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Home My WebLink About2008-07-14 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER JULY 14, 2008 Meeting 7:30 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. 5. 6. 7 8. 9. Approval of Minutes - Regular Meeting, June 23, 2008 Public Hearings Special Reports a. Presentation of Employee Anniversary Awards to Andrew Ar]cus -Public Works Deparhnent, Jason Goodman -Police Department, Kerry Murakami -Police Department, Jeremy Schuette - Police Department, James Welter - Buildnlg and Inspectional Services Department b. Swearing-In Ceremony for Two New Police Officers -Timothy P. Walsh and Brady P. Hester by Fire and Police Commission Chairperson Michael Simkins Resident's Comments (agenda items only) President's Report -Administration, Northwest Municipal Conference, Cou~acil of Mayors, TIF Committee, Capital Projects, Real Estate Cowrrmittee a. Ordinance 08-25 (Introduced July 14, 2008) Amending Title 6, Chapter 2 entitled Deadly Weapons, of the Municipal Code of the Village Clerk's Report -Condominium Associatio~z, Advisory Conanaission o~2 Aging 10. Staff Reports a. Village Administrator b. Corporation Counsel 11. Reports by Trustees a. Trustee Brunner -Legal, Family and Senior Services Department, Cable and Telecommunications Commission, Environmental Health, Waukegan Road TIF Review, Solid Waste Agency of Northern Cook County, Community Relations Commission (Trustee Kogstad) 1) Ordinance 08-27 (ban°oduced February 11, 2008) Authorizing the Execution of a Real Estate Conhact for the Sale of Surplus Real Estate at 5821 Dempster Street within the Village b. Trustee Kogstad -Comprehensive Plan, Advisory Commission on Aging (Trustee Mitzr) c. Trustee Marcus -Police Department, Police and Fire Commission, Real Estate Committee, Chamber of Commerce (Trustee Thill) d. Trustee Minx -Finance Department, Real Estate Committee, Plan Commission, Ferris/Lehigh TIF Review, Fire Department, RED Center, NIPSTA, Capital Projects, Police and Fire Commission, Economic Development, Northwest Municipal Conference (Trustee Staaclnnann) e. Trustee Staackmann -Building Department, Appearance Commission, ESDA, IT/Communications, Dempster Street Corridor Plan (Trustee Brunner) 1) Ordinance 08-26 (Introduced July 14, 2008) Eliminating Title 2, Chapter 6 of the Village's Municipal Code Entitled Emergency Services and Disaster Agency and Adopting Title 3, Chapter 2, Article C to be Entitled Emergency Management Agency Trustee Thill -Public Works, Capital Projects, Traffic Safety Commission, Natural Resource Commission, Solid Waste Agency of Nortlaerra Cook County (Trustee Marcus) 1) Ordinance 08-24 (Introduced Tune 23, 2008) Authorization to Tristan. Parking kestrictions on idorton Avenue between Lincoln Avenue and Ehn Street within the Village of Morton Grove 2) Resolution 08-42 (Introduced July 14, 2008) Authorizing the Execution of a Contract with Superior Road Striping as a Participant of the Northwest iVTunicipal Conference 2008 Thermoplastic Lane Marking Program 12. Other Business 13. Presentation of Warrants -- $490,765.14 14. Residents Comments 15. Executive Session -Personnel, Labor Negotiations, and Real Estate 16. AdJonrnment - To ensure fall accessibility mad egual participation for all interested citizens, i~adividuals with disabilities who plan to attend mad who require certain accommodations in orater to observe aiadlor participate in this meeting, or who have questions regarding the accessibility of these facilities, are reguested to contact Susan or Marlene (847/470-5220) promptly to allow the Village to make reasonable accommodations. CALL TO ORDER I. Village President Rick Krier called the meeting to order at 7:30 p.m. and led the assemblage in the Pledge of Allegiance. II. Village Clerk Carol Fritzshall called the roll. Present were: Trustees Georgianne Brunner, Roy Kogstad, Shel Marcus, Rita Minx, Dan Staackmann, and John Thill. Mayor Krier noted that, although the front door of Village Hall is locked due to some repairs taking place there, people are allowed to exit through it in the event of an emergency. APPROVAL OF MINUTES IV. Regarding the Minutes of the June 9, 2008 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx then moved, seconded by Trustee Thill, to approve the June 9, 2008 Regular Meeting Minutes as submitted. Motion passed unanimously via voice vote. PUBLIC HEARINGS NONE V. SPECIAL REPORTS a. Swearing In Ceremony for Fire Lieutenant Robert Hohs to District Chief Fire and Police Commission Chairman Mike Simkins said the Village is fortunate to have two men who are ready to take charge and accept the challenges of a new position. Chairman Simkins, assisted by Fire Chief Tom Friel and Trustee liaison Minx, performed the swearing in of Robert Hohs to the rank of District Chief. Mr. Simkins provided some back- ground on District Chief Hohs. He began with the Morton Grove Fire Department in 1979 as a Firefighter/Paramedic and held that role for 14 years. For the last two and a half years, District Chief Hohs as served as Lieutenant. He is the Department's Engineer Instructor and currently serves on the Apparatus Specifications Committee. He has numerous State certifications and has an Associate's Degree from Oakton Community College. Chairman Simkins joined the Board in congratulating District Chief Hohs as Chief Friel pinned on his badge. Minutes of June 23, 20Q88oard Meeting) V. SPECIAL REPORTS (continued) Swearing In Ceremony for Firefighter/Paramedic Scott Exo to Fire Lieutenant Chairman Simkins, again assisted by Chief Friel and Trustee Minx, performed the swearing in of Scott Exo to the position of Fire Lieutenant. Lt. Exo began his fire service in 1985, serving as a paid-on-call firefighter in the Village of Steger. He is currently a 15-year veteran of Morton Grove's Fire Department. He holds numerous fire and EMS certifications and is involved in many aspects of the department. Lt. Exo is the administrator of the department's reporting software and works closely with the training officer to ensure that all training requirements are met. He also serves as secretary of the Pension Board. He works part- time at NIPSTA and teaches Fire Science Classes at Prairie City College. Lt. Exo was congratulated by all as his daughter pinned on his badge. VI. RESIDENTS' COMMENTS (Agenda Items Only) NONE VII. PRESIDENT'S REPORT Mayor Krier said that Trustee Marcus had reminded him that Senator Durbin is trying to obtain some funding for municipalities for their fight against the Emerald Ash-Borer. Morton Grove is going to write a letter supporting Senator Durbin's efforts and request a portion of the funding, if the Senator is successful in his request. b. Mayor Krier noted that there would not be another Board meeting until after the Fourth of July holiday. He encouraged everyone to attend Morton Grove's festivities, which begin on Wednesday, July 2, including the Parade down Dempster on July 4`h, starting at 2:30 p.m. Mayor Krier also urged the assemblage to "stay safe' over the holiday weekend. VIII. Clerk Fritzshall had no report. IX. A. Village Administrator CLERK'S REPORT STAFF REPORTS Mr. Wade announced that the 2007 Comprehensive Annual Financial Report would be presented on June 25, 2008 at 7:00 p.m. and a Financial Policies Workshop would take place immediately thereafter. Both are open to the public and will be held in the Trustees' Conference Room at Village Hall. 2. Mr. Wade also announced that the Lehigh-Ferris and Waukegan Road TIF Districts' Annual Reports to Governmental Jurisdictions (aka Joint Review Board) would be held at 10:00 a.m. on June 26`" in the Trustees Conference Room at Village Hall. Minutes of June 23, 2008 Board Meetin IX. STAFF REPORTS (continued) A. Village Administrator (continued) Mr. Wade noted that there would be a Dempster Street Improvement Project meeting on July 10 at 7:00 p.m. at the Civic Center. It will be like an open house, and will be an opportunity for interested people to see what the proposed plans are for Dempster Street. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: Trustee Brunner had no report. B. Trustee Koastad: Trustee Kogstad had no report. C. Trustee Marcus: Trustee Marcus had no report. D. Trustee Minx: Trustee Minx had no report. E. Trustee Staackmann: TRUSTEES'REPORTS Trustee Staackmann had no formal report, but announced that this year, the Morton Grove Days Committee has decided to do a cash raffle to help offset the costs of the Fourth of July festivities. Raffle tickets are being sold for $10 each, or 12 for $100, and will be sold at the "Concert in the Park" on Tuesdays before the carnival and also during the carnival. Raffle tickets are also available at the Park District, the Coffee Cup, and at the Fire Station. He hoped everyone would support the raffle. MinutesofJune 23, 2008 aoard MeeYing~ X. TRUSTEES' REPORTS (continued) Trustee Thill Trustee Thill presented Resolution 08-37, Authorization for the Purchase of Gasoline and Diesel Fuels. He explained that the Northwest Municipal Conference, through its Suburban Purchasing Cooperative, routinely solicits bids for the purchase of fuel and other supplies. A bid opening was held on May 23, 2008, with the low bidder being the Texor Petroleum Company. This is for the period June 6, 2008 through June 5, 2009. Funds have been approved for calendar year 2008 in the amount of $252,000. Trustee Thill moved, seconded by Trustee Minx, to adopt Resolution 08-37. Trustee Brunner asked if the budgeted amount would be enough or would the Village need to amend its budget? Village Administrator Wade said that the Village anticipated increases in the price of fuel this year, but not this high. Nevertheless, there are other areas of the budget where under-spending is occurring, so he did feel that there would be adequate funds to pay for the gas. He did not think the Village would have to amend its budget at this time. Trustee Brunner asked if the Village was. doing anything to actively reduce gas consumption, such as not letting police cars idle. Mr. Wade said that the Village is taking steps to reduce gas consumption; for example, all replacement vehicles are more fuel-efficient models. Trustee Kogstad asked if the Village gets a discount. Mr. Wade said that it does, but it's not a deep discount. Mayor Krier noted that the Village doesn't have to pay taxes on its gas. Public Works Director Andy DeMonte said that last year, when the Village purchased gas, it was $3.68 per gallon and diesel was $4.27 a gallon. He said the Village does pay EPA taxes but not state and federal taxes. There being no further discussion, Mayor Krier called for the vote on Resolution 08-37. Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. Kogstad aye Tr. Marcus awe Tr. Minx ~e Tr. Staackmann ~ Tr. Thill Next, Trustee Thill presented Resolution 08-38, Authorization for the Purchase of a 2009 International 7400 Six Wheeled Dump Truck. This will replace a 1981 vehicle that was at the end of its useful service life and was auctioned off in March of this year. Trustee Thill moved to approve Resolution 08-38, seconded by Trustee Minx. Trustee Thill asked Public Works Director DeMonte how much the Village received for the auctioned vehicle. Mr. DeMonte said the Village received $6,200 for the truck; that money went into the Village's General Fund. The replacement vehicle costs approximately $110,000. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. Brunner a~~e Tr. Kogstad awe Tr. Marcus aye Tr. Minx afire Tr. Staackmann afire Tr. Thill aye Minutes of June 23,.2008 anard Meeting X. F. Trustee Thilt: (continued) TRUSTEES' REPORTS (continued) 3. Trustee Thill then brought forward Resolution 08-39, Authorizing the Execution of an Agreement with AT&T For Payment of Landscape Credit. This is in regards to AT&T's "Project Lightspeed". The Village will receive $1,500 for every video-ready access device installed on Village rights-of-way. The Village will then assume all responsibilities, including costs, expenses, and liabilities, related to the screening and landscaping of the installed devices. Trustee Thill moved to approve Resolution 08-39, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~e Tr. Kogstad afire Tr. Marcus aye Tr. Minx afire Tr. Staackmann ~ Tr. Thill awe 4. Trustee Thill then introduced for a first reading Ordinance 08-24, Authorization to Instal0 Parking Restrictions on Morton Avenue Between Lincoln Avenue and EIm Street Within the Village of Morton Grove. This will establish zone parking on Morton Avenue between Lincoln Avenue and Elm Street to alleviate commuter parking congestion. It establishes zone 11 permit parking, which is no parking (except by permit) between 6 a.m. and 9 a.m. Mondays through Fridays. Trustee Brunner asked whether a permit is needed after 9 a.m. and on weekends. Trustee Thill said he couldn't answer with certainty, but would be happy to find out. Trustee Minx said she believed that no permit was needed after 9 a.m. and on weekends. Corporation Counsel Liston concurred. Mayor Krier said that anyone wishing to speak to this ordinance could weigh in during "Residents' Comments". 5. Trustee Thill then presented Resolution 08-40, Authorizing the Execution of a Contract with A. Lamp Concrete Contractors, Inc. For the 2008 Street Improvement Program. He said that the streets marked for improved this year are Oketo Avenue from Dempster to Suffield Court, Ottawa Avenue from Dempster to Suffield Street, and Suffield Street from Ozark to Oleander Avenue. The estimated contract price is $466,936.25, but since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Thill moved to approve Resolution 08-40, seconded by Trustee Minx. Trustee Marcus assured the residents that the Board is well aware of the condition of the streets. The Village is making efforts to obtain funding for street repairs and to maintain the streets as best it can. He said that, in other communities, the streets are in deplorable condition-in comparison, Morton Grove's are pretty good! The lack of funding from the State is proving very difficult, however. Mayor Krier agreed that the streets have been neglected and said that the Village has earmarked $700,000 in its Capital Improvement Projects fund for streets. The Village is also working on obtaining grant funds, although in many cases, the Village has to match or come up with a portion of the funds. For example, Austin Avenue will soon be under construction under a 70/30 grant, with the Village having to come up with 30% of the cost. Mayor Krier said it was horrible that Illinois State representatives have not yet passed a capital bill, and that the State could be losing federal monies because of that. Minutesof June 23, 20p8 Board Meeting: X. TRUSTEES' REPORTS (continued) Trustee Thill: (continued) Mayor Krier urged everyone to call or write their State representatives and urge them to pass a capital bill. They are not doing their jobs. There being no further discussion, Mayor Krier called for the vote on Resolution 08-40. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad ~ Tr. Marcus Tr. Minx afire, Tr. Staackmann ~ Tr. Thill Trustee Thill presented Resolution 08-41, Authorizing the Execution of a Contract with Sebastian Contracting Corporation for the Beckwith Road Over the North Branch of the Chicago River Bridge Repairs. He said the Village currently owns and is responsible for the maintenance of the Beckwith Road bridge through a jurisdictional transfer from the Illinois Department of Transportation that occurred in the mid 1990's. Since that time, the Village has been performing routine maintenance and inspection of the bridge. Recent inspections have identified several repairs that are required in order to maintain the bridge. By doing these repairs now, the Village should delay major reconstruction of the bridge in the future. The estimated contracf value is $167,130. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Thill moved, seconded by Trustee Minx, passed: 6 ayes, 0 nays. Tr. Brunner awe Tr. Kogstad Tr. Minx afire Tr. Staackmann to approve Resolution 08-41. Motion afire Tr. Marcus ayre afire Tr. Thill ~? 7 Trustee Thill noted that David Hoffman of the Public Works Departmentjust received his Arborist certification; he applauded him for his dedication and for "going the extra mile". 8. Trustee Thill said that the Historical Society was working with the Natural Resources Commission to get residents to nominate "historical" trees. They can be marker trees or simply very large or very beautiful examples of a particular species of tree. As an example, there's a 200 year old white oak tree at Nashville and Beckwith. Trustee Thill has nominating forms or they can be picked up at Village Hall. Anyone can nominate a tree simply by giving its location; an expert will then go and verify the species and whether it's historical or not. 9. Trustee Thill encouraged everyone in the Village to recycle: the Village's waste management service provider, Groot, will pay the Village $19 a ton for recycled material. XI. OTHER BUSINESS Trustee Brunner had a comment regarding the upcoming budget workshop. She noted that, especially in the last two resolutions, funds were being used from the Village's Capital Projects fund. For people who though there was too much money in reserves, she said, the Village couldn't do these things without those reserves. It's just something to think about. Minutes of June 23, 20986oard Meeting XII. WARRANTS Trustee Minx presented the Warrant Register for June 23, 2008, in the amount of $516,002.03. She moved to approve the Warrants, seconded by Trustee Marcus. Trustee Thill had several questions. There was a charge for $11,000 to G&L Contractors for doing hauling, and $3,000 to JKS, also for hauling. He wondered why the Village didn't do this hauling. Public Works Director DeMonte said that the JKS hauling fee is for the actual disposal at the dump plus special handling of certain waste material. As for G&L, they bring in a load of stone and sand, and then haul a load of debris. G&L is under contract with the Village for bringing in stone and sand and for doing hauling. Trustee Thill also questioned a $255 fee for showing movies. Trustee Brunner said it's a licensing fee for showing movies at the Civic Center. Trustee Thill asked about a $19,000 payment to Pinner Electric for traffic signal repair, and there's a notation about a $13,300 insurance reimbursement. He wondered if the Village was getting insurance reimbursement on this. Finance Director Partipilo said that $13,000 has been received by the Village; the line item on the Warrants was to pay the vendor. Trustee Thill noted a $26,000 charge for new parking meters at the Metra lot. He asked if they had all been installed at this point. Administrator Wade said he was not sure. Mr. DeMonte said he thought this was a payment for ordering them, but they won't actually be installed until the end of July. Trustee Thill asked about $2,700 for a tree removal at 9116 Marmora; he asked if the Village couldn't have handled it. Mr. DeMonte said that that wasn't Public Works. Mayor Krier said that tree removal was a Code Enforcement issue and there would be a lien against the property for that amount which the Village would hopefully recoup from the estate. Trustee Marcus asked, when there are traffic signal problems, whose responsibilities are they? Mr. DeMonte said some are 100% the Village's responsibility; some are 100% the State's, and some are shared 50/50 between the Village and the State. Trustee Marcus also wondered, when the police departmeht has to work intersections wtiere signals are out in order to keep traffic flowing, is the department still covering the community? Mayor Krier asked Chief Tasch to respond. Chief Tasch said that, if there is a long-term problem, the department would call in the ESDA volunteers to do traffic control in order to free up police officers so they can go on patrol. Trustee Marcus said he didn't think that most residents realized what an important rote the ESDA volunteers play in the community. Chief Tasch agreed, noting that the Fire Department often uses ESDA too. Trustee Kogstad asked about a replacement check to Nextel. Finance Director Partipilo said the post office has received two checks for Nextel but notified the Village that the address was undeliverable, and the post office therefore shredded the checks. The Village has now notified Nextel to get a correct address to which the checks can be sent. Mayor Krier called for the vote on the Warrants. Motion passed: 6 ayes, 0 nays: Tr. Brunner ~? Tr. Kogstad aye Tr. Marcus Tr. Minx a~~e Tr. Staackmann aye Tr. Thill a~ _ Minutesof June 23, 20986oard Meeting XIII. RESIDENTS' COMMENTS a. Eric Poders. Mr. Poders asked about the $1,500 for the landscaping for Project Lightspeed. Who holds the responsibility if something happens? He also asked about the Economic Development Commission. He attended the most recent meeting and there was no quorum and the chairman was not present. Mr. Poders was wondering if he could get an update from Mr. Neuendorf as to what the Commission has been doing because it was his understanding that comments regarding the proposed Strategic Plan had been due by June 15`". He wondered if there were going to be any public meetings or if any action was going to be taken. Regarding Project Lightspeed, Trustee Thill said that a formal contract will be signed between the Village and AT&T, and the Village will be taking responsibility. Mayor Krier said, regarding the Economic Development Commission, 4hat they are a volunteer group that meets every month. He said they don't take any action, but they work very hard. Mayor Krier said that he's aware of who shows up and who doesn't, and pointed out that this isn't a group that has petitioners coming before it, seeking approvals or spending money on plans, etc. The Commission does a lot of important work and advises the Board of things they would like to see done, but they don't take action themselves. Trustee Minx said she had attended that meeting and knew that there was alast-minute can- cellation due to an unexpected emergency-without that, there would have been a quorum. b. Mike (8946 Marion Avenue) was curious about the meters at the Metra parking lot; he wondered if they were the three machines hanging on the wall there. He also wondered how much the Village gets paid for recycling, and how many tons it recycles per year. He also asked about the Village's fuel discount, figuring that if the Village pays $3.68 for fuel, but doesn't pay state, federal, or county taxes-$3.68 is about where the actual fuel cost would be. He wondered if the Village actually did get a discount. Mayor Krier asked Mr. DeMonte to answer the question about the meters. Mr. DeMonte said the three machines wbiald be phased out acid there would be four instead. He thought the total cost of the meters was $70,000. Trustee Thill noted that, regarding the gas, we're locked into the price. Mr. DeMonte said it's a complicated formula; the price of the gas changes once a week based on a company that sets the price for gas distributors. The company calls in the price once a week and the Village then pays 1 % over that price, so the price fluctuates from week to week. It's also cheaper if the Village orders over 6,000 gallons. Mayor Krier asked what the capacity at Public Works is for storing gas-Mr. DeMonte thought it was around 50,000 gallons total between diesel and ethanol fuel. Trustee Staackmann asked if it was bio-fuel. Mr. DeMonte said it is by law. He noted that the tanks are filled about once a month. Regarding the recycling question, Trustee Brunner said that the Village's contract with Groot says that when Groot sells its recycling, they are obligated to pay a certain amount to the Solid Waste Agency of Northern Cook County (SWANCC) from their proceeds. SWANCC is doing an 80/20 split with its member communities, and when it reaches its goal of $100,000; the Village will then get 100% based on the amount of recycling each community does. Trustee Minx said that the more we recycle, the more the Village will get back. She said that several years ago Morton Grove was applauded as one of the leading communities in the recycling effort. " Minutes of June 23, 2008 Board MeiStin XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn to Executive Session to discuss personnel, labor negotiations, and real estate. The motion was seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. Brunner awe Tr. Kogstad ~ Tr. Marcus ~e Tr. Minx ~ Tr. Staackmann ~ Tr. Thill afire The Board adjourned to Executive Session at 8:21 p.m. Mayor Krier called the Executive Session to order at 9:29 p.m. In attendance were: Mayor Krier, Clerk Fritzshall, Trustees Brunner, Kogstad, Marcus, Minx, Staackmann, and Thill. Also present were Administrator Wade, Corporation Counsel Liston, and Community and Economic Development Director Neuendorf. There being no further business, Trustee Staackmann moved to adjourn the Executive Session at 9:12 p.m. The motion was seconded by Trustee Minx and passed unanimously via voice vote. Trustee Minx then moved to adjourn the regular meeting. The motion was seconded by Trustee Brunner and passed unanimously via voice vote. The regular meeting adjourned at 9:13 p.m. PASSED this 14th day of July, 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 14th day of July, 2008. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 15th day of July, 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Teresa Cousar Andrew Arkus EMPLO~'EE ANNIVERSARY AWARDS JULY 14, 2008 Jason Goodman Kerry Murakami Jeremy Schuette James Welter Public Works Department Police Department Police Department Police Deparhnent Building and Inspectional Services 25 years 10 years 15 years 10 years 20 years Richard T. Flickinger Municipal Center 6101 Capnlina Avenue ®Morton Grove, Illinois 60053-2985 Tel: (&~d7) 965-4100 Fax: (847) 965-4162 f2eryafed Pape r~~n~?r,; 2608 ~Tr11~.,~e IO~i3R f~bD41bC .1'C ~~~~~~ ~ire~t ~PrreTTsrriden~^^t &f BotRard`~~,,onf~'+t//'~~rlu. tst~eei-s~+',` 1~ V iLL!1.VL L~1~ 1'~lll'41 V1tl iIL4.~l l~G. 6101 Caputina Ave. Manton EsrC7vC, It, 60653 !n r~acordar~cc vviClt clircctieres issucci by you„ accordatycc whit 65 iLC~ 5/lL'-2.1-6 oi`t}re lllinais anti I'vli+ce com9ssiasn Ine sa~ra7o-~za~ F~ a~~i5-~rx~ ve examinations we-re conducted in Stsrnrtes, 199~(Rcviscd}. '1"he €ollowing person has qualified and is herewith ap ointed to a probatiunaly status nl' Police t~l'ficcr ice !hc ltilur[ors Grvvc Police L)epartment of tlae illage of Morten Crow, Illincxis, pursuant to the Rules tiud Rcgulaticme rrl'Lh^ Firc and Felice Com issian, effecftve an the date l~c~llowi ~ his Warne. TiMCATiIY P. ~V, F'fi'ectrve date crl' alzpointtner~! is Jueie 3(l, 2(}OR, whe VanDerHagen, a! 1(7;00 a.nt. Foznial swearing izt will l on 3uly 14, 2008, 7.30 p.tti., at the Council Charnbcrs, fit Submitted by; °~~ ~_ -~~ tviichael :`rintk9ns, Chairman Fire & Polio Commission C: T. `w'w'a1s1~ Chief Tasch .1. ~Vacie he will rel~nr~t to Ti~~zining C3fficer ICen conducted. at the Village Board muting I C~i[sulina Ave, Richard "I. Flickinger Nfu icilral Center (~I01 Capulina /teertne ~ Morton C7z v;, Illinois GOU53-22385 ~~ l~el_ (R47} 965-di0(I ~ Fax: ('~'~7~) 965-41Ei? ItL~..iJl.:1 r'erm .Tune 2G, 20fD8 President k: F3oard of "Crustees VrI.LAI"rE t7F McdRTON GI2C7vB £i 101 C:ahuliata Avc. Morton Cit~t7ve, iL 6Q(}53 zaireCt +~ ~rf c~rt~m t In accordtuace with directives issued by ynu, accordance with 65 ILC'S 5!1(1.2.1-ti of`the Illinois and i~ulice Co~tmiss3an ~e saa~~~rr-~z~~ F~ ~9E7feee-7'7ix l.ilive examinations v/ere errnducted itt filed Statutes, 1992 (It~viseci). 1'he fi~Ilowiag person has qualitiect quid is herewiClt ap aimed to a probationary stzaras of Police C}fticcr Tat tltc It~loa2ott Cirevc }'olicc Departmcna erl~ the illage ctf t~toarton Grove, Illinois, pcusuattt to the itules and Kegulations of the I~"Tee and F°aNco Corm nissinn, effective oaa the clhte folicrwinl; his name, 13RA)7~' P. Effective date of alt}tnintntent is .Tune 30, 2D08, wl,e VanDerH2gzn, at i(}:Of9 a.nt. fiorfttal swearing in will f un July 14, 2008:7 3(} P.m,; at the Council Cltamtsers, fsl Setbmad[atl by: --' Michael Simkins, Chairman Fire K~ Folicc Canvnission C:: t3. i-)ester Chief"Tasch S. Wxdc; lte will. report to 'I'raint`ng C3II3cez Ken conducted at the Village Roarcl meel:ina l Capulina Ave, ILiclz<ard '1'.. hlickittgcr Mm ieipal Center GIUI C'apulina Avcttttc ° Mnrton (isrrvc;, Illinois kr0051-29$$ ,qt~y, TcL• (847) 9E5-41.00 Fax: (847) r)f~5-4I6'~? ~C! ut~~y~i~~sr~~i,~~ 6`i[ 7bJ f fll 0:~4f`Jb~41 ~~ F'. ~~i? VIII LeEislative Summary L Ordinance 08-25 1 AMENDING TI'TLF, 6, CHAPTER B ENTITLEll DEADLY WEAPON5, OF THE MUNICIPAL CODE OR THE VILLAGE OF MORTON GROVE Introduced Synopsis: Purpose: Background: Department Affected: Fiscal Impact: Source of Funds: Administrator Recommendation: First Reading: Respectfully submitted: Prepared by: July lA, 2008 This Ordinance amends Title 6, Chapter 2, to remove the total ban on the possession of handguns within the Village of Morton Grove, and to incorporate by reference certain State of Illinois Statutes regulating the unlawful use of deadly weapons. This Code amendment will bring the Village's ordinances regulating the possession of handguns in compliance with the ruling of the United States Supreme Court in District of Columbia vs Heller which ruled individuals have a right under the second amendment to possess handg~ms within their place of residence. On June 8, ]981, the Village Board adopted ordinance 81-17 which among other things prohibited the possession of handguns throughout the Village of Morton Grove including within a person's place of abode. On June 26, 2008, the United States Supreme Court, in the case of District of Columbia vs Heller ruled the Second Amendment of the United States Constitution provides an individual right for persons to possess handguns within their residence and laws prohibiting the possession of handguns within a person's residence are anconstitutional. The United States Supreme Court also ivied units of government have the right to impose reasonable regulations on the possession of firearms. Passage of this ordinance will bring the Village's Municipal Code in compliance with the Supreme Court's ruling. In particular, this code amendment will remove the ban on all handguns within the Village of Morton Grove as set forth in Ordinance 81-1 1. The Village Code will incorporate by reference the following sections of State of Illinois law: 720ILCS 5/24, sections 1, 2, 6, and 9. Section 1 provides it is unlawful for persons to possess certain deadly weapons such as bludgeons, blackjacks, sand clubs, metal knuckles, throwing stars, switchblades, daggers, stun guns, or laser guns, etc, it is unlawful for a person to carry a concealed weapon, or transport a weapon unless it is broken down in a nonfunctioning state or not immediately accessible, it is unlawful for a person to possess certain unusual or dangerous firearms such as machine guns and sawed off shot guns, urd it is illegal to carry orpossess weapons upon public streets or publieland. Section 2 exemptscertain persons from the regulations of Section 1 including law enforcement, security, and military personnel. Section 6 provides for the confiscation, disposition, and return of firearms. Sution 9 makes it unlawful for a person to store or leave a firearm within a premise under his or her control if that person knows or has reason to believe a minor under the age of fourteen is likely to gain access to the firearm without the permission of the minor's parent or guardian u~d the minor causes death or great bodily harm with the firearm. Copies of 720 ILLS 5/24-1, 2, 6, and 9 are a~~~d to this Legislative Summary. Police and Legal Departments Not applicable Not applicable Approved as presented Required -Code Amendment Joseph F. Wade, Village Administrator Teresa Hoffinan Liston, Corporation Counsel Reviewed by: Paul L. Tasch, Jr., Police Chief (720 ILCS 5/Art. 24) ARTICLE 24. DEADLY WEAPONS (720 ILCS 5124-1) (from Ch. 38, par. 24.1) Sec. 24-1. Unlawful Use of Weapons. (a) A person commits the offense of unlawful use of weapons when he knowingly: (1) Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or (2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or taser or any other dangerous or deadly weapon or instrument of like character; or (3) Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing anon-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or (4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions: (i) are broken down in anon-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or (5) Sets a spring gun; or (6) Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or (7) Sells, manufactures, purchases, possesses or carries: (i) a machine gun, which shall be defined for the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures; purchases, possesses; or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person; (ii) any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or (iii) any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one- quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or (8) Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted. This subsection (a)(8) does not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; ar (g) Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or (10) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions: (i) are broken down in anon-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card. A "stun gun or taser", as used in this paragraph (a) means (i) any device which is powered by electrical charging units, such as, batteries, and which tires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or (11) Sells, manufactures or purchases any explosive bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or (12) (Blank). (b} Sentence. A person convicted of a violation of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), or subsection 24-1(a)(11) commits a Class A misdemeanor. A person convicted of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24- 1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation df subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1-146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8}, 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony. The possession of each weapon in violation of this Section constitutes a single and separate violation. (c) Violations in specific places. (1) A person who violates subsection 24-1(a)(6) or 24-1(a)(7) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site ormixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by apublic housing agency or leased by a public housing agency as part of a scattered site ormixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site ormixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years. (1.5) A person who violates subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site ormixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site ormixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 3 felony. (2) A person who violates subsection 24-1(a)(1), 24-1(a)(2), or 24-1(a)(8) in any school, regardless of the time of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site ormixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site ormixed-income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business. (3) Paragraphs (1 ), (1.5), and (2) of this subsection (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package. (4) For the purposes of this subsection (c), "school" means any public or private elementary or secondary school, community college, college, or university. (d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a}(7} is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver. (e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section. (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, eff. 8-21-07.) (720 ILCS 5124-2) (from Ch. 38, par. 24-2) Sec. 24-2. Exemptions. (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following: (1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer. (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment. (3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty. (4) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment. (5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon. (6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of notless than 40 hours of framing thaf includes the theoryof faw enforcement; liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon. (7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission. (8) Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services. (9) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties. (10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act. (11) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act. (12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code. (12.5) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed. (13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff. (13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission. (14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons. (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following: (1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges. (2) Duly authorized military or civil organizations while parading, with the special permission of the Governor. (3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing. (4) Transportation of weapons that are broken down in anon-functioning state or are not immediately accessible. (c) Subsection 24-1(a)(7) does not apply to or affect any of the following: (1) Peace officers while in performance of their official duties. (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense. (3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty. (4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in anon-functioning state or are not immediately accessible. (5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph. During transportation, such weapons shall be broken down in anon-functioning state or not immediately accessible. (5) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition tc the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract. The exemption granted under this subdivision (c)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract. During transportation, any such weapon shall be broken down in anon-functioning state, or not immediately accessible. (d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer. (e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer. (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges. (g) Subsections 24-1(a)(11) and 24-3.1(a)(5) do not apply to: (1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty. (2) Bonafide collectors of antique or surplus military ordinance. (3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordinance. (4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer. (g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g-5). During transportation, those devices shall be detached from any weapon or not immediately accessible. (h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption. (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card. (Source: P.A. 95-331, eff. 8-21-07; 95-613, eft. 9-11-07.) (720 ILCS 5/24-8) (from Ch. 38, par. 24-8) Sec. 24.8. Confiscation and disposition of weapons. (a) Upon conviction of an offense in which a weapon was used or possessed by the offender, any weapon seized shall be confiscated by the trial court. (b) Any stolen weapon so confiscated, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. After the disposition of a criminal case or in any criminal case where a final judgment in the case was not entered due to the death of the defendant, and when a confiscated weapon is no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for the weapon, the court may transfer the weapon to the sheriff of the county who may proceed to destroy it, or may in its discretion order the weapon preserved as property of the governmental body whose police agency seized the weapon, or may in its discretion order the weapon to be transferred to the Department of State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department. If, after the disposition of a criminal case, a need still exists for the use of the confiscated weapon for evidentiary purposes, the court may transfer the weapon to the custody of the State Department of Corrections for preservation. The court may not order the transfer of the weapon to any private individual or private organization other than to return a stolen weapon to its rightful owner. The provisions of this Section shall not apply to violations of the Fish and Aquatic Life Code or the Wildlife Code. Confiscation of weapons for Fish and Aquatic Life Code and Wildlife Code violations shall be only as provided in those Codes. (c) Any mental hospital that admits a person as an inpatient pursuant to any of the provisions of the Mental Health and Developmental Disabilities Code shall confiscate any firearms in the possession of that person at the time of admission, or at any time the firearms are discovered in the person's possession during the course of hospitalization. The hospital shall, as soon as possible following confiscation, transfer custody of the firearms to the appropriate law enforcement agency. The hospital shall give written notice to the person from whom the firearm was confiscated of the identity and address of the law enforcement agency to which it has given the firearm. The law enforcement agency shall maintain possession of any firearm it obtains pursuant to this subsection for a minimum of 90 days. Thereafter, the firearm may be disposed of pursuant to the provisions of subsection (b) of this Section: (Source: P.A. 91-696, eff. 4-13-00.) (720 ILCS 5/24-9) Sec. 24-9. Firearms; Child Protection. (a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is: (1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or (2) placed in a securely locked box or container; or (3) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years. (b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor. (c) Subsection (a) does not apply; (1) if the minor under 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or (2) to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person. (d) For the purposes of this Section, '°firearm°' has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act. (Source: P.A. 91-18, eff. 1-1-00.) ORDINANCE 0~-25 AMENDING TITLE 6, CHAPTER 2 ENTITLED DEADLY WEAPONS, OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), located u~ 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 fmiction pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, on June 8, 1981, the Village Board adopted Ordinance 81-ll which among other things prohibited the possession of handguns in a person's place of abode. WHEREAS, on June 26, 2008, the United States Supreme Courtin the case of District of Columbia vs Heller has ruled regulations prohibiting the possession of handguns in a person's home is unconstitutional; and WHEREAS, in this decision the United States Supreme Court held the right to keep a handgun in a person's home is an individual right; and WHEREAS, the United States Supreme Court, also ruled it remains constitutional for units of government to impose reasonable regulations on the possession of firearms; and WHEREAS, the Village Board of Trustees wish to amend Title 6, Chapter 2 so it is in compliance with the [Jnited States Supreme Court's decision in District of Columbia vs Heller. 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 therein thereby making the findings as hereinabove set forth. SECTION 2: Title 6, Chapter 2, of the Municipal Code of the Village of Morton Grove is hereby amended to read as follows: CHAPTER 2 DEADLY WEAPONS SECTION: 6-2-1: Definitions 6-2-2: Handgun Dealer Prohibited 6-2-3: Unlawful Use of Weapons; Exemptions 6-2-4: Discharging Firearms 6-2-5: Guns or Firearms which Fire Pellets of Paint 6-2-1: DEFINITIONS: As used in this chapter and unless the context clearly requires otherwise, the words and terms listed shall have the meaning ascribed to them in 720 ILCS 5/24 et seq. The following terms shall have the following meanings: HANDUUIvT Any firearm which is designed or redesigned, made or remade, and intended to be fired while held in one hand or having a barrel of less than ten inches (10") in length or a firearm of a size which may be concealed upon the person.. HANDGUN Airy person engaged in the business of selling or renting handguns at wholesale or DEALER retail, manufacture of handguns or repairing handguns, slaking or fitting special barrels or trigger mechanisms to handguns. LICENSED Any person licensed as a collector by the Secretary of the Treasury of the United FIREARM States under and by virtue of Title 18, United States Code, Section 923. COLLEC"FOR LICENSED GUN A club or organization, organized for the purpose of practicing shooting at targets CLUB licensed by the Village of Morton Grove as provided by this Code. 6-2-2: HANDGUN DEALER PI20HIBITED: No person shall engage in the business of handgun dealer in the Village and no business license shall be granted by the VIllage to any handgun dealer. Any person currently engaged in the business of handgun dealer may continue to be so engaged for a period of ninety (90) days after the effective date of this section. A conviction of a violation of this section by a holder of a business license issued by the Village shall constitute grounds for revocation of such business license by Che President and Board of Trustees (Ord 80-]0, 6-8-1981) 6-2-3: UNLAWFUL USE OF WEAPONS; EXEMPTIONS: A. The Village of Morton Grove hereby incorporates by reference the following sections of the Illinois Compiled Statutes as amended from time-to-time as fully restated in this section: 720 ILCS 5/24-1 Unlawful Use of Weapons. 720 ILCS 5/24-2 Exemptions 720 ILCS 5/24-6 Confiscation and Disposition of Weapons 720 ILCS 5/24-9 Firearms; Child Protection B. Penalties: Any person violating subsection A shall be subject to a penalty in accordance with Title 1, Chapter 4 of this Code. C. Voluntary Delivery to Police Department If a person voluntarily and peaceably delivers and abandons to the police department any weapon mentioned in this section, such delivery shall preclude the arrest and prosecution of such person on a charge of violating any provision of this chapter with respect to the weapon vohmtarily delivered. Delivery under this subsection may be made at the headquarters of the police department or by summoning a police officer to the person's residence or place of business. Every weapon to be delivered and abandoned to the police department under this subsection shall be unloaded and securely wrapped in a package and in the case of delivery to the police headquarters, the package shall be carried in open view. No person who delivers and abandons a weapon upon this subsection shall be required to furnish identification, photographs or fingerprints. No amount of money shall be paid for any weapon delivered or abandoned under this subsection. Whenever any weapon is surrendered under this subsection, the police department shall inquire of all law enforcement agencies whether such weapon is needed as evidence. If the same is not needed as evidence, it shall be destroyed. (Ord. 85-1, I-25-1985) 6-2-4: DISCHARGING FIREARMS: It shall be unlawful for any person to discharge (rearms within the corporate limits of the Village, except at or upon duly licensed ranges constructed and maintained set forth in this Code. (Ord. 85-1, 1-25-1985) 6-2-5: GUNS OR F`IREAIL'VIS WHICH FIRE PELLETS OF PAINT: A. Paint Guns: It shall be unlawful for any person to exhibit for sale, or to sell, give away, rent, lend or otherwise transfer, or to purchase any gtim or firearm manufactured or produced for the purpose of firing or shooting pellets of paint. B. Paint Pellets: It shall be unlawful for any person holding a retail business License to sell paint in the form of pellets which explode upon projection from a gun or firearm, or for any person to purchase paint in such explosive pellets. SECTION 3: This ordinance is an exercise of the home rule authority of the Village of Morton Grove and is intended to and, to the fullest extent allowed by the Constitution of the State of Illinois, nothing in this ordhlance shall be construed to render any State Statute relating to the unlawful possession or use of deadly weapons and in particular any statute set forth in 720 ILCS 5/24 et seq unenforceable. SUCTION 4: If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SUCTION 5: In the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part there, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as to code amendments set forth. above in this ordinance, all. chapters and sections of the Morton Grove Village Code as amended shall remain in full force and effect. SECTION 6: This ordinance shall be in full force and effect from and after its adoption, approval, and publication as provided by law. PASSED THIS 14`~ day of July 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thil1 APPROVED BY MU THIS 14~" day of July 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTEST'UD and FILES in my off ce This 15`h day of July 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Leeislative Summary Ordinance 08-27 AUTHORIZING THE EXECUTION OF A REAL ESTATE CONTRACT FOR THE SALE OF SURPLUS REAL ESTATE AT 5821. DEMPSTER STREET WITHIN THE VILLAGE OF MORTON GROVE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiseal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Inly I a, zoos 7"o authorize the V illage President to execute a contract for the sale of a surplus vacant building at the location commonly known as 5821 Dempster Street. The sale of the surplus property will result in multiple benefits to the V illage including rehabilitating a vacant store, providing immediate revenue, generating real estate and other taxes. The parcel was originally purchased for $205,000. In September 2002 the Village purchased four parcels of Land at 5821-5831 Dempster Street in order to construct a municipal parking lot to benetit local merchants and shoppers [n 2007, federal and state fends became available for the construction of the parking lot. "Ihe parking lot was designed in such a way where only three of the four lots were required. "rhe parking tot was subsequently built in November 2007 and did not utilize 5821 Dempster Street. Pursuant to Resolution 07-64 passed by the Corporate Authorities on December 10, 2007, 5821 Dempster Street was determined to be surplus property and the Corporate Authorities authorized Village staff to offer for sale and negotiate a contract for the sale of this properly subject to certain terms and conditions. The resolution was subsequently published in the Morton Grove Champion and the Village secured an MAI appraisal of the site. "Lhe Village has negotiated a sale of the property to Dr. Saba Khan. The sates price, as ^egotiated, is for $345,000 which is more than 80% of the appraised value of the property. The contxact requires the purchaser to improve the exterior fagade of the property and utilize the property as a dental or multi-specialty dental practice owned and operated by the Beyer for at least five years after its sate. Tho Village has the right to reacquire the property if these conditions have not been met. 'The V illage also has the right of first refusal should the property be sold within'fiIteen years after the closing of the sale of the property. Village staff has recommended the Corporate Authorities approve this contract. Legal, Administration, and Community and Economic Development Departments The Village will gain approximately $345,000 from the sate of this property, and will in the future gain additional real estate and sales taxes. N/A The implementation of the sale will be done as part of the normal operations of the Legal, Community and Economic Development Departments. Approval as presented. ,luly 14, 2008, Required This ordinance provides that it shall become effective upon ifs passage by athree-quarter vote of the Corporate Authorities (i.e. five votes). Respectfully submitted: Joseph F. Wade, Village Administrator Prepared by: Reviewed by: __ Teresa Hoffman Liston, Corporation Counsel William Neuendorf, Comm & Econ Develop Director ORDINANCE 08-27 AUTHORIZING THE EXECUTION OF A REAL ESTATE CONTRACT FOR THE SALE OF SURPLUS REAL ESTATE AT 5821 DFMPSTER STREET WITHIN THE VILLAGE OF MORTON GR®VE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village owns a vacant building at a location commonly known as 5821 Dempster Street, Morton Grove, Illinois and legally described as follows: LOT 11 IN NORTHWESTERN EXTENSION REALTY COMPANY'S DEMPSTER TERMINAL SUBDIVISION OF PART OF LOTS 16 AND 22 AND ALL OF LOT 21 IN COUNTY CLERKS DIVISION OF THE EAST HALL' OF THE NORTHEAST QUARTTR OE SECTIONS 19 AND 20, TOWNSHIP 41, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COiINTY, ILLINOIS PIN:10-20-201-013-0000; and WHEREAS, this parcel of property is approximately 3,105 square feet, and is zoned in the C-1 Commercial District and WHEREAS, the property currently is improved with a vacant retail store front; and WHEREAS, the Village originally purchased this property in order to construct a municipal parking lot on tlvs site and on the Village owned property immediately west and contiguous to this site; and WHEREAS, the property was determined not to be needed for the construction of the municipal parking lot and was deemed to be surplus real estate; and WHEREAS, pursuant to Resolution 07-64 passed by the Corporate Authorities on December 10, 2007, Village staff was authorized to negotiate a contract for the sale of 5821 Dempster Street, Morton Grove, Illinois pursuant to certain terms and conditions set forth in the resolution; and WHEREAS, Resolution 07-64 was published hl the Morton Grove Champion, a newspaper of general circulation in the Village of Morton Grove on or about December 20, 2007; and WHEREAS, the Village Administrator obtained a written MAI Certified Appraisal of the property; and WHEREAS, Village staff has negotiated a contract for the sale of the property pursuant to the terms and conditions set forth in Resolution 07-6~} for $345,000.00 which is more than 80% of the appraised value of the property; and WHEREAS, the Corporate Authorities determine the acceptance and approval of the contract for the sale of 5821 Dempster to Dr. Saba Khan as negotiated by Village staff, and substantially as set forth in Exhibit "A" is in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION l: 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 is hereby authorized to execute, and the Village Clerk Co attest, to a contract with Dr. Saba Khan for the sale of 5821 Dempster for a price of $345,000 plus or minus credits and prorations pursuant to terms and conditions in substantial conformity with Exhibit "A". SECTION 3: The Village Administrator, Corporation Counsel, and the Director of Community and Economic Development, and/or their designees are authorized to take all steps necessary to finalize negotiations for said contract and implement its terms and conditions. SECTION 4: This ordinance shall be deemed an exercise of the home Wile authority of the Village of Morton Grove and is intended and shall be construed to the fullest extent allowed by the Constitution of the State of Illinois to supersede any contrary or conflicting state, county, or local rule or regulation. SECTION 5: This Ordinance shall. be in full force and effect from and upon its passage and approval by a vote of at least two-thirds of the Corporate Authorities then holding office, and publication according to law. PASSED this 14`~ day of July 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 14`~ day of July 2008. Richard Krier, Village President Village of Morton Cirove Cook County, Illinois APPROVED and FILED in my office This 15`" day of July 2008. Carol A. F'ritzshall, Village Clerk Village ofMortori Grove Cook County, Illinois VHAdmin/Legis/OrU/5821 Dempster EXHIBIT "A" PURCHASE AND SALE AGREEMENT 5821 Dempster Street, Morton Grove, Illinois THIS PURCHASE AND SALE AGREEMENT ("Agreement"), is made and entered into as of the _ day of July 2008, by and between THE VILLAGE OF MORTON GROVE, ILLINOIS, an Illinois municipal corporation, and a home rule unit of government ("Seller"), and Dr. Saba Khan, ("Buyer"); collectively, the "Parties", and individually, a "Party." In consideration of the mutual covenants and promises of the Parties set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: SUBJECT PROPERTY AGREEMENT OF PURCHASE AND SALE PURCHASE PRICE. 1.1 Subject Property. Seller is the owner of certain. real property commonly known as 5821 Dempster Street, Morton Grove, Cook County, Illinois consisting of land and a vacant building thereon and legally described as follows: LOT 11 IN NORTHWESTERN EXTENSION REALTY COMPANY'S DEMPSTER TERMINAL SUBDIVISION OF PART OF LOTS 16 AND 22 AND ALL OF LOT 21 IN COUNTY CLERKS DIVISION OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTIONS 19 AND 20, TOWNSHIP 41, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS PIN: 10-21-201-013-0000 ("the Subject Property') 1.2 Agreement of Purchase and Sale. According and subject to all of the provisions of this Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Subject Property. 1.3 Purchase Price. The "Purchase Price' for the Subject Property shall be the sum of Three Hundred Forty Five Thousand and 00/100 Dollars ($345,000.00). The Purchase Price, plus or minus pro-rations hereunder and with credit given against the Purchase Price to Buyer for the Earnest Money (together with any interest earned thereon) shall be paid by Buyer to Seller in immediately available funds at Closing. Except for the pro-rations and credits referred to in the preceding sentence, the Purchase Price shall be net to Seller, it being understood that, except as expressly provided herein, Buyer shall have no right or remedy of offset, abatement or deduction against the Purchase Price for any reason, including, but not limited to, any reason arising out of any facts or circumstances regarding the Subject Property, whether discovered in connection with Buyer's investigation of the Subject Property or otherwise. 2. EARNEST MONEY; CONTINGENCY PERIOD. 2.1 Deposit of Earnest Money. Within two (2) business days of the execution and delivery of this Agreement, Buyer shall deposit with the Seller or its designated agent the sum of Ten Thousand and 00/100 Dollars ($10,000.00) ("Initial Earnest Money"). Within two (2) business days after the contingency period, unless the Buyer has elected to terminate this contract pursuant to Section 2.2, Buyer shall deposit with the Seller or its designated agent the additional sum of Ten Thousand and 00/100 Dollars ($10,000.00) so that the total Earnest Money to be deposited by Buyer with Seller is Twenty Thousand and 00/100 Dollars ($20,000.00) ("Earnest Money'). 2.2 Contingency Period. Buyer shall have a period of up to thirty (30) days, or such lesser time as buyer stipulates in writing, after the contract has been fully executed and delivered to the parties ("the Contingency Period") to investigate the subject property and all circumstances relating to Buyer's purchase of the subject property and determine in its absolute discretion whether it wants to terminate this contract. If, prior to the expiration of the Contingency Period, Buyer notifies Seller it is terminating this Agreement for any reason, then the Earnest Money (and any interest earned thereon) shall be returned to Buyer. Thereafter (except as expressly provided herein) the Earnest Money (and any interest earned thereon) shall become the non-refundable property of the Seller but applicable to the Purchase Price in the event the Parties proceed to "Closing" (defined later). In addition, if this Agreement is terminated because: (i) Seller is unable to convey fee simple title to the Subject Property to Buyer at Closing subject only to the "Deed Exceptions" (defined later); (ii) of a default by Seller which default is not cured within ten (10) days after receipt of written notice from Buyer specifying the particulars of such default; (iii) of a failure of the condition set forth in Section 7.2.1; or (iv) either party elects to terminate this contract pursuant to Section 6, then the Earnest Money (and any interest earned thereon) shall also be returned to Buyer. If this Agreement is terminated for any other reason, Seller shall be entitled to retain the Earnest Money (and any interest earned thereon) as liquidated damages as Seller's sole remedy against Buyer. IT IS AGREED SELLER SHALL RETAIN THE EARNEST MONEY (AND ANY INTEREST EARNED THEREON), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND THAT THE EARNEST MONEY (AND ANY INTEREST EARNED THEREON) REPRESENTS A REASONABLE ENDEAVOR BY THE PARTIES TO ESTIMATE A FAIR COMPENSATION FOR THE FORESEEABLE LOSSES WHICH MIGHT RESULT FROM A TERMINATION OF THIS AGREEMENT, IT BEING UNDERSTOOD THE AMOUNT OF ACTUAL DAMAGES WOULD BE EXTREMELY DIFFICULT, IMPRACTICABLE OR IMPOSSIBLE TO ASCERTAIN. 2.3 Satisfaction of Conditions. On or before the last day of the Contingency Period ("Approval Deadline"), Buyer shall be satisfied, in Buyer's reasonable discretion, with the condition of the Subject Property and the results of its Inspection, and shall have satisfied (or waived) the other conditions set forth in this Section 2. If Buyer reasonably determines the conditions set forth in this Section are not (or can not be) satisfied, or that as a result of its Inspection, the Subject Property is not satisfactory for any reason, then Buyer shall so notify Seller in writing with such reasons on or before the Approval Deadline. Failure to deliver such notice by the Approval Deadline shall be deemed Buyer's approval of its Inspection and the satisfaction (and/or waiver) of the conditions set forth herein, and Buyer shall be conclusively deemed to have waived Phis condition and its right to terminate this Agreement pursuant to this Section. If Buyer has given such notice to Seller on or before the Approval Deadline, then this Agreement shall thereupon terminate, the Earnest Money (and any interest earned thereon) shall be returned to Buyer and the Parties shall have no further rights, obligations or liability hereunder, except as may be otherwise expressly provided herein. The date Buyer delivers notice of its approval of the Subject Property and satisfaction (and/or vdaiver) of the conditions set forth herein, or the date Buyer is deemed to have done so, is hereinafter referred to as the "Approval Date." 2.4 As-IslWhere-Is Sale. Buyer agrees, by the expiration of the Contingency Period, Buyer will have examined the Subject Property and be familiar with the value, character, quality and condition thereof, and with access thereto, and Buyer is relying solely upon its Inspection and knowledge in connection with the transactions contemplated by this Agreement, and except as expressly provided herein, not on any representations of Seller, its agents, employees and/or attorneys, and subject to the terms of this Agreement, Buyer shall purchase the Subject Property without adjustment to or offset against the Purchase Price. Buyer hereby affirms, except as otherwise expressly provided herein, Seller, its agents, employees and/or attorneys have not made, nor has Buyer relied upon, any representation, warranty or promise with respect to the Subject Property or any other subject matter of this Agreement, including, without limitation, any warranties or representations, expressed or implied, as to the Buyer's ability to secure financing, zoning, value, use, rents, income, expenses, operation, tax status or physical condition of the Subject Property, or any part thereof, including, but not limited to, the flood elevations, drainage patterns and soil and sub-soils composition and compaction level, and other conditions at the Subject Property, or the existence or non-existence of "Hazardous Materials" (defined later) on, under, or in the area of the Subject Property, or as to the accuracy of any survey, soils report or other plan or report with respect to the Subject Property. Without limiting the generality of the foregoing, Buyer is purchasing the Subject Property from Seller in an "AS IS", "WHERE IS" CONDITION, SUBJECT TO "ALL FAULTS", INCLUDING, BUT NOT LIMITED TO, BOTH LATENT AND PATENT DEFECTS. BUYER HEREBY WAIVES 2 ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TITLE (except as specifically set forth in the Deed) CONDITION AND USE OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2.5 Additional Seller's Documents. Within five (5) business days of the full execution and delivery of this Agreement, Seller shall make available to Buyer for Buyer's inspection, copies of all surveys, environmental reports, soils tests, maps and plats located in Seller's files if any for this location, which may be copied by Buyer at Buyer's expense. Buyer acknowledges Seller's documents may be inspected as a courtesy only, without representation or warranty of any kind, and Buyer also acknowledges Buyer shall not be entitled to rely on any such materials, and that if Buyer does so, it is at Buyer's own risk. Seller shall, at Seller's expense provide to Buyer within five (5) days of closing a staked, boundary survey not less than ninety (90)days old. 3. BUYER'S INSPECTIONS. Subject to all the terms and conditions of this Agreement, Buyer and its agents shall have the right during the Contingency Period to conduct, at Buyer's sole cost and expense and subject to the terms hereof, its "Inspection" (defined later) of the Subject Property. 3,1.1 Buyer's Inspection may include, but shall not be limited to: (i) a physical inspection of the Subject Property, including surveys, soils tests, site analyses, engineering studies, examinations of the building and improvements thereon (including structural and mechanical tests) and utility availability; (ii) an environmental investigation of the Subject Property (subject to the terms of this Agreement); (iii) investigations regarding zoning and code requirements (i.e., Buyer shall be satisfied all public and quasi-public authorities having jurisdiction over any aspect of Buyer's proposed development of the Subject Property and related off-site improvements, if any, shall have issued and approved, or shall be prepared to issue and approve, to the extent required, all site plan approvals and other approvals necessary for Buyer's proposed development of the Subject Property, excluding building permits); and (iv) economic feasibility studies and the availability of financing satisfactory to Buyer for Buyer's proposed development of the Subject Property. 3.1.2 During the Contingency Period, Seller hereby grants to Buyer a license, to enter upon the Subject Property at reasonable times, upon no less than one (1) business day's prior written Notice td Seller, for purposes df performing the Inspection, and Seller represents and warrants that it has the right and authority to grant Buyer the rights conferred by this Section. 3.1.3 Buyer agrees it shall: (i) not endanger or do anything constituting a nuisance to, persons or property in the vicinity of the Subject Property, nor alter (other than for soil or groundwater testing in accordance with this Agreement), damage or destroy the Subject Property; and (ii) repair any loss or damage caused to the Subject Property by reason of its entry. Buyer shall indemnify, defend and hold harmless: (a) Seller and any affiliate or subsidiary of Seller; and (b) the principals, directors, officers, shareholders, partners, employees, representatives, successors, assigns, transferees, agents, contractors, sub-contractors and invitees of the persons or entities listed in clause "(a)" of this sentence (each of the foregoing persons and entities in clauses "(a)" and "(b)" of this sentence being referred to hereinafter as an "Indemnitee"), from and against any and all liability, loss, damage, cost or expense (including court costs and reasonable attorneys' fees and excluding any liability solely based on Buyer's test results, but not excluding any liability based on Buyer's testing), of whatever nature and by whomever asserted, arising out of, resulting from or in any way connected with the acts or omissions of Buyer, its contractors, employees or agents in connection with Buyer's access to, and Inspection of, the Subject Property. 3.2 Buyer's Environmental Inspection. 3.2.1 Buyer shall have the right, but not the obligation, to perform environmental due diligence with respect to the Subject Property during the Contingency Period. If Buyer so desires, or desires to conduct any tests or cause the surface of the ground to be penetrated in any manner for any purpose (such as soils tests, etc.), it shall first provide a work plan and obtain Seller's written approval, such approval not to be unreasonably withheld, conditioned or delayed. A qualified consultant or contractor ("Inspector") shall perform such environmental inspection(s). The results of Buyer's inspections relating to Hazardous Materials shall be provided to Seller. 3.2.2 If this Agreement is terminated for any reason, Buyer shall immediately deliver to Seller any and all documents, plans and other items furnished to Buyer or any reports or analyses created or obtained by Buyer or the Inspector, without retaining copies thereof, except for such information Buyer deems is uniquely sensitive or proprietary, such as internal analyses, internal studies, budgets, pro formas and marketing information Buyer has ordered from its marketing consultant. All studies, data, reports, analyses, writings and communications, including any environmental studies or reports, shall be generated by the Inspector for the use of Buyer's and Seller's attorneys, and, to the fullest extent permitted by law, shall be the work product of both Buyer's and Seller's respective attorneys and shall constitute confidential, attorney-client communications and each Party shall use its best efforts to ensure that such confidence and privilege is maintained. 3.2.3 To the extent permitted by law, from and after the Closing, Buyer expressly assumes the risk any Hazardous Materials are or hereafter may be located on, under, or in the area of the Subject Property, including, but not limited to, any Hazardous Materials that may be discovered in connection with Buyer's inspection of the Subject Property, and Buyer hereby releases and discharges the Indemnitees from and against any and all judgments, claims, expenses (including attorneys' and other consultants' reasonable fees and costs) causes of action, damages, liabilities, including, without limitation: (i) all foreseeable and all unforeseeable consequential damages directly or indirectly arising out of the presence, use, generation, storage, disposal, release or threatened release of Hazardous Materials on, under or in the area of the Subject Property; and (ii) the cost of any reasonably necessary investigation, repair, cleanup, remetliatidri br detoxificatidh of the Subject Property and other affected property and the preparation of any corrective action, closure or other required plans or reports, to the full extent that such actions are alleged to be attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials by any person related to or involving the Subject Property. In addition, and without in any way limiting the foregoing, Buyer agrees to indemnify, defend and hold harmless the Indemnitees from and against any and all judgments, claims, expenses (including attorneys' and other consultants' reasonable fees and costs) causes of action, damages, liabilities directly or indirectly arising out of: (i) the presence, use, generation, storage, disposal, release or threatened release of Hazardous Materials on, under, or in the area of the Subject Property, unless such presence, use, generation, storage, disposal, release or threatened release is solely a result of the acts of an Indemnitees and (ii) the cost of any reasonably necessary investigation, repair, cleanup, remediation or detoxification of the Subject Property and other affected property and the preparation of any corrective action, closure or other required plans or reports, to the full extent such actions are alleged to be attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials by any person related to or involving the Subject Property. 3.3 No Warranty by Seller; Buyer's Expenditures. Seller does not guaranty, represent or warrant any of the conditions of the subject property. Seller shall incur no liability or expense in connection with Buyer's ability or inability to satisfy any of such conditions, nor shall Seller by 4 obligated to take any action, including, but not limited to, the elimination of any defect of title or the remedying of any condition of the Subject Property. Buyer agrees that any expenditure, commitment or other action taken by Buyer pursuant to this Agreement, or otherwise in contemplation of Closing, is taken by Buyer at its own risk, and that no such expenditure, commitment or action shall obligate Seller to incur any liability to Buyer or to any third party, and Buyer hereby indemnifies Seller against any such liability. 4. SPECIAL CONDITIONS OF SALE AND RESTRICTIVE COVENANTS. Seller's agreement to sell the property is predicated upon and Buyer's subsequent ownership of the property is expressly subject to the special conditions in this Section 4. At closing, Seller and Buyer shall cause restrictive covenants to be recorded against the subject property to be binding upon Buyers, their heirs, assigns and successors in interest, and which shall provide substantially the following: 4.1 Buyer to Improve Property. Buyer shall within twelve (12) months after the closing, complete significant improvements to the property. "Significant" shall mean at a minimum, an investment of approximately $100,000 to the building (not including furnishings and inventory) and must include the following: (i) rehabilitation of front (north), side (west) and rear (south) exterior fagade in a manner subject to the written approval of the Village Administrator or his designee, (ii) reconstruction, repair or rehabilitation of rear parking lot as required by the Building Commissioner of the Village; (iii) the property shall be remodeled and improved to meet ail applicable federal, state and Village regulations and codes, including without limitations all regulations pertaining to life safety and accessibility for individuals with physical limitations. The approval of the Village Administrator as to the fagade and exterior improvements shall be in addition to and not in lieu of all normal approvals (Building Department, Fire Department, Appearance Commission, etc} required for this type of remodeling/construction project, and Buyer understands that the Village Administrator shall require that the quality and aesthetic improvement to the exterior fagade shall be higher than requirements set forth in the Village's Codes and regulations. In the event the subject property is not timely improved and remodeled and compliant with all applicable codes Seiler shall have the right, but not the obligation, upon 30 days written notice to Buyer, to reacquire the subject property at 90% of the purchase price plus or minus credits, accrued or outstanding utility bills, real estate taxes and other pro-rations and offsets. Buyer shall have the same right as any other Dempster Street property or business owner to apply for any Village sponsored fagade improvement assistance program, and it the Buyer subsequently applies for such assistance, the Village shall process such application in the same ~easdriabie; expeditious and fair manner as it would for any other Dempster Street property or business owner. Buyer hereby acknowledges that she is not guaranteed to receive such assistance and such assistance is not a consideration of this contract. 4.2 Property to be Owner Occupied and used for Dental Practice. The property shall be used only as a dental ormulti-specialty dental practice owned and operated by the Buyer, and the property shall not be leased or sub-leased to any other person or entity except for another dentist or dental practice for 5 years after the closing date unless expressly authorized by the Seller in writing. 4.3 Legal Compliance. All construction and business operations shall be in accordance with the codes, standards, and ordinances adopted by the Village and amended from time-to-time. The Village shall use reasonable and prudent efforts to process all permit applications fairly and expeditiously. 4.4 No Tax Appeal. Buyer or her tenants shall not appeal property tax assessment for the property far 10-years after the closing date without the express written authorization of the Village which shall not be unreasonably withheld. 4.5 Right of First Refusal. Seller shall retain the right of first refusal for property sale within 15- years of the closing date and Buyer shall not sell the property to anyone other than the Seller during that period without first offering it for sale to the Seiler pursuant to substantially the same terms and conditions of a bone-fide written offer presented to Buyer by a third party. Seller shall have 30 days from the receipt of a copy of said bone-fide offer to accept said offer. 5. TITLE. 5.1 Deed. At Closing, Seller shall convey fee simple title to the Subject Property to Buyer, or Buyer's nominee, by special warranty deed ("Deed"), subject to the following "Deed Exceptions": (i) all matters of record; (ii) private, public and utility easements; (iii) roads and highways, if any; (iv) real estate taxes and special taxes or assessments, or any installments of any special taxes or assessments, not due and payable on or before Closing; (v) rights-of-way; (vi) drainage ditches, feeders, laterals, drain tile, pipes or other conduit; (vii) zoning laws and ordinances; (viii) all matters (including, but not limited to, encroachments) which would be disclosed by an accurate survey and/or physical inspection of the Subject Property; and (ix) all acts and/or omissions of Buyer and those acting by, through or under Buyer 5.2 Monetary Liens. Seller agrees that, with respect to monetary liens created by Seller, Seller shall, at or prior to Closing, cause such liens to be eliminated, cured or removed from title by bonding, or otherwise in a manner reasonably acceptable to Buyer. 5.3 Title Insurance. 5.3.1 Within fifteen (15) days prior to the closing of this Agreement, Seller shall cause a title commitment for an ALTA Form 1992 Owner's Title Insurance Policy ("Title Commitment"), covering the Subject Property to be issued and delivered to Buyer. 5.3.2 Buyer shall have ten (10) days after receipt of the Title Commitment to notify Seller in writing of Buyer's disapproval of any title exceptions or other matters shown thereon, and Buyer agrees not to unreasonably withhold its approval of any such exceptions or other matters. Buyer's failure to notify Seller of its disapproval of any title exceptions or other matters shown thereon within such ten (10) day period shall be deemed Buyer's approval thereof. All exceptions or other matters shown on the Title Commitment which Buyer has not disapproved of prior to the expiration of such ten (10) day period, or which is deemed approved by Buyer, shall be "Permitted Exceptions." 5.3.3 Seller shall Have ten (10) days frdm the date df receipt df any notice df disappfoval in Section 4.1.2 to cause such disapproved exception or matter to be removed from the Title Commitment or to commit to insure there over in a manner reasonably acceptable to Buyer; provided, Seller shall have no obligation to cause such exception or matter to be removed from the Title Commitment or to commit to insure there over. Unless Seller notifies Buyer within the ten (10) day period provided above that Seller has caused such exception or matter to be removed from the Title Commitment or has committed to insure there over in a manner reasonably acceptable to Buyer, Seller will conclusively be deemed to have elected not to cause such exception or matter to be removed from the Title Commitment or commit to insure there over. In such event, Buyer shall notify Seller within the ten (10) days from the expiration of such period as to whether Buyer shall elect to: (i) waive such exception or matter and complete the acquisition of the Subject Property in accordance with this Agreement; or (ii) terminate this Agreement. If Buyer fails to notify Seller within such ten (10) day period, Buyer shall be deemed to have elected item "(i)" above. 6. DESTRUCTION OR DAMAGE OF PROPERTY. If prior to the closing of the subject property, or any part thereof shall be destroyed or materially damaged by fire or other casualty, or by any act or occurrence other than the act of Buyer, either party shall have the option to terminate this Contract, upon written notice given to the other party within ten (10) days after such material damage. If the foregoing option to terminate is not exercised, this Contract shall continue in full force and effect. 6 CLOSING. The Closing of the transaction contemplated by this Agreement ("Closing"), shall take place at the office of Corporation Counsel Teresa Hoffman Liston within sixty (60) days after the expiration of the contingency period, but in no event not later than September 30, 2008, or at such other location or dates mutually agreeable to the parties. 7.1 Deposits. 7.1.1 Seller shall deposit, or cause to be deposited, in escrow with Escrow Holder, on or prior to the Closing Date: (i) a duly executed and acknowledged Deed; (ii) Seller's closing statement; (iii) a certificate of non-foreign status in accordance with Section 1445 of the Internal Revenue Code ("Code'); and (iv) any other documents reasonably required by Seller's Title Company to: (1) close the transactions contemplated by this Agreement; and (2) deliver the "Title Policy" (defined later) to Buyer in the form required hereunder. 7.1.2 Buyer shall deposit, or cause to be deposited, in escrow on or prior to the Closing Date: (i) immediately available funds equal to the Purchase Price plus or minus any costs, prorations or other amounts that Buyer shall be responsible to pay pursuant to the terms hereof; and (ii) any other documents reasonably required by Escrow Holder (subject to the review and approval of Buyer) to: (1) close the transactions contemplated by this Agreement; and (2) deliver the Title Policy to Buyer in the form required hereunder. 7.2 Conditions. The following are conditions to the Parties' respective obligations to close: 7.2.1 Buyer shall be satisfied of the following: (i) Seller shall have performed and complied with all material agreements, covenants and conditions required by this Agreement to be pertormed or complied with by Seller prior to or at the time of Closing; and (ii) Seller's Title shall be unconditionally committed to issue the ALTA Form 1992 Owner's Title Insurance Policy ("Title Policy°), in the amount of the Purchase Price, insuring fee title to the Subject Property vested in Buyer subject only to the Permitted Exceptions, and any endorsements or additional coverages (e.g., extended coverage) requested and paid by Buyer and which Seller's Title is willing to issue. 7.2.2 Seller shall be satisfied of the following: (i) Buyer shall have performed and complied with all agreements, covenants and bdriditidns required by this Agreement td be performed or complied with by Buyer prior to or at the Closing Date. 7.3 Title Company: On the Closing Date, Seller's Title shall: 7.3.1 Deliver to Seller: (i) the Purchase Price, less any prorations or other amounts that Seller may be responsible to pay pursuant to the terms hereof; (ii) the appropriate escrow closing statement; and (iii) copies of any other documents delivered to Seller's Title in connection with the transaction contemplated by this Agreement. 7.3.2 Deliver to Buyer: (i) the Title Policy in the amount of the Purchase Price, insuring fee simple title to the Subject Property to be vested in Buyer or Buyer's nominee, subject only to the Permitted Exceptions; (ii) the original recorded Deed; and (iii) fully executed originals of any other documents delivered to Seller's Title in connection with the transaction contemplated by this Agreement. 7.4 Apportionment of Taxes, Closing Costs, Etc. 7.4.1 Seller is a unit of government, and as such, no real estate taxes have or shall be due for any period Seller has owned the property. Therefore Seller shall not be obligated to give Buyer any credit at closing for real estate taxes. If for any reason taxes become due or owing for the period Seller owned the property, said real estate taxes shall be Seller's responsibility, and seller shall time pay said real estate taxes and indemnify and hold buyer harmless from same. From and after the Closing, Buyer agrees, and Seller agrees to cooperate with Buyer, to take all actions reasonably necessary to notify all applicable federal, state and local governmental authorities of the change of ownership and address to which all real estate tax statements and related information with respect to the Subject Property should be mailed to insure Buyer's receipt thereof. 7.4.2 Seller shall pay the following Closing expenses: (i) the cost of the standard coverage portion of the Title Policy premium (excluding the cost of extended coverage or any endorsements or additional coverages); (ii) all State and County and Village of Morton Grove transfer taxes in connection with the transaction contemplated by this Agreement if any; and (iii) the fees and expenses of Seller's attorneys, accountants, engineers, consultants, and designated representatives. 7.4.3 Buyer shall pay the following Closing expenses: (i) the cost of recording the Deed and any other conveyance documents; (ii) the cost of all title insurance premiums for any endorsements or additional coverages requested by Buyer and which Seller's Title Company is willing to issue, including the extended coverage portion of the Title Policy premium, if any; (iii) any Title closing service fees required by this contract or requested by Buyer's lender; and (iv) the fees and expenses of Buyer's attorneys, accountants, engineers, consultants and designated representatives. 8. ADJACENT MUNICIPAL PARKING LOT. Currently, Seller owns the property immediately west of the subject property, which is currently being maintained and operated as a municipal parking lot ("parking lot"). The parties agree Seller is under no obligation to continue to own said parking lot, or to continue to maintain or operate it as a parking lot, and this agreement does not impose any restrictions or limitations on Seller's ownership of the parking lot, nor does it give Buyer, her employees, customers and guests any special or exclusive rights to use the parking lot. Buyer acknowledges that the property immediately to the west of the parking lot does have the exclusive right to use five (5) designated spaces within said lot. Buyer agrees not to use those spaces. 9. CONDEMNATION. If, during the term of this Agreement and prior to Closing, any entity having the power of condemnation initiates proceedings to acquire by condemnation any portion of or interest in the Subject Property (a "Taking"), which Taking materially and adversely affects Buyer's ability to operate its proposed business on the Subject Property, then either Party shall have the right to terminate this Agreement by notice ("Taking Notice"), to the other Party given prior to the earlier of: (a) thirty (30) days following the date notice of such proceeding is given to Seller by the entity initiating such proceeding; or (b) the Closing Date; and, in the event of a termination of this Agreement pursuant to this Section, Buyer shall be entitled to the return of the Earnest Money (and any interest earned thereon). If either: (i) a Taking occurs and no Taking Notice is given prior to the applicable date; or (ii) the Taking is not of a nature as to create a right in either Party to terminate this Agreement, this Agreement shall not terminate nor shall the Purchase Price be reduced, but such proceeding and any condemnation relating thereto shall constitute a Permitted Exception and Seller shall assign to Buyer at Closing any and all rights Seller may have in such proceeding with respect to the Subject Property and any condemnation award relating thereto. 10. NOTICES. All notices, requests, demands, and other communications hereunder shall be in writing and shall be given by: (i) established express delivery service which maintains delivery records; (ii) hand delivery; or (iii) first-class mail, postage prepaid, to the Parties at the following addresses; or at such other address as the Parties may designate by written notice in the above manner: To Seller: The Village of Morton Grove, Illinois. c/o Teresa Hoffman Liston, Corporation Counsel 6101 Capulina Avenue Morton Grove, Illinois 60053 Phone: No.:847/470-5220 Fax No.: 847/965-4162 To Buyer: Thomas J. Moran, 6201 W. Touhy # 209 Chicago, IL 60646. Phone No.: 773-631-6520 Fax No.: 773-631-6528 Communications may also be given by fax, provided the communication is concurrently given by one of the above methods and the sending party provides proof of transmission if requested by receiving party. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible because of the recipient's failure to provide a reasonable means for accomplishing delivery. 11. ATTORNEYS' FEES. If either Party brings or commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing Party in such action shall have the right to recover reasonable attorneys' fees and costs from the other Party, to be fixed by the court in such action. The term "legal proceedings" as used above shall include appeals from a lower court judgment as well as proceedings in the Federal Bankruptcy Court, whether or not they are adversary proceedings or contested matters. The term "Prevailing Party" as used in the context of proceedings in any court other than the Federal Bankruptcy Court shall mean the Party that prevails in obtaining a final, non-appealable remedy or relief which most nearly reflects the remedy or relief which such Party sought. 12. TAX-FREE EXCHANGE. Seller or Buyer may each elect to have the sale of the Subject Property be effected as a part of a tax-free exchange under Section 1031 of the Code; provided, the exchange does not result in a delay or postponement of the Closing. If the Subject Property is to be a part of a tax-free exchange, the party requesting the tax-free exchange ("Requesting Party"), shall notify the other party ("Non-requesting Party"), of such fact at least fifteen (15) days prior to Closing. In the event any such exchange should fail to occur for whatever reason, the sale of the Subject Property shall nonetheless be consummated. In connection therewith, the Non-Requesting Party agrees to execute such documents as are reasonably necessary or appropriate and to otherwise cooperate with the Requesting Party to effectuate such exchange;. provided, the Non-Requesting Party and its representatives shall have a reasonable opportunity to review such documents prior to Closing. The Requesting Party hereby indemnifies and holds the Non-Requesting Party free and harmless from any liability (including, but not limited to, the tax ramification to the Requesting Party of such tax-free exchange) arising by reason of performing the acts required hereby to effectuate such exchange, except insofar as any such liability is attributable to the failure of the Non-Requesting Party to perform as required hereunder. The Non- Requesting Party shall not take title to or otherwise assume any liability with respect to the property to be exchanged with the Subject Property. 13. SURVIVAL. All Restrictive Covenant Provisions and Indemnity Agreements contained in this Agreement shall survive any expiration or termination of this Agreement and shall not merge into the Deed. 14. MISCELLANEOUS. 14.1 Binding Terms. The terms, covenants and conditions herein contained shall be binding upon and inure to the benefit of the heirs, successors, transferees and assigns of the Parties. 14.2 No Assignment. Buyer shall not assign this Agreement or any rights hereunder to anyone except with the prior written consent of the Seller, such consent not to be unreasonably withheld. Notwithstanding, Buyer may assign this Agreement to an entity completely owned or controlled by buyer, or buyer and buyer's spouse, and such entity may take title to the property subject to the terms and conditions of this Agreement. Buyer may also assign her rights hereunder to any third party for the purpose of effectuating atax-free exchange; provided, in no event shall any assignment relieve the Buyer from any obligation or liability hereunder. 14.3 Entire Agreement. This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof, incorporates all prior agreements, and may only be modified by a subsequent writing duly executed by the Parties. 14.4 Time of the Essence. Time is expressly made of the essence of each and every provision of this Agreement. 14.5 Interpretation. This Agreement shall be interpreted and construed only by the contents hereof, and there shall be no presumption or standard of construction in favor of or against either Party. 14.6 Governing Law. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Illinois. 14.7 Captions. The captions in this Agreement are for convenience only and do not constitute a part of the provisions hereof. 14.8 Applicability. If any term or provision of this Agreement, or the application of it to any person, entity or circumstance shall to any extent be invalid and unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. 14.9 Authority. The individuals executing this Agreement represent and warrant they have the power and authority to do so, and to bind the entities for which they are executing. 14.10 Numbering of Days. If the last day of any time period stated herein shall fall on a Saturday, Sunday, or federal legal holiday, then such time period shall be extended to the next succeeding day which is not a Saturday, Sunday, or a federal legal holiday. 14.11 Seller's Default. If Seller defaults in the performance of its obligations under this Agreement, then Buyer shall be entitled to terminate this Agreement, and get back the Earnest Money (and any interest earned thereon). In no event shall Seller be liable to Buyer for consequential damages and/or lost profits. 14.12 Commissions. Each Party represents it has not entered into any contracts with any brokers or finders nor has either Party obligated itself to pay any real estate commissions or finders' fees on account of the execution of this Agreement or the close of the transaction contemplated hereby. Based on such representations, each Party hereby indemnifies, defends and holds the other Party harmless from any claims, damages, expenses, liabilities, liens or judgments (including costs, expenses and attorneys' fees in defending the same) which arise on account of any claim made for commissions or finders' fees with respect to the transaction contemplated hereby due to the breach of any of the representations and warranties made by such Party. This Agreement has been executed as of the date first written above. THIS AGREEMENT SHALL NOT BE EFFECTIVE OR BINDING UNTIL IT HAS BEEN FORMALLY APPROVED BY THE CORPORATE AUTHORITIES OF THE VILLAGE OF MORTON GROVE "Buyer" "Seller" By: Name: Title: Village of Morton Grove, Illinois By: Name: Title: 10 Attest: ey: Name: Title: Attest: ay: Name: Title: Q:\Dempster Street\582131 Dempster parking lot\PUrchase and Sale Agreement for 5821 Dempster(Khan).doc Q-B-OS (5) LeEislative Summary Ordinance 08-26 ELIMINATING TITLE 2, CHAPTER 6 OF THE. VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED EMERGENCY SERVICES AND DISASTER AGENCY AND ADOPTING TITLE 3, CHAPTER 2, ARTICLE C TO BE ENTITLED EMERGENCY MANAGEMENT AGENCY Introduced: July 14, 2008 Synopsis: This ordinance will amend the Village Code to add a new chapter entitled Emergency Management Agency. Purpose: To update the Village's regulations and codes to be in conformance with Illinois State Statute and the anticipated operatiaial needs of the Village. Background: The Village of Morton Grove has benefited greatly from the volmnteer services of the members of the Village of Morton Grove Emergency Services and Disaster Agency. The Agency's functions have been codified in Title 2, Chapter 6 of the Municipal Code. Recent changes to a variety of federal and state requirements and guidelines prompted a review of the ESDA program The Village President formulated an ad hoc committee consisting of the Fire Chief, Police Chief, the Coordinator of the Morton Grove Emergency Services and Disaster Agency, and a Village Trustee to review current Village ordinances and state statutes as they relate to the operation of the Village's volunteer Emergency Services and Disaster Agency. The committee recommended structural and operational changes with respect to the Agency. As a result, Village staffhas prepaxed code revisions which will change the name of ESDA to the Village of Morton Grove Emergency Management Agency. This ordinance will also place the Agency under the supervision and chain of command of the Fire Department. This ordinance, upon its adoption, will bring Village codes up-to-date in light of recent changes to state statute and the Village s current operational needs with respect to management of emergency services. Programs, Departments Fire Depa~Kment or Groups Affected Fiscal Impact: There is no impact upon the budget. Source of Funds: Not applicable Workload Impact: The Fire Department, as part of their normal work activities, manages and works with the Coordinator of this agency for Their various programs and activities. Admin. Recommendation: Approval as presented. First Reading: July 14, 2008 Special Considerations or None Requirements: Respectfully submitted: oseph F. Wade, Village Administrator r Reviewed by ~ ~~~'~~;~`~~ ~-.~„~,.«-~" Prepared by: Tom Frie~i~i°re Chief Teresa Floffman Liston, Corporation Counsel ORDINANCE 08-26 ELIMINATING TITLE 2, CHAPTER 6 OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED EMERGENCY SERVICES AND DISASTER AGENCY AND ADOPTING TITLE 3, CHAPTER 2, ARTICLE C TO BE ENTITLED EMERGENCY MANAGEMENT AGENCY 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 19'10 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continually in the process of reviewing, and as necessary, updating its Municipal ordinances; and WHEREAS; the Municipal Code of the Village of Morton Grove currently provides for an Emergency Service and Disaster Agency pursuant to Title 2, Chapter 6; and WHEREAS, the Village of Morton Grove Emergency Services and Disaster Agency has for several decades provided invaluable services to the Village's public safety personnel and other governmental deparhnents assisting in the Village's response to natural or manmade disasters or other emergencies; and WHEREAS, in 2007, the Village President appointed an ad hoc committee consisting of the Fire Chief, Police Chief, the Coordinator of the Emergency Services and Disaster Agency, and a Village Trustee to recommend changes to the agency in accordance with recent changes to state statutes, and to conform with current Village needs and operations; and WHEREAS, based on recommendations received from this ad hoc committee, Village staff has prepared revisions to the Municipal Code. WHEREAS, the Corporate Authorities have determined, in order to protect the public safety and property of Village residents, it is reasonable, appropriate, and necessary to revise the Municipal Code to eliminate Title 2, Chapter 6 entitled Emergency Services and Disaster Agency and to add a new Title 3, Chapter 2C entitled Emergency Management Agency of the Village Municipal Code. NOW, THEREFORE BF, IT ORDAINED BY THE PRF,SIDENT AND BOARD OF TRUSTEES OP THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 2, Chapter 6 of the Municipal Code of the Village of Morton Grove entitled Emergency Services and Disaster Agency is hereby deleted in its entirety SECTION 3: Title 3, Chapter 2C of the Municipal Code of the Village of Morton Grove to be entitled Emergency Management Ageney is hereby adopted in its entirety to read as follows: CHAPTF,R 2 FIRE DEPARTMENT ARTICLE C: EMERGENCY MANAGEMENT AGENCY SECTION: 3-2C-1: Agency Established, Membership, Term of Office 3-2C-2: Intent and Purpose 3-2C-3: Coordinator 3-2C-4: Oath Required 3-2C-5: Functions 3-2C-6: Service as Mobile Support Team 3-2C-7: Compensation 3-2C-8: Reimbursement by State 3-2C-9: Office acid Emergency Operation Center 3-2C-10: Agreements with Other Political Subdivisions 3-2C-11: Emergency Action 3-2C-12: Purchases and F,xpenditures 3-2C-13: Continuity of Government 3-2C-1: AGENCY ESTABLISHED, MEMBERSHIP, TERM OF OFFICE: Under the direction of the Fire Chief, the Village shall establish and maintain an organization to be known as the Village of Morton Urove Emergency Management Agency ("MGEMA"). The agency shall consist of not more than sixteen (16) volunteer members selected by the MGEMA Coordinator with the approval of the Fire Chief, except that membership maybe temporarily increased as deemed necessary by the Fire Chief in times of crisis or an actual disaster. Unless a member is appointed to finish a term for a member who has been removed, has resigned, or is otherwise unable to finish lvs/her term, members shall be appointed for a term of three (3) years. Members must be at least eighteen (18) years old. All members shall undergo a Police background check and complete a ninety (90) day probationary period before their being designated as "full members". 3-2C-2: INTENT AND PURPOSE: The intent and purpose of the MGEMA is to support the Village's efforts to prevent, minimize, repair, and alleviate injury or damage resulting from disaster caused by enemy attack, sabotage, or other hostile action, or from natural or manmade disaster, in accordance with the Illinois Emergency Management Agency Act and Illinois Emergency Management Agency Administrative Code. 3-2G3: COORDINATOR: The Coordinator of the MGEMA shall be appointed annually by the Village President with the approval of the Village Trustees. The Coordinator shall, under the direction and control of the Fire Chief, be responsible for the day-to-day organization, administration, training, aJid operation of the MGEMA, shall act as an advisor to the Corporate Authorities, Village Administrator, and other key staff regarding the mitigation, preparedness, response, and disaster recovery efforts of the Village, shall serve as a member of the Village's Crisis Management Team and shall have such other powers and responsibilities as delegated by the Fire Chief, the Village President and/or the Village Administrator from time-to-time. 3-2C-4: OATH REQUIRED: Every member of the MGEMA shall, before entering upon his/her duties, subscribe to the following oath, which shall be filed with the Coordinator: I, (name) , do solemnly swear (or cffrm) that I will support and defend and bear true faith and allegiance to the Constitution of the United States, and the Constitution of the State oflllinois, and the ter°ritory, institutions, and facilities thereof, both public and private, against all enemies, foreign and domestic; that 1 take this obligation freely, without any mental reservation or purpose of evasion; and I will well and faithfully disclurrge the duties upon which I am about to enter. 1 do further swear (or aff rm) I do not advocate, nor am I nor have Z ever been a member of any political party or or°ganization which advocates the overthrow of the government of the United States or of this State by force or violence; and during such time as Lana aff listed with the Morton Grove Emergency Management,4gency, Iwill not advocate nor become a member of any political parry or organization that advocates the overthrow of the government of the United States or of this State by force or violence. 3-2C-5: FUNCTIOilTS: Under the supervision of the Fire Chief, the MGEMA is authorized to: A. Perform state and federal mandated emergency management activities within the Village; B. Perform activities prescribed in and by the Morton Grove Emergency Operation Plan; C. Carry out plans, programs and training exercises prepared by the Coordinator; D. Perform such duties outside the corporate limits of the Village as may be required pursuant to any mutual aid agreement with any other political subdivision, municipality, or quasi-municipality approved by the Corporate Authorities, and as entered into as provided for in the Illinois Emergency Management Agency Act and Illinois Emergency Management Agency Administrative Code. 3-2C-6: SERVICE AS MOBILE SUPPORT TEAtVI: The Coordinator, with the approval of the Fire Chief, may designate all or any members of the MGEMA as members of a State Mobile Support Team created by the Director of the Illinois Emergency Management Agency as provided by Illinois Emergency Management Agency Act and Illinois Emergency Management Agency Administrative Code. A. The Leader of the Village's Mobile Support Team may be designated by the Coordinator with the approval of the Fire Chief. B. Any member of a Mobile Support Team who is a paid village employee or officer while serving on call to duty by the Governor, or the State Director shall receive compensation and shall have the powers, duties, rights and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the Village, while so serving, shall receive from the state reasonable compensation as provided by Illinois Emergency Management Agency Act and Illinois Emergency Management Agency Administrative Code. 3-2C-7: COMPENSATION: Members of the MGEMA shall be considered volunteers and shall not receive compensation except as expressly provided otherwise in this chapter. Members who are also paid employees or officers of the Village, if called for training by the State Director of the Emergency Management Agency shall receive compensation for the time spent in such training the same rate of pay as is attached to the position held; members who are not such village employees or officers may only receive compensation for such training time as may be approved by the Corporate Authorities. (Ord. 85-1, I-25-1985) 3-2C-8: REIMBURSEMENT BY STATE: The Village's Finance Department may receive, and allocate to the appropriate fund, any reimbursement by the State to the Village for expenses for the training of members of the MGEMA, for members of the Village's Mobile Support Team while serving outside the Village in response to a call by the governor or director of the Illinois Emergency Ma~~agement Agency as provided by law, and for any other reimbursement received incident to the agency's activities as provided by Illinois Emergency Management Agency Act, the Illinois Emergency Management Agency Administrative Code and other applicable laws. 3-2C-9: OFFICE AND EMERGENCY OPERATION CENTER: The Village Adminish~ator is authorized to designate spade in the Village of Morton Grove for the use by the MGEMA as its office and/or as an Emergency Operation Center. 3-2C-] 0: AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS: The Fire Cluef or his/her designee may negotiate mutual aid agreements with other governmental units, but no such agreement shall be effective until it has been approved by the Corporate Authorities in accordance with the Code. 3-2C-11: EMERGENCY ACTION: If a disaster/emergency exists in the Village of Morton Grove resulting from enemy sabotage or other hostile action, from manmade or natural disaster or otherwise, the Village Administrator and/or his/her designees will coordinate the VIllage's response effort in accordance of the Morton Grove Emergency Operation Plan. 3-2C-1.2: PURCHASES AND EXPENDITURES: In the event ofdisaster/emergency, the Village Administrator and/or his/her designee is authorized, on behalf of the Village, to procure such services, supplies, equipment or material as may be necessary for such purposes, in view of the exigency without regard to the statutory procedures or formalities normally prescribed by Village Ordinance pertaining to Village contracts or obligations, provided such actions shall be reported to and reviewed by the Village Board at its next meeting. 3-2C-13: CONTINUITY OF GOVERNMENT: In the event of the absence, death or other inability of the Village President to serve during adisaster/emergency as contemplated by this chapter, the Village Board shall, at the earliest practicable time, meet and select a President Pro Tem who, among other duties, shall have all the powers stated in this chapter. In the absence of such meeting of the Village Board, the order of succession for the purpose of the duties stated in this chapter, and for the duration of the emergency only, shall be the Village Trustees in alphabetical order, the Village Administrator, the Police Chief, and the Fire Chie£ (Ord. 85-1, 1-25-1985 SECTION 4: The terms and conditions of this ordinance shall be severable and if any section, teen, provision, or condition is found to be invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions shah remain in full force and effect. SECTION 5: This ordinance is an exercise of the home rule authority of the Village of Morton Grove and is intended to and, to the fullest extent allowed by the Constitution of the State of Illinois, shall be construed as to supersede any contrary or conflicting state, comity, or local regulations SECTION 6: In the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part there, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the-extent of such conflict. SECTION 7: This ordinance shall be in full force and effect from and after its adoption, approval, and publication as provided by law. PASSED 'FH1S 14`h day of July 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED BY ME THIS 14th day of Iuly 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 14~' day of July 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois LeEislative Summary Ordinance 08-24 ---~ AUTHORIZATION TO INSTALL PARKING RESTRICTIONS ON MORTON AVENUE BETWEEN LINCOLN AVENUE AND ELM STREET WITHIN THE VILLAGE OF MORTON GROVE Introduced: June 23,2008 Synopsis: To approve parking restrictions pursuant to Traffic Safety Commission recommendations. Purpose: To alleviate parking congestion. Background: At the June 5, 2008, Traffic Safety Commission meeting, a request was presented for parking restrictions on Morton Avenue between Lincoln Avenue and Elm Street. I"he intent is to alleviate commuter parking congestion on this street. After deliberation, the Traffic Safety Commission recommended Zone 11 parking restrictions be implemented. Programs, Departments Public Works Department, Police Department or Groups Affected Fiscal Impact: Costs associated with the signage materials, installation and maintenance. The cost of materials is approximately $ I50. Source of Funds: General Revenue - Account No. 02-50-17-56-3130 -Street Sign Materials Workload Impact: The implementation of the parking restrictions would be performed by the Public Works/Engineering Division as part of their normal operations, sign installation and maintenance would be performed by the Public Works/Street Division, and enforcement would be performed by the Police Department. Administrator Approval as presented. Recommendation: First Reading: June 23, 2008 Special Considerations or None Requirements: Respectfully submitted: ~~~ ~~- Joseph I+TWa~e, Village Administrator Prepared b~~ : U ~~~ Reviewed by: Ryan Gillingha 1, Villag F,ngineer t~ Corporation Counsel Ordinance 0~-24 AN ORDINANCE TO INSTALL PARKING RESTRICTIONS ON MORTON AVENUE BETWEEN LINCOLN AVENUE AND ELM STREET WITHIN THE VILLAGE OF MORTON GROVE 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 19'70 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village established the Traff c Safety Commission to receive, review, and present recommendations to the Village President and Board of Trustees regarding requests or hlquiries on matters involving traffic safety, including requests for installation of traffic control devices; and WHEREAS, the Traffic Safety Commission received a request for parking restrictions on Morton Avenue between Lincoln Avenue and Elm Street to alleviate parking congestion from commuters; and WHEREAS, notifications of the meeting were sent to residents in the area; and WHEREAS, the Traffic Safety Commission, at its regularly scheduled meethlg at 7:30 p.m. on June 5, 2008, at the Richard T. Flickinger Municipal Center, considered the above referenced request; and WHEREAS, the Traffic Safety Commission recommends the Village require parking restrictions on Morton Avenue between Lincoln Avenue and Elm Street, specifically "No Parking, 6:00 a.m. to 9:00 a.m., Monday through Friday, except for vehicles displaying a 'Lone 11 permit or guest pass"; and WHEREAS, the Traffic Safety Commission recommends the Municipal Code be amended to include the aforementioned parking restrictions in order to accommodate the needs of the Village residents; and WHEREAS, the Village Board of Trustees believe the best interest of the Village of Morton Grove will be served by concurring with the preceding recommendations of the Traffic Safety Conm~ission. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION is Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The following provisions be added to the existing Municipal Code, Section 5-13F-4: RESTRICTED PARKING STREETS, Subsection A.I 1: SPECIAL PERMIT PARKING, Zone ll: Side of Street Between Street Date and'I'ime Morton From the centerline of Lincoln Avenue to Both 6:00 a.m. - 9:00 a.m. Avenue the centerline of Elm Street Monday -Friday SEC"LION 3: The Director of Public Works is hereby authorized and directed to remove any conflicting signs and erect such signs as detailed in this Ordinance. SECTION 4: This Ordinance shall be communicated to residents adjacent to the parking restrictions via a letter, which shall be received as evidence of the passage and legal publication of this Ordinance. SECTION 5: This ordinance shall be in full force and effect upon its approval and publication. PASSED this 14f~ day of July 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thi11 APPROVED by me this 14t~' day of July 2008. Richard Krier, Village President Village of Morton Grove Cook County, lllinois A'T"T'EST'ED and FILED in my office this 15`x' day of July 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 08-42 __ AUTHORIZING THE EXECUTION OF A CONTRACT WITH SUPERIOR ROAD STRIPING AS A PARTICIPANT OF THE NORTHWEST MUNICIPAL CONFERENCE 2008 THERMOPLASTIC LANE MARKING PROGRAM Introduced: July 14, 2008 Synopsis: 1'o authorize the Village President to execute a contract with Superior Road Striping, Inc. as a participant of the Northwest Municipal Conference 2008 Thermoplastic Lane Marking Program. Purpose: The 2008 Thermoplastic Lane Marking Program is necessary to maintain the roadway pavement markings throughout the Village for public safety. Background: Each year, the Viiiage contracts with a pavement marking contractor through the Northwest Municipal Conference in a joint purchasing program to take advantage of economies of scale. Programs, Departments Public Works, Economic Development, TIF or Groups Affected Fiscal Impact: The estimated project cost is $19,750. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Source of Funds: General Revenue: 02-50-17-55-2290; TIF: 15-10-99-57-1027. Workload Impact: The Engineering Division, as part of their normal work activities, performs the management and implementation of the program. Administrator Approval as presented. Recommendation: First Reading: July 14, 2008 Special Considerations or None Requirements: I2espectfally submitted: Joseph F. Wade, Village Administrator Prepared by: Reviewed by: Ryan C. Gillingham, Village Engineer 7"eresaNoffman Liston, Corporation Counsel RESOLUTI01~108-42 AUTHORIZATION TO EXECUTE A CONTRACT WITH SUPERIOR ROAD STRIPING AS A PARTICIPANT OF THE NORTHWEST MUNICIPAL CONFERENCE 2008 THERMOPLASTIC LANE MARKING PROGRAM WHF,REAS, 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 airy 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 Public Works Department maintains roadway pavement markings throughout the Village for public safety; and WHEREAS, there are twenty-five municipalities from the Northwest Municipal Conference participating together this year in a joint purchasing program for the Thermoplastic Lane Marking Program in order to reduce costs; and WHEREAS, the Northwest Municipal Conference bids this program under an Illinois Department of Transportation contract; and WHEREAS, participants in the Northwest Municipal Conference Thermoplastic Lane Marking Program agree to only use the awarded vendor for thermoplastic lane marking; and. WHEREAS, the Northwest Municipal Conference awarded the 2008 Lane 'Marking Contract to Superior Road Striping, Inc. of Melrose Park, Illinois; and WHEREAS, the estimated Village of Morton Grove cost for this contract is $19,750, and funding for the above work is included in the Village of Morton Grove 2008 Budget in General Revenue Account 025017-552290 and TIF Account151099-571027; and WHEREAS, the streets included in the 2008 program include sections of Lehigh Avenue, Beckwith Road, and other miscellaneous intersections and locations throughout the Village; and WHEREAS, Superior Road Striping, Inc. has previously performed work for the Village of Morton Grove in a satisfactory manner. NOW, THEREFORE, BE IT RESOLVED RY 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 fmdings as hereinabove set forth. SECTION 2: The Village Administrator, Director of Public Works, and Village Engineer are hereby authorized to coordinate and authorize payment to Superior Road Striping, 1967 Con1elLCourt, Melrose Park, Illinois, 60160, based upon their bid for Thermoplastic Lane Marking with the Northwest Municipal Conference. SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 14`~ DAY OF JULY 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVF_D BY ME THIS 14`h DAY OF JULY 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 15"' day of JULY 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois