HomeMy WebLinkAbout2014-02-24 Agenda,
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REGULAR MEETING NOTICE /AGENDA
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER -
SCANLON CONFERENCE ROOM
(The hour between 6; 00 and 7.00 pia is set aside for Executive Session
per 1 -5 -7A of the Villoge of Morton Grove Municipal Code.
Ifthe Agenda does not include an Executive Session, the meeting will begin at 7: 00 p7v
1. Call to Corder
2. Pledge of Allegiance
3. Executive Session (if requested)
4. Reconvene Meeting
5. Pledge of Allegiance
6. Roll Call
7. Approval of Minutes — Regular Meeting of February 10, 2014
8. Special Reports
9. _ Public Hearings
10. Residents' Comments (agenda items only)
d
y F i ri T. Flickinger
1VMrficio
Cen5e,
B
pal
Q Titssl a Avenue e Morton
Grove, Illinois
600 :��n9f e
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e � ,MI60
Fax: (847) 96e 4162
12
13.
14
President's Report —Administration, Northwest Munica�ral Conference, Council ofMayors, Strategic
Plan, Comprehensive Plan
a. Resolution 14 -08 (Introduced February 24, 2014)
Appointing a Director and Alternate Directors to the Solid Waste Agency of Northern Cook
County
b. Resolution 1.4 -09 (Introduced February 24, 2014)
Authorizing the Appointment of Delegates to the Northwest Municipal Conference
c. Resolution 14 -10 (Introduced February 24, 2014)
Authorizing a Contractual Services Agreement with North Star Destination Strategies, Inc. for
Branding and Marketing Services
d. Commission/Board/Committee appointments /reappointments are requested as follows:
New— Social Service Committee
e. Mayoral Update /Review
Clerk's Report — Community Relations Commission
Staff Reports
a. Village Administrator
I ) Miscellaneous Reports and Updates
b. Corporation Counsel
Reports by Trustees
Connie Travis — Chair
Robyn Caplan
Tent' Selzer
Eileen Ilarford
a. Trustee Grear — Fire Department, Emergency Management Agency RED Center, Fire and
Police Commission, Police Department, Police Facility Committee, Chamber of Commerce
(Trustee Wako)
1) Resolution 14 -13 (Introduced February 24, 2014)
Authorizing the Purchase of Three (3) Police Utility Vehicles through the Suburban
Purchasing Cooperative, Contract 9122
b. Trustee Marcus —Advisory Commission on Aging Family and Senior Services Department,
Finance Advisory Commission, Condominium Association (Trustee Toth)
c. Trustee Pietron — Appearance Commission, Building Department, IT Communications,
Community and Economic Development Department, Economic Development Commission
(Trustee Thill)
14. Reports by Trustees (continued)
d. Trustee Thill — Public Works Department, Solid Waste Agency ofNorthern Cook County, Traff c
Safety Commission, Waukegan Road TIP, Lehigh ✓Ferris TIF, Dempster Street Corridor Pion
(Trustee Pietron)
1) Resolution 14-11 (Introduced February 24, 2014)
Authorizing the Execution of a Contract with Arthur Weiler, Inc. for the 2014 Tree
Planting Program
2) Resolution 14 -12 (Introduced February 24, 2014)
Authorizing the Execution of a Land Use License Agreement with the Cook County Forest
Preserve District for the Replacement of 12" and 20" Water Mains Running through Forest
Preserve Property
e. Trustee Toth -- Finance Department, Capital Projects, Environmental Health, Natural Resource
Commission (Trustee Marcus)
1) Ordinance 14 -02 (Introduced February 24, 2014) (First Reading)
Providing for the Issuance of $1,400,000 General Obligation Bonds, Series 2014, of the
Village of Morton Grove, Cook County, Illinois, to fund general municipal improvements
within said Village including but not limited to the acquisition of a fire truck, and
providing for the Levy of a direct annual tax sufficient to pay, the principal of and interest
on said bonds
2) Ordinance 14 -03 (Introduced February 24, 2014) (First Reading)
Authorizing Aggregation of an Electrical Load and the Continuation of an Electric
Aggregation Plan of Operation and Governance
Trustee Witico — Legal, Plan Commission/Zoning Board of.4ppeals, NIPSTA, Strategic Plan
Committee (Trustee Grear)
1) Ordinance 14 -01 (Introduced February 10,, 2014) (Second Reading)
Amending the Unified Development Code, Sections 12 -4 -4 and 12 -4 -3 to allow medical
cannabis dispensing organizations and medical cannabis cultivation centers as special uses
in the M1 and M2 districts, and to allow medical and dental offices /clinics as special uses
in the C: and C2 districts, and above the ground floor in the C/R district
15. Other Business
16. Presentation of Warrants: $559,506.98
17. Residents' Comments
18. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate
19. Adjournment - To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe and /or participate in this meeting or who
have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220)
promptly to allow the Village to make reasonable accommodations.
M,-
.
& Village President Dan DiMaria noted that no Executive Session had been held earlier this
11. evening. He called the meeting to order at 7:00 p.m. and led the assemblage in the Pledge of
Allegiance.
III, Village Clerk
Ed Ramos
called
the roll. Present were: Trustees Bill Grear, She[ Marcus,
John Pietron,
John Thill,
Maria
Toth, and Janine Witko.
IV.
V.
=r
Regarding the Minutes of the January 27, 2014 Regular Board Meeting, Trustee Toth moved,
seconded by Trustee Grear, to accept the Minutes as presented. Motion passed
unanimously via voice vote.
SPECIAL REPORTS
Plan Commissioner Ed Gabriel presented this case in the absence of Plan Commission
Chairman Ron Farkas.
Mr. Gabriel said that the State of Illinois Compassionate Use of Medical Cannabis Pilot
Program Act became effective January 1, 2014. The Act prohibits local governments from
excluding state - licensed Medical Cannabis Dispensing Organizations or Medical Cannabis
Cultivation Centers from their jurisdictions. However, the Act allows local jurisdictions to
establish reasonable zoning regulations for such facilities. The Act mandates that state -
licensed dispensaries and cultivation centers cannot be located in a medical clinic or doctor's
office, and that dispensaries must be at least 1,000 feet from a school and /or day care facility.
Cultivation centers are required to be 2,500 feet from a school and /or day care facility. The
proposed text amendment adds those location restrictions. The Village proposes to allow
Medical Cannabis Dispensing Organizations or Medical Cannabis Cultivation Centers as
special uses in the Village's M1 and M2 manufacturing districts. The Village is also proposing
a text amendment to change medical and dental offices /clinics in the C1, C2, and
CR Commercial Districts from permitted uses to special uses. The special use process
enables the Village an-d the pubs 10-- reuiew- a,proppsal with a greater level of scrutiny.
INinif8s.a"FF.e`bxua "AD „ZD�+IHuarddlAaB_ ”, .
V. SPECIAL REPORTS (continued)
Mr. Gabriel said that the State will review the Medical Cannabis pilot program i1-1 four years
and the Village should mirror this review. If the pilot program is discontinued, the Village will
update the unified development code accordingly.
The Plan
Commission voted unanimously (with
one absent) to recommend
approval of this
case.
VI. PUBLIC HEARINGS
�i
VII. RESIDENTS' COMMENTS (Agenda Items Only)
NONE
VIII, PRESIDENT'S REPORT
1. Presentation to Retiring Police Chief Mark Erickson
a. Mayor DiMaria said Chief Erickson defines a Morton "Grover`, having been born and raised
here, and then serving the Village with 30 years of dedicated service. On behalf of the Board,
staff, and a grateful Village, he presented to Chief Erickson a "key to the city" and a plaq ue
commemorating Mark's years of service —from 1984 to 2014, a commendable record,
especially in law enforcement. In Mark's absence, Deputy Chiefs Norm Stromberg and Brian
Fennelly accepted these tokens of the Village's gratitude.
b. Commander Fennellythanked the Board on Chief Erickson's behalf, noting that he will,
indeed, be a tough act to follow. He was held in high esteem and was an absolute
professional.
2. Mayoral Update
a. Mayor DiMaria congratulated Finance Director Remy Navarrete for receiving the Government
Finance Officers' Association's "Certificate of Achievement for Excellence in Reporting",
specifically for the Village's Comprehensive Financial Report (CFR). The Certificate is the
highest form of recognition in the area of governmental accounting and financial reporting,
and its attainment represents a significant accomplishment by a government and its
management. Mayor DiMaria thanked the staff of the Finance Department and especially
Ms. Navarrete, who is primarily responsible for this compiling the CFR. The GFOA is a non-
profit professional association serving approximately 17,500 financial professionals
o Mayor DiMaria said that it's the dedication and integrity of employees like Mark and Remy that
makes Morton Grove so special and the best town in which to live.
Minotesp0 Februmy10,20T4' nand Neetio�d
VIII. PRESIDENT'S REPORT (continued)
c. Speaking of dedicated employees, Mayor DiMaha again thanked the crews of the Public
Works Department for everything they do. With every storm that has hit Morton Grove, the
residents have seen the plows out again and again, and people are proud to say that Morton
Grove's roads are always the clearest. Mayor DiMaria said he and the rest of the residents
know that this has been a very long winter season for the Public Works crews,.and he
thanked them for their dedication.
X.
Clerk Ramos had no report.
X.
A. Village Administrator:
CLERK'S REPORT
STAFF REPORTS
Village Administrator Ryan Horne had no report
B. Corporation Counsel:
Corporation Counsel Liston had no report.
XI.
A. Trustee Grear:
TRUSTEES' REPORTS
Trustee Grear said that, as liaison to the Fire Department, he wanted to give a shout -out to
the firemen. They, too, have to work outdoors in the frigid temperatures, and they are now
also digging out the Village's fire hydrants — approximately 1,000 of them. Trustee Grear said
that residents should not try to clear hydrants themselves. They should leave some space
around any hydrants near their residence so that the Fire Department has good access to be
able to unbury the hydrants.
B. Trustee Marcus:
Trustee Marcus had no report.
C. Trustee Pietron:
Trustee Pietron had no report.
XI.
` , .. Minutes nfFkbrua 'AU,307A�oar�`MeefiiSYf
TRUSTEES' REPORTS (continued)
Trustee Thill:
Trustee Thill presented Resolution 14 -05, Authorizing the Acceptance of a Material
Proposal from Arrow Road Construction Company for the 2014 Material Purchasing
Program — Asphalt.
He explained that the Village has an annual program, dependent on funding appropriations, to
purchase construction materials, such as asphalt and concrete, to be used to maintain Village
rights -of way and property. These materials are paid for using General, Motor Fuel Tax, and
Enterprise Funds. The use of Motor Fuel Tax Funds is administratively controlled by the State.
It requires contracts for these amounts that must conform to the State's requirements. This
contract was bid through a public process in accordance with the Village's Municipal Code
and OCT requirements.
The estimated contract value is $97,125. Since this is a unit price contract, the final contract
amount will be based on the actual quantity of material purchased.
Trustee Thill moved to approve Resolution 1405, seconded by Trustee Toth.
Motion passed: 6 ayes, 0 nays.
Tr. Grear age Tr. Marcus gave Tr. Pietron aye
Tr. Thill gyre Tr. Toth acre Tr. Witko aye
Next, Trustee Thill brought forward Resolution 14 -06, Authorizing the Acceptance of a
Material Proposal From Ozinga Ready Mix Concrete, Inc. For the 2014 Material
Purchasing Program— Concrete.
Trustee Thill
said
this contract's estimated value
is
$47,500, but since
it is a unit price
contract, the
final
contract amount will be based
on
the actual quantity
of material purchased,
Trustee Thill moved, seconded by Trustee Toth, to approve Resolution 14 -06.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus
Tr. Thill ave Tr. Toth
ave
Tr.
Pietron
ave
ave
Tr.
Witko
ave
Trustee Thill then presented Resolution 14 -07, Authorizing the Execution of a Service
Contract Extension With H &H Electric Company For the 2014 Traffic Signal and Street
Lighting Maintenance Program.
He explained that the Village contracts with an
electrical contractor each year, to assist in the
maintenance of street lighting and traffic control signals within the Village. H &H Electric
performed this work satisfactorily in 2013. The
contract contains provisions allowing it to
be
extended for two years in one -year increments.
Staff is recommending that the contract
be
extended to March 31, 2015. The estimated contract value for routine maintenance is
$24,489.48.
- ANinti'(e5 ofF.eprua ' +IO,�D14B�rdlNeeti `_.
XI. TRUSTEES' REPDRTS (continued)
D. Trustee Thill: (continued)
Trustee Thill moved to approve Resolution 14-07, seconded by Trustee Marcus.
Motion passed: 6 ayes, 0 nays.
Tr. Grear acre Tr. Marcus are Tr. Pietron acre
Tr. Thill aave Tr. Toth a ae Tr. Witko aae
E. Trustee Toth:
Trustee Toth had no formal report, but congratulated Chief Erickson on his retirement. She
said she has known Mark since she first began on the Village's Community Relations Com-
mission, and said two important characteristics of his were his integrity and his passion for his
job, for the Village, and for keeping its residents safe. These characteristics distinguish him
as an outstanding officer. She said, "Mark will be missed."
Trustee Toth reminded residents to recycle, recycle, recycle! She said the Village receives
an incentive from the Solid Waste Agency of Northern Cook County based on the amount of
recycling it does. Since the program's inception to date, the Village has received $170,358.60,
including $5,666.92 for the first half of fiscal 2014.
F. Trustee Witko:
Trustee Witko presented for a first reading Ordinance 14-01, Amending the Unified
Development Code, Sections 12-4.4 and 12 -4 -3 to Allow Medical Cannabis Dispensing
Organizations and Medical Cannabis Cultivation Centers as Special Uses in M1 and M2
Districts, and to Allow Medical and Dental Offices /Clinics as Special Uses in the C1 anc
C2 Districts, and Above the Ground Floor in the C(R District.
Trustee Witko explained that this is pursuant to Plan Commission Case 14 -02, presented ear-
lier this evening by Plan Commissioner Ed Gabriel.
There was no further discussion by the Board on Ordinance 14 -01.
XII. OTHER BUSINESS
NONE
XIII.
Xlv,
Y v.
Minutes of FsMua . 1b,3o74�daM-Meet+n'-
WARRANTS
Trustee Toth presented this evening's Warrant Register in the amount of $ ,283,479.66.
She moved to approve these Warrants, seconded by Trustee T hill.
Motion passed: 6 ayes, 0 nays.
Tr. Grear ay Tr. Marcus aye Tr. Pietron acre
Tr. Thill aye_ Tr. Toth aye Tr. Witko aye
RESIDENTS' COMMENTS
Jim and Agnes Quinn thanked Chief Erickson for the great job he's done. Mr. Quinn said he
is often out of town, and occasionally his wife has to call the police department while he's
gone. Mr. Quinn said he appreciates Mark's helpful attitude and how he imparted that to the
whole department.
ADJOURNMENT /EXECUTIVE SESSION
Trustee Pietron moved to adjourn to the meeting, seconded by Trustee Toth.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus Eye Tr. Pietron aye
Tr. Thiil afire_ Tr. Toth are Tr. Witko aae
The meeting adjourned at 7:17 p.m.
PASSED this 24th day of February, 2014.
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Trill
Trustee Toth
Trustee Witko
APPROVED by me this 24th day of February, 2014.
Daniel
P. DiMaria,
Village
President
Board
of Trustees.
Morton
Grove, Illinois
APPROVED and FILED in my office this 25th day of February, 2014.
Edilberto Ramos, Village Clerk
Village of Morton Grove, Cook County, Illinois
Minutes ay Teresa Cwsar
Legislative Summary
�— Resolution 14 -0$ –
APPOINTING A DIRECTOR AND ALTERNATE DIRECTORS
TO THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY
Introduced:
February 24, 2014
Synopsis:
To authorize representatives to the Solid Waste Agency of Northern Cook
County (SWANCC).
Purpose:
The Village of Morton Grove, as a member of SWANCC is entitled to
appoint a Director to serve on the Agency's Board. The Board of Directors
approves the yearly budget for the Agency, and sets policy for the region's
long term plan to manage the area's garbage.
Background:
SWANCC is a unit of local government and a non - profit corporation which
was formed by 2, municipalities in northern Cook County in 1988. h: 1999.
SWANCC developed a long term plan to manage the region's garbage that is
directed by the SWANCC Board of Directors. Each year the Village
appoints a Director and Alternate Director(s) to SWANCC to represent the
Village's interest. The Village Board has selected Trustee Join Thill as the
Village's Director and "trustee John Pietron, Village Administrator Ryan 1.
Horne, and Assistant to the Village Administrator Peter Falcone as its
Alternate Directors.
Programs, Departments
Administration, Finance, and Public Works Departments
or Groups Affected
Fiscal Impact:
None
Source of Funds:
� N/A
Workload Impact:
Trustee Thill's, Trustee Pietron's, Mr. Horne's, and Mr. Falcon's
appointment to the Board of Directors will be supported by the Finance
Department, and Director of Public Works as part of their normal work load.
Administrator
Approval as presented
Recommendation:
First Reading:
Not Required
Special Considerations or
i
None
Requirements:
I
Prepared and RespectfulU."
1
APPOIN'T'ING A DIRECTOR AND ALTERNATE DIRECTOR
TO THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY
WHEREAS, the Village of Morton Grove (Village), located in Cook Comity, Illinois, is ahome rule
unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can
exercise any power and perform any function pertaining to its government affairs, including but not limited
to the power to tax and incur debt; and
WHEREAS, the Solid Waste Agency ofNorthern Cook County (SWANCC) is a unit of local
government and a non - profit corporation which was formed by 23 municipalities in northern Cook County
in 1988; and
WHEREAS, in 1999 SWANCC developed a long term plan to manage the region's garbage that is
overseen by the SWANCC Board of Directors; and
WHEREAS, the SWANCC Board of Directors is comprised of representatives of member
communities including Morton Grove which are appointed by each community on a yearly basis; and
WHEREAS, the President and Board of Trustees of the Village of Morton Grove wish to appoint
Trustee John Thill as the Village's Director on the SWANCC Board of Directors, and appoint Trustee John
Pietron, Village Administrator Ryan J. Horne, and Assistant to the Village Administrator Peter Falcone as
its Alternate Directors.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: The Village of Morton Grove as a member of the Solid Waste Agency of Northern
Cook County and, pursuant to the SWANCC Agreement establishing the Solid Waste Agency of Northern
Cook County, is entitled to appoint a Director and one or more Alternate Director(s) to the Board of
Directors of SWANCC.
SECTION 3' The President and Board of Trustees appoint Trustee John Thill as the Village's
Director on the Board of Directors of S WANCC and appoints Trustee John Pietron, Village Administrator
Ryan J. Horne, and Assistant to the Village Administrator Peter Falcone as its Alternate Directors, in each
case for a term expiring December 31, 2014, or until his /her successor is appointed.
SECT7'O ^ Mars P es l�ution s�aal1 be in full force and effect from and after its adoption
10'\ .�
PASSED THIS 24`° day of February 2014.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Marcus
Pietron
Thill
Toth
Witko
APPROVED BY ME THIS 24`h day of February 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office this
25`1' day of February 2014.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
LeLyislative Summary
Resolution 14 -09
— AUTHORIZING THE APPOINTMENT OF DELEGATES
TO THE NORTHWEST MUNICIPAL CONFERENCE
Introduced:
February 24, 2014
Synopsis:
To authorize the appointment of a delegate and alternate delegate(s) to the
Northwest Municipal Conference (NWMC.
Purpose:
NWMC requires the appointment of a delegate and alternate(s) to the
NWMC Board.
Background:
The Village is a member of the Northwest Municipal Conference (INTIVNIC.
The Mayor is the delegate and if he is unable to attend and represent the
Village on NWMC Board matters, alternate delegates are needed to represent
the Village. This resolution designates the Village Administrator, the .
Assistant to the Village Administrator, and a selected Village Trustee as the
alternate delegate(s).
Programs, Departments
Administration and Legislation Departments.
or Groups Affected
Fiscal Impact:
I Not applicable.
Source of Funds:
Not applicable.
i
Workload Impact:
Participation in the NWMC is performed as part of normal work activities.
Administrator
j Approval as presented.
Recommendation:
First Reading:
i
Not required.
i
Special Considerations or
None.
Requirements:
i
Arepared.by apd Respectfully Submitted:
__ Teresa 1loffinaDfL, f I Corporation Counsel
� y
AUTHORIZING THE APPOINTMENTS OF DELEGATES
TO THE NORTHWEST MUNICIPAL CONFERENCE
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit
of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any
power and perform any function pertaining to its government affairs, including but not limited to the power to tax
and incur debt; and
WHEREAS, the Village of Morton Grove adopted the contract and by -taws of the Northwest Municipal
Conference by ordinance and thereby became a member; and
WHEREAS, said participation at the monthly Northwest Municipal Conference Board meetings allows
for one voting delegate to vote on behalf of the municipality which shall be the Mayor. In the absence of Mayor
Daniel P. DiMaria, the Village Administrator, Assistant to the Village Administrator and/or a designated Village
Trustee may cast a vote for the municipality.
NOW, THEREFORE, BE IT RESOLVED by the Village of Morton Grove, Illinois that Ryan J. Horne,
Village Administrator, Assistant to the Village Administrator Peter Falcone, and Trustee Bill Grear are hereby
appointed to represent the Village of Morton Grove on the Board of the Northwest Municipal Conference
commencing on February 24, 2014.
BE IT FURTHER RESOLVED that Ryan J. Horne, Village Administrator, Peter Falcone, Assistant to the
Village Administrator , and/or Trustee Bill Grear of the Village of Morton Grove are hereby selected as alternative
delegates to serve if Mayor Daniel P. DiMaria is unable to cany out his aforesaid duties as the delegate of the
Village oi' Morton Grove to the Northwest Municipal Conference Board.
ADOPTED by the Board of Trustees of the Village of Morton Grove, Illinois on this 24'h day of'
February 2014.
PASSED THIS
24"
day
of February
2014.
Trustee Great
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Witko
_ _
APPROVED by me this 24' day of February 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
this 25'�' day of February 2014.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legisiative Summary
Resolution 14 -10 — —�
AUTHORIZING A CONTRACTUAL SERVICES AGREEMENT WITH NORTH STAR
DESTINATION STRATEGIES, INC. FOR BRkNDING AND MARKETING SERVICES
Introduced:
February 24, 2014
Synopsis:
This Resolution will allow for the employment of North Star Destination Strategies, Inc,
to provide consultation services for the establishment of an identity or brand for the
Village to market itself internally and externally.
Purpose:
To provide community research- strategy development, and implementation services for
t'ne Village in order to create an identity - driven brand and logo strategy for business
development civic pride, and community engagement.
Background:
The Village of Morton Grove in January 2014 developed a Request for Qualifications/
Proposals (RFP /Q) for community branding and identity services. The Village received
responses /proposals from five companies. An ad hoc review committee was assembled to
evaluate the proposals on the quality of their solution, the conformity to the project
requirements, their cost structure, and their staffing selection. Furthermore, reference
communities were contacted to gain additional familiarity and discuss .service experiences.
After subsequent presentations and group reviews, the evaluation team is recommending
North Star Destination Strategies, Inc. as the best qualified consultant vendor. The
evaluation team is confident North Star's municipal experience and specialized expertise
will provide the most capabilities for the Village in developing a comrnunit} branding
strategy and enhancing the Village's identity both internally and externally.
Programs, Departments
Administration and Legal Departments
or Groups Affected
Fiscal Impact:
An approximate cost of $7 8,000 which may be adjusted based on the final scope of
services negotiated and agreed upon.
Source of Funds:
li Economic Development Fund Professional Services Account 161074- 552110
Workload Impact:
i Coordination of the services will be handled as part of staff's overall workload.
Admin Recommend:
Approval
First Reading:
I
N/A
Special Considerations or
1 None
Requirements:
Respectfully sobmitted: rVljAl� IF H'C ^y'"`
_ ✓Ryan J _borne, Village Administrator
r 7
Prepaae,d b5;_
Teresa f r a� t 1 br ms
AUTHORIZING A CONTRACTUAL, SERVICES AGREEMENT
WITH NORTH STAR DESTINATION STRATEGIES, INC.
FOR MORTON GROVE STRATEGIC PLAN
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt;, and
WHEREAS, the in 2013 pursuant to Resolution 13 -51 the Village Board initiated a strategic
planning process to define the Village's goals, strategies and direction over the next one to five years,
and provides a framework for the allocation of its resources for both fiscal and staff, in order to pursue
the goals established in this strategy; and
WHEREAS, while the strategic planning process is ongoing, focus groups conducted with
stakeholders in the Village, have repeatedly voiced concerns the Village needs to establish an identity
or brand to market itself both internally and externally; and
WHEREAS, the Village recently sought Requests for Qualifications (RFQ1P) to highly
qualified marketing and branding firms, and several firms subsequently submitted qualifications and
proposals to the Village; and
WHEREAS, a review of all the qualifications and proposals, and further investigations and
interviews have resulted in the selection of North Star Destination Strategies, Inc. ( "North Star" 209
Danyacrest Drive Nashville, Tennessee 372 14) as the best qualified Marketing and Branding
Consultant for the Village; and
WHEREAS, North Star's proposal includes research to determine how Morton Grove is
perceived, education on the importance of community branding, the development of a Morton Grove
logo (brand) and tagline, and preparation of a 6 -36 month strategy and communication plan; and
WHEREAS, the Village President and Board of Trustees deems it to be in the best interest of
the Village to employ the services of North Star to provide branding and marketing services consistent
with their proposal; and
WHEREAS, North Star's proposal includes a contract price of seventy -eight thousand dollars
(578,000), which may be adjusted based on the final scope of services negotiated and agreed upon by
the parties.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENTAND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into
this
Resolution
as though
fully
set forth therein thereby
making
the findings as
hereinabove
set
forth.
SECTION 2: The Village Administrator andlor his designee are hereby authorized to negotiate
and execute a contractual agreement with North
Star Destination Strategies,
Inc.
for marketing and
branding services consistent with their proposal
to the Village dated January
22,
2014, for a fee not to
exceed seventy eight thousand dollars ($78,000)
plus expenses.
SECTION 3: The Village Administrator and /or his designee are hereby authorized to take all
steps necessary to implement said contract.
SECTION 4: This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 24"' day of February 2014,
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Marcus
Pietron
Thill
Toth
Witko
APPROVED by me this 24 "' day of February 2014
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
This 25"' day of February 2014
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Surnmary
�— Resolution 14 -13
AUTHORIZING THE PURCHASE OF THREE (3) POLICE UTILITY VEHICLES THROUGH THE
SUBURBAN PURCHASING COOPERATIVE, CONTRACT 9122
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
Respectfully submitted:
Prepared by:
February 24, 2014
To authorize the Corporate Authorities to approve the purchase of three (3)
police utility vehicles from Currie Motors Fleet in Frankfort, Illinois. Currie
Motors was awarded by the Suburban Purchasing Cooperative the contract to
sell 2014 Ford Utility Police Interceptor vehicles. Purchasing squad vehicles
from the Suburban Purchasing Cooperative allows municipalities to bypass
formal bid procedures.
To replace high mileage vehicles currently being utilized in the Police
Department due to age and declining reliability.
Every 3 years, high mileage squad vehicles are replaced to insure key
equipment utilized by the Village's police officers does not fail during their
normal course of duty. The squad vehicles are utilized 24 hours -a -day and
need to be in excellent condition at all times.
Police Department, Public Works Vehicle Maintenance
A total $80,553.00 for three (3) police utility vehicles.
023014 - 572030
The ordering and changing over of the vehicles will be coordinated by the
Public Works Vehicle Maintenance Department.
Approval as presented.
Not Required
None
Horne, Village Administrator
i-
- Revvlowed bs
_
'- i el'l's x HOffiLi2.2 � �C?II�,�COi'pO
atloll �D'UI15er��
--
AUTHORIZING THE PURCHASE OF THREE (3) POLICE UTILITY VEHICLES
THROUGH THE SUBURBAN PURCHASING COOPERATIVE BID PROGRAM
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home
mule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois.
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, the Village Board has authorized the acquisition of Police Squad Vehicles in the
Calendar Year 2014 Budget, and
WHEREAS, the Calendar Year 2014 Budget incorporates a line item to purchase the police utility
vehicles; and
WHEREAS, the Suburban Purchasing Cooperative recently extended their bid contract providing
for the purchase of police utility vehicles from Currie Motors Fleet in Frankfort, Illinois for the 2014 Ford
Utility Police Interceptor AWD at a unit price of $26,851.00; and
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOT{ COUNTY, ILLINOIS AS
FOLLOWS:
SECTION l: The Village President and Board of Trustees hereby authorizes the purchase of three
(3) Model Year 2014 Ford Utility Police Interceptors AWD from Currie Motors Fleet per the terms and
conditions of the Suburban Purchasing Cooperative bid, Contract # 122, at a total cost of $80,553.00.
SECTION 2: The Village Administrator and Director of Finance are hereby directed to authorize
the issuance of a purchase order to place the police utility squad vehicle on order.
SECTION 3: That this Resolution shall be in full force and effect from and after its adoption.
PASSED this 24 "' day of February 2014.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Marcus
Pietron
Thill
Toth
Witko
APPROVED by me this 24"' day of February 2014.
Daniel P. DiNlaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
25s' day of February 2014.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
S 1 A 1
Y {^pn
' % I
Contract'
CZ!f-rie N/lo -ors Fleet
42wr foil -Line :'v(unici rtl I1"Ll1e
GOOD 11 IM OrcLa Uuto`', (cirtatMv ' txii 2014
i o u
LJ
3.7 TI -VCT V6 FFV
6 -Speed Automatic
Rear recovery hooks
Independent front /rear suspension
Engine Gil Cooler
18.6 gallon fuel tank
Engine Hour Meter
220 Amp Generator
78 Amp Hour Battery
Lower black body side cladding
Dual Exhaust
Black spoiler
Electric Power Assist Steering
Acoustic laminated windshield
18" Tires and Wheels
Fixed glass lift gate
Full Size Spare
AM/FM/CD
Roll curtain airbag
Safety Canopy W /Roll Over
Sensor
Anti -Lock Brakes With Advanced
Trac and traction control
Bi functional projector headlamps
LED tail lamps
2 °6/3`d Row Privacy Glass
My Ford police cluster
All -Wheel Drive
Manual folding power mirror
Fold flat 60/40 rear vinyl bench
Single zone manual Climate
Control
Power Windows
Power Locks
Cruise Control /Tilt Wheel
Calibrated Speedometer
Column Shift
Work Task Light red /white
Simple fleet key
Power Adjustable Pedals
Two -Way Radio Pre -Wire
Particulate air filter
Power Pig tail
Delivery Within 30 Miles
Standard Warranty,
Basic: 3 Years/ 36,000 Miles
Drivetrain: 5 Years /100,000 Miles
Corrosion: 5 Years/ Unlimited
Miles
Emissions: 8 Years /80,000 Miles
Roadside Assistance:
5Years /60,000 Mile
m
Optional ErpaiBsmec t:
1_1
CD -Rom service manual
$295-0-0
LI
Delivery over 30 miles
$125.00
• (2) Male 4 -pin connectors for siren
❑ l
License and Title fees MP plates
i $220.00
❑
❑
1 Police Wire Harness Connector Kit - Front
$125.00
For connectivity to Ford PI Package solutions includes:
• (2) Male 4 -pin connectors for siren
f
• (5) Female 4 -pin connectors for lighting/siren /speaker
• (1) 4 -pin IP connector for speakers
• (1) 4 -pin IP connector for siren controller connectivity
• (1) 8 -pin sealed connector
• (1) 14- in IP connector
❑_
Police Wire Harness eonnectar Kit -Rear
$150.00
For connectivity to Ford PI Package solutions includes:
i
• (1) 2 -pin connector for rear lighting
• (1) 2 -pin connector
• (6) Female 4 -pin connectors
• (6) Male 4 -pin connectors
• I) 10- in connector
olice Interior Upgrade Package -6511
$390.00
ote: See upfitters guide for further info
i
cludes: Cloth rear seats, Floor mats front & rear, I" row and
T
"d row carpet floor covering, Full floor console with unique
office finish panels (not available with 67G 67H 67❑
❑
Front Headlamp Lighting Solution -66A
$877.00
Includes: Two front integrated LED Iights for Wig -Wag
simulation -does not include controller - requires grill lamp
,
wiring
❑
Front Headlamp Housing Only -86P
$120.00
�❑
Pre- drilled side marker holes (does not include lights)
rail Lamp Lighting Solution -66B
$392.00
Includes two rear integrated LED lights (in tail lamps does not
include controller
Rear Lighting Solution -66C
$437.00
Includes two backlit flashing LED lights (mounted to inside lift
gate glass), two lift gate flashing LED lights (not available with
Police Interceptor package 67H)
Lj
Ultimate Wiring Package
$540.00
Includes the following:
• Rear console mounting plate (85R)- contours through 2 "a
row; channel for wiring
• Pre - wiring for grille LED lights, siren and speaker (60A)
i
• Wiring harness I/P to rear (overlay)
• (2) light cables - supports up to (6) LED lights (engine
compartment /grille)
• (2) 50 -amp battery and ground circuits in RH rear - quarter
• (1) 1 0 -am siren/speaker circuit engine cargo area
Optional T K Warranty Coverage:
• Rear hatch cargo area wiring- supports up to (6) rear LED
$1,035.00
lights
5 -Year 60,000 miles *NEW PRICING
Recommend police wire harness connector kits 47C & 21 P
❑
Cargo Wiring Upfit Package -67G $1,139.00
• Rear Console Mounting Plate- !
5- ear 100,000 miles
• Wiring overlay harness w /lighting & siren interface
❑
connections
• Vehicle engine harness: 2 -light connectors, 2 -grill
75,000 miles, 5000 mile interval
light connectors, 2 -50 amp battery ground circuits
❑
in power junction box, 2 -10 amp sire /speaker i
circuit
100.000 miles, 5000 mile interval
Whelen lighting PCCBR control head j
❑
• Whelen PCCBR Light Relay Center
Whelen specific cable connects PCCBR to control
125.000 miles, 5000 mile interval
head
• Pre- wiring for grill lights siren and speaker
(not available with 65U 67H and 67U
El
Ready for the Road Package -67th $3.102.00
All -in Complete Package - Includes Police Interceptor
Packages 66A 66B 66C plus
• Whelen Cencom light controller
• Whelen Cencom relay center /siren amp with traffic
advisor
• Light controller /relay Cencom wiring
• Grille LED Lights
• 100 Watt: Siren/Speaker
• (9)1/O digital Serial Cable (console to cargo)
• Hidden door lock plunger & rear door handles inoperable
• Rear console mounting plate
(not available with 66A 66B 66C 67G 67U
Optional T K Warranty Coverage:
ESP Extended Warranty Extra Care
$1,035.00
5 -Year 60,000 miles *NEW PRICING
❑
ESP Extended Warranty Base Care
5- ear 100,000 miles
$1.710.00
❑
ESP Limited Maintenance Plan
75,000 miles, 5000 mile interval
$754.00
❑
ESP Limited Maintenance Plan
100.000 miles, 5000 mile interval
5882.00
❑
ESP Limited Maintenance Plan
($1,163.00
125.000 miles, 5000 mile interval
ESP Limited Maintenance Plan
150.000 miles, 5000 mile interval
51,269.00
Options— Exterior
Options — Interior
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Agency Name & Address
C.C➢nlac[. Name
Phone Number
Purchase Order Number
Toth Doflar Amount
T ota@ Number of Units
�e:s €:ate .��t�iress
Nease Submit P.O, & Cax exempt tether l'tfla Vehh!kl Oncaea':
CClirrie molrars.
,44.,3 W Lincoln Hiv_r
Fmnkfort, IL 011423
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C'r!rrrci LecY�a. n naaib cn�aa
Caumct Person: Tom Sullivan
III V L HA V I � -11SS DAN OF i IONI PI.E - SL C:ON I Acl 0;( k 0"1 IC r' .
COMP.I,TL I IN I4 IN S'1 OCK YOR IMhAIlLDI Ail; DELIVERY, CAN RE VI .A\ FD
Legislative ,Summary
— — Resolution 14 -11 --
AUTHORIZING THE EXECUTION OF A CONTRACT --
WITH ARTHUR WEILER, INC. FOR THE 2014 TREE PLANTING PROGRAM
Introduced:
February 24, 2014
Synopsis:
To authorize the Village President to execute a contract with Arthur Weiler,
Inc. for the 2014 Tree Planting Program.
Purpose:
To purchase and install trees within the Village.
i
Background:
I The Village has an annual program, dependent on funding appropriations, to
plant trees within the Village right -of -way and property. The Public Works
Department considers it to be cost - effective to hire a contractor to furnish
I and install the trees. This contract was bid through a public process in
aecotdarce with the Village Code. T' he contract was advertised and scaled
bids were received. The bid tabulation is attached as Exhibit "A ".
i
Programs, Departments
i Public Works.
or Groups Affected
i
Fiscal Impact:
The estimated contract value is $16,900.00. Since this is a unit price
contract, the final contract amount will be based on the actual quantity of
work performed.
Source of Funds:
Account 4025017-552240-Tree Replacement
Workload Impact:
The Public Works Department as part of their normal work activities
performs the management and implementation of the program.
Administrator
i
Approval as presented.
Recommendation:
i
First Reading:
N/A
Special Considerations or
None
Requirements:
Respectfully submitted:
Ryan j. Horne, Village Administrator
,>
Prepared by l Rev
Chris Tomich, Village Engineer -
Revie)Aed by: y
Andy DeMonte, Director Public Works
Bill *F �
AUTHORIZATION TO EXECUTE A CONTRACT WITH ARTHUR WEILER, INC.
FOR THE 2014 'TREE PLANTING PROGRAM
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt-, and
WHEREAS, the 2014 Tree Planting Program is necessary to purchase and install trees in the
Village; and
WHEREAS, the Public Works Department advertised on the Village's website beginning
February 5, 2014, inviting bids on the "2014 Tree Planting Program"; and
WHEREAS, twenty -four (24) contractors obtained the bidding materials; and
WHEREAS, nine bids were received, publicly opened and read at the Public Works Facility at
10:00 a.m. on Tuesday, February 18, 2014, with the tabulation of bids included in Exhibit "A"; and
WHEREAS, funding for the above work is included in the Village of Morton Grove 2014 Budget
as account number 025017 - 552240 -Tree Replacement; and
WHEREAS, Arthur Weiler, Inc., the low bidder, has successfully completed this contract for the
Village in the past; and
WHEREAS, the qualifications and availability of the low bidder have been verified.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
Section 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the findings as hereinabove set
forth.
Section 2. The Village President of the Village of Morton Grove is hereby authorized to execute
and the Village Clerk to attest to a contract with Arthur Weiler, Inc., 12247 West Russell Road, Zion,
Illinois, based upon their bid for the "2014 Tree Planting Program" in the amount of $16,900.00.
Section 3. The Village Administrator and the Director of Public Works and/or their designees
are authorized to take all steps necessary to implement, supervise, and manage this contract.
Sent ora 4� This Rpsolutibn a bt�irl €fti l force and,,paffect upon its passagee and approval.
PASSED THIS 24" DAY OF FEBRUARY 2014
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Marcus
Pietron
Thill
Toth
Witko
APPROVED BY ME THIS 24`t' DAY OF FEBRUARY 2014
Daniel P. DiMaria, Village President
Village of Morton Grove
Cools County, Illinois
ATTESTED and FILED in my office
This 25`h DAY OF February 2014
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
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Resolution 14 -12
AUTHORIZING THE EXECUTION OF A LAND USE LICENSE AGREEMENT WITH THE COOK
COUNTY FOREST PRESERVE DISTRICT FOR THE REPLACEMENT OF 12 -INCH AND 20 -INCH
WATER MAINS RUNNING THROUGH THE FOREST PRESERVE DISTRICT PROPERTY
Introduced:
February 24, 2014
Synopsis:
To authorize the Village President to execute a Laud Use License Agreement
with the Forest Preserve District of Crook County for replacement of 1,215
lineal feet of 12 inch and 20 inch water main running through District property.
Purpose:
In order to facilitate the construction of the new water mains from Caldwell
Avenue east through the Miami Woods, across the North Branch of the
Chicago River to the parking area in Saint Paul Woods, a new Land Use
License Agreement must be executed with the Cook County Forest Preserve
District.
Background:
For some time now, Public Works has been in dire need to replace the 12 inch
and 20 inch water mains running through Forest Preserve District property and
under the North Branch of the Chicago River. These water mains feed the
r entire east side of the Village.
Programs, Departments
Water Department, Fire Department, Village Residents
or Groups Affected
Fiscal Impact:
The amount of the agreement is $147,140.22
Source of Funds:
Enterprise Funds
Workload Impact:
The execution of this agreement is performed by the Village President.
Administrator
Approval as presented.
Recommendation:
Second Reading:
Not required
Special Considerations or
None
Requirements:
r
Respectfully submitted:] — Reviewed by: ?i <�
Rya Horne, Village Administrator And onte, Director of Pubic Works
Prepared by: •���!.�` _ ,�, �- - --.._ Reviewed by:
Joe Dahm, Assistant Director of Public Works Teresa Hoffman Liston; Corporat i cQun
r��a�Yr
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule
unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois. can
exercise any power and perform any function pertaining to its government affairs, including but not limited
to the power to tax and incur debt; and
WHEREAS, 1,215 lineal feet of existing 12 -inch and 1,215 lineal feet of 20-inch water main nnnnine
from Caldwell Avenue east through Miami Woods, across the North Branch of the Chicago River, to the
parking area in Saint Paul Woods is in dire need of replacement; and
WHEREAS, a new Land Use License Agreement (Exhibit A) is required by the Forest Preserve
District of Cook County in order to facilitate the construction of the new water mains next to the existing
water mains ; and
WHEREAS, the Forest Preserve District of Cook County shall charge the Village of Morton Grove a
onetime fee (paragraph 3) in the amount of $67,731.82 for the tern of the license which shall be continuous
as described in Exhibit A; and
WHEREAS, the Village of Morton Grove shall provide the Forest Preserve District of Cook County
with a Tree Mitigation Report ( paragraph 22, Exhibit A) which identified.' 3 trees valued at $79,408.40 that
will need to be removed as part of the project; and
WHEREAS, the Village of Morton Grove shall pay the Forest Preserve District the amount of
$79,408.40 for the 33 trees to be removed, and trees whose drip line falls within the designated work area
that could be found to be dead or seriously damaged for aperiod of five (5) years from the completion of the
work activities; and
WHEREAS, on February 18, 2014, at a regularly scheduled meeting at the Cook County Building,
i18 North Clark Street, in Chicago, Illinois, the Cook County Board approved License Number 1729
allowing the Village of Morton Grove to construct, operate and maintain 1,215 lineal feet of 12 inch and
1,215 lineal feet of 20 inch water main from Caldwell Avenue east through Miami Woods, across the North
Branch of the Chicago River, to the parking area in St. Paul Woods; and
WHEREAS, it shall now be required to execute the Cook County Land Use License Number 1729.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF ,'UOZTv }N &ROVE. COOK =CO -LNTim A ---0�
Section "1. The Crrrp� rat 4utir r rtr s ac>, 7reb �. nwrporate'the foregmnj \h t clauses into
this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
Section 2. The Village President of the Village of Morton Grove is hereby authorized to execute and
the Village Cleric to attest to a Land Use License Agreement with the Forest Preserve District of Cook
County which authorizes the construction of a new 12 inch and 20 inch water main by the Village of Morton
Grove through District property with a onetime up -front fee of $67,731.82, along with the tree mitigation fee
of $79,408.40 for a total amount of $147,1.40.22.
Section 3. That this Resolution shall be in full force and effect upon its passage and approval.
PASSED this 24`h day of February 2014.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Great
Marcus
Diction
Thill
Toth
Witko
APPROVED by me this 24`x' day of February 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 25`h day of February 2014.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
EXHIBIT A License No, 1739
LICENSE
ISSUED BY
FOREST PRESERVE DISTRICT
OF COOK COUNTY, ILLINOIS
536 N. Harlem Avenue
River Forest, Illinois 60305
The Forest Preserve District of Cook County (hereinafter tine "District") hereby grants to
The Village of Morton Grove
(Licensee)
Address 6401 Carlo Tina Ave Morton Grove fi 60053
Authority to locate, operate and maintain a. 12 -inch watermain and a 20 -inch. atcrmain
(hereutnter refened to as the
1. Upon; across, through, or under the following described real estate and accordung . tc the plans Included inerewitl'i, and
prosislons contained herein.
1,215 linear feet from Caldwell Avenue, t(rrough Miami R'eods, across the North Branch o`the Chicago
Rivet, to the parking area in St. Paul Woods,
17Fernn: The term for this license will be continuous, subject to the provisions of paragraph6 and 7.
?:Fee. A onetime UP-front Fee a`S67,731.82 will be charged forthe ter
In 0 ffhis license.
-4.Nn Esfaht in Land This instrument creates a License only and Licensee does not hold and shall het claim many time
.any interest or estate of any kind or extent whatsoever in the District's property by virtue o' €this License or the. Licensee`s
use of the Districts property. In tine event that for any year or partial year following issuance of the License, the - taxing
authorities. of Cook County assess any general real estate taxes against the District, the Licensee or any other party pursuant
to the License, including but nor limited to any assessment pursuant to 35 ILCS 200/15.60 and. 200/9 -195, Licensee shall
protect, defend, and hold the District harmless from any and all such tax liability and the Licensee shall be responsible for
the payment of such taxes when first due and owing and before any Penalty attaches..
,..Plans, The plans and manner of execution or operation shall meet the approval of and be done to the satisfaction of the
General Superintendent of the District or his authorized represemative.
6AIlaintenance - Removal fine Facilities shall be maintained by the Licensee at his sole: expense. To the extent the
Disuiel determines that the facilities must be remove -d or relocated for opwaaonal purposes, such Facilities, except when
installed for a fixed period of time Ill terms of existing ordinance, or by the Hoard of Forest Preserve District
Commissioners, are to be relocated or removed by said Licensee, at the sole cost and expense of said I,iceasee, upon not
less than ninety (90) days written notice to @he Lcenset of his last known address. In addition, upon expiration of this
License, unless timely renewed. Licensee may.. at the District's election, be required to remove the facilities and restore the
premises as nearly ns reasonably possible to the condition existing prior to such removal. Upon failure of the Licensee to
properly maintain said Facilities, or failure to relocate or remove the same upon due notice as aforesaid,. the District shall
have the right to cause the same to be done, and it is understand and agreed the said Licensee shall reimburse the District
lbr cost or expense of such maintenance, relocation, or removal.
rV
TPerin its. The issuance of this License by the District in no way, relieves the Licensee from the obligation to apply for and
receive, before the commencement or any wet it, all other licenses or permits required by any Federal, State, or local agency
for tile construction, operation, and maintenance oftite Facilities.
S.Tree Trinnninr, Other Alterations It is further agreed that no trees, shrubs of forest growth shall be cut; tritmned 01
removed nor shall any building or utilities of the District be disturbed without the permission of the General Superintendent
of the District or his authorized representative.
9.1ndemnifeation The Licensee hereby indemnifies -and agrees to hold harmless and defend the District, its
Commissioners, officers, agents, servants and employees from and against . any loss, claim, damage or claim for damages,
and liabilities. including reasonable attorney='s fees, for injuries to all persons and damage to or theft, misappropriation or
loss of property occurring in or about the Facilities or District property= arising out of the issuance of the License, the
Licensee's use Or occupancy of tine Facilities or from any activity, work orthingdone, permitted or suffered by the Licensee
in or about the Facilities, including any release of any substance front the Facilities and acv violation of environmental or
other regulations, or from any breach or default on the part of the Licensee in the performance of any provision of this
License or due to any other act or omission of the Licensee or any of its agents, contractors, invitees or employees.
1.O.Secnrity During Construction Alf Licensees herein other than (1) Public Utility Companies, (2) the Chy a' Chicago,
(3) rte State of Illinois, (4) the Federal Government, (5) the County of Cook, Illinois, (6) the ivletrhpoInan Water
Reclmnation. District of Greater Chicago, (7) a Del) armacm of the: foregoing. or (6) another tin it oflocaI government shall in
accordance with Section 6 -1 -land 6 -1 -3 of the Official Code of the Forest Preserve District (tike 'Code) deposit a Certifteei
or a. Cashier's C heck; drawn to the order of the said District mike amount of N/A (S)tobe
held as a guaranty that all the conditions and provisions prescribed herein with respect to restoration of the premises to their
former condition after construction shall be complied with, All such Licensees shall also fbinish the District with a
CERTIFICATE OF INSURANCE prepared by said Licensee's liability insurance carrier_ satisfactory to said District and
covering construction operations. In the event dre INSURANCE is deemed unsatisfactory by the District, the License,, shall
upon request furnish the District with a SURETY BOND in accordance with Section 6 -1 -3 of the District Code in the
amount of N/A (S) (When amount is rnnitted Insurance Certificate is accepted and
Surety Bond: is not required).
I I:Bhndine by Independent Contractor. It is further, understood that if the Licensee herein elects to construct, operate,
or maintain the Facilities Cnnroucgh the services of an independent contractor, then the Licensee shall require die said
independent contractor to deposit with the District a Certified or Cashie @s Check all as heninbefone outlined under
Provision 10 in me, amount of $75000 (S) acid shall furnish the District with a CERTIFICATE
Of INSURANCE prepared by said Independent Connaetorls liability insurance easier, satisfactory to said District and
covering construction operations.
12.1itsurmice; 1WIi¢imum CoyeraHe Licensee or its Independent Contractorat its sole cost arid expense Shall purchase
and maintain in full force and effect during construction the following minimum insurance coverage.: (1) comprehensive
general public liability insurance (mcluding contractual liability insurance covering Licensee's indemnification obiigarions
hereunder) in an amount not less than S1000.000.00 per occurrence for bodily injury or death and 51,000,000.00 for
property damage; comprehensive automobile liability insurance in the same amounts as the comprehensive general public
liability coverage; and worker's compensation insurance and employer's liability insurance with limits of not less than
S500.000.00. All such policies of insurance (except worker's compensation) shall name
the Forest Preserve District of Gook'
County, its commissioners officers, agents, and employees as additional insureds and shall provide that the District shall be
notified ten (10) days prior fo any change or cancellation of the policy,
13.Construction Operations. All construction operations, vehicle movements and material storage shall take place within
the width required for construction. If temporary fencing is required all operations shall take . place within said fenced area.
All surplus excavated material, . trees or stumps removed, and any other debris resulting from construction shall be disposed
of off of District property. All ditches shall be restored back to their original contours. Underground utilities to be crossed
or paralleled shall he located by the owner of the facility upon request of the contractor. Contractor shall give 49 hours
notice prior to construction to facility owners. Contractor at his expense shall expose by hand any underground facility to
be crossed prior to the use of any machinery. In tile case of trenching, all trenches will be baekfilled acid mcclhamcolly
compacted before topsoil is placed over trench.
14.7femnora -v Fencing Temporary fencing shall be installed along the perimeter of the designated work area prior to the
commencement of any construction operations. All fencing shall be maintained in place throughout construction and shall
be repaired as needed by the licensee or its independent contractor. All fencing is to r anainin place until after restoration
has been completed, After acceptance of restoration by the Disnictall temporary fencing shall be removed from the site and
disposed of off District property at the sole expense of the licensee or its independent contractor,
15.N3anhole Covers All manhole covers insuillod on Forest Preserve District property shall be of a type that either bolt
down or incorporate some type of locking device. All manhole covers shall beset flush with the final grace.
16 Restoration ,81Wer Construction In all areas proposed: to be disturbed bq construction excavation operations, topsoil
shall be excavated first, keeping segregated from subsoil for return to its original profile in both wetland and upland areas,
In deep soils (more than twelve (121 inches of topsoil;, segregate at least twelve (12) inches . in soils with less than twelve
(12) inches of topsoil nake every effort to se ,regale: fee entire topsoil. layer. Excavated materials will be stockpiled adjacent
to excavations find returned to original or designated surface contofus upon completion of construction activities and then
cultivated. Fine graded, seeded and mulched as directed by tile District, The seeding and mulching proportions and amounts
shall be per the Drsurot "s requirements. Sooting shall take place only between Scptembei 30 and February 15th except
when authorized otherwise by the District in wrifing. Deliver seed tags to the Planning and Development Department it the
FPD General Headquarters in River Forest, Illinois. All materiels mast meet the .approval of the District's Landscape
.Architect. In all wetland areas where equipment. teats are proposed to be used to protect the wetlands, Licensee will remove
equipment mats at the conclusion of construction and inspect file area for additional restoration iemifiemems. Further
restoration necessary if any, will be determined: as a result of consultanonwith the District and permitting agency (Chicago
District Corp of Engineers).
17.Nntntions on Plans All notations, as indicated on the plan marked Exhibit ^A ", are part ofthis License.
19 License not Assignable. This License is not assignable or transferable without prior written consent of the District.
Any such assignment made without prior written consent shall be null and void and shall have no force or effect and shelf
entitle the District 10 terminate this License.
19:Prior Notice. Licensee shall give fortycight(43) hours prior notice to the General Superintendent of the District, or
his authorized representative, before shirting any of the afioresa�id work
20 .Effective Date This License shall become effective only when all requirements of Section 10 and 1.1, when applicable,
are compiled with by The. Licensee and this License has been fully executed and delivered to Licensee.
21.Landscal2e Contractor. The Licensee of its independent contractor shall retain a Landscape Contractor, approved by
the District: to perform free plaming, all fine grading, seeding work, and mulching as required in Provision No. 16 of this
License. The work shalt be done under the supervision of the Forest Preserve District in tite proper season for such work
22.Tree Mitigation. . Licensee acknowledges that thirty -three (33) trees will be renoved from District property . as pan of
this project. As compensation for the reuroval of said trees. Licensee shall pay the District the sum of'S74.408.40 For bile
removal of said trees. The tree mitigation payment shall be, paid in addition to the license fee set forth in provision 3 of this
license. Licensee further agu'ees to pay additional compensation per the approved Tree Mitigation. Plan for any Currently live
and healthy trees w at
hose drip line falls within the work area and are found to bedead or seriously damaged here
period of five (5) years -from the completion of work activities.
23.North Branch Trait Restoration.. Licensee shall restore any and all parts of the existing Borth Branch Trail used or
.accessed €or construction or any other purpose in connection: with. this License to the original plans and specifications for
the trail as directed by the District.
246istriet Use The District shall have the right to tap into the ware mains granted by this license for its use at 110 charge
to ttae District. Should the District tap into the 1,215 linear feet of water main from Caldwell Avenue through Miami
Woods, across the Chicago River, to fire parking area in Sr. Paul Woods, the Licensee agrees to supply the District from
said mains with 1,000,000 cations of water annually free of charge.. Any water used above and beyond the initial 1,000,000
gallons shall be paid for by the District at 50% of the normal rate for such usage.. This free and reduced rate water shall not
include water supplied to Hilly Casper County Goff, Linne Woods or any other location outside of this license area.
License accepted this 24fl .day of February 1014
Name of Licensee The Village oFMorton Grove
Address 6101 Cinnlina Ave Morton Groves tL60053
ATTEST:
By
Daniel P. Di,Maria, Village President
RECOMMENDED:
(I)
Licensed Surveyor for Land Use Compliance
(2)
Director of Resource Management
j>1
Director of Planning and Devatopmem
(4)
Chief Attorney
}Ed Ramos, Village Clerk
(T iflej
PiECOJMMENDED. fat signature by President on this
date,
Gcncal Superintendent
?0
IN WITNESS WHEREOF the said Forest Preserve District of Cook Count),, Illinois has caused its namc to be signed to
these presents by its President and attested by its Secretary with its Corporate Se affixed this
day of ?p
FOREST PRESERVE DISTRICT OF COOK COUNTY, ILLINOIS
(HEAL)
ATTEST:
By
Toni Preoicwinkle -. President
B_a
Matthew B. DeLeon - Secretary
0 0 0
0
0 0 0
4
Le2istative Summary
Ordinance 14 -02
PROVIDING FOR THE ISSUANCE OF 51,400,000 GENERAL OBLIGATION BONDS, SERIES 2044,
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, TO FUND GENERAL
MUNICIPAL IMPROVEMENTS WITHIN SAID VILLAGE INCLUDING, BUT NOT LIMITED TO,
THE ACQUISITION OF A FIRE TRUCK, AND PROVIDING FOR THE LEVY OF A DIRECT
ANNUAL TAX SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS
Introduced:
Objective:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
Februar31 24, 2014
To provide a cost effective revenue source to finance large equipment purchases.
The issuance of these tax
exempt
bonds will allow the Village to
fund municipa`
improvements within the
Village
and the purchase of operational
and capital equipment,
including afire truck, necessary for
safe and efficient service.
The Village Administrator and Finance Director have researched the most favorable
financing arrangements for this purchase and have determined the Village issue tax
exempt General Obligation Installment Bonds in the amount of $1,400,000. Staff
recommends the Corporate Authorities issue tax exempt bonds for municipal
improvements within the Village, including the acquisition of a fire truck. This ordinance
will also allow the Village to reimburse itself for costs incurred for issuing said bonds.
The attached document has been prepared by Chapman and Cutler, the Village's Special
Bond Counsel and passage of this Bond Ordinance is necessary for the issuance of the
bonds.
Finance and Legal Departments
Not applicable
The Village Administrator's office, Finance Department, Corporation Counsel, along with
the Village's bond consultant and bond counsel will manage and oversee this work.
Approval as presented.
Required
None
i
i
t
Respectfully submitted: 7^4
Ryan J. Corne, Village Administrator
Reviewed by:
Teresa Hoffman Liston, Corporation Counsel
Detail out purchases
ORDINANCE NUMBER 14 -02
AN ORDINANCE providing for the issuance of 51,400,000
General Obligation Bonds, Series 2014, of the Village of
Morton Grove, Cook County, Illinois, to fund general
municipal improvements within said Village including, but not
limited to, the acquisition of a fire truck, and providing for the
levy of a direct annual tax sufficient to pay the principal of and
interest on said bonds.
Adopted by the President and Board
of Trustees on the 10"' day of March
2014.
Published in Pamphlet Form by
Authority of the President and Board
of Trustees on the 10 °' day of March
2014.
TABLE OF CONTENTS
SECTION
HEADING
PAGE
PREAMBLES........................................................................................................
..............................1
SECTION
i.
DEFINITIONS..... .........
...................... .....................................................
SECTION
2.
INCORPORATION OF PREAMBLES ......................_................... ..............................3
SECTION
3.
DETERMINATION TO ISSUE BONDS .........................................
..............................3
SECTION
4.
BOND DETAILS ....................................................................... ..............................4
SECTION
5.
EXECUTION; AUTHENTICATION ...................._........................ ..............................5
SECTION
6.
REGISTRATION AND EXCHANGE OR TRANSFER OF BONDS; PERSONS
TREATED AS OWNERS .................................................... ..............................5
SECTION
T
GLOBAL BOOK -ENTRY SYSTEM ............................................. ..............................7
SECTIONS.
FORM OF BOND ....................................................... ............... .. ......................
......9
SECTION9.
TAX . LEVY ............................................................................. .............................15
SECTION
10.
FILING WITH COONIT CLERK .......................................... . ........... . ......................
17
SECTION11.
SALE OF BONDS ..................................................................... .............................17
SECTION
1:2.
CREATION OF FUNDS AND APPROPRIATIONS ........................ ..............................1
S
SECTION
13.
NON - ARBITRAGE AND TAX - EXEMPTION ............................... .............................19
SECTION
14.
LIST OF BONDHOLDERS ......................................................... .............................39
SECTION
15.
RIGHTS AND DUTIES OF BOND REGISTRAR AND PAYING AGENT ........................39
SECTION
16.
CONTINUINGDISCLOSUREUNDERTAKING ............ .............. ...............................
40
SECTION
17.
RECORD- KEEPING POLICY AND POST- ISSUANCE COMPLIANCE
MATTERS ............................... _...................................... .............................40
SECTION
18.
SEVERABILITY ............................... ...... ............... ................................................
44
SECTION19.
REPEALER ............................. ................. ............................................ ................
44
SECTION
20,
EFFECTIVE DATE ................................................................... .............................45
ORDINANCE NUMBER 14 -02
AN ORDINANCE providing for the issuance of $1,400,000
General Obligation Bonds, Series 2014, of the Village of
Morton Grove, Cook County, Illinois, to fund general
municipal improvements within said Village including, but not
limited to, the acquisition of a fire truck, and providing for the
levy of a direct annual tax sufficient to pay the principal of and
interest on said bonds.
".PREAMBLES" \L 4 WHEREAS by virtue of a referendum duly called, noticed and held on
March 18, 1480, and pursuant to the provisions of Section 6 of Article VII of the Constitution of
the State of Illinois, the Village. of Morton Grove, Cook County, Illinois (the "Pillage "), is a
home rule unit and may exercise any power or perform any function pertaining to its govermnent
and affairs including, but not limited to, the power to tax and to incur debt; and
WHEREAS pursuant to the provisions of said Section 6, the Village has the power to incur
debt payable from ad valorem property tax receipts or from any other lawful source and maturing
within fore (40) years from the time it is incurred without prior referendum approval; and
WHEREAS the President and Board of Trustees of the Village (the `Board ") has
considered the needs of the Village and has heretofore determined and does hereby determine it
is advisable, necessary and in the best interests of the Village to fund general municipal
improvements within the Village including, but not limited to, the acquisition of a fire truck, and
to pay bond issuance costs (the "Pr°oject "); and
WHEREAS the estimated cost to the Village of the Project, including costs of issuance for
the hereinafter defined Bonds, is the sum of $1,400,000 plus any estimated available amount of
interest earnings on said sum prior to its expenditure; and
WHEREAS there are insufficient funds on hand and available to pay the costs of the
Project, and
it is necessary for that purpose a
sum to pay
such costs be
borrowed at
this time,
and
in evidence
of such indebtedness, general
obligation
bonds of the
Village be
issued in
the
w
F ,,
principal amount of $1,400,000, and such indebtedness be incurred in accordance with the Act as
hereinafter defined, and without submitting the question of incurring such indebtedness to the
electors of the Village for their approval; and
WHEREAS the Board does hereby determine it is advisable and in the best interests of the
Village to borrow $1,400000 at this time pursuant to the Act for the purpose of paying the costs
of the Project and, in evidence of such borrowing, to issue its full faith and credit bonds in the
principal amount of $1,400,000:
Now THEREFORE Be It Ordained by the President and Board of Trustees of the Village of
Morton Grove, Cook County, Illinois, in the exercise of its home rule powers, as follows:
Section 1. Definitions "Section 1. Definitions" \1 1 . In addition to such other words
and terms used and defined in this Ordinance, the following words and terms used in this
Ordinance shall have the following meanings, unless, in either case, the context or use clearly
indicates another or different meaning is intended:
Act" means, collectively, the Illinois Municipal Code, as supplemented and amended,
and the home rule powers of the Village under Section 6 of Article VII of the Illinois
Constitution of 1970; in the event of conflict between the provisions of said code and home rule
powers, the home rule powers shall be deemed to supersede the provisions of said code.
"Board" means the President and Board of Trustees of the Village.
"Bond" or `Bonds" means one or more, as applicable, of the $1,400,000 General
Obligation Bonds, Series 2014, authorized to be issued by this Ordinance.
"Bond Fund" means the Bond Fund established and defined in Section 12 of this
Ordinance.
"Bond Register" means the books of the Village kept by the Bond Registrar to evidence
the registration
and
transfer
of the
Bonds.
"Code" means the Internal Revenue Code of 1486, as amended.
"CounoJ Clerk" means the County. Clerk of Cook County, Illinois.
"Ordinance" means this Ordinance, numbered as set forth on the title page hereof, and
passed by the Board on the 10th day of March 2014.
"Pledged Taxes" means the taxes levied on the taxable property within the Village to pay
the principal of and interest on the Bonds as provided in Section 4 hereof.
"Project" means the Village capital expenditures as described and defined as such in the
preambles to this Ordinance.
"village" means the Village of Morton Grove,, Cook County, Illinois.
Section Z. Incorporation of Preambles "Section 2. Incorporation of Preambles"
\1 1 . The Board hereby finds all of the recitals contained in the preambles to this Ordinance are
true, correct and complete and does incorporate them into this Ordinance by this reference.
Section 3. Determination io Issue Bonds "Section 3. Determination to Issue
Bonds" \I I It is necessary and in the best interests of the Village to undertake the Project, to
pay all related costs and expenses incidental thereto, and to borrow money and issue the Bonds
for such purposes. It is hereby found and detennined such borrowing of money is necessary for
the welfare of the government and affairs of the Village, is for a proper public purpose or
purposes and is in the public interest, and is authorized pursuant to the Act; and these findings
and determinations shall be deemed conclusive.
71 1
Section 4. Bond Details. "Stion 4. Bond Details" \1 1 For the purpose of providing for
such costs, there shall be issued and sold the Bonds in the principal amount of $1,400,000. The
Bonds shall be designated "General Obligation Bonds, Series 2014"; be dated
2014 (the `Dated Date "); and shall also bear the date of authentication thereof. The Bonds shall
be in fully registered form, shall be in denominations of $5,000 or integral multiples thereof (but
no single Bond shall represent principal maturing on more than one date), shall be numbered
consecutively in such fashion as shall be determined by the Bond Registrar, and shall become
due and payable serially (without option of prior redemption) on December 15 of the years and
in the amounts and bearing interest at the rates per annum as follows:
YEAR 'sAmouNT RATE
2019 $ %u
0020 %
2023} %
Each Bond shall bear interest from the later of its Dated Date as herein provided or from
the most recent interest payment date to which interest has been paid or duly provided for, until
the principal amount of such Bond is paid or duly provided for, such interest (computed upon the
basis of a 360 -day year of twelve 30 -day months) being payable on Jtme 15 and December I5 of
each year, commencing on December 15, 2014. Interest on each Bond shall be paid by check or
draft of the Paying Agent, payable upon presentation thereof in lawful money of the United
States of America, to the person in whose name such Bond is registered at the close of business
on the applicable Record Date (the "Record Date"), and mailed to the registered owner of the
Bond as shown in the Bond Register or at such other address furnished in writing by such
Registered Owner. The Record Date shall be the 1 st day of the month of any regular interest
payment date. The principal of the Bonds shall be payable in lawful money of the United States
of America upon
presentation
thereof at
the
principal
corporate
trust
office
of the
Paying Agent.
Section S. F'xecutaon;uthentica ne on "Section 5. Execut o Authentication" \1
The Bonds shall be executed on behalf of the Village by the manual or facsimile signature of its
President and attested by the manual or facsimile signature of its Village Clerk, as they may
determine, and shall have impressed or imprinted thereon the corporate seal or facsimile thereof
of the Village. In case any such officer whose signature shall appear on any Bond shall cease to
be such officer before the delivery of such Bond, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had remained in office until delivery. All
Bonds shall have thereon a certificate of authentication, substantially in the form hereinafter set
forth, duly executed by the Bond Registrar as authenticating agent of the Village and showing
the data of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to
any security or benefit under this Ordinance unless and until such certificate of authentication
shall have been duly executed by the Bond Registrar by manual signature, and such certificate of
authentication upon any such Bond shall be conclusive evidence that such Bond has been
authenticated and delivered under this Ordinance. The certificate of authentication on any Bond
shall be deemed to have been executed by it if signed by an authorized officer of the Bond
Registrar, but it shall not be necessary that the same officer sign the certificate of authentication
on all of the Bonds issued hereunder.
Section 6. Registration and Exchange or Transfer of Bonds, Persons Treated as
Owners "Section 6. Registration and Exchange or Transfer of Bonds; Persons Treated as
Owners" \I 1 . The Village shall cause books for the registration and for the transfer of the
Bonds as provided in this Ordinance to be kept at the principal corporate trust office of the Bond
Registrar, which is hereby constituted and appointed the registrar of the Village for the Bonds.
The Village is authorized to prepare, and the Bond Registrar or such other agent as the Village
may designate shall keep custody of, multiple Bond blanks executed by the Village for use in the
transfer and exchange of Bonds
Any Bond may be transferred or exchanged, but only in the manner, subject to the
limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for
transfer or exchange of any Bond at the principal corporate trust office of the Bond Registrar,
duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange
in form satisfactory to the Bond Registrar and duly executed by the registered owner or an
attorney for such owner duly authorized in writing, the Village shall execute and the Bond
Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in the
case of an exchange, the registered owner, a new fully registered Bond or Bonds of like tenor; of
the same maturity, bearing the same interest rate, of authorized denominations, for a like
aggregate principal amount.
The Bond Registrar shall not be required to transfer or exchange any Bond during the
period from the close of business on the Record Date for an interest payment to the opening of
business on such interest payment date.
The execution by the Village of any fully registered Bond shall constitute full and due
authorization of such Bond, and the Bond Registrar- shall thereby be authorized to authenticate,
date and deliver such Bond; provided however, that the principal anount of Bonds of each
maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized
principal amount of Bonds for such maturity less the amount of such Bonds which have been
paid.
The person in whose name any Bond shall be registered shall be deemed and regarded as
the absolute owner thereof for all purposes, and payment of the principal of or interest on any
Bond shall be made only to or upon the order of the registered owner thereof or his legal
representative. All such payments shall be valid and effectual to satisfy and discharge the
liability upon such Bond to the extent of the sum or sums so paid.
No service charge shall be made for any transfer or exchange of Bonds, but the Village or
the Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge that may be imposed in connection with any transfer or exchange of Bonds.
Section 7. Global Book -Entry bystem "Section 7. Global Book -Entry System" \I 1 .
The Bonds shall be initially issued in the form of a separate single fully registered Bond for each
of the maturities of the Bonds determined as described in Section 4 hereof. Upon initial
issuance, the ownership of each such Bond shall be registered in the Bond Register in the name
of Cede & Co., or any successor thereto ( "Cede "), as nominee of The Depository Trust
Company, New York, New York, and its successors and assigns ( "DTC "). All of the
outstanding Bonds shall be registered in the Bond Register in the name of Cede, as nominee of
DTC, except as hereinafter provided. The President, Village Cleric and Village Treasurer and the
Bond Registrar are each authorized to execute and deliver, on behalf of the Village, such letters
to or agreements with DTC as shall be necessary to effectuate such book -entry system (any such
letter or agreement being referred to herein as the "Representation Letter "), which
Representation Letter may provide for the payment of principal of or interest on the Bonds by
wire transfer.
With respect to Bonds registered in the Bond Register in the name of Cede, as nominee
of DTC, the Village and the Bond Registrar shall have no responsibility or obligation to any
broker- dealer, bank or other financial institution for which DTC holds Bonds from time -to -time
as securities depository (each such broker- dealer, bank or other financial institution being
referred to herein as a "DTC Participant ") or to any person on behalf of whom such a DTC
Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence,
the Village and the Bond Registrar shall have no responsibility or obligation with respect to
(i) the accuracy of the records of DTC. Cede or any DTC Participant with respect to any
ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person,
other than a registered owner of a Bond as shown in the Bond Register, of any notice with
respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC
Participant or any other person, other than a registered owner of a Bond as shown in the Bond
Register, of any amount with respect to the principal of or interest on the Bonds. The Village
and the Bond Registrar may treat and consider the person in whose name each Bond is registered
in the Bond Register as the holder and absolute owner of such Bond for the purpose of payment
of principal and interest with respect to such Bond, for the purpose of giving notices o'f'
redemption and other matters with respect to such Bond, for the purpose of registering transfers
with respect to such Bond, and for all other purposes whatsoever. The Bond Registrar shall pay
all principal of and interest on the Bonds only to or upon the order of the respective registered
owners of the Bonds, as shown in the Bond Register, or their respective attorneys duly
authorized in writing, and all such payments shall be valid and effective to fully satisfy and
discharge the Village's obligations with respect to payment of the principal of and interest on the
Bonds to the extent of the sum or sums so paid. No person other than a registered owner of a
Bond as shown in the Bond Register, shall receive a Bond evidencing the obligation of the
Village to make payments of principal and interest with respect to any Bond. Upon delivery by
DTC to the Bond Registrar of written notice to the effect that DTC has determined to substitute a
new nominee in place of Cede, and subject to the provisions in Section 4 hereof with respect to
the payment of interest to the registered owners of Bonds at the close of business on the I st day
of the month of the applicable interest payment date, the name "Cede" in this Ordinance shall
refer to such new nominee of DTC.
In the event (i) the Village determines DTC is incapable of discharging its responsibilities
described herein and in the Representation Letter, (ii) the agreement among the Village, the
Bond Registrar and DTC evidenced by the Representation Letter shall be terminated for any
reason or (iii) the Village determines it is in the best interests of the beneficial owners of the
Bonds that they be able to obtain certificated Bonds, the Village shall notify DTC and DTC
Participants of the availability through DTC of certificated Bonds and the Bonds shall no longer
be restricted to being registered in the Bond Register in the name of Cede., as nominee of DTC.
At that time, the Village may determine the Bonds shall be registered in the name of and
deposited with such other depository operating a universal book -entry system, as may be
acceptable to the Village, or such depository's agent or designee, and if the Village does not
select such alternate universal book -entry system, then the Bonds may be registered in whatever
name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in
accordance with the provisions of Section 6 hereof.
Notwithstanding any other provisions of this Ordinance to the contrary, so long as any
Bond is registered in the name of Cede, as nominee of DTC, all payments with respect to the
principal of and interest on such Bond and all notices with respect to such Bond shall be made
and given, respectively, in the name provided in the Representation Letter.
Section 8. Form of Bond "Section 8. Form of Bond" d I . The Bonds shall be in
substantially the form hereinafter set forth; provided, however, that if tine text of the Bonds is to
be printed in its entirety on the front side of the Bonds, then the second paragraph on the front
side and the legend "See Reverse Side for Additional Provisions" shall be omitted and the text of
paragraphs set forth for the reverse side shall be inserted immediately after the first paragraph.
_
_. _
[FORM OF BOND - FRONT SIDE]
REGISTERED REGISTER]
No: S
UNITED STATES OF AMERICA
STATE OF ILLINOIS
COUNTY OF COOK
VILLAGE OF MORTON GROVE
GENERAL OBLIGATION BOND, SERIES 2014
See Reverse Side for
Additional Provisions.
CUSIP
Registered Owner:
Principal Amount:
KNOW ALL PERSONS BY THESE PRESENTS the Village of Morton Grove, Cook County,
Illinois, a municipality, home rule unit, and political subdivision of the State of Illinois (the
"Village "), hereby acknowledges itself to owe and for value received promises to pay to the
Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity
Date identified above, the Principal Amount identified above and to pay interest (computed on
the basis of a 360 -day year of twelve 30 -day months) on such Principal Amount from the later of
the Dated Date of this Bond identified above or from the most recent interest payment date to
which interest has been paid or duly provided for, at the Interest Rate per armum identified
above, such interest to be payable on June 15 and December 15 of each year, commencing
December 15, 2014, until said Principal Amount is paid or duly provided for. The principal of
this Bond is payable in lawful money of the United States of America upon presentation hereof
at the principal corporate trust office of
Illinois, as paying agent (the "Paying Agent "). Payment of interest shall be
made to the Registered Owner hereof as
shown on
the registration books of the
Village
maintained b the Treasurer of the Village
of Morton
Gr ve- Cook County. Illinois,
as bond
_
; e
_ .
10
r._
registrar (the "Bond Registrar "), at the close of business on the applicable Record Date (the
"Record Date"). The Record Date shall be the 1 st day of the month of any regular interest
payment date. Interest shall be paid by check or draft of the Paying Agent, payable upon
presentation in lawful money of the United States of America, mailed to the address of such
Registered Owner as it appears on such registration books or at such other address furnished in
writing by such Registered Owner to the Bond Registrar, or as otherwise agreed by the Village
and Cede & Co., as nominee, or successor, for so long as this Bond is held by T'he Depository
Trust Company, New York, New York, the depository, or nominee, in book -entry only form as
provided for same.
Reference is hereby made to the further provisions of this Bond set forth on the reverse
hereof, and such further provisions shall for all purposes have the same effect as if set forth at
this place.
It is hereby certified and recited all conditions, acts and things required by the
Constitution and Laws of the State of Illinois to exist or to be done precedent to and in the
issuance of this Bond, including the authorizing Act, have existed and have been properly done,
happened and been performed in regular and due form and time as required by law; that the
indebtedness of the Village, represented by the Bonds, and including all other indebtedness of
the Village, howsoever evidenced or incurred, does not exceed any constitutional or statutory or
other lawful limitation; and that provision has been made for the collection of a direct annual tax,
in addition to all other taxes, on all of the taxable property in the Village sufficient to pay the
interest hereon as the same falls due and also to pay and discharge the principal hereof at
maturity.
THE VILLAGE HAS DESIGNATED THIS BOND AS A "QUALIFIED TAX - EXEMPT OBLIGATION"
PURSUANT TO SECTION 265(b)(3) OF TIME INTERNAL REVENUE CODE OF 1986.
This Bond shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been signed by the Bond Registrar.
IN WITNESS WHEREOF the Village of Morton Grove, Cook County, Illinois, by its
President
and Board of Trustees, has
caused this Bond to be executed by the
manual or duly
authorized facsimile signature of its
President and attested by the manual or
duly authorized
facsimile
signature of its Village Clerk
and its corporate seal or a facsimile
thereof to be
impressed
or reproduced hereon, all
as appearing hereon and as of the Dated
Date identified
above.
ATTEST:
Ed Ramos, Village Clerk
Village of Morton Grove,
Cook County, Illinois
[SEAL]
Date of Authentication: March 10, 2014.
Daniel P. DiMaria. Village President
Village of Morton Grove,
Cools County, Illinois
12 - r
CERTIFICATE OF AUTHENTICATION
This
Bond iS one of the
Bonds
described in the
within- mentioned Ordinance
and is
one of
the General
Obligation
Bonds,
Series
2014, having a
Dated Date of
2014,
of the
Village of Morton Grove, Cook County, Illinois.
VILLAGE OF MORTON GROVE TREASURER, as
Bond Registrar
--
Authorized Officer
[FORM OF BOND- REVERSE SIDE]
This bond is one of a series of bonds (the "Bonds ") in the aggregate principal amount of
51,400,000 issued by the Village for the purpose of paying the costs of the Project and paying
expenses incidental thereto, all as described and defined in the ordinance authorizing the Bonds
(the "Ordinance"), pursuant to and in all respects in compliance with the applicable provisions
of the Illinois Municipal Code, as supplemented and amended, and as further supplemented and,
where necessary, superseded, by the powers of the Village as a home rule unit under the
provisions of Section 6 of Article VII of the Illinois Constitution of 1970 (such code and powers
collectively, being the "Act"), and with the Ordinance, which has been duly passed by the
President and Board of Trustees of the Village and approved by the President.
This Bond may be transferred or exchanged, but only in the manner, subject to the
limitations, and upon payment of the charges as set forth in the Ordinance. Upon surrender for
transfer or exchange of this Bond at the principal corporate trust office of the Bond Registrar,
duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange
in form satisfactory to the Bond Registrar and duly executed by the Registered Owner or an
attorney for such owner duly authorized in writing, the Village shall execute and the Bond
Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in the
case of
an exchange, the Registered Owner, a new fully registered Bond or Bonds of Iike, tenor,
of the same maturity, bearing the same interest rate, of authorized denominations, for a like
aggregate principal amount.
The Bond Registrar shall not be required to transfer or exchange any Bond during the
period from the close of business on the Record Date for an interest payment to the opening of
business on such interest payment date.
The Village, the Bond Registrar and the Paying Agent may deem and treat the Registered
Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on
account of principal hereof and interest due hereon and for all other purposes, and the Village,
the Bond Registrar and the Paying Agent shall not be affected by any notice to the contrary.
AssIGNMENT
Fop, VALUE RECEIVED, the undersigned sells, assigns and transfers unto
Here insert Social Security Number,
Employer Identification Number or
other Identifying Number
the within Bond and does hereby irrevocably constitute and appoint '
as attorney to transfer the said Bond on the books kept for registration thereof with full power of
NOTICE: The signature to this transfer and assignment must correspond with the name of the
Registered Owner as it appears upon the face of the within Bond in every particular,
without alteration or enlargement or any change whatever.
Section 9. Tar Levy "Section 9. Tax Levy" V'1 I . For the purpose of providing funds
required to pay the interest on the Bonds promptly when and as the same falls due, and to pay
and discharge the principal thereof at maturity, there is hereby levied upon all of the taxable
property within the Village, in the years for which any of the Bonds are outstanding, a direct
annual tax sufficient for that purpose-, and there is hereby levied on all of the taxable property in
the Village, in addition to all other taxes, the following direct annual taxes (the Pledged Taxes as
hereinabove defined):
FOR THE YEAR
A TAX SUFFICIFNI
TO PRODUCE THE DOLLAR SUM OF:
2014
$
for interest
up to and including
December
15, 2015
2015
$
for interest
2016
$
for interest
2017
$
for interest
2018
$
for interest
and principal
2019
$
for interest
and principal
2020
$
for interest
and principal
The Pledged Taxes and other moneys on deposit in the Bond Fund shall be applied to pay the
principal of and interest on the Bonds.
Interest or principal coming due at any time when there are insufficient funds on hand
from the Pledged Taxes to pay the same shall be paid promptly when due from current funds on
hand in advance of the collection of the Pledged Taxes herein levied; and when the Pledged
Taxes shall have been collected, reimbursement shall be made to said funds in the amount so
advanced. The Village covenants and agrees with the purchasers and registered owners of the
Bonds that so long as any of the Bonds remain outstanding, the Village will take no action or fail
to take any action which in any way would adversely affect the ability of the Village to levy and
collect the foregoing tax levy. The Village and its officers will comply with all present and
future applicable laws in order to assure the Pledged Taxes may be levied, extended and
collected as provided herein and deposited into the Bond Fund.
Whenever other funds from any lawful source are made available for the purpose of
paying any principal of or interest on the Bonds so as to enable the abatement of the taxes levied
herein for the payment of same, the Board shall, by proper proceedings, direct the deposit of
such funds into the Bond Fund and further shall direct the abatement of the taxes by the amount
so deposited. A certified copy or other notification of any such proceedings abating taxes may
then be filed with the County Clerk in a timely manner to effect such abatement.
Section 10. Riling with County Cleric "Section 10. Piling with County Clerk" \I I
Promptly, as soon as this Ordinance becomes effective, a copy hereof, certified by the Village
Clerk of the Village shall be filed with the County Clerk; and the County Clerk shall in and for
each of the years 2014 to 2020, inclusive, ascertain the rate percent required to produce the
aggregate tax hereinbefore provided to be levied in each of said years; and the County Cleric
shall extend the same for collection on the tax books in connection with other taxes levied in said
years in and by the Village for general corporate purposes of the Village; and in said years such
annual tax shall be levied and collected by and for and on behalf of the Village in like mariner as
taxes for general corporate purposes for said years are levied and collected, and in addition to
and in excess of all other taxes.
Section 11. Sale of Bonds "Section 11. Sale of Bonds" \I 1 . The Bonds hereby
authorized shalt be executed as in this Ordinance provided as soon after the passage hereof as
may be, and thereupon be deposited with the Treasurer of the Village, and be by said Treasurer
delivered to `r Illinois the purchaser thereof (the
"Purchaser "), upon receipt of the purchase price therefor, the same being $
plus accrued interest, if any, to the delivery date; the contract for the sale of the Bonds heretofore .
entered into (the "Purchase Contract") is in all respects ratified, approved and confirmed, it
being hereby found and determined the Bonds have been sold at such price and bear interest at
such rates that neither the true interest cost (yield) nor the net interest rate received upon such
sale exceed the maximum rate otherwise authorized by Illinois law and the Purchase Contract is
in the best interests of the Village and that no person holding any office of the Village, either by
election or appointment, is in any manner financially interested directly in his own name or
indirectly in the name of any other person, association, trust or corporation, in the Purchase
Contract.
:�
17
The use by the Purchaser of any Preliminary Official Statement and any final Official
Statement relating to the Bonds (the "Official Statement ") is hereby ratified, approved and
authorized; the execution and delivery of the Official Statement is hereby authorized; and the
officers of the Board are hereby authorized to take any action as may be required on the part of
the Village to consummate the transactions contemplated by the Purchase Contract, this
Ordinance, said Preliminary Official Statement, the Official Statement and the Bonds.
Section 12. Creation ofFunds and,4pproprianons "Section 12. Creation of Funds and
Appropriations" \I 1 . The proceeds derived from the sale of the Bonds shall be used as follows:
A. Any accrued interest received upon the delivery of the Bonds and
$ of the principal proceeds of the Bonds are hereby appropriated for the
purpose of paying the interest due on the Bonds and are hereby ordered deposited into the
"General Obligation Bonds, Series 2014, Bond Fund" (the 'Bond Fund "), hereby
created, which shall be the fund for the payment of principal of and interest on the Bonds.
The Pledged Taxes shall either be deposited into the Bond Fund and used solely
and only for paying the principal of and interest on the Bonds or be used to reimburse a
fund or account from which advances to the Bond Fund may have been made to pay
principal of or interest on the Bonds prior to receipt of Pledged Taxes. Interest income or
investment profit earned in the Bond Fund shall be retained in the Bond Fund for
payment of the principal of or interest on the Bonds on the interest payment date next
after such interest or profit is received or, to the extent lawful and as determined by the
Board, transferred to such other fund as may be determined. The Village hereby pledges,
as equal and ratable security for the Bonds, all present and future proceeds of the Pledged
Taxes for the sole benefrt of the registered owners of the Bonds, subject to the reserved
right of the Board to transfer certain interest income or investment profit earned in the
Bond Fund to other funds of the Village, as described in the preceding sentence.
B. The balance of the principal proceeds of the Bonds and any premium
received from the sale of the Bonds shall be set aside in a separate fund, hereby created,
and designated as the "Project Fund" (the "Project Fund "). Money in the Project Fund
shall be used to pay all costs of the Project and all costs and expenses incidental or
allocable or related thereto, including all costs of issuance of the Bonds. The Board
reserves the right, as it becomes necessary from - time -to -time, to revise the list of
expenditures hereinabove set forth, to change priorities, to revise cost allocations between
expenditures and to substitute projects, in order to meet current needs of the Village;
subject, however, to the tax covenants set ford: herein. At the time of the issuance of the
Bonds, the costs of issuance of the Bonds may be paid by the Purchaser on behalf of the
Village from the proceeds of the Bonds.
18-
Section 13. Non - Arbitrage and Tax- ExernptionError! Bookmark not defined.. One
purpose of this Section is to set forth various facts regarding the Bonds and to establish the
expectations of the Board and the Village as to future events regarding the Bonds and the use of
Bond proceeds. The certifications, covenants and representations contained herein and at the
time of the Closing are made on behalf of the Village for the benefit of the owners from time -to-
time of the Bonds. In addition to providing the certifications, covenants and representations
contained herein, the Village hereby covenants that it will not take any action, omit to take any
action or permit the taking or omission of any action within its control (including, without
limitation, making or permitting any use of the- proceeds of the Bonds) if taking, permitting or
omitting to take such action would cause any of the Bonds to be an arbitrage bond or a private
activity bond within the meaning of the hereinafter defined Code or would otherwise cause the
interest on the Bonds to be included in the gross income of the recipients thereof for federal
income tax purposes. The Village aclumowledges, in the event of an examination by the Internal
Revenue Service (the "IRS"), of the exemption from federal income taxation for interest paid on
the Bonds, under present rules, the Village may be treated as a "taxpayer" in such examination
and agrees it will respond in a commercially reasonable mariner to any inquiries from the IRS in
connection with such an examination. The Board and the Village certify, covenant and represent
as follows:
1.1. Definitions. In addition to such other words and terms used and defined in
this Ordinance, the following words and terms used in this Section shall have the
following meanings unless, in either case, the context or use clearly indicates another or
different meaning is intended:
"Affiliated Person" means any Person that (a) at any time during the six months
prior to the execution and delivery of the Bonds, (i) has more than five percent of the
voting power of the governing body of the Village in the aggregate vested in its directors,
officers, owners, and employees or, (ii) has more than five percent of the voting power of
its governing body in the aggregate vested in directors, officers, board members or
employees of the Village or (b) during the one -year period beginning six months prior to
the execution and delivery of the Bonds, (i) the composition of the governing body of
which is modified or established to reflect (directly or indirectly) representation of the
interests of the Village (or there is an agreement, understanding, or arrangement relating
to such a modification or establishment during that one -year period) or (ii) the
composition of the governing body of the Village is modified or established to reflect
(directly or indirectly) representation of the interests of such Person (or there is an
agreement, understanding, or arrangement relating to such a modification or
establishment during that one -year period).
"Bond Counsel" means Chapman and Cutler, LLP, or any other nationally
recognized fiml of attorneys experienced in the field of municipal bonds whose opinions
are generally accepted by purchasers of municipal bonds.
"Capital Expenditures" means costs of a type that would be properly chargeable
to a capital account under the Code (or would be so chargeable with a proper election)
under federal income tax principles if the Village were treated as a corporation subject to
federal income taxation, taking into account the definition of Placed -in- Service set forth
herein.
"Closing" means the first date on which the Village is receiving the purchase
price for the Bonds.
"Code " means the Internal Revenue Code of 1986, as amended.
"Commingled Fund" means any fund or account containing both Gross Proceeds
and an amount in excess of S2'�,000 are not Gross Proceeds if the amounts in the fund or
account are invested and accounted for, collectively, without regard to the source of
funds deposited in the fund or account. An open - ended regulated investment company
under Section 851 of the Code is not a Commingled Fund.
"Control" means the possession, directly or indirectly through others, of either of
the following discretionary and non - ministerial rights or powers over another entity:
(a)
to approve and to remove
without
cause a controlling portion of the
governing
body of a Controlled Entity;
or
(b) to require the use of funds or assets of a Controlled Entity for any
purpose.
"Controlled Entity" means any entity or one of a group of entities subject to
Control by a Controlling Entity or group of Controlling Entities.
"Controlled Group° means a group of entities directly or indirectly subject to
Control by the same entity or group of entities, including the entity having Control of the
other entities.
"Controlling Entio) " means any entity or one of a group of entities directly or
indirectly having Control of any entities or group of entities.
`Costs of issuance" means the costs of issuing the Bonds, including underwriters
discount and legal fees.
"De minimis Amount of Original Issue Discount or Premium " means with respect
to an obligation (a) any original issue discount or premium that does not exceed two
percent of the stated redemption price at maturity of the Bonds plus (b) any original issue
premium that is attributable exclusively to reasonable underwriter's compensation.
"External Commingled Fund" means a Commingled Fund in which the Village
and all members of the same Controlled Group as the Village . own, in the aggregate, not
more than ten percent (10 %) of the beneficial interests.
"GIC" means (a) any investment that has specifically negotiated withdrawal or
reinvestment provisions and a specifically negotiated interest rate and (b) any agreement
to supply investments on two or more future dates (e.g., a forward supply contract).
"Gross Proceeds" means amounts in the Bond Fund and the Project Fund.
"Net Sale Proceeds" means amounts actually or constructively received from the
sale of the Bonds reduced by any such amounts that are deposited in a reasonably
required reserve or replacement fund for the Bonds.
"Person" means any entity with standing to be sued or to sue, including any
natural person, corporation, body politic, governmental unit, agency, authority,
partnership, trust, estate, association, company, or group of any of the above.
"Placed -in- Service" means the date on which, based on all facts and
circumstances (a) a facility has reached a degree of completion that would permit its
operation at substantially its design level and (b) the facility is, in fact, in operation at
such level.
"Private Business Use " means any use of the Project by any .Person other than a
state or local government unit, including as a result of (i) ownership, (ii) actual or
beneficial use pursuant to a lease or a management, service, incentive payment, research
or output contract or (iii) any other similar arrangement, agreement or understanding,
whether written or oral, except for use of the Project on the same basis as the general
public. Private Business Use includes any formal or informal arrangement with any
person other than a state or local govermnental unit that conveys special legal
entitlements to any portion of the Project that is available for use by the general public or
that conveys to any person other than a state or local governmental unit any special
economic benefit with respect to any portion of the Project that is not available for use by
the general public.
"Qualified Administrative Costs of Investments" means (a) reasonable, direct
administrative costs (other than carrying costs) such as separately stated brokerage or
selling commissions but not legal and accounting fees, recordkeeping, custody and
similar costs; or (b) all reasonable administrative costs, direct or indirect, incurred by a
publicly offered regulated investment company or an External Commingled Fund.
"Qualified Tax Exempt Obligations " means (a) any obligation described in
Section 103(x) of the Code, the interest on which is excludable from Bross income of the
owner thereof for federal income tax purposes and is not an item of tax preference for
purposes of the alternative minimum tax imposed by Section 55 of the Code; (b) an
interest in a regulated investment company to the extent that at least ninety -five percent
(95 %) of the income to the holder of the interest is interest which is excludable from
gross income under Section 103 of the Code of any owner thereof for federal income tax
purposes and is not an item of tax preference for purposes of the alternative minimum tax
imposed by Section 55 of the Code; and (c) certificates of indebtedness issued by the
United States Treasury pursuant to the Demand Deposit State and Local Government
Series program described in 31 C.F.R. pt. 344.
"Rebate Fund" means the fund, if any, identified and defined in paragraph 4.2
herein.
"Rebate Provisions" means the rebate requirements contained in Section 148(f)
of the Code and in the Regulations.
"Regulations" means
United States
Treasury
Regulations
dealing with the
tax- exempt bond provisions of
the Code.
Proceeds or investment earnings thereon
are
or will be allocated.
"Reserve Portion of the Bond Fund" means the portion of the Bond Fund funded
in excess of the amount of debt service payable each year.
"Sale Proceeds " means amounts actually or constructively received from the sale
of the Bonds, including (a) amounts used to pay underwriters' discount or compensation
and accrued interest, other than accrued interest for a period not greater than one year
before Closing but only if it is to be paid within one year after Closing and (b) amounts
derived nom the sale of any right that is part of the terms of a Bond or is otherwise
associated with a Bond (e.g., a redemption right).
"Yield" means that discount rate which when used in computing the present value
of all payments of principal and interest paid and to be paid on an obligation (using
semiannual compounding on the basis of a 360 -day year) produces an amount equal to
the obligation's purchase price (or in the case of the Bonds, the issue price as established
in paragraph
"Reimbursed
Expenditures" means expenditures of
the
Village paid prior to
Closing
to which Sale
Proceeds or investment earnings thereon
are
or will be allocated.
"Reserve Portion of the Bond Fund" means the portion of the Bond Fund funded
in excess of the amount of debt service payable each year.
"Sale Proceeds " means amounts actually or constructively received from the sale
of the Bonds, including (a) amounts used to pay underwriters' discount or compensation
and accrued interest, other than accrued interest for a period not greater than one year
before Closing but only if it is to be paid within one year after Closing and (b) amounts
derived nom the sale of any right that is part of the terms of a Bond or is otherwise
associated with a Bond (e.g., a redemption right).
"Yield" means that discount rate which when used in computing the present value
of all payments of principal and interest paid and to be paid on an obligation (using
semiannual compounding on the basis of a 360 -day year) produces an amount equal to
the obligation's purchase price (or in the case of the Bonds, the issue price as established
in paragraph
5.1
hereof),
including
accrued
interest.
"Yield Reduction Payment ° means a rebate payment or any other amount paid to
the United States in the same manner as rebate amounts are required to be paid or at such
other time or in such manner as the IRS may prescribe that will be treated as a reduction
in Yield of an investment under the Regulations.
2.1. Purpose of the Bonds. The Bonds are being issued to finance the Project in
a prudent manner consistent with the revenue needs of the Village. A breakdown of the
sources and uses of funds is set forth in the preceding Section of this Ordinance. Except
for any accrued interest on the Bonds used to pay first interest due on the Bonds, no
proceeds of the Bonds will be used more than 30 days after the date of issue of the Bonds
for the purpose of paying any principal or interest on any issue of bonds, notes,
certificates or warrants or on any installment contract or other obligation of the Village or
for the purpose of replacing any funds of the Village used for such purpose.
2.2. The Project— Binding Commitment and Timing, The Village has incurred or
will, within six months of the Closing, incur a substantial binding obligation (not subject
to contingencies within the control of the Village or any member of the same Controlled
Group as the Village) to a third party to expend at least five percent of the Net Sale
Proceeds on the Project. It is expected that the work of acquiring and constructing the
Project and the expenditure of amounts deposited into the Project Fund will continue to
proceed with due diligence through , 2013, at which time it is anticipated
all Sale Proceeds and investment earnings thereon will have been spent.
2.3. Reimbursement, With respect to expenditures for the Project paid within the
60 day period ending on this date and with respect to which no declaration of intent was
previously made, the Village hereby declares its intent to reimburse such expenditures
and hereby allocates Sale Proceeds in the amount indicated in the Treasurer's Receipt to
be delivered in connection with the issuance of the Bonds to reimburse said expenditures.
Otherwise, none of the Sale Proceeds or investment earnings thereon will be used for
Reimbursed Expenditures.
2.4.
Working Capital.
All Sale
Proceeds and investment
earnings
thereon will
be used,
directly or indirectly,
to finance
Capital Expenditures other
than the
following:
(a) an amount not to exceed five percent (5 1/o) of the Sale Proceeds for
working capital expenditures directly related to Capital Expenditures financed by
the Bonds;
(b) payments of interest on the Bonds for a period commencing at
Closing and ending on the later of the date three years after Closing or one year
after the date on which the Project is Placed -in- Service;
(c) Costs of Issuance and Qualified Administrative Costs of Investments;
(d) payments of rebate
or Yield
Reduction
Payments made
to
the United
– _ 5tates.under the Regulations;
(e) principal of or interest on the Bonds paid from unexpected excess
Sale Proceeds and investment earnings thereon; and
(f)
investment earnings that are
commingled
with
substantial other
revenues
and are expected to be allocated to
expenditures
within
six months.
15. Consequences of Contrary Expenditure. The Village acknowledges if Sale
Proceeds and investment earnings thereon are spent for non - Capital Expenditures other
than as permitted by paragraph 2.4 hereof, a Iike amount of then available funds of the
Village will be treated as unspent Sale Proceeds.
2.6. Payments to Village or Related Persons. The Village acknowledges if Sale
Proceeds or investment earnings thereon are transferred to or paid to the Village or any
member of the same Controlled Group as the Village, those amounts will not be treated
as having been spent for federal income tax purposes. However, Sale Proceeds or
investment earnings thereon will be allocated to expenditures for federal income tax
purposes if the Village uses such amounts to reimburse itself for amounts paid to persons
other than the Village or any member of the same Controlled Group as the Village,
provided that the original expenditures were paid on or after Closing or are permitted
under paragraph 2.3 of this Section, and provided that the original expenditures were not
otherwise paid out of Sale Proceeds or investment carnings thereon or the proceeds of
any other borrowing. In addition, investment earnings may be allocated to expenditures
to the extent provided in paragraph 214(f) of this Section. Any Sale Proceeds or
investment earnings thereon are transferred to or paid to the Village or any member of the
same Controlled Group as.the Village will remain Sale Proceeds or investment earnings
thereon, and thus Gross Proceeds, until such amounts are allocated to expenditures for
federal income tax purposes. If the Village does not allocate any such amounts to
expenditures for the Project or other expenditures permitted under this Ordinance, any
such amounts will be allocated for federal income tax purposes to the next expenditures,
not otherwise paid out of Sale. Proceeds or investment earnings thereon or the proceeds of
any other borrowing, for interest on the Bonds prior to the later of the date three years
after Closing or one year after the date on which the Project is Placed -in- Service. The
Village will consistently follow this accounting method for federal income tax purposes.
2.7. Investment of Bond Proceeds. Not more than fifty percent (50 %) of the Sale
Proceeds and investment earnings thereon are or will be invested in investments (other
than Qualified Tax Exempt Obligations) having a Yield that is substantially guaranteed
for four years or more. No portion of the Bonds is being issued solely for the purpose of
investing a portion of Sale Proceeds or investment earnings thereon at a Yield higher than
the Yield on the Bonds.
It is expected the Sale Proceeds deposited into the Project Fund, including
investment earnings on the Project Fund, will be spent to pay costs of the Project and
interest on the Bonds not later than the date set forth in paragraph 2.2 hereof, the
investment earnings on the Bond Fund will be spent to pay interest on the Bonds, or to
the extent permitted by law, investment earnings on amounts in the Project Fund and the
,x-
Bond Fund will be commingled with substantial revenues from the governmental
operations of the Village, and the earnings are reasonably expected to be spent for
governmental purposes within six months of the date earned. Interest earnings on the
Project Fund and the Bond Fund have not been earmarked or restricted by the Board for a
designated purpose.
2.8. No Grants. None of the Sale Proceeds or investment earnings thereon will
be used to make grants to any person.
2.9. Hedges. Neither the Village nor any member of the same Controlled Group
as the Village has entered into or expects to enter into any hedge (e.g., an interest rate
swap, interest rate cap, futures contract, forward contract or an option) with respect to the
Bonds. The Village acknowledges that any such hedge could affect, among other things,
the calculation of Bond Yield under the Regulations. The IRS could recalculate Bond
Yield if the failure to account for the hedge fails to clearly reflect the economic substance
of the transaction.
The Village also acknowledges if it acquires a hedging contract with an
investment element (including e.g., an off - market swap agreement, or any can agreement
for which all or a portion of the premium is paid at, or before the effective date of the cap
agreement), then a portion of such hedging contract may be treated as an investment of
Gross Proceeds of the Bonds, and be subject to the fair market purchase price rules,
rebate and yield restriction. The Village agrees not to use proceeds of the Bonds to pay
for any such hedging contract in whole or in part. The Village also agrees it will not give
any assurances to any Bondholder or any credit or liquidity enhancer with respect to the
Bonds that any such hedging contract will be entered into or maintained. The Village
recognizes if a portion of a hedging contract is determined to be an investment of gross
proceeds, such portion may not be fairly priced even if the hedging contract as a whole is
fairly priced.
2.10. IRS Audits. The Village represents the IRS has not contacted the Village
regarding any obligations issued by or on behalf of the Village. To the best of the
knowledge of the Village, no such obligations of the Village are currently under
examination by the IRS.
3.1. Use of Proceeds. (a) The use of the Sale Proceeds and investment earnings
thereon and the funds held under this Ordinance at the time of Closing are described in
the preceding Section of this Ordinance. No Sale Proceeds will be used to pre -pay for
goods or services to be received over a period of years prior to the date such goods or
services are to be received. No Sale Proceeds or any investment earnings thereon will be
used to pay for or otherwise acquire goods or services from the Village, any member of
the same Controlled Group as the Village, or an Affiliated Person.
(b) Only the
funds and accounts described in said Section will be
funded at
Closing. There are no
other funds or accounts created under this Ordinance,
other than
the Rebate Fund if it is
created as provided in paragraph 4.2 hereof.
(c) Principal of and interest on the Bonds will be paid from the Bond Fund.
(d) Any Costs of Issuance incurred in connection with the issuance of the Bonds
to be paid by the Village will be paid at the time of Closing.
(e) The costs of the Project will be paid from the Project Fund and no other
moneys (except for investment earnings on amounts in the Project Fund) are expected to
I e deposited therein.
3.2. Purpose of Bond Fund. The Bond Fund (other than the Reserve Portion of
the Bond Fund) will be used primarily to achieve a proper matching of revenues and
earnings with principal and interest payments on the Bonds in each bond year. It is
expected that the Bond Fund (other than the Reserve Portion of the Bond Fund) will be
depleted at least once a year, except for a reasonable carry over amount not to exceed the
greater of (a) the earnings on the investment of moneys in the Bond Fund (other than the
Reserve Portion of the Bond Fund) for the immediately preceding bond year or (b) 1/12"
of the principal and interest payments on the Bonds for the immediately preceding bond
year.
The Village will levy taxes to produce an amount sufficient to pay all principal of
and interest on the Bonds in each bond year. To minimize the likelihood of an
insufficiency, the amount extended to pay the Bonds may in most years be in excess of
the amount required to pay principal and interest within one year of collection. This
over - collection (if any) may cause the Bond Fund as a whole to fail to function as a bona
fide debt service fund. Nevertheless, except for the Reserve Portion of the 'Bond Fund,
the Bond Fund will be depleted each year as described above. The Reserve Portion of the
Bond Fund will constitute a separate account not treated as part of the bona fide debt
service fund. The Reserve Portion of the Bond Fund is subject to yield restriction
requirements except as it may otherwise be excepted as provided in 5.2 below. It is also
subject to rebate requirements.
3.3. No Other Gross Proceeds. (a) Except for the Bond Fund and the Project
Fund, and except for investment earnings that have been commingled as described in
paragraph 2.6 and any credit enhancement or liquidity device related to the Bonds, after
the issuance of the Bonds, neither the Village nor any member of the same Controlled
Group as the Village has or will have any property, including cash, securities or will have
any property, including cash, securities or any other property held as a passive vehicle for
the production of income or for investment purposes, that constitutes:
(i) Sale Proceeds;
(ii) amounts in any fund or account with respect to the Bonds (other than
the Rebate Fund);
(iii) amounts that have a sufficiently direct nexus to the Bonds or to the
— governmental purpose of the Bonds to conclude that the amounts would have
k ...: -26- -
been used for that governmental purpose if the Bonds were not used or to be used
for that governmental purpose (the mere availability or preliminary earmarking of
such amounts for a governmental purpose, however, does not itself establish such
a sufficient nexus);
(iv) amounts in a debt service fund, redemption fund, reserve fund,
replacement fund or any similar fund to the extent reasonably expected to be used
directly or indirectly to pay principal of or interest on the Bonds or any amounts
for which there is provided, directly or indirectly, a reasonable assurance that the
amount will be available to pay principal of or interest on the Bonds or any
obligations under any credit enhancement or liquidity device with respect to the
Bonds, even if the Village encounters financial difficulties;
(v) any amounts held pursuant to any agreement (such as an agreement to
maintain certain levels of types of assets) made for the benefit of the Bondholders
or any credit enhancement provider, including any liquidity device or negative
pledge (e.g., any amount pledged to pay principal of or interest on an issue held
under an agreement to maintain the amount at a particular level for the direct or
indirect benefit of holders of the Bonds or a guarantor of the Bonds); or
(vi) amounts actually or constructively received from the investment and
reinvestment of the amounts described in (i) or (ii) above.
(b) No compensating balance, liquidity account, negative pledge of property
held for investment purposes required to be maintained at least at a particular level or
similar arrangement exists with respect to, in any way, the Bonds or any credit
enhancement or liquidity device related to the Bonds.
(c) The term of the Bonds is not longer than is reasonably necessary for the
governmental purposes of the Bonds. The average reasonably expected economic life of
the Project is at least 10 years. The weighted average maturity of the Bonds does not
exceed 10 years and does not exceed one hundred twenty percent (120 %) of the average
reasonably expected economic life of the Project. The maturity schedule of the Bonds
(the "Principal Payment Schedule')) is based on an analysis of revenues expected to be
available to pay debt service on the Bonds. The Principal Payment Schedule is not more
rapid (i.e., having a lower average maturity) because a more rapid schedule would place
an undue burden on tax rates and cause such rates to be increased beyond prudent levels,
and would be inconsistent with the governmental purpose of the Bonds as set forth in
paragraph 2.1 hereof.
3.4. Final Aliocation of Proceeds. Subject to the requirements of this Section,
including those concerning working capital expenditures in paragraph 2.4, the Village
may generally use any reasonable, consistently applied accounting method to account for
Gross Proceeds, investments thereon, and expenditures. The Village must account for the
final allocation of proceeds of the Bonds to expenditures not later than 18 months after
the later of the date the expenditure is paid or the date the property with- respect _to which
the expenditure is made is Placed -in- Service: This allocation must be made in any event
by the date sixty (60) days after the fifth anniversary of the issue date of the Bonds or the
date sixty (60) days after the retirement of the Bonds, if earlier.
Reasonable accounting methods for allocating funds include any of the following
methods if consistently applied: a specific tracing method; a Gross Proceeds spent first
method; a first -in, first -out method; or a ratable allocation method. The Village may also
reallocate proceeds of the Bonds from one expenditure to another until the end of the
period for final allocation, discussed above. Unless the Village has taken an action to use
a different allocation method by the end of the period for a final allocation, proceeds of
the Bonds will be treated as allocated to expenditures using the specific tracing method.
4.1. Compliance with Rebate Provisions. The Village covenants to take such
actions and make, or cause to be made, all calculations, transfers and payments that may
be necessary to comply with the Rebate Provisions applicable to the Bonds. The Village
will make, or cause to be made, rebate payments with respect to the Bonds in accordance
with law.
4.2. Rebate Fund. The Village is hereby authorized to create and establish a
special fund to be known as the Rebate Fund (the "Rebate Fund "), which, if created,
shall be continuously held, invested, expended and accounted for in accordance with this
Ordinance. Moneys in the Rebate Fund shall not be considered moneys held for the
benefit of the owners of the Bonds. Except as provided in the Regulations, moneys in the
Rebate Fund (including earnings and deposits therein) shall be held in trust for payment
to the United States as required by the Rebate Provisions and by the Regulations and as
contemplated under the provisions of this Ordinance.
4.3. Records, The Village agrees to keep and retain or cause to be kept and
retained for the period described in paragraph 7.9 adequate records with respect to the
investment of all Gross Proceeds and amounts in the Rebate Fund. Such records shall
include: (a) purchase price; (b) purchase date; (c) type of investment; (d) accrued interest
paid; (e) interest rate; (f) principal amount; (g) maturity date; (h) interest payment date;
(i) date of liquidation; and 0) receipt upon liquidation.
If any investment becomes Gross Proceeds on a date other than the date such
investment is purchased, the records required to be kept shall include the fair market
value of such investment on the date it becomes Gross Proceeds. If any investment is
retained after the date the last Bond is retired, the records required to be kept shall
include the fair market value of such investment on the date the last Bond is retired.
Amounts or investments will be segregated whenever necessary to maintain these
records.
4.4. Fair Market Value; Certificates of Deposit and Investment Agreements, The
Village will continuously invest all amounts on deposit in the Rebate Fund, together with
the amounts, if any, to be transferred to the Rebate Fund, in any investment permitted
under this Ordinance. In making investments or Gross- Proceeds or,pf amounts in the
Rebate Fund the Village shall take into account prudent investment standards and the
date on which such moneys may be needed. Except as provided in the next sentence, all
amounts that constitute Cross Proceeds and all amounts in the Rebate Fund shall be
invested at all times to the greatest extent practicable, and no amounts may be held as
cash or be invested in zero yield investments other than obligations of the United States
purchased directly from the United States. In the event moneys cannot be invested, other
than as provided in this sentence due to the denomination, price or availability of
investments, the amounts shall be invested in an interest bearing deposit of a bank with a
yield not less than that paid to the general public or held uninvested to the minimum
extent necessary.
Gross Proceeds and any amounts in the Rebate Fund that are invested in
certificates of deposit or in GICs shall be invested only in accordance with the following
provisions:
(a) Investments in certificates of deposit of banks or savings and loan
associations that have a fixed interest rate, fixed payment schedules and
substantial penalties for early withdrawal shall be, made only if either (i) the Yield
on the certificate of deposit (A) is not less than the Yield on reasonably
comparable direct obligations of the United States and (B) is not less than the
highest Yield that is published or posted by the provider to be currently available
from the provider on reasonably comparable certificates of deposit offered to the
public or (ii) the investment is an investment in a GIC and qualifies under
paragraph (b) below.
(b) Investments in GICs shall be made only if
(i) the bid specifications are in writing, include all material terms
of the bid and are timely forwarded to potential providers (a term is
material if it may directly or indirectly affect the yield on the GIC);
(ii) the terms of the bid specifications are commercially reasonable
(a tenn is commercially reasonable if there is a legitimate business
purpose for the term other than to reduce the yield on the GIC);
(iii) all bidders for the GIC have equal opportunity to bid so that,
for example, no bidder is given the opportunity to review other bids ('a last
look) before bidding;
(iv) any agent used to conduct the bidding for the GIC does not bid
to provide the GIC;
(v) at least three of the providers solicited for bids for the GIC are
reasonably competitive providers of' investments of the type purchased
(i.e., providers that have established industry reputations as competitive
providers of-the -type of investments being. purchased);
(vi) at least three of the entities that submit a bid do not have a
financial interest in the Bonds;
(vii) at least one of the entities that provided a bid is a reasonably
competitive provider that does not have a financial interest in the Bonds;
(viii) the bid specifications include a statement notifying potential
providers that submission of a bid is a representation that the potential
provider did not consult with any other provider about its bid, that the bid
was determined without regard to any other formal or informal agreement
that the potential provider has with the Village or any other person
(whether or not in connection with the Bonds) and that the bid is not being
submitted solely as a courtesy to the Village or any other person 9'or
purposes of satisfying the federal income tax requirements relating to the
bidding for the GIC;
(ix) the determination of the terms of the GIC takes into account
the reasonably expected deposit and drawdown schedule for the amounts
to be invested;
(x) the highest - yielding GIC for which a qualifying bid is made
(determined net of broker's fees) is in fact purchased; and
(xi)
the obligor
on the
GIC
certifies
the administrative costs that it
is paying
or expects to
pay to
third
parties in
connection with the GIC.
(c) If a GIC is purchased, the Village will retain the following records
with its bond documents until three years after the Bonds are redeemed in their
entirety:
(i) a copy of the GIC;
(ii) the receipt or other record of the amount actually paid for the
GIC, including a record of any administrative costs paid, and the
certification under subparagraph (b)(xi) of this paragraph;
(iii) for each bid that is submitted, the name of the person and entity
submitting the bid, the time and date of the bid, and the bid results; and
(iv) the bid solicitation form and, if the terms of the GIC deviated
from the bid solicitation form or a submitted bid is modified, a brief
statement explaining the deviation and stating the purpose for the
deviation.
Moneys to be rebated to the United States shall be invested to mature on or prior
to the anticipated rebate.payment date. All investments made with Gross Proceeds or
9
amounts in the Rebate Fund shall be bought and sold at fair market value. The fair
market value of an investment is the price at which a willing buyer would purchase the
investment from a willing seller in a bona fide, arm's length transaction. Except for
investments specifically described in this Section and United States Treasury obligations
that are purchased directly from the United States Treasury, only investments that are
traded on an established securities market, within the meaning of regulations promulgated
under Section 1273 of the Code, will be purchased with Gross Proceeds, in general, an
"established securities market" includes: (i) property that is listed on a national securities
exchange, an interdealer quotation system or certain foreign exchanges; (ii) property that
is traded on a Commodities Futures Trading Commission designated board of trade or an
interbank market; (iii) property that appears on a quotation medium, and (iv) property for
which price quotations are readily available from dealers and brokers. A debt instrument
is not treated as traded on an established market solely, because it is convertible into
property which is so traded.
An investment of Gross Proceeds in an External Commingled Fund shall be made
only to the extent that such investment is made without an intent to reduce the annount to
be rebated to the United States Government or to create a smaller profit or a larger loss
than would have resulted if the transaction had been at arm's length and had the rebate or
Yield restriction requirements not been relevant to the Village. An investment of Gross
Proceeds shall be made in a Commingled Fund other than an External Commingled Fund
only if the investments made by such Commingled Fund satisfy the provisions of this
paragraph.
A single investment, or multiple investments awarded to a provider based on a
single bid may not be used for funds subject to different rules relating to rebate or yield
restriction.
The foregoing provisions of this paragraph
the Regulations relating to the valuation of certain
provisions of this paragraph are contained herein
has covenanted not to take any action to adverse
interest on the Bonds. The Village will contact
comply with the provisions of this paragraph and
safe harbors provided herein.
satisfy various safe harbors set forth in
types of investments. The safe ha; nor
I
or the protection of the Village, who
ly affect the tax - exempt status of the
Bond Counsel if it does not wish to
forego the protection provided by the
4.5. Arbitrage Elections. The President, Village Clerk and Village Treasurer are
hereby authorized to execute one or more elections regarding certain matters with respect
to arbitrage.
4.6. Small Issuer Exception. The Village is a governmental unit that has the
power to impose a tax or to cause another entity to impose a tax of general applicability
that, when collected, may be used for the governmental purposes of the Village. The
power to impose such tax is not contingent on approval by another governmental unit; a
tax of general applicability is one that is not limited to a small number of persons. The
_ _ ._ Village is not.subject to Control _by any other governmental unit or political subdivision.
None of the Bonds is or will be a "private activity bond" (as defined in Section 141 of the
Code). Ninety -five percent or more of the Sale Proceeds and investment earnings thereon
will be used for local governmental activities of the Village. None of the Village, any
entity that issues tax - exempt bonds, qualified tax credit bonds or direct pay bonds on
behalf of the Village or any entity subject to Control by the Village will issue, during the
calendar year 2014, any tax - exempt bonds (other than current refunding bonds to tne
extent of the aggregate face amount of the tax-exempt bonds currently refunded thereby),
qualified tax credit bonds or direct pay bonds in an aggregate face amount in excess of
the maximum aggregate face amount (as hereinafter defined). As used herein,
(a) "tax- exempt bonds" means obligations of any kind, the interest on which is
excludable from gross income of the holders or owners t nereof for federal income tax
purposes pursuant to Section 103 of the Code but not including (i) "private activity
bonds" (as defined in Section 141 of the Code) or (ii) obligations issued to refund another
obligation if it is issued not more than ninety (90) days before the redemption of the
refunded obligation to the extent the amount of the refunding obligation does not exceed
the outstanding amount of the refunded obligation, (b) "aggregate face amounC' mews,
if an issue has more than a De minimis Amount of Original Issue Discount or Premium,
the issue price of the issue and otherwise means the principal amount of the issue,
(c) "maximum aggregate face amount" means five million dollars ($5,000,000),
(d) "qualified tax Credit bonds "means any qualified tax credit bond (as defined in
Section 54A(d) of the Code) or any "build America bond" that Is not a qualified bond
under Section 6431 of the Code and (e) "direct pay bonds" means any bond treated as a
qualified bond as defined in Section 6431 of the Code. As of the date hereof, no
tax- exempt bonds, qualified tax credit bonds, direct pay bonds or other obligations
subject to arbitrage restrictions (other than the Bonds) have been issued by the Village,
any entity that issues bonds on behalf of the Village or any entity subject to Control by
the Village during the calendar year 2014. The Village does not reasonably expect that it,
any entity that issues bonds on behalf of the Village or any entity subject to Control by
the Village (including but not limited to the Village) will issue any tax- exempt bonds,
qualified tax credit bonds, direct pay bonds or other obligations subject to arbitrage
restrictions within calendar year 2014. Therefore, subject to compliance with all the
terms and provisions hereof, the Village is excepted from the required rebate of arbitrage
profits on the Bonds under Section 148(f)(4)(D) of the Code and from the terms and
provisions of this Ordinance that need only be complied with if the Village is subject to
the arbitrage rebate requirement.
5.1. Issue Price. For purposes of determining the Yield on the Bonds, the
purchase price of the Bonds is equal to the first offering price (including accrued interest)
at which the Purchaser reasonably expected to sell at least ten percent of the principal
amount of each maturity of the Bonds to the public (excluding bond houses, brokers or
similar persons or organizations acting in the capacity of underwriters, placement agents
or wholesalers). All of the Bonds have been the subject of a bona fide initial offering to
the public (excluding bond houses, brokers, or similar persons or organizations acting in
the capacity of underwriters, placement agents or wholesalers) at prices equal to those set
forth in the Official Statement. Based upon prevailing market conditions, such prices are
- not less than the fair market value of each Bond as of the sale date for the Bonds.
5.2. Yield Limits. Except as provided in paragraph (a) or (b), all Gross Proceeds
shall be invested at market prices and at a Yield (after taking into account any Yield
Reduction Payments) not in excess of the Yield on the Bonds plus, if only amounts in the
Project Fund are subject to this yield limitation, 1 /8th of one percent.
The following may be invested without Yield restriction:
(a)(i) amounts on deposit in the Bond Fund (except for capitalized interest
and any Reserve Portion of the Bond Fund) that have not been on deposit under
the Ordinance for more than 13 months, so long as the Bond Fund (other than the
Reserve Portion of the Bond Fund) continues to qualify as a bona fide debt
service fiord as described in paragraph 3? hereof,
(ii) amounts on deposit in the Project Fund that are reasonably expected
to pay for the costs of the Project, costs of issuance of the Bonds, or interest on
the Bonds during the three year period beginning on the date of issue of the Bonds
prior to three years after Closing,
(iii) amounts in the Bond Fund to be used to pay capitalized interest on
the Bonds prior to the earlier of three years after Closing or the payment of all
capitalized interest;
(b)(i) An arnount not to exceed the lesser of one hundred dollars (5100,000)
or five percent (5 %) of the Sale Proceeds;
(ii) amounts invested in Qualified Tax Exempt Obligations (to the extent
permitted by law and this Ordinance):
(iii) amounts in the Rebate Fund;
(iv) all amounts other than Sale Proceeds for the first 30 days after they
become Gross Proceeds; and
(v)
all amounts derived from
the investment
of Sale Proceeds or
investment
earnings thereon for a period
of one year from
the date received.
5.3. Continuing Nature of field Limits. Except as provided in paragraph 7.10
hereof, once moneys are subject to the Yield limits of paragraph 5.2 hereof, such moneys
remain Yield restricted until they cease to be Gross Proceeds.
5.4. Federal Guarantees. Except for investments meeting the requirements of
paragraph 5.2(a) hereof, investments of Gross Proceeds shall not be made in
(a) investments constituting obligations of or guaranteed, directly or indirectly, by the
United States (except obligations of the United States Treasury, or investments in
obligations issued pursuant to Section21B(d)(1) of the Federal Home Loan Bank; as
amended (e.g., Refcorp Strips)); or -(b) federally insured deposits or accounts (as defined -
in Section 149(b)(4)(B) of the Code). Except as otherwise permitted in the immediately
prior sentence and in the Regulations, no portion of the payment of principal or interest
on the Bonds or any credit enhancement or liquidity device relating to the foregoing is or
will be guaranteed, directly or indirectly (in whole or in part), by the United States (or
any agency or instrumentality thereof'), including a lease, incentive payment, research or
output contract or any similar arrangement, agreement or understanding with the United
States or any agency or instrumentality thereof. No portion of the Gross Proceeds has
been or will be used to make loans the payment of principal or interest with respect to
which is or will be guaranteed (in whole or in part) by the United States (or any agency or
instrumentality thereof). Neither this paragraph nor paragraph 5.5 hereof applies to any
guarantee by the Federal Housing Administration, the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, the Government rational
Mortgage Association, the Student Loan Marketing Association or the Bonneville Power
Administration pursuant to the Northwest Power Act (16 U.S.C. 839d) as in effect on the
date of enactment of the Tax Reform Act of 1984.
S.S. Investnxents After the Expiration of Temporary Periods; Etc. After the
expiration of the temporary period set forth in paragraph 5.2(a)(ii) hereof, amounts in the
Project Fund may not be invested in (i) federalIy insured deposits or accounts (as defined
in Section 149(b)(4)(B) of the Code) or (ii) investments constituting obligations of or
guaranteed, directly or indirectly, by the United States (except obligations of the United
States Treasury or investments in obligations issued pursuant to Section 21B(d)(3) of the
Federal Home Loan Bank Act, as amended (e.g., Refcorn Strips). Any other amounts
that are subject to the yield limitation in paragraph 5.2 hereof because paragraph 5.2(a)
hereof is not applicable and amounts not subject to yield restriction only because they are
described in paragraph 5.2(b) hereof, are also subject to the limitation set forth in the
preceding sentence.
6.1. Payment and Use Tests. (a) No more than five percent of the Sale Proceeds
plus investment earnings thereon will be used, directly or indirectly, in whole or in part,
in any Private Business Use. The Village acknowledges that, for purposes of the
preceding sentence, Gross Proceeds used to pay costs of issuance and other common
costs (such as capitalized interest and fees paid for a qualified guarantee or qualified
hedge) or invested in a reserve or replacement fund must be ratably allocated among all
the purposes for which Gross Proceeds are being used.
(b) The payment of more than five percent (5 %) of the principal of or the
interest on the Bonds will not be, directly or indirectly (i) secured by any interest in
(A) property used or to be used in any Private Business Use or (B) payments in respect of
such property or (ii) on a present value basis, derived from payments (whether or not to
the Village or a member of the same Controlled Group as the Village) in respect of
property, or borrowed money, used or to be used in any Private Business Use.
(c) No more than the lesser of five percent (5 %) of the sum of the Sale Proceeds
and investment earnings thereon or five million dollars ($5,000,000) will be used,
directly or indirectly, to make or finance loans to any persons. The Village acknowledges --
34 _ _- _
that, for purposes of the preceding sentence, Gross Proceeds used to pay costs of issuance
and other common costs (such as capitalized interest and fees paid for a qualified
guarantee or qualified hedge) or invested in a reserve or replacement fund must be ratably
allocated among all the purposes for which Gross Proceeds are being used.
(d) No user of the Project other than a state or local governmental unit will use
more than five percent of the Project, in the aggregate, on any basis other than the same
basis as the general public.
6.2 I.R.S. Form 8038 -G. The information contained in the Information Return
for Tax - Exempt Govennnental Obligations, Form 8038 -G, is true and complete. The
Village will file Form 8038 -G (and all other required information reporting forms) in a
timely manner.
63. Bank Oualif cation. (a) The Village hereby designates each of the Bonds as
a "qualified tax- exempt obligation's for the purposes and within the meaning of
Section 265(b)(3) of the Code. In support of such designation, the Village hereby
certifies that (i) none of the Bonds will be at anytime a "private activity bond" (as defined
in Section 141 of the Code), (ii) as of the date hereof in calendar year 2014, other than the
Bonds, no tax - exempt obligations of any kind have been issued (x) by or on behalf of the
Village, (y) by other issuers any of the proceeds of which have been or will be used to
make any loans to the Village or (z) any portion of which has been allocated to the
Village for purposes of Section 265(b) of the Code and (iii) not more than $10,000,000 of
obligations of any kind (including the Bonds) issued (x) by or on behalf of the Village,
(y) by other issuers any of the proceeds of which have been or will be used to make any
loans to the Village or (z) any portion of which has been allocated to the Village for
purposes of Section 265(b) of the Code during calendar year 2014 will be designated for
purposes of Section 265(h)(3) of the Code.
(b) The Village is not subject to Control by any entity, and there are no entities
subject to Control by the Village.
(c) On the date hereof, the Village does not reasonably anticipate that for
calendar year 2014 it will issue, have another entity issue on behalf of the Village,
borrow the proceeds of or have allocated to the Village for purposes of Section 265(b) of
the Code more than $10,000,000 Section265 Tax - Exempt Obligations (including the
Bonds). "Section 265 Tax- Exempt Obligations" are obligations the interest on which is
excludable from gross income of the owners thereof under Section 103 of the Code,
except for private activity bonds other than qualified 501(c)(3) bonds, both as defined in
Section 141 of the Code. The Village will not, in calendar year 2014 issue, permit the
issuance on behalf of it or by any entity subject to Control by the Village (which may
hereafter come into existence), borrow the proceeds of or have allocated to it for purposes
of Section 265(b) of the Code Section 265 Tax - Exempt Obligations (including the
Bonds) that exceed the aggregate amount of $10,000,000 during calendar year 2014
unless it first obtains an opinion of Bond Counsel to the effect that such issuance,
borrowing or allocation will not adversely affect the treatment of-the Bonds as , "qualified
_- _ -3e-
tax - exempt obligations" for the purpose and within the meaning of Section 265(b)(3) of
the Code.
(d) The Bonds have not been sold in conjunction with any other obligation.
7 L Termination. Interest of Village in Rebate Fund. The terns and provisions
set forth in this Section shah terminate at the later of (a) seventy -five (',5) days after the
Bonds have been fully paid and retired or (b) the date on which all amounts remaining on
deposit in the Rebate Fund, if any, shall nave been paid to or upon the order of the United
States and any other payments required to satisfy the Rebate Provisions of the Code have
been made to the United States. Notwithstanding the foregoing, the provisions of
paragraphs 4.3, 4.4(c) and 7.9 hereof shall not terminate until the third anniversary of the
date the Bonds are fully paid and retired.
7.2. Separate Issue. Since a date that is fifteen (15) days prior to the date of sale
of the Bonds by the Village to the Purchaser, neither the Village nor any member of the
same. Controlled Group as the Village has sold or delivered any tax- exempt obligations
other than the Bonds that are reasonably expected to be paid out of substantially the same
source of funds as the Bonds. Neither the Village nor any member of the same
Controlled Group as the Village will sell or deliver within fifteen (15) days after the date
of sale of the Bonds any tax- exempt obligations other than the Bonds that are reasonably
expected to be paid out of substantially the same source of funds as the Bonds.
7.3, No Sale of the Project. (a) Other than as provided in the next sentence,
neither the Project nor any portion thereof has been, is expected to be, or will be sold or
otherwise disposed of, in whole or in part, prior to the earlier of (i) the last date of the
reasonably expected economic life to the Village of the property (determined on the date
of issuance of the Bonds) or (ii) the last maturity date of the Bonds. The Village may
dispose of personal property in the ordinary course of an established govermnent program
prior to the earlier of (i) the last date of the reasonably expected economic life to the
Village of the property (determined on the date of issuance of the Bonds) or (ii) the last
maturity of the Bonds, provided: (A) the weighted average maturity of the Bonds
financing the personal property is not greater than 120 percent of the reasonably expected
actual use of that property for governmental purposes; (B) the Village reasonably expects
on the issue date that the fair market value of that property on the date of disposition will
be not greater than twenty -five percent (25 %) of its cost; (C) the property is no Ionger
suitable for its governmental purposes on the date of disposition; and (D) the Village
deposits amounts received from the disposition in a commingled fiord with substantial tax
or other governmental revenues and the Village reasonably expects to spend the amounts
on governmental programs within six months from the date of the commingling.
(b)
The Village
acknowledges
that if Bond - financed property is sold or
otherwise
disposed of in a
manner contrary to (a) above, such sale or disposition may
constitute
a "deliberate action"
within the
meaning of the Regulations that may require
remedial actions
to prevent
the Bonds from
becoming private activity bonds. The Village
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__� v
shall promptly contact Bond Counsel if a sale or other disposition of Bond- financed
property is considered by the Village.
7.4. Purchase of Bonds by Village, The Village will not purchase any of the
Bonds except to cancel such Bonds.
7.5. Final 11lfaturity. The period between the date of Closing and the final
maturity of the Bonds is not more than 10 %z years.
T 6. Registered Form. The Village recognizes that Section 149(a) of the Code
requires the Bonds to be issued and to remain in filly registered form in order that
interest thereon be exempt from federal income taxation under laws in force at the time
the Bonds are delivered. In this connection, the Village agrees that it will not take any
action to permit the Bonds to be issued in, or converted into, bearer or coupon form.
7.7. First Amendment. The Village acknowledges and agrees that it will not use,
or allow the Project to be used, in a manner which is prohibited by the Establishment of
Religion Clause of the First Amendment to the Constitution of the United States of
America or by any comparable provisions of the Constitution of the State of Illinois.
7.8. Future Events. The Village acknowledges that any changes in facts or
expectations from those set forth herein may result in different Yield restrictions or rebate
requirements from those set forth herein. The Village shall promptly contact Bond
Counsel if such changes do occur.
7.9. Records Retention, The Village agrees to keep and retain or cause to be
kept and retained sufficient records to support the continued exclusion of the interest paid
on the Bonds from federal income taxation, to demonstrate compliance with the
covenants in this Ordinance and to show that all tax returns related to the Bonds
submitted or required to be submitted to the IRS are correct and timely filed. Such
records shall include, but are not limited to, basic records relating to the Bond transaction
(including this Ordinance and the Bond Counsel opinion); documentation evidencing the
expenditure of Bond proceeds; documentation evidencing the use of Bond - financed
property by public and private entities (i.e., copies of leases, management contracts and
research agreements); docuunentation evidencing all sources of payment or security for
the Bonds; and documentation pertaining to any investment of Bond proceeds (including
the information required under paragraphs 4.3 and 4.4 hereof and in particular
information related to the purchase and sale of securities, SLGs subscriptions, yield
calculations for each class of investments, actual investment income received from the
investment of proceeds, guaranteed investment contracts and documentation of any
bidding procedure related thereto and any fees paid for the acquisition or management of
investments and any rebate calculations). Such records shall be kept for as long as the
Bonds are outstanding, plus three (3) years after the later of the 'final payment date of the
Bonds or the final payment date of any obligations or series of obligations issued to
refund directly or indirectly all or any portion of the Bonds.
7.10. Permitted Changes, Opinion of Bond Counsel. The Yield restrictions
contained in paragraph 5.2 hereof or any other restriction or covenant contained herein
need not be observed or may be changed if such nonobservance or change will not result
in the loss of any exemption for the purpose of federal income taxation to which interest
on the Bonds is otherwise entitled and the Village receives an opinion of Bond Counsel
to such effect. Unless the Village otherwise directs, such opinion shall be in such form
and contain such disclosures and disclaimers as may be required so that such opinion will
not be treated as a covered opinion or a state or local bond opinion for purposes of
Treasury Department regulations governing practice before the IRS (Circular 230)
31 C.F.R. pt. 10.
7.11. Successors and Assigns, The terms, provisions, covenants and conditions of
this Section shall bind and inure to the benefit of the respective successors and assigns of
the Board and the Village.
7.12. Expectations. The Board has reviewed the facts, estimates and
circumstances in existence on the date of issuance of the Bonds. Such facts. estimates
and circumstances, together with the expectations of the Village as to future events, are
set forth in summary form in this Section. Such facts and estimates are true and are not
incomplete in any material respect. On the basis of the facts and estimates contained
herein, the Village has adopted the expectations contained herein. On the basis of such
facts, estimates, circumstances and expectations, it is not expected that Sale Proceeds,
investment earnings thereon or any other moneys or property will be used in a manner
that will cause the Bonds to be arbitrage bonds within the meaning of the Rebate
Provisions and the Regulations. Such expectations are reasonable and there are no other
facts, estimates and circumstances that would materially change such expectations.
The Village also agrees and covenants with the purchasers and holders of the Bonds from
time -to -time outstanding that, to the extent possible trader Illinois law, it will comply with
whatever federal tax law is adopted in the future which applies to the Bonds and affects the
tax - exempt status of the Bonds.
The Board hereby authorizes the officials of the Village responsible for issuing the
Bonds, the same being the President, Village Clerk and Village Treasurer, to make such further
covenants and certifications as may be necessary to assure the use thereof will not cause the
Bonds to be arbitrage bonds and to assure the interest on the Bonds will be exempt from federal
income taxation. In connection therewith, the Village and the Board further agree: (a) through
their officers„ to make such further specific covenants, representations as shall be truthful, and
assurances as may be necessary or advisable; (b) to consult with counsel approving the Bonds
and to comply with such advice as may be given; (c) to pay to the United States, as necessary,
such sums of money representing required rebates of excess arbitrage profits relating to the
Bonds; (d) to file such forms, statements, and supporting documents as may be required and in a
timely manner; and (e) if deemed necessary or advisable by their officers, to employ and pay
fiscal agents, financial advisors, attorneys, and other persons to assist the Village in such
compliance.
Section 14. List of Bondholders. The Bond Registrar shall maintain a list of the names
and addresses of the holders of all Bonds and upon any transfer shall add the name and address
of the new Bondholder and eliminate the name and address of the transferor Bondholder.
Section 15. Rights and Duties of Bond Registrar and Paying llgen,t. If requested by the
Bond Registrar or the Paying Agent, or both, any officer of the Village is authorized to execute
standard forms of agreements between the Village and the Bond Registrar or Paying Agent with
respect to the obligations and duties of the Bond Registrar or Paying Agent hereunder. In
addition to the terms of such agreements and subject to modification thereby, the Bond Registrar
and Paying Agent by acceptance of duties hereunder agree:
(a) to act as bond registrar, paying agent, authenticating agent, and transfer
agent as provided herein;
(b) as to the Bond Registrar, to maintain a list of Bondholders as set forth herein
and to furnish such list to the Village upon request, but otherwise to keep such list
confidential to the extent permitted by law;
(c) as to the Bond Registrar, to cancel and /or destroy Bonds which have been
paid at maturity or submitted for exchange or transfer;
(d) as to the Bond Registrar, to furnish the Village at least annually a certificate
with respect to Bonds cancelled and /or destroyed; and
(e) to furnish the Village at least aimually an audit confirmation of Bonds paid,
Bonds outstanding and payments made with respect to interest on the Bonds.
The Village Cleric of the Village is hereby directed to file a certified copy of this
Ordinance with the Bond Registrar and the Paying Agent.
.Section 16. Continuing Disclosure Undertaking "Section 16. Continuing
Disclosure Undertaking" \i 1 . The President is hereby authorized, empowered, and directed to
execute and deliver a Continuing Disclosure Undertaking under Section (b)(5) of Rule 15c2 -12
adopted by the Securities and Exchange Commission pursuant to the Securities Exchange Act of
1934, as amended (the "Continuing Disclosure Undertaking"). When the Continuing Disclosure
Undertaking is executed and delivered on behalf of the Village as herein provided, the
Continuing Disclosure Undertaking will be binding on the Village and the officers, employees
and agents of the Village, and the officers, employees and agents of the Village are hereby
authorized, empowered and directed to do all such acts and things and to execute all such
documents as may be necessary to carry out and comply with the provisions of the Continuing
Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the
sole remedies for failure to comply with the Continuing Disclosure Undertaking shall be the
ability of the beneficial owner of any Bond to seek mandamus or specific performance by court
order, to cause the Village to comply with its obligations under the Continuing Disclosure
Undertaking.
Section 1 y. Record - Keeping Policy and Post- Issuance Contl)liance MattersError!
Bookmark not defined.. It is necessary and in the best interest of the Village to maintain
sufficient records to demonstrate compliance with its covenants and expectations to ensure the
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appropriate federal tax status for the Bonds and other debt obligations of the Village, the interest
on which is excludable from "gross income" for federal income tax purposes or which enable the
Village or the holder to receive federal tax benefits, including, but not limited to, qualified tax
credit bonds and other specified tax credit bonds (including the Bonds, the "Tax Advaniaged
Obligations "). Further, it is necessary and in the best interest of the Village that (i) the Board
adopt policies with respect to record - keeping and post issuance compliance with the Village's
covenants related to its Tax Advantaged Obligations and (ii) the Compliance Officer (as
hereinafter defined) at least annually review the Village's Contracts (as hereinafter defined) to
determine whether the Tax Advantaged Obligations comply with the federal tax requirements
appiicable to each issue of the Tax Advantaged Obligations. The Board and the Village hereby
adopt the following Record- Keeping Policy and, in doing so, amend any similar Record - Keeping
Policy or Policies heretofore adopted:
(a) Compliance Officer is Responsible for Records. The Finance Director of the
Village (the "Compliance Of ") is hereby designated as the keeper of all records of
the Village with respect to each issue of the Tax Advantaged Obligations, and such
officer shall report to the Board at Ieast annually that he /she has all of the required
records in his /her possession, or is taking appropriate action to obtain or recover such
records.
(b) Closing Transcripts. For each issue of Tax Advantaged Obligations, the
Compliance Officer shall receive, and shall keep and maintain, a true, correct and
complete counterpart of each and every document and agreement delivered in connection
with the issuance of the Tax Advantaged Obligations, including without limitation (i) the
proceedings of the Village authorizing the Tax Advantaged Obligations, (ii) any offering
document with respect to the offer and sale of the Tax Advantaged Obligations, (iii) any
legal opinions with respect to the Tax Advantaged Obligations delivered by any lawyers,
and (iv) all written representations of any person delivered in connection with the
issuance and initial sale of the Tax Advantaged Obligations.
(c) Arbitrage Rebate Liability. The Compliance Officer shall review the
agreements of the Village with respect to each issue of Tax Advantaged Obligations and
shall prepare a report for the Board stating whether or not the Village has any rebate
liability to the United States Treasury, and setting forth any applicable exemptions that
each issue of Tax Advantaged Obligations may have from rebate liability. Such report
shall be updated annually _and -delivered to the Board. --
(d) Recommended Records. The Compliance Officer shall review the records
related to each issue of Tax Advantaged Obligations and shall determine what
requirements the Village must meet in order to maintain the tax - exemption of interest
paid on its Tax Advantaged Obligations, its entitlement to direct payments by the United
States Treasury of the applicable percentages of each interest payment due and owing on
its Tax Advantaged Obligations, and applicable tax credits or other tax benefits arising
from its Tax Advantaged Obligations. The Compliance Officer shall then prepare a list
of the contracts, requisitions, invoices, receipts and other information that may be needed
in order to establish that the interest paid on the Tax Advantaged Obligations is entitled
to be excluded from "gross income" for federal income tax purposes, that the Village is
entitled to receive from the United States Treasury direct payments of the applicable
percentages of interest payments coming due and owing on its Tax Advantaged
Obligations, and the entitlement of holders of any Tax Advantaged Obligations to any tax
credits or other tax benefits, respectively. Notwithstanding any other policy of the
Village, such retained records shall be kept for as long as the Tax Advantaged
Obligations relating to such records (and any obligations issued to refund the Tax
Advantaged Obligations) are outstanding, plus three years, and shall at least include:
(i) complete copies of the transcripts delivered when any issue of Tax
Advantaged Obligations is initially issued and sold;
(ii) copies of account statements showing the disbursements of all Tax
Advantaged Obligation proceeds for their intended purposes, and records showing
the assets and other property financed by such disbursements;
(iii) copies of account statements showing all investment activity of any
and all accounts in which the proceeds of any issue of Tax Advantaged
Obligations has been held or in which funds to be used for the payment of
principal of or interest on any Tax Advantaged Obligations has been held, or
which has provided security to the holders or credit enhancers of any Tax
Advantaged Obligations;
(iv) copies of all bid requests and bid responses used in the acquisition of
any special investments used for the proceeds of any issue of Tax Advantaged
Obligations, including any swaps, swaptions, or other financial derivatives
entered into in order to establish that such instruments were purchased at fair -
market value;
(v) copies of any subscriptions to the united States Treasury for the
purchase of State and Local Government Series (SLGS) obligations;
(vi) any calculations of liability for arbitrage rebate that is or may
become due with respect to any issue of Tax Advantaged Obligations, and any
calculations prepared to show that no arbitrage rebate is due, together, if
applicable, with account statements or cancelled checks showing the payment of
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any
rebate amounts to the United
States Treasury together
with any applicable
IRS
Form 8038 -T; and
(vii) copies of all contracts and agreements of the Village, including any
leases (the "Contracts"), with respect to the use of any property owned by the
Village and acquired, constructed or otherwise financed or refinanced with the
proceeds of the Tax Advantaged Obligations effective at any time when such Tax
Advantaged Obligations are, will or have been outstanding. Copies of contracts
covering no more than 50 days of use and contracts related to Village employees
need not be retained.
(e) IRS Examinations or Inquiries. In the event the IRS commences an
examination of any issue of Tax Advantaged. Obligations or requests a response to a
compliance check, questionnaire or other inquiry, the Compliance Officer shall inform
the Board of such event, and is authorized to respond to inquiries of the IRS, and to hire
outside, independent professional counsel to assist in the response to the examination or
inquiry.
(f) Annual Review. The Compliance Officer shall conduct an annual review of
the Conn-acts and other records to determine for each issue of Tax Advantaged
Obligations then outstanding whether each such issue complies with the federal tax
requirements applicable to such issue, including restrictions on private business use
private payments and private loans. The Compliance Officer is expressly authorized,
without further official action of the Board, to hire outside, independent professional
counsel to assist in such review. To the extent that any violations or potential violations
of federal tax requirements are discovered incidental to such review, the Compliance
Officer may make recommendations or take such actions as the Compliance Officer shall
reasonably deem necessary to assure the timely correction of such violations or potential
violations through remedial actions described in the United States Treasury Regulations,
or the Tax Exempt Bonds Voluntary Closing Agreement Program descr bed in 'Ireasury
Notice 2008 -31 or similar program instituted by the IRS.
(g) Training. The Compliance Officer shall undertake to maintain reasonable
levels of knowledge concerning the rules related to tax - exempt bonds (and build America
bonds and tax credit bonds to the extent the Village has outstanding build America bonds
or tax - credit bonds) so that such officer may fulfill the duties described in this Section.
The Compliance Office
r may consult with counsel, attend conferences and presentations
of trade groups, read materials posted on various web sites, including the web site of the
Tax Exempt Bond function of the IRS, and use other means to maintain such knowledge.
Recognizing that the Compliance Officer may not be fully knowledgeable in this area. tine
Compliance Officer may consult with outside counsel, consultants and experts to assist
him or her in exercising his or her duties hereunder. The Compliance Officer will
endeavor to make sure that the Village's staff is aware of the need for continuing
compliance. The Compliance Officer will provide copies of this Ordinance and the Tax
Exemption Certificate and Agreement or other applicable tax documents for each series
of Tax Advantaged Obligations then currently outstanding (the "Taxi Agreements ") to _
_ �.-
staff members who may be responsible for taking actions described in such documents.
The Compliance Officer should assist in the education of any new Compliance Officer
and the transition of the duties under these procedures. The Compliance Officer will
review this Ordinance and each of the Tax Agreements periodically to detenline if there
are portions that need further explanation and, if so, will attempt to obtain such
explanation from counsel or from other experts, consultants or staff.
(h) Amendment and Waiver. The procedures described in this Section are only
for the benefit of the Village. No other person (including an owner of a Tax Advantaged
Obligation) may rely on the procedures included in this Section. The Village may amend
this Section and any provision of this Section may be waived, without the consent of the
holders of any Tax Advantaged Obligations and as authorized by passage of an ordinance
by the Board. Additional procedures may be required for Tax Advantaged Obligations
the proceeds of which are used for purposes other than capital governmentally owned
projects or refundings of such, including tax increment financing bonds, bonds financing
output facilities, bonds financing working capital, or private activity bonds. The Village
also recognizes that these procedures may need to be revised in the event the Village
enters into any derivative products with respect to its Tax Advantaged Obligations.
Section 18. Severability "Section 18. Severability" \I 1 . If any section, paragraph,
clause or provision of this Ordinance shall be held iinvalid, the invalidity of such section,
paragraph, clause or provision shall not affect any of the other provisions of this Ordinance.
Section 19. Repealer "Section 19. Repealer" `1 l . All ordinances, resolutions or
orders, or parts thereof, in conflict with the provisions of this Ordinance are to the extent of such
conflict hereby repealed.
-
_ ,'-
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Section 20. Effective Date "Section 20. Effective Date" d 1 . This Ordinance shall
be in full force and effect immediately upon its passage and approval.
Witko
AYES: Bill Great, Sheldon Marcus, John Pietron, John Thill, Maria Toth, and Janine
NAYS: None
ABSENT: None
ADOPTED: March 10, 2014
APPROVED: March 10, 2014
Daniel P. DiMaria, Village President,
Village of Morton Grove
Cook County, Illinois
Recorded in Village Records: March 1.0. 2014.
Published in pamphlet form by authority of the President and Board of Trustees on March
10, 2014.
ATTEST:
Ed Ramos, Village Cleric
Village of Morton Grove,
Cook County, Illinois
EXTRACT of MINUTES of a regular public meeting of the President
and Board of Trustees of the Village of Morton Grove, Cook
County, Illinois, held at the Richard T. Flickinger Municipal
Center, located at 6101 Capulina Avenue, in said Village, at
7:00 o'clock p.m., on the 10th day of March 2014.
The meeting was called to order by the President, Daniel P. DiMaria, and upon the roll
being called, the President called the meeting to order and directed Village Clerk Ed Ramos of
the Village to call the roll.
Upon roll call, the President and following Trustees answered present at the aforesaid
location: Bill Great, Sheldon Marcus, John Pietron, John Thill, Maria Toth and Janine Witko.
The following Trustees were allowed by a majority of the members of the President and
Board of Trustees in accordance with and to the extent allowed by rules adopted by the President
and Board of Trustees to attend the meeting by video or audio conference: None
No Trustee was not permitted to attend the meeting by video or audio conference.
The following Trustees were absent and did not participate in the meeting in any manner
or to any extent whatsoever: None
Trustee presented for a first reading, and made available to the Trustees
and interested members of the public, complete copies of an ordinance entitled:
AN ORDINANCE providing for the issuance of $1,400,000 General
Obligation Bonds, Series 2014, of the Village of Morton Grove,
Cook County, Illinois, to fund general municipal improvements
within said Village including, but not limited to, the acquisition of
a fire truck, and providing for the levy of a direct annual tax
sufficient to pay the principal of and interest on said bonds.
(the "Bond Ordinance
Trustee moved and "Trustee seconded the motion the Bond
Ordinance as presented be adopted.
_.. �2- 16182- -
A Board discussion
of the
matter followed.
During
the Board discussion, Trustee
gave a public
recital
of the nature of the
matter,
which included a reading of the
title of the Bond Ordinance and statements that (l) the Bond Ordinance provides to,- the issuance
of General Obligation Bonds to fund general municipal improvements within the Village,
including the acquisition of a fire truck and to pay bond issuance costs, (2) the bonds are issuable
without referendum pursuant to the home rule powers of the Village, (3) the Bond Ordinance
provides for the levy of taxes sufficient to pay the bonds, and (4) the Bond Ordinance provides
many details for the bonds, including tax - exempt status covenants, provision for tenus and form
of the bonds, and appropriations.
The President directed the roll be called for a vote upon the motion to adopt the Bond
Ordinance.
Upon the roll being called, the following Trustees voted AvE: Bill Great, Sheldon
Marcus, John Pietron, John Thill, Maria Toth, and Janine Witko, and the following Trustees
voted NAY: None
WHEREUPON, the President declared the motion carried and the Bond Ordinance adopted,
and henceforth did approve and sign the same in the open meeting, and thusly directed the
Village Clerk to record the same in full in the records of the President and Board of Trustees of
the Village of Morton Grove, Cook County, Illinois.
Other business was duly transacted at said meeting.
Upon motion duly made and carried, tine meeting adjourned.
Ed Ramos, Village Clerk
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
CERTIFICATION OF MINUTES AND ORDINANCE;
I, the undersigned, do hereby certify that I am the duly qualified and acting Village Clerk of the Village
of Morton Grove, Cook County, Illinois (the "Village "), and as such official I am the keeper of the official
journal of proceedings, books, records, minutes and files of the Village and of the President and Board of
Trustees (the "Board ") thereof.
I do further
certify the
foregoing is a full,
true and complete transcript of that portion of the minutes of
the meeting of the
Board held
on the 10'h day of
March 20I4 insofar as the same relates to the adoption of an
ordinance, entitled:
AN ORDINANCE providing for the issuance of $1,400,000
Bonds, Series 2014, of the Village of Morton Grove, Cook
fund general municipal improvements within said Village
limited to, the acquisition of a lire truck, and providing for
annual tax sufficient to pay the principal of and interest on sai�
General Obligation
County.. Illinois, to
including, but not
the levy of a direct
I bonds,
a true, correct and complete copy of which
said ordinance as adopted at said
meeting appears
in the foregoing
transcript of the minutes of said meeting.
I do further certify the deliberations of the Board on the adoption of said ordinance were conducted
openly; the vote on the adoption of said ordinance was taken openly; said meeting was called and held at a
specified time and place convenient to the public; notice of said meeting was duly given to all of the news
media requesting such notice.; that an agenda for said meeting was posted at the location where said meeting
was held and at the principal office of the Board at least 72--hours in advance of the holding of said mceting; at
least one copy of said agenda was continuously available for public review during the entire 72 hour period
preceding said meeting; a true, correct and complete copy of said agenda(s) as so posted is attached hereto as
Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Open Meetings
Act of the State of Illinois, as amended, and the Board has complied with all of the provisions of said Act and
with all of the procedural rules of the Board in the adoption of said ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the Village this 10t' day of
March 2014.
[SEAL]
[,A. ACx HI9IT A]
Ed Ramos, Village Clerk
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
CERTIFICATE OF PUBLICATION IN PAMPHLET Fojim
I, the cnrdersigned, do hereby certify I am the duly qualified and acting Village -Clerk of
the Village of Morton Grove, Cook County, Illinois (the "Pillage "), and as such official I arh the
keeper of the official journal of proceedings, books, records, minutes, and files of the Village and
of the President and Board of Trustees (the "Board") of the Village.
I do further certify on the IO`s day of March 2014 there was published in pamphlet form,
by authority of the Board, a true, correct, and complete copy of Ordinance Number 14 -02 of the
Village entitled:
AN ORDINANCE providing for the issuance of $1,400,000 General
Obligation Bonds, Series 2014, of the Village of ?Morton Grove,
Cook County. Illinois, to fund general municipal improvements
within said Village including, but not limited to, the acquisition of
a fire truck, and providing for the levy of a direct annual tax
sufficient to pay the principal of and interest on said bonds.
and providing for the issuance of said bonds, and that the ordinance as so published was on that
date readily available for public inspection and distribution, in sufficient number so as to meet
the needs of the general public, at my office as Village Cleric located in the Village.
IN WITN=ESS WHEREOF I have affixed hereto my official signature and the seal of the
Village this IO'h day of March 2014,
[ SEAL]
Bd Ramos, Village Clerk
STATE OF ILLINOIS
) SS
COUNTY OF COOT{ )
CERTIFICATE OE' FILING
L the undersigned, do hereby certify I am the duly qualified and acting County Clerk of
the County of Cook, Illinois, and as such officer I do hereby certify on the _ day of
2014, there was fled in my office a properly certified copy of Ordinance Number
14 -02 passed by the President and Board of Trustees of the Village of Morton Grove, Cook
County, Illinois, on the 10`h day of March 2014 and entitled:
AN ORDINANCE providing for the issuance of $1,400,000 General
Obligation Bonds, Series 2014, of the Village of Morton Grove,
Cook County, Illinois, to fund general municipal improvements
within said Village including, but not limited to, the acquisition of
a fire truck, and providing for the levy of a direct annual tax
sufficient to pay the principal of and interest on said bonds.
and that the same has been deposited in, and all as appears from, the official files and records of
My office.
IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of the
County of Cook, Illinois, this day of 2014.
[SEAL]
County Cleric of The County of Cook, Illinois
Leuislative Summary
AGGREGATION OF AN ELECTRICAL LOAD AND THE CONTINUATION OF
AN ELECTRIC AGGREGATION PLAN OF OPERATION AND GOVERNANCE
Introduced:
February 24, 2014
Synopsis:.
1 This ordinance will authorize the Village to continue to operate an electric aggregation program
as an "opt -out program" for residential and small commercial retail customers.
Purpose:
j The operation of an electrical aggregation program has saved money for Village residents and
small businesses substantially for the purchase of electricity.
Background:
I
The State Legislature amended the Illinois Power Agency Act to allow municipalities to
aggregate the electrical load (supplies) in order to obtain group pricing which has saved 7,600
residences and small businesses an average of $243 per household and $1,805,000 throughout the
community. This law allows the Village to operate the program as an opt -out program (which
will provide all residential customers and small businesses to be automatically pa of fhe group
purchase program but may opt -out if they so desire. Village residents in 2012 approved a
referendum on March 20, and subsequently held two public hearings on April 23 and May 14,
2012. This ordinance will now approve the continuation of the Electric Aggregation Plan
Operation and Governance with the help of NIMEC. As in the past, the electric aggregation will
occur automatically for each residential or small retail business customer unless they
affirmatively opt -out of the program. In other words, residents do not need to do anything to take
advantage, of any savings achieved through this program.
Programs, Departs
Administration and Legal Departments
or Groups Affected
Fiscal Impact:
While there is no guarantee as to savings, it is anticipated residents and small businesses will
continue to see a cost savings on their electrical supply.
Source of Funds:
N/A
i
Workload Impact:
The Village Administrator and Corporation Counsel will continue to oversee the plan.
Admin Recommend:
i
Approval as presented
Second Reading:
March I0, 2014
Special Consider or
I None
Requirements:
i
/ Ryan,;t. ,ld ornk5f V illage Administrator
Prepared by %L
I , �.Teresa Hoffman UAI& , Corporation Counsel
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home
rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can
exercise any power and perform any function pertaining to its goverment affairs, including but not limited
to the power to tax and incur debt; and
WHEREAS, a couple of years ago, the Illinois Power Agency Act, Chapter 20, Illinois Compiled
Statutes, Act 3855, added Section 1 -92 entitled Aggregation of Electrical Load by Municipalities and
Counties (hereinafter referred to as the "Act "); and
WHEREAS, under the Act, the Village may operate an Aggregation Program as an opt -out program
for residential and small commercial retail customers if a referendum is passed by a majority vote of the
residents pursuant to the Act's requirements; and
WHEREAS, the Village submitted the question in a referendum on March 20, 2012, and a majority
of the electors voted on the question in the affirmative; and
WHEREAS, the Corporate Authorities hereby find it is in the best interest of the Village to continue
to operate the Aggregation Program under the Act as an opt -out program, and
WHEREAS, the Act required prior to the implementation of an opt -out electrical Aggregation
Program by the Village, the Village to adopt an electrical power aggregation plan of operation and
governance and hold not less than two (2) public hearings which it did on April 23, 2012, and May 14,
2012; and
WHEREAS, over 7,600 residences and small businesses were initially enrolled in the program, and
the aggregate savings for the first fifteen months of the programs have totaled $243 per household and
$1,805,000 throughout the entire community; and
WHEREAS, the Corporate Authorities find it is in the best interest of the Village to continue to
operate the aggregation program under the Act as an opt -out program and to enter into an additional
contract with a supplier pursuant to the terms of the Act. However, the final decision will be based upon
market pricing with the Village retaining the option of suspending the program and returning all
participants back to Commonwealth Edison.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Ordinance as fhotagYrfull set forth Brent } aT. rte the Fiudirsgs as hereinabove set forth.
SECTION 2: Pursuant to Section 1 -92 of the Illinois Power Agency Act, 20 ILCS 355511 -1. et seq.,
the Corporate Authorities of the Village find and determine it is in the best interests of the Village to
continue to operate the Electric Aggregation Program under the Act as an opt -out program.
SECTION'): As an opt -out program, the Corporate Authorities of the Village shall fully inform
residential and small commercial retail customers in advance that they have the right to opt -out of the
Aggregation Program before the residential or commercial account is renewed. The disclosure and
information provided to the customers shall comply with the requirements of the Act.
SECTION 4: The Corporate Authorities of the Village are hereby authorized to aggregate in
accordance with the terms of the Act for residential and small commercial retail electrical loads located
within the corporate limits of the Village, and for that purpose may solicit bids and enter into service
agreements to facilitate for those loads the sale and purchase of electricity and related services and
equipment
SECTION 5: The Corporate Authorities of the Village are granted the authority to continue to
exercise such authority
SECTION 6: The electric aggregation shah' continue to occur automatically for each person
owning, occupying, controlling, or using an electrical load center proposed to be aggregated within the
corporate limits of the Village, subject to a right to opt -out of the program as stated in Ordinance 12 -12.
SECTION 7: The Village will also again engage NIMEC, who managed the initial aggregation.
NIMEC will solicit bids from multiple suppliers and consult with the Village in our decision to select the
supplier that best meets our needs. NIMEC will also assist with the conversion process, and provide
assistarice to residents with questions.
SECTIONS: The Corporate Authorities hereby grant the Village Administrator and /or his designee
the specific authority to execute a contract without further action by the Corporate Authorities and with the
authority to bind the Village.
SECTION 9: This ordinance shall be in full force and effect after its passage, approval and
publication in pamphlet form as provided by law.
PASSED THIS 10th day of March 2014.
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee
Toth
�w
Trustee
Witico
APPROVED BY ME THIS 10 "'. day of March 2014,
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILES in my office
This 11`x' day of March 2014.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
C t�!9de:
MUNICIPAL AUTHORITY AGGREGATION DATA REQUEST FORM
In requesting the information provided below, the undersigned authorized representative for the
municipality /townshipicounty identified below acknowledges that all information provided by ComEd pursuant to
this Form is and shall remain subject to the confidentiality requirements of 20 ILCS 3855/1- 92(c)(2) (incorporating
220 ILCS S /) 6 -122, and 815 ILCS 505 /2HH) and such information will be used only to effectuate the provisions of
Section 1 -92 of the IPA Act and no other purpose,
Information Provided:
Aggregated Customer Usage Data — A summary of customer usage data (including non residential peak load
contributions (PLCs)) and the number of customers itemized by rate classification or delivery service
classification
Customer Name & Mailing Address — A list of customer names and mailing addresses (or temporary mailing
address) for the residential and small commercial customers. (NOTE: ComEd cannot verify United States Postal
Service Compliance of mailing addresses.)
Account Numbers — A list of account numbers for those customers included in the municipal aggregation plan
(opt -out municipal aggregation plan only). To be provided following receipt of list from aggregating authority
of those customers who are of igibie for switching per tariff and did not opt out. V
Parameters:
Customer information can be provided based on the name of municipality, county or township. Please select the applicable parameter
by entering the name of municipality, county or township in the aopmpriate box. (For example: if requesting customer information
for municipality Anytown. USA then type " Anvtown" in the box next to Municipality) (select one)
imvnship
County I Coo
Date information is Needed:
Note: Each set of data requires a minimum or 10 business days to provide the requested data from date ComEd receives a vaiid
reouest
in sAp Usage Data !
Name Addresses
Account Ngytbe r5 ! L P—EbVtb ( AT Ar LA -i-TZ Tt mcf�
Authorized Signature: _
Title of Authorized Signature:
Aggregated usage/PLC, name and address list: 5168
Name and address list only: S86
Account number list: 5387
Please Provide a dated and sinned eopp of Me aut &oriZed referendum.
Please submit form via e-mail: data regIt est(a"),comEd.com, or mail to ComEd, ESSID/@Dats
Request ream, 1929 Swift Drive, Oak gook, IL 60523 or via fax 630 -614 -3996
Disclaimer:
ALL CUSTOMER USAGE, NAME AND MAILING ADDRESS INPORNIAi'ION IS PROVIDED "AS IS,- W TTHOUT W ARRAN'rins OF ANY KIND EITHER EXPRESS OR IMPLIED,
INCLUDING. BUT NOT LIMITED TO, IMPLIED WARRANTIES OP MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. COMET)
MAKES NOW ARRANTIES OR REPRESENTATION WITH RCSPE<THI ERRORS OR OMISSIONS THAT MAY BE COM AINED IN THE INFORMA I KJN. THE ACCURACY OF
THE INFORMATION. OR THAT THE INFORMATION IS VIRUSBREE. THE RISK OF USE OF THE INFORMATION IS SOLELY UPON THE USER. UNDER NO
CIRCUMSTANCE! WILLCOMED BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL. INCIDEN'T'AL. PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER (INCLUDING. WITHOUT LIMITATION. ANY DAMAGES FOR LOSS OF REVENUE DUF. TO THE USE OF THE INFORMATION PROVIDED).
Legislative Sur aamary :.
Ordinance I4 -01
AMENDFNG THE UNIFIED DEVELOPMENT CODE, SECTIONS 12 -4 -4 AND I2 -4 -3 TO ALLOW MEDICAL
CANNABIS DISPENSING ORGANIZATIONS AND MEDICAL CANNABIS CULTIVATION CENTERS AS
SPECIAL USES IN Ml AND M2 DISTRICTS, AND TO ALLOW MEDICAL AND DENTAL
OFFICES /CLINICS AS SPECIAL USES IN THE Cl AND C2 DISTRICTS, AND ABOVE THE GROUND
FLOOR IN THE C/R DISTRICT
Introduction:
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider or
Requirements:
Submitted by:
Prepared by:
February 10, 2014
This ordinance will approve a text amendment to allow Medical Cannabis Dispensing Organizations and
Medical Cannabis Centers as special uses in the MI "Restricted Manufacturing District" and M2 " General
Manufacturing District'. In addition, this ordinance will change "Medical and Dental Offices /Clinics"
from permitted to special uses in the Cl "General Commercial" and C2 "Neighborhood Commercial
District ", and on the second or above in the C/R "Commenuai Residential District."
This ordinance will approve a text amendment to allow Medical Cannabis Dispensing Organizations and
Medical Cannabis Cul"vation Centers as special uses. The State of Illinois Compassionate Use of Medical
Cannabis Pilot Program Act prohibits local municipalities from excluding such uses but does allow local .
jurisdictions to establish reasonable zoning regulations for such facilities. This ordinance will also
approve amendments to Section L -4 -3D of the Morton Grove Municipal Code to change "Medical and
Dental Offices /Clinics" uses from permitted to special uses in C I and C2 Districts and on the second floor
or above in the C/R District. By allowing these uses as specials uses, each project can be reviewed on a
case -by -Case basis to ensure the selected site(s) within these designed commercial areas are appropriate,
and that the sites are designed to minimize impacts or adjacent properties and neighborhoods,
The Morton Grove Unified Development Code (UDC), Title 12, is a comprehensive sett of regulations
for the zoning of land and development of parcels within the Village_ In order to comply with the State
of Illhtois Compassionate Use of Medical Cannabis Pilot Program Act, Morton Grove must allow
Medical Cannabis Dispensing Organizations and Medical Cannabis Cultivation Centers a process for
approval through reasonable zoning regulations. To meet this requirement and meet the intent of Village
regulations, the Village filed the proposed text amendments in PC 14 -02 to amend Section 12-4 -4 to
allow such uses as special uses in the Ml and M2 districts. The special use process enables the Village
and the public to review a proposal with a Greater level of scrutiny and ensure it meets the established
special use standards before anal approval.. The Village also filed the request for a text amendment to
Section 12 -4 -5 to Chang- "Medical and Dental Offices /Clinics" from permitted uses to special uses in
the Commercial districts. The Village established the Commercial Districts to provide a broad range of
opportunity for the development and preservation of commercial activity within title Village. The Village
recognizes the importance of medical and dental offices /clinics in a vibrant and healthv community.
However, as the intensity of the clinic use may vary from clinic to clinic, which will warrant additional
review of parking and traffic requirements, on a site specific, case -by -case basis. PCkIZ -02 was
presented to the Plan Commission for a public hearing on January 20, 2014. There was no public
comment and the Plan Commission unanimously reconnitended approval to the Village Board.
Community and Economic Development and Building Department
N/A
N/A
These amendments will be implemented by flze Community and Economic Development along with the
Building Departments in the normal course of business.
Approval as presented
February 24, 2014, required — Municipal Code Book change
Horne, Village Administrator
Reviewed by /
Teresa Hoffman Lj t , Corporation Counsel
Economic Development Director
ORDINANCE 14-01
AMENDING THE UNIFIED DEVELOPMENT CODE, SECTIONS 12 -4 -4 AND 12 -4 -3
TO ALLOW MEDICAL CANNABIS DISPENSING ORGANIZATIONS AND MEDICAL
CANNABIS CULTIVATION CENTERS AS SPECIAL USES IN MI AND M2
DISTRICTS, AND TO ALLOW MEDICAL AND DENTAL OFFICES /CLINICS AS
SPECIAL USES IN THE C1 AND C2 DISTRICTS, AND ABOVE THE GROUND
FLOOR IN THE C/R DISTRICT
WHEREAS, the Village of Morton Grove (Village), 'located in Cook County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the
State of Illinois, can exercise any power and perform any function pertaining to its government
affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, the Village continuously reviews and, as it deems necessary, updates
existing Municipal Codes to assure they are kept current and relevant; and
WHEREAS, the Illinois Compassionate Use of Medical Cannabis Pilot Program Act
(Act) becomes effective January 1, 2014, and allows for the cultivation, dispensary, and
certification of medical marijuana for persons with certain specified debilitating medical
conditions: and
WHEREAS, the Act provides the use of medical marijuana shall be restricted to persons
who have been certified by their treating physician; and
WHEREAS, medical marijuana can only be provided at state license dispensaries which
cannot be located in a medical clinic or doctor's office and must be at least 1,000 feet from
schools or day care facilities; and
WHEREAS, medical marijuana must be cultivated and processed at state Iicensed
cultivation centers which cannot be located in a medical clinic or doctor's office and must be at
Least 2;500 feet from schools or day care facilities; and
WHEREAS, units of local government are not permitted to prohibit state 1_ieensed
Medical Cannabis Dispensing Organizations or Medical Cannabis Cultivation Centers but are
allowed to adopt reasonable zoning regulations for such facilities
WHEREAS, the Village of Morton Grove has mate a proper applicuion to the Plan
Commission in Case Number PC' 4-02 to consider and recommend the adoption of certain text
amendments in the Village of Morton Grove Unified Development Code, Section 124-3 and
12 -4 -4 to allow _Medical and Dental Offices /Clinics as special uses in the Cl General
Commercial District, C2 Neighborhood Commercial District, and on the second floor and above
in the CR Commercial/Residential District of the Village so as to provide a public process to
consider the traffic and panting impact of such businesses in the commercial district. and to
allow medical cannabis dispensing organizations and medical cannabis cultivation centers in the
industrial Ml Restricted Manufacturing and M2 General Manufacturing District; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public
notice duly published in the Pioneer Press, a newspaper of general circulation in the Village of
Morton Grove which publication tools place on January 2, 2014, a public hearing was conducted
on January 20, 2014, relative to the above referenced case at which time all concerned parties
were given the opportwury to present and express their views for the consideration of the Plan
Commission. As a result of said hearing, the Plan Commission made certain recommendations
and conditions through a report dated January 31,2014, a copy of which is attached hereto and
made a part hereof and marked as Exhibit "A"; and
WHEREAS, the Corporate Authorities have concluded that share ng Medical and Dental
Offices /Clinics from permitted to special uses where allowed in the Village's Commercial District
is in the best interest ofthc public good and will allow for a public process for the Village to
consider the traffic, parking, and other impact of such businesses at particular locations in the
Village's commercial districts:. and
WHEREAS, the Corporate Authorities have concluded allowing Medical Cannabis
Dispensing Organizations and Medical Catmabis Cultivation Centers in the Village's Industrial. M1
Restricted Manufacturing and M2 General Manufacturing Districts as special uses will be in
compliance with the Act and will allow for reasonable zoning regulations for these businesses:
and
WHEREAS, the Corporate Authorities have considered this matter at a public meeting and
find the text amendment, when evaluated in the context of the whole Village, serves the public
Lyood: and
WHEREAS, the Village is desirous of assuring all policies are kept current and relevant.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
1 Ground floor office
uses legally in existence, prior to
.January
13, nN,
the adoption date or" Ordinance
i 3 -28
shall continue to be
considered permitted uses within
the C/R
District.
clauses into this Ordinance, as though fully set forth herein, thereby
making the
findings
as -
hereinabove set forth:
SECTION 2: Title 12 entitled Unified Development Code,
Chapter 4,
entitled
Zoning
Districts, Commercial Districts, Section 12 -4 -3 entitled Uses of the
Municipal
Code is hereby
amended by modifying this section as follows:
D. Uses:
Categories of Use
C_I
C_
L
Medical and dental offices /clinics (including laboratories as accessory
�S
S
X1
use) (fist floor)
iv edical and dental offices/clinics (including laboratories as accessory
�i S
gs
g
use) (other than first floor')
1 Ground floor office
uses legally in existence, prior to
.January
13, nN,
the adoption date or" Ordinance
i 3 -28
shall continue to be
considered permitted uses within
the C/R
District.
SECTION 3: Title 12 entitled Unified Development Code, Chapter 4, entitled Zoning
Districts, Commercial Districts, Section 12 -4 -4 entitled Manufacturing Districts of the
Municipal Code is hereby amended by modifying this section as follows:
E. Uses:
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Marcu=
Pietron
Thiii
Toth
Witko
APPROVED by me this 24th day of February 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
This 25th day of January 2014.
vL
Ed Ramos, Village Clerk
Village of Morton Grove
Cook Counr�", Illinois
PASSED
this
24th
day
of February
2014.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Marcu=
Pietron
Thiii
Toth
Witko
APPROVED by me this 24th day of February 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
This 25th day of January 2014.
vL
Ed Ramos, Village Clerk
Village of Morton Grove
Cook Counr�", Illinois
Re: PC14 -02 — Application for Text Amendments to the unified Development
Code Section 12 -4-3 Commercial Districts to allow Medical and Dental
Offices /Clinics as Special lases in the C1 "General Commercial" and C2
"Neighborhood Commercial" Districts and on the second floor or alcove in
the CR "Commercial Residential" District, and 12 -4 -4 Manufacturing
Districts to allow Medical Cannabis Dispensing Organizations and Medical
Cannabis Cultivation Centers as Special lases in the M1 "Restricted
Manufacturing" and M2 "General Manufacturing„ Districts
Commission Report
Public Hearino Notice and ADolication
The Village of Morton Grove provided Public Notice for this request to be heard at the January 20,
2014 Plan Commission, public hearing in accordance with applicable requirements. Pioneer Press,
a local newspaper, published a public notice on January 2, 2014. As this request is for a text
amendment, not a request for a specific site, no public notice signs or notification letters were
Public Hearino —Staff Overview
Dominick Argumedo, Zoning Administrator /Land -Use Planner presented the case on behalf of the
Village, which included proposed text amendments to the Unified Development Code Section 12-
4-4-E to establish Medical Cannabis Dispensing Orclanizations and Medical Cannabis Cultivation
Centers as allowed special uses in the Mi Restricted Manufacturing District and M2 General
Manufacturing District and also to Section 12 -4 -3 -D to modify how Medical and Dental
Offices /Clinics are allowed in the Cl General Commercial District, C2 Neighborhood Commercial
District, and CR Commercial /Residential District.
Mr. Argumedo stated the State of Illinois Compassionate Use of Medical Cannabis Pilot Program
Act became effective January 1, 2014. This Act prohibits local governments from excluding state
licensed Medical Cannabis Dispensing Organizations or Medical Cannabis Cultivation Centers from
their jurisdictions. However, the Act does allow local jurisdictions to establish reasonable zoning
regulations for such facilities. Such local jurisdiction regulations would build off state prescribed
regulations for the location of such facilities. The Act mandates that state licensed dispensaries
and cannabis cultivation centers cannot be located in a medical clinic or doctor's office, and that
dispensaries must be at least 1,000 feet from a school and /or day care facility, with cultivation
centers required to be 2,500 feet from a school and /or day care facility. The proposed text
am- endment toecod,e section 12 -4 -3 -adds the additional restrictions, that a Medical Cannabis
The Village proposes to allow Medical Cannabis Dispensing Organizations or Medical Cannabis
Cultivation Centers uses in the Village's MIL and M2 manufacturing districts through the special use
process. Mr. Argumedo noted that neither a cultivation center, nor a dispensary exhibits
characteristics compatible with commercial or residential districts, which is why staff is proposing
to limit these uses to the Village's manufacturing districts. A cultivation center operates in line with
other manufacturing district uses such as wholesale or production. The cultivation center creates a
product for distribution at dispensaries and would not go directly to certified customers. In
addition, the Village's Commercial Districts are areas which are intended to provide synergies to
generate additional commerce. A customer may visit a pet store and then visit a neighboring
restaurant, or a clothing store in the same trip. A dispensary center is a use that will not
traditionally support other surrounding businesses. As one must be certified to ascertain medical
cannabis, a dispensary generates specific destination trips; a customer will not 'drop In' to a
dispensary. Along with the imposed distance requirements, the manufacturing district is therefore
best situated for such a specific destination trip.
As cultivation centers and dispensaries are new uses to the state and thus Morton Grove, staff
proposes each use be allowed in the manufacturing districts only through a special use process.
The special use process will allow the Village to review any proposal individually to ensure that,
when appropriate, a proposal meets the special use standards such as parking, hours of
operation, and conformity with other Village plans or ordinances.
Modifying the Unified Development Code to allow such uses only in the Village's manufacturing
districts provides availabie land while also meeting state standards. The areas zoned M1 and M2 in
the Village's southern portion, generally located south of Main Street and on either side of Lehigh
Avenue, provide f or some land for these facilities outside of the proposed state distance
regulations from school and day care facilities. The only area zoned as a manufacturing district in
the north portion of the Village, an Mi District bordered by Golf Road to the North, Waukegan
Avenue to the east and train tracks to the east, does not meet state location requirements. The
entire M1 district is within the 1,,000 feet limit of Golf Middle School (9401 Waukegan Road). Mr.
Argumedo concluded by noting that the Act prohibits medical clinics whose sole purpose is to
certify patients for medical cannabis; only doctors with bona fide patient /physician relationships
may certify a patient for medical cannabis.
Mr. Argumedo then explained that in addition to the amendments pertaining to medical cannabis,
the Village proposes text amendments to Section 12 -4 -3 -D to modify medical and dental
off, ces /clinics in the Cl, C2, and CR Commercial Districts from allowed as permitted uses to
special uses. Again, the special use process enables the Village and the public to review a
proposal with a greater level of scrutiny, particularly as this new law is implemented. He said that
sta f recognizes the import of medical and dental offices /clinics in a vibrant and healthy
community. However, the siting of a potentially intense medical clinic /office use could trigger
additional parking demand which could impact other businesses in the area. While medical and
dental offices /clinics do attract substantial visitors, most serve only as destination locations that do
not typically generate pedestrian traffic to abutting retail and commercial uses. Staff recommends
PC 14 -02:
Text Amendment — Medical Cannabis &
Medical and Dental Office /Clinics
January 31, 2014
Dispensing Organization may not
be located within
1,000 feet,
and a Medical Cannabis Cultivation
Center may not be located within
2,500 feet of any
public park
or residential zoning district as
measured at the boundary of the
zoning lot where
the organization is located to the boundary of
the residential zoning district.
The Village proposes to allow Medical Cannabis Dispensing Organizations or Medical Cannabis
Cultivation Centers uses in the Village's MIL and M2 manufacturing districts through the special use
process. Mr. Argumedo noted that neither a cultivation center, nor a dispensary exhibits
characteristics compatible with commercial or residential districts, which is why staff is proposing
to limit these uses to the Village's manufacturing districts. A cultivation center operates in line with
other manufacturing district uses such as wholesale or production. The cultivation center creates a
product for distribution at dispensaries and would not go directly to certified customers. In
addition, the Village's Commercial Districts are areas which are intended to provide synergies to
generate additional commerce. A customer may visit a pet store and then visit a neighboring
restaurant, or a clothing store in the same trip. A dispensary center is a use that will not
traditionally support other surrounding businesses. As one must be certified to ascertain medical
cannabis, a dispensary generates specific destination trips; a customer will not 'drop In' to a
dispensary. Along with the imposed distance requirements, the manufacturing district is therefore
best situated for such a specific destination trip.
As cultivation centers and dispensaries are new uses to the state and thus Morton Grove, staff
proposes each use be allowed in the manufacturing districts only through a special use process.
The special use process will allow the Village to review any proposal individually to ensure that,
when appropriate, a proposal meets the special use standards such as parking, hours of
operation, and conformity with other Village plans or ordinances.
Modifying the Unified Development Code to allow such uses only in the Village's manufacturing
districts provides availabie land while also meeting state standards. The areas zoned M1 and M2 in
the Village's southern portion, generally located south of Main Street and on either side of Lehigh
Avenue, provide f or some land for these facilities outside of the proposed state distance
regulations from school and day care facilities. The only area zoned as a manufacturing district in
the north portion of the Village, an Mi District bordered by Golf Road to the North, Waukegan
Avenue to the east and train tracks to the east, does not meet state location requirements. The
entire M1 district is within the 1,,000 feet limit of Golf Middle School (9401 Waukegan Road). Mr.
Argumedo concluded by noting that the Act prohibits medical clinics whose sole purpose is to
certify patients for medical cannabis; only doctors with bona fide patient /physician relationships
may certify a patient for medical cannabis.
Mr. Argumedo then explained that in addition to the amendments pertaining to medical cannabis,
the Village proposes text amendments to Section 12 -4 -3 -D to modify medical and dental
off, ces /clinics in the Cl, C2, and CR Commercial Districts from allowed as permitted uses to
special uses. Again, the special use process enables the Village and the public to review a
proposal with a greater level of scrutiny, particularly as this new law is implemented. He said that
sta f recognizes the import of medical and dental offices /clinics in a vibrant and healthy
community. However, the siting of a potentially intense medical clinic /office use could trigger
additional parking demand which could impact other businesses in the area. While medical and
dental offices /clinics do attract substantial visitors, most serve only as destination locations that do
not typically generate pedestrian traffic to abutting retail and commercial uses. Staff recommends
PC 14-02: Text Amendment — Medical Canna�s _^-
Medical and Dental Office /Gmics
;anuary 3i4� _rte
modifying medical dental offices /clinics to special use permit to ensure harmony with surrounding
commercial and residential properties upon placement and approval. Specifically, staff
recommends allowing medical and dental offices /clinics by special use in the C1 and C2 Districts
and by special use on the second floor or above in the CR District.
Public Hearing —Board Comment /Inouiry
Chairman Farkas asked of Commissioner Questions.
Commissioner Gabriel asked if the Village granted a special use permit for a medical cannabis
dispensary or cultivation organization, and a day care facility or school was subsequently approved
for a location within the state mandated 1,000 or 2,500 ft. distance requirements, would the
medical cannabis facilities then be out of compliance? Ms. Liston, Corporation Counsel, responded
that state law requires the 1,000 and 2,500 feet distance requirements from a currentdaycare
facility or school. If the Board approves a daycare or school after a previously approved
dispensary or cultivation center, those facilities would still be in compliance. She stated that to
continue it to an unlikely conclusion, the Act does not prohibit a day care /school from opening
next to an existing dispensary or cultivation center. Ms. Radzevich added that a day care /school is
not allowed in an M1 or M2 zoning districts, therefore there would be an inherent 'puffer between
the two types of uses. The Village cannot prohibit a daycare /school from opening within the 1,000
or 2,500 ft. limit of an existing dispensary or cultivation center, but they can advise of the existing
locations and make them well aware.
Commissioner Blonz asked why the amendments pertaining to medical cannabis and the
amendments pertaining to medical office /clinics were combined into one plan commission case
and not two plan commission cases for a separate vote. Ms. Radzevich stated that generally text
amendments that appear on a single Plan Commission hearing are put together as one case and
not voted on separately.
Blonz also questioned the statement Mr. Argumedo made that "neither a cultivation terser, nor a
dispensary exhibits characteristics compatible with commercial or residential districts ". Mr.
Argumedo stated that the dispensary will not typically support other surrounding businesses; it is
a specific destination trip where customers will not "drop in," similar to a pharmacy where you
would get medication for everyday illness. Staff would expect that a dispensary designed for
patients of debilitating illnesses would make a specific trip to fill a prescription.
Commissioner Blonz asked if the text amendments for medical cannabis dispensing organizations
should also allow the use in the Cl General Commercial District as a special use permit. Ms.
Radzevich stated that the Village is encouraging more active pedestrian commercial uses in the Cl
and C2 districts. As previously stated, a dispensary is not an active pedestrian use. Such a use
would not help to promote and provide general commercial synergy with other neighboring
commercial properties. Therefore staffed determined that allowing the use in only the
manufacturing districts was appropriate.
Commissioner Dorgan asked if there will be limited hours for medical cannabis dispensaries. Mr.
Argumedo replied that the Village Board and Plan Commission could determine the hours of
operation through the special use process. Ms. Liston stated the Illinois Department of
Professional Regulations is still putting together regulating standards for the Pilot Program, Ms.
Radzevich continued that as the State is still formulating regulations, the hours of operation of _
- PC 14 -02: Text Amendment - Medical Cannabis &
Medical and Dental Office /Clinics
-- January 31, 2014
these facilities may be limited by the State. Even if the State does not create regulations
pertaining to hours of operation, the Village can limit facilities' hours through the special use
process. The State does not expect to complete their review for six months at which time the
agency will then issue licenses for eligible dispensaries. No cultivation centers are currently
licensed and State law requires that the cannabis used in the program be grown within the State.
Commissioner Khan wanted an explanation of the difference between the M1 and M2 districts,
Ms. Radzevich explained that the M2 district allows for more intensive manufacturing uses than
the MI district. As such, the MI district often acts as a transition district between the intensive M2
uses and any neighboring residential zoning districts. As the M2 district harbors and allows more
intensive manufacturing uses, the areas zoned M2 provide the core of Morton Grove's
manufacturing district Ms. Liston added that the Village has included in the proposed text
amendments that such medical' cannabis facilities must also be located 1,000 ft. from parks and
residential zoning districts as measured at the boundary of the zoning lot where the organization
is located to the boundary of the residential zoning district.
Chairperson Farkas questioned if the Village did not enact the proposed text amendments
pertaining to medical cannabis facilities then would a dispensary or cultivation center be allowed
in any area in Morton Grove that was outside of the state mandated distance buffers from day
care centers or schools. Farkas also inquired if the proposed text amendment for medical cannabis
facilities should state that these enactments are subject to State laws. Ms. Liston stated that land
uses are only permitted where they are specified in the unified development code; if a use is
absent it is not allowed. The Village is being proactive to comply with the law to allow these
facilities within Morton Grove with reasonable zoning regulations. If a facility did seek to open in
Morton Grove without the Village code providing for an avenue to locate, the Village could be
susceptible to litigation. Ms. Liston added that the proposed text definition for dispensary and
cultivation centers stated that, "in addition to comply with all the clinical state statutes including
the Compassionate Use of Cannabis Pilot Program Act ".
Chairperson Farkas concluded that the state will review the pilot program in four years by the
State and the Village should mirror this review. Staff agreed that this would be in the best interest
of the Village to review these regulations after four years. If the medical cannabis pilot program
was discontinued, the Village would update the unified development code accordingly.
Public Hearino— Public Comment
Chairperson Farkas asked if anyone present that wanted to be heard on this case. There was no
response.
Public Hearing —Board Discussion and Vote
Chairperson asked for a motion to approve Case PC 14 -02.
Commissioner Gabriel moved to approve Case PC14 -02.
Commissioner Blonz seconded the motion.
- '= P&14-02: Text Amendment — Medical' Cannabis &
Medical-and Dental- Office /Clinics
January 31, 2014
Voting as follows: -
Commissioner Khan voting aye
Commissioner Dorgan voting aye
Commissioner Gabriel voting aye
Commissioner Blonz voting aye
Commissioner Shimanski voting aye
Commissioner Gillespie voting absent
Chairperson Farkas voting aye
Motion passed.
PC 14 -02: Text Amendment - Medical Cannabis
Medical and Dental Office /Clinics
2 January 31, 2014
PC 1.4-02 Proposed Text Amendments
Section 12 -4 -3: COMMERCIAL DISTRICTS
D. Uses:
Ground floor office uses legally in existence, prior to January 13, 2014, the adoption date of
Ordinance i3 -28, shall continue to be considered permitted uses within the C/R District.
Section 12 -4 -4: MANUFACTURING DISTRICTS
Uses:
2' For purposes el thi's ordinance a Medicat Cann abls Cultivation Center means a- ,facility
operated
by an orcianization
or business
that
is reoistered
by the Illinois
Department of
Agriculture
to oerform necessary activities
to provide
only reoistered Medical Cannabis
Dispensing
Organizations with usable
medical
cannabis
In addition to'compiving with
ail
applicable
state statutes including
the Compassionate lase of Cannabis>Piiot Project
Act. said
Medical
Cannabis
Cultivation
Center may not be located within 2 5001eetof
any puwic,vam or residential zomno districtas measured at the boundary,of the zoning
lot where the ornanizationis located to the boundary of the residential zoning district
e -
R>
6