RECE~1V~D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERKSDEC
22
OFFICE
2003
BYRON SANDBERG,
)
STATE OF
ILLiNOIS
Petitioner,
)
Po!!~tionControl Board
vs.
CITY OF KANKAKEE, ILLINOIS, THE CITY) Case No. PCB 04-33
OF KANIKAKEE, ILLINOIS CITY COUNCIL,)
TOWN AND COUNTRY UTiLITIES, INC.,
)
and KANKAKEE REGIONAL LANDFILL,
)
L.L.C.,
)
)
Respondents.
)
WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
)
Petitioner,
)
)
vs.
)
)
Case No. PCB 04-34
THE CITY OF KANKAKEE, ILLINOIS CITY)
COUNCIL, TOWN AND COUNTRY
)
UTILITIES, INC., and KANKAKEE
)
REGIONAL LANDFILL, L.L.C.,
)
)
Respondents.
)
COUNTY OF KANKAKEE, ILLiNOIS and
)
EDWARD D. SMITH, KANKAKEE COUNTY)
STATE’S ATTORNEY,
)
)
Petitioners,
)
)
vs.
)
)
Case No. PCB 04-35
CITY OF KANKAKEE, ILLINOIS, THE CITY)
OF KANKAKEE, ILLINOIS CITY COUNCIL,)
TOWN AND COUNTRY UTILITIES, INC.,
)
arid KANKAKEE REGIONAL LANDFILL,
)
L.L.C.,
)
)
Respondents.
)
70389266v1
827167
NOTICE OF FILING
TO:
All Counsel ofRecord (see attached Service List)
PLEASE TAKE NOTICE that on December 19, 2003, the undersigned filed with the
Illinois Pollution Control Board, 100 West Randolph Street, Chicago, Illinois 60601, an original
and nine copies of the City of Kankakee Ordinance No. 2003-11 as Public Comment in the
above-reference matter, copies ofwhich are attached hereto.
Dated: December 19, 2003
Respectfully Submitted,
On behalf of the COUNTY OF KANKAKEE,
ILLINOIS, and EDWARD D. SMITH,
KANKAKEE COUNTY STATE’S
ATTORNEY,
By: Hinshaw & Culbertson
HINSHAW AND CULBERTSON
100 Park Avenue
P.O.Box 1389
Rockford, IL 61105-1389
815-490-4900
This document utilized 100
recycled paper products
70389266v1 827167
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 of the Illinois Code of Civil
Procedure, hereby under penalty ofperjury under the laws ofthe United States ofAmerica, certifies that
on December 19, 2003, a copy of the foregoing was served upon:
Ms. Dorothy
M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
(312) 814-3620
Attorney George Mueller
501 State Street
Ottawa, IL 61350
(815)433-4705
(815)
433-4913 FAX
Donald J. Moran
Pederson & Houpt
161 N. Clark Street, Suite 3100
Chicago, IL 6060 1-3242
(312) 261-2149
(312) 261-1149 FAX
Kenneth A. Leshen
Leshen & Sliwinski, P.C.
One Dearborn Square, Suite
550
Kankakee, IL 60901-3927
(815) 933-3385
(815) 933-3397 FAX
Christopher W. Bohien
200 E. Court Street, Suite 602
P.O. Box 1787
Kankakee, IL 60901
(815) 939-1133
(815)
939-0994 FAX
L. Patrick Power
956 N. Fifth Avenue
Kankakee, IL 60901
(815)
937-6937
(815)
937-0056 FAX
Byron Sandberg
109
Raub St.
Donovan, IL 60931
byronsandberg~starband.net
70377853v1 827~67
Claire A. Manning
Posegate & Denes, P.C.
111 N. Sixth Street
Springfield, IL 62705
(217) 522-6152
(217) 522-6184 FAX
Mr. Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, 11th Floor
Chicago, IL 60601
(312) 814-8917
(312) 814-3669 FAX
By depositing a copy thereof, enclosed in an envelope in the UPS Overnight Mail at Rockford, Illinois,
before the hour of 5:00 P.M., addressed as above.
HINSHAW & CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
(815) 490-4900
70377853v1 827167
RECEIVED)
CLERR’5 OFF~CE
DEC 222003
STATE OF
ILLINOIS
CITY OF
KANKAKEE, KANKAKEE
COUNTY,
ILLINOISp0jj~~,
Control
0~
Board
ORDINANCE
NO. 2003-
jj
AMENDED
CITY OF KANKAKEE POLLUTION
CONTROL FACILITY SITING
ORDiNANCE
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
KANKAKEE
ON
THIS
3rdDAY OF
~
,
2003
Published in
pamphlet form
by
authority this
3rdday of
March
2003
CITY OF
KANKAKEE
POLLUTION CONTROL
FACILITY SITING ORDINANCE
WHEREAS,
the City of Kankakee has previously adopted Ordinance No. 200
1-65
known as the Pollution Facility Siting Ordinance, and Ordinance No. 2002-24 which adopted
Rules and
Procedures for the Pollution Control Facility Siting, and;
WhEREAS, the City has reviewed the Ordinance and
has determined that
it is in the best
interest to provide a procedure which is more efficient and more expeditious than
that previously
employed in a previous hearing for siting, and;
WHEREAS, it is deemed necessary and desirable for the City of Kankakee City Council
to revise said procedures.
NOW, THEREFORE,
it is ordained by the Mayorand the City Council as follows:
SECTION 1: DEFINITIONS
A.
The “Act” is the Illinois Environmental Protection Act, as amended from time to time
(415 ILCS 5/1 ~
B.
“Applicant” is any person, firm or partnership, association, corporation, company or
organization ofany kind proposing to obtain site location approval and IEPA permits for
a new Pollution Control Facility within Kanicakee’s jurisdiction, and includes the fee
owner ofsuch site, the proposed operator, and any other party with an interest in the site,
such as a lessee, contract purchaser or land trust beneficiary.
C.
Rules and Procedures refer to the “Rules and Procedures
-
Pollution Control Facility
Siting
-
City ofKankakee, IL,” established by the Kankakee City Council pursuant to
Section 8 ofthis Ordinance.
D.
“Board” refers to the Illinois Pollution Control Board.
E.
“City Council” refers to the Kankakee City Council.
F.
A “Hazardous Waste Disposal Site” is a site at which hazardous waste is disposed.
“Hazardous
Waste”
is waste as defmed in the “Act.”
G.
“Hearing Officer” refers to a person appointed by the Kankakee City Council to conduct a
Public Hearing and made Findings ofFact, Conclusions ofLaw and
recommendations to
the Kankakee City Council as provided by this Ordinance, or “Hearing Officer” may refer
to the Mayor and City Council as the context requires if Section 3 applies.
Page2of 12
FT.
“IEPA” refers to the Illinois Environmental Protection Agency.
1.
“PCF” refers to a Pollution Control Facility as defined in the Act. “PCF” includes a new
Pollution Control Facility as defined by the Act.
J.
All other terms used in this Ordinance and defined in the Act shall have the same
definitions and meanings as found in said Act (including, but not limited to those terms
defined in Section 3, thereof (415 ILCS 5/3).
K.
“Kankakee’s Jurisdiction” refers to the jurisdiction granted to a municipality pursuant to
65 ILCS 5/11-15.2.1.
SECTION 2: CITY APPROVAL OF POLLUTION CONTROL FACILITY
No site location approval for the development or construction of a new PCF within Kankakee’s
jurisdiction may be granted by the City Council unless an application is filed for approval of such
site and is submitted for consideration to said City Council.
SECTION 3: POLLUTION CONTROL FACILITY SITING HEARING OFFICER
A.
The City Council may select by a majority vote a Hearing Officer to serve during any
public hearing concerning an application for site location approval. The Hearing Officer
shall serve
at the pleasure of the City Council. Compensation for the services of the
Hearing Officer shall be agreed upon between the Hearing Officer and the City Council
before a hearing. The duties ofthe Hearing Officer shall be as provided for herein and in
the Rules & Procedures. Ifno Hearing Officer is appointed by the City Council the
Council itself shall hear the case for siting and the Mayor shall preside.
B.
All meetings and hearings on the Siting Application shall be at the call ofthe Hearing
Officer or City Council at such time as may be required.
SECTION 4: PROCEDURE FOR FILD~GAN APPLICATION FOR APPROVAL OF A
POLLUTION CONTROL FACILITY
A.
To request siting approval for a new PCF within Kankakee’s jurisdiction, an applicant
must file an application with the City Clerk, with a minimum offive
(5)
copies ofthe
application and the substance ofthe applicant’s proposal showing sufficient details
describing the proposed facility to demonstrate compliance with the Act and Board
regulations, including all site plans, engineering including calculations, exhibits and
maps, and all documents, if any, submitted to the JEPA as ofthe date of filing the
application. At a minimum, the application shall comply with Rules and Procedures.
The form of said application may be obtained from the office ofthe Kankakee City
Manager or from the Kankakee City Clerk.
Page3of 12
B.
In addition to the foregoing, the applicant shall deposit with the City Council at the time
of filing the application for site approval ofa new PCF a filing fee deposit of One
Hundred Thousand Dollars ($100,000.00). Ifthe applicant elects to file an amended
application for site location approval for any PCF in accordance with this Ordinance,
such filing shall be accompanied by payment ofa supplemental fee ofTwenty-Five
Thousand Dollars
($25,000.00).
The applicable filing fee is intended to defray the reasonable and necessary costs of
processing the application, including, but not limited to: costs ofsite inspection, clerical
expenses, copying costs, space rental, hearing officer compensation, court reporter
expenses, transcription costs, public notice expenses, staffreview time, if any, City
Attorney and City consultants (such as qualified professional engineers, planners,
appraisers, environmental counsel, etc.) (Including tests, exhibits, and
testimony, if any,
provided by said consultants), and other relevant costs incident to the consideration ofan
application, the costs incident to preparingthe record for appeal, and the cost of
representing the City on appeal in case of an appeal of a City Council decision (the “City
costs”).
Ifthere are funds remaining in the filing fee deposit after payment ofthe City costs, such
amounts shall be refunded to the applicant upon the fmal resolution ofthe application
process (including appeals to the Illinois Pollution Control Board, Appellate Court,
illinois Supreme Court, Federal Courts, and administrative review in the Courts, if any).
Should the City incur any additional costs in excess ofthe applicable filing fee deposit,
the applicant shall bear any and all such additional costs and shall promptly pay over such
additional amounts to the City upon request or demand. The application must be
accompanied by all site plans, exhibits, maps and documents required by this Ordinance
and by the Rules and Procedures. The date that the applicant files a complete application
in proper form, together with the applicable filing fee deposit, with the City Clerk shall be
considered the official filing date for all time limit purposes. The application is not
effective unless the application is in strict compliance with this Ordinance, the Rules and
Procedures and with the Act. Ifupon review ofthe application within fourteen (14) days
of its submittal it is determinedby the City to be incomplete and not in strict conformance
with the aforesaid, the application is deemed not filed and the filing fee (less City costs
and expenses) shall be returned to the applicant. At any time prior to completion by the
applicant and an opportunity for cross-questioning by the City Council, City
representatives and any participants, the applicantmay file. not more than one amended
application upon payment ofadditional fees pursuant to Section 39.2(k) ofthe Act and
Section 4 (a) (ii) ofthis Ordinance. Provided, however, that the time limitation for final
action set forth in Section 3 9.2(e) ofthe Act and Section 7(b) ofthis Ordinance shall be
extended for an additional period ofninety (90) days.
Page 4 of 12
In the event that a member ofthe City Council desires an individual copy ofsaid
application, the applicant shall pay for such copies as are requested by the individual
members ofthe City Council.
C.
Inthe event a Host Agreement has been entered into between the City and the applicant,
fees and costs will be paid in accordance with the Host Agreement in lieu of(ii) above.
D.
(1)
Upon receipt ofa proper and complete application, and payment ofthe applicable
filing fee deposit, the City Clerk shall date stamp all the copies. The City Clerk
shall establish a procedure to assure that copies may be made and obtained by
filing a request pursuant to the Freedom of Information Act and payment ofthe
actual costs of copying.
(2)
The Mayor ofthe City ofKankakee may retain consultants on behalf ofthe City to
develop a record sufficient to form the basis of an appeal ofthe City Council’s
decision. The consultants and the City agencies shall then commence a study of
the application. The applicant shall cooperate fully with the consultants and
technical staff ofthe City in their review ofthe application, including providing
access to the site for study or testing, including but not limited to geophysical
testing.
E.
A copy ofthe application and all related documents or other materials on file with the
City Council shall be made available for public inspection in the office of the City Clerk.
Members ofthe public shall be allowed to obtain a copy of said application or any part
thereofupon payment ofthe actual cost ofreproduction as outlined in the Illinois
Freedom ofInfonnation Act (5 ILCS 140/1 ~
F.
It is the applicant’s duty to comply with all notice requirements set forth in the Act. The
Applicant shall:
(1)
No later than fourteen (14) days prior to filing an application for site location
approval with the City Clerk, cause written notice ofsuch application to be served
in either person or by registered mail, return receipt requested, on the owners of
all property within the subject area not solely owned by the applicant, and on the
owners ofall property within two hundred fifty
(250)
feet in each direction ofthe
lot line ofthe subject property, said owner being such persons or entities which
appear from the authentic tax records ofthe County; provided that the number of
all feet occupied by public roads, streets, alleys and other public ways shall be
excluded in computing the two hundred fifty
(250) feet requirement; provided
further that in no event shall this requirement exceed fourhundred (400) feet,
including public streets, alleys and other public ways.
Page
5
of 12
(2)
The applicant shall serve
such notice upon each member of the General Assembly
from the legislative district in which the proposed facility is to be located, and this
notice shall also
be
published in a newspaper of general circulation in Kankakee
County.
(3)
The applicant shall state in such notice the name and
address of the applicant, the
location of the proposed site, the nature
and size ofthe development, the nature of
the activity proposed, the probable life ofthe proposed activity, the date when the
request for site
approval will be submitted to the City Clerk, a description ofthe
right ofpersons
to comment
on
such request as hereafter provided, and
any other
information as may
be required by the Rules and Procedures and
the Act.
(4)
The applicant shall include in the application
proofofcompliance with all
prefiling notice requirements.
SECTION
5:
PROCEDURE FOR FILING WRITTEN COMMENTS TO AN
APPLICATION FOR SITE LOCATION APPROVAL FOR A PCF
A.
Any person may
file
written conrments with the City Clerk concerning the
appropriateness of the proposed site for its intended purpose. The Hearing Officer or City
Council shall considerany comments received orpostmarked from the date ofacceptance
ofthe application through and until thirty (30) days after the date ofthe last public
hearing in making his/her fmal determination. Said written comments shall be mailed or
delivered to the Kankakee City Clerk,
385
East Oak Street, Kankakee, Illinois 60901.
Said written comments shall clearly designate reference to the PCF application to which
they refer to ensure
their consideration. Upon receipt, the City Clerk shall date stamp the
comments and refer them to the Hearing Officer or City Council.
B.
The above-mentioned written comments shall become part ofthe record ofthe
proceedings.
SECTION 6:
REARING
ON APPLICATIONS
A.
At least one public hearing shall be held by the Hearing Officer no soonerthan ninety
(90) days but no later than one hundred twenty (120) days from and afterthe receipt of
the application for PCF site location approval.
B.
The applicant shall cause to be published in a newspaper ofgeneral circulation in
Kankakee a notice ofsuch public hearingnot later than fourteen (14) days prior to said
hearing.
Page 6 ofl2
The applicant shall also serve
written notice ofsuch hearing by certified mail, return
receipt
requested, on all members ofthe Illinois General Assembly
from
the district in
which the
proposed site is located, to the governing authority of every municipality
contiguous to the municipality in which the proposed site is to be located,
and
to the
EPA. The applicant shall filewith the City Clerk copies of each notice with proof of
service ofsuch notice prior to the commencement ofsaid public hearing.
C.
The Hearing Officer shall notif~’the applicant in writing ofthe date and location ofthe
public hearing at least twenty-one
(21) days prior to such hearing.
D.
Members orrepresentatives ofthe governing authority ofany municipality contiguous to
the
proposed site may appear at and participate in the public hearing.
E.
The
public hearing shall develop a record sufficient to form the basis ofany appeal.
During the course of the public
hearing before the Hearing Officer, the Hearing Officer
shall receive testimony from the applicant
and witnesses
whom the applicant
may call in
support ofthe application, any City witnesses, any
objectors, and
any other witnesses
having relevant information, and shall recommend approval only if the proposed facility
meets the following criteria (or such amended criteria as may be set forth from time to
time in the Act).
1.
That the facility is necessary to accommodate the waste needs ofthe area that it is
intended to serve; and
2.
Thatthe facility is so designed, located, and proposed to be operated that the
public health, safety and welfare will be protected; and
3.
Thatthe facility is located so asto minimize incompatibility with the character of
the surrounding area and to minimize the effect on the value ofthe surrounding
property; and
4.
(A) for a facility other than
a sanitary landfill or waste disposal site, the facility is
located outside the boundary ofthe 100-year flood plain, or that the site is flood-
proofed; (B) for a facility that is a sanitary landfill orwaste disposal site, the
facility is located outside the boundary ofthe 100-year flood plain, or if the
facility is a facility described in the subsection (b) ofSection 22.1 9a ofthe Illinois
Environmental Protection Act (415 ILCS 5/22.1 9a), the site is flood-proofed.
5.
Thatthe plan ofoperations for the facility is designed to minimize the danger to
the surrounding area from fire, spills, or other operational accidents; and
6.
That traffic patterns to or from the facility are so designed to minimize the impact
on existing traffic flows; and
Page 7of 12
7.
That if the facility will be treating, storing or disposing of hazardous waste, an
emergency response plan exists for the facility which includes notification,
containment and evacuationprocedures to be used in case ofan accident release;
and
8.
That if the County Board has adopted a Solid Waste Management Plan, consistent
with the planning requirements ofThe Local Solid Waste Disposal Act (415 ILCS
10/1 ~ ~q.) or The Solid Waste Planning and Recycling Act (415 ILCS 15/1 ~I
~q.), the facility is consistent with that plan; and
9.
That if the facility will be located within a regulated recharge area, any applicable
requirements specified by the Board of such areas have been met.
The Hearing Officer and the City Council may also consider as evidence the
previous operating experience and past record ofconvictions or admissions of
violations of the applicant (and any subsidiary or parent corporation of the
applicant) in the field ofsolid waste management when considering criteria (s)
and
(5).
The applicant shall affirmatively present evidence fairly showing the
previous operating experience and past record ofconvictions or admissions of
violations ofthe applicant (and any subsidiary or parent corporation ofthe
applicant) in the field ofsolid waste management.
F.
A transcript shall be kept ofall proceedings before the Hearing Officer. The Hearing
Officer shall preside at the public hearing and shall make any decisions concerning the
admission of evidence and the manner in which the hearing is conducted subject to this
Ordinance arid the Rules and Procedures. However, the Hearing Officer shall make all
rulings and decisions in accordance with fundamental fairness. No ruling ofthe Hearing
Officer concerning admissibility of evidence orprocedural issues at the public hearing
shall be appealable to the City Council. Issues ofjurisdiction shall be finally determined
by the City Council.
G.
The applicant for site location approval shall have the burden ofproofand the burden of
going forward with evidence. The testimonial evidence introduced by the applicant may
not exceed the scope of the application except as necessary to explain or clarify the same.
H.
All persons desiring to be participants in the hearing, including members ofthe public,
must submit written notification of said intent to the City Clerk before the first day of the
public hearing or register with the Hearing Officer on the first day ofthe hearing prior to
the commencement ofthe hearing. Any person so appearing at such public hearing shall
have the right to present testimony and witnesses. However, all witnesses must be
disclosed in writing prior to the commencement ofthe hearing. Said disclosures shall
include a summary of the content ofthe expected testimony ofthat witness, the witnesses
Page8of 12
expertise, if any, the witness’ address and telephone number and shall be filed with the
City Clerk.
All persons who register shall have the right to be represented by an attorney at said
public hearing. All persons represented by an attorney shall have the right to have said
attorney cross examine the witnesses. Opportunity to cross-examine any witness may be
reasonably limited in time and duration by the Hearing Officer to assure completion of
the hearings in accordance with the deadlines of the Act orto avoid irrelevant,
burdensome or repetitive questions. The Hearing Officer may
sua sponte
propound
questions to any witness or the applicant in order to clarify the record established by the
participants at the hearing or to bring out relevant information. The City shall be deemed
a participant and a party to all proceedings and shall proceed last with its case and
cross-
examination. Any personnot registering in accordance with this provision shall be
prohibited from participating in the hearing by presenting evidence or cross examining
witnesses. However, any person, whether registered or not, shall be allowedto make a
written or oral public statement as provided herein.
The
applicant and the City’s Council shall be allowed to cross-examine witnesses by
right, subject to such reasonable limitation as may be set by the Hearing Officer. Cross
examination by the City shall not be limited to matters contained in the application.
Parties represented by the attorneys may be allowed to cross-examine in the discretion of
the Hearing Officer. Other persons shall be allowed to submit questions to the Hearing
Officer, who shall exercise discretion in the manner in which such questions are to be
posed to witnesses. Sufficient examination ofwitnesses is to be allowed so as to provide
for fundamental fairness.
J.
All witnesses shall testify under oath. Testimony may include the use ofprepared
statements and exhibits. Iftestimony is by prepared statement, copies ofsuch prepared
statements shall be made available at the hearings (or, prior to the first hearing date, at the
office ofthe City Clerk) at least one day in advance ofsuch testimony being given. All
witnesses shall be subject to reasonable examination as follows: direct, cross-
examination, redirect, and recross.
K.
Public Comment. The Hearing Officer may exercise discretion to allow public comment
at each hearing or may set one time for public comment.
L.
The hearing Officer shall, in the Hearing Officer’s discretion and to the extent reasonably
practicable, permit the City, the Applicant and any party to file Proposed Findings ofFact
and conclusions ofLaw. The Hearing Officer shall draft his or her own Proposed
Findings ofFact and Conclusions oflaw and submit them, and copies ofsuch other
Proposed Findings ofFact and Conclusions of law as may have been filed, to the City
Council.
Page9of 12
M.
The Proposed Findings of Fact ofthe Hearing Officer on the application shall be in
writing, specifying the reason(s) for the same, in accordance with Section 6(e), above.
The Hearing Officer shall submit his/her report to the City Council as soon as practicable,
but in no event earlier
than
the end of the 30-day comment period.
N.
The siting approval procedures and criteria provided for in the Act and in this Ordinance
fornew PCF’s shall be the exclusive siting procedures and rules and
approval procedures.
Local zoning or other local land use requirements shall not be applicable to such siting
decisions. However, to the extent provided by law, the applicant shall also comply with
zoning and
other requirements.
SECTION
7:
DECISIONS
A.
Once the Hearing Officer has made his/her recommendation and reduced it to writing, the
written recommendation shall be submitted to the City Council for its decision as to the
ultimate approval or disapproval ofthe proposed site location. A copy ofthe record of
the public hearing shall also be made available to the City Council as soon as the
transcript becomes available.
B.
The City Council shall make a decision based on the record from the public hearing and
review ofthe recommendation ofthe Hearing Officer. The decision ofthe City Council
shall be by resolution in writing, specifying the reasons forthe decision, such reasons to
be in conformity with Section 39.2(a) ofthe Act. In granting site location approval, the
City Council may impose such conditions as may be reasonable and necessary to
accomplish the purposes ofthe Act to the extent that said conditions are not inconsistent
with the Act and the regulations promulgated by the Illinois Pollution Control Board.
Such decisions shall be available forpublic inspection at the office ofthe City Clerk and
may be copied upon payment ofthe cost of reproduction. Ifthere is no final action by the
City Council within one hundred eighty (180) days afterthe filing ofthe application for
site location approval, the applicant may deem the application approved.
C.
An applicant may not file an application for site location approval which is substantially
the same as a request which was disapproved, pursuant to a finding against the applicant
under any criteria (1) through (9) ofSection 6(e), above, and ofSection 39.2(a) ofthe
Act, within two (2) years.
SECTION 8: SEVERABILITY
The attached Rules and Procedures (Exhibit A) are hereby incorporated into this Ordinance.
If any section, subsection, sentence, clause, phrase or portion ofthis Ordinance orthe Rules and
Procedures is for any reason held invalid or unconstitutional by any court ofcompetent
Page lOof 12
jurisdiction, such portions shall be deemed to be separate, distinct and independent provision and
such holding shall not affect the validity ofthe remaining portions hereto
SECTION 9:
ORDINANCE REPEALED
All previous Ordinances or parts thereofin conflict with the provisions ofthis Ordinance are
hereby repealed insofar as they conflict with this Ordinance.
SECTION 10:
EFFECTIVE DATE
This Ordinance and the attached Rules and Procedures (Exhibit A) shall take effect immediately
upon its passage and approval by the Kankakee City Council as provided by law.
PASSED AND APPROVED this
3rd
day of
March
,
2003
0
Ayes
12
Nays_______
Abstain
p
Absent 2
Attest:
I
Mayor
L~
City C1ei~j
Approved as to
Attorney
Page 11 of 11
