S-798 - 02/28/1995 - LICENSE AGREEMENT - Ordinances ORDINANCE 95-SW-S- 798
ORDINANCE AFFIRMING THE VILLAGE'S
CURRENT DETERMINATION OF SCAVENGER/GARBAGE COLLECTION LICENSES
WHEREAS Section 8-142 of the Code of Ordinances of the Village of
Oak Brook provides in part that the number of scavenger/garbage collection
licenses issued by the Village shall be limited to three (3) in number, but
this limitation may amended from time to time by the President and Board of
Trustees; and
WHEREAS, the Village has contracted with three companies within the
Village, for collection and removal of solid waste within the Village, which
contracts terminate on December 31, 1997, unless sooner terminated for breach
of contractual provisions; and
WHEREAS, the three scavenger/garbage collection companies so engaged at
this time are Lombard Disposal, a Division of Waste Management of Illinois,
Inc.; Rot's Disposal, a Division of Browning-Ferris Industries, Inc.; and
Oak Brook Disposal, Inc. ; and
WHEREAS, during the term of these contracts, the Village licenses the
contractors to provide scavenger/collection services within the Village,
provided that the contractors comply with the requirements of the Village
Code; and
WHEREAS, with notification to this Board, Browning-Ferris Industries of
Illinois, Inc. purchased the stock of Oak Brook Disposal, Inc. ; and
WHEREAS, Browning-Ferris Industries of Illinois, Inc. is a wholly-owned
subsidiary of Browning-Ferris Industries, Inc., and
WHEREAS, the Village is aware of and has considered the fact that Oak
Brook Disposal, Inc. and Rot's Disposal, a Division of Browning-Ferris
Industries, Inc. , are both subsidiaries of related parent entities, but also
that Oak Brook Disposal, Inc. and Browning-Ferris Industries, Inc. remain
separate general business corporations; and
WHEREAS, the three scavenger/garbage collection licensees in the Village
have separate areas of the Village which they service; and
WHEREAS, this Board of Trustees ("this Board") finds that the current
scavenger/garbage collection licensees have provided and continue to provide
efficient service for the Village; and
Ordinance 95-SW-S- 798
Number of
Scavenger/Garbage
Collection Licenses
Page 2
WHEREAS, the Village Code does not require issuance of three
scavenger/garbage collection licenses, but merely limits the number of those
licenses to not more than three; and
WHEREAS, competition is a factor in considering the issuance of a
scavenger/garbage collection license, but the public health and safety of the
citizens of this Village are the paramount concern of this Board; and
WHEREAS, this Board finds that the issuance of further scavenger/garbage
licenses may impair the efficient collection of garbage, refuse and solid
waste within the Village, as additional licensees would likely interfere with
existing routes and may cause confusion for residents and businesses within
the Village; and
WHEREAS, this Board finds that the Village's current method for
disposition of garbage, refuse and solid waste adequately meets the Village's
concerns of competition, public health, welfare and safety; and
WHEREAS, Section 5/11-19-5 of the Illinois Municipal Code being Chapter
65 of the Illinois Compiled Statutes states, in part, as follows:
"5/11-19-5. Method of disposition.
Every city, village or incorporated town may provide such method or
methods as shall be approved by the corporate authorities for the
disposition of garbage, refuse and ashes. Any municipality may
provide by ordinance that such method or methods shall be the
exclusive method or methods for the disposition of garbage, refuse
and ashes to be allowed within that municipality. Such ordinance
may be enacted notwithstanding the fact that competition may be
displaced or that such ordinance may have an anti-competitive
effect. . ."
WHEREAS, given the above findings, this Board finds that it is in the
best interest of the Village not to increase the number of scavenger/garbage
collection licenses at this time.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are
incorporated herein by reference.
Ordinance 95-SW-S- 798
Number of
Scavenger/Garbage
Collection Licenses
Page 3
Section 2: That the Village affirms its earlier decision with respect to
the number and identity of scavenger/garbage collection licenses within the
Village at this time.
Section 3: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 28th day of February, 1995.
Ayes: Trustees Calzaretta, Kenny, McInerney, Payovich and Shumate
Nays: None
Absent: Trustee Bartecki
Abstain: one
, ;fAPPROVED THIS 28th day of February, 1995.
� ft
lage President
ATTEST:
illage C erk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX