HomeMy WebLinkAbout2009-03-23 AgendaAGENDA
VILLAGE OF MORTON GROVE
MEETING OF THE BOARD OF TRUSTEES
TO BE HELD AT THE RICHARD T. FLICKINGER 1VIUNICIPAL CENTER
March 23, 2009
Meeting '7:30 p-n
1. Call to Order
2. Pledge of Allegiance
3. Roll Cali
4
5.
6.
7.
8.
9
10.
Approval of Minutes - Special Hearing, March 3, 2009
Regular Meeting, March 9, 2009 (will be available 3-20-09)
Publle Hearengs
Special Reports
Resident's Comments (agenda items only)
President's Report-Ad»ainistration, Northwest Municipal Confer°ence, Council of Mayors, TIF
Committee, Capital Projects, Real Estate Committee
a. Proclamation -Sexual Assault Awareness Month -April 2009
b. Appointrnent -Finance Director
Clerk's Report -Condominium Association, Advisory Commission on Aging
Staff Reports
a. Village Administrator
1) Staff Report and Recommendation Referencing Street Maintenance
2) Miscellaneous Reports and Updates
b. Corporation Counsel
1 I . Reports by Trustees
a. Trustee Brunner -Legal, Family and ~4enior Services Department, Cable and
Telecommunications Commission, Environmental Health, Waukegan Road TIF Review, Solid
Waste Agency of Noy°thern Cook County (Trustee Kogstad)
11. Reports by Trustees (continued)
b. Trustee Kogstad -Community Relations Commission, Comprehensive Plan, Advisory
Conarnission on aging (Trustee Minx)
c. Trustee Marcus -Police Departr~zenC, Police and Fire Commission, Real Estate Committee,
Chamber ofConxmerce (Ti°ustee Thill)
d. Trustee Minx -Finance Department, Real Estate Committee, Plan Commission, Perris/Lelaig>Ia
TIF Review, Fire Department, RED Center, NIPSTA, Capital Projects, Police and Fire
Commission, Economic Development, Northwest Municipal Conference (Trustee Staackmann)
t) Ordinance 09-03 (Introduced March 9, 2009)
Revoking the Special Use Permit for the Property Located. at 6415 Dempster, 6421-6457
Dempster, azld 8717 Lincoln for Construction of a Planned U~ut Development
2) Ordinance 09-05 (Introduced March 23, 2009)
Providing for the Issuance of General Obligation Refunding Bonds, Series 2009, of the
Village Authorizing the Execution of an Escrow Agreement in Connection Therewith and
Providing far the Levy and Collection of a Direct Annual Tax ;r the Payment cf the
Principal of and Interest on Said Bonds
3) Ordinance 09-06 (Introduced MarcDa 23, 2009)
Amending Ordinance 08-27 to Allow the Proceeds from the Sale of 5821 Dempster Street
to be Removed from a Restricted and Designated Reserve Accomrt and Arnendnig
Ordinance 08-43 to Increase 2009 Budget Funding for Village Road Repairs
e. Trustee Staackmann -Building Department, Appearance Commission, ESDA,
17/Communications, Dempster Street Corridor Plan ('t'rustee Brunner°)
Trustee Thill -Public Works, Capital Projects, Traff c Safety Commission, Natural Resource
Commission, Solid Waste Agency of Noy°thern Cook County (Trustee Marcus)
1) Resolution 09-18 (Introduced March 23, 2009)
Authorizing the Annual Memorial Day Parade and Closure of Dempster Street
2) Resolution 09-19 (b~troduced March 23, 2009)
Authorizing the Amrual July 4 Parade and Closure of Dempster Street
3) Resolution 09-20 (Introduced Marclz 23, 2009)
Authorizing Bid Award and Execution of a Contract with County Lnze Nurseries and
Landscaping, Inc. for the 2009 Trec Planting Program
4) Resolution 09-21 (Intl°oduced March 23, 2009)
Authorizing Bid Award and Execution of Separate Contracts with Arrow Road
Construction Company, and Ozinga Chicago RMC, hic. for the 2009 Material Purchasing
Program
12. ®ther Business
13. Presentation of Warrants - $786,532.60
14. Resident's Comments
15. Executive Session -Real Estate, Personnel, Labor Negotiations, arld Review and Release of Executive
Session Minutes
16. Adjournment - To ensure full accessibllidy and equalparticipationfnr all interested citizens, individuals with disabilities
who plan to attend and who require certain accoivanzodations in order to observe and/orparticipate in this nzeetbag, or who
have questions regarding the accessioility of these facilities, are requested to contact Susan or Marlene (847/47v"-5220)
promptly to allow the f~iltage to snake reasonable accomnaodalions.
MINUTES OF THE MARCH 3, 2009, SPECIAL HEARING
TO CONSIDER REVOCATION OF A SPECIAL USE PERMIT
FOR THE "PRESERVES"
RICHARD T. FLICHINGER MUNICIPAL CENTER COUNCIL CHAMBERS
6101 CAPULINA AVENUE
MORTON GROVE, ILLINOIS 60053
Pursuant to proper notice in accordance with the Open Meetings Act, the Special Hearing was called to
order at 3:42 pm by Plan Commission Chairperson Ron Farkas. Meeting Secretary Susan Lattanzi
called the roll. In attendance were:
Panel: Plan Commission Chairperson Ron Farkas, President Richard Krier,
Corporation Counsel Teresa Hoffman Liston
Absent: No one appeared on behalf of the applicant
Village Staff: Village Administrator Joseph F. Wade, and Village Planner Bonnie
Jacobson, )executive Secretary Susan Lattanzi
Also Present: The press, and several members of the pnbfic
Chairperson Ron Farkas stated a citation was sent out on February 24, 2009, concerning whether the
requirements Section 12-16-4 of the Village of Morton Grove Unified Development Code and/or
Ordinance 08-36 [au Ordinance approving a Planned Unit Development (PUD) for the property
commonly known as 6415 Dempster, 6421-57 Dempster, and 8717 Lincoln Avenue] had been violated
and if so whether the special use permit should be revoked. He stated the three member Panel
(President Krier, Corporation Counsel Liston, and himself) were appointed to hear this case. He stated
the purpose of the meeting was to determine whether Morton Grove DL, LLC is in violation of its
special use permit and if so, whether the special use permit should be revoked. Mr. Farkas stated a
majority vote (2 votes) will be required to recommend revocation to the Village Board of Trustees.
The Village Board of Trustees will then make a final determination and decision.
Mr. Parkas noted neither Mr. Kropp nor anyone from from Morton Grove DL, LLC or New Century
Bank was present.
Mr. Farkas then called upon Village Planner Bom7ie Jacobson to give testimony. Ms. Jacobson read
the notice/citation for the record, a copy of which has been a~tac~ to these minutes.
Ms. Jacobson and Mr. Wade were then sworn in by Chairperson Farkas.
Ms. Jacobson stated one of the special use conditions the applicant provide proof to the Village
Adminish•afor the construction loan has been secured before September 30, 2008, had not occurred.
On February I6, 2009, a foreclosure sale took place wherein New Century Bank purchased the
property. Therefore, this applicant no longer owns the property aiid is in violation of the PUD
Ordinance. The Director of Community and Pconomic Development Bili Neuendorf was present and
witnessed that sale.
The following questions were asked by the Board to Ms. Jacobson:
At the request of Ms. Liston, Ordinance 08-36 was submitted into evidence. Ms. Liston also stated
Ms. Jacobson referenced Section 2, Condition 10 of the Ordinance and asked her to read it into the
record. The statement is as follows: "In the everzt.fcnancing has not been secured (i. e., the applicant's
construction loan has raot closed) by September 30, 2008, and construction has root commenced by
January 1, 2009, this special use permit is subject to further review, modification and/or revocation.
She also read Condition 8 which read: No building permit shall be issued.fa~ any building unless and
until the applicant hers provided satisfactory pr°oof to the Village Administrator or his designee the
applicma~t has closed on the construction loan and has sufficient funds to complete the PUD. " That
proof was never provided stated Ms. Jacobson. Ms. Jacobson stated she is the Village's PIanner and
works out of the Bui]ding Department, thereby she has knowledge that permits were approved but
never issued following the adoption of Ordinance 08-36.
Mayor Krier asked if the notice of violations were sent to the applicant? Ms. Jacobson stated she
would defer to the Serving Agent, who is the Executive Secretary Snsan Lattanzi. Ms. Lattanzi stated
the notices were sent to Mr. Kropp of MU DL, LLC and Mr Romano and Mr Johnson of New Century
Bank via certified and regular mail on February 24, 2009. Only one certified mail receipt was returned
and. that was from Mr. Kropp.
Mr. Wade was then called to the stand. Mr. Farkas asked whether the financing was secured and did
the Village receive notification of the change of ownership? Mr. Wade stated to his knowledge
financing was Haver secured by Mcr*~n Crove DL, LLC. Ife was advised by lv'rr. Neuendorf that a
sheriff s sale was held and the property was purchased by New Century Bank.
Ms. Liston then asked whether Mr. Wade had any recent conversations with Mr. Kropp? Mr. Wade
answered, no. She then asked if he had any knowledge of any agents of the Village speaking to Mr.
Kropp about his financing? Mr. Wade answered, no.
Mr. Farkas then asked Ms. Jacobson if there were any other violations? Ms. Jacobson stated since the
construction did not move forward there were a number of conditions that had not met, they are as
follows:
• Floor plans be modified per Fire Department concerns -those changes were never made;
• The PUD would be constructed according to the elevations;
• A final landscape plan including a more detailed presentation of the fountain was supposed to be
sent to the Appearance Commission and was never submitted;
• The master construction schedule dated August 6, 2008, was never followed;
• Prior to the issuance of each building permit, the applicant was required to place funds into various
escrow accounts and none of those dollars were ever placed in those accounts;
® A security was to be placed for public improvements, which was never done. Ms. Jacobson spoke
with a representative from the Public Works Department this morning and nothing was ever
completed.
Ms. Liston then asked Ms. Jacobson to provide a history of the development. Ms. Jacobson stated the
PUD was originally approved on October 24, 2005, with Ordinance OS-48. Ordinance 06-31 (passed
o?z September 11, 2006), was the amendment to the origh7al special use. Ordinance 08-03 (passed on
January 14, 2008), approved additional amendments to the special use to allow for ail extension of time
to commence and proceed with the construction of the PUD. This ordinance which included a
condition that provided in the event the applicant's fnancing was not approved by Apri130, 2008, the
special use permit would be subject to further review, modification and/ar revocation. Ordinance 08-
18 (passed on June 9, 2008), in fact revoked. the special use permit because the applicant did not secure
the financing needed .for the project by the set date of April 30, 2009.
Ms. Liston then asked if there was an ordinance within the Village that requires building permits and
the start of construction by a certain time after receipt? Ms. Jacobson stated, yes. Ms. Liston asked for
an explanation. Ms. Jacobson stated PUDs or other special uses must commence within one year of
when the special use permit was issued. In this case the special use was originally issued in 2005 the
last amendment made in 2008.
Mr. Farkas stated MG DL, LLC came to the Village in July 2008 and said they had received their
financing, when in fact they had only been told they would receive the financing which turned out to
be incorrect.
Mr. Farkas then made one final call to see if anyone was at the meeting representing MG DL, LLC.
There was no one present. There was also no one present from New Century Bank.
Ms. Liston moved to adjourn into Executive Session at 4:02 pm. Mayor Krier seconded the
motion. A roll call vote was taken.
Chairman Farkas Ave Mayor Krier Aire Corporation Counsel Liston
Motion Passed: 3 Ayes 0 Nays 0 Absent
T ha Spee.al ^.:eet:.^g :'Pconvenea at ~: ~~ ~ pii..
Ms. Liston made a mofion that this Panel find the application violated one or more of the terms
of the special use permit granted to Morton Grove DL, LLC pursuant fo Ordinance 08-36.
Mayor Krier seconded the motion.
Ms. Liston had a few comments. It is her opinion the Village proved by the preponderance of the
evidence there has been at least one violation of the special use permit grantx;d to Morton Cnove DL,
LLC. hi the notice of violation, the Village spelled out three specific violations financing has not
been secured, the building permit had not been secured by.Imauary 1, 2009, and that ownership had
passed). She stated, Ms. Jacobson has also enumerated other violations. The applicant did not appear
and the Village's testimony was credible. No permits were issued and it was her belief every violation
did occur. She also believes a sheriffls sale took place and the transfer of title was inevitable but noted
there has been no testimony that a change of ownership had taken place. She believes there are ample
violations and the Panel is well within its purview to come to a conclusion and make a decision.
Mr. Farkas agreed with everything that was said by Ms. Liston and the fact the applicant did. not appear
today is also being taken into consideration.
Mayor Krier agreed and felt the record provides there has been more than one violation.
A roll call vote was taken.
Chairman Farkas Ave Mayor Krier Ave Corporation Counsel Liston ~e
Motion Passed: 3 Ayes 0 Nays 0 Absent
Corporation Counsel Liston then made another motion wherein it be recommended to the
Village Soard of Trustees that Morton Grove DL, LLC's special use permit be revoked. The
motion was seconded by Mayor Krier. A discussion ensued.
Mayor Krier felt the Village had done everything possible to move this project along. However, now it
is at the end.
Mr. Farkas stated this decision is not being taken Lightly. However he feels revocation is justified
since there has been harm to the Village.
Ms. Liston also concurred and. added, when a special use is issued, the surrounding area and residents
are considered. It is her opinion this revocation is necessary to prevent further injtuy to the
surrounding properties and Morton Grove residents. Since 2006 this property has been in an
unfinished state and has been injurious to adjacent properties under construction.
A roll call vote was taken.
Chairman Farkas ~ Mayor Krier Ave Corporation Counsel Liston A~
Motion Passed: 3 Ayes 0 Nays 0 Absent
There being no further business to come before the Board, Mr. Farkas asked for a motion to adjourn.
Ms. Liston made the motion to adjourn. Mayor Krier seconded the motion and was
unanimously approved pursuant to a voice vote at 4:16 pm.
Minutes by: Susan Lattanzi
Special meeting mi~~utes.03-03-U9
ATTIOCH1VIEl~T
VILLAGE OF MORTON GROVE, ILLINOIS
NOTICE OF VIOLATIONS OF SPECIAL USE PROVISIONS AND NOTICE OF HEARING
TO:
COURTESY COPY:
SPECIAL USE LOCATION:
DATE OFHEARING
MG DL, LLC
c/o Steve Kropp, Managing Pardier
6300 Lincoln Avenue
Morton Grove, Illinois 60053
New Century Bank
Attn: Tom Romano
7173 North Lincoht Avenue
Lincolnwood, IL 60712
Attn: Lany.lohnson
363 W. Ontario
Chicago, IL 60610
The Preserves
6415 Dempster, 6421-57 Dempster, and 87]7 Lincoln Avenue
Morton Grove, Illinois 60053
March 3, 2009
YOU ARE HEREBY NOTIFIED that you are alleged to be in violatiot of certain conditions of the Special
Use Permit which was granted to you pursuant to Ordinance 08-36, to wit:
1. Section 10 of Ordinance 08-36 which provides: In the event financing has not been secured (i. e., the
applicant's construction loan has not closed) by September 3Q 2008, m~~d conshruction has not
commenced by January I, 2009, this special use permit is subject to further review, modification and/or
revocation; and
2. Section ]2-6-3-B-3 of Unified Development Code of the Village of Morton Grove which provides: The
ownership of the planned mail development shall not chmnge without the express approval of the village
board of trustees until the planned unit development is fully developed,
YOU ARE FURTHER NOTIFIED THAT pursuant to Section 2-16-4 of the Unified Development Code of
the Village of Morton Grove a three person board consisting of the Village President, Corporation Comtsei, and
Chairperson of the Plan Commission/Zoning Board of Appeals will convene a public hearing on March 3,
2009, at 3:30 pm, at the Council Chambers of the Village of Morton Grove, 6101 Capulina Avenue,
Morton Grove, Illinois to determine whether you are in violation of these or any other violation of the special
use permit granted to pursuant to Ordinance 08-36 to approve a Platmed Unit Development for that property
commonly known as 6415 Dempster, 6427 -57 Dempster acid 8717 Lincoln Avenue, (the Preserves of Morton
Grove) and if so, whether said special use permit should be revoked.
Please take notice at said hewing you shall be given an opportunity to appear and defend yourself against such
charges and you may also be represented by an attorney, and you may produce witnesses and evidence on your
behalf.
DATED at Morton Grove, Illinois, this 24`~ day of February 2009.
Cer•lifeate of Service: Susan Lattanzi, Executive Secretary for the Village of Mo~•ton Grove, the undersigned
does hereby certify the foregoing citation and notice of hearing was served upon the licensee on February 24,
2009, by certified mail and regular mail to the licensee.
Signature of Serving Agent:
ec: Richard Krier, Village President
Teresa Hoffinarz Liston, Corporation Counsel
Ron Farkas, Pla~i Commission/7.oning Qoard of Appeals Chairperson
Joseph F. Wade, Village Administrator
Ed Hildebrandt, Building Commissioner ~eganreal estateAMG U~, rtC revocation Oz-a4-09
MARCH 9, 2009 MINUTES
WILL BE AVAILABLE ON
MARCH 20, 2009
1NJCERE~S, SexuaC~ssauCt 2hvare~iess ~torlt~ is i~ntencfedto d~aw atte~tition to tie fact that
sexuacviocence re~n.ai~ns aati intocerab(z viocent crime tivit( pubcic (eaCtci impcications for every person.
u2lccinois; and
1N3CE'R'E.~S, rape sexuaCassauCt, andvioCence irnpa.cts ~NOmen, cfiiCdren aaufine~i of aCCraciaC,
cucturaC, andeconcnnic backgrounds, many of w(om can and do experience acquaintance rape,
stranger rap, sexua.Cczssau.Ct 6y an intimate partner, gang rape, incest, stacking, seriacrape, date
rape, rituacabuse, sexuaC(arassment, chicdsexuacmocestation, prostitution a~~uChuman trafficking;
anal
W3-[TRE 1S, according to a. study conducted 6y tfie NationaC'1~ictim Ce~iter, i.3 tivomen age IS
andocder in. tcie 'UnitedStates are forcibcy rapedeac( minute; 78 per (our; 1,871 per day, or 68„000
per year; and
1N.7CEREAS, one in four femaCe coCCege stucfzn.ts reported tFtey (lave been the victims of
atteinptedor colnpCetedrapes; So% of tciose v~ere victinaizedby boyfriends, friends or acquaintances;
aia d
W.91'ERE'r`~S, an estimatedgi% of rape andsexu.aCassauCt victiTns v~ere femaCe, andnearCy gg°°
of the offenders in singce victim offenses tivere mace; anal
1N:IfEREAS, ~Ne mu_rt wm~k togetctier to educate the entire popucation about what ca.12 6e done
to prevent sexuaCassauct, support survivors anal their sign~:cant ot(iers, andensure survivors are
notvictimiaedagaii~; and
1N3CERE.IS, M~it(ti Leadership, dedication arufencouragement t(ere is cmmpeCCing evidence we
caia 6e successfucin reducing crimes against citizens Living in. ICCinois, through inereasedawai~eness
andbncdingperpetrators tivho commit acts of viocence responsibce for t(~eir actions; and
1N3CERE.~.S, tfie ViCCage of .Morton Grove st~ro~ngCy supports t(e dedicatedefforts of tie
Northwest Center Against SexuaC.r'~ssauct andrape crisis centers tbroug(out the state to encourage
every citizen. to a.ctivecy engage inpubcic madprivate efforts to endsexuacviocence, inccud%1Ig
conversations about wFiat sexuaCviocenee is, how to prevent it, fiativ to hey survivors connect tivttg
cruciacservices, andfo~n~ every segment of our society can work toget~e~r to better add~ess sexuaC
vloCence.
N01N, 73CERZ,~'ORE, I, 7Zic(tiaa~dJCrier, w(ayor of t(ie 1~iCCa~je of.Nlorto~n Carove do hereby
~rroeCain~. the m.ontli of Apri.Czoog as
SEXICAL ASSA1117'AIVARE.~JESS.MO.~V'I'3C
aa2cfurge acccitizens of the tiiECa~ge of 7vlorton Grove to cornin~it to tak%ng aet%on against -rape and
sexuaCassauct
NlN17NESS W3CEREOg; I have G~ereunto set ~a2y Fi.andandcausedto 6e
the se~acof the ViCCage of :Morton. Csirove.
Richard ?Crier, Viccage President
Legislative Su-iTmary
Ordinance Q9-03
AN ORDINANCE REVOKING THE SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT
6415 DEMPSTER STREET, 6421-6457 DEMPSTER STREET, AND 8717 LINCOLN AVENUE, FOR
CONSTRUCTION OF A PLANNED UNIT DEVELOPMENT
Introducfion:
Synopsis
Purpose:
Background:
Programs, Departments
or Croups Affected
Fiscal Impact:
So u rte of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
_,, Respectfully subm
Prepared
March 9, 2009
This ordinance will formally revoke the special use permit approving a planned unit development
for this site.
The revocation of this special use permit is necessary to protect the public interest.
Morton Grove DL, LLC was granted a special use permit under Ordinance OS-48 for a planned
unit development. Later the special use was amended to make minor changes to the site plan
under ordinance 06-31. The special use was then revoked under Ordinance 08-18 when
financing was not obtained. With reassurances from Morton Grove DL, LLC a special use
permit was once zgain granted under Ordinance 08-36. When the conditions of *.his special use
permit were not met, notification of the various violations were sent to Morton Grove DL, LLC
and a hearing consisting of a three member panel was held on March 3, 2009, rcr determine
whether to revoke the special use permit. The panel, after hearing testimony from the Village
and having no one present fro:.. Merton Grove DL, LLC, unanimeu€[y determined it to be in the
best interest of the Village to recommend the special use permit be revoked.
Building Department, Village Engineer, Village Planner
N/A
N/A
The Legal Department will handle the appropriate docmnentation as part of their normal
workload:
Approval
The Village Administrator is asking the Corporate Authorities to waive the second reading ofthis
ordinance.
None
~-
ade, Village ,Administrator
Liston, Corporation Counsel
ORDINANCE 09-Q3
AN ORI}INANCE REVOKING THE SPECIAL USE PERMIT FOR THE PROPERTY
LOCATED AT 6415 DENiPSTER STREET, 6421-6457 DEIi~IPSTER STREET,
AND 8717 LINCOLNAVENUE FOR THE CONSTRUCTION OF A
PLANNED UNIT DEVELOPMENT
WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule
unit of government acid under the provisions of P,rticle 7 of the 1970 Constitution of the State of
Illinois, and as such 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, Morton Grove DL, LLC, 6300 Lincoln Rvenue, Morton Grove, Illinois 60053,
was granted a special use permit under Ordinance 08-36 for a planned unit development of two
mixed unit buildings consisting of 13,115 square feet of retail space, 54 condominiwns, azid 21
tcwnhcmes; and
WHEREAS, Morton Grove DL, LLC was previously granted a special use for this planned
unit development pursuant to Ordinance OS-48; and
WI-IEREAS, pursuant to Ordinance 06-31, approved on September 1 I, 2006, the Special
Use Permit was amended in order to make minor changes to the site plan; and
WHEREAS, pursuant to Ordinance 08-18, the special use permit was revoked on June 9,
2008, due to lack of financing; and
WHEREAS, the special nse was reinstated on August 25, 2008; under ordinance 08-36; and
WHEREAS, as a condition of the special use, Morton Grove DL, LLC was required to
follow all of the conditions set forth in the special use aid in the Village of Morton Grove U~~ified
Development Code with respect to this project; and
WI-IEREAS, on February 24, 2009, the Village sent a notice to Morton Grove DL, LLC
alleging certain violations of the special use permit azld of the Village of Morton Grove Unlfred
Developn~~ent Code, those violations included:
Section I O of Ordinance 08-36 which provides in the event financing has not been
secured by September 30, 2008, and consh~uction has not commenced by January 1,
2009, this special use permit is subject to fwlher review, modification andlor
revocation; and
Section 12-6-3B.3 of the Village of A4ortore Grove Unified Development Code which
provides the ownership of the planned unit development shall not change without the
express approval of the Village Board of Trustees until the planned unit development
is fully developed.
WHEREAS, on March 3, 2009, pursuant to proper notice, a tln•ee panel board consisting of
the Village President, Corporation Counsel, and the Chairperson of the Plain Commission met and
held a hearing to determine whether such violations occurred, and if in the event such violations
occurred to determine whether the revocation of the special use was an appropriate remedy. While
the applicant was given notice of this hearing, no one appeared. After hearing testimony from
appropriate Village staff, the panel unanimously fomnd at least one violation of the conditions of the
special use permit and of the Village of Mar[on Grave Unified Development Code had and
continues to exist, and unanimously recommended the special use permit be revoked;
WFIEREAS, the Corporate Authorities concur with the findings of the ±hree member panel;
and after a hearing which took place on March 9, 2009, find that allowing the special use permit
granted to Morton Grove DL, LLC to continue is not in the best interest of the Village and does not
protect the public's health, safety, and welfare, and may cause substantial injury to the value of
other properties in the neighborhood in which the development is located, and that revocation of the
special use permit is necessary to protect said public interests.
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 though fully set forth herein, thereby making the findings as
hereinabove set forth.
SECTION 2: The special use permit granted in accordance wit1n Ordinance 08-36 those
properties located at 6415 Dempster Sfi-eet, 6421-57 Dempster Street, and 8717 Lincoln Avenue for
the development and construction of two mixed unit buildings consisting of 13;115 square feet of
retail space, 54 condominiwm units, and 21 towinlnouses, is hereby revoked.
PASSBZ) this 23~' day of March 2009
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmarm
Trustee Thill '
APPROVED by me this 23`~ day of March 2009.
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
APPROVID and PILED in my office this
24`x' day of March 2009.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Ordinance 09-OS
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGAI'tUN REN'UN~IIVC
BONDS, SERIES 2009, OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS,
AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT IN CONNECTION
THEREWITH AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL
TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS
Tntrodueed: i March 23, 2009
Synopsis: This ordinance will authorize the Village to issue General Obligation Refunding Bonds in the
amount of $8,645,000.
Purpose: ~ The issuance of these bonds will allow the Village to restructure the debt incurred pursuant to the
General Obligation Bonds Series 1999.
Background: Based on the recommendation of staff and the Village's bond consultants, Speer Financial, the
Village ran achieve a substantial debt service savings by restructuring this indebtedness. This
indebtedness is achieved by the issuance of General Obligation Refunding Bonds. These bonds
were sold on March 23, 2009, for an interest rate of .The bonds will become due annually
~ from December I, 2004 tlu•ough December 1, 2014. Interest shall be paid each dune 1 and
December 1 commencing June 1, 2009. These bonds shall not be subject to optional redemption
prior to maturity. It is anticipated the Village will realize savings of up to as a result of
this restructuring. This ordinance will authorize the execution of an escrow agreement from the
proceeds of the sale of these bonds; said escrow agreement shall be used to redeem the General
Obligation Bonds, Series 1999 and shall also provide for the levy and collection of a direct annual
tax for the payment of principal of and interest on said bonds. The Village's bond counsel,
Chapman and Cutler, LLP, will issue an opinion these bonds are qualified tax exempt obligations
under Section 265 (b) 3 of the Internal Revenue Code of 1986.
Programs, lleparts Finance and Legal Departments.
or Groups Affected
Fisca( Impact: The restructuring of these bonds will result i^ substantial interest savings for the next five years of
a total of approximately $
Source of Funds: ' Not applicable
Workload Impact: 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.
Admin Recommen: Approval as presented.
First Reading: March 23, 2009.
Special Considerat As this ordinance must be approved on the same day the bonds are sold, staff leas requested a
or Requirements: ; second reading of this ordinance be waived.
Respectfully submitted:
Village
Reviewed by: ~,/;4.(~= (!°a ~c- /`~ Prepared 6y: __ __
Teresa ~ foffin i L} t n,Corporation Counsel Patricia M. Curb~er, Chapman & Cutler, LLP
fixTxnCT O~ MMUTES of the regular public meeting of the
President and Board of Trustees of the Village of Morton Grove,
Cook Comity, Illinois, held at Village Hall, 6101 Capulina
Avenue, in said Village, at 7:30 p.m., on the 23rd day of March,
2009.
The President called the meeting to order and directed the Village Clerk to call the roll.
Upon the roll being called, the President and the following Trustees answered physically
present at said location:
The following Trustees were allowed by a majority of the 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:
No Trustee was refused permission 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:
The President and Board of Trustees then discussed a proposed refunding for the Village
and considered an ordinance providing for the issuance of General Obligation Refunding Bonds,
Series 2009, of the Village of Morton Grove, Cook County, Illinois, authorizing the execution of
an escrow agreement and providing for the levy and collection of a direct annual tax for the
payment of the principal of and interest on said bonds.
Thereupon, Trustee presented and the Village Attorney explained in
full the following ordinance, which was before the President and Board of Trustees and made
available to any person requesting one in words and figures as follows:
General obligation bonds 2009
2167120 • PMC • 3/19/09
AN ORDINANCE providing for the issuance of General Obligation
Refunding Bonds, Series 2009, of the Village of MOrCOn Grove,
Cook County, Illinois, authorizing the execution of an escrow
agreement in connection therewith and providing for the levy aa~d
collet ion of a direct annual tax for the payment of the principal of
and interest on said bonds.
(the "Bond Or•c~inrznce ").
Trustee moved and Trustee seconded the
motion that the Bond Ordinance as presented be adopted.
After discussion thereof, including a public recital of the nature of the matter being
considered and such other information as would inform the public of the business being
conducted, the President directed that the roll he called for a vote upon the motion to adapt the
Bond Ordinance.
Upon the roll being called, the following Trustees voted AYE:
and the following Trustees voted NaY:
WHEREUPON, the President declared the motion carried and the ordinance adopted., and
henceforth did approve and sign the same in open meeting, and 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, the meeting adjourned.
Village Clerk
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TABLE OF CONTENTS
SECTION HEADING PAGE
PREAMBLES ....................................................................................................... ...............................1
SECTION 1. DEFINITIONS .......................................................:........................ ...............................2
SECTION 2. INCORPORATION OF PREAMBLES .................................................. ...............................6
SECTION 3. DETERMINATION TO ISSUE BONDS .............................................. ...............................6
SECTioN 4. BOND DGTAiLS ............................................................................. ...............................6
SECTION S. EXECUTION; AUTHENTICATION .................................................... ...............................8
SECTION 6. MANDATORY AND OPTIONAL REDEMPTION ................................. ...............................5
SECTION ~. BOOK-ENTRY FORM ..................................................................... .............................I4
SECTION S. REGISTRATION; TRANSFER; EXCHANGE; OWNERS ....................... .............................16
SECTION 9. SECURITY ..................................................................................... .............................18
SECTION 10. FORM OF BONDS ........................................................................ .............................18
SECTION 11. TAX LEVY; ABATEMENT ............................................................. ............................24
SECTION 12. FILING WITH COUNTY CLERK ...................................................... ............................26
SECTION 13. SALE OF BONDS .......................................................................... .................... _......26
SECTION 14. CRGATTON OF FUNDS AND APPROPRIATIONS ............................... ............................27
SECTION 18. REIMBURSEMENT ........................................................................ ............................28
SECTION 16. NOT PRIVATE ACTIVITY BONDS .................................................. ............................28
SECTION 17. REGISTERED FORM ..................................................................................................29
SECTION 18. FURTHER T.AX COVENANTS; REBATE; BANK QUALIFICATION ................................29
SECTION 19. OPINION OP COUNSEL EXCEPTION .........................................................................31
SECTION 20. RIGHTS AND DUTIES OF BOND REGISTRAR .............................................................31
SECTION 22. BOND INSURANCE ...................................................................................................32
SECTION 23. CONTINUING DISCLOSURE UNDERTAKING ..............................................................32
SECTION L4. DEFEASANCE .........................................................................................................33
SECTION 25. TAXES PREVIOUSLY LEViED ...................................................................................33
SECTION 26. PUBLICATION OF ORDINANGE .................................................................................34
SECTION 27. SUPERSEDER AND EFFECTIVE DATE ........................................................................35
This Table of Contents is for convenience only and is not a part of the ordinance.
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ORDINANCE. NUMBER 09-09
Atv ORDINANCB providing for the issuance of General Obligation
Refunding Bonds, Series 2009, of the Village of Morton Crrove,
Cook Comity, Illinois, authorizing the execution of an escrow
agreement in connection therewith and providing for the levy and
collection of a direct annual tax for the payment of the principal of
and interest on said bonds.
WHEREAS, by pursuant to a referendum held on the 18th day of March, 1980, the Village
of Morton Grove, Cook County, Illinois (the "Village "), is a home rule unit pursuant to
Section 6 of Article VII of the 1970 Constitution of the State of Illinois, and as such is
empowered to perform any function pertaining to its government and affairs, including the power
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 40 years from the time it is incurred without prior referendum approval: and
WHEREAS, the Village has heretofore issued and there are now outstanding certain bonds
and obligations of the Village, including, specifically, certain General Obligation Bonds,
Series 1.999 (the "Prior Bonds"); and
WHEREAS, the President and Board of Trustees of the Village (the "Corporate
Authorities ") has heretofore and it hereby is determined that it is advisab]e and necessary and in
the best interests of the Village that some or all of the Prior Bonds (behlg the "Refunded Bonds ")
be refunded (the "Refunding") in order to achieve debt service savings and to restructure the
indebtedness evidenced by the Prior Bonds; and
WHEReas the specific Refunded Bonds will be determined in an Escrow agreement as
hereinafter authorized to be executed by and on behalf of the Village but are presently expected
to be those Prior Bonds identified in the report of Speer Financial, Inc., the Village's financial
advisor ("Speer "}, heretofore; presented to the Corporate Authorities; and
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WHEREAS the estimated cost to the Village of the Refunding is the sum of $_,_,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
Refunding, and it will be necessary to borrow $_,_,000 to pay The same, and in evidence of
such borrowing to issue general obligation bonds of the Village as herein provided for in the
aggregate principal amount of $_,_,000; and
WHEREas, the Corporate Authorities have heretofore and it hereby is determined that it is
advisable and necessary that such indebtedness be incurred in accordance with the Act as
hereinafter defined, thatsaid bonds be issued as one or more series of general obligation bonds in
the aggregate amount of $_,_,000, wsthout submitting the Question of incuzxing such
indebtedness to the electors of the Village for their approval, all as authorized and provided in
flee hereinafter defined Act:
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. A. The following words and terms are as defined in the
preambles hereto.
Corporate Authorities
Prior Bonds
Refunded Bonds
Refunding
Speer
Village
B. The following words and terms are defined as set forth.
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"Act" means the Illinois Municipal Code, as supplemented and amended, and
particularly as supplemented and amended by the Local Government Debt Reform Act, as
amended, and the other Omnibus Bond Acts, as amended, and as further supplemented, and
where necessity, superseded, by Section 6 of Article VII of the 1970 Constitution of the State of
Illinois.
"Authorized Denominations"meins $5,000 or any integral multiple thereof.
"Bond" or "Bonds" means one or more, as applicable, of the General Obligation
Refunding Bonds, Series 2009, authorized to be issued by this Ordinance.
"Bond Counsel" means Chapman and Cutler LLP, Chicago, Illinois.
"Bond Fund" meats tl.e 2009 General Obligation Refunding Bonds Bond Fund created
in Section 11 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.
"Bond Regish•ar" means The Bank of New York Mellon Trust Company, National
Association, Chicago, Illinois, or a successor thereto or a successor designated as bond registrar
hereunder.
"Book Entrv Fonn"means the form of Bonds in which they are delivered to a depository
and held solely by a depository, or its nominee, as record owner, transfers of beneficial
ownership for such Bonds being made by book entries in accordance with the procedures of such
depository.
"Code" means the Internal Revenue Code of 1986, as amended.
"County Clerk" means the County Clerk of The County of Cook, Illinois.
"DTC" means The Depository Trust Company, New York, New York, or successor
depository duly qualified to do business as a securities depository, and assigns.
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"Designated Officers" means the President acting with any one of the Village Clerk, the
Village Administrator, or the Acting Village Treasurer/Finance Director, or successors or
assigns.
"Escrow Agent" means The Bank of I~iew York Meiion Trust Company, National
Association, Chicago, Illinois, having fiduciary powers, and successors or assigns.
"Escrow Agreement" means that certain escrow agreement by alzd between the Village
and the Escrow Agent, as hereinafter provided.
"2009 Full Faith and Credit Taxes "means the unlimited ad valorem taxes levied by and
under this Ordinance on all of the taxable property in the Village, sufficient to pay all principal
of and interest on the Bonds when due.
`Insurer" means ,the issuer of a [financial guaranty/municipal
bond] insurance policy for the Bonds.
"Interest Payment Date" means a Stated Maturity of interest on the Bonds.
"Outstanding" or "outstanding" refers to Bonds which are outstanding and unpaid;
providet~ however, such tenan shall not include Bonds (i) which have matured and for which
moneys are on deposit with proper paying agents, or are otherwise properly available, sufficient
to pay all principal thereof and interest thereon, or (ii} the provision for payment of which has
been made by the Village by the deposit in an irrevocable trust or escrow of funds or direct, full
faith and credit obligations of the United States of America, the principal of and interest on
which will be sufficient to pay at maturity or as called for redemption all the principal of and
interest on such Bonds .
"Ordinance" means this Ordinance, nwnbered as set forth on the title page hereof,
passed by the Corporate Authorities on the 23rd day of March, 2009.
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"Paying. Agent" means The Bank of New York Mellon Trust Company, National
Association, Chicago, Illinois, or a successor thereto or a successor designated as paying agent
hereunder.
`Purchaser" means the initial purchaser of the Bonds from the Village.
"Purchase Pr°ice" means the price paid to the Village by the Purchaser for the Bonds, to-
wit: $
"Qualified Investments" meads any investments for Village funds as may be fiom time
to time authorized under Illinois law.
"Record Dace "means the fifteenth day of the month next preceding any regular Interest
Payment Da±e or f Steen days prior ±e a~*:y Interes± Payment Date occasioned by a redemption of
Bonds on other than a regularly scheduled Interest Payment Date.
"Representation Letter" means any letter or agreement to be executed among the Bond
Registrar, the Village and DTC and necessary to effectuate a book entry system for the Bonds.
"Stated Maturity" when used with respect to any Bond or Refunded Bond or any interest
thereon means the date specified in such Bond or Refunded Bond as the fixed date on which the
principal of such Bond or Refunded Bond is due and payable, whether by maturity, mandatory
redemption or otherwise.
"Tax-exempt" means, with respect to the Bonds, the status of interest paid and received
thereon as excludable from gross income of the owners thereof under the Code for federal
income tax purposes.
"Tenn Bonds" means Bonds which are subject to mandatory redemption prior to
maturity by operation of the Bond Fm1d, as hereinafter provided.
"Village Ti°easurer" means the Treasurer/Finance Director of the Village.
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C. For all purposes of this Ordinance, except as otherwise expressly provided herein or
unless the context otherwise requires:
1. The terms defined in this Section or elsewhere in this Ordinance have the
meanings assigned to them and include the plural as well as the singular (or vice-versa).
2. All accounting terms not otherwise defined herein have the meanings
assigned to them, and all computations herein provided for shall be made, in accordance
with generally accepted accounting principles for municipal enterprise funds.
3. All references in this Ordinance to designated "Sections" and other
subdivisions are to the designated Sections and other subdivisions of this Ordinance as
originally adopted.
4. The words "herein," "hereof' and "hereunder" and other words of similar
nnpoi•1 refer to this Ordinance as a whole and not to any particular Section or other
subdivision.
Section 2. bacorporation of Premaables. The Corporate Authorities hereby find that all
of the recitals contained in the preambles to this Ordinance are true, correct and complete and do
incorporate them into this Ordinance by this reference.
Section 3. Determination To Issue Bonds. It is necessary and in the best interests of
the Village to provide for the Refunding, to pay all related costs and expenses incidental thereto,
and to borrow money and issue the Bonds for such purpose. It is hereby found and determined
that such borrowing of money peiKains to the government and affairs of the Village, is necessary
for the welfare of the goverunent and affairs of the Village, is for a proper public purpose or
purposes acid is iii the public interest, and is authorized pwsuant to the Act; and these findings
and determinations shall be deemed conclusive.
Section 4. Bond Details. Por the purpose of providing for the payment of the costs of
the Refunding, and to pay all related costs and expenses incidental thereto, there shall be issued
and sold the Bonds in the aggregate principal amount of $ .The Bonds shall each be
designated "General Obligation Refunding Bond, Series 2009" (or such other name or series
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designation as the. Designated Officials shall deterinine to he appropriate), and shall be dated
April 1, 2009 (being the "Dated Date"), az~d shall be in Authorized Denominations (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 bear
interest at the rates percent per annum a~ld (subject to provisions for Term Bonds and subject to
right of redemption as hereinafter prodrded) shall become due and payable serially on
December 1 of the years and in the amounts as follows:
The principal of and redemption premium, if any, due on the Bonds shall be payable in
lawful money of the Linited States of America upon presentation thereof at the principal office
maintained for the purpose by the Paying Agent in Chicago, Illinois, or at the successor Paying
Agent arld locality.
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 semiannually on .Tune 1 aid
December 1 of each year, commencing on June 1, 2009.
A11 Bonds shall bear the date of authentication thereof, shall be in fully registered form
and shall be in Book Entry Form. Interest on the Bonds 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 hi whose name such Bond is registered at the close of business on the
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appfieable Record Date, or as otherwise agreed to by the Village and CEDE & Co., as nominee, or
successor, for as long as the Bonds are held in Book Entry Form as provided for same.
Principal of and redemption price of the Bonds shall be paid upon surrender in lawful
money of the United. States of America, at the principal office maintained for the purpose by the
Paying Agent in Chicago, Illinois, or at successor paying agent and locality.
Section 5. Execution; Authentication. The Bonds shall be executed on behalf of the
Village by the manual or duly authorized facsimile signature of ifs President and attested by the
manual or duly authorized facsimile signature of its Village Clerk, as they may determine, aizd
shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the Village.
In case ary sucl: officer whcsa signature shall appear cn any Band shall cease tc be sueh 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 date 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 eerti~f cate 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 alt of the Bonds issued hereunder.
Section 6. Mandatory and Optional Redemption. ~. Mandatory Rede~npLion. The
Bonds coming due on December l of the years 20__, are Term Bonds and are subject to
A-8
mandatory redemption by operation of the Bond Fund at a price of par, without premium, plus
accrued interest to The date f xed for redemption, on December 1 of the years and in the amounts
as follows:
If the Village purchases Tenn Bonds of any maturity, then an amount equal to the
principal amount of Term Bonds so purchased shall be deducted from the mandatory redemption
requirement as provided for Term Bonds of such maturity, first, in the current year of such
requirement, until the requirement for the current year has beer. fully met, and then in any order
of payment on the Term Bonds as due at maturity or subject to mandatory redemption in any
year as the Village shall at such time determine. If the Village redeems pursuant to optional
redemption or purchases Term Bonds of any maturity, then an amount equal to the principal
amount of Term Bonds so redeemed or purchased shall be deducted from the amount of Term
Bonds as due at Stated Maturity or subject to mandatory redemption requirement in any year as
the Village shall determine. The Village shall provide the Bond Registrar with written notice of
such reduction, which notice shall be given withal 30 days after such redemption or purchase,
and the Bond Registrar shall promptly give written notice of the same to the Bondholders, in the
manner hereinafter provided.
B. Optional Redemption. The Bonds are not subject to redemption prior to maturity at
the option of the Village.
C. Redemption Procea'ure. The Bonds subject to redemption shall be identified, notice
given, and paid atld redeemed pursuant to the procedures as follows.
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1. Redemption Notice. For a mandatory redemption of Term Bonds, the
Bond Registrar shall proceed to redeem the Term Bonds without any further order or
direction from the Village whatsoever. For an optional redemption, the Village shall, at
least 45 days prior to any optional redemption date (unless a shorter time period shall be
satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date
and of the principal amount and maturities of Bonds to be redeemed.
2. Selection of Bonds within a Maturity. For purposes of any redemption of
less than all of the Bonds of a single maturity, the particular Bonds or portions of Bonds
to be redeemed shall be selected by lot by the Bond Registrar fo`r the Bonds of such
maturity by such method of lottery as the Bond Registrar shall deem fair and appropria±e;
provided, that such lottery shall provide for the selection for redemption of Bonds or
partions thereof so that any $5,000 Bond ar $5,000 portion of a Bond shall be as likely to
be called for redemption as any other such $5,000 Bond or $5,000 portion. The Bond
Registrar shall make such selection (1) upon or prior to the time of the giving of official
notice of redemption, or (2) in the event of a refunding or defeasance, upon advice from
the Village that certain Bonds have been refunded or defeased and are no longer
Outstanding as defined.
3. Off cial Notice of Redemption. The Bond Registrar shall promptly notify
the Village in writing of the Bonds or portions of Bonds selected for redemption and, in
the case of any Bond selected for partial redemption, the principal amount thereof to be
redeemed. Unless waived by the registered owner of Bonds to be redeemed, official
notice of any such redemption shall be given by the Bond Regisfrar on behalf of the
Village by mailing the redemption notice by first class U.S. mail not less than 30 days
and not more than 60 days prior to the date fixed for redemption to each registered owner
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of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at
such other address as is furnished in writing by such registered owner to the Bond
Registrar. All official notices of redemption shall include the name of the Bonds and of
least the information as follows:
(a) the redemption date;
(b) the redemption price;
(c) if less than ail of the outstanding Bonds of a particular maturity are to
be redeemed, the identification (and, in the case of partial redemption of Bonds
within such maturity, the res°pective principal amounts) of the Bonds to be
redeemed;
(d) a statement that on the redemption date the redemption price will
become due and payable upon each such Bond or portion thereof called for
redemption and that interest thereon shall cease to accrue from and after said date;
and
(e) the place where such Bonds are to be surrendered for payment of the
redemption price, which place of payment shall be the office designated for that
purpose of the Bond Registrar.
~4. Conditional Redemption. Unless moneys sufficient to pay the redemption
price of the Bonds to be redeemed shall have been received by the Bond Registrar prior
to the giving of such notice of redemption, such notice may, at the option of the Village,
state that said redemption shall be conditional upon the receipt of such moneys by the
Bond Registrar on or prior to the date fixed for redemption. If such moneys arc not
received, such notice shall be of no force and effect, the Village shall not redeem such
Bonds, and the Bond Registrar shall give notice, in the same manner in which the notice
A-] 1
of redemption was given, that such moneys were not so received and that such Bonds will
not be redeemed.
5. Bonds Shall Become Due. Official notice of redemption having been
given as described, the Bonds or portions of Bonds so to be redeemed shall, subject to the
stated condition u7 paragraph (D) immediately preceding, on the redemption date,
become due and payable at the redemption price therein specified, and from and after
such date (unless the Village shall default in the payment of tl~e redemption price) such
Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds
for redemption in accordance with said notice, suc15 Bonds shall be paid by the Boni
Registrar at the redemption price. The procedure for the pa.ymert of interest due as cart
of the redemption price shall be as herein provided for payment of interest otherwise due.
6. Insufficiency in Notice Not Affecting Other Bonds; Failure to Receive
Notice; Waiver. Neither the failure to mail such redemption notice, nor any defect in any
notice so mailed, to any particular registered owner of a Bond, shall affect the sufficiency
of such notice with respect to other registered owners. Notice having been properly
given, failure of a registered owner of a Bond to receive such notice shall not be deemed
to invalidate, limit or delay the effect of the notice or redemption action described in the
notice. Such notice may be waived in writing by a registered owner of a Bond entitled to
receive such notice, either before or after the event, and such waiver shall be the
equivalent of such notice. Waivers of notice by registered owners shall be filed with the
Bond Registrar, but such filing shall not be a condition precedent to the validity of any
action taken in reliance upon such waiver. In lieu of the foregoing official notice, so long
as the Bonds ar°e held in book entry form, notice nzay be given as Brovided in the
ReBresentation hette~°, and the giving of such notice shall constitute a waiver by DTC arul
A-12
the book entry owner, as registered owner, of the foregoing notice. After giving proper
notiftcation of r°edemption to the Bond Registr°ar, as applicable, the Village shall not be
liable for any failure to give or defect in notice.
7. New Bond in Amount Not Redeer~zed. Upon surrender for any partial
redemption of any Bond, there shall be prepared for the registered owner a new Bond or
Bonds of like tenor, of Authorized Denominations, of the same maturity, and bearing the
same rate ofsnterest in the amount of the unpaid principal.
8. Effect of Nonpayment upon Redemption. If any Bond or portion of Bond
called for redemption shall not be so paid upon surrender thereof for redemption, the
prinC?pal Shall herame due and payable on demand, as afCr~S,~..d, ~"•r nt:l paid C.' d;;ly
provided for, shall continue to bear interest from the redemption date at the rate borne by
the Bond or portion of Bond so called for redemption.
9. Bonds to Be Cancelled,' Payment to Identify Bonds. All Bonds which have
been redeemed shall be cancelled arrd destroyed by the Bond Registrar and shall not be
reissued. Upon the payment of The redemption price of Bonds being redeemed, each
check or other transfer of funds issued for such purpose shall bear the CUSIP number
identifying, by issue aid maturity, the Bonds being redeemed with the proceeds of such
check or other transfer.
10. Additional Notice. The Village agrees to provide such additional notice of
redemption as it may deem advisable at such time a5 it determines to redeem Bonds,
taking into account airy requirements or guidance of the Securities and Exchange
Commission, the Municipal Securities Ruiemaking Board, the Government Accoiuiting
Standards Board, or any other federal or state agency having jurisdiction or authority in
such matters; provided, however, that such additional notice shall be (1) advisory in
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nafure, (2) solely in the discretion of the Village (unless a separate agreement shall be
made), (3) not be a condition precedent of a valid redemption or a part of the Bond
contract, and (4) any failure or defect in such notice shall not decay or invalidate the
redemption of Bonds for which proper official notice shall have been given. Reference is
also made to the provisions of the Continuing Disclosure Undertaking of the Village with
respect to the Bonds, which may contain other provisions relating to notice of redemption
of Bonds.
ll. Bond Registrm^ to Advise Village. As part of its duties hereunder, the
Bond Registrar shall prepare and forward to the Village a statement as to notices given `
with respect to each redemption together with copies of the notices as mailed.
Section 7. Book-Entry Form. The Bonds shall be initially issued in the form of a
separate single fully registered Bond for each maturity. Upon initial issuance, the ownership of
each such Bond shall be registered in the Bond Register therefor in the name of CEDE & Co., or
ally successor thereto, as nominee of DTC. All of the outstanding Bonds from time to time sha1I
be registered in the Sond Register in the name of CEDE & Co., as nominee of DTC: Any
Designated Officer is authorized to execute and deliver on behalf of the Village a Representation
Letter. Without limiting the generality of the authority given to the Designated Officers with
respect to entering into such Representation Letter, it may contain provisions relating to
(a) payment proeed~ues, (b) t1•ansfers of the Bonds or of beneficial h2terest therein,
(c) redemption notices or procedures unique to DTC, (d) additional notices or communications,
and (e) amendment from time to time to conform with changing customs and practices with
respect to securities industry transfer and payment practices.
With respect to Bonds registered in the Bond Register in the name of CEflF & Co., as
nominee of DTC, the Village and the Bond Registrar shall have no responsibility or obligation to
A-14
any broker-dealer, baiilc or other financial institutions for which DTC holds Bonds from time to
time as securities DTC (each such broker-dealer, bank or other fnancial 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 meaning of the immediately
preceding sentence, the Village and the Bond Registrar shall have no responsibility or obligation
with respect to (a) the accuracy of the records of DTC, CEDE & Co., or any DTC Participant with
respect to any ownership interest in the Bonds, (b) the delivery to any DTC Participant or any
other person, other than a registered owner of a Bond as shown in the Bond Register, or arry
notice with respect to the Bonds, including any notice of redemption, or (e) 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 principal of or interest on the Bonds.
No person other than a registered owner of a Bond as shown in the Bond Register shall
receive a Bond certificate with respect to any Bond. Upon delivery by DTC to the Bond
Regish•ar of written notice to the effect that DTC has determined to substitute a new nominee in
place of CEDE & Co., and subject to the provisions hereof with respect to the payment of interest
to the registered owners of Bonds at the close of bushless on the Record Date for and Interest
Payment Date, the name "CEDE & Co." in this Ordinance shall refer to such new nominee of
DTC.
In the event that (a) the Vi]lage determines that DTC is incapable of discharging its
responsibilities described herein and in the Representation Letter, (b) the agreement among the
Village, the Bond Registrar and DTC evidenced by the Representation Letter shall be terminated
for any reason, or (c) the Village determined that it is in the best interests of the beneficial
owners of the Bonds that they be able to obtahi certificated Bonds, the Village shall notify DTC
and DTC Participants of the availability of Bond certificates, and the Bonds shall no longer be
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restricted to being registered in the Bond Register in the name of CEDE & CO., as nominee of
DTC. The Village may determine that the Bonds shall be registered in the name of and
deposited with a successor depository operating abook-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
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 hereof Notwithstanding any other provision of this Ordinance to the contrary, so
long as any Bond is registered in the name of CEDE & Co., as nominee of DTC, all payments
with respect to principal of and interest on such Bond and all notices with respect to such Bond
shall be made and given, respectively, in the mamrer provided in the Representation Letter.
In the event that the Bonds ever become generally registrable, as aforesaid, any
Designated Officer may, in his or her discretion at such time, designate a bank with trust powers
or trust company, d~u1y authorized to do business as a bond registrar, paying agent, or both, to act
in one or both such capacities hereunder, in the event that the Designated Officers shall
deterniine it to be advisable. Notice shall be given to the registered owners of any such
designation in the same manner, as near as may be practicable, as for a notice of redemption of
Bonds, and as if the date of such successor taking up its duties were the redemption date.
Section 8. Registration; Transfer; Exchange; Owners. The Village shall cause the
Bond Register to be kept at the principal office maintained for the purpose by the Bond Registrar
in [Morton Grove], Illinois, 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.
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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 office maintained for the purpose by 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 Date 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; p~°ovided, however, the principal amount 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, alld 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. AIt such payments shall be valid azrd effeehzal to satisfy and discharge the
liability upon such Bond to the extent of the sum or sums so paid.
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No service charge shall be made to any registered owner of Bonds 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 he imposed in connection with
any transfer or exchange of Bonds.
Section 9. Security. The Village hereby pledges the full faith and credit of the
Village to the Bonds, and the Bonds are secured by the Village's levy of the 2009 Full Faith and
Credit Taxes.
Section 10. Form ~f Bonds. The Bonds shall be in substantially the forms hereinafter
set forth; provided, however, that if the text of the Bond is to be printed in its entirety on the front
side of the Bond, then the second paragraph of the front side of the Bend and the legend "See
Reverse Side for Additional Provisions" shall be omitted and paragraphs on the reverse side of
the Bond shall be inserted immediately after the first paragraph on the front side.
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[Form of Bond -Front Side]
REGISTERED REGISTERED
No. $
UNITED STATES OF AMERICri
STATE OF)"LLINOIS
COUNTY OF COOK
VILLAGE OF MORTON GROVE
GENERAL OBLIGATION REFUNDING BOND
SERIES 2009
See Reverse Side for
Additional Provisions
Interest Maturity Dated CUSIP
Rate: % Date: December I, 20_ Date: April I, 2004
Registered Owner: CEDE & Co.
Principal Amount: DOLLARS
KNOW ALL PERSONS I3Y THESE PRESENTS that the Village of Morton Grove, Cook
County, Illinois, a home rule unit, municipality 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 Maurity
Date identified above, the Principal Amount identified above and to pay interest (computed on
the basis of a 360-day yea~• 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 am~mn identified
above, such interest to be payable on June 1 and December l of each year, connnencing June 1,
2009, until the Principal Amount is paid or duly provided for, except as the hereinafter stated
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provisions for redemption prior to maturity may and shall become applicable hereto. The
principal of and. redemption. premium, if any, due on this Bond are payable in lawful money of
the United States of America upon presentation hereof at the principal office maintained for the
purpose by The Bank of New York Mellon Trust Company, National Association, Chicago,
Illinois, as paying agent (the "Paying ~ge~zt") and bond registrar (the "Bond Registrar").
Payment of interest shall be made to the Registered Owner hereof as shown on the registration
books of the Village maintained by the Bond Registrar at the close of business on the applicable
Record Date. Interest on the Bonds 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 acTdress of
such Registered Owner as it appears en such registration books or at such other address
furnished in writing by such Registered Owner to the Bond Registrar, or as otherwise agreed to
by the Village and CEDE & Co., as nominee of DTC, for so long as this Bond is held in book-
entry only form as provided for same. As long as the Bonds are held in Book Entry Form as
provided in the hereinaSter defined Ordinance, payments of principal of and interest on the
Bonds may be paid to the registered owner thereof u7 same-day funds on each payment date as
authorized hereunder.
Reference is hereby made to the further provisions of this Bond set forth on the reverse
hereof and Bach further provisions shall for all purposes have the same effect as if set forth at
this place.
It is hereby certified and recited that 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, 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
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evidenced or incurred, does not exceed any constitutional or statutory or other lawful limitation;
and that provision has been made for the collection of the 2009 Fuii Faith and Credit Taxes and
fiu2her, that the Village will comply with all of the covenants and maintain the funds and
accounts as provided by the Ordinance.
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, 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 facsinle thereof to be i~:?pressed or reprodrzeed hereon, all as a~Ppearing
hereon and as of the Dated Date identified above.
President, Village of Morton Grove
Cools County, Illinois
Attest:
Village Clerk, Village of Morton Grove
Cook County, Illinois
[Sent]
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Date of Authentication:
CeRTtFtCATe Bond Registrar and Paying Agent:
of The Bank of New York Mellon Trust C
AUTHENTICATION National Association, Chicago, Illinois
This Bond is one of the Bonds described in the
within mentioned Ordinance and is one of the
Genera] Obligation Refunding Bonds, Series 2009,
having a Dated Date of April 1, 2009, of the Village
of Morton Grove, Cook County, Illinois.
The Bank of New York Mellon Trust Company, National Association, Chicago, Illinois,
as Bond Registrar
BY.
[Form of Bond -Reverse Side]
This bond and each bond of the series of which it forms a part (the `Bonds ") are issued
pursuant to the Illinois Municipal Code, as supplemented and amended, and particularly as
supplemented and amended by the Local Govermnent Debt Reform Act, as amended, and the
other Onmibus Bond Acts, as amended, and as further supplemented, and where necessary,
superseded, by Section 6 of Article VII of the 1970 Constitution of the State of Illinois (together,
the "Act"). The Bonds are being issued to pay the costs of the Refunding, all as more fully
described in proceedings adopted by the President and Board of Trustees of the Village (the
"Corporate Authorities ") and hi au ordinance authorizing the issuance of the Bonds adopted by
the Corporate Authorities on the 23rd day of March, 2009 (the `Bo~zd Ordiiaa~zce "), to all the
provisions of which the holder by acceptance of this Bond assents.
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 the Bond Ordinance. Upon surrender
for transfer or exchange of any Bond at the principal office maintained for the purpose by the
Bond Registrar in Chicago, Illinois, duly endorsed by or accompanied by a written instrument or
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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 Hke 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 Date to the opening
of business on such Interest Payment Date.
The Bonds coming due on December ., 2~_, and 20_, are Ten:: Bonds
and are subject to mandatory redemption prior to maturity by operation of the Bond Fund, at a
redemption price of par, without premium, plus accrued interest to the date fixed for redemption,
on December 1 of the years and in the amounts as follows:
FoR THe 20 Tslzm Bonds
YEAR AMOUNT(S)
FOR THS 2O_ TERM BONDS
YEAR AMOUNT(S~
The Boaa~ds are subject to optional redemption prior Co maturity.
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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.
This Bond is a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the
Internal Revenue Code of 1986, as amended.
INSURANCELEGE~D APPEARS HERE
[~;SS IGN M GNT
FoR VntUE RecEivEO, the undersigned sells, assigns and transfers unto
(Name acid Address of Assignee)
the within Bond and does hereby irrevocably consfitute and appoint
as attorney to transfer the said Bond on the books kept for registration thereof with full power of
substitution in the premises.
llated:
Signature guaranteed:
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
partictiilar, without alteration or enlargement or any change whatever.
~'ection 11. Tax Levy, AbcrCeme~zt. A. TAX LEVY. For the purpose of providing funds
required to pay the interest on the Bonds promptly when acid. as the same falls due, grid 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
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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 direct annual taxes (the "2009 Fuld Faith and
CrediC Taxes °) for the years and in the amounts as follows:
The Village covenants and agrees with the Purchaser and registered owners of the Bonds
that so long as any of ffie 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 levies. The Village and its officers will comply with all present and future
applicable laws in order to assure that the 2009 Full Faith and. Credit Taxes may be levied,
extended and collected as provided herein and deposited into a fund hereby created and to be
known as the "2009 General Obligation Refunding Bonds Bond Fund" (the "Bond Fund")
which fund shall be a trust fluid for the benefit of the registered owners of the Bonds and shall be
held segregated and apart from other funds of the Village. In the event that the 2009 Full Faith
and Credit Taxes, or atiy of them, are ever extended for col]ection, such taxes shall be deposited
by the Village upon receipt into the Bond Fund and shall be used solely and only to pay the
principal of and interest on the Bonds. Monies to the credit of the 2009 Full Faith and Credit
Taxes Account shall be used first and a~•e pledged for paying the principal of and interest and
applicable premium on the Bonds.
Interest or principal coming due at any time when fllere are insufficient funds on hand
from the 2009 Full Faith and Credit Taxes to pay the same shall be paid promptly when. due from
current funds on hand in advance of the collection of the 2009 Fuli Faith and Credit Taxes herein
levied.; and when the 2009 Full Faith and Credit Taxes shall have been collected, reimbursement
shall be made to said funds in the amount so advanced.
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B. ABATEMENT. Whenever and only when other funds from any lawful source are
made available for the purpose of paying any principal of or interest on of the Bonds, so as to
enable the abatement of the taxes levied herein for the payment of same, the Corporate
Authorities 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 arnomrt 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.
Seetzon 12. Filing with County Clerk. Promptly, as soon as this Ordnnance becomes
effective, a copy hereof certified by the Village Clerk of the Village, shall be filed with the
County Clerk; and said County Clerk shall in and for each of the years as hereinabove set forth
ascertain the rate percent required to produce The aggregate tax hereinbefore provided to be
levied in each of said years and in said County; and said County Clerk shall (to the extent said
tax has not been abated as provided herein) extend the same for collection on the tax books iu
connection with arry other taxes that may be 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 mamier as provided by law for the levy and
collection of taxes for general corporate purposes for said years, without limit as to either rate or
amount, and in addition to and in excess of all other taxes.
Section 13. Sale of Bonds. The Bonds shall be executed as in this Ordinance provided
as soon after the passage hereof as may be, shall be deposited with the Village Treasurer, and
shall be delivered to the Purchaser upon the payment of the Purchase Price. The contract for the
sale of the Bonds to the Purchaser as presented to the Corporate Authorities at this meeting (the
"Purchase Contract ") is hereby in all respects ratified, approved and confirmed, it being hereby
declared that no person holding any office of the Village, either by election or appointment, is in
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any mam~er financially interested, either directly in his own name or indirectly in the name of
airy other person, association, trust or corporation, in such contract.
The Preliminary Final Official Statement of the City, dated March 9. 2009, relating to the
Bonds and heretofore presented to the Corporate Authorities, is hereby ratified and approved.
The Final Official Statement of the Village, dated within seven days of the date of sale of the
Bonds, relating to the Bonds (the "Final Official Statement"), presented to the Corporate
Authorities at this meeting is hereby approved, and the Purchaser is hereby authorized on behalf
of the Village to distribute copies of the Final Official Statement to the ultimate purchasers of the
Bonds. The Designated Officers are hereby further expressly authorized to take any action as
may be requir:,d on the part of the grillage to consummate tl=e transactio.^s coF.templated by the
Purchase Contract, this Ordinance, said Preliminary Official Statement, said final Official
Statement, and the Bonds, including, specifically, the execution of a tax certificate as prepared
by Bond Counsel, the Escrow Agreement and customary closing documents, their execution
thereof to constitute ratification of the terms and provisions thereof by the Corporate Authorities
without any further official action or direction thereby.
Section 1 ~. G~eation of Funds and Appropriations. A. Accrued 'interest on the
Series 2009 Bonds shall be and is hereby appropriated for the purpose of paying first interest due
on the Series 2009 Bonds, and to such end is hereby ordered to be deposited into the Bond Fund.
B. The sum necessary shall be used to pay costs of issuing the Bonds and to that end
shall be deposited into an Expense Fund, hereby created, and shall be disbursed therefrom by the
Treasurer f~~otn time to time as necessary. Any funds on deposit in the Expense Fund and not so
disbursed within six months after issuance of the Bonds shall be transferred to the Bond Fund.
C. Premium, if any, received upon the delivery of the Bonds and principal proceeds
of the Bonds as is necessary, together with such money in the debt service funds for the
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Refunded Bonds as may be advisable for the purpose, shall be used to provide for the Refunding,
pursuant to the provisions of an Escrow Agreement with the Escrow Agent, in the form as
provided by Bond Counsel and approved by the Village Attorney, made a part hereof by this
reference, and hereby approved; the officers appeazing signatory to such Escrow Agreement aze
hereby authorized and directed to execute same, their execution to constitute conclusive proof of
action in accordance with this Ordinance, and approval of all completions or revisions necessary
or appropriate to effect the Refmlding.
Section I5. Reimbursement. None of the proceeds of the Bonds (including all of the
Refunded Bonds) will be or was used to pay, diiectly or indirectly, in whole or in part, for an
expenditure that has or had been paid by tha Village prior to the date of adoption by ±he
Corporate Authorities of this Ordinance or, with reference to the Refunded Bonds, the
ordinances authorizing the issuance of the Refunded Bonds.
Section 16. NoC Private Activity Bonds. None of the Bonds or the Prior Bonds
(including all of the Refunded Bonds) is a "private activity bond" as defined in Section 141(a) of
the Code. In support of such conclusion, the Village certifies, represents and covenants as
follows:
A. Not more than 5% of the net proceeds and investment earnings of the Bonds is to be
used, and not more than 5% of the net proceeds of the Refunded Bonds was used, directly or
indirectly, in any activity carried on by any person other than a state or Local governmental unit.
B. No direct or indirect payments are~to be made on any Bond or were or are to be
made on any Prior Bond with respect to any private business use by any person other than a state
or local governmental unit.
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C. None of the proceeds of the Bonds is to be used, and none of the proceeds of the
Prior Bonds was or is to be used, directly or indirecfly, to make or finance loans to persons other
than a state or local governmental unit.
D. No user of the public capital infrastructure financed with the proceeds of the Prior
Bonds (the "Infrastructure") other than the Village or another governmental unit will use the
same on any basis other than the same basis as the general public; and no person other than the
Village or another governmental unit will be a user of the Infrastructure as a result of
(i) ownership or (ii) actual or beneficial use pursuant to a lease, a management or incentive
payment contract, or (iii} any other arrangement.
Sectius¢?7. Pegi.;tarad F:;r:n. The Village .ecegm'aes that Sec±~on 149 of tl.e Cede
requires the Bonds to be issued and to remain in fully registered form in order to be and remain
Tax-exempt. 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.
Section 18. Further Tax Covenants; Refiate; Bank Qualif cation. A. The Village agrees
to comply with all provisions of the Code which, if not complied with by the Village, would
cause the Bonds not to be Tax-exempt. In furtherance of the foregoing provisions, but without
limiting their generality, the Village agrees: (a) through its officers, to make such further
specific covenants, representations as shall be truthful, and assurances as may be necessary or
advisable; (b) to comply with all representations, covenants and assurances contained in
certificates or agreements as may be prepared by Bond Counsel; (c) to consult with Bond
Counsel and to comply with such advice as may be given; (d) to file such forms, statements and
supporting docurnents as may be required and in a timely manner; and (e) if deemed necessary or
advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other
persons to assist the Village in such compliance.
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B. The Village further certifies and covenants as follows with respect to the
requirements of Section 148(f) of the Code, relating to the rebate of "excess arbitrage profits"
(the "Rebate Requii°enaeiat") to the U~uted States:
1. Unless an applicable exception to the Rebate Requirement is available to the
Village, the Village will meet the Rebate Requirement.
2. Relating to applicable exceptions, any Designated Officer is hereby authorized to
make such elections under the Code as either such officer shall deem reasonable and in the best
interests of the Village. If such election may result in a "penahy in lieu of rebate" as provided in
the Code, and such penalty is incurred (the "Penalty "), then the Village shall pay such Penalty - _
3. The Designated Officers shall cause to be established, at such time and in such
manner as they may deem necessary or appropriate hereunder, a "2009 General Obligation
Refunding Bonds Rebate [or Penalty, if applicable] Fund" (the "148 Compliance Fund ") for the
Bonds, and such officers shall further, not less frequently than annually, cause to be transferred
to the 148 Compliance Fund the amount determined to be the accrued liability under the Rebate
Requirement or Penalty. Said officers shall cause to be paid to the U.S., without further order or
direction from the President and Board of Trustees, from time to time as required, amounts
sufficient to meet the Rebate Requirement or to pay the Penalty.
4. Interest earnings in the Bond Fund are hereby authorized to be transferred, without
further order or direction from the Corporate Authorities, from time to time as required, to the
148 Compliance Fund for the purposes herein provided; and proceeds of the Bonds and other
funds of the Village are also hereby authorized to be used to meet the Rebate Requirement or to
pay the Penalty, but only if necessary after application of investment earnings as aforesaid and
only as appropriated by the Corporate Authorities.
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C. The Village also certifies and further covenants with the Purchaser and registered
owners of the Bonds from time to time outstanding that moneys on deposit in any fluid or
account in connection with the Bonds, whether or not such moneys were derived from the
proceeds of the sale of the Bonds or from any other source, will not be used in a maiuier which
will cause the Bonds to be "arbitrage bonds" within the meaning of Code Section 148 and any
lawful regulations promulgated thereunder, as the same presently exist or may from time to time
hereafter be amended, supplemented or revised.
Section 19. Opinion of Counsel Exception. The Village reserves the right to use or
invest moneys in connection with the Bonds in any mariner, notwithstanding the tax-related
covenants Set forth in $ectinr.g 15 thrnngh l R herein, provided it shall first Have received an
opinion from Bond Counsel to the effect that use or investment of such moneys as contemplated
is valid and proper under applicable law and this Ordinance and, further, will not adversely affect
the Tax-exempt status of the Bonds.
Section 20. Rights and Duties of Bond Regish•ar. If requested by the Bond Registrar
and Paying Agent, any Designated Officer is authorized to execute the Bond Registrar's and
Paying Agent's standard form of agreement between the Village and the Bond Registrar and
Paying Agent with respect to the obligations and duties of the Bond Registrar and Paying Agent
hereunder. In addition to the terms of such agreement or agreements and subject to modif cation
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 respectively provided herein;
(b) for 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;
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(c) for the Bond Registrar, to cancel and/or destroy Bonds which have been
paid at maturity or upon redemption or submitted for exchange or transfer;
(d) for the Bond Registrar, to furnish the Village at least annually a certificate
with respect to Bonds cancelled and/or destroyed; and
(e) for the Bond Registrar, to furnish the Village at least annually an audit
confirmation of Bonds paid, Bonds outstanding and payments made with respect to
interest on the Bonds.
The Village Clerk of the Village is hereby directed to file a certified copy of this
Ordinance with the Bond Registrar and the Paying Agent.
Section 21. Bond Insurance. If the Bonds are issued with a commitment by an Insurer
to issue a financial guaranty or municipal bond insurance policy (a "Policy "), such commitment
for the Policy shall be attached hereto as ExxietT A and shall be specifically incorporated into
this Ordinance by this reference. As long as such Policy shall be in full force and effect, the
Village and the Bond Regis'Crar agree to comply with such usual and reasonable provisions
regarding presentment and payment of the Bonds, subrogation of the rights of the Bondholders to
the Bond Insurer when holding Bonds, amendment hereof, or other terms, all as set forth in said
commitment.
Section 23. Continuing Disclosure Undertaking. The Designated Officers are hereby
authorized to execute and deliver the Continuing Disclosure Undertaking, in substantially the
form attached provided by Bond Counsel and approved by the Village Attorney, to effect
compliance with Rule 15c2-12 adopted by the Securities and Exchange Commission under the
Securities Exchange Act of 1934. When such Continuing Disclosure Undertaking is executed
and delivered on behalf of the Village, it will be binding on the Village and the officers, agents,
and employees of the Village, and the same are hereby authorized and directed to do all such acts
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and things and to execute all such documents as may be necessary to carry out and comply with
the provisions of such Continuing Disclosure Undertaking as executed and delivered.
Notwithstanding any other provisions hereof, the sole remedies for failure to comply with such
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 to the Village to comply with its
obligations thereunder.
Section 24. Defeasance. Bonds which. (a) are paid and cancelled, (b) which have
matured and for which sufficient sums been deposited with the Paying Agent to pay all principal
thereof and interest due thereon, or (c) for which sufficient U.S. funds and full faith and credit
obhgatrons of t,ie vTiu led ~iateJ of AiueriCa, CibiigatlClnS the tiiiiciy paj iucni of `w'hiCii arc
guaranteed by the United States Treasury, or certificates of participation in a trust comprised
solely of full faith and credit obligations of the United States of America have been deposited
with the Paying Agent or similar institution to pay, taking into account investment earnings on
such obligations, all principal of and interest on Bonds when due at maturity or redemption, as
applicable, pursuant to an irrevocable escrow or trust agreement, shall cease to have any lien on
or right to receive or be paid from the 2009 Pull Faith and Credit Taxes hereunder and shall no
longer have the benefits of any covenant for the registered owners of outstanding Bonds as set
forth herein as such relates to lien and security of the outstanding Bonds. All covenants relative
to the 'Tax-exempt status of the Bonds, and payment, registration, transfer, and exchange, are
expressly continued for all Bonds whether Outstanding Bonds or not
Section 25. Taxes Previously Levied. To the extent not previously abated, the taxes
previously levied for the year 2008 (collectible in 2009) to pay the Refm~ded Bonds shall be used
to effectuate the Refmlding as provided in the Escrow Agreement, or to the extent not needed
due to the issuance of the Bonds, shall be deposited into the Bond Fund and used to pay first
A-33
interest coming due on the Bonds or shall be abated. Taxes levied for the year 2009 (collectible
in 2010) and thereafter for the Refunded Bonds shall be abated. The Designated Officers are
hereby expressly authorized to file an abatement certificate with the County Clerk, without
further official action of the Corporate Authorities, to effectuate such abatement.
Section 2d. Publication of Ordinance. A full, true and complete copy of this Ordinance
shall be published within ten days after passage in pamphlet forth by authority of the Corporate
Authorities.
A-34
Section 27. Superseder and Effective Date . All ordinances, resolutions and orders, or
parts thereof, in emlflict herewith, are to the extent of such conflict hereby superseded; and this
Ordinance shall be in full force and effect immediately upon its passage.
AYES:
NAYS:
ABSENT:
ADOPTED: This 23rd day of March, 2009.
APPaovE~: This 23rd day of March, 2009:
President, Village of Morton Grove
Cook County, Illinois
RECORDED In Village Records: This 23rd day of March, 2009.
PUBLISHED in pamphlet form by authority of the President and Board of Trustees on March 23,
2009.
Attest:
Village Clerk, Village of Morton Grove
Cook County, Illinois
[SEAL]
A-35
STATE OF ILLINOIS
) SS
COI,'NTY OF COOK )
CERTIFICATION OF MINUTES AND ORDINANCE
AND CERTIFICATION OFPLIBLICATION [N PAMPHLET FORM
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 "Corporate Authorities ") thereof.
I do further certify that the foregoing is a full, true and complete transcript of that portion
of the minutes of the meeting of the President and Board of Trustees held on the 23rd day of
March, 2009, insofar as the same relates to the adoption of an ordinance entitled:
A:v ORDINANCE providing for the issuance of General Obligation
Refunding Bonds, Series 2009, of the Village of Morton Grove,
Cook County, Illinois, authorizing the execution of an escrow
agreement in connection therewith and providing for the levy and
collection of a direct annual tax for the payment of the principal of
and interest on said 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 that the deliberations of the Corporate Authorities on the adoption of
said ordinance were. taken openly; that the vote on the adoption of said ordinance was taken
opeiily; that said meeting was held at a specified time and place convenient to the public; that
notice of said meeting was duly given to all newspapers, radio or television stations and other
news media requesting such notice; that an agenda for said meeting was posted on a day which
was not a SaCurday, Sunday or legal holiday for Illinois municipalities and at least 48 hours in
advance of holding said meeting at the location where said meeting was held and at the principal
office of the Corporate Authorities; that said agenda described or made a specific reference to
said ordinance; that a true, correct and complete copy of said agenda as so posted is attached
hereto; and that said meeting was called and held in strict compliance with the provisions of the
Open Meetings Act of the State of I1luiois, as amended, and that the Corporate Authorities have
complied with all of the provisions of said Act and said Code, except as validly superseded by
the home rule powers of the Village, and with all of the procedural rules of the Corporate
Authorities in the adoption. of said ordinance.
I do further certify that the Ordinance was published by authority of the Corporate
Authorities in pamphlet form on the 23rd day of March, 2009, and the Ordinance as so published
was on said date readily available for public inspection and distribution, in sufficient number to
meet the needs of the general public, at my offlee as Village Clerk located in the Village.
Itv WITNESS WHEREOF I hereunto affix my official signature and the seal of the Village
this 23rd day of March, 2009.
Village Clerk
[SEnt,]
VILLAGE CLERK TO ATTACH AGENDA
-2-
STATE OF ILLINOIS )
) S ~'
COUNTY OF COOK )
~IDEOIAODIO ATTENDANCE CERTIFICATE
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 do
further certify as follows:
That at the meeting of the President and Board of Trustees of the Village (the
"Corporate Authorities") on the 23rd day of March, 2009 (the "Meeting"),
attended the Meeting by video or audio conference.
~_ 'T'hat ca.irl. mPinherlsl of the C',nhrnrate Atltl70rltieg was/were prevented from
physically attending the Meeting because of the reason(s) as follows:
MEMBER
REASON
3. That said member(s) of the Corporate Authorities notified me before the Meeting
that he/she/they wished to attend the Meeting by video or audio conference.
4. That attached hereto as Exhibit 1 is a true, correct and complete copy of the rules
adopted by the Corporate Authorities for allowing a member of the Corporate Authorities to
attend a meeting of the Corporate Authorities by video or audio conference.
5. That the Meeting was duly called, noticed and held in strict compliance with ail of
the provisions of the Open Meetings Act of the State of Illinois, as amended, except as said Act
Section 7 of the Open Meetings Act of the State of Illinois, as amended, provides the following three
reasons a person may be prevented from physically attending a meeting: (i) personal illness or disability;
(ii) emp7oymert purposes or the business of the public body; or (iii) a Family or other emergency.
may be superseded by the home rule powers of the Village, and the ordinances, resolutions,
rules, regulations and proceedings of the Corporate Authorities.
IN WrrraESS WHeREOF, I hereunto affix my official signature and the official corporate
seal of the Corporate Authorities, this 23rd day of March, 2009.
Village Clerk
[SEAL]
-2-
STATa of ILLiNO1S )
SS
COUNTY OF COOK )
CERTIFICATE OF RILING
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Cook, Illinois, and as such officer I do hereby certify that on the day of
2009, there was filed in my office a properly certified copy of an ordinance passed
by the President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois,
on the 23rd day of Much, 2009, and entitled:
AN ORDINANCE providing for the issuance of General Obligation
Refunding Bonds, Series 2009, of the Village of Morton Grove,
COOk C'ngnty, Tllinni c~ autl'iorlZing the eXBCUtlOll of an eSCYOw
agreement in connection therewith and providing for the levy and
collection of a direct annual tax for the payment of the principal of
and interest on said bonds.
and that the same has been deposited in the official files and records of my office.
IN W[TNESS WHEREOF I have hereunto affixed my official signature and the seal of The
County of Cook, Illinois, this _ day of , 2009.
County Clerk of The County of
Cook. Illinois
[SEnt,]
AMENDING ORDINANCE 08-27 TO ALLOW THE PROCEEDS FROM THE SALE OF 5821
DEMPSTER STREET TO BE REMOVED FROM A RESTRICTED AND DESIGNATED RESERVE
ACCOUNT AND AMENDING ORDINANCE 08-43 TO INCREASE 2009 BUDGET FUNDING FOR
VILLAGE ROAD REPAIRS
Introduction:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommendation:
First Reading:
Special Considerations or
Requirements:
March 23, 2009
This ordinance will approve amendments to Ordinance 08-27 to remove
restrictions from the proceeds of the sale of 5821 Dempster Sheet, and will amend
Ordinance 08-43 to amend the 2009 Village budget to use the proceeds from the
sale of5821 Dempster Street for Village road repairs.
Additional funding is needed to address deteriorating and failing roads within the
Village of Morton Grove.
In 2008, the V illage Board, pursuant to Ordinance 08-27 authorized the sale of
surplus real estate at 5821 Dempster Street. The proceeds from. the sale, i.e.,
$333,343.34 was required by ordinance to be placed in a restricted. designated
fund so these proceeds would be used only for Dempster Street improvements or
related projects. The Village Board, at its March 9, 2009, Village Board meeting
recommended this restriction be removed and these proceeds be used to address
deteriorating Village roadway conditions. This ordinance will remove the
restrictions on these proceeds and will amend the 2009 Village Budget to increase
funding for Village street improvements.
Finance Department, Public Works, and Engineering Deparments
The $333,343.34 will be spent on local street improvement projects as deemed
appropriate by the Village Board of Trustees.
The segregated cash account established at mb Financial for the Dempster Street
Corridor Project will now be placed in account no. 305060-553305
The transfer of monies and formulation of different street projects will be handled
with other daily matters.
Approval as presented
March 23, 2009
Atwo-thirds vote of the Corporate Authorities is necessary to amend the 2009
Village Budget.
Respectfully Submitted by: ~a _ ~ o ~~ d~.'" `z ~ Prepare6
Jose h F. de, Vtl ge Administrator Teresa
Reviewed by: ~...~------ __
Ry r Horn , A Ping Finance Director
ORI~Il~tAI~CE 09-06
AMENDING ORDINANCE 48-27 TO ALLOW THE PROCEEDS
FROM THE SALE OF 5821 DEMPSTER STREET
TO BE REMOVED FROM A RESTRICTED AND DESIGNATED RESERVE ACCOUNT,
AND AMENDING ORDINANCE 08-43 TO INCREASE 2009 BUDGET FUNDING FOR
VILLAGE ROAD REPAIRS
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, pursuant to Ordinance 08-43, the budget for Calendar Year 2009 was adopted by the
Corporate Authorities on December 8, 2008; and
WHEREAS, pursuant to Ordinance 08-43 and pursuant to 65 ILCS 5/8-2-91 et seq, the calendar
year budget document represgnts an estimate of revenues available to the municipality for the fiscal year,-
together with recommended expenditures for the municipality pursuant to good fiscal management
practices; and
WHEREAS, pursuant to Title 1, Chapter 9A, Section 6 of the Municipal Code of the Village of
Morton Grove, the Corporate Authorities may from time-to-time amend its adopted budget by a vote of
two-thirds of its members; and
WHEREAS, from time-to-time changing circumstances and priorities may necessitate
amendments to the budget document; and
WHEREAS, pursuant to Ordinance 08-27, the Village authorized the sale of surplus real estate at
5821 Dempster Street, but restricted the net proceeds from the sale for use only for Dempster Street
improvements or related projects; and
WHEREAS, the winter of 2008-09 was extraordinarily harsh causing damage to many of the
streets within the Village of Morton Grove; and
WI-IEREAS, the Corporate Authorities deem it to be in the best interest of the Village that
additional fields be appropriated for street repair and resin-facing and based on this necessity, it is in the
best interest of the Village to utilize flee proceeds from the sale of 5821 Dempster Street for such street
repairs and resurfacing.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OE TRUSTEES
OF THE VILLAGE OF MORTON CiROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION L• The Corporate Authorities do hereby incorporate the foregoing
iUHERL:AS clauses into this Ordinance as though futly set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: Orduiance 08-27 Authorising the Execution of a Real Estate Contract for the Sale of
Surplus Real Estate at 5821 DemEster Str°eet within the Village of Mop°ton Grove is hereby amended to
delete Section 4 in its entirety.
SECTION 3: Ordinance 08-43 AdoEting the Budgets for All Corporate Purposes of the Village of
Morton Grove and the Morton Grove Library, for the Calendar Year Effective ,Iarzumy 1, 2009 and
Ending December 31, 2009 is hereby amended to increase the amount appropriated for street
improvements within the Capital Projects fund by $333,343.34.
SECTION 4: The Village Administrator and the Acting Director of Finance/Treasurer or their
designees are hereby authorized to make the necessary adjustments to the budget as set forth. in this
ordinance.
SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form according to law.
PASSED this 23`d day of March 2009.
Trustee Brunner
Trustee Kogstad
Trustee Mareu~s
Trustee Mirix
Trustee Staackmann
1"rustee Thi1]
APPROVED by me this 23`a day of March 2009.
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office: this
24t" day of March 2009.
Carol A. Fritzshall, Village Clerk
Village of MOrfon Grove
Cook County, IIIh7ois
Le~4slative Summary
Resolution 09-18
AUTHORIZING THE ANNUAL MEMORIAL DAY PARADE AND
CLOSURE OF DEMPSTER STREET
Introduced: March 23, 2009
Synopsis: This resolution will authorize the 2008 Memorial Day Parade on Dempster
Street, Route 58, at 1:30 pm on Sunday, May 24, 2009, wlrich will require the
closing of Dempster Street, Route 58, either partially or completely between
Austin and Ferris Avenues between 12:30 pm and 4:30 pm.
Purpose: The Illinois Department of Transportation requires the Village adopt an
ordinance approving the closing of Dempster Street. The ordinance also
authorizes the Village Engineer to file au application through the Illinois
Department of Transportation for tl-ie closing of Derripster Street, Route 58, from
12:30 pm to 4:30 pm on Sunday, May 24, 2009, for the Amlual N~emorial D"Ay
Parade.
&ackground: The Memorial Day Parade is a Morton Grove tradition, and each year a
resolution is developed authorizing the parade and assuming full responsibility
for the direction, protection, and regulation of traffic during the time the detour
is in effect and all liabilities for damages of any kind occasioned by the closing
of said state route.
Programs, Departments ~
~ Public Worlcs-Placement of barricades and directional information
or Groups Affected Police Department-Enforcement and traff c control
Fiscal Impact: Overtime associated with above activities
Source of Funds: General Fund dollars will be used to support the manpower and equipment costs
Workload Impact: A1] Village Departments will provide their usual support for this activity
Administrator Approval
Recommendation:
First Reading: None required
Special Considerations or None
Requirements:
RespectFully submitted: _ G~', ~~Z~?~
,(~,~ Jose F. ade, Village Administrator
<X ~ +i
Prepared by: ~~,~'/,~r Reviewed by: _fx'~'"~`F` _
Andy Monte, Public Works Director Teresa Hoffinan Aston, Corporation Counsel
RESOLUTI®N 09-IS
MEMORIAL DAY PARADE CLOSURE OF DEMPSTER STREET
WHEREAS, the Morton Grove Post #134 American Legion is planning a parade as part of an
annual celebration on Sunday, May 24, 2009; and
WHEREAS, the parade will commence at 1:30 p.m. and will require the closing of Dempster Street
for approximately two hours, either partially or completely between Austin Avenue and Ferris Avenue
between the hours of 12:30 pm and 4:30 pm; and
WHEREAS, the State of Illinois requires the Village to assume all responsibility and liability
involved in closing said State Route.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION I: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein fl~ereby making the findings as hereinabove set forth.
SEC~'ION 2: That the Village Engineer will file an application with the Illinois Department of
Transportation for the closing of Dempster Street on Sunday, May 24, 2009, from 12:30 pm to 4:30 pm.
SECTION 3: That the Village will assume full responsibility for the direction, protection and
regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind
occasioned by the closing of said State Route. It is further agreed that efficient, ali weather detours will be
maintained, conspicuously marked and judiciously police patrolled for the benefit of traffic deviated from
the State Route.
PASSED THIS 23`d DAY OF March 2009.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
`Trustee Minx
Trustee Staackrnann
Trustee 'I1ii11
APPROVED 13Y ME THIS 23rd DAY OF March 2009
Richard Krier, Village President
Village aC Morton Grove
Coots County, Illinois
ATTESTED AND FILED in my off ce
This 24`" day of March 2009.
Carol A. Fritzshalt, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Resolution 09-19
AUTITORIZING THE ANNUAL J[JLY 4 PARADE AND
CLOSURE OF DEMPSTER STREET
Introduced:
Synopsis:
Purpose:
Baekaround:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
Respectfully submitted:
Prepared by:_
Andy
March 23, 2009
This resolution will authorize the 2009 .Tiny 4 Parade on Dempster Street, Route
58, at 2:30 pm on Tuesday, July 4, 2009, which will require the ciosulg of
Dempster Street, Route 58, either partially or completely between Central and
Ferris Avenues between 2:00 pm and 4:30 pm.
The Illinois Department of Transportation requires the Village adopt a resolution
approving the closing of Dempster Street. The resolution also authorizes the
Village Engineer to file an application through the Illinois Department of
Transportation for the closing of Dempster Street, Route 58, from 2:00 pm to
4:00 pm on Tuesday, .Tiny 4, 2009, for the Annual July 4 Parade.
The July 4 Parade is a Morton Grove tradition, and each year a resolution is
developed authorizing the parade and assuming full responsibility for the
direcfion, protection, and regulation of traffic during the time the detour is in
effect and all liabilities for damages of any kind occasioned by the closing of
said state route.
Public Works-Placement of barricades and directional information
Police Department Enforcement and traffic control
Overtime associated with above activities
General Fund dollars will be used to support the manpower and equipment costs
All Village Departments will provide their usual support for this activity
Approval
None required
None
Joseph'. Wad$, Village Administrator
Public Works
Reviewed by: ~ ~~~ ~ /`
'Teresa Hoffmaf I },~~on, Corporation Counsel
RESOLUTION 09-19
FOURTH OF JULY PARADE
CLOSURE OF DEMPSTER STREET
WHEREAS, the Morton Grove Days Commission is planning a parade as part of its annual
celebration at 2:30 pm on Saturday, July 4, 2009; and
WHEREAS, the parade will require the closing of Dempster Street, either partially or completely
between Central Avenue and Ferris Avenue from approximately 2:00 pm to 4:30 pm; and
WHEREAS, the State of Illinois requires the Village to assume all responsibility and liability
involved in closing of said State Route.
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 etauses
into this Resolution as though fully set forth therein thereby making the findings as heretnabove set forth.
SECTION 2: That the Village will assume full responsibility for the direction, protection and
regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind
occasioned by the closing of said State Route. It is further agreed that efficient, all weather detours will be
maintained, conspicuously marked and.judiciouslypoBce patrolled for the benefit of traffrc deviated from
the State Route.
PASSED this 23rd day of March 2009
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thil1
APPROVED by me This 23rd day of March 2009.
Richard Krier, Village President
Village of Morton Grove
Cook Cowlty, Illinois
APPROVED and FILED in my office
24`x' day of March 2009.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Resolution 09-20
AUTHORIZING THE EXECUTION OF A CONTRACT
WITH COUNTY LINE NURSERIES & LANDSCAPING, INC.
FOR THE 2009 TREE PLANTING PROGRAM
Iutroduced: March 23, 2009
Synopsis: To authorize the Village President to execute a contract with Cotmty Line
Nurseries & Landscaping, Inc. for the 2009 Tree Planting Program.
Purpose: The 2009 Tree Planting Program is necessary to purchase and install trees
within the Village.
Background: Each year the Village contracts with a tree planting contractor to assist in the
installafion az~dlor replaeetnent of trees within the Village. This contract was
bid through a public process in accordance with the Village code where the
contract was advertised and sealed bids were received.
Programs, Departments Public Works
or Groups Affected
FisealImpact: The estimated contract value is $26,100.00. Since this is a unit price
contract, the final contract amount will be based on the actual quultity of
work performed.
Source of Funds: Account #025017-552240-Tree Replacement; Account #020000-241087-
Tree Refundable.
Workload Impact: Tlie Ptiblic Works Department as parf of theif normal work activities
performs the management and implementation of the program.
Administrator Approval as presented.
Recommendation:
First Reading: Not required
Special Considerations or None
Requirements:
Respectfully submitted: ~ 1' ~, t'~(6 ~
Joseph . W e, Village Adminishator
Prepared by: _____ E~-.--"~.-"~`"--'~"""'" _ Reviewed by:
Chris Tomich, Village Engineer Teresa Hgff~tx~an Liston, Corporation Counsel
RESaLUTI01~ 09-20
AUTHORIZATION TO EXECUTE A CONTRACT WITH
COUNTY LINE NURSERIES & LANDSCAPING, INC.
FOR THE 2009 TREE PLANTING PROGRAM
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of goverm~lent 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 2009 Tree Planting Program is necessary to purchase and install trees in the
Village; and
WHEREAS, the Public Works Department advertised in the February 12, 2009 issue of the
Pioneer Press Newspaper inviting bids on the "2009 Tree Planting Program"; and
WHFRF.AS, thirteen ! 1 ,l contractors were notified of the availability of bidding materials; and
WHEREAS, eleven (1 t) contractors obtained the bidding materials; and
WHEREAS, seven (7) bids were received, publicly opened anIl read at the Public Works Faoility
at 10:00 a.m. on Friday, March 6, 2009, with the bid results as follows:
CONTRACTOR BID TOTAL
County Line Nurseries & Landscaping $26,100.00
Arthur Weiler, Inc. $26,450.00
KGI Landscaping Co. $27,315.00
Casey Landscaping $28,630.00
St. Aubin Nursery & Landscaping, Inc. $29,040.00
Woodland Landscape $33,268.00
Landscape Concepts Management $47,736.00
and
WHF,REAS, funding for the above work is included in the Village of Morton Grove 2009 Budget
as account nwnbers 025017-552240-Tree Replacement, and 020000-24 1 0 8 7-Tree Refundable; and
WHEREAS, the qualifications and availability of the low bidder, County Line Nurseries and
Landscaping, Inc., have been verified.
NOW, THEREFORE, BE IT RESOLVED BY THB PRESIDENT AND BOARD OF
'TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
I'OLLOWS:
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 a contract with County Line Nurseries and Landscaping, h1c., 69691 W.
Red Arrow Highway, Hartford, MI, 49057, based upon their bid for the "2004 Tree Planting Program" in
the amount of $26,100.00.
Section 3. The Village Administrator and the Director of PublicWorks and/or their designees are
authorized to take all steps necessary to implement, supervise, and manage this contract.
Section 4. That this Resolution shall be in full force and effect upon its passage and approval.
PASSED this 23`d day of March 2009. °
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 23rd day of March 2009.
Richard Krier, Village President
Village of Morton Crrove
Cook County, Illinois
APPROVED and PILED in my office
"Phis 24t~' day of March 2009.
Carol A. Pritzshall, Village Clerk
Village of Morton. Grove
Cook County, Illinois
Legislative Summary
Resolution 09-21
AUTHORIZATION TO EXECUTE SEPARATE CONTRACTS
WITH ARROW ROAD CONSTRUCTION COMPANY, AND OZINGA CHICAGO RMC, INC.
FOR THE 2009 MATERIAL PURCHASING PROGRAM
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendafion:
First Reading:
Special Considerations or
Requirements:
Ma~•ch 23, 2009
To authorize the Village President to execute a contract with Arrow Road
Construction Co. and Ozinga Chicago RMC, [nc. for the 2009 Material Purchasing
Program.
The 2009 Material Purchasing Program is necessary for the maintenance of Village
Streets, and includes the purchase of hot-mix asphalt, bituminous patching mixture,
and Portland cement concrete.
Each year, the Village contracts with material supply contractors for the purchase of
materials for projects within Morton Grove. A eanpetitive bid process in
accordance with the Village's purchasing guidelines was implemented for this
program.
Public Works
The estimated contract values axe as follows:
1. Arrow Road Construction Co. -hot-mix asphalt surface course- $24,809.82
2. Arrow Road Construction Co. -Bituminous patching mixture - $10,500.00
3. Ozinga Chicago RMC, ]nc. -class SI concrete - $53,339.62
Since all of the above contracts are unit price contracts, the final contract amounts
will be based on the actual quantity of materials delivered.
Motor Fuet Tax
The Public Works Department, as part of their normal work activities performs the
management acid implementation of the program.
Approval as presented.
March 23, 2009
None
Respectfully submitted: ~ ,r-~'~~C~, ~/L~L~~
Josep}t%~W ~de, Village Administrator
Prepared by: C..- 8' ~°"`"f Reviewed by~ / ~ ^~'4;; ;, /i
Chris Tomich, Village Engineer Teresa Fio~t~ ~n iston, Corporation Counsel
RESOLUTION 09-21
AUTHORIZATION TO EXECUTE SEPARATE CONTRACTS WITH
ARROW ROAD CONSTRUCTION CO. AND OZINGA CHICAGO RMC, INC.
FOR THE 2009 MATERIAL PURCHASING PROGRAM
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a
home rule unit ofgovenunent under the provisions of Article 7 of the 1970 Constitution of the State
of Illinois, and cair exercise any power and perform any function pertaining to its govenunent affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the 2009 Material Purchasing Progam is necessary for the maintenance of
Village streets, and includes the purchase of 435.26 tons ofhet-mix asphalt, 100 tons of bituminous
patching mixture, and 558.53 cubic yards of class SI concrete; and
WHEREAS, the Public Works Department advertised in the February 26 and March 5, 2009,
issues of the Illinois Department of Transportation Bureau of Local Roads Contractor Bulletin
inviting bids for hot-mix asphalt, bituminous patching mixture, and class SI concrete pursuant to the
"2009 Material Purchasing Progratn"; and
WHEREAS, the Public Works Department advertised in the February 19, 2009, issue of the
Pioneer Press newspaper inviting bids for the Village of Morton Grove "2009 Material Purchasing
Program"; and
WHEREAS, six (6) general contractors were notified of the availability of bidding materials
and seven general contractors obtained the bidding materials; and
WHEREAS, fve (5) bids were received, publicly opened and read at the Public Works
Facility at 10:00 a.m. on Wednesday, March 11, 2009, with thetabulatedbidresults as follows (note,
in order to evaluate these bids on an equal footing, the bid prices have been adjusted to factor in the
Village's cost for picking-up the material at the bidder's facility):
Bid for Hot-Mix Asphalt Material Total
Arrow Road Construction Co. $29,118.89
Peter Baker & Son Co. $32,209.24
Plote Consbuction L2c. $30,729.36
Bid for A~halt Patching Material Total
Arrow Road Construction Co. $11,490.00
Peter Baker & Son Co. $12,800.00
Sid for Class SI Concrete Total
Ozinga Chicago RMC, Inc. $53,339.62
Meyer Material Company $59,204,18
;and
WHEREAS, separate contracts will be issued for the lowest qualified bidder for each
material item listed above to: Arrow Road Construction Company for Hot-Mix Asphalt and
Bituminous Patching Material, and Ozinga Chicago RMC, Inc. for Class SI Concrete; and
WI-IEREAS, Motor Fuei Tax funds will be used for the purchase of these materials; and
WHEREAS, funding for the above work is included in the adopted Village of Morton Groves
2009 Budget as Account Nmnbers 035060-563110 for the Hot-Mix Asphalt and Bituminous
Material items acid 035060-552330 for the Concrete Material; and
WHEREAS, the lowest qualified bidders have performed work for the Village of Morton
Grove in a satisfactory filaittlel; and
WHEREAS, the qualifications and availability of the lowest qualified bidders have been
verified.
NOW, THEREFORE, BE IT RESOLVED SY 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 contracts with the Arrow Road Construction Company,
3401 S. Susse Rd., P.O. Box 334, Mount Prospect, IL 60056 for hot-mix asphalt and bituminous
patching material, and the Ozinga Chicago RMC, hoc., 2255 S. Lumber P.0 Sox 16800, Chicago, IL
60616 for class SI concrete based upon their bids for the "2009 Material Purchasing Program."
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.
Section 4. That this Resolution shall be in full force and effect upon its passage and
approval.
PASSED this 23`d day of March 2Q09.
Trustee Brumier
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 23`d day of March 2009
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
This 24"' day of March 2009.
Ca~~ol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois
Illinois Department
of Transportation
Acceptance of Proposal to Furnish
Materials and Approval of Award
Route Various
County Cook
Local Agency Village of Morton Grove
Section 09-00000-00-GM
To Arrow Road Construction C
Address 3401 S. Busse Rd, P.O. Box
Mount Prospect, IL 60056
Hot-mix Asphalt Surface Course, Mix "D", N50 ~ 435.26 ~ $57.0000 ~ $24,809.82
Terms Prom the date the contract is executed until January 31, 2010.
Shipping Instructions Hot-mix Asphalt Surface Course, Mix "D", N50 will be ordered by Public Works and
loaded in the Village trucks at the plant.
Materials shall be inspected in accordance with current Departmental policies
Datelssued
Approved
Regional
5 copies to Regional Engineer
Approved Original to Successful Bidder
Municipal Clerk
Highway Commissioner
County Engineer /County Superintendent of Highways
Page 1 of 1 B<_R 12330 (Rev. 7/05)
Printed on 3/17/2009 3:50:58 PM
In accordance with your ®proposal ^ quotation submitted on 3/11/2009 , a copy of which is in our files, you have
been awarded the contract for furnishing the following materials required in the ^ construction ®maintenance of the above
designated work: