Establishing a non-reverting Leaf Collection and Removal Services Operational Fund

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BILL NO. 66-8'9 ORDINANCE NO. 007- 1S AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING A NON-REVERTING LEAF COLLECTION AND REMOVAL SERVICES OPERATIONAL FUND STATEMENT OF PURPOSE AND INTENT In June of 1989, Mayor Joseph E. Kernan presented a proposal to the South Bend Common Council for a program designated "Operation Re-Leaf" -- "an educational program to reuse a valuable resource; an environmental program to relieve pressure on our landfills; and a health program to regain clean, breathable air." The Mayor's proposal came as a response to the long-recognized, competing problems brought about by the layers of dead and dying leaves that blanket South Bend each Fall. On the one hand, the burning of these leaves presents an efficient, manageable method of leaf disposal, especially to those for whom the private collection and bagging of leaves presents an insurmountable problem exacting a health-taxing toll. On the other hand, however, the smoke and other air pollutants created by leaf burning creates an equally serious health hazard to a large segment of the community, both young and old, suffering from respiratory and other ailments. Additionally, the often peculiar atmospheric conditions characteristic of our area can cause the health hazards of leaf burning to become potentially life-threathening. Although suggestions and policies offered in the past as a solution to the leaf collection/burning problem, ranging from restriction on to a total ban of burning, have evidenced an attempt to solve the problem, it has become evident that the only solution to the problem is the institution of a program such as that outlined in "Operation Re-Leaf. " Such a program includes the acquisition, maintenance, operation, upkeep and depreciation of and repair to leaf vacuuming equipment and boxes in which to deposit collected leaves; the provision of the necessary manpower to undertake all facets of the leaf collection program; adequate capital for equipment replacement and upkeep to the extent not provided for through depreciation; and interest charges on any bonds or other obligations. I .C. 36-9-30 provides for the acquisition, operation and maintenance by a municipality of any facilities for the collection and disposal of solid waste and for the collection of revenues for the use and services of those facilities. The following ordinance establishes a non-reverting leaf collection and removal services operational fund for the receipt of service charge revenues assessed and used to fund solid waste collection and removal facilities, to-wit: the leaf collection and removal operations herein contemplated. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, AS FOLLOWS: SECTION I. A Non-Reverting Leaf Removal Services Operational Fund is established to be used for the acquisition of