEMS FOR IMMEDIATE CONSUMPTION (Requested By Ald. Simpson) (Remains In<br />

Committee 3/27/12)<br />

2012-107 AN ORDINANCE AMENDING CHAPTER 170 OF THE 1988 CITY OF<br />

SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, BY REPEALING SECTION<br />

170.17.01(F) REGARDING THE APPEAL PROCESS FOR GARBAGE, RUBBISH, BRUSH,<br />

WEEDS AND SOLID WASTE VIOLATIONS (Requested By Mayor J. Michael Houston)<br />

(Remains In Committee 3/14/12)<br />

2012-123 AN ORDINANCE AMENDING CHAPTER 90, SECTION 90.44 OF THE<br />

1988 CITY OF SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, PERTAINING<br />

TO WRITTEN EVIDENCE OF AGE AND IDENTITY (Requested By Ald. Sam Cahnman)<br />

(Remains In Committee 3/14/12)<br />

2012-226 AN ORDINANCE AMENDING ARTICLE XXVIII, BY ADDING SECTIONS<br />

110.270 THROUGH 110.272 AND AMENDING SECTIONS 110.001 AND 110.999 OF THE<br />

1988 CITY OF SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, PERTAINING


TO PAWNBROKERS AND SECONDHAND GOODS DEALERS (Requested By Mayor J.<br />

Michael Houston & Ald. Tim Griffin) (Remains in Committee 6/12/12)<br />

2012-376 AN ORDINANCE AMENDING CHAPTER 76, SECTION 76.44 OF THE<br />

1988 CITY OF SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, PERTAINING<br />

TO AUTHORITY TO TOW AND IMPOUND MOTOR VEHICLES (Requested by Mayor J.<br />

Michael Houston) (Remains in Committee 9/25/12)<br />

2012-395 AN ORDINANCE AMENDING CHAPTER 105 OF THE 1988 CITY OF<br />

SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, PERTAINING TO<br />

COLLECTION OF REFUSE AND RECYCLING AND AMENDING CHAPTER 170,<br />

DIVISION 1, PERTAINING TO THE REGULATIONS GOVERNING GARBAGE AND<br />

RUBBISH IN THE CITY OF SPRINGFIELD (Requested by Mayor J. Michael Houston,<br />

Ald. Jobe and Ald. Turner) (Remains in Committee 10/9/12)<br />

5. Ordinances for Committee Consideration:<br />

2012-442 AN ORDINANCE AUTHORIZING THE EXECUTION OF A TENTATIVE<br />

AGREEMENT WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS<br />

LOCAL #916, FROM JULY 1, 2012, THROUGH JUNE 30, 2015, FOR SECURITY<br />

GUARDS FOR THE OFFICE OF PUBLIC UTILITIES (Requested by Mayor J. Michael<br />

Houston)<br />

This three year agreement effects 18 employees. There will be an across the board increase for<br />

all except new hires on or after July 1, 2012. In 2012, the increase is 3% and in 2013 and 2014,<br />

the increases will mirror the Consumer Price Index (with a floor of 1% and a ceiling of 3%).<br />

New hires hourly wages are reduced and will not be eligible for the increases. Longevity pay at<br />

10 and 20 years has been increased by $100. All bargaining unit members will take two<br />

furlough days before February 28, 2012. There are also modifications of the current work<br />

schedule to decrease overtime. All new employees will no longer be eligible for sick time<br />

payout upon retirement.<br />

2012-443 AN ORDINANCE AUTHORIZING THE DEVELOPMENT AND<br />

IMPLEMENTATION OF AN AFFIRMATIVE ACTION PLAN FOR THE CITY OF<br />

SPRINGFIELD (Requested by Alderman Doris Turner)<br />

The <strong>City</strong> of <strong>Springfield</strong> endorses affirmative action in the employment of all persons and<br />

desires to ensure that all human resources policies and all phases of employment incorporate the<br />

principles of affirmative action to the fullest extent of the law. This ordinance authorizes the<br />

development and implementation of an affirmative action plan for the <strong>City</strong> of <strong>Springfield</strong>.<br />

2012-444 AN ORDINANCE AUTHORIZING A SUPPLEMENTAL APPROPRIATION<br />

IN THE AMOUNT OF $99,298.10 FOR THE CONVENTION AND VISITORS BUREAU<br />

(Requested by Mayor J. Michael Houston)<br />

The <strong>Springfield</strong> CVB is requesting a supplemental appropriation for Grant #12-365028. We are<br />

increasing the expenditure budget to match revenue received.<br />

Committee Agenda 2<br />

November 27, 2012


2012-445 AN ORDINANCE AUTHORIZING PAYMENT TO TINA SHAW, A<br />

FORMER CITY OF SPRINGFIELD FIREFIGHTER, TO SETTLE A WORKERS’<br />

COMPENSATION CLAIM FOR CASE NUMBER 10-WC-45205 (Requested by Mayor J.<br />

Michael Houston)<br />

Tina Shaw was employed as a firefighter for the <strong>City</strong> of <strong>Springfield</strong> on September 16, 2010,<br />

and reported an injury to her right shoulder while performing a rescue lift during training. Ms.<br />

Shaw was initially treated for a shoulder strain and was sent for an independent medical exam<br />

after conservative treatment failed. Based on examiner's opinion, Ms. Shaw was referred to a<br />

spine specialist and underwent treatment for cervical radiculopathy. Ms. Shaw was released<br />

with permanent restrictions which prevented her from returning to work as a firefighter for the<br />

<strong>City</strong> of <strong>Springfield</strong>. Ms. Shaw filed a workers' compensation claim (10-WC-45205) and is<br />

willing to settle her claim in the amount of $108,107.00 representing a permanent partial<br />

disability equivalent to 32.5% man as a whole. Livingstone, Mueller, O'Brien and Davlin, P.C.,<br />

the <strong>City</strong>'s legal advisors recommend payment in the amount of $108,107.00 to Ms. Shaw to<br />

settle her workers compensation claim for case number 10-WC-45205.<br />

2012-446 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION<br />

OF A PROPOSAL WITH ENVIROVAC WASTE TRANSPORT SYSTEMS, INC. FOR THE<br />

REMOVAL AND BENEFICIAL USE OF 135,000 TONS OF SYNTHETIC GYPSUM FOR<br />

AN EIGHTEEN MONTH TERM IN AN AMOUNT NOT TO EXCEED $1,215,000.00<br />

PURSUANT TO PROPOSAL NO. UE13-30 FOR THE ELECTRIC GENERATION<br />

DEPARTMENT FOR THE OFFICE OF PUBLIC UTILITIES (Requested by Mayor J.<br />

Michael Houston)<br />

This is a standard, recurring contract for the removal of synthetic gypsum from Dallman Power<br />

Station.<br />

This Ordinance approves and authorizes the execution of a Proposal with Envirovac Waste<br />

Transport Systems, Inc. for the removal and beneficial use of 90,000 tons of synthetic gypsum<br />

during calendar year 2013, and 45,000 tons of synthetic gypsum from January 1, 2014 through<br />

June 30, 2014, in an amount not to exceed $1,215,000.00 pursuant to Proposal No. UE13-30.<br />

The <strong>City</strong> produces approximately 200,000 tons of synthetic gypsum per year. The primary goal<br />

of this program is to beneficially reuse as much synthetic gypsum as possible. Envirovac will<br />

haul the synthetic gypsum from the Power Plant Complex to a cement manufacturing plant in<br />

Missouri. Pursuant to this proposal, the utility will pay Envirovac $9.00 per ton. These rates are<br />

subject to a fuel adjustment clause based on Department of Energy fuel averages for the<br />

Midwest region. These services include all fees and permitting for hauling and disposal of said<br />

gypsum product.<br />

The contract allows for an extension if the <strong>City</strong>’s other beneficial use vendor (BRM) cannot<br />

keep up with our demands. BRM also bid on this contract and will pay the <strong>City</strong> $5.00 per ton<br />

for taking 50,000 tons per year. If BRM can establish a stable market for our synthetic gypsum,<br />

we will increase the tonnage to BRM, thereby saving money.<br />

The last time this contract was awarded was in 2009. That ordinance authorized payment of<br />

$6,500,000.00 to Envirovac for removal of 200,000 tons at the rate of $10.00 to $11.25 per ton.<br />

Committee Agenda 3<br />

November 27, 2012


2012-447 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION<br />

OF A PROPOSAL WITH BENEFICIAL REUSE MANAGEMENT LLC FOR THE SALE,<br />

REMOVAL AND BENEFICIAL USE OF A MINIMUM OF 50,000 TONS PER YEAR OF<br />

SYNTHETIC GYPSUM FOR A FIVE YEAR TERM PURSUANT TO PROPOSAL NO.<br />

UE13-30 FOR THE ELECTRIC GENERATION DEPARTMENT FOR THE OFFICE OF<br />

PUBLIC UTILITIES (Requested by Mayor J. Michael Houston)<br />

This is a new contract for the sale and removal of synthetic gypsum from Dallman Power<br />

Station.<br />

This Ordinance approves and authorizes the execution of a Proposal with Beneficial Reuse<br />

Management LLC (“BRM”) for the sale, removal and beneficial use of a minimum of 50,000<br />

tons of synthetic gypsum per year pursuant to Proposal No. UE13-30. After the first 18 months,<br />

if BRM has established a stable market for the agricultural use of the gypsum, the <strong>City</strong> may<br />

increase the tonnage to BRM.<br />

The <strong>City</strong> produces approximately 200,000 tons of synthetic gypsum per year. The primary goal<br />

of this program is to beneficially reuse as much synthetic gypsum as possible. During the first<br />

18 months, BRM will purchase, haul and market a minimum of 50,000 tons of synthetic<br />

gypsum for agricultural use. BRM will pay the <strong>City</strong> $5.00 per ton for annual amounts of 50,000<br />

tons or less. BRM will pay the <strong>City</strong> $4.00 per ton if the total annual volume is greater than<br />

50,000 tons but less than 100,000 tons. BRM will pay the <strong>City</strong> $2.40 per ton if the total annual<br />

volume is greater than 100,000 tons.<br />

There were 3 bidders on this contract and none were local vendors.<br />

2012-448 AN ORDINANCE AUTHORIZING PAYMENT TO THE ENERGY<br />

AUTHORITY, INC. IN AN AMOUNT NOT TO EXCEED $560,000.00 FOR MIDWEST<br />

INDEPENDENT TRANSMISSION SYSTEM OPERATOR VARIABLE OPERATING<br />

(TRANSMISSION SCHEDULE) COSTS FOR THE PERIOD OF NOVEMBER 1, 2012,<br />

THROUGH FEBRUARY 28, 2014, FOR THE ELECTRIC DIVISION FOR THE OFFICE OF<br />

PUBLIC UTILITIES (Requested by Mayor J. Michael Houston)<br />

This is a recurring ordinance for the payment of transmission schedule fees.<br />

This Ordinance authorizes payment in an amount not to exceed $560,000.00 to The Energy<br />

Authority, Inc. (TEA) for Midwest Independent Transmission System Operator Variable<br />

Operating (Transmission Schedule) costs from November 1, 2012, through February 28, 2014.<br />

As the <strong>City</strong>’s marketing participant, TEA is responsible for paying the utility’s share of MISO<br />

variable operating (transmission schedule) costs. A majority of these costs involve the charges<br />

required for the utility to serve its native load pursuant to the terms of Schedule 10: Demand,<br />

Energy and Federal Energy Regulatory Commission (FERC) Charges of the MISO tariff. As<br />

the Office of Public Utilities is a MISO Transmission Owner, MISO distributes a share of the<br />

transmission revenues it receives from transmission customers back to the utility.<br />

Last time, the <strong>City</strong> authorized $595,000.00 for these costs.<br />

Committee Agenda 4<br />

November 27, 2012


2012-449 AN ORDINANCE ACCEPTING BIDS AND AUTHORIZING THE<br />

EXECUTION OF CONTRACT UE13-09-46 – COAL HAULING FOR A THREE-YEAR<br />

TERM WITH BEELMAN TRUCK CO. IN AN AMOUNT NOT TO EXCEED $11,305,000.00<br />

FOR THE ELECTRIC GENERATION DEPARTMENT FOR THE OFFICE OF PUBLIC<br />

UTILITIES (Requested by Mayor J. Michael Houston)<br />

This is a standard, recurring contract for coal hauling and backhauling of coal ash.<br />

This ordinance accepts Contract UE13-09-46 with Beelman Truck Co. (“Beelman”) for a threeyear<br />

term in the total amount not to exceed $11,305,000.00, for hauling coal by truck from the<br />

Viper Coal Mine in Elkhart, Illinois, to the Dallman Power Station. This contract also provides<br />

for ash hauling from Dallman to the Viper Mine for a three-year term. The term of the contract<br />

is January 1, 2013, through December 31, 2015.<br />

The coal hauling rate is $2.87 per ton, the ash hauling rate is $1.49 per ton from the Power<br />

Station and $1.98 per ton from the Ash Pond. The hauling rate is subject to a fuel adjustment<br />

determined by the cost of No. 2 fuel oil. The fuel adjustment will be made bimonthly based<br />

upon the Midwest Rack Price. The minimum projected coal delivery requirements are 1.2 to 1.5<br />

million tons annually. The ash hauling projected requirement is only 25,000 tons each year<br />

because of the existing fly ash marketing agreement with FlyAshDirect.<br />

There were 4 bidders on this contract. J. Curry Redi-mix (“J. Curry”) submitted the lowest bid<br />

at $2.75 per ton, and was only for 50% of our coal needs. Beelman was the next low bid at<br />

$2.87 per ton, and is for 100% of our needs. Beelman is the only local vendor, and therefore<br />

entitled to a 5% local vendor preference. With the 5% local vendor preference applied, Beelman<br />

is $0.02 per ton lower than J. Curry.<br />

The last time this contract was bid was in 2010. Curry Ice & Coal was awarded the last contract<br />

at the rate of $1.97 per ton. In March of 2011, Curry Ice & Coal went out of business leaving us<br />

without a hauler. Beelman finished out the remainder of that contract for their 2009 bid price of<br />

$2.37 per ton, and has been providing all of our coal hauling needs in a timely manner ever<br />

since.<br />

2012-450 AN ORDINANCE ACCEPTING BIDS AND AUTHORIZING THE<br />

EXECUTION OF CONTRACT UW13-10-56 – FERRIC SULFATE WITH KEMIRA WATER<br />

SOLUTIONS, INC. IN AN AMOUNT NOT TO EXCEED $208,500.00 FOR THE WATER<br />

PURIFICATION PLANT FOR THE OFFICE OF PUBLIC UTILITIES (Requested by Mayor<br />

J. Michael Houston)<br />

This is a standard, annual contract for the purchase of ferric sulfate.<br />

This ordinance accepts the low bid from Kemira Water Solutions, Inc. (“Kemira”) for Bid<br />

Contract UW13-10-56 for the purchase and delivery of approximately 3,000,000 pounds of<br />

liquid ferric sulfate to the <strong>City</strong>’s Water Purification Plant over a one-year period in an amount<br />

not to exceed $208,500.00.<br />

Committee Agenda 5<br />

November 27, 2012


Ferric sulfate is used at the Water Purification Plant for raw water turbidity removal by<br />

chemical coagulation. The unit cost is $0.0695 per pound. It will be shipped by truck in bulk<br />

(approximately 45,000 gallons per load). There is no minimum quantity guaranteed under this<br />

contract; this product will be supplied as needed.<br />

This contract will be in effect for one year from the date of execution by the parties, and may be<br />

extended with <strong>City</strong> Council approval.<br />

There were two bidders on this contract, and neither is a local vendor.<br />

Last year, Kemira was awarded this contract at a unit cost of $0.0795 per pound for a total of<br />

$238,500.00.<br />

2012-451 AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF AN<br />

AGREEMENT WITH IBIDEN CERAM ENVIRONMENTAL, INC. IN THE AMOUNT OF<br />

$398,500.00 FOR CATALYST REGENERATION FOR DALLMAN UNIT 4 FOR THE<br />

OFFICE OF PUBLIC UTILITIES (Requested by Mayor J. Michael Houston)<br />

This is a new contract for regeneration of 54 catalyst modules from the selective catalytic<br />

reactor (SCR) in Dallman Unit 4.<br />

During the Fall of 2012, the top layer of catalyst was removed from service due to deactivation,<br />

erosion, pluggage and sintering. This catalyst can be regenerated at a cost that is nearly half the<br />

price of a new catalyst set. This ordinance authorizes a contract with Ibiden Ceram<br />

Environmental, Inc. (“Ceram”) to clean and regenerate the catalyst. The catalyst will be shipped<br />

to Kings Mountain, North Carolina for cleaning and regeneration. It will then be tested in a<br />

semi-bench reactor in Frauenthal, Austria, and then returned to the <strong>City</strong> to be installed in the<br />

lower level of Unit 4 SCR next fall.<br />

The catalyst is important in converting nitrogen oxides, also referred to as NOx with the aid of a<br />

catalyst into diatomic nitrogen and water.<br />

Ceram is the Original Equipment Manufacturer of the catalyst. Ceram is not a local vendor.<br />

2012-452 AN ORDINANCE AUTHORIZING ADDITIONAL PAYMENT OF<br />

$11,915.26 TO THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, FOR<br />

A TOTAL AMOUNT NOT TO EXCEED $92,915.26 FOR THE AMOS AVENUE BRIDGE<br />

REPLACEMENT PROJECT (MFT SECTION 05-00445-00-BR), FOR THE OFFICE OF<br />

PUBLIC WORKS (Requested by Mayor J. Michael Houston)<br />

This ordinance is for an additional payment of $11,915.26 for the replacement of the Amos<br />

Avenue Bridge. This amount is needed for final payment. The original estimate for construction<br />

of the project was $393,000 and the <strong>City</strong>'s share was estimated to be $81,000. The awarded<br />

contract amount was $445,042.37. The final adjusted contract amount was $452,250.63 and the<br />

<strong>City</strong>'s share is $92,915.26. BRP funds covered the rest of the project.<br />

2012-453 A RESOLUTION NOTIFYING THE STATE OF ILLINOIS DEPARTMENT<br />

OF TRANSPORTATION THAT MOTOR FUEL TAX FUNDS IN THE AMOUNT OF<br />

Committee Agenda 6<br />

November 27, 2012


$106,957.06 MAY BE USED FOR PRELIMINARY ENGINEERING SERVICES AND<br />

REPLACEMENT OF THE AMOS AVENUE BRIDGE, MFT SECTION NO. 05-00445-00-<br />

BR, FOR THE OFFICE OF PUBLIC WORKS (Requested by Mayor J. Michael Houston)<br />

This resolution informs IDOT that the <strong>City</strong> used and is using MFT funds ($106,957.06) for cost<br />

sharing responsibilities for the preliminary engineering and replacement of the Amos Avenue<br />

Bridge.<br />

2012-454 AN ORDINANCE AUTHORIZING THE EXECUTION OF CONTRACT NO.<br />

PW13-10-53 FOR THE PURCHASE OF A 2013 CHAMPION C70C MOTOR GRADER<br />

FROM MCALLISTER EQUIPMENT COMPANY IN AN AMOUNT NOT TO EXCEED<br />

$108,838.00 FOR THE OFFICE OF PUBLIC WORKS (Requested by Mayor J. Michael<br />

Houston)<br />

Payment for this Motor Grader shall be made via the Escrow Account set up by the Master<br />

Lease Purchase Agreement between JP Morgan Chase Bank, NA. and the <strong>City</strong> of <strong>Springfield</strong>.<br />

2012-455 AN ORDINANCE TO INCREASE THE NUMBER OF CLASS “D” LIQUOR<br />

LICENSES BY ONE FOR LEAH SCHRENK D/B/A LA CALIA, 115 N. 6 TH STREET<br />

(Requested by Mayor J. Michael Houston)<br />

Leah Schrenk has applied for a Class "D" liquor license for the business known as La Calia<br />

located at 115 N. 6th Street. A Class "D" license entitles the licensee to sell alcoholic liquor,<br />

by the drink or pitcher, as part of a restaurant business, for consumption on the premises only<br />

and is a 1 a.m. license.<br />

2012-456 AN ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT WITH<br />

WIECHMANN TOURISM SERVICE GMBH FOR TOURISM/TRADE REPRESENTATION<br />

FROM JANUARY 1, 2013, THROUGH DECEMBER 30, 2013, FOR THE SPRINGFIELD<br />

CONVENTION AND VISITORS BUREAU IN AN AMOUNT NOT TO EXCEED<br />

$75,000.00 (Requested by Mayor J. Michael Houston)<br />

The Agreement between the <strong>Springfield</strong> CVB and Wiechmann Tourism Service includes but is<br />

not limited to Account Management/Administration services, Trade and Consumer Datatbase<br />

maintenance, Fulfillment of consumer inquiries, Trade Product Development by increasing<br />

awareness of the <strong>Springfield</strong> product, Travel Trade Sales Calls, Tour Operator Training,<br />

Familiarization Trips, Trade Shows and Consumer Promotions. These services will be directed<br />

toward German Tour Operators, Airlines and Industry Partners to promote <strong>Springfield</strong> to<br />

German consumers.<br />

2012-457 AN ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT WITH<br />

CELLET TRAVEL SERVICES LTD FOR TOURISM/TRADE REPRESENTATION FROM<br />

JANUARY 1, 2013, THROUGH DECEMBER 30, 2013, FOR THE SPRINGFIELD<br />

CONVENTION AND VISITORS BUREAU IN AN AMOUNT NOT TO EXCEED<br />

$75,000.00 (Requested by Mayor J. Michael Houston)<br />

The Agreement between the <strong>Springfield</strong> CVB and Cellet Travel Services, Ltd. includes but is<br />

not limited to Account Management/Administration services, Trade and Consumer Datatbase<br />

Committee Agenda 7<br />

November 27, 2012


maintenance, Fulfillment of consumer inquiries, Trade Product Development by increasing<br />

awareness of the <strong>Springfield</strong> product, Travel Trade Sales Calls, Tour Operator Training,<br />

Familiarization Trips, Trade Shows and Consumer Promotions. These services will be directed<br />

toward British Tour Operators, Airlines and Industry Partners to promote <strong>Springfield</strong> to British<br />

consumers.<br />

2012-458 A RESOLUTION REQUESTING TEMPORARY CLOSURE OF A PORTION<br />

OF ILLINOIS STATE ROUTES 97 & 125 (JEFFERSON STREET FROM 9 TH TO 5 TH<br />

STREETS) FOR THE ANNUAL CHRISTMAS PARADE ON DECEMBER 15, 2012<br />

(Requested by Mayor J. Michael Houston)<br />

Request is for the annual <strong>Springfield</strong> Jaycees Christmas Parade which will be held on Jefferson<br />

between 5th Street and 9th Street.<br />

2012-459 AN ORDINANCE ESTABLISHING THE HOLIDAYS FOR THE CITY OF<br />

SPRINGFIELD FOR THE CALENDAR YEAR 2013 (Requested by Mayor J. Michael<br />

Houston)<br />

This ordinance is being prepared pursuant to Chapter 36, 36.57 of the 1988 <strong>City</strong> of <strong>Springfield</strong><br />

Code of Ordinances, as amended.<br />

2012-460 A RESOLUTION PROVIDING PUBLIC NOTICE OF REGULAR<br />

MEETINGS OF THE COUNCIL OF THE CITY OF SPRINGFIELD, ILLINOIS, FOR THE<br />

2013 CALENDAR YEAR (Requested by Mayor J. Michael Houston)<br />

Pursuant to state law requirements under 5 ILCS 120/2/02 and 2.03, public notice of all public<br />

meetings of the <strong>Springfield</strong> <strong>City</strong> Council shall be established and a schedule be prepared at the<br />

beginning of each calendar year by the <strong>City</strong> Council, stating the regular dates, times and places<br />

of such meetings.<br />

2012-461 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN<br />

AGREEMENT WITH THE POLICE BENEVOLENT AND PROTECTIVE ASSOCIATION,<br />

UNIT #5, FROM MARCH 1, 2012, THROUGH FEBRUARY 28, 2015 (Requested by Mayor<br />

J. Michael Houston)<br />

This is a three year agreement that covers 232 bargaining unit employees. There are across the<br />

board increase of 3% in 2012, 2.5% in 2013 and 2.25% in 2014. Effective close of business on<br />

February 28, 2014, the 5% pay spike is eliminated. Effective March 1, 2014, longevity<br />

payments for employees with 20 and 25 years of service only will increase by 2%. Effective<br />

March 1, 2013, officers who have accumulated more than 720 hours of sick leave may sell back<br />

up to 80 hours of sick leave per year at his/her regular hourly rate. Employees hired on or after<br />

July 1, 2012, may only be compensated for a maximum of 400 hours of accumulated unused<br />

sick leave paid at one-half of the officer's regular straight time hourly rate at the time of the<br />

officers death or retirement.<br />

Committee Agenda 8<br />

November 27, 2012


6. Unfinished Business<br />

7. New Business<br />

8. Citizen Requests to Address Committee<br />

9. Adjournment<br />

Cecilia K. Tumulty<br />

Cecilia K. Tumulty<br />

<strong>City</strong> <strong>Clerk</strong><br />

Final action on these items will be taken at the next <strong>City</strong> Council meeting -<br />

December 4, 2012 at 5:30pm<br />

The next Committee of the Whole Meeting - Tuesday, December 11, 2012 at 5:30pm<br />

Committee Agenda 9<br />

November 27, 2012


AN ORDINANCE AMENDING CHAPTER 100 OF THE 1988 CITY OF<br />

SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, BY IMPOSING A<br />

1.5% TAX ON THE PRIVILEGE OF PURCHASING ALCOHOLIC LIQUOR<br />

AND PREPARED FOOD ITEMS FOR IMMEDIATE CONSUMPTION<br />

WHEREAS, the <strong>City</strong> of <strong>Springfield</strong> is a home rule unit as defined in Article VII, Section<br />

6( a) of the 1970 Illinois Constitution and has jmisdiction over matters pertaining to its<br />

government and affairs, including the power to tax; and<br />

WHEREAS, it is in the best interest of the <strong>City</strong> of <strong>Springfield</strong> to impose and levy a tax<br />

upon the privilege of purchasing alcoholic liquor and prepared food items for immediate<br />

consumption at establishments in the <strong>City</strong>, which tax shall be known as the <strong>City</strong> of <strong>Springfield</strong><br />

Food and Beverage Tax.<br />

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD, ILLINOIS:<br />

Section 1: That the <strong>City</strong> Council hereby amends Chapter 100 of the 1988 <strong>City</strong> of<br />

<strong>Springfield</strong> Code of Ordinances, as amended, by adding Article III, Food and Beverage Tax, as<br />

follows:<br />

Section 2:<br />

pamphlet fmm.<br />

See attached "Exhibit A"<br />

That the <strong>City</strong> <strong>Clerk</strong> is hereby directed to publish this ordinance m<br />

Section 3: That this Ordinance shall be effective _________ _<br />

PASSED: _________ ,2011 SIGNED: ------------' 2011<br />

RECORDED: --------' 2011<br />

ATTEST: ------------------<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tumulty<br />

Mayor Frank Edwards<br />

Approved as to legal sufficiency:<br />

Requested by: Alderman Simpson co I ?:cJ-J{<br />

Office of Corporation Counsel I Date<br />

S:l WI'DOCS\ORDINANC\CODE\Ch l 00 food and beverage tax 1.5%.doc<br />

Tracking No. 7608/2011-104


§ 100.10. Definitions.<br />

ARTICLE III. FOOD AND BEVERAGE TAX<br />

For the purposes of this article, the following definitions shall apply unless the context<br />

clearly indicates or requires a different meaning:<br />

Alcoholic liquor shall have the meaning defined in Chapter 90 of the 1988 <strong>City</strong> of <strong>Springfield</strong><br />

Code of Ordinances, as amended.<br />

Consumer. A person who seeks the ptivilege of purchasing alcoholic liquor or prepared food<br />

items for itmnediate consumption subject to the food and beverage tax.<br />

Director. The Director of the Office of Budget and Management.<br />

Food and beverage tax. The tax levied and imposed pursuant to this article.<br />

Licensee shall have the meaning defined in Chapter 90 of the 1988 <strong>City</strong> of Sptingfield Code of<br />

Ordinances, as amended.<br />

Liquor establishment. Any premises required to obtain a liquor license to sell alcoholic liquor at<br />

retail pursuant to Chapter 90 of the 1988 <strong>City</strong> of Sptingfield Code of Ordinances, as amended,<br />

and any other premises which may sell alcoholic liquor at retail without a <strong>City</strong> of <strong>Springfield</strong><br />

liquor license.<br />

Person. Any natural person, receiver, administrator, executor, conservator, assignee, trust in<br />

perpetuity, trust, estate, firm, partnership, joint venture, club, company, business trust, domestic<br />

or foreign corporation, association, syndicate, society or any group of individuals acting as a<br />

unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.<br />

Prepared food items (or immediate consumption. Any and all material, whether solid, semisolid,<br />

or liquid used or intended to be used for human consumption and nourishment of the<br />

human body. The tenn defined herein includes any and all non-alcoholic liquor beverages<br />

except soft drinks as defined in 65 ILCS 5/8-11-6b. The tenn "prepared food items for<br />

immediate consumption" shall include and be limited to:<br />

1. Food items purchased at a restaurant, liquor establishment, or other establishment where<br />

facilities are provided for on-premises consumption, but such term shall not include food<br />

items purchased from other areas of any such establishment where such facilities<br />

providing on-premise consumption utilize a separate means of collecting receipts for such<br />

food purchased for immediate consumption and are physically separated :from such other<br />

areas in the establishment.<br />

2. Food items purchased from concession stands, snack shops, and other establishments<br />

which sell food items primarily in individual sized servings, such as ice cream cones,<br />

candy bars and individually served sandwiches, for immediate on-premises or offpremises<br />

consumptions; and<br />

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·------------------- -------·<br />

3. Food items which are purchased hot or are otherwise purchased prepared for immediate<br />

on-premise or off-premise consumption from catering establishments and restaurants<br />

with delivery services or catTy out, except food items prepared off the premises.<br />

For purposes of this section, "food items prepared off the premises" means food items<br />

which are grilled, broiled, baked, :fi.·ied, or cooked in some other similar manner off the<br />

premises of the retailer. Such term shall not include food items which are precooked and<br />

then heated or watmed-up off the premises or food items which were previously cooked<br />

or prepared and then reheated off the premises.<br />

Restaurant. Any public place kept, used, maintained, advertised, and held out to the public as a<br />

place at which prepared food items for immediate consumption are served and/or prepared,<br />

whether or not consumed or intended to be consumed on the premises.<br />

Retailer. Any owner, manager, operator, licensee or other person having a sufficient proprietary<br />

interest in conducting a business such as a restaurant, liquor establishment or other<br />

establishment, which sells alcoholic liquor or prepared food items for immediate consumption so<br />

as to entitle such person or persons to all or a portion of the net receipts from the sale thereof.<br />

§ 100.11. Tax imposed .<br />

.(ill There is hereby levied and imposed upon the privilege of purchasing alcoholic liquor or<br />

prepared food items for immediate consumption in the <strong>City</strong>, a tax of 1.5% of the purchase<br />

price, exclusive of any other tax charged for such alcoholic liquor or food items .<br />

.(hl The food and beverage tax imposed by this section shall not be levied or imposed upon<br />

consumers for the privilege of purchasing:<br />

l. Alcoholic liquor purchased in original package for consumption off the premises where<br />

sold.<br />

2. Prepared food items for immediate consumption purchased from institutions such as<br />

churches, clay care establishments, residential halls, fraternities, sororities, schools,<br />

hospitals, nursing homes and other medical treatment centers and homeless and<br />

transitional shelters .<br />

.:1_ Prepared food items for immediate consumption purchased from a not-for-profit<br />

organization that serves food on an occasional and irregular basis.<br />

4. Prepared food items for immediate consumption purchased from coin-operated automatic<br />

food dispensing machines.<br />

§ 100.12. Liability for payment .<br />

.(ill The ultimate incidence of and liability for payment of the food and beverage tax shall be<br />

borne by the consumer.<br />

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® The food and beverage tax shall be paid in addition to any and all other taxes and<br />

charges. It shall be the duty of the retailer to secure the food and beverage tax from the<br />

consumer and remit the food and beverage tax to the <strong>City</strong> under the rules and regulations<br />

prescribed by the director and as otherwise provided in this article .<br />

.(9 Every person required to collect the food and beverage tax shall secure the tax from the<br />

consumer at the time the person collects payment for the sale of the item subject to said<br />

tax. The amount due under the food and beverage tax shall be stated separately on the<br />

invoice receipt or other statement or memorandum of the payment given to the consumer<br />

at the time of payment, unless the person required to collect the tax does not have a cash<br />

register that separately states such tax. In any event the person required to collect the tax<br />

shall keep records that clearly support the total sales of items subject to the food and<br />

beverage tax and corresponding tax collected and remitted.<br />

@ All retailers shall jointly and severally have the duty to collect and account for the food<br />

and beverage tax required of their establishment. Such retailers shall be the trustee for the<br />

city in collection and remittance of said taxes.<br />

§ 100.13. Books and records.<br />

ill The director, or his or her authorized representative, may enter any retailer's premises for<br />

inspection and examination of records in order to effectuate the proper administration of<br />

this article, and to assure the enforcement of the collection of the food and beverage tax. It<br />

shall be unlawful for any person to prevent, hinder, or interfere with the director or his or<br />

her authorized deputy or representative in the discharge of his duties in the performance of<br />

this atiicle.<br />

® It shall be the duty of every retailer to keep accurate and complete books and records of the<br />

retailer's establishment to which the director, or his or her authorized representative, shall<br />

at all times have full access, which records shall include the daily receipts of sales of items<br />

subject to the food and beverage tax and the conesponding tax collected and remitted.<br />

§ 100.14. Tax returns; filing.<br />

ill Every retailer shall file tax returns showing tax receipts received with respect to sales of<br />

items subject to the food and beverage tax. The return shall be due on or before the last day<br />

of each succeeding calendar month and the return shall indicate for what period the return<br />

is to be filed, for example a return for January tax receipts shall be due on or before the last<br />

day of February. The retum shall be filed on forms prescribed the Office of Budget and<br />

Managemetit and shall furnish such infonnation as the office may reasonably require.<br />

® At the time of filing the tax retums, the retailer shall pay to the director all taxes due for the<br />

period to which the tax retum applies.<br />

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§ 100.15. Proceeds of tax and penalties.<br />

All proceeds resulting from the food and beverage tax, including penalties, shall be paid into the<br />

treasury of the city, and shall be credited to and deposited in the corporate fund ofthe city.<br />

§ 100.16. Enforcement and Penalty.<br />

See Article VII and Article XV of this Chapter 100.<br />

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AN ORDINANCE AMENDING CHAPTER 170 OF THE 1988 CITY OF<br />

SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, BY. REPEALING<br />

SECTION '170;17.01(f) REGARDING THE APPEAL PROCESS FOR<br />

GARBAGE,-RUBBISH, BRUSH, WEEDS AND SOLID WASTE VIOLATIONS<br />

WHEREAS, the <strong>City</strong> of <strong>Springfield</strong> is a home rule unit as defined in Article VII,<br />

Section 6(a) of the 1970 Illinois Constitution and has jurisdiction over matters pertaining to<br />

its government and affairs; and<br />

WHEREAS, Chapter 170, Section 170.17.01(f), provides for an appeal process from<br />

an ordinance violation issued for garbage, rubbish, brush, weeds and solid waste; and<br />

WHEREAS, state law prohibits the <strong>City</strong> from appearing as a Defendant/Respondent<br />

in administrative court pursuantto 65 ILCS 5/1-2.1-4(d) and 65 ILCS 5/1-2-7; and<br />

WHEREAS, it is in the best interest of the <strong>City</strong> to amend Chapter 170, by repealing<br />

Section 17.17 .01(f).<br />

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD, :ILLINOIS:<br />

·Section 1.: That the <strong>City</strong> Council hereby amends Chapter 170, by repealing<br />

Section 170.17.01(f) of the 1988 <strong>City</strong> of <strong>Springfield</strong> Code of Ordinances, as amended, as<br />

follows:<br />

§ :170.17.01.- Garbage, rubbish, brush, weeds and ·solid waste.<br />

(a)-(e) Language remains the same.<br />

(f) An appeal from an ordinance violation notice issued under this section.<br />

may be taken by the person listed in the notice. The appeal shall be<br />

considered pursuant to the provisions of chapter 39 of this Code. The appeal<br />

shall be taken by filing a notice of appeal 'Nith the city clerk within 45 days of<br />

the date of the ordinance violation notice. The notice of appeal shall describe<br />

the ordinance violation notice appealed from and shall specify the grounds for<br />

the appeal.<br />

The city clerk shall, upon receipt of the notice of appeal, forthwith transmit to<br />

the hearing officer all of the original documents and materials, or true copies<br />

thereof; constituting the record on which the action appealed from ·uas taken.<br />

The hearing officer shall fix a reasonable time, not more than 60 days after<br />

the notice of appeal has been filed, for the hearing on the appeal and inform<br />

the city clerk of the time and place that the hearing '#ill be held. The city clerk<br />

shall give due notice of the hearing, in writing, to the appellant, and to the<br />

office of corporation counsel code enforcement division. It shatl not be<br />

necessary to publish any notice of a hearing on an appeal.<br />

The hearing officer shall decide the appeal v.;ithin a reasonable time, not more<br />

than 30 days, after the hearing. On appeal, the hearing officer is limited to a<br />

determination of the propriety of the ordinance violation notice. The hearing<br />

officer may reverse or affirm the ordinance violation notice.<br />

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12 107


form.<br />

Section 2: The <strong>City</strong> <strong>Clerk</strong> is hereby directed to publish this ordinance in pamphlet<br />

Section 3: This ordinance shall become effective immediately upon its passage,<br />

recording and publication in pamphlet form.<br />

PASSED: ________ -r 2012 SIGNED:. _________ _,2012<br />

RECORDED: _______ _r 2012<br />

ATTEST:<br />

. Mayor .J. Michael Houston<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tumulty Approved as to legal sufficiency:<br />

Requested by: Mayor J. Michael Houston<br />

S:\WPDOCS\ORDINANC\CODE\Ch 170 repeal170.17.01(f).doc<br />

Office of Corporation Counsel /Date<br />

Tracking No. 8106


of each article; If the article contains any<br />

identifying numbers, marks, writing,<br />

engraving, etc .. or any other distinguishing<br />

characteristics, the digital image(s) shall<br />

capture same.<br />

(2). Sales by licensees.<br />

a. All articles sold by a pawnbroker or secondhand goods<br />

dealer to an individual shall be itemized separately.<br />

Licensees shall not lump articles together (e.g .. "five<br />

gold chains") and must individually itemize and<br />

describe each individual article.<br />

b.· Each article sold by a pawnbroker or secondhand<br />

goods dealer shall be associated with the person to<br />

- wh·o-rn it was· sold .. The: licensee shall. record/report the<br />

following information for each such transaction:<br />

i. The name and current address of the<br />

purchaser must be recorded/reported-a<br />

photographic image of a government-issued<br />

photo ID card is not necessary.<br />

ii. A digital photograph of articles sold by a<br />

pawnbroker or secondhand goods dealer to an<br />

individual is not required .<br />

. § 110.270.5- Pawnbrokers: issuance of signed receipt.<br />

Every pawnbroker shall, at the time of making any advancement or loan,<br />

deliver.to the person pawning or pledging any property a receipt signed by him<br />

containing an accurate account and description, in the English language, of all<br />

the goods, articles or other things pawned or pledged, the amount of money,<br />

value or thing loaned thereon, the time of pledging the same, the rate of<br />

interest to be paid on such loan and the name and residence of the person<br />

making the pawn or pledge.<br />

§ 110.271.1- Secondhand goods dealer not to act as a pawnbroker.<br />

No secondhand goods dealer shall receive any article or thing by way of<br />

pledge or pawn, nor shall he loan or advance any sum of money on the security<br />

of any article or thing, unless he also happens to be separately licensed as a<br />

pawnbroker under this article, and complies with the specific requirements of<br />

sections110.273and110.274 of this article.<br />

§ 110.271.2- Waiting periods.<br />

No articles received on deposit or pledge by any pawnbroker, shall be<br />

permitted to be redeemed or removed from the place of business of such<br />

pawnbroker for the space of forty-eiaht ( 48) hours after the delivery of the<br />

signed receipt required by Section 110.270.5. No articles pawned or pledged<br />

5:\WPDOCS\ORDINANC\CODE\Ch 110 pawnbrokers & secondhand goods.doc Tracking No. 8221


shall be sold or disposed of by any pawnbroker within one (1) year from the<br />

time the pawner or pledger shall make default in the payment of interest on the<br />

money so advanced by the pawnbroker, unless by the written consent of the<br />

pawner or pledger.<br />

No pawnbroker or secondhand goods dealer shall expose for sale, or sell<br />

or barter, or melt, crush/compact, destroy, or otherwise dispose of, any article<br />

within thirty (30) days ofthe time of purchasing or receiving the same, nor until<br />

the same has been in or upon the premises where the same are offered,<br />

exposed, bartered or sold, at least thirty (30) days.<br />

§ 110.271;3 - Prohibited transactions.<br />

No pawnbroker or secondhand goods dealer, in the course of conducting<br />

his business, shall receive any articles for pawn, pledge, advancement of<br />

money, loan, r'esale, or persona!' use from:· ....... .<br />

(1) ·Minors who are under eighteen (18) years of age.<br />

(2) Any person appearing to be intoxicated or under the influence of<br />

drugs or alcohol.<br />

. (3) Any person known to the pawnbroker or secondhand goods dealer<br />

to have been convicted of theft, residential burglary, burglary, home<br />

invasion, vehicular invasion, armed robbery, robbery or electronic<br />

fencing under the laws of the State of Illinois, or the equivalent laws<br />

of any other state. A peace officer may provide such criminal<br />

conviction information to a pawnbroker or secondhand goods dealer,<br />

and a pawnbroker or secondhand goods dealer may also access the<br />

LeadsOnline "No Buy" list prior to making a transaction to ensure<br />

that the prospective pawner/seller has not been convicted of any<br />

such crime.<br />

(4) Any person bringing such articles to the premises in a shopping cart .<br />

. (5) Any person presenting a serial numbered article from which the<br />

serial number has been removed or obliterated.<br />

In the event that any of the above enumerated persons shall attempt to<br />

conduct a prohibited transaction, a representative of that business shall notify<br />

the police department of the incident while the person is still present in the<br />

business if safe to do so, or otherwise as soon as the person has left the<br />

business.<br />

§ 110.271.4- Report of false/fictitious/forged/altered ID card.<br />

In the event that a person seeking to sell or pawn any item presents to<br />

the owner/operator/employee of a pawn or resale shop what is reasonably<br />

believed to be a false/fictitious/forged/altered ID card, a representative of that<br />

business shall notify the police department of the incident while the person is<br />

still present in the business if safe to do so, or otherwise as soon as the person<br />

has left the business.<br />

.<br />

5:\WPDOCS\ORDINANC\CODE\Ch 110 pawnbrokers & secondhand goods.doc Tracking No. 8221


§ 110.271.5- Report of lost or stolen articles to police.<br />

Every pawnbroker or secondhand goods dealer who shall receive or be in<br />

possession of any goods, articles or things under circumstances which would<br />

lead a reasonable person to conclude thatthey have been lost or stolen, or<br />

which have been alleged or supposed to have been lost or stolen shall<br />

immediately notify the police department of such receipt and, forthwith on<br />

demand, exhibit the same to any member of the police department.<br />

§ 110.272.1- Return of stolen property.<br />

When any person is found to be the owner of stolen property which has<br />

been pawned or purchased by a secondhand goods dealer, such property shall<br />

be returned to the owner thereof without the payment of the money advanced<br />

by the pawnbroker or paid by the second dealer thereon or any costs or charges<br />

of ·any kind which lhe pawribroke·r or secondhand goods dealer may have placed<br />

upon the same.<br />

§ 110.272.2- Inspection of premises by police.<br />

The police chief or any officer designated by him shall have general<br />

supervision over all pawnbrokers and secondhand goods dealers, and shall also<br />

have power to inspect their respective places of business and all articles or<br />

things kept therein, whenever he shall deem it necessary to do so.<br />

§ 110.272.3 - Hours of operation.<br />

No business licensed under this article shall purchase or accept as pawn<br />

or pledge any goods, articles or things whatsoever, from any person, between<br />

the hours of 10:00 p.m. and 6:00a.m.<br />

§ 110.272.4- Solicitation of articles.<br />

No person licensed under this article shall be permitted to solicit business<br />

of any nature upon any street or public highway in the city.<br />

Enforcement of this section shall be by the police department on an<br />

ordinance violation ticket. with a fine of five hundred dollars ($500.00) for a first<br />

offense, and seven hundred fifty dollars ($750.00) for any subsequent offenses.<br />

§§ 110.273- 110.279- Reserved.<br />

-<br />

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AN ORDINANCE AMENDING CHAPTER 76, SECTION 76.44, OF THE<br />

1988 CITY OF SPRINGFIELD CODE OF ORDINANCES, AS<br />

AMENDED, PERTAINING TO AUTHORITY TO TOW AND<br />

IMPOUND MOTOR VEHICLES<br />

WHEREAS, the <strong>City</strong> of <strong>Springfield</strong> is a home rule unit as defined in Article VII, Section<br />

6(a) of the 1970 Illinois Constitution and has jurisdiction over matters petiaining to its<br />

government and affairs; and<br />

WHEREAS, Chapter 76, section 76.44 petiains to the impoundment ofvehicles related<br />

to violations of state statutes and city ordinances; and<br />

WHEREAS, it is necessary to amend section 76.44 to delete reference to 11-15 of he<br />

Criminal Code due to a change in state statute.<br />

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD, ILLINOIS:<br />

Section 1: That the <strong>City</strong> Council hereby amends Chapter 76, Section 76.44, of the<br />

1988 <strong>City</strong> of <strong>Springfield</strong> Code of Ordinances, as amende( as follows:<br />

ARTICLE IV. DISPOSAL OF IMPOUNDED VEIDCLES<br />

§ 76.44. Authority to tow and impound motor vehicles used in the<br />

commission of certain state and municipal offenses.<br />

(a) Impoundm,ent and fine. A motor vehicle in which the driver is arrested or<br />

cited for the commission of a felony, cetiain misdemeanors, or certain ordinance<br />

violations shall be subject to seizure and impoundment under this section. If a<br />

felony offense as defined in Illinois Compiled Statutes, or a violation of section 6-<br />

303, 11-401, 11-501, or 11-503 of the Motor Vehicle Code, or a violation of<br />

section 11-14, 11-14.1, H-B-, 11-14.3, 11-18 or 24-1 of the Criminal Code,<br />

section 4, 5, 5.2, or 8 of the Cannabis Control Act, or section 3.5 of the Drug<br />

Paraphernalia Control Act, or a violation of section 131.07, 131.08, 133.04,<br />

133.05, or 133.07 of this Code was committed, the owner of record of such<br />

vehicle shall be liable to the city for a penalty of $500 in addition to fees for the<br />

towing and storage of the vehicle.<br />

(b) Notice - (i) Defenses. Language shall remain the same.<br />

(Ord. No. 735-9-92, § 1, 9-1-92; Ord. No. 259-4-94, § 1, 4-5-94; Ord. No. 210-<br />

05-10, § 1, 5-18-10)<br />

Section 2:<br />

pamphlet form.<br />

That the <strong>City</strong> <strong>Clerk</strong> 1s hereby directed to publish this ordinance m<br />

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12 376


AN ORDINANCE AMENDING CHAPTER 105 OF THE 1988 CITY OF<br />

SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, PERTAINING<br />

TO COLLECTION OF REFUSE AND RECYCLING AND AMENDING<br />

CHAPTER 170, DIVISION 1, PERTAINING TO THE REGULATIONS<br />

GOVERNING GARBAGE AND RUBBISH IN THE CITY OF SPRINGFIELD<br />

WHEREAS, the <strong>City</strong> of <strong>Springfield</strong> is a home rule unit as defined in Article VII,<br />

Section 6(a) of the 1970 Illinois Constitution and has jurisdiction over matters pertaining to<br />

its government and affairs; and<br />

WHEREAS, Chapter 105 of the 1988 <strong>City</strong> of <strong>Springfield</strong> Code of Ordinances, as<br />

amended, pertains to collection of refuse and recycling; and<br />

WHEREAS, Chapter 170, Division 1, of the 1988 <strong>City</strong> of <strong>Springfield</strong> Code of<br />

Ordinances, as amended, pertains to garbage and rubbish; and<br />

WHEREAS, it is in the best interest of the <strong>City</strong> to authorize the process by which the<br />

<strong>City</strong> will modify the manner of the collection of refuse and recycling and the regulations<br />

governing garbage and rubbish in the <strong>City</strong>.<br />

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD, ILLINOIS:<br />

Section 1: That the <strong>City</strong> Council hereby amends Chapters 105 and 170 of the<br />

1988 <strong>City</strong> of <strong>Springfield</strong> Code of Ordinances, as amended, as follows:<br />

C:\Users\rhawkins\Desktop\2012-395.doc Tracking No. 8461<br />

(See attached Exhibit “A”)<br />

2012-395<br />

Section 2: That the <strong>City</strong> <strong>Clerk</strong> is hereby directed to publish this ordinance in<br />

pamphlet form.<br />

Section 3: That this ordinance shall become effective immediately upon its<br />

passage, recording and publication in pamphlet form.<br />

PASSED: , 2012 SIGNED: , 2012<br />

RECORDED: , 2012<br />

Mayor J. Michael Houston<br />

ATTEST:<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tumulty Approved as to legal sufficiency:<br />

Requested by: Mayor J. Michael Houston /<br />

and Ald. Jobe and Turner Office of Corporation Counsel / Date


C:\Users\rhawkins\Desktop\2012-395.doc<br />

EXHIBIT A<br />

CHAPTER 105. - REFUSE AND RECYCLING COLLECTION<br />

ARTICLE I. - IN GENERAL<br />

ARTICLE II. - REFUSE HAULER<br />

ARTICLE III. - MANAGER OF WASTE AND RECYCLING RESERVED<br />

ARTICLE IV. - BINS<br />

ARTICLE V. - COLLECTION OF MATERIALS<br />

ARTICLE VI. - RESIDENTS PARTICIPATING IN RECYCLING PROGRAM<br />

ARTICLE VII. - RATES, COLLECTIONS, AND RECORDS OF RECYCLING FEE<br />

ARTICLE VIII. - OBLIGATIONS OF SCRAP OPERATORS<br />

ARTICLE X. - PENALTY<br />

§ 105.01. - Purpose.<br />

§ 105.02. - Definitions.<br />

§ 105.01. - Purpose.<br />

ARTICLE I. - IN GENERAL<br />

The purpose of this chapter is to promote the public health, welfare and safety by<br />

codifying ordinances with regard to solid waste management and recycling within the<br />

corporate limits of the <strong>City</strong> of <strong>Springfield</strong> and lands owned by the city.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.02. - Definitions.<br />

2012-395<br />

For the purposes of this chapter, the following words and terms shall have the meaning<br />

ascribed thereto:<br />

Bins. The 18.5-gallon blue bins provided by the city and distributed through the refuse<br />

haulers containers approved by the office of public works in which all recyclable<br />

materials are to be placed for weekly pickup at curbside.<br />

Collection day. The day of the week the recycling client's recyclable materials will be<br />

picked up.<br />

Contaminants. Those undesirable elements added to a specific category of recyclables<br />

that are not acceptable therefore rendering the entire category spoiled and<br />

unacceptable at the end market, i.e. unclean or unrinsed recyclable items with food<br />

particles remaining, plastics other than those identified for collection, soiled papers from<br />

pet usage, personal tissue, etc.<br />

End markets. Final disposition of recyclable materials that have been processed and<br />

prepared for sale.


Garbage. Any organic waste material including, but not limited to, unused food and food<br />

residue.<br />

Manager. Manager of the division of waste and recycling, office of public works.<br />

Post consumer waste paper. A finished material that normally would be disposed of as<br />

a solid waste, having completed its life cycle as a consumer item, including but not<br />

limited to printing plant wastepaper and old magazine print.<br />

Recyclable material. Items including glass, some plastics, aluminum cans and any<br />

product for which a market has been established and any item designated by the<br />

Manager of Waste and Recyclingoffice of public works to be a recyclable.<br />

Recyclables. See recyclable material.<br />

Recycling client. Single-family residence, multi-family dwellings and mobile homes<br />

enrolled in voluntary curbside recycling program.<br />

Recycling processor. One who accepts recyclable materials and prepares them for<br />

shipping to the end markets he/she has identified.<br />

Recycling service. The weekly pickup of recyclable materials for delivery to a recycling<br />

processor or end markets.<br />

Refuse. See solid waste.<br />

Refuse hauler. Any person licensed by the <strong>City</strong> of <strong>Springfield</strong> pursuant to chapter 110<br />

who is in the business of collecting garbage, solid waste, or rubbish, including<br />

recyclables and yardwaste, for consideration.<br />

Refuse hauling. Transportation of garbage, rubbish, recyclables and/or yard waste.<br />

Residential premises. Premises in which one or more persons resides. Premises which<br />

are normally leased to a residential tenant, are not residential premises during periods<br />

when they are not being leased and no one is residing in them.<br />

Rubbish. Inorganic waste material including, but not limited to, metal and glass.<br />

Solid waste or refuse. Putrescible and nonputrescible wastes including but not limited to<br />

garbage, rubbish, dead animals, animal offal, animal feces, human wastes, abandoned<br />

vehicles, machinery components, construction or demolition debris, and yard wastes<br />

unless composted pursuant to chapter 170.<br />

Vegetative waste. Organic materials which do not result from the care of lawns,<br />

shrubbery, vines and trees.<br />

Waste hauler. See Refuse hauler.<br />

Waste hauling. See Refuse hauling.<br />

Yard waste. Leaves, grass, clippings, garden debris (other than vegetative waste), and<br />

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ush.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.03. - Refuse hauler—Reporting requirements.<br />

§ 105.03.1. - Refuse hauler—Vehicle requirements.<br />

§ 105.03.2. - Refuse hauler—Hours of collection.<br />

§ 105.04. - Obligations.<br />

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ARTICLE II. - REFUSE HAULER<br />

§ 105.03. - Refuse hauler—Reporting requirements.<br />

Each refuse hauler shall provide information and documents upon request by the office<br />

of public works demonstrating compliance with all applicable laws and regulations<br />

relating to refuse hauling including proper storage, transportation and disposal.<br />

(a) All vehicles intended for refuse hauling and/or recyclable material or yard<br />

waste hauling must display a current valid decal indicating successful inspection by<br />

the office of public works.<br />

(b) Licensed refuse haulers providing residential waste collection for single-family<br />

residences or multiple-dwelling residences with less than three dwelling units shall<br />

provide curbside recycling to their customers. Licensed refuse haulers providing<br />

residential waste collection for multiple-dwelling residences with three or more<br />

dwelling units shall provide a recycling option to all residents upon the property<br />

owner’s request.<br />

(c) A licensed refuse hauler shall provide refuse and/or recycling services to<br />

residential customers within the city limits, and must provide to the office of public<br />

works such information on refuse hauling and recycling services on such forms and<br />

in such manner as is designated from time to time by the office of public works the<br />

following:<br />

(1) Monthly reports due on the first day of the month listing all the street<br />

addresses:<br />

a. Serviced during the preceding month;<br />

b. Listing potential discontinuance of service by the waste haulers<br />

within the next 30 days; and<br />

c. Discontinuance of service by the waste haulers.<br />

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These reports shall be provided in an electronic format as determined by<br />

the office of public works.<br />

(2) Name and address of each waste disposal facility, yard waste depository<br />

and recycling processing center to be used.


(3) Name and addresses of end markets if bypassing recycling processor.<br />

(4) List of recycling clients' names, addresses and bin number, when<br />

assigned.<br />

(5) Quarterly reports containing receipts for all weekly deposits of recyclable<br />

materials collected within the city limits with the following information:<br />

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a. Number of recycling clients served during reporting period.<br />

b. Receipts showing deposits at recycling processor.<br />

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c. Receipts showing deposits to end market if recycling processor is<br />

bypassed.<br />

d. Total tonnage of each material collected by refuse hauler doing<br />

recycling business in the <strong>City</strong> of <strong>Springfield</strong>.<br />

(d) A licensed refuse hauler providing weekly service may not charge any city<br />

residential household an amount over the maximum allowed for yard waste<br />

disposal, refuse hauling and recycling service set forth in sections 105.12 and<br />

105.29 as from time to time amended. Additional services are negotiated between<br />

the refuse hauler and the individual household. The fees set forth in this chapter<br />

are the maximum fees that a licensed refuse hauler is permitted to charge, and any<br />

refuse hauler may rebate to customers any portion of the basic rate that is reduced<br />

by agreement with the customer. No other fees or service charges of any kind are<br />

authorized for yard waste disposal, refuse hauling and recycling service.<br />

(e) Any licensed refuse hauler who collectsreceives fees for hauling waste and<br />

disposing of waste, shall provide to the office of public works division of waste and<br />

recycling, proof of final disposition of garbage and rubbish in the form of receipts<br />

from a licensed or permitted waste disposal facility, or, if yard waste, the depository<br />

must be an EPA approved site or operation with proof of approval on file with the<br />

manager of waste and recyclingoffice of public works. Refuse haulers shall<br />

maintain receipts of disposition for each day they operate for a period of one<br />

calendar year, for example, the receipts for the entire calendar year shall not be<br />

disposed of until January of the second year next succeeding the subject calendar<br />

year.<br />

(f) Any licensed refuse hauler who hauls recyclables to a recycling processor or<br />

an end market shall provide to the manager of waste and recycling office of public<br />

works proof of final disposition of the recyclables in the form of receipts from a<br />

recycling processor or a direct end market. Refuse haulers shall maintain receipts<br />

of disposition for each day they operate for a period of one calendar year, for<br />

example, the receipts for the entire calendar year of 2000 shall not be disposed of<br />

until January of 2002the second year next succeeding the subject calendar year.<br />

(g) A licensed refuse hauler may not commingle yard waste with other forms of<br />

solid waste either during the collection process or during the final disposition.


(h) Those actively engaged in the collection, processing or hauling of any<br />

materials identified herein, at the time of the distribution and adoption of these<br />

regulations, are required to comply with all requirements therein.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07; Ord. No. 353-05-08, § 1(Exh. A), 5-20-08)<br />

§ 105.03.1. - Refuse hauler—Vehicle requirements.<br />

(a) All vehicles used in the collection of garbage, recyclables or rubbish shall be<br />

licensed and have a tight cover over the truck bed. This cover shall be of metal or<br />

canvas or similar material, but shall be designed to prevent the dropping or falling of any<br />

garbage or rubbish during transportation. All truck bodies, including truck beds, used for<br />

the collection, transportation, and dumping of garbage or rubbish shall be of metal<br />

construction and shall be at least nine cubic yards in load capacity. All truck bed covers<br />

shall be closed at all times while the vehicle is in transit anywhere within the corporate<br />

limits of the city.<br />

(b) Nothing herein shall prevent a refuse hauler from attaching a trailer for the purpose<br />

of transporting recyclable material only provided such trailer shall be in compliance with<br />

applicable city, state and federal regulations. Trailers shall be limited to the collection of<br />

recyclables only. No garbage or rubbish not considered recyclables material can be<br />

hauled by trailer.<br />

(c) Every vehicle used to collect refuse shall have designated in not less than threeinch<br />

lettering, the name of the refuse hauler in a format that satisfies with requirements<br />

established by the office of public works from time to time. This lettering shall be placed<br />

on both front doors of the vehicle. Every vehicle used to collect recyclables shall have<br />

designated in not less than three-inch lettering, the word "recycle" and the threearrowed<br />

symbol for recycling. This lettering and symbol shall be placed on both sides of<br />

the vehicle.<br />

(d) All vehicles for which registration is required shall be fully insured as to public<br />

liability, and property damage and employees employed in the operation of those<br />

vehicles in an amount no less than the minimum established by the office of public<br />

works from time to time.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.03.2. - Refuse hauler—Hours of collection.<br />

(a) The following are fixed as permissible hours of collection of garbage or rubbish for<br />

refuse haulers and the collections shall only be made during the following times.<br />

(1) Collections from dwellings may be made only between the hours of 6:00 a.m.<br />

to 6:00 p.m. Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday,<br />

except as provided for in subsection (d).<br />

(2) Collections from commercial establishments within one block of any hospital or<br />

hotel may be made only between the hours of 7:00 a.m. to 6:00 p.m. on Monday,<br />

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Tuesday, Wednesday, Thursday, Friday, Saturday, and between noon and<br />

sundown of Sunday, except as provided for in subsection (d).<br />

(3) Collections from commercial establishments other than within one block of any<br />

hospital or hotel may be made only between the hours of 6:00 a.m. and 6:00 p.m.<br />

on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. A waste hauler<br />

may request the public affairs committee or other committee designated by the city<br />

council for an exception to hours of pick up for individual locations based on<br />

location, volume, operational needs and/or any other factors deemed appropriate<br />

by the committee. The committee shall establish procedures for considering waste<br />

haulers' requests for an exception except as provided for in subsection (d).<br />

(4) Collections from any dwelling or commercial establishment located within the<br />

Downtown Capital Area TIF District, as set forth in Exhibit "A" of Ordinance No.<br />

453-6-95, may be made between the hours of 5:00 a.m. and 6:00 p.m., except on<br />

Fifth and Sixth Streets and the alleys between Fifth and Sixth Streets between<br />

Jefferson Street and Monroe Street.<br />

(5) No collection shall be made in a manner which constitutes a disturbance of the<br />

peace or nuisance.<br />

(b) The director of the office of public works shall have the authority to permit<br />

temporary exemptions exceptions to the permissible hours of collection as set forth in<br />

subsection (a) for special circumstances.<br />

(c) Notwithstanding section 105.999, violations of this section shall have a minimum<br />

fine of $100 for the first offense and a $500 fine for each succeeding offense. Each day<br />

that such violation continues shall be considered a separate offense.<br />

(d) Refuse haulers shall report to the office of public works the collection dates and<br />

routes utilized for service provided to customers located in the city. Notice of any<br />

changes of such collection dates and routes shall be made by the subject refuse hauler<br />

to the office of public works at least five business days in advance of any such change.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07; Ord. No. 01-01-08, § 1, 1-8-08)<br />

§ 105.04. - Obligations.<br />

(a) The licensed refuse hauler providing recycling service has the right to reject any<br />

item that is placed in the recycling bin that has not been rinsed or contains food<br />

particles. In cases where an item is rejected for pickup, the hauler shall place a notice<br />

as provided by the office of public works on the recycling bin explaining the reason the<br />

item could not be picked up.<br />

(b) The licensed refuse hauler providing recycling service must notify customers of<br />

collection day.<br />

(c) The licensed refuse hauler providing recycling service must notify the division of<br />

waste and recycling of the collection day and zones so the city may help coordinate and<br />

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educate public about them.<br />

(d) Where refuse disposal area screening is provided, the licensed refuse haulers shall<br />

be required to relocate the dumpster within the screened-in area and to close and<br />

secure the gates of said screening, where practicable, after collection occurs.<br />

(e) The licensed refuse hauler must pick up any garbage that has fallen on the ground<br />

as a result of emptying the dumpster.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

ARTICLE III. - MANAGER OF WASTE AND RECYCLINGRESERVED.<br />

§ 105.05. - Position established.<br />

§ 105.06. - Duties.<br />

§ 105.05. - Position established.<br />

(a) There is hereby established within the office of public works the position of<br />

manager of the division of waste and recycling, who is classified under civil service as a<br />

project manager.<br />

(b) The manager of the division of waste and recycling shall be appointed by the<br />

director of public works.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.06. - Duties.<br />

(a) The manager of the division of waste and recycling will provide bins (until the<br />

supply is depleted) that have been inventoried to approved licensed refuse haulers for<br />

the exact number of recycling clients. The bins are the property of the <strong>City</strong> of <strong>Springfield</strong><br />

and cannot be sold or leased without the city's permission. It is the responsibility of the<br />

licensed refuse hauler to maintain an inventory of the placement of their bins by number<br />

and to provide that same information to the manager of the division of waste and<br />

recycling.<br />

(b) The manager of the division of waste and recycling will maintain a list of all licensed<br />

refuse haulers registered with the city to provide refuse and recycling services within the<br />

limits of the <strong>City</strong> of <strong>Springfield</strong>.<br />

(c) The manager of the division of waste and recycling shall establish and promulgate<br />

regulations consistent with this chapter and other provisions of the <strong>City</strong> Code regarding<br />

the standards, materials and containers for recycling.<br />

(d) The manager of the division of waste and recycling shall develop, coordinate,<br />

encourage and promote recycling and solid waste management programs, projects and<br />

operations in local government and the community; provide educational programs on<br />

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various solid waste issues promoting solid waste management and recycling for<br />

industry, commerce and the general public; serve as a representative of the city on the<br />

Sangamon County Solid Waste Management Community Advisory Committee; maintain<br />

effective working relationships with companies involved in solid waste management<br />

and/or services on issues affecting their operations; make recommendations to the city<br />

council on fee regulations or contracts; confer with other governmental agencies on<br />

solid waste issues to promote the development and application of effective recycling<br />

programs in local communities and in industry and commerce; seek grant funding as<br />

alternative avenues of revenue and act as project manager to assure compliance,<br />

monitor solid waste legislation that affects the <strong>City</strong> of <strong>Springfield</strong> and collect data from<br />

compliance records of refuse haulers and processors and prepare reports regarding<br />

solid waste diversion for proper authorities.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.10. - Use and purpose of recycling bins.<br />

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ARTICLE IV. - BINS<br />

§ 105.10. - Use and purpose of recycling bins.<br />

(a) Any bin used in any type of recycling collection program, wherein a licensed refuse<br />

hauler picks up material for recycling and deposits it at a recycling processor, must be<br />

approved by the manager of the division of waste and recyclingoffice of public works<br />

prior to the first collection.<br />

(b) The blue 18.5-gallon bins furnished by the city are the property of the city <strong>City</strong> of<br />

<strong>Springfield</strong> and are made available for use in the curbside recycling program.<br />

(c) The bins are to be used for recycling in the city's curbside program only. If the<br />

recycling client relocates within the city limits and wishes to continue this program, the<br />

recycling client must make arrangements with their refuse hauler. If the recycling client<br />

moves and does not wish to continue the recycling program, or if the recycling client<br />

moves outside the city limits, all bins remain the property of the city <strong>City</strong> of <strong>Springfield</strong><br />

and must be returned to the refuse hauler from whom the bin was obtained.<br />

(dc) Lost, stolen, or damaged bins must be reported to the recycling client's refuse<br />

hauler who will advise of the replacement procedures and cost.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.11. - Recyclable materials.<br />

§ 105.12. - Yard waste disposal.<br />

ARTICLE V. - COLLECTION OF MATERIALS<br />

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§ 105.13. - Suspension of recycling.<br />

§ 105.14. - Theft of recyclables.<br />

§ 105.15. - Ownership of recyclable material.<br />

§ 105.16. - Large item pickup.<br />

§ 105.11. - Recyclable materials.<br />

(a) Recyclable materials shall be placed in recycling receptacles. Only those items<br />

listed on the side of the receptacles and classified as recyclables may be deposited in<br />

these receptacles.<br />

(b) When the receptacle is removed for any reason, recyclable items shall not be left at<br />

the site. Deposits may be made only when receptacles are on site. A violation of this<br />

section is punishable by a fine of $500. Each day the violation exists constitutes a<br />

separate offense. One hundred dollars of said fine may be paid to any individual<br />

providing information leading to the charging and conviction of the offender.<br />

(c) The recycling program will include the following materials listed belowas<br />

designated by the office of public works from time to time. As markets develop, the<br />

manager of the division of waste and recyclingoffice of public works may expand or<br />

reduce the items that will be accepted in the curbside recycling program:.<br />

(1) Plastics.<br />

a. #1 PETE: Clear and green beverage bottles of different liter sizes.<br />

b. #2 HDPE: Milk and water jugs of clear plastic.<br />

c. Other plastics when acceptable by end markets.<br />

(2) Glass.<br />

a. Clear jars, bottles and jugs only, provided the glass has contained an<br />

edible food or beverage item.<br />

b. No other glass item is acceptable.<br />

(3) Cans.<br />

a. Aluminum: beverage cans and pie pans.<br />

b. Tin cans and bi-metal cans: all food, pet food cans, some beverage cans.<br />

(4) Newspapers and papers that are dry and free from contaminants.<br />

(d) The manager of the division of waste and recycling shall coordinate a separate<br />

program for the recycling of colored glass.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

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§ 105.12. - Yard waste disposal.<br />

(a) All yard waste that is placed for residential and commercial pickup by licensed<br />

waste haulers shall meet the following requirements:<br />

(1) Yard waste must be placed in paper bags or emptyable waste receptacles;<br />

(2) The bags or receptacles must have yard waste stickers attached thereto; and<br />

(3) The bags or receptacles must contain yard waste only.<br />

(b) All licensed haulers have the following obligations with respect to yard waste<br />

disposal for their customers:<br />

(1) Haulers must pick up all stickered paper bags or waste receptacles containing<br />

yard waste within five business days after the yard waste is placed curbside by the<br />

customer;<br />

(2) For paper bags or receptacles with no stickers attached, the hauler must pick<br />

up all yard waste but shall charge the property owner up to $1.50 per bag or<br />

receptacle on the first occasion where stickers are not attached, and up to $2.00<br />

per bag for all subsequent occasions; and<br />

(3) For paper bags or receptacles not containing exclusively yard waste or for<br />

plastic bags containing yard waste, the hauler shall place a notice as provided by<br />

the office of public works on the bag or receptacle explaining the reason the yard<br />

waste could not be picked up.<br />

(c) No stickers shall be required during any periods of free yard waste pick up<br />

conducted by the city.<br />

(d) The director of the office of public works has the authority to extend the period for<br />

the pick up collection of yard waste by licensed haulers in the event of inclement<br />

weather or other emergency.<br />

(e) Any hauler that violates this section shall be fined no more than $250 for each<br />

violation. Failure to follow these provisions at each customer addresses constitutes a<br />

separate violation.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07; Ord. No. 353-05-08, § 1(Exh. A), 5-20-08)<br />

§ 105.13. - Suspension of recycling.<br />

(a) The manager of the division of waste and recycling office of public works may<br />

suspend the recycling of any recyclable material, if there ceases to exist a viable enduser<br />

or market.<br />

(b) The manager of the division of waste and recyclingoffice of public works shall<br />

publish notice of the suspension of a recyclable material by posting said notice on the<br />

bulletin boards at the east and west entrances to the Municipal Center West. A copy of<br />

said notice shall be placed on file with the city clerk. The notice shall be published in the<br />

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local newspaper as well. The manager of the division of waste and recyclingoffice of<br />

public works shall also send notice to all registered, licensed refuse haulers by certified<br />

mail, return receipt requested.<br />

(c) The manager of the division of waste and recyclingoffice of public works may<br />

pursuant to section 105.11, re-institute a recyclable material to the program if there<br />

exists a viable end-user or market. Notice shall be provided as set forth in subsection<br />

(b).<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.14. - Theft of recyclables.<br />

It shall be unlawful for any person who is not registered as a licensed refuse hauler to<br />

collect, obtain, possess or pick up any recyclable material placed for collection at the<br />

curb.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.15. - Ownership of recyclable material.<br />

(a) Purpose: This section is designed to prevent and discourage unauthorized<br />

collection of recyclable materials which are set out by city residents as part of the city's<br />

designated recycling program. Unauthorized collection or "scavenging" may reduce the<br />

volumes of material collected as part of the city's designated program and thereby<br />

threaten the economic viability of the program. Scavenging may also cause confusion<br />

among participating residents and thereby disrupt the publicity and educational<br />

processes of the city's designated recycling program.<br />

(b) Ownership: Ownership of recyclables stays with the person or household that<br />

originally purchased the item until that person relinquishes his/her rights of ownership<br />

through specific action of giving or selling said materials to a recyclables collection<br />

program. Nothing in this section shall abridge the right of the individual or household to<br />

give or sell his/her materials to any recyclables material collection program.<br />

Recyclable materials placed at the curb in a bin shall be collected only by a licensed<br />

refuse hauler. Furthermore, recyclable materials not prepared according to reasonable<br />

cleaning and sorting specifications shall remain the responsibility and property of the<br />

individuals or household from which the recyclable materials originated.<br />

(c) Unauthorized persons not to collect. No unauthorized person shall collect<br />

recyclable material set out at the curb.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.16. - Large item pickup.<br />

The office of public works shall, in conjunction with the office of public utilities, distribute<br />

information to city residents through utility bills regarding the pick upcollection of large<br />

items not eligible for collection through regular garbage pickup.<br />

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(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

ARTICLE VI. - RESIDENTS PARTICIPATING IN RECYCLING PROGRAM<br />

§ 105.20. - Eligibility.<br />

§ 105.21. - Responsibility.<br />

§ 105.20. - Eligibility.<br />

(a) An optional curbside recycling program will be available to city residents on such<br />

terms as established by the office of public works for all clients who all single-family<br />

residences, multi-family dwellings not to exceed four dwelling units and mobile homes<br />

parks, situated within the city limits, that pay for individual garbage service. The<br />

manager of the division of waste and recyclingoffice of public works will monitor this<br />

service between the residential clients and their private licensed refuse hauler.<br />

(b) A landlord of rental single-family residences and/or duplexes may request recycling<br />

service for each of the eligible residences through the licensed refuse hauler providing<br />

garbage pickup to the rental properties.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.21. - Responsibility.<br />

(a) The city residents who participate in the curbside recycling program must abide by<br />

all current city codes, state regulations and any rules and regulations that are<br />

promulgated by the manager of the division of waste and recyclingoffice of public works.<br />

(b) All recycling containers shall be placed at the curb for pickup service on the<br />

designated collection day pursuant to the regulations established by the manager of the<br />

division of waste and recyclingoffice of public works. No recycling receptacle shall be<br />

placed for collection more than twenty-four hours in advanced of the scheduled date for<br />

collection by the owner’s refuse hauler. A violation of this section is punishable by a fine<br />

of $25.00, and each day the violation exists constitutes a separate offense; provided<br />

that there shall be no fine for the first offense in relation to the subject premises.<br />

(c) If a city resident who participates in the curbside recycling program wishes to make<br />

any change in service, including but not limited to relocating or discontinuing service,<br />

then they must notify their refuse hauler of the change. If the city resident decides to<br />

discontinue the curbside recycling pickup service, the bins must be returned to the<br />

refuse hauler from whom the bin was obtained.<br />

(d) All recycled material must be properly cleaned and washed with lids removed when<br />

applicable.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

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ARTICLE VII. - RATES, COLLECTIONS, AND RECORDS OF RECYCLING<br />

FEE<br />

§ 105.29. - Regulation of rates for residential collection of garbage, rubbish, yard waste and recyclable<br />

materials.<br />

§ 105.30. - Rates imposed for operation cost.<br />

§ 105.31. - Books and records.<br />

§ 105.32. - Recycling records; filing.<br />

§ 105.33. - Proceeds of recycling fees.<br />

§ 105.29. - Regulation of rates for residential collection of garbage, rubbish, yard<br />

waste and recyclable materials.<br />

(a) Any increase in residential rates exceeding the maximum amounts listed herein by<br />

any refuse hauler is subject to the prior approval of the city council. The following rates<br />

shall include all transportation/and disposal costs.<br />

(b) Base rate. The monthly ratecharge by refuse haulers for once-a-week alley or curb<br />

pickup service for refuse including recycling services for residential customers shall not<br />

exceed the amounts set forth below:<br />

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RATES<br />

Two containers of refuse $13.75<br />

One container of refuse $11.25<br />

At the request of a residential customer, the refuse hauler shall make available curb<br />

recycling services.<br />

Yard waste and additional container rate:<br />

The ratescharges by refuse haulers for the once-a-week pickup of paper bags or<br />

containers of yard waste or once-a-week pickup of each additional container of<br />

refuse over the basic or carryout service shall not exceed, on a per bag or per<br />

container charge, those amounts set forth below:<br />

RATES<br />

Per bag of yard waste or each<br />

Additional refuse container $1.50<br />

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This section notwithstanding, refuse haulers shall provide leaf pickup service at no<br />

charge to the residential customer for residential leaf pickup for a period designated by<br />

the cityoffice of public works during the spring and fall season of each calendar year for<br />

the residential customers served by the refuse haulers, with each period being at least<br />

four weeks in durationas designated by the office of public works, under such terms and<br />

conditions agreed upon between the refuse haulers and the <strong>City</strong> of <strong>Springfield</strong>office of<br />

public works. The volume of each bag shall not exceed 33 gallons each. During the


designated free period, all yard waste bags or containers shall be placed at the curb for<br />

pickup service.<br />

(c) The monthly ratecharge by refuse haulers for once-a-week carryout pickup service<br />

for residential customers shall not exceed those amounts set forth below:<br />

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RATES<br />

Two containers of refuse $16.75<br />

One container of refuse $14.25<br />

The monthly ratecharge by refuse haulers for once-a-week carryout pickup service for<br />

residential customers who are disabled shall not exceed those set forth below:<br />

RATES<br />

Two containers of refuse $13.75<br />

One container of refuse $11.25<br />

(d) The city council may review the rates at any time upon the request of the refuse<br />

haulers or the manager of the division of waste and recyclingoffice of public works in the<br />

event of cost increases such as fuel, compost or landfill charges.<br />

(e) The office of public works, division of waste and recycling shall establish and<br />

promulgate regulations consistent with the <strong>City</strong> Code regarding the standards, materials<br />

and containers for recycling within the city and lands owned by the city.<br />

(f) All recycling containers shall be placed at the curb for pickup service.<br />

(g) With the exception of the period designated by the city for free residential leaf<br />

pickup, all yard waste bags or containers shall be placed curbside by the customer and<br />

not in any alleys or property adjacent to an alleyat the same location where garbage<br />

and rubbish is placed for alley or curb pickup service.<br />

(h) On or before January 1, 2014, the rate specified for the base rate, two containers of<br />

refuse, shall be collected by the city and shall be remitted by the city to the refuse<br />

haulers within thirty (30) days of adequate written confirmation by the refuse hauler of<br />

refuse service to the subject customer in form and manner as determined by the office<br />

of public works. The office of public works shall establish the process by which that rate<br />

will be collected. Any amount less than the base rate, two containers of refuse, charged<br />

by a refuse hauler to a customer shall be rebated directly by the refuse hauler to the<br />

customer in accordance with the service agreement between the refuse hauler and the<br />

customer.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

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§ 105.30. - Rates imposed for operation cost.<br />

(a) A recycling fee for the maintenance and operation of the recycling program of the<br />

division of waste and recycling shall be imposed upon each residential customer at the<br />

rate of $0.501.50 per month effective January 1, 2013.<br />

(b) Unless otherwise directed by the office of public works, itIt shall be the duty of the<br />

refuse hauler to secure the payment of the recycling fee from the residential customer<br />

and to pay over to the city treasurer theall fees collected under the procedures<br />

prescribed by the office of budget and management. On or before January 1, 2014, the<br />

recycling fee shall be collected by the city. The office of public works shall establish the<br />

process by which that fee will be collected.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.31. - Books and records.<br />

(a) The director of the office of public works, or his authorized representative, may<br />

enter the premises of any refuse hauler for inspection and examination of records in<br />

order to effectuate the proper administration of this article, and to assure the<br />

enforcement of the collection of the fee imposed. It shall be unlawful for any person to<br />

prevent, hinder, or interfere with the director or his authorized representative in the<br />

discharge of his duties in the performance of this article. It shall be the duty of every<br />

refuse hauler to keep accurate and complete books and records to which the director, or<br />

his authorized representative, shall at all times have full access.<br />

(b) Every refuse hauler shall keep separate books or records of histhe business so as<br />

to show the fees collectable under this article.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.32. - Recycling records; filing.<br />

(a) Until otherwise directed by the office of public works, everyEvery licensed refuse<br />

hauler shall file returns showing fees received with respect to each residential customer<br />

during each month, as well as each customer's location. The return shall be due on a<br />

quarterly basis, with the return for January, February, and March of a given year being<br />

due by April 30 of such year, with the return for April, May, and June of a given year<br />

being due by July 31 of such year, with the return for July, August, and September of a<br />

given year being due by October 31 of such year, and with the return for October,<br />

November, and December of a given year being due by January 31 of the following<br />

year. Refuse hauler reports will show delinquent accounts and proof of bad debt write<br />

offs. Efforts to collect are the responsibility of the refuse hauler. No delinquent account<br />

shall be payable by the refuse hauler until they are able to collect from the residential<br />

customer.<br />

(b) At the time of filing the recycling fee returns, the refuse hauler shall pay to the<br />

director all fees due for the period to which the return applies.<br />

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(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 105.33. - Proceeds of recycling fees.<br />

All proceeds resulting from the imposition of the recycling fee under this article,<br />

including penalties, shall be applied as follows:<br />

(a) The revenue received by the city from the fee shall be deposited in the city<br />

treasury and placed in the waste and recycling fund to be used to support the<br />

division of waste and recycling.<br />

(b) All revenues derived from the recycling fee shall be used to support the<br />

division of waste and recycling, including, but not limited to, the following programs:<br />

(1) The purchase of additional recycling bins and equipment.<br />

(2) To offset material processing costs.<br />

(3) To pay disposal or transportation costs related to community clean ups.<br />

(4) Special items collections, e.g., motor oil, electronics, Christmas trees,<br />

white goods, etc.<br />

(5) Publication and education, e.g., newsletters, brochures, advertising<br />

pertaining to recycling, waste management and reduction, Earth Day, etc.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

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ARTICLE VIII. - OBLIGATIONS OF SCRAP OPERATORS<br />

§ 105.40. - Obligations of scrap operators.<br />

§ 105.40. - Obligations of scrap operators.<br />

(a) Scrap materials shall not be accepted from any person under 16 years of age.<br />

(b) Scrap operators must log the following information for each transaction:<br />

(1) The date and time of the transaction; and<br />

(2) The name of the seller; and<br />

(3) The license plate number of the seller's vehicle; and<br />

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(4) The number and a photocopy of the seller's state-issued driver's license or<br />

state-issued identification card or federal-issued identification card; and<br />

(5) The seller's mailing address as listed on the identification in subsection (b)(4)<br />

herein; and


(6) If the transaction is conducted on behalf of a business, the name and address<br />

of the business; and<br />

(7) A description of the scrap materials; and<br />

(8) The origin of the materials; and<br />

(9) The amount paid to the seller.<br />

(c) Scrap operators shall pay for scrap metal via check if the transaction exceeds $100<br />

in value.<br />

(d) Scrap operators are required to communicate with law enforcement personnel<br />

regarding the theft of scrap metal including the quantity of material stolen, type of<br />

material, and other relevant information and are responsible for dissemination of the<br />

information to all other local scrap processors.<br />

(e) Scrap operators shall keep documentation regarding each transaction on file for a<br />

period of at least 90 days after the transaction has been completed, and shall allow law<br />

enforcement personnel access to said documentation anytime during normal business<br />

hours without a search warrant.<br />

(f) For purposes of this section only, aluminum cans are not considered scrap<br />

materials.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07; Ord. No. 302-8-11, § 1, 8-16-11)<br />

§ 105.999. - Penalty for violation.<br />

§ 105.999. - Penalty for violation.<br />

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ARTICLE X. - PENALTY<br />

Whoever violates sections 105.03, 105.04, and 105.40 of this chapter shall be fined not<br />

less than $100 nor more than $500 for each violation, provided that for the second<br />

conviction of any violation of any provision of this chapter within one calendar year, the<br />

mandatory minimum fine shall be no less than $250 nor more than $750. Each day<br />

during which a violation continues beyond the specified time for correction shall<br />

constitute a separate punishable offense.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

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DIVISION 1. - GARBAGE AND RUBBISH<br />

§ 170.17.01. - Garbage, rubbish, brush, weeds and solid waste.<br />

§ 170.17.02. - Receptacles to be provided.<br />

§ 170.17.03. - Solid waste to be placed in receptacles.<br />

§ 170.17.04. - Burning garbage or rubbish prohibited.<br />

§ 170.17.05. - Placing receptacles for collection.<br />

§ 170.17.06. - Depositing of garbage or rubbish.<br />

§ 170.17.07. - Exposure of diffusible substances to wind.<br />

§ 170.17.08. - Accumulation of garbage or rubbish prohibited.<br />

§ 170.17.09. - Unauthorized removal of garbage, rubbish or recyclable material from receptacles.<br />

§ 170.17.10. - Tipping over containers; removal of cap or cover.<br />

§ 170.17.11. - Employees exempt.<br />

§ 170.17.12. - Abandoned refrigerators, iceboxes, or ice chests.<br />

§ 170.17.13. - Animal feces.<br />

§ 170.17.14. - Composting.<br />

§ 170.17.01. - Garbage, rubbish, brush, weeds and solid waste.<br />

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(a) (1) The owner, as defined in this chapter, and any occupant or lessee, of any<br />

residential premises shall have removed from histhe premises by a licensed refuse<br />

hauler any household garbage, and rubbish a minimum of once every seven<br />

daysper week. In all cases, it shall be the ultimate responsibility of the owner, not<br />

the occupant, lessee or contract for deed buyer, to keep his premises free of any<br />

garbage, or rubbish. This section shall not require residential customers to contract<br />

with a licensed refuse hauler to dispose of household rubbish or refuse resulting<br />

from remodeling or construction, such debris may be disposed of directly at a<br />

landfill or waste transfer station.<br />

(2) Presumption of violation. Whenever the records of the office of public works<br />

and the submitted monthly reports of licensed refuse haulers indicate that a certain<br />

premises does not have weekly garbage service, the rebuttable presumption is<br />

created that the owner of the premises has violated subsection 170.17.01(a)(1), but<br />

that presumption may be rebutted.<br />

(3) The director of the office of public works shall have the authority to waive<br />

requirements of this section upon written application from the owner that<br />

circumstances are such that a waiver is justified, i.e. instances where senior<br />

citizens share the service of a licensed refuse hauler.<br />

(4) The office of public works shall assign a licensed garbage hauler to remove<br />

garbage and rubbish from any residential premises determined by the director of<br />

the office of public works as not having a licensed refuse hauler to remove garbage<br />

and rubbish as required by this section. The assignment of a licensed garbage<br />

hauler shall be made on a rotating basis between all such licensees. The office of<br />

public works shall maintain records regarding the assignments of licensed haulers.<br />

(b) The owner, as defined in this chapter, and any occupant or lessee, of any premises


shall remove or have removed from the premises any brush and/or solid waste. It shall<br />

be the ultimate responsibility of the owner to keep the premises free of any<br />

accumulation of brush and/or solid waste. The removal of brush and/or solid waste shall<br />

be performed within the time specified from the date of the notice. The maximum time<br />

limit shall be seven days from the date of the mailing of the housing ordinance violation<br />

notice, or three days after personal delivery of the housing ordinance violation notice.<br />

(c) The owner, occupant, lessee or contract for deed buyer, as defined in this chapter,<br />

of any commercial premises shall have removed from his premises by a licensed refuse<br />

hauler any solid waste on the premises a minimum of once every seven days. In all<br />

cases, it shall be the ultimate responsibility of the owner to keep his premises free of<br />

any solid waste. This section shall not require commercial customers to contract with a<br />

licensed refuse hauler to dispose of solid waste resulting from remodeling or<br />

construction, such debris may be disposed of directly at a landfill or waste transfer<br />

station.<br />

(d) The owner, occupant, lessee, contract for deed buyer of any premises shall remove<br />

or have removed from any premises, rank growth of weeds ten inches or greater in<br />

height. It shall be the ultimate responsibility of the owner to keep the premises free of<br />

any accumulation of rank growth of weeds. Any employee, agent or party doing business<br />

on behalf of the <strong>City</strong> of <strong>Springfield</strong> may enter upon the land or any part thereof of another<br />

for the purpose of abating the rank growth of weeds and shall not be liable for trespassing<br />

onto land notwithstanding the presence of any printed or written notice forbidding entry<br />

being posted on the land. Notice shall be given in the following manner:<br />

(1) For lots with an occupied structure, the notice to abate the rank growth of<br />

weeds ten inches or greater in height may be given to the owner of the property by<br />

personal service or by regular mail with postage prepaid. If an owner refuses to<br />

accept service or is unable to be located, service may be had by posting a sign on<br />

the premises of the property in question regarding the violation. The sign shall be<br />

posted in a conspicuous place near the front of the lot or the main entrance of the<br />

structure. The posted sign shall be at least 14 inches in height and eight inches in<br />

width and at the top thereof in large letters shall state the words, "Notice to Abate."<br />

The text of the notice shall contain a reference to the provision of this code<br />

violated, the name of the property owner, the address of the property, the date of<br />

posting, and such other information respecting the nature of the violation as the<br />

department deems advisable. It shall be unlawful for anyone to deface, tamper<br />

with, or remove the "Notice to Abate" sign from the property where it is posted<br />

unless authorized by the department. All notices shall state that the removal of the<br />

rank growth of weeds shall be performed within the time specified from the date of<br />

the notice. The maximum time limit to abate the rank growth of weeds ten inches or<br />

greater in height shall be seven days from the date of mailing the public health<br />

ordinance violation notice, or five days after personal delivery of the public health<br />

ordinance violation notice or the posting of notice on the property.<br />

(2) For vacant lots or lots with an unoccupied structure, the notice to abate the<br />

violation of rank growth of weeds ten inches or greater in height shall be published<br />

by the city in a newspaper of general circulation within the city limits. The notice<br />

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shall be posted once a week for two consecutive weeks any time during the months<br />

of April through August for each year. Said notice shall inform all owners of any<br />

vacant lot or a lot with an unoccupied structure that the growth of weeds ten inches<br />

or greater and the existence on any such lot is contrary to the ordinances of the<br />

city. The notice shall further inform the public that should the weeds grow to more<br />

than ten inches in height during the remaining calendar year, the city may cut the<br />

weeds without further notice and the owner or person in control shall be liable to<br />

the city for its costs. This notice shall be a display advertisement.<br />

(e) If notice for the accumulation of garbage, rubbish, brush, or solid waste on any<br />

premises is attempted in accordance with section 170.10.06 of this chapter and the<br />

owner or occupant, lessee, or contract for deed buyer of any premises is unable to be<br />

located or refuses to accept service, service may be had by posting a sign on the<br />

premises of the property in question regarding the violation. The sign shall be posted in<br />

a conspicuous place near the front of the lot or the main entrance of the structure. The<br />

posted sign shall be at least 14 inches in height and eight inches in width and at the top<br />

thereof in large letters shall state the words, "Notice to Abate." It shall be unlawful for<br />

any person other than a person authorized by the department to remove, deface, or<br />

tamper with a posted notice. The text of the notice shall contain a name of the owner or<br />

occupant, lessee, or contract for deed buyer, the address of the property where the<br />

violation exists, the code section violated and a description of the violation, the date of<br />

the posting and the time frame for the violation to be abated, penalties upon conviction<br />

of the violation and for removal, defacement or tampering with the "Notice to Abate"<br />

sign.<br />

(f) An appeal from an ordinance violation notice issued under this section may be<br />

taken by the person listed in the notice. The appeal shall be considered pursuant to the<br />

provisions of chapter 39 of this Code. The appeal shall be taken by filing a notice of<br />

appeal with the city clerk within 45 days of the date of the ordinance violation notice.<br />

The notice of appeal shall describe the ordinance violation notice appealed from and<br />

shall specify the grounds for the appeal.<br />

The city clerk shall, upon receipt of the notice of appeal, forthwith transmit to the hearing<br />

officer all of the original documents and materials, or true copies thereof; constituting<br />

the record on which the action appealed from was taken. The hearing officer shall fix a<br />

reasonable time, not more than 60 days after the notice of appeal has been filed, for the<br />

hearing on the appeal and inform the city clerk of the time and place that the hearing will<br />

be held. The city clerk shall give due notice of the hearing, in writing, to the appellant,<br />

and to the office of corporation counsel code enforcement division. It shall not be<br />

necessary to publish any notice of a hearing on an appeal.<br />

The hearing officer shall decide the appeal within a reasonable time, not more than 30<br />

days, after the hearing. On appeal, the hearing officer is limited to a determination of the<br />

propriety of the ordinance violation notice. The hearing officer may reverse or affirm the<br />

ordinance violation notice.<br />

(Ord. No. 236-04-07, § 1, 4-18-07; Ord. No. 745-10-07, § 1(Exh. A), 10-23-07; Ord. No.<br />

243.07.12, § 1, 7-19-12 )<br />

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§ 170.17.02. - Receptacles to be provided.<br />

(a) The owner, as defined in this chapter, of any single-family residence or multipledwelling<br />

residence with less than three dwelling units shall provide, or cause to be<br />

provided a receptacle or receptacles that comply with the requirements established by<br />

the office of public works from time to time.are:<br />

(1) Clean and in good repair.<br />

(2) Galvanized metal or plastic with a close-fitting metal or plastic cover.<br />

(3) Watertight.<br />

(4) A capacity of not less than five nor more than 65 gallons.<br />

(5) With suitable handles for carrying.<br />

(6) Sufficient to contain the accumulation of waste material for a period of at least<br />

seven days.<br />

Dumpsters are not permitted for the collection of household garbage and rubbish for<br />

single-family residences or multiple-dwelling residences with less than three dwelling<br />

units.<br />

(b) The owner, as defined in this chapter, of any multiple-dwelling residence with three<br />

or more dwelling units, shall provide and maintain clean and in good repair receptacles<br />

commonly known as dumpsters that comply with the requirements established by the<br />

office of public works from time to time. The dumpsters shall include lids which shall be<br />

kept closed at all times except when garbage is being deposited in the dumpsters or<br />

when the dumpster is being emptied. Dumpster capacity shall be based on the number<br />

of dwelling units as follows:<br />

(1) One or more cubic yards for three to four dwelling units.<br />

(2) One and one-half cubic yards or more for five to six dwelling units.<br />

(3) Two cubic yards or more for seven to eight dwelling units.<br />

(4) An additional one-half cubic yard shall be required for every additional two<br />

dwelling units over eight units.<br />

(c) In all cases, it shall be the ultimate responsibility of the owner to provide the proper<br />

receptacles for the premises.<br />

(d) If the owner fails to monitor the dumpster on his premises as required by<br />

subsection 170.17.02(b), then in addition to all other remedies provided in the building<br />

code, the building official may order the refuse hauler who owns the dumpster to<br />

remove the dumpster from the premises. The notice to abate may be given to the refuse<br />

hauler by personal service or by regular mail with postage prepaid. If the refuse hauler<br />

refuses to accept service or is unable to be located, service may be had by posting a<br />

sign on the dumpster in question regarding the violation. The posted sign shall be at<br />

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least 14 inches in height and eight inches in width and at the top thereof in large letters<br />

shall state the words, "Notice to Abate." The text of the notice shall contain a reference<br />

to the provision of this code violated, the name of the refuse hauler, the address of the<br />

property, the date of posting, and such other information respecting the nature of the<br />

violation as the department deems advisable. It shall be unlawful for anyone to deface,<br />

tamper with, or remove the "Notice to Abate" sign from the dumpster where it is posted<br />

unless authorized by the department. The removal of the dumpster shall be performed<br />

within the time specified from the date of the notice. The maximum time limit to remove<br />

the dumpster shall be seven days from the date of mailing the public health ordinance<br />

violation notice, or five days after personal delivery of the public health ordinance<br />

violation notice or the posting of notice on the property. A refuse hauler who violates this<br />

provision shall be subject to penalties as set forth in section 170.17.399<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 170.17.03. - Solid waste to be placed in receptacles.<br />

(a) It shall be the duty of every owner or occupant of any premises to dispose of any<br />

solid waste inclusive of, but not limited to, garbage and rubbish in receptacles described<br />

in section 170.17.02<br />

(b) It shall be the duty and responsibility of every construction contractor or builder to<br />

containerize all solid waste inclusive of, but not limited to, garbage and rubbish in<br />

receptacles capable of preventing its spread by natural elements, or by animals onto<br />

any premises. The containment of said solid waste shall be performed within seven<br />

days after the date of the mailing of the housing ordinance violation notice or three days<br />

after personal delivery of the housing ordinance violation notice.<br />

(c) It shall be the duty and responsibility of every contractor or builder to dispose of<br />

any solid waste in accordance with all local, state, and federal laws.<br />

(d) The removal of any solid waste shall be accomplished in a manner which does not<br />

create a nuisance or cause annoyance or discomfort to any person.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 170.17.04. - Burning garbage or rubbish prohibited.<br />

No person shall burn or cause to be burned any garbage or rubbish, brush, weeds,<br />

grass, leaves or solid waste unless authorized by state or federal law.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 170.17.05. - Placing receptacles for collection.<br />

All receptacles for the collection of garbage and rubbish shall be placed on the owner's<br />

premises in an accessible place at ground level, provided that if the owner's property<br />

has alley access, the receptacles shall be placed at the alley. When a snow emergency<br />

has been declared pursuant to section 79.30 of this Code, for the following ten days,<br />

garbage and rubbish must be placed in an area near the street sufficiently cleared for<br />

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pickup by the waste haulers. No receptacle shall be placed on public property or rightof-way<br />

so as to impede or interfere with pedestrian or motor vehicle traffic. No<br />

receptacle shall be placed for collection more than twenty-four hours in advanced of the<br />

scheduled date for collection by the owner’s refuse hauler. A violation of this section is<br />

punishable by a fine of $25.00, and each day the violation exists constitutes a separate<br />

offense; provided that there shall be no fine for the first offense in relation to the subject<br />

premises.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07; Ord. No. 103-3-11, § 1, 3-15-11)<br />

§ 170.17.06. - Depositing of garbage or rubbish.<br />

No person shall deposit, collect, or transport garbage or rubbish in such a manner that it<br />

may be spread by natural elements, such as wind or rain, or by animals onto any<br />

premises.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 170.17.07. - Exposure of diffusible substances to wind.<br />

No ashes, coal, or other substance liable to be blown by the wind may be sieved or<br />

exposed unless steps are taken to prevent any possible diffusion by the wind.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 170.17.08. - Accumulation of garbage or rubbish prohibited.<br />

No person shall allow or cause the accumulation of garbage or rubbish except as<br />

provided in section 170.17.03, nor allow or cause any vehicles containing garbage or<br />

rubbish to remain on or along any railroad, street, or highway within 300 yards of any<br />

inhabited dwelling.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 170.17.09. - Unauthorized removal of garbage, rubbish or recyclable material<br />

from receptacles.<br />

The unauthorized removal of any garbage, rubbish or recyclable material as defined in<br />

section 170.10.03 of this chapter from any receptacle shall be prohibited.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 170.17.10. - Tipping over containers; removal of cap or cover.<br />

The tipping over of any receptacle provided for the placement of garbage or rubbish, or<br />

the removal of any cover from a receptacle without replacement in its proper position is<br />

prohibited.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

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§ 170.17.11. - Employees exempt.<br />

Nothing contained in sections 170.17.09 and 170.17.10 shall be construed to apply to<br />

persons hired or employed for the purpose of collecting garbage or rubbish and<br />

disposing of it; however, all receptacles shall be replaced after collection in an upright<br />

position with the covers on them.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 170.17.12. - Abandoned refrigerators, iceboxes, or ice chests.<br />

(a) No person shall store, abandon or discard in any place accessible to children, any<br />

refrigerator, icebox, or ice chest, of a capacity of one and one-half cubic feet or more<br />

which has an attached lid or door.<br />

(b) No owner, lessee or manager of any premises shall knowingly permit to remain<br />

thereon in any place accessible to children an inoperable refrigerator, icebox, or ice<br />

chest, of a capacity of one and one-half cubic feet or more which has an attached lid or<br />

door.<br />

(c) Upon notification by the department that such condition, as described in<br />

subsections (a) and/or (b), exists, the owner, lessee or manager shall immediately<br />

remove the refrigerator, icebox, or ice chest. If the owner, lessee or manager refuses to<br />

do so, or cannot be located, the department shall remove the lid or door and issue a<br />

housing violation notice requiring removal of the refrigerator, icebox, or ice chest within<br />

seven days after the date of the mailing of the notice or within three days after personal<br />

delivery of the notice.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 170.17.13. - Animal feces.<br />

No owner or occupant of any premises shall allow animal feces which constitutes a<br />

health hazard to remain thereon. Any violation of this section shall be corrected within<br />

seven days after the date of the mailing of the housing violation notice or within three<br />

days after personal delivery of the notice.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07)<br />

§ 170.17.14. - Composting.<br />

(a) Purpose and intent. The purpose of this section is to promote the recycling of yard<br />

wastes through composting, and to establish minimum standards for proper compost<br />

maintenance.<br />

(b) Maintenance. All compost piles shall be maintained using approved composting<br />

procedures to comply with the following requirements:<br />

(1) All compost piles shall be enclosed in a freestanding compost bin. Each<br />

compost bin shall be no larger in volume than 125 cubic feet and shall be no taller<br />

C:\Users\rhawkins\Desktop\2012-395.doc<br />

2012-395


than five feet, and further, said compost bin shall provide adequate penetration of<br />

moisture for the compost materials and provide adequate ventilation for products of<br />

decomposition.<br />

(2) All compost piles shall be maintained as to prevent the attraction or harborage<br />

of rodents and pests.<br />

(3) All compost piles shall be maintained as to prevent unpleasant odors.<br />

(4) No compost pile shall be located in any yard except as follows:<br />

(c) Ingredients.<br />

a. In rear yard not less than three feet from all lot lines; and<br />

b. In side yard no closer to any lot line than the required side setbacks<br />

prescribed in the zoning district in which it is located.<br />

(1) No compost piles shall contain any of the following:<br />

a. Lake weeds.<br />

b. Cooked food scraps.<br />

(2) Permitted ingredients shall include:<br />

a. Yard waste.<br />

b. Commercial compost additives.<br />

c. Uncooked vegetable waste.<br />

(d) Owner responsibility. Every owner or operator shall be responsible for maintaining<br />

all property under his or her control in accordance with the requirements of this section.<br />

(e) Penalty. Any person violating this section shall be subject to a fine of not less than<br />

$300 nor more than $750. Each day such violation continues shall be considered a<br />

separate offense.<br />

(Ord. No. 745-10-07, § 1(Exh. A), 10-23-07; Ord. No. 377-10-11, § 1(Exh. A), 10-18-11)<br />

C:\Users\rhawkins\Desktop\2012-395.doc<br />

2012-395


Ordinances on First Reading<br />

Assigned to the<br />

Committee of the Whole<br />

November 20, 2012


TENTATIVE AGREEMENT<br />

BETWEEN<br />

INTERNATIONAL BROTHERHOOD OF TEAMSTERS,<br />

CHAUFFEURS, WAREHOUSEMEN, AND HELPERS OF AMERICA, LOCAL 916<br />

AND<br />

CITY OF SPRINGFIELD<br />

1) Three year agreement-July 1, 2012 to June 30, 2015<br />

2) 18 bargaining unit employees<br />

3) Across-the Board- Increases, except for new hires on or after July 1, 2012<br />

a. July 1, 2012- 3.0%<br />

b. July 1, 2013- CPI (floor of 1% ceiling of 3%)<br />

c. July 1, 2014- CPI (floor of 1% ceiling of 3%)<br />

'<br />

4) New in-hire hourly wages for Utility Security Officer and Utility Security Guard hired on or after<br />

July 1, 2012 reduced as follows:<br />

New wage Current wage<br />

a. Security Officer 1st year $16.00 $21.33<br />

b. Security officer 2nd year $17.00 $21.33<br />

c. Security Guard 1st Year $16.00 $17.85<br />

d. Security Guard 2nd year $17.00 $17.85<br />

*New hires will not receive across the board wage increases unless otherwise negotiated<br />

5) Modification of current work schedule to decrease overtime. All current employees go from 5<br />

to 3 variations of days off to increase shift coverage. New employees hired on or after July 1,<br />

2012, may be placed in a relief pool with modified shifts and schedules to reduce overtime<br />

6) Increase longevity pay at years 10 and 20 by $100. Currently $300 and $400<br />

7) Furlough days- All bargaining unit members will take two (2) furlough days by February 28,<br />

2013<br />

8) New employees hired on or after July 1, 2012, will no longer be eligible for sick time payout<br />

upon retirement<br />

9) Effective July 1, 2012, sick days covered under FMLA will be considered when determining<br />

' eligibility for bonus days<br />

10) Add Easter. Sunday as a holiday as the rest of the 24 hour shift workers' contracts include Easter<br />

Sunday<br />

11) Effective 90 days after ratification of the contract all employees will be subject to random drug<br />

and alcohol testing<br />

gSll


12) Employer shall provide twenty (20) days notice prior to the effective date of layoff and employer<br />

agrees to meet and confer with the union prior to the effective date of the layoff to discuss<br />

economically feasible alternative to the planned layoffs<br />

13) Employer maintains its right to subcontract out work, but prior to sub-contracting out security<br />

work, it will provide no less than thirty (30) calendar days notice to the union and meet to<br />

discuss with the union economically feasible alternatives to sub-contracting<br />

14) Increase layoff recall period from 12 months to 36 months<br />

15) Grievance process adjusted so that the General Manager responds at 3rd level and Manager of<br />

labor Relations responds at the 4th level of the grievance process


AN ORDINANCE AUTHORIZING THE DEVELOPMENT AND<br />

IMPLEMENTATION OF AN AFFIRMATIVE ACTION PLAN FOR THE<br />

CITY OF SPRINGFIELD<br />

WHEREAS, the <strong>City</strong> of <strong>Springfield</strong> is a home rule unit as defined in Article VII, Section<br />

6(a) of the 1970 Illinois Constitution and has jurisdiction over matters pertaining to its<br />

government and affairs; and<br />

WHEREAS, it is essential that the <strong>City</strong> of <strong>Springfield</strong> has a workforce that fairly and<br />

fully represents the local population and taps the underutilized abilities of minorities, females,<br />

veterans and persons with disabilities; and<br />

WHEREAS, it is necessary that the <strong>City</strong> of <strong>Springfield</strong> provide an enviromnent where<br />

every employee can contribute to the maximum of his or her ability and improve the quality of<br />

public service for all segments of our community; and<br />

WHEREAS, the principles of equal employment opportunity govern all aspects of the<br />

<strong>City</strong> of <strong>Springfield</strong>'s human resomces policies, program practices and operations, and all phases<br />

of employment, including recruitment, hiring, evaluation, promotion, transfer, training, benefits<br />

and separation, are and shall be conducted in compliance with equal employment oppmiunity<br />

laws, rules and regulations.<br />

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD, ILLINOIS:<br />

Section 1: The <strong>City</strong> of <strong>Springfield</strong> endorses affirmative action in the employment of<br />

all persons and will ensure that all human resomces policies and all phases of employment<br />

incorporate the principles of affirmative action to the fullest extent of the law.<br />

Section 2: The Director of the Office of Hmnan Resomces shall prepare an<br />

Affinnative Action Plan no later than February 28, 2013, and shall have the full authority to<br />

develop and implement a program that incorporate the equal employment opportunity policies in<br />

order to achieve the objectives set forth in the plan.<br />

Section 3: The Mayor and the Director of the Office of Hmnan Resources shall<br />

submit the Affirmative Action Plan to the <strong>City</strong> Council in ordinance format for consideration and<br />

adoption by the <strong>City</strong> Council no later than April 31, 2013.<br />

Section 4: The <strong>City</strong> Council shall administratively support the goals of the approved<br />

Affirmative Action Plan so that employment recruitment, hiring, training, evaluation, transfer,<br />

promotion and retention objectives set forth in the plan are met.<br />

S:\ WPDOCS\ORDINANC\Affirmative Action Plan.doc Tracking No. 8516<br />

12 4·4 3


Section 5: This Ordinance shall take effect immediately upon its passage, approval<br />

and publication in pamphlet by the <strong>City</strong> <strong>Clerk</strong>.<br />

PASSED: ________ , 2012 SIGNED: _________ , 2012<br />

RECORDED: _______ ,, 2012<br />

ATTEST: _________ _<br />

Mayor J. Michael Houston<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tumulty Approved as to legal sufficiency:<br />

Requested by: Alderman Doris Turner<br />

Office of Corporation Counsel I Date<br />

S:\ WPDOCS\ORDINANC\Affirmative Action Plan.doc Tracking No. 8516


AN ORDINANCE AUTHORIZING A SUPPLEMENTAL APPROPRIATION<br />

IN THE AMOUNT OF $99,298.10 FOR THE CONVENTION AND VISITORS<br />

BUREAU<br />

WHEREAS, the <strong>City</strong> of <strong>Springfield</strong> is a home rule unit as defined in A.liicle VII, Section<br />

6( a) of the 1970 Illinois Constitution and has jurisdiction over matters pertaining to its government<br />

and affairs; and<br />

WHEREAS, the <strong>Springfield</strong> Convention and Visitors Bureau (CVB) received an<br />

International Marketing Grant (#12-365028) from the Illinois Depmiment of Commerce and<br />

Economic Oppmiunity (IDCEO); a11d<br />

WHEREAS, CVB has received first quarter reimbursement funds in the amount of<br />

$34,563.50 and final reimbursement :fimds in the amount of $64,734.60 for a total mnount of<br />

$99,298.10; a11d<br />

WHEREAS, CVB is requesting a supplemental appropriation of the :fimds received in the<br />

amount of$99,298.10.<br />

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD, ILLINOIS:<br />

Section 1: That the <strong>City</strong> COlmcil hereby authorizes a supplemental appropriation in the<br />

total amount of $99,298.10 from reimbursement funds received in connection with International<br />

Mmketing Grm1t #12-365028 into expenditure account 021-114-VIST-VIST-1218 for the<br />

Convention and Visitors Bureau.<br />

Section 2: That the Office ofBudget and Management is hereby authorized to effectuate<br />

this supplemental appropriation for the Convention and Visitors Bureau.<br />

form.<br />

Section 3: That the <strong>City</strong> <strong>Clerk</strong> is hereby directed to publish this ordinance in pmnphlet<br />

Section 4: That tllis ordinm1ce shall become effective immediately after its passage and<br />

publication in pamphlet form.<br />

PASSED: ---------' 2012 SIGNED: ---------' 2012<br />

RECORDED: --------' 2012<br />

Mayor J. Michael Houston<br />

ATTEST: -------------------<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tumulty Approved as to legal sufficiency:<br />

Requested by: Mayor J. Michael Houston<br />

Office of Corporation Counsel I Date<br />

S:\WPDOCS\ORDINANC\SUPPLE\OTHER\CV&B Inti Mkt Grant 12-365028 $99,298.10.doc Tracking No. 8507<br />

12 444


AN ORDINANCE AUTHORIZING PAYMENT TO TINA SHAW, A FORMER CITY<br />

OF SPRINGFIELD FIREFIGHTER, TO SETTLE A WORKERS' COMPENSATION<br />

CLAIM FOR CASE NUMBER 10-WC-45205_<br />

WHEREAS, the <strong>City</strong> of <strong>Springfield</strong> is a home rule unit as defined in Article VII, Section6(a) ofthe<br />

1970 Illinois Constitution and has jurisdiction over matters pertaining to its government and affairs; and<br />

WHEREAS, Tina Shaw was employed as a firefighter for the <strong>City</strong> on September 16, 2010, and<br />

repmted an injury to her right shoulder while performing a rescue lift during training; and<br />

WHEREAS, Ms. Shaw was initially treated for a shoulder strain and was sent for an independent<br />

medical exam after conservative treatment failed; and<br />

WHEREAS, based on the examiner's opinion, Ms. Shaw was referred to a spine specialist and<br />

underwent treatment for cervical radiculopathy; and<br />

WHEREAS, Ms. Shaw was released with permanent restrictions that prevented her from returning to<br />

work as a firefighter for the <strong>City</strong>; and<br />

WHEREAS, Ms. Shaw filed a workers' compensation claim (1 0-WC-45205) and is willing to settle<br />

her claim in the amount of $108,1 07.00 representing a pennanent partial disability equivalent to 3 2. 5% man as<br />

a whole; and<br />

WHEREAS, Livingstone, Mueller, O'Brien and Davlin, P.C., the <strong>City</strong>'s workers compensation legal<br />

advisors recmmnend payment in the amount of $108,107.00 to Ms. Shaw to settle her workers compensation<br />

claim for case number 10-WC-45205.<br />

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD, ILLINOIS:<br />

Section 1: That the <strong>City</strong> Council hereby authorizes payment of$108,107.00 to Tina Shaw, a<br />

former <strong>City</strong> of <strong>Springfield</strong> firefighter, to settle a workers' compensation claim for case number 10-WC-45205,<br />

representing a permanent prutial disability equivalent to 32.5% loss of use of a man as a whole. The Mayor ru1d<br />

the <strong>City</strong> <strong>Clerk</strong> are hereby authorized to sign the Settlement Agreement on behalf of the <strong>City</strong> of <strong>Springfield</strong>.<br />

Section 2: That the Office ofBudget and Mru1agement is hereby authorized to pay the lump sum<br />

of $108,107.00 from Account Number 074-107-BMGT-WCMP-2205 as provided in the Settlement<br />

Agreement to Tina Shaw ru1d her attorney Wm. Connor.<br />

Section 3: That this ordinance shall become effective immediately upon its passage and<br />

recording by the <strong>City</strong> <strong>Clerk</strong>.<br />

PASSED: ---------' 2012 SIGNED: ---------' 2012<br />

RECORDED: -------' 2012<br />

Mayor J. Michael Houston<br />

ATTEST: ----------------<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tum ulty Approved as to legal sufficiency:<br />

Requested by: Mayor J. Michael Houston<br />

Office of Corporation Counsel I Date<br />

S:\WPDOCS\ORDINANC\SETTLE\WCOMP\CITY Settle\ Tina Shaw former SFD 10-WC-45205.doc Tracking No. &4%-8512<br />

12 445


No. GF0-207<br />

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A PROPOSAL·<br />

WITH ENVIROVAC WASTE TRANSPORT SYSTEMS, INC. FOR THE REMOVAL AND BENEFICIAL·<br />

USE OF 135,000 TONS OF SYNTHETIC GYPSUM FOR AN EIGHTEEN MONTH TERM IN AN<br />

AMOUNT NOT TO EXCEED $1,215,000.00 PURSUANT TO PROPOSAL NO. UE13-30<br />

FOR THE ELECTRIC GENERATION DEPARTMENT<br />

FOR THE OFFICE OF PUBLIC UTILITIES<br />

WHEREAS, this Ordinance approves and authorizes the execution of a Proposal with Envirovac<br />

Waste Transport Systems, Inc. for the removal and beneficial use of up to 135,000 ton.s of synthetic<br />

gypsum for an eighteen month term in an amount not to exceed $1,215,000.00 for the <strong>City</strong> of <strong>Springfield</strong><br />

Office of Public Utilities' Electric Generation Department, and<br />

WHEREAS, the primary goal of this program is to beneficially reuse as much synthetic gypsum<br />

as possible, and<br />

WHEREAS, Envirovac will haul the synthetic gypsum from the utility's Power Plant Complex to a<br />

cement manufacturing plant in Missouri, and<br />

WHEREAS, pursuant to this proposal, the utility will pay Envirovac $9.00 per ton, and<br />

WHEREAS, these rates are subject to a fuel adjustment clause based on Department of Energy<br />

fuel averages for the Midwest Region, and<br />

· WHEREAS, Competitive Sealed Proposals were sought pursuant to Section 38.38 of the Code of<br />

the <strong>City</strong> of <strong>Springfield</strong>, Illinois, for the removal and beneficial use of synthetic gypsum generated at th·e ·<br />

utility's Power Plant Complex, and the utility recommends accepting this Proposal with Envirovac WaE?te<br />

Transport Systems, Inc. in accordance with said Proposals, and<br />

WHEREAS, compliant with the provisions of Section 38.38 of the <strong>City</strong> Code, the Purchasing ·<br />

Agent has determined that this contract is not subject to sealed competitive bidding, and<br />

WHEREAS, the proposal documents with Envirovac Waste Transport Systems, Inc. shall be on<br />

file in the Office of the <strong>City</strong> <strong>Clerk</strong> and identified by Proposal No. U E30-13.<br />

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SPRINGFIELD,<br />

ILLINOIS:<br />

Section 1. The Council of the <strong>City</strong> of <strong>Springfield</strong>, Illinois, hereby approves and accepts Proposa.l<br />

No. UE30-13, a copy of which shall be on file in the Office of the <strong>City</strong> <strong>Clerk</strong>, with Envirovac Waste<br />

Transport Systems, Inc. for the removal and beneficial use of up to 135,000 tons of synthetic gypsum for<br />

an eighteen month period in an amount not to exceed One Million Two Hundred Fifteen Thousand Dollars<br />

and No Cents ($1,215,000.00) for the <strong>City</strong> of <strong>Springfield</strong> Office of Public Utilities' Electric Generation<br />

Department.<br />

Section 2. The Mayor and the <strong>City</strong> <strong>Clerk</strong> are hereby authorized and empowered to execute said<br />

Proposal with Envirovac Waste Transport Systems, Inc. on behalf of the <strong>City</strong> of <strong>Springfield</strong> Office of<br />

Public Utilities.<br />

Section 3. The Paym\3nt by the <strong>City</strong> of <strong>Springfield</strong> Office of Budget and Management to<br />

Envirovac Waste Transport Systems, Inc. in the total maximum amount of One Million Two Hundred<br />

Fifteen Thousand Dollars and No Cents ($1,215,000.00) from Account No. 102-200-CABC-7707-1232 is<br />

hereby authorized, approved and directed.<br />

12 446


12 447<br />

No. GF0-207<br />

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A PROPOSAL<br />

WITH BENEFICIAL REUSE MANAGEMENT LLC FOR THE SALE, REMOVAL AND BENEFICIAL USE<br />

OF A MINIMUM OF 50,000 TONS PER YEAR OF SYNTHETIC GYPSUM FOR A FIVE YEAR TERM<br />

PURSUANT TO PROPOSAL NO. UE13-30 FOR THE ELECTRIC GENERATION DEPARTMENT<br />

FOR THE OFFICE OF PUBLIC UTILITIES<br />

WHEREAS, this Ordinance approves and authorizes the execution of a Proposal with Beneficial<br />

Reuse Management LLC ("BRM") for the sale, removal and beneficial use of a minimum of 50,000 tons<br />

per year of synthetic gypsum for a 5 year term for the <strong>City</strong> of <strong>Springfield</strong> Office of Public Utilities' Electric<br />

Generation Department, and<br />

WHEREAS, the primary goal of this program is to beneficially reuse as much synthetic gypsum<br />

as possible, and<br />

WHEREAS, BRM shall, during the first 18 months of the agreement, purchase, remove and<br />

market 50,000 tons of synthetic gypsum for agricultural use, and<br />

WHEREAS, once BRM has established a stable market for said gypsum, the <strong>City</strong> has the option<br />

to increase the tonnage per year, and<br />

and<br />

WHEREAS, BRM will pay the <strong>City</strong> $5.00 per ton if the total annual volume is 50,000 tons or less,<br />

WHEREAS, BRM will pay the <strong>City</strong> $4.00 per ton if the total annual volume is greater than 50,000<br />

tons but less than 100,000 tons, and<br />

WHEREAS, BRM will pay the <strong>City</strong> $2.40 per ton if the total annual volume is greater than 100,000<br />

tons, and<br />

'<br />

WHEREAS, Competitive Sealed Proposals were sought pursuant to Section 38.38 of the Code of<br />

the <strong>City</strong> of <strong>Springfield</strong>, Illinois, for the removal and beneficial use of synthetic gypsum generated at the<br />

utility's Power Plant Complex, and the utility recommends accepting this Proposal with BRM, and<br />

WHEREAS, compliant with the provisions of Section 38.38 of the <strong>City</strong> Code, the Purchasing<br />

Agent has determined that this contract is not subject to sealed competitive bidding, and<br />

WHEREAS, the proposal documents with BRM shall be on file in the Office of the <strong>City</strong> <strong>Clerk</strong> and<br />

identified by Proposal No. UE30-13.<br />

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SPRINGFIELD,<br />

ILLINOIS:<br />

Section 1. The Council of the <strong>City</strong> of <strong>Springfield</strong>, Illinois, hereby approves and accepts Proposal<br />

No. UE30-13, a copy of which shall be on file in the Office of the <strong>City</strong> <strong>Clerk</strong>, with BRM for the sale,<br />

removal and beneficial use of 50,000 tons of synthetic gypsum for an 18 month period, with the option of<br />

the <strong>City</strong> to increase the tonnage after the first 18 months of the agreement.<br />

Section 2. The Mayor ahd the <strong>City</strong> <strong>Clerk</strong> are hereby authorized and empowered to execute said<br />

Proposal with BRM on behalf of the <strong>City</strong> of <strong>Springfield</strong> Office of Public Utilities.<br />

Section 3. The Payment by BRM to the <strong>City</strong> of <strong>Springfield</strong> into Account No. 1 02-100-7707 -cw<br />

63 is hereby authorized, approved and directed.


CONTRACT NAME: Coal Hauling (3-years)<br />

CONTRACT NO: UE13-09-46<br />

DEPARTMENT: Power Generation<br />

DATE: October 25, 2012 -<br />

- "'<br />

-<br />

- -<br />

\ .t<br />

-·<br />

-<br />

Seelman Truck Co. J.Curry Redi-Mix, Inc. Mcleod Express Mcleod Logistics<br />

<strong>Springfield</strong>, IL Rushville, I L Decatur, IL Decatur, IL<br />

%of Tonnage 100% 50% 25% 75%<br />

Cost per Ton $ 2.87 $ 2.75 $ 2.99 $ 3.39<br />

5% Local Vendor Preference $ 0.14 $ o.1s I$ 0.17<br />

Evaluated Cost Per Ton $2.87 $ 2.89 $ 3.141 $ 3.56<br />

Cost per ton/ by-product from Power Plant $ 1.49 $ 1.29 $ 1.49 I $ . 1.49<br />

Cost per ton/ by-product from Ash Pond $ 1.98 $ 1.29 $ 1.69 $ 1.69<br />

*Recommend Award of Bid to Beelman Truck Co. for 100% of Coal Hauling and By-Product Hauling from both locations<br />

Coal Hauling Tonnage (approx 1.2-1.5 million annually); By-product hauling (approx 25-50,000 annually)<br />

-


Date: November 2, 2012<br />

Item Description<br />

Liquid Fenic Sulfate<br />

Total Bid<br />

Quantity<br />

CITY WATER, LIGHT & POWER<br />

WATER PURIFICATION PLANT<br />

Vendor--><br />

3,000,000<br />

Units<br />

lbs.<br />

Bid Tabulations for<br />

Ferric Sulfate<br />

Contract#<br />

Kemira Water Solutions, Inc.<br />

3211 Clinton Parkway Ct.<br />

Unit<br />

Price<br />

$0.0695<br />

Suite 1<br />

Lawrence, KS 66047<br />

Total<br />

Price<br />

$208,500.00<br />

$208,500.00<br />

UW13-10-56<br />

.General Chemical<br />

Performace Product, LLC<br />

Unit<br />

Price<br />

90 East Hasley Road<br />

Parsippany, NJ 07054<br />

$0,1170<br />

, Total<br />

Price<br />

$351,000,00<br />

$351,000,00


AN ORDINANCE AUTHORIZING ADDITIONAL PAYMENT OF $11,915.26 TO<br />

THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, FOR A<br />

TOTAL AMOUNT NOT TO EXCEED $92,915.26 FOR THE AMOS AVENUE<br />

BRIDGE REPLACEMENT PROJECT (MFT SECTION 05-00445-00-BR), FOR THE<br />

OFFICE OF PUBLIC WORKS<br />

WHEREAS, the <strong>City</strong> of <strong>Springfield</strong> is a home rule unit as defined in A1ticle VII, Section 6(a) of the<br />

1970 Illinois Constitution and has jurisdiction over matters pe1taining to its government and affairs; and<br />

WHEREAS, the <strong>City</strong> Council previously passed ordinance number 451-07-06 authorizing a contract<br />

with the State of Illinois, Deprutment ofTranspmtation, for the Amos Avenue Bridge replacement project<br />

(MFT Section 05-00445-00-BR) at an estimated cost to the <strong>City</strong> of $92,11 0.00; and<br />

WHEREAS, the contract binds the <strong>City</strong> to pay a percentage of estimated costs and quantities; and<br />

WHEREAS, the actual costs and quantities exceeded the estimate; and<br />

WHEREAS, the Office ofPublic Works is requesting an additional amount of$11,915.26 for a total<br />

amount not to exce.ed $92,915.26 to pay for actual quantities.<br />

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD, ILLINOIS:<br />

Section 1: That the <strong>City</strong> Council hereby authorizes additional payment of$11,915.26 to the State<br />

ofiilinois, Deprutment ofTranspmtation, for a total not to exceed $92,915.26 for the Amos Avenue Bridge<br />

replacement project (MFT Section 05-00445-00-BR) for the Office of Public Works. The Mayor and <strong>City</strong><br />

<strong>Clerk</strong> are hereby authorized to execute all necessary documents on behalf of the <strong>City</strong>.<br />

Section 2: That the Office ofBudget and Management is hereby authorized to make additional<br />

payment to the State ofiilinois, Department ofTranspmtation, (OSTA 4950) in the amount of$11 ,915.26 for a<br />

total amount not to exceed $92,915.26 from account 041-11 0-GAST-STRS-2307 in accordance with the terms<br />

ofthe Contract.<br />

Section 3: That this ordinance shall become effective immediately upon its passage and<br />

recording by the <strong>City</strong> <strong>Clerk</strong>.<br />

PASSED: ---------' 2012 SIGNED: ----------' 2012<br />

RECORDED: --------' 2012<br />

ATTEST: --------------------<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tumulty<br />

Requested by: Mayor J. Michael Houston<br />

Mayor J. Michael Houston<br />

Approved as to legal sufficiency:<br />

Office of Corporation Counsel I Date<br />

S:\WPDOCS\ORDJNANC\PA YMENT\State of!L $11,915.26 Amos Ave Bridge.doc Tracking No. 8513<br />

12 452


A RESOLUTION NOTIFYING THE STATE OF ILLINOIS DEPARTMENT OF<br />

TRANSPORTATION THAT MOTOR FUEL TAX FUNDS IN THE AMOUNT OF<br />

$106,957.06 MAY BE USED FOR PRELIMINARY ENGINEERING SERVICES<br />

AND REPLACEMENT OF THE AMOS A VENUE BRIDGE, MFT SECTION NO.<br />

05-00445-00-BR, FOR THE OFFICE OF PUBLIC WORKS<br />

WHEREAS, the <strong>City</strong> of <strong>Springfield</strong> is a home rule unit as defined in Article VII, Section 6(a) of<br />

the 1970 Illinois Constitution and has jurisdiction over matters petiaining to its government and affairs;<br />

and<br />

WHEREAS, the <strong>City</strong> anticipates using Motor Fuel Tax funds in the amount of $106,957.06 for<br />

preliminary engineering services and replacement of the Amos Avenue Bridge, MFT Section No. 05-<br />

00445-00-BR; and<br />

funds.<br />

WHEREAS, the <strong>City</strong> is required to notify the State regarding the expenditure of Motor Fuel Tax<br />

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD, ILLINOIS:<br />

Section 1: That improvements will be made to the Amos A venue Bridge under the Illinois<br />

Highway Code.<br />

BR.<br />

Section 2: That the proposed improvement is to be designated as <strong>City</strong> Section 05-00445-00-<br />

Section 3: That the <strong>City</strong> anticipates using $106,957.06 for the improvement of said section<br />

from its allotment of Motor Fuel Tax Funds.<br />

Section 4:· That said work shall be done by contract.<br />

Section 5: That the <strong>City</strong> <strong>Clerk</strong> is hereby directed to transmit two (2) cetiified copies of this<br />

resolution to the Illinois Depaiiment of Transportation, Division of Highways, through its District<br />

Engineer.<br />

Section 6: That this resolution shall become effective immediately upon its passage and<br />

recording by the <strong>City</strong> Cleric.<br />

PASSED: __________ :, 2012 SIGNED: __________ ., 2012<br />

RECORDED: ________ , 2012<br />

ATTEST: _____________ __<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tumulty<br />

\<br />

Mayor J. Michael Houston<br />

Approved as to legal sufficiency:<br />

;;;fr@-<br />

Requested by: Mayor J. Michael Houston Office of Corporation Counsel/Date<br />

S:\WPDOCS\ORDINANC\RES\MFT FUNDS\Notif!DOT Amos Ave Bridge.doc Tracking No. 8514<br />

12 453


AN ORDINANCE AUTHORIZING THE EXECUTION OF CONTRACT NO.<br />

PW13-10-53 FOR THE PURCHASE OF A 2013 CHAMPION C70C MOTOR<br />

GRADER FROM MCALLISTER EQUIPMENT COMPANY IN AN<br />

AMOUNT NOT TO EXCEED $108,838.00 FOR THE OFFICE OF PUBLIC<br />

WORI


Section 4: That tins ordinance shall become effective immediately upon its passage and<br />

recording by the <strong>City</strong> <strong>Clerk</strong>.<br />

PASSED: ---------' 2012 SIGNED: --------' 2012<br />

RECORDED: -------' 2012<br />

ATTEST:<br />

Mayor J. Michael Houston<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tumulty Approved as to legal sufficiency:<br />

Requested by: Mayor J. Michael Houston<br />

Office of Corporation Counsel I Date<br />

S:\WPDOCS\ORDJNANC\LOWBID\PWLOWBID\McAIIister Equip Co. motor grader.doc Tracking No. 8515


EXHIBIT A<br />

CAPITAL EQUIPMENT PURCHASES UNDER THE CAPITAL EQUIPMENT<br />

PROGRAM FOR THE OFFICE OF PUBLIC WORKS<br />

DESCRIPTION<br />

One 2013 Champion C70C Motor Grader<br />

S:\WPDOCS\ORDINANC\LOWBID\PWLOWBID\McAilister Equip Co. motor grader.doc<br />

AMOUNT<br />

$108,838<br />

Tracking No. 8515


AN ORDINANCE TO INCREASE THE NUMBER OF CLASS "D"<br />

LIQUOR LICENSES BY ONE FOR LEAH SCHRENK D/B/A LA CALIA,<br />

115 N. 6TH STREET<br />

WHEREAS, Leah Schrenk has applied for a Class "D" liquor license for the business<br />

known as La Calia located at 115 N. 6 1 h Street; and<br />

WHEREAS, all phases of the application process have been satisfactorily met; and<br />

WHEREAS, it is necessary to control the number of licenses authorized per<br />

classification pursuant to Chapter 90, Section 90.17 of the 1988 <strong>City</strong> of <strong>Springfield</strong> Code of<br />

Ordinances, as amended.<br />

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD; ILLINOIS:<br />

Section 1: That the <strong>City</strong> Council hereby approves an increase in the number of Class<br />

"D" liquor licenses by one.<br />

Section 2: That tlus ordinance shall take effect ilm11ediately upon its passage and<br />

recording by the <strong>City</strong> <strong>Clerk</strong>.<br />

PASSED: ________ , 2012<br />

RECORDED: -------' 2012<br />

ATTEST: ------------------<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tumulty<br />

REQUESTED BY:<br />

Liquor Control Commission<br />

Mayor J. Michael Houston<br />

S:\WPDOCS\ORDINANC\LIQUOR\Class D\Incr La Calia. doc<br />

SIGNED: --------' 2012<br />

Mayor J. Michael Houston<br />

Approved as to legal sufficiency:<br />

I<br />

Office of Corporation Counsel I Date<br />

Tracking No. 8506<br />

12 455


AN ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT WITH<br />

WIECHMANN TOURISM SERVICE GMBH FOR TOURISM/TRADE<br />

REPRESENTATION FROM JANUARY 1, 2013, THROUGH DECEMBER 30, 2013,<br />

FOR THE SPRINGFIELD CONVENTION AND VISITORS BUREAU IN AN AMOUNT<br />

NOT TO EXCEED $75,000.00<br />

12 456<br />

WHEREAS, <strong>Springfield</strong> is a home rule unit as defined in Atiicle VII, Section 6(a) of the 1970 Illinois<br />

Constitution and has jurisdiction over matters petiaining to its government and affairs; and ·<br />

WHEREAS, the <strong>City</strong> Council previously passed ordinance 359-10-12 authorizing acceptance of<br />

International Marketing Grant #13-373004 ("Grant") from the Illinois Department of Commerce and Economic<br />

Oppmiunity ("DCEO"); and<br />

WHEREAS, ct portion of the Grant is to be used for international marketing to include tourism/trade<br />

representation in Germimy; and<br />

WHEREAS, Wiechmann Tourism Service GmbH will provide services to include sales development,<br />

marketing/promotion activities, media placement, in-country trade/consumer shows and consumer/trade<br />

fulfillment; and<br />

and<br />

WHEREAS, DCEO has granted permission to subcontract $75,000.00 fi·om the Grant for this Contract;<br />

WHEREAS, it is in the best interest of the <strong>City</strong> to enter into a contract with Wiechmann Tourism Service<br />

GmbH fi·om Januaty 1, 2013, through December 30, 2013, in an amount not to exceed $75,000.00; and<br />

WHEREAS, a copy of the contract shall be located in the Office of the <strong>City</strong> Cleric.<br />

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD, ILLINOIS:<br />

Section 1: That the <strong>City</strong> Council hereby authorizes execution of a contract with Wiechmann<br />

Tourism Service GmbH for the <strong>Springfield</strong> Convention and Visitors Bureau to provide tourism/trade<br />

representation in Germany from January 1, 2013, through December 30, 2013, in an amount not to exceed<br />

$75,000.00. The Mayor and <strong>City</strong> <strong>Clerk</strong> are hereby authorized and directed to execute any necessary documents on<br />

behalf of the <strong>City</strong> of <strong>Springfield</strong>.<br />

Section 2: That the Office of Budget and Management is hereby authorized to pay Wiechmann<br />

Tourism Service GmbH (OWIE5000) an amount not to exceed $75,000.00 from account number 072-114-VIST­<br />

INTL-1218 in accordance with the terms of the contract.<br />

Section 3:<br />

by the <strong>City</strong> <strong>Clerk</strong>.<br />

PASSED: ---------' 2012<br />

RECORDED: -------' 2012<br />

ATTEST: ---------------­<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tumulty<br />

Requested by: Mayor J. Michael Houston<br />

That this ordinance shall become effective immediately upon its passage and recording<br />

S:\WPDOCS\ORDINANC\CONTRACT\Wiechmann Tour Ser CVB 2013 $75,000.doc<br />

SIGNED: ---------' 2012<br />

Mayor J. Michael Houston<br />

Approved as to legal sufficiency:<br />

Office of Corporation Counsel I Date<br />

Tracking No. 8508


AN ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT<br />

WITH CELLET TRAVEL SERVICES LTD FOR TOURISM/TRADE<br />

REPRESENTATION FROM JANUARY 1, 2013, THROUGH DECEMBER<br />

30, 2013, FOR THE SPRINGFIELD CONVENTION AND VISITORS<br />

BUREAU IN AN AMOUNT NOT TO EXCEED $75,000.00<br />

WHEREAS, <strong>Springfield</strong> is a home rule unit as defined in A.liicle VII, Section 6(a) of the<br />

1970 Illinois Constitution and has jmisdiction over matters pe1iaining to its government and<br />

affairs; and<br />

WHEREAS, the <strong>City</strong> Cotmcil 'previously passed Ord. No. 359-10-12 authorizing<br />

acceptance of International Marketing Grant #13-373004 from the Illinois Depaliment of<br />

Commerce and Economic Oppmiunity (DCEO); and<br />

WHEREAS, a portion of the grallt ftmds is to be used for international mal·keting to<br />

include tourism/trade representation directed toward British consumers; alld<br />

WHEREAS, Cellet Travel Services LTD will provide services to include sales<br />

development, marketing/promotion activities, media placement, in-country trade/consumer<br />

shows alld consumer/trade fulfillment; and<br />

WHEREAS, DCEO has approved the subcontract with Cellet Travel Services LTD; alld<br />

WHEREAS, it is in the best interest of the <strong>City</strong> to enter into a contract with Cellet Travel<br />

Services LTD from January 1, 2013, through December 30, 2013, in all amount not to exceed<br />

$75,000.00; alld<br />

WHEREAS, a copy of the contract shall be located in the Office of the <strong>City</strong> <strong>Clerk</strong>.<br />

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD, ILLINOIS:<br />

Section 1: That the <strong>City</strong> Council hereby authorizes execution of a contract with<br />

Cellet Travel Services LTD for the <strong>Springfield</strong> Convention and Visitors Bmeau to provide<br />

tourism/trade representation to British consumers from Jalmal·y 1, 2013, through December 30,<br />

2013, in all amount not to exceed $75,000.00. The Mayor and <strong>City</strong> <strong>Clerk</strong> are hereby authorized<br />

alld directed to execute any necessary documents on behalf of the <strong>City</strong> of <strong>Springfield</strong>.<br />

Section 2: That the Office of Budget and Management is hereby authorized to pay<br />

Cellet Travel Services LTD (OCEL 2500) all amount not to exceed $75,000.00 from account<br />

number 072-114-VIST-INTL-1218 in accordance with the terms of the contract.<br />

S:\WPDOCS\ORDINANC\CONTRACT\Cellet Travel Ser CVB 2013 $75,000.doc Tracking No. 8509<br />

12 457


Section 3: That this ordinance shall become effective immediately upon its passage<br />

and recording by the <strong>City</strong> <strong>Clerk</strong>.<br />

PASSED: ---------' 2012<br />

RECORDED: ____________ ,2012<br />

ATTEST:<br />

SIGNED: ---------' 2012<br />

Mayor J. Michael Houston<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tumulty Approved as to legal sufficiency:<br />

Requested by: Mayor J. Michael Houston<br />

Office of Corporation Counsel I Date<br />

S:\WPDOCS\ORDINANC\CONTRACT\Cellet Travel Ser CVB 2013 $75,000.doc Tracking No. 8509


A RESOLUTION REQUESTING TEMPORARY CLOSURE OF A PORTION OF<br />

ILLINOIS STATE ROUTES 97 & 125 (JEFFERSON STREET FROM 9TH TO 5TH<br />

STREETS) FOR THE ANNUAL CHRISTMAS PARADE ON DECEMBER 15,<br />

2012<br />

WHEREAS, the <strong>Springfield</strong> Jaycees is sponsoring the Annual Christmas Parade to be held on<br />

Saturday, December 15, 2012, at 3:30p.m. in the <strong>City</strong> of <strong>Springfield</strong>; and<br />

WHEREAS, the parade will stage on Jefferson Street between i 11 and 9th Streets, begin west on<br />

Jefferson Street to 5 111 Street, south on 5 111 Street to Capitol Avenue, east on Capitol Avenue to 6th Street<br />

then nmth on 6 1 h Street to Washington Street; and<br />

WHEREAS, Jefferson Street is a State highway; and<br />

WHEREAS, Section 4-408 of the Illinois Highway Code authorizes the Depmtment of<br />

Transpmtation (IDOT) to issue permits to local authorities to temporarily close pmtions of State<br />

Highways for such public purposes.<br />

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF<br />

SPRINGFIELD, ILLINOIS<br />

Section 1: That permission to close Jefferson Street from 9th to 5 111 Streets on December 15,<br />

2012, be requested of the Illinois Department ofTranspmiation.<br />

Section 2: That this closure is for the public purpose of the Annual Christmas Parade.<br />

Section 3: That traffic :fi·om that closed pmtion of highway shall be detoured over routes<br />

with an all weather surface that can accept the anticipated traffic, which will be maintained to the<br />

satisfaction of the Illinois Depmtment of Transpmiation and which is conspicuously marked for the<br />

benefit of traffic divetied from the State Highway. (The parking of vehicles shall be prohibited on the<br />

detour routes to allow an uninterrupted flow of two-way traffic.)<br />

Section 4: That sponsors of the Annual Christmas Parade assume full responsibility for the<br />

direction, protection and regulation of the traffic during the time the detour is in effect.<br />

Section 5: That police officers, flaggers, and officials shall permit emergency vehicles in<br />

emergency situations to pass through the closed area as swiftly as is safe for all concerned.<br />

Section 6: That all debris shall be removed by the sponsors of the Annual Christmas Parade<br />

prior to reopening the State Highway.<br />

Section 7: That the use of signs, flags, barricades, etc. shall be in accordance with Illinois<br />

Depmiment ofTranspmiation rules and regulations.<br />

Section 8: That the closure and detour shall be marked according to the Illinois Manual on<br />

Uniform Traffic Control Devices.<br />

Section 9: That the sponsors of the Annual Christmas Parade hereby agree to assume all<br />

liabilities and pay all claims for any damage which shall be occasioned by the closing described above.<br />

S:\WPDOCS\ORDINANC\RES\CLOSURE OF ST RD\Christmas Parade 12.doc Tracking No. 8519<br />

12 458


AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT<br />

WITH THE POLICE BENEVOLENT AND PROTECTIVE ASSOCIATION,<br />

UNIT #5, FROM MARCH 1, 2012, THROUGH FEBRUARY 28, 2015<br />

{YJJlJ-- LJul<br />

WHEREAS, the <strong>City</strong> of <strong>Springfield</strong> is a home rule unit as defined in Article VII, Section 6(a) ofthe<br />

1970 Illinois Constitution and has jurisdiction over matters pertaining to its government and affairs; and<br />

WHEREAS, the <strong>City</strong> of <strong>Springfield</strong> has been negotiating with the Police Benevolent and Protective<br />

Association, (PBPA), Unit #5, regarding a collective bargaining agreement for Police Officers of the<br />

<strong>Springfield</strong> Police Department; and<br />

WHEREJ\S, the pa1ties have reached a tentative agreement; and<br />

\<br />

WHEREAS, the Agreement is retroactive to March 1, 2012; and<br />

WHEREAS, it is necessary to execute the Collective Bargaining Agreement, a copy of which shall be<br />

on file in the Office of the <strong>City</strong> <strong>Clerk</strong>.<br />

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF<br />

SPRINGFIELD, ILLINOIS:<br />

Section 1: The <strong>City</strong> Council hereby approves and authorizes execution of the Tentative<br />

Collective Bargaining Agreement with the Police Benevolent and Protective Association (PBPA), Unit #5,<br />

effective from March 1, 2012, through February 28, 2015. The Mayor and <strong>City</strong> <strong>Clerk</strong> are authorized to<br />

execute said Agreement on behalf of the <strong>City</strong> of <strong>Springfield</strong>.<br />

Section 2:<br />

the <strong>City</strong> <strong>Clerk</strong>.<br />

PASSED: ---------' 2012<br />

RECORDED: -------' 2012<br />

ATTEST: --,-------­<br />

<strong>City</strong> <strong>Clerk</strong> Cecilia K. Tumulty -"<br />

Requested by: Mayor J. Michael Houston<br />

This ordinance shall become effective immediately upon its passage and recording by<br />

SIGNED: ________________ ,2012<br />

Mayor J. Michael Houston<br />

Approved as to legal sufficiency:<br />

Office of Corporation Counsel/Date<br />

I 11 lzo/i;...<br />

S:\WPDOCS\ORDINANC\AGREEMNT\LABOR\PBPA#5 SPD 03-01-12 THRU 02-28-15.doc TrackingNo. 8510<br />

2012-461; 11-20-12 cc


TENTATIVE AGREEMENT<br />

BETWEEN<br />

POLICE BENEVOLENT AND PROTECTIVE ASSOCIATION UNIT NO. 5<br />

AND<br />

CITY OF SPRINGFIELD<br />

1) Three year agreement- March 1, 2012 to February 28, 2015<br />

2) 232 bargaining unit employees<br />

3) Across-the Board- Increases<br />

a. March 1, 2012- 3.0%<br />

b. March 1, 2013-2.5%<br />

c. March 1, 2014-2.25%<br />

4) Effective close of business February 28, 2014, the 5% pay spike is eliminated<br />

5) Effective March 1, 2014, longevity payments for employees with 20 and 25 years of service only<br />

will increase by 2%<br />

6) Employees hired on or after July 1, 2012, may only be compensated for a maximum of 400<br />

(previously 1200) hours of accumulated unused sick leave days paid at one-half the officer's<br />

regular straighttime hourly rate at the time of the officer's death or retirement<br />

7) Effective March 1, 2013, officers who have accumulated more than 720 hours of sick leave may<br />

sell back up to 80 hours (previously 48 hours) of sick leave per year at his regular hourly rate<br />

8) Increase the number of compensable hours earned from 125 to 175 due to prior agreement<br />

9) Effective March 1, 2013, sick days covered under FMLA shall be considered when determining<br />

eligibility for bonus days, and no officer who is terminated, dies or retires shall be eligible for<br />

additional compensation in lieu of unused sick leave bonus days<br />

10) Group bonus days eliminated, however, personal bonus days remain.<br />

11) Effective March 1, 2013, officers must utilize non-sick benefit time, if available, the last 6 weeks<br />

of FML maternity/paternity leave, and employees taking intermittent FML leave for any reason<br />

must use sick time (if available) for the first 10 days, and then must utilize other non-sick benefit<br />

time, if available, for intermittent leave after 10 days. If employees have no other non-sick<br />

benefit time available, then employees may utilize any and all sick benefit time so accrued.<br />

12) The current 9 hour officer work schedule added to the contract<br />

13) Officers taking a vacation day will be charged 4 hours for Yz vacation day or 8 hours for 1 day of<br />

vacation taken<br />

14) Non-sworn employee shall be assigned some or all ofthe Towing Officer's duties until such time<br />

as the number of actual sworn Department personnel reaches 265, and at such time a sworn<br />

officer shall resume the Towing Officer duties·<br />

15) Canine Training Officer shall be assigned to Operations Division to allow for more and traditional<br />

officer job duties beyond Canine duties to be assigned when needed by the Department.<br />

16) Expands the length of time a position eligibility list expires from 6 months to 1 year after the<br />

first person from an eligibility list is selected to fill a position<br />

17) Increase layoff recall period from 12 months to 36 months<br />

18) Increase panel of arbitrators from 5 to 7<br />

19) Arbitrator may submit written decision within 90 days (previously 30) of the close of the<br />

arbitration hearing

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