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Home My WebLink About5. NEW BUSINESS 01/19/2010 MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER 'l>!at t/lq 10 FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 11,2009 SUBJECT: EXTENSION FOR CASE #PZ-38-07 -CONDITIONAL USE & VARIATIONS 309-313 W. PROSPECT AVE. - PAUL SWANSON ASSOe. INe. (APPLICANT) The Petitioner has requested an extension ofthe zoning approvals granted by the Village in 2008. A Conditional Use to construct a three-unit rowhome development and Variations to the required setbacks and height were approved for the Subject Property on May 20, 2008. However, the Petitioner failed to obtain a building permit and construct the development prior to the expiration of the Conditional Use and Variation requests. Therefore, the Petitioner is seeking approval to renew the requests for an additional year. Attached is a letter from the Petitioner requesting the extension of the Conditional Use and Variation approvals. As the letter indicates, the Petitioner did not obtain a building permit within the time frame of the zoning approvals due to the poor residential market. The Petitioner intends to start construction in the spring 2010. Please forward this memorandum and attached letter to the Village Board for their review and consideration at their January 19, 2010 meeting. The Village Board would need to approve a motion to extend the Conditional Use and Variations granted pursuant to Ordinance #5692. Staff will be present at this meeting to answer any questions related to this matter. :1~:~;Ln~:;:'~ lit H:\PLAN\Planning & Zoning COMM\P&Z 2009\MEJ MEMOS\PZ-38-07 309-13 W Prospect Ave (RENEWAL ofeD & VARs).doc PAUL SWANSON ASSOCIATES Real Estate Development and Investments 401 E. PROSPECT AVENUE PHONE: 847-670-6710 MT. PROSPECT. ILLINOIS 60056 FAX: 847-670-6713 December 1, 2009 Village Board VILLAGE OF MT. PROSPECT 100 E. Emerson Street Mt. Prospect, IL 60056 RE: 309-313 Jv. Prospect Avenue, Mt Prospect, IL Dear Board Members: Please consider this letter as my formal request to extend the conditional use and variations that were approved in 2008 for the development of the proposed three unit townhome project on the subject property. The above approvals expired as I did not take out a building permit due to the poor residential market. The market has slowly improved along with the underlying general economic conditions to the point that I intend to start construction in the spring of2010. Sincerely, ~w:;:~ Paul Swanson, Manager PSlks - .' ./ ~ ....~. _1\ -y -- , \ Zl~ <C~ ~ ~ I \ \ \ ,\ ,~I, \-li _l ~ ~~ -6~-' ,,j., ~,(j~ - V)~,:VJ'Y~' ill' ) 4. b ~ <4'\ C ~ 3 ~ ,7/:.., it, oj ,- l ,~!l = . an~ d-l 2: t-I~' , Vfi'Si~ r III I MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 11,2009 SUBJECT: PZ-01-09 / 309-313 W. PROSPECT AVENUE / PLAT OF V ACA PLAT OF RESUBDIVISION / PAUL SWANSON - PETlTlONE The petitioner is seeking approval of a Plat of Vacation and Plat of Resubvision for the property located 309. 3 W. Prospect Avenue. The plats are a requirement of the zoning approvals received in 2008 for t ubject property that consisted of a Conditional Use and Variations to construct a three unit row home dev ment. The Petitioner is currently seeking to renew the zoning approvals from 2008 and is seeking approv . of the required plats. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, December 10, 2009 and by a vote of 5-0, recommended approval of a Plat of Vacation and Plat of Resubdivision for the property at 309-313 W. Prospect Avenue. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their January 19,2010 meeting. Staff will be present to answer any questions related to this matter. \ 1 '~" : I V H:\PLAN\Planning & Zoning COM1v1\P&Z 2009\MEJ MEMOS\PZ-OI-09 309-3 (3 W. Prospect Ave. (Plat ofVacatioo & Resubdivision).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-OI-09 Hearing Date: December 10, 2009 PROPERTY ADDRESS: 309-313 W. Prospect Avenue PETITIONER: Paul Swanson PUBLICATION DATE: Not required; sign posted on-site November 25, 2009 PIN NUMBERS: 08-11-205-010-0000 / 08-11-205-011-0000 / 08-11-205-012-0000 REQUESTS: 1. Plat of Vacation 2. Plat of Resubdivision MEMBERS PRESENT: Richard Rogers, Chair William Beattie Leo Floros Theo Foggy Keith Youngquist MEMBERS ABSENT: Joseph Donnelly Ronald Roberts STAFF MEMBERS PRESENT: Consuelo Andrade, Development Review Planner Brian Simmons, AICP, Deputy Director of Community Development INTERESTED PARTY: Paul Swanson Chairman Richard Rogers called the meeting to order at 7:36 p.m. Mr. Beattie made a motion to approve the minutes of the October 22, 2009 meeting; Mr. Floros seconded the motion. The minutes were approved 4-0; with Mr. Youngquist abstaining. Mr. Floros made a motion to continue case number PZ-26-09 to the January 28, 2010 Planning and Zoning Commission Meeting. Mr. Youngquist seconded the motion. The motion was approved 5-0. Chairman Rogers introduced Case PZ-OI-09, 309-313 W. Prospect Avenue, a request for a Plat of Vacation and a Plat of Resubdivision, at 7:37 p.m. Ms. Andrade, Development Review Planner, said the Petitioner for case PZ-O 1-09 was requesting approval of a Plat of Vacation and Plat of Resubdivision for the property known as 309-313 W. Prospect Avenue. Ms. Andrade stated in 2008 the subject property received zoning approval to construct a three unit townhome development. As part of the zoning approval, the Petitioner was required to square off the public right-of-way at the corner of the intersection and to resubdivide the property. Ms. Andrade said the Plat of Vacation would vacate 533 square feet of the Village owned right-of-way located at the northwest corner of the intersection of Busse and Elmhurst Avenue. The vacated area would be dedicated to the adjacent property that belongs to the Petitioner. Ms. Andrade stated the Plat of Resubdivision would create four lots of record to allow for the construction of the proposed townhomes. Lot number 4 would be a common area, in which the owners of lots #1 to 3 would have access to and be held responsible to maintain. The construction of structures on Lot #4 would not be permitted. The plat would also dedicate a drainage easement at the southeast corner of the site. Richard Rogers, Chair Planning & Zoning Commission Meeting December 10, 2009 PZ-O 1-09 Page 1 of2 Ms. Andrade said Staff reviewed the plats and found that the plats were prepared in accordance with all Village Codes and requirements noted in Section 15.304 of the Village Code. Based on this, Staff recommended that the Planning and Zoning Commission approve case number PZ-OI-09. The Village Board's decision is final for this case. Chairman Rogers confirmed that the townhomes on the site were previously approved by the Planning and Zoning Commission. Ms. Andrade stated that this was correct. In 2008, the subject property received zoning approval for a Conditional Use and Variation to construct a three unit townhome development. Ms. Andrade said the Petitioner was requesting an extension of the zoning approvals and is scheduled to appear before the Village Board. Chairman Rogers swore in the Petitioner, Paul Swanson, 401 E. Prospect Ave., Mount Prospect, Illinois. Mr. Swanson stated he was coming back before the Planning and Zoning Commission because of the general market conditions. Since the market is improving, he hoped to start the project in the spring time. Mr. Youngquist made a motion to approve: 1. A Plat of Vacation, titled Plat of Vacation of Part of Public Right of Way Known as West Busse Avenue and South Elmhurst Avenue; and 2. A Plat of Resubdivision, titled Final Plat of Gunnar & Mariella's Resubdivision, benefiting the property at 309-313 W. Prospect Avenue, Case No. PZ-OI-09." Mr. Foggy seconded the motion. UPON ROLL CALL: AYES: Beattie, Floros, Foggy, Youngquist, Rogers NAYS: None Motion was approved 5-0. The Village Board's decision is final for this case. After hearing one additional case, Mr. Floros made a motion, seconded by Mr. Foggy, to adjourn at 8:40 p.m. The motion was approved by a voice vote and the meeting was adjourned. /4# Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting December 10, 2009 PZ-O 1-09 Page 2 of2 CASE SUMMARY - PZ-OI-09 Village of Mount Prospect Community Development Department LOCATION: 309-313 W. Prospect Avenue PETITIONER: Paul Swanson OWNER: 309 West Prospect, LLC ZONING: 08-11-205-010-0000/08-11-205-011-0000 / 08-11-205-012~~lL~ <<;@[l2)"ff 0.23 acres VILLAGE OF MI PROSPECT B5 Central Commercial PARCEL#: LOT SIZE: LAND USE: Vacant lot REQUEST: 1) Plat of Vacation 2) Plat of Resubdivison LOCATION MAP ---'-- '-- '''-'''- 2~9 ',,- "'~" 230 200 16 ill 1- o '" )> .~ 20. 2:; 22 w.aUSSEAV 100 101 100 1 . 103 102 1M Copyril~ljc)YiI1age of MI Prospect, IL o 95ft 101 105 10.1 106 107 MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER DATE: NOVEMBER 24,2009 HEARING DATE: DECEMBER 10, 2009 SUBJECT: PZ-01-09 / 309-313 W. PROSPECT AVE. /1) PLAT OF VACATION 2) PLAT OF RESUBDIVISION BACKGROUND A public hearing has been scheduled for the December 10, 2009 Planning & Zoning Commission meeting to review the application by Paul Swanson for 309 West Prospect LLC (the "Petitioner") regarding the property located at 309-313 W. Prospect Avenue (the "Subject Property"). The Petitioner is seeking to vacate the triangular piece of public right-of-way at the northwest comer ofW. Busse Avenue and S. Elmhurst Avenue and to resubdivide the property to create four (4) lots of record. The plat requests were properly noticed by posting a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the intersection of Prospect Ave. and Elmhurst Avenue, north of Busse Avenue. The Subject Property consists of three lots of record and has an irregular triangular shape. It is zoned B5 Central Commercial and is bordered by the RA Single Family District to the south, B5 Central Commercial to the west and east, and the Union Pacific Northwest rail road tracks to the north, across Prospect Avenue. SUMMARY OF PROPOSAL The Subject Property is currently seeking to renew the zoning approval received in 2008 to construct a three unit rowhome development and related relief from zoning regulations for the development. As part of the zoning approval, the Petitioner is required to square off the public right-of-way at the comer of the intersection and to resubdivide the Subject Property to create lots of record. PLAT OF VACATION The Plat of Vacation will vacate 533 square feet of the Village owned right-of-way at the northwest comer of Busse Avenue and Elmhurst Avenue. The vacated area would be dedicated to the adjacent property which belongs to the Petitioner. PZ-O 1-09 Planning and Zoning Commission Meeting December 10,2009 Page 3 PLAT OF RESUBDIVISION The Plat of Resubdivision will create four (4) lots of record (including the newly vacated right-of-way) to allow for the construction of the proposed townhomes. Lot number four (4) will be a common area, in which the owner of lots one to three will have access to and be held responsible to maintain. The construction of structures on lot number four (4) will not be permitted. The plat will also dedicate a drainage easement at the southeast comer of the site. Staff reviewed the plats and found that the plats were prepared in accordance with the Village's Development Code requirements. The consolidation of the site will not create any zoning nonconformities. RECOMMENDATION The proposed plats have been prepared according to all Village Codes and requirements noted in Sec. 15.304. Based on this, Staff recommends that the P&Z approve the following motions: "To approve: 1. A Plat of Vacation, titled Plat of Vacation of Part of Public Right of Way Known as W. Busse Avenue and S. Elmhurst Avenue, as prepared by John M. Henriksen; and 2. A Plat of Resubdivision, titled Final Plat of Gunnar & Mariella's Resubdivision, benefiting the property at 309-13 W. Prospect Avenue, Case No. PZ-01-09." The Village Board's decision is final for this case. I concur:, N J(,' ) ,itN.y b:: William J. Cooney! AICP, DirectJr of Community Development lit H:\PLAN\PlalUling & Zoning COMM\P&Z 2009\StaffRcport\PZ-OI-09 309-313 W. Prospect Ave. (Pial ofVacatioll & Plat orColIsolidation).doc VILLAGE OF MOUNT P'ROSPECT COMMUNITY DEVELOPMENT DEPARTMENT -. Planning Division 50 S. Emerson Street ' Mount Prospect, Illinois 60056 Phone 847-818-5328 FAX 847-818-5329 Plat of Resubdivision Application Mount Prospect ~ Z o f= ~.- ;Eb =~ ~ ~ ZE ""0 x...... ~ Q ~ Case Number PZ - .~ n I () {] t>- l/ ~.--~. i Subdivision Name/Address Y}- 3'2> " Prb" ec.J.Are () V\ e; Date of Submission I~-~q-O 8 Hearing Date (. PLJ. o( V{\Cnt Jo'\+ f'\'cl'~d C:(j,'\~0 hJ.c~-l,0 - Petitioner - Name Telc:phone (day) Paul Swanson 847/670-6710 Corporation Telc:phone (evening) Z 309 West Prospect LLC 0 Street Address Fax .... i- 401 E. Prosnect Avenue. 4t201 847/670-6713 ..( ~ City State Zip Code Email ~ Mt. Prosoect IL 60056 psa401@sbcglobal.net Z lnterestin Property: circle one - .... (Q~) Q . Buyer Z - ;:J Property Owner - Name Telephone (day) 0 = same as above ~ Corporation Telephone (evening) ~ U ..( = Street Address Fax: City State Zip Code Email - ~ t.:t .:f Surveyor/Engineer (e \ 101: . '.5 ,'~):> Name John Henriksen, Surveyor Teh:phone (day) 847/795-0301 Address 576 E. Northwest Highway Fax 847/795-0302 jO~t'\hfn "\.~5'en {~I ,s:<; Ji,...;> \ 0 ,I, Des Plaines, IL 60016 Email ..".~, . RE Ij"'''' r" ~ .:1 ,--'"'to o -."","'t. , DEe 21 2008 \/mage of Mt. Prospect Cr:'('"':'. ''''''<''\'' :'''i<:.\!{:~k''j~lr;\Cnt - SUBDIVISION NAME Gunnar & Mariella's Consolidation REAL ESTATE INDEX NO.: 0 8 1 1 2 0 5 0 1 0 0000 -- -- -- -- -- --- --- ---- 0 8 1 1 2 0 5 0 1 1/ 0000 REAL ESTATE INDEX NO.: 0 8 -- 1: 1 -- 2 0 5 -- 0 1 -L 0000 -- ---- --- -- - LOCATION OR ADDRESS: 309-311-313 w. Prospect Avenue LAND USE: EXISTING Vacant - PROPOSED: ZONING: EXISTING B5 - PROPOSED: (10,002.36 SF) TOT AL ACREAGE: .23 AC GROSS_ TOTAL # OF LOTS: 1 Number of dwelling units: Single Family: Multifamily 3 TWNHS - If requesting an exception to Development Code requin~ments, list rt~quest and explain why it is necessary: . ~ Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. lncomplell~ submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff to review the process and so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the infonnation contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents pennission to enter on the property during reasonable hours for visual inspection ofthe subject property. I hereby affinn tha~1 info ation provided herein and in all materials submitted in association with this application are true and" accurate to the bes~"of y k owledge. I Applicant I Datl~ \ 0 1& ( of) If applicant is not property owner: I hereby designate the associated s 'ng to act as my agent for the purpose of seeking the Variation(s) described in this application and the Date \0 UJJO.0 t,';! Ii:::' c. t ': cc. i." .". D 1;-: 1"\ " Mount Prospect Department of Community Development 50 South Emerson Street. Mount Prospect Illinois Phone 847.818.5328 Fax 847.818.5329 ? l;;:" Tt"\t"\ OA~/.,n"'" ~^,'- A RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF VACATION OF A PORTION OF CERTAIN PUBLIC RIGHT-OF-WAY AT 309-313 WEST PROSPECT AVENUE, MOUNT PROSPECT, ILLINOIS WHEREAS, the corporate authorities of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect would be best served by vacating a certain portion of the public right-of-way (533 square feet of the Village owned right-of-way at the northwest corner of the intersection of Busse and Elmhurst Avenue) as legally described in Exhibit "A"; and WHEREAS, the corporate authorities of the Village of Mount Prospect have determined that the Village of Mount Prospect has no need for that portion of the public right-of-way and that vacation of the public righ-of-way for the construction of a three (3) unit town home development serves in the best interest of the Village of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That vacation is hereby granted for the public right-of-way (533 square feet) at 309-313 West Prospect Avenue and the Plat of Vacation as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part of, this Resolution. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of January, 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\Plat of vacation309-313westprospectswansonjan201 O.doc A'~ ~uawdo!'3A<~(j 1\+/UnllllLIO:) pedsold 'WI! to eDOillA 600l 9 G .1~O ,.: ., li~ S ~e II;. Iii I-!,. o<~ ~~ ~~g ..e!!! ~~~u! !Zo'" 5"''' =~:J< ::E.... "'0 U ~x<c ...o~ .....:l 2:<....... 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Z r.:Ll '>,.Od ~J~= ~'R.~ l!;w5!~ i:i~ &15 = ~t:Bgi rn:~~ rn ::> ~ .~ 00'" ... ~ ~ ,.: ... ~ 8 .. 0 e ,.: .... ,. ~ 5i lS ... Ii: ... Ul ~ <:> is I~ ::E l) I Ul <:> < ... ... ;;: ... 0 ... .r ... ~ ~ 01 !- "" 0 0 '" < 0 !Z Cl Ul l!l " < Ri .; ::J '" '" ;;:. ... .. ~~ Ul 0 Ul '" >- <:> 00 .... < < ZO Q ... ::;u >- I ... -:... .. ;;: ~o Q I '" 0>- > ~~ ~ .. ~o g; :;: il:.U < .. RESOLUTION NO. A RESOLUTION APPROVING A FINAL PLAT OF RESUBDIVISION FOR PROPERTY LOCATED AT 309-313 WEST PROSPECT AVENUE MOUNT PROSPECT, ILLINOIS WHEREAS, Paul Swanson ("Petitioner") has requested approval of a Final Plat of Resubdivision for the purpose of consolidating public right-of-way vacated by the Village of Mount Prospect with the adjacent properties located at 309 - 313 West Prospect Avenue ("Subject Properties"); and WHEREAS, the Planning and Zoning Commission has recommended approval of the resubdivision. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the consolidation of the vacated public right-of-way with the "Subject Properties" is hereby granted and the Final Plat of Resubdivision (dated July 16, 2009) attached to this Resolution as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part of, this Resolution. SECTION TWO: That the Village Clerk is hereby authorized and directed to record a certified copy of this Resolution with the Recorder of Deeds of Cook County. SECTION THREE: This Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of January, 2010. Irvana K. Wilks Mayor ATTEST: M. 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" :i ... ;; W i: IS ~ iii ~ !i ~ ~ < " :z: ~ u; i u; ;;;o- W -'" i: 00 ~8 .. ...... .. -0 ~ 1:;" ",I- 0 1-2: .. <:> :: ...0 "'u < J .... " .. 2: w <> Ri "" ... ... o .. >- <:) < < 0, g ~ I ;:: J Mount Prospect INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois FROM: ASSISTANT VILLAGE MANAGER ~.M~ , I ler {to TO: VILLAGE MANAGER MICHAEL E. JANONIS DATE: DECEMBER 8, 2009 SUBJECT: HOUSEKEEPING MODIFICATION - NOISE ORDINAN At the February 12, 2008 Committee of the Whole meeting the staff presented t he Village Board recommendations to the noise ordinance regarding amplified noise, oise generated through residential area deliveries, and a modification to the nighttime construction regulations. The Village Board concurred with the staff recommendations and the revised ordinance was approved on April 15, 2008. However, a resident that recently came forward to the Village Board to complain about the construction noise generated through the Randhurst redevelopment activities prompted a review of the noise ordinance to address the resident's concerns. It was found through the review that the restriction on nighttime construction between the hours of 7 p.m. and 7 a.m. was inadvertently removed from the ordinance when the other changes were made in April 2008. Attached is all the previous back-up material from the original discussion from February 2008 Committee of the Whole meeting and a revised ordinance to reinstitute the nighttime construction restrictions. I would recommend the Village Board approve the draft ordinance prohibiting nighttime construction between the hours of 7 p.m. and 7 a.m. Please contact me if you have any questions. ~~5-i::{f David Strahl H:\VILM\NOISE\Revised Nighttime Construction Ordinance VB Memo.doc t ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 21 ENTITLED "BUILDING CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: Section 21.226 entitled "Night Construction" of Chapter 21 entitled "Building Code" shall be amended by deleting Section 21.226 in its entirety and inserting the following new Section 21.226 to be and read as follows: 221.226: NIGHT CONSTRUCTION: A. All locations between 7:00 p.m. to 7:00 a.m. For purposes of this subsection "construction related activity" shall mean any use of percussion or power tools, excavation, demolition and the moving powered construction equipment and the loading or unloading of construction material or equipment. If work within the prohibited hours is necessary to protect health, safety or property, an owner may apply to the Village Manager for an emergency work permit. Emergency work permits may be issued for the minimum time necessary to complete the emergency work up to a maximum of three (3) days. The permit may be renewed for periods up to three (3) days while the emergency continues. The person actually committing the violation, the general contractor, the permittee, the property owner and the property occupier, shall be jointly and severally liable for any violations of this subsection. SECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of January, 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\amend chapter21 nightconstructionnov2009. DOC 24235 U Mount Prospect Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS ASSISTANT VILLAGE MANAGER JANUARY 5,2010 FROM: DATE: SUBJECT: NICOR MODEL FRANCHISE TASK FORCE In May 2008, the NWMC and Dupage Mayors and Managers Conferences undertook discussions among various municipal representatives to create a model natural gas franchise agreement. This effort was necessitated due to the on-going discussions among several municipalities and their natural gas franchisee and the general response from those discussions. There are several area communities that are currently in negotiations with their natural gas franchisee and in some cases the negotiations have been underway for an extended period of time. Mount Prospect village staff participated in the discussions to create a model ordinance. Even though the Mount Prospect franchise agreement does not expire until May 1, 2018, it was felt that participation in the drafting of the model would be beneficial for future negotiations. The presumption is that if a model franchise is in place at the time of Mount Prospect negotiations the Village could be limited as to the flexibility of issues that could be addressed through the negotiations. Therefore, being involved with the initial drafting of the model at this stage would allow the Village to be on the "ground floor" of the creation of the agreement for future negotiation use. The availability of a model franchise agreement at the time of negotiations for Mount Prospect will reduce the costs of negotiations through reduction in staff time and likely legal expenses devoted to such discussions. Staff is recommending the Village Board approve participation in the Natural Gas Franchise Consortium through the passage of an Intergovernmental Agreement (attached). The Village will have to pay $500 for a participation fee upon passage. The Village has participated in numerous intergovernmental consortiums in the past with great success. ~~ H:\VILM\Utilities\NICOR\Memo NICOR Franchise Intergovt Agreement Discussion.doc ~ Natural Gas Franchise Consortium Draft Intergovernmental Agreement Summary of Key Terms The Consortium's Steering Committee has prepared a draft Intergovernmental Agreement creating the Northern Illinois Municipal Natural Gas Franchise Consortium. The Agreement defines the Consortium's membership, creates structure and procedures for doing business, provides for managenient of contributed funds, and sets standards for withdrawal and dissolution. This joint effort will give participating municipalities greater negotiating power with the natural gas utilities and will reduce the cost to each municipality of drafting, negotiating, and finalizing a new gas franchise. Here is a list identifying key terms (with references to the draft Agreement in parentheses): . Each municipality that signs the Agreement and makes the first, nonrefundable $500 payment becomes a Member of the Consortium (Preamble). . Each Member designates one of its key officials as its representative to the Consortium (~ 3B). . Key decisions and day-to-day operations of the Consortium are handled by a Steering Committee (~ 3C). . Steering Committee responsibilities include preparation of a draft franchise agreement, negotiation of that agreement with the gas companies, and decision- making on behalf of the Consortium (~ 3C3). . The Steering Committee will meet periodically (~3CS). All Consortium Members will get notice of, and may attend, Steering Committee meetings. . The Consortium will meet as a whole at least twice, and more as determined by the Steering Committee (~3C6). The first meeting will be to obtain concurrence regarding the draft franchise agreement to be negotiated with the gas companies. Other meetings will be held as negotiations proceed and as the final terms are formulated. Members may participate in the meetings by telephone (~ 3C7). . Membership on the Steering Committee is coordinated through the Councils of Governments (the "COGs"). Each COG appoints positions on the Steering Committee from among the municipalities that are members of that COG (~3C2). The number of Steering Committee members that each COG gets to appoint is based on the number of Consortium members in that COG, as follows: ~ COGs with 10 or fewer Members = 1 Steering Committee member. ~ COGs with 11 to 20 Members = 2 Steering Committee members. ~ COGs with 21 or more Members = 3 Steering Committee members. -1- · Based on that formula, the Steering Committee will have 15 initial members, as follows: Name of COG Consortium Members Steering Comm. DuPage Mayors and Managers Conf: Lake County Municipal League: McHenry Council of Governments: Metro West Council of Governments: Northwest Municipal Conference: South Suburban Mayors and Managers Conf: Southwest Council of Mayors: West Central Municipal Conf: Will County Government League: Other (Normal): 22 11 4 5 22 o 1 8 3 1 3 2 1 1 3 1 1 1 1 1 · A municipality is counted in the total for each COG of which that municipality is a member. · The Administrator of the Consortium is the DuPage Mayors and Managers Conference and its executive director Mark Baloga (~3C3(f)). The Administrator will administer the business affairs of the Consortium, including the budget and expenses. The Administrator will not be paid for services but may be reimbursed for reasonable and appropriate costs incurred on behalf of the Consortium. · Each Member must pay the initial, nomefundable $500 contribution (~5A3). The Steering Committee may require additional contributions to fund future Consortium activities. Future contributions may be equal among Members or on a reasonable pro rata basis determined by the Steering Committee. The Steering Committee will provide an explanation of the need for each additional contribution. · A Member may voluntarily withdraw from the Consortium at any time. A Member need not pay an additional contribution if that Member withdraws within 30 days after notice that an additional contribution is required. · The Consortium will dissolve on the written decision of at least two-thirds of the then- current Members or if the Steering Committee determines that the Consortium should dissolve (~ 6D). · Amendments to the Agreement require a three-fourths vote of the then-current Members. · If your attorney has questions about the Agreement, please contact Mark Baloga, Executive Director, DuPage Mayors and Managers Conference, 630-571-0480, x223; or mbaloga@dmmc-cog.org. -2- ORDINANCE NO. 2009-_ AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM Passed by the [Board of Trustees/City Counci~, Printed and Published, ,2009 ,2009 Printed and Published in Pamphlet Form by Authority of the [President/Mayorj and [Board of Trustees/City Counci~ [VILLAGE/CITY] OF [NAME OF MUNICIPALITY] COUNTY, ILLINOIS I hereby certify that this document was properly published on the date stated above. [Village/City] Clerk 4 fTemolate aooroval ordinance1 ORDINANCE NO. AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM WHEREAS, by granting a natural gas franchise to [name of utility] (the "Utility'), the [Village/City], makes natural gas and related facilities and utilities available to the [Village'slCity's] residents, businesses, and land owners; and WHEREAS, the [Village'slCity's] current franchise agreement with the Utility [expired/will expire] on [date of expiration] (the "Existing Franchise Agreemenf'); and WHEREAS, the Existing Franchise Agreement provides the terms and conditions under which the Utility utilizes the [Village'slCity's] public rights-of-way in the provision of natural gas; and WHEREAS, it is in the best interests of the [Village/City] and its residents, businesses, and land owners to negotiate and enter into a new franchise agreement with the Utility that includes all of the standard and necessary terms, provisions, and protections, plus modern provisions and protections such as energy efficiency provisions that require not only levels of efficiencies on the part of utilities, but also energy audits and other conservation- related services from the Utility; and WHEREAS, a number of northern Illinois municipalities plan to create a consortium of participating municipalities to cooperate and jointly prepare and negotiate a model franchise agreement for natural gas with the Utility and with other utilities that serve these northern Illinois municipalities; and WHEREAS, participating in this joint effort will give the [Village/City] greater negotiating power with the natural gas utilities and will reduce the cost to the [Village/City] of drafting, negotiating, and finalizing a new gas franchise agreement; and WHEREAS, a steering committee of the participating municipalities has prepared an intergovernmental agreement that will establish the "Northern Illinois Municipal Natural Gas Franchise Consortium" (the "Consortium") for the purpose of preparing and negotiating a model franchise agreement for natural gas utilities; and WHEREAS, the Corporate Authorities of the [Village/City] have determined that it is in the best interests of the [Village/City] to approve and authorize the execution of the intergovernmental agreement and become a member of the Consortium pursuant to the terms of the agreement; NOW, THEREFORE, BE IT ORDAINED BY THE [PRESIDENT/MA VORl AND [BOARD OF TRUSTEES/CITY COUNCIL] OF THE [VILLAGE/CITY] OF [NAME OF MUNICIPALlTYj, COUNTY, ILLINOIS, as follows: 1 Section 1. Recitals. The foregoing recitals are incorporated into this Ordinance as the findings of the [Board of Trustees/City Counci~ of the [Village/City]. Section 2. Approval of Interaovernmental Aareement. The "Intergovernmental Agreement Establishing the Northern Illinois Municipal Natural Gas Franchise Consortium," 'in form and substance substantially the same as Exhibit A to this Ordinance (the "Intergovernmental Agreement'), is hereby approved. Section 3. Authorization to Execute the Aareement. The [President/Mayolj and the [Village/City] Clerk are authorized and directed to execute and attest the Intergovernmental Agreement on behalf of the [Village/City]. Section 4. Effective Date. This Ordinance shall be effective following passage by the [Board of Trustees/City Counci~ of the [Village/City] in the manner required by law. PASSED this _ day of , 2009, by vote of the [Board of Trustees/City Counci~ of the [Village/City] of [name of municipality], as f~lIows: AYES: NAYS: ABSENT: ABSTAIN: APPROVED this _ day of ,2009. [Village/City] [President/Mayor] ATTEST: Village Clerk # 8936297_ v1 2 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM WHEREAS, by granting a natural gas franchise to Northern Illinois Gas Company (the "Utility"), the Village of Mount Prospect (the "Village"), makes natural gas and related facilities and utilities available to the residents, businesses, and land owners; and WHEREAS, the "Village's" current franchise agreement with the "Utility" will expire on May 1, 2018 (the "Existing Franchise Agreement"); and WHEREAS, the "Existing Franchise Agreement" provides the terms and conditions under which the "Utility" utilizes the "Village's" public rights-of-way in the provision of natural gas; and WHEREAS, it is in the best interests of the "Village" and its residents, businesses, and land owners to negotiate and enter into a new franchise agreement with the Utility that includes all of the standard and necessary terms, provisions, and protections, plus modern provisions and protections such as energy efficiency provisions that require not only levels of efficiencies on the part of utilities, but also energy audits and other conservation-related services from the Utility; and WHEREAS, a number of northern Illinois municipalities plan to create a consortium of participating municipalities to cooperate and jointly prepare and negotiate a model franchise agreement for natural gas with the Utility and with other utilities that serve these northern Illinois municipalities; and . WHEREAS, participating in this joint effort will give the "Village" greater negotiating power with the natural gas utilities and will reduce the cost to the "Village" of drafting, negotiating, and finalizing a new gas franchise agreement; and WHEREAS, a steering committee of the participating municipalities has prepared an intergovernmental agreement that will establish the "Northern Illinois Municipal Natural Gas Franchise Consortium" (the "Consortium") for the purpose of preparing and negotiating a model franchise agreement for natural gas utilities; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect have determined that it is in the best interests of the "Village" to approve and authorize the execution of the intergovernmental agreement and become a member of the Consortium pursuant to the terms of the agreement. NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION TWO: That the Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Village President to execute the Agreement for an Intergovernmental Agreement establishing the Northern Illinois Municipal Natural Gas Franchise Consortium attached and made a part of as Exhibit "A". 1 SECTION THREE: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of January 2010. Irvana K. Wilks Mayor ATTEST M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\NICORIGA2010.DOC 2 11/2/09 AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM Entered Into By Various Illinois Municipalities as of ,2010 11/2/09 AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM THIS INTERGOVERNMENTAL AGREEMENT is made and entered into as of 1,2010, (the "Effective Date") by each of the Illinois home rule and non home rule municipalities that (i) have executed a signature page confirming that they are parties to this Agreement as of the Effective Date and (ii) have paid the initial $500 contribution required under Paragraph 5.A.3 of this Agreement (individually the "Parties" and collectively the "Consortium," with each Party automatically a "Member" of the Consortium only for so long as the Member is a Party to this Agreement): WIINg.Q.QgIH: WHEREAS, Illinois municipalities make natural gas and related facilities and utilities available to the residents, businesses, and land owners within their respective corporate boundaries by granting franchises to natural gas utilities; and WHEREAS, natural gas franchise agreements provide the terms and conditions under which gas utility companies may utilize public rights-of-way in the provision of natural gas; and WHEREAS, natural gas franchise agreements ordinarily have lengthy terms of years and contain numerous important fiscal and regulatory requirements regarding, for example, rights-of-way standards, municipal compensation, customer service standards, equipment maintenance and capital commitments, and emergency response and preparedness; and WHEREAS, the terms of many existing natural gas franchise agreements for many Illinois municipalities have expired or will expire in the near future; and WHEREAS, new natural gas franchise agreements should include modern provisions and protections for Illinois municipalities and their constituents and significant energy efficiency provisions that require not only levels of efficiencies on the part of the utilities, but also energy audits and other conservation-related services from utilities; and WHEREAS, the Parties have individually and collectively determined that it is appropriate and in each of their best interests to jointly develop and negotiate a model franchise agreement for natural gas utilities; and WHEREAS, to achieve these and other related objectives, the Parties desire to utilize the powers and authority granted to them under Article VII, Section 10 of the Illinois Constitution of 1970; the Intergovernmental Cooperation Action, 5 ILCS 220/1 et seq.; the Local Land Resource Management Planning Act, 50 ILCS 805/1 et seq.; and other applicable authority, including without limitation the home rule powers of various Consortium Members; and WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental issues effecting this matter, each of the Parties has determined that it is in the best interests of its residents and the general public welfare that this Agreement be executed and implemented by all of the Parties; and 11/2/09 WHEREAS, each of the initial Parties to this Agreement (the "Founding Parties") has approved this Agreement by an ordinance or resolution duly adopted by the Party's corporate authorities, which approval is evidenced by the signature page of the Party attached to this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein made and pursuant to all applicable statutes and local ordinances noted above, all of the Parties enter into the following: SECTION 1. RECITALS The foregoing recitals are, by this reference, incorporated into and made a part of this Agreement. SECTION 2. PURPOSE This Agreement is made for the purpose of establishing the Northern Illinois Municipal Natural Gas Franchise Consortium and endowing it with all of the authority, powers, and resources necessary and convenient to allow the Parties jointly to most effectively and efficiently address common and necessary issues related to the establishment of a model franchise agreement for natural gas utilities. This Agreement is further intended to allow the Parties to jointly seek any available local, state, and federal funds and other resources to assist in addressing the natural gas utility issues identified by the Parties as necessary, and being appropriate for, the joint action of the Parties. SECTION 3. ESTABLISHMENT AND ORGANIZATION A. Formation of Consortium. By this Agreement, the Parties establish the Northern Illinois Municipal Natural Gas Franchise Consortium. The Consortium shall act in the manner set forth in this Agreement in furtherance of the preparation and negotiation of a model natural gas utility franchise agreement. B. Membership and Member Representatives. Each Party is a Member of the Consortium. As such, each Party must designate as its representative on the Consortium (the "Member Representative") either (i) the Member's chief administrative officer or the chief administrator officer's duly authorized representative or (ii) if the Member does not have a chief administrative officer, then the Member's mayor or president or the mayor's or president's duly authorized representative. Each Member Representative shall operate and act with respect to Consortium affairs and actions only pursuant to action duly authorized by the Member Representative's corporate authorities. C. SteerinQ Committee Governance. The Consortium shall be managed and operated by a Steering Committee comprised of Member Representatives from the Parties as determined pursuant to this Subsection. 1. Councils of Government. The municipalities that are Parties to this Agreement are members of various councils of government each separately established, organized, and managed under Illinois law to provide joint planning and intergovernmental cooperation among their respective members. The councils of government represented by the Members of the Consortium are listed in Exhibit A to this Agreement ("Consortium COGs"). -2- 11/2/09 2. Selection of Steering Committee Members. (a) COG Appointments. Each Consortium COG will appoint from among its municipalities Consortium Members to serve on the Steering Committee. Appointments to, and the length of service on, the Steering Committee will be at the discretion of the appointing Consortium COG. Only COG members that are Parties to this Agreement may have a Member Representative sit on the Steering Committee. (b) Allotment of Appointments. The number of Steering Committee appointments for each Consortium COG will be based on the number of members of a COG that are Parties to this Agreement. A COG with 10 or fewer Parties to this Agreement will have one appointment to the Steering Committee; a COG with at least 11 but no more than 20 Parties to this Agreement will have two appointments to the Steering Committee; and a COG with more than 20 Parties to this Agreement will have three appointments to the Steering Committee. A Party will be counted in the total for each Consortium COG of which that Party is a member. (c) Initial Steering Committee Composition and Roster. Based on the Founding Parties, the Steering Committee will initially have sixteen (16) members. The specific composition of the Committee and the distribution of its members and appointments among the Consortium COGs is set forth in Exhibit B to this Agreement ("Steering Committee Roster'). (d) Adjustments. On a yearly basis, the "Administrator' (as set forth in Paragraph 3(f) of this Section) shall monitor COG member participation in the Consortium and shall make adjustments to the Steering Committee membership as necessary to ensure compliance with this Subsection. The Administrator will distribute to all Consortium Members any amended Steering Committee Roster. Amended Steering Committee Rosters will be deemed to replace automatically the Steering Committee Roster attached to this Agreement as of the Effective Date and any subsequent amended Roster, as the case may be, without the need for an amendment to this Agreement. (e) Replacements. If a Member designated to appoint a Member Representative to the Steering Committee does not name its Member Representative within fourteen (14) calendar days after its designation, the Member's COG shall immediately appoint another of its Members to name a Member Representative to serve on the Steering Committee. 3. Steering Committee Responsibilities. The Steering Committee is responsible for the following matters: (a) Consortium Operations. The Steering Committee is responsible for all Consortium operations, management, and activities, including without limitation establishing the contribution amounts to be paid by Consortium members in order to maintain membership in the Consortium, as further provided in Section 5 of this Agreement. (b) Draft Franchise Agreement. The Steering Committee will provide for the preparation of a draft model natural gas franchise agreement (the "Draft Franchise Agreement') that will be used in negotiation with natural gas utility companies that serve Consortium members (the "Gas Utilities"). -3- 11/2/09 The Steering Committee is authorized to establish a drafting committee and other subcommittees as it deems necessary to prepare the Draft Franchise Agreement. (c) Negotiation of Franchise Agreement. After preparation of the Draft Franchise Agreement and concurrence of the Consortium, the Steering Committee will undertake negotiations with the Gas Utilities. The Steering Committee may establish a negotiating committee and other subcommittees as it deems necessary to prepare for and undertake negotiations for a final model franchise agreement for natural gas (a "Final Franchise Agreemenf'). (d) Communications. The principal goals of the Consortium are preparation of a Draft Franchise Agreement and negotiation of a Final Franchise Agreement that is acceptable to the greatest number of the Members as possible. Accordingly, in preparing the Draft Franchise Agreement and negotiating the Final Franchise Agreement, the Steering Committee shall advise and consult with Member Representatives from time to time regarding procedural, substantive, and strategic issues in a continuing effort to achieve these goals. (e) Appointed Counsel. The Steering Committee shall retain legal counsel to represent the interests of the Consortium in the preparation of this Agreement, the preparation of the Draft Franchise Agreement, and the preparation and negotiation of the Final Franchise Agreement. (f) Consortium Administrator. The Steering Committee shall select a person or agency to administer the business affairs of the Consortium and to undertake such other activities as assigned by the Steering Committee (the "Administrator'). The Administrator will not be paid a fee for services, but the Steering Committee may reimburse the Administrator for reasonable and appropriate costs and expenses, including without limitation administrative overhead costs. The Administrator is specifically responsible for, among other things (i) overseeing the finances of the Consortium, (ii) compiling and maintaining cost and expenditure information regarding Consortium activities, and (iii) making recommendations to the Steering Committee on Consortium costs and expenditures and on establishing required contribution amounts from the Members as further set forth in Section 5 of this Agreement. The Administrator, in consultation with the Steering Committee, also is responsible for preparing periodic status reports not less than once every two (2) months, which reports will include the status of all drafting and negotiations and a financial report including all expenditures from the Consortium Fund established pursuant to Section 5 of this Agreement. The Members approve the selection of the Dupage Mayors and Managers Conference and its executive director Mark Baloga as the Administrator as of the Effective Date. 4. Officers. (a) Chairperson. Steering Committee Member Representatives shall choose from among themselves a Member Representative to serve as Chairperson of the Steering Committee. The Chairperson will preside at all meetings of the Steering Committee and will perform all other duties as may be prescribed by the Steering Committee. (b) Vice Chairperson. Steering Committee Member Representatives shall choose from among themselves a Member Representative to serve as Vice Chairperson of the Steering Committee. The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson at any Steering Committee meeting and the Vice Chairperson shall have and be assigned the additional powers and duties as the Steering Committee may prescribe. -4- 11/2/09 (c) Secretary. The Administrator shall serve as Secretary of the Steering Committee, responsible for taking and keeping the minutes of all Steering Committee meetings and for undertaking any additional powers and duties as the Steering Committee may prescribe. 5. Steering Meetings and Notices. The Steering Committee will meet periodically at times and places determined by the Steering Committee. A majority of the then- current Steering Committee Members will be necessary to establish a quorum. All Member Representatives may attend all meetings of the Steering Committee and provide comments. Unless otherwise determined by the Steering Committee, all meetings of the Steering Committee shall be kept confidential. The Steering Committee will provide notice of its meetings to each Consortium Member as far in advance of the meeting as practicable, preferably at least seven (7) calendar days, except when a time-sensitive matter demands attention sooner. Notices will include, at a minimum, the time and place of the meeting and a description of the topics to be covered at the meeting. 6. Full Consortium Meetings. In addition to Steering Committee meetings, the Steering Committee will schedule and hold, at a minimum, two (2) meetings of the Member Representatives from all Consortium Members, one of which will be to review and obtain the concurrence of the Consortium on the terms and conditions of the Draft Franchise Agreement. One third of the then-current Members of the Consortium will be necessary to establish a quorum for Consortium meetings. As it deems necessary, the Steering Committee will schedule additional meetings as negotiations are undertaken with the Gas Utilities and as the Final Franchise Agreement is prepared and finalized. The Steering Committee will provide notice to each Consortium Member of all full meetings of the Consortium as far in advance of the meeting as practicable, preferably at least seven (7) calendar days, except when a time-sensitive matter demands attention sooner. Notices will include, at a minimum, the time and place of the meeting and a description of the topics to be covered at the meeting. The Chairperson of the Steering Committee, or in the Chairperson's absence, the Vice Chairperson of the Steering Committee, shall preside at all full Consortium meetings. The Administrator will take and keep the minutes of all full Consortium meetings. 7. Telephone Meeting Participation. Members may participate in Steering Committee meetings and in full Consortium meetings by telephone. The Steering Committee and the Administrator will establish appropriate rules and procedures to govern telephonic participation in these meetings. Participation by telephone shall constitute the presence of a Member at the meeting for purposes of establishing a quorum. D. Additional Members. The Steering Committee may accept additional municipalities as parties to this Agreement and as Members of the Consortium ("New Members") provided that a prospective New Member, prior to acceptance (1) must pay to the Consortium the full amount of the contributions assessed pursuant to Paragraph 5.A.3 of this Agreement as of the date of acceptance and (2) must properly approve and execute this Agreement and deliver the fully-executed signature page to the Administrator. E. Duration of Commission. The Consortium will remain in place unless dissolved and terminated as provided in Subsection 6.0 of this Agreement. -5- 11/2/09 SECTION 4. GENERAL COOPERATION The Members agree to cooperate with each other in furtherance of the purposes, goals, and objectives of the Consortium. Cooperation required by this Agreement specifically includes, but without limitation, the sharing and joint use by and among the Members of information and other materials possessed or developed by the Members, either individually or collectively, and necessary to investigate, identify, and otherwise document matters relevant to the preparation and negotiation of the Draft Franchise Agreement and the Final Franchise Agreement and to otherwise provide information and documents necessary to promote and achieve the purposes and objectives of the Consortium as provided in this Agreement. SECTION 5. REVENUES AND EXPENSES A. Franchise Fund. 1. Establishment and Administration. The Consortium shall create and maintain a fund (the "Franchise Fund') to pay the costs and expenses incurred or to be incurred by the Consortium (the "Shared Costs"). The Franchise Fund will be administered by the Administrator as set forth in this Agreement and as determined by the Steering Committee. 2. Shared Costs. Shared Costs include only costs incurred directly by the Consortium for the common purposes of the Members as set forth in this Agreement. Shared Costs include, without limitation, attorney's fees and costs for the Appointed Counsel, extraordinary out-of-pocket expenses incurred by the Consortium in preparing the Draft Franchise Agreement and in preparing and negotiating the Final Franchise Agreement, the Administrator's costs and expenses, and any other professional services determined by the Steering Committee to be necessary for the Consortium to meet its objectives as provided in this Agreement. As specifically determined by the Steering Committee, Shared Costs may also include extraordinary expenses incurred by a Consortium COG in furtherance of the purposes, goals, and intent of this Agreement and the Consortium. The Members agree to use their staffs and resources, including the Member Representatives, at no cost to the Consortium for joint projects or actions undertaken by or on behalf of the Consortium. Shared Costs specifically but without limitation do not include (a) fees and costs of attorneys other than the Appointed Counsel and (b) salaries or other compensation paid to employees or agents of a Member. The service to the Consortium of a Member and the Member's Representative is not a Shared Cost as a general matter, the Members expecting and intending that each Member will contribute to the operation of the Consortium at its own expense except as otherwise specifically approved in advance by the Steering Committee. 3 Funding the Franchise Fund. The Franchise Fund will be funded by contributions from the Members as determined from time to time by the Steering Committee on the recommendation of the Administrator. The Steering Committee will set contribution amounts only to the extent reasonably necessary to pay Shared Costs. The contribution required from each Member as of the Effective Date is a nonrefundable five hundred dollars ($500.00) (the "Initial Contribution"). As Consortium operations proceed, the Steering Committee, through the Administrator, will provide notice and direction to all Consortium members of additional contribution amounts necessary to fund the Franchise Fund in order to pay Shared Costs (the "Additional Contributions"). Additional Contributions may be equal among the Members or may be on a pro rata basis based on Member populations or other factors as determined by the Steering Committee. For the purpose of permitting voluntary withdrawal from the Consortium under Subsections 6.8 and 6.C of this Agreement without -6- 11/2/09 liability for an Additional Contribution, an Additional Contribution will not be binding on a voluntarily withdrawing Member until thirty (30) calendar days after the notice required by this Paragraph. 4. Contributions Non-Refundable. No contribution to the Franchise Fund is refundable, regardless of a Member's withdrawal or expulsion or any other circumstance. Any funds remaining in the Franchise Fund at the time of dissolution of the Franchise Fund will be distributed as provided in Paragraph 5.A.5 of this Agreement. 5. Franchise Fund Dissolution; Distribution of Remaining Funds. The Franchise Fund must remain in place until all monetary obligations of the Consortium have been fulfilled and no future obligations are anticipated. After all monetary obligations have been fulfilled and when no future obligations are anticipated, the Steering Committee shall dissolve the Franchise Fund. All money remaining in the Franchise Fund at the time of its dissolution will be distributed only to the Members as of the date of the dissolution (the "Final Members"). Distributions will not necessarily be equal among the Final Members, but may be based, to the extent practicable and in the discretion of the Steering Committee, on Additional Contributions made by the Final Members or other factors. B. Official Payee. For purposes of documentation and receipt of all funds and other resources obtained by or on behalf of the Consortium pursuant to this Agreement, the DuPage Mayors and Managers Conference will serve as the official payee for the Consortium. SECTION 6. EXPULSION; WITHDRAWAL A. Automatic Expulsion for Breach. If a Member does not (1) pay a contribution as provided in Section 5 of this Agreement within the time provided by the Steering Committee for payment or (2) commits a significant violation of a provision of this Agreement as determined by the Steering Committee, then that Member is in breach of this Agreement. If the breach is not cured within fourteen (14) calendar days after notice from the Administrator, or within such additional time granted by the Steering Committee in advance of the expiration of the fourteen (14) calendar day deadline, then that Member is expelled from the Consortium automatically and without any vote or other action required by the remaining Members, the Steering Committee, or the Administrator. B. Voluntary Withdrawal. Any Member may voluntarily withdraw as a Member by delivering to the Administrator, not later than twenty-one (21) calendar days before the intended effective date of withdrawal, a certified copy of an ordinance or resolution of that Member's corporate authorities declaring the Member's withdrawal from the Consortium as of a date certain set forth in the ordinance or resolution. C. Reauired Terms of Expulsion or Withdrawal. Any Member that has been expelled or that is withdrawing (1) must pay in full all Additional Contributions to the Franchise Fund approved and binding under Paragraph 5.A.3. of this Agreement, (2) is not entitled to any refund of any money from the Franchise Fund at any time, and (3) must continue to keep all business of the Consortium confidential to the fullest extent permitted by law. The provisions of this Subsection C survive, and are enforceable against a Member after, expulsion or withdrawal. D. Dissolution of the Consortium. The Consortium will be declared dissolved (1) upon the written notice executed by no less than two-thirds of the then-current Members, or (2) as otherwise determined by the Steering Committee. -7- 11/2/09 SECTION 7. COMPLIANCE The Consortium and each Member must, and hereby agrees to, comply with all federal, State of Illinois, and municipal laws, ordinances, rules, regulations, and orders, and the rules, regulations, and orders of all duly constituted governmental agencies and authorities now in force or that may hereafter be in force. SECTION 8. GENERAL PROVISIONS A. Notices. All notices and other materials required to be delivered to the Consortium must be delivered to the Administrator. All notices and other materials required to be delivered to the Members must be delivered to the Member Representatives. All notices provided or required under this Agreement will be delivered using e-mail, to the e-mail addresses provided to the Consortium by each Member. It is the responsibility of each Member Representative to ensure that the Administrator has the correct e-mail address for the Member Representative. The Administrator will provide a service list for notices on a periodic basis, updated as necessary with current Member Representatives and their e-mail addresses. B. Entire Aareement. There are no representations, covenants, promises, or obligations not contained in this Agreement that form any part of this Agreement or on which any Party is relying in entering into this Agreement. C. Severability. If any provision of this Agreement is construed or held to be void, invalid, or unenforceable in any respect, then the remaining provisions of this Agreement will not be affected thereby but will remain in full force and effect until and only if determined otherwise by the Steering Committee. D. Interpretation. It is the express intent of the Parties that this Agreement will be construed, interpreted, and applied so as to preserve its validity and enforceability as a whole. In case of any conflict among provisions of this Agreement, the provision that best promotes and reflects the intent of the Parties will control. E. Amendments and Modifications. This Agreement may be modified, changed, altered, or amended only with the duly authorized and written consent of three-fourths of the then-current Members by their corporate authorities and pursuant to ordinances or resolutions duly adopted and approved by the Members' corporate authorities. No amendment or modification to this Agreement will be effective until it is reduced to writing and approved by the corporate authorities of three-fourths of the then-current Members and properly executed in accordance with all applicable statutory procedures. F. Authority to Execute. Each Party hereby warrants and represents to each other Party and to the Consortium that the person executing this Agreement on its behalf has been properly authorized to do so by the corporate authorities of the Party. G. No Third Party Beneficiaries. This Agreement does not create any rights or interests in any third party and no provision of this Agreement may be interpreted, construed, or applied to create any such right or interest. -8- 11/2/09 H. Execution. This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Signature of Member Representative: Printed Name of Member Representative: Title of Member Representative: E-Mail Address of Member Representative: Village of Mount Prospect, Illinois Irvana K. Wilks Mayor iwilks@mountprospect.org [ADDITIONAL EXECUTION PAGES ATTACHED] -9-