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HomeMy WebLinkAbout6. New Business 06/19/2012NOTICE OF PUf Mc VILLAGE NOTICE IS HEREBI 2012, at the hour of 7: Trustees of the Village Hearing at the Mount Street, Mount Prosper mony regarding a ref an Annexation Agree the Village of Mount AND P.I.N. #: Those pi BEFORE THE CT tUSTEES on Tuesday, June 19, esident and Board of oect will hold a Public lorizing fhe execution of Ord to the annexation to a tract of property com- land, all pursuant to the I seq., as follows: VN AS: 2101 South Busse IBE0AS: et, as measured on the North and South South 164.68 feet, as measured on the thereof, of the We 1 /'1 of the Northwest wnship 41 North, Range 11, East of the eridian, excepting therefrom all that fore used, taken or dedicated for Public in Cook County, Illinois. QO -0000 North 164.73 feet of the South 650.85 feet 102.92 feet of the West 261.85 feet of the reof) of the West half of the Northwest 23, and the North 45.91 feet of the South the East 734.96 feet thereof) of the West quarter of Section 23, all In Township 41 .,.mot nc fhu Third prfnrinnl Meridian, in Faro of s l a distance of 250.0 feet more or Tess w a yvuu Tine of said Section 23; thence South a d)stanc more or less to the point of beginning (except t n and used for Busse Road) and 08 -23 -300- 007 -0000 part of the Southwest 1/4 of Sec - Range 11, East of Ilan, described as follows: COm- corner of said 23; thence South 12.50 chains, ie East line of ast 114 of Section 23, thence North CERTIFICATE OF PUBLICATION Paddock Publications, Inc. D & HerAd Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. That said DAILY HERALD is a secular newspaper and has been circulated daily in the Village(s) of Al onquin Antioch Arlington Heights Aurora Barrington Ba rrington Hills Lake Barrington North Barrington South Barrington, Bartlett Batavia Buffalo Grove Burlington, Campton Hills Carpentersville Cary Deer Park Des Plaines South Elgin, Ea Dundee, Elburn Elgin Elk Grove Village Fox Lake Fox River Grove, Geneva, Gilberts Grayslake Green Oaks Gurnee Hainesville Hampshi Hanover Park Hawthorn Woods Hoffman Estates Huntley Inve rness, Island Lake Kildeer Lake Villa Lake in the Hills Lake Zurich Libertyville Lincolnshire Lindenhurst Long Grove Mt.Prospect, Mundelein Palatine Prospect Heights Rolling Meadows Round Lake Round Lake Beach Round Lake Heights Round Lake park Schaumburg Sleepy Hollow St. Charles Streamwood Tower Lakes Vernon Hills Volo Wauconda Wheeling West Dundee Wildwood Sugar Grove, North Aurora 12.50 Chains TO me NOrTn Line ur qua er place beginning (ex- t he se o C County h e Illinois. The South 4 acres of the North 7 acres of that part of the 23, Township 41 County(ies) of Cook Kane Lake McHenry southwest 1/4 of Section North, Range 11, East of the Third Principal Meridian, bounded by the following described line; and State of Illinois, continuously for more than one year prior tot the commencing at the Northwest corner of said Southwest 114 of Section 23; thence South 12.50 chains, date of the first publication of the notice hereinafter referred to and is of thence East 20 chains to the East line of the West 112 of the Southwest 114 of Section 23, thence North circulation throughout said Village(s), County (ies) an tote. there a chains to West to the No rth f be ginning o (except Busse Road) general in Cook County, Illinois. P�I.N. # 08 -062 1 further certify that the DAILY HERALD is a newspaper as defined in -23 -101 Parcel I: The West 662.08 feet (except the east 90 feet thereof) of the it an Act to revise the law in relation to notices" as amended in 19 North 10 acres of the South 15 acres of the West 1/2 of the Northwest 1/4 of Section 23, Township 41 Illinois Compiled Statutes, Chapter 7150, Act 5, Section 1 and 5. That a North, Range 11 East of the Third Principal Meridian (except that part thereof dedicated for Kenneth 1969 notice of which the annexed printed slip is a true copy, was publ Drive per document recorded September 5, as document 10950179 and except that part falling in Busse Illinois. May 2012 in said DAILY HERALD. Road) in Cook County, PETITIONER:ARC Disposal Company, Inc. OWNER:Republic Services, Inc. and ARC Disposal Com- pany, Inc. 2100 South Busse Road IN WITNESS WHEREOF, the undersigned, the said PADDOCK Mount Prospect, Illinois 60056 NATURE OF REQUEST:The Annexation Agreement Pro- vides, among other things, for annexation of the subiect PUBLICATIONS, Inc., has caused this certificate to be signed by, this property, rezoning from RX Single Family District to 1 -2, Solid Waste Handling District. After the Public Hearing, authorized agent, at Arlington Heights, Illinois. the Village Board will consider approval of the Annexation Agreement. A draft of the proposed Annexation Agreement is on file and available for public inspection at the Office of the Vil- lage of Mount Prospect Village Clerk Mount Prospect Vil- PADDOCK PUBLICATIONS, INC. lage Hall, 50 S. Emerson Street, Mount Prospect, Illinois, during normal business hours. All persons wishing to be DAILY HERALD NEWSPAPERS heard may appear and be heard at the Public Hearing or submit written comments to the Mount Prospect Village Board of Trustees at 50 S. Emerson Street, Mount Pros- pect, IL 60056, or via e-mail to Bco�one ountpros V .or . Persons having questions may call the V o r e ) 818 The Public Hearing ring ing may be e continued from time to time further notice, except as otherwise required by the without Illinois Open Meetings Act. The proposed Annexation Agreement may be changed, altered, modified, amended BY or redrafted in its entirety after the Public Hearing. The Authorized Agent Village Board's decision is final for this case. nnted nt Mnunt Prospect, Illinois, this May 31, 2012 Control # 4302954 MAYOR MowtProspea VILLAGE MANAGER Irvana K. Wilks Michael E. Janonis TRUSTEES VILLAGE CLERK Paul Wm. Hoefert M. Lisa Angell Arlene A. Juracek A. John Korn Phone: 847/392 -6000 John J. Matuszak Fax: 847/392 -6022 Steven S. Polit TDD: 847/392 -6064 Michael A. Zadel www.mountnrostiect.orQ Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 AFFIDAVIT OF NOTICE STATE OF ILLINOIS ) COUNTY OF COOK ss. M. Lisa Angell, being first duly sworn, deposes and says on oath that: As Village Clerk of the Village of Mount Prospect, she did cause the foregoing notice to be served on the Trustees of the Elk Grove Rural Fire Protection District and each of them, by mailing true and accurate copies of the notice by certified mail to those Trustees at the addresses set forth below their names this:, - ;5 `day of , 2012, at -�/' ; p.m., by depositing the copies in the United States Mail at Mount P ospect, Illinois, certified, postage prepaid. M. Lisa Angell SUBSCRIBED AND SWORN before me this o?f day of , 2012. Official Seal 1 Julie Jarosz / Notary Public State of plbtols Commission Expites Feb 22. 20141 i.wwwwAAAAAA ary P Elk Grove Rural Fire Protection District Trustees Individual letters to: 1415 East Algonquin Road Arlington Heights, IL 60005 Ms. Joyce Robinson Mr. Rudy Faulhaber Ms. Linda Napientek Mr. Phyllis Senase Mr. George Taylor Ms. Patricia Tabaka H:ACLKO \WIN \arc aunexation\Annexation District Notices 2012 S Busse (ARC) 5_25_12.doc MAYOR Irvana K. Wilks TRUSTEES Paul Wm. Hoefert Arlene A. Juracek A. John Korn John J. Matuszak Steven S. Polit Michael A. Zadel mount Ptospect VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK M. Lisa Angell Phone: 847/392 -6000 Fax: 847/392 -6022 TDD: 847/392 -6064 rurrnu. mountprospect. org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 May 25, 2012 VIA CERTIFIED MAIL TO: Elk Grove Rural Fire Protection District Trustees Ms. Joyce Robinson Mr. Rudy Faulhaber Ms. Linda Napientek 1415 East Algonquin Road 1415 East Algonquin Road 1415 East Algonquin Road Arlington Heights, IL 60005 Arlington Heights, IL 60005 Arlington Heights, IL 60005 Mr. George Taylor Ms. Patricia Tabaka Ms. Phyllis Senase 1415 East Algonquin Road 1415 East Algonquin Road 1415 East Algonquin Road Arlington Heights, IL 60005 Arlington Heights, IL 60005 Arlington Heights, IL 60005 RE: Notice of Proposed Annexation of Territory within the Elk Grove Rural Fire Protection District to the Village of Mount Prospect Pursuant to the Illinois Municipal Code (Illinois Compiled Statutes, Chapter 65, Section 5/7 -1 -1, et seq.), YOU ARE HEREBY NOTIFIED THAT on June 19, 2012, at their regular Board Meeting, the Village President and Board of Trustees of the Village of Mount Prospect will meet, pursuant to the Illinois Compiled Statutes, Chapter 65, Section 5/7 -1 -10, to consider the annexation of its territory, which is described and depicted in Exhibit A, attached hereto and incorporated herein. This Meeting shall commence at 7:00 p.m. and will be held in the Board Room, on the third floor of the Village Hall, 50 South Emerson Street, Mount Prospect, Illinois 60056. Very truly yours, Enclosure/ M. isa Angell Village Clerk Village of Mount Prospect H:ACLKO \WIN \arc annexation\Annexation District Notices 2012 S Busse (ARC) 5 25_12.doc EXHIBIT A LEGAL DESCRIPTION P.I.N. 08 -23- 101 - 055 -0000 The West 1134.83 feet, as measured on the North and South lines thereof, of the South 164.68 feet, as measured on the East and West lines thereof, of the West '' /z of the Northwest 1 /4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, excepting therefrom all that part thereof heretofore used, taken or dedicated for Public Roads and Streets, in Cook County, Illinois. AND P.I.N. 08-23-101-020-0000 Those parts of the North 164.73 feet of the South 650.85 feet (except the North 102.92 feet of the West 261.85 feet of the East 734.96 feet thereof) of the West half of the Northwest quarter of Section 23, and the North 45.91 feet of the South 704.74 feet (except the East 734.96 feet thereof) of the West '/2 of the Northwest quarter of Section 23, all in Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois, described as follows: Commencing at a point on the West line of said Section 23, 540.39 feet North of the South line of the Northwest quarter of said Section 23, aforesaid, for a point beginning; thence East parallel with the South line of said Northwest quarter of distance of 250.0 feet; thence North parallel with the West line of said Section 23 a distance of 125.0 feet; thence West parallel with the said South line of said Northwest Quarter of said Section 23 a distance of 125.0 feet; thence West parallel with the said South line of said Northwest Quarter of said Section 23 a distance of 250.0 feet more or less to a point on the West line of said Section 23; thence South a distance of 125.0 feet more or less to the point of beginning (except that part taken and used for Busse Road) AND P.I.N. 08 -23- 300 - 006 -0000 and 08 -23- 300 - 007 -0000 The North 3 acres of that part of the Southwest 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Southwest 1/4 of Section 23; thence South 12.50 chains, thence East 30 chains to the East line of the West 1/2 of the Southwest 1/4 of Section 23, thence North 12.50 chains to the North Line of quarter section; thence West to the place beginning (except Busse Road), in Cook County, Illinois. Also The South 4 acres of the North 7 acres of that part of the southwest 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, bounded by the following described line; commencing at the Northwest corner of said Southwest 1/4 of Section 23; thence South 12.50 chains, thence East 20 chains to the East line of the West 1/2 of the Southwest 1/4 of Section 23, thence North 12.50 chains to the North line of said quarter section; thence West to the place of beginning (except Busse Road), in Cook County, Illinois. A -1 H: \CLKO \WIN \arc annexation\ARC Legal Description.doc AND P.I.N. 08 -23 -101 -062 Parcel 1: The West 662.08 feet (except the east 90 feet thereof) of the North 10 acres of the South 15 acres of the West 1/2 of the Northwest 1/4 of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian (except that part thereof dedicated for Kenneth Drive per document recorded September 5, 1969 as document 10950179 and except that part falling in Busse Road) in Cook County, Illinois. A -2 H: \CLKO \WIN \arc annexation\ARC Legal Description.doc MAYOR MotxntProspect VILLAGE MANAGER Irvana K. Wilks Michael E. Janonis TRUSTEES VILLAGE CLERK Paul Wm. Hoefert M. Lisa Angell Arlene A. Juracek A. John Kom Phone: 847/392 -6000 John J. Matuszak Fax: 847/392 -6022 Steven S. Polit TDD: 847/392 -6064 Michael A. Zadel wmzo.mountprostiect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 AFFIDAVIT OF NOTICE STATE OF ILLINOIS ) COUNTY OF COOK ss. M. Lisa Angell, being first duly sworn, deposes and says on oath that: As Village Clerk of the Village of Mount Prospect, she did cause the foregoing notice to be served on the Elk Grove Township Supervisor, Elk Grove Township Highway Commissioner and Elk Grove Township Board of Trustees by mailing true and accurate copies of the notice by certified mail to the addresses set forth above this, o , 2012, at '& r?p.m., by depositing the copies in the United States Mail at Mo t rospect, Illinois, � certified, postage prepaid. T lis'a; �An g e I TI SUBSCRIBED AND,5WORN before me this day of 2012. tary' u is Lette sent to: Elk Grove Township Board of Trustees 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Elk Grove Township Supervisor Ms. Nanci L. Vanderweel 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Official Seal t Julie Jarosz t Notary Public State of Illinois t lmmission Expires Feb 22, 2014 t ►AAA► AAIA I►AA A A 10 Elk Grove Township Highway Commissioner Mr. Charles Serchuk 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Elk Grove Township Clerk Mr. Michael H. Sweeney 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 H:ACLKO \WIN \arc annexation\Annexation District Notices 2012 S Busse (ARC) 5_25_12.doc MAYOR Irvana K. Wilks TRUSTEES Paul Wm. Hoefert Arlene A. Juracek A. John Kom John J. Matuszak Steven S. Polit Michael A. Zadel fount Prospect VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK M. Lisa Angell Phone: 847/392 -6000 Fax: 847/392 -6022 TDD: 847/392 -6064 unow. moun tprospect. org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 May 25, 2012 VIA CERTIFIED MAIL TO: Elk Grove Township Board of Trustees, Elk Grove Township Supervisor, Elk Grove Township Highway Commissioner, and Elk Grove Township Clerk Mr. George K. Busse - Trustee 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Ms. Andrea Koshaba - Trustee 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Mr. Greg O'Brien - Trustee 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Ms. Nanci L. Vanderweel - Supervisor 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Mr. Michael H. Sweeney - Clerk 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Ms. Suellen Satern - Trustee 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 Mr. Charles Serchuk - Highway Commissioner 2400 South Arlington Heights Road Arlington Heights, Illinois 60005 RE: Notice of Proposed Annexation of Territory within Elk Grove Township to the Village of Mount Prospect Pursuant to the Illinois Municipal Code (Illinois Compiled Statutes, Chapter 65, Section 5/7 -1 -1, et seq.), YOU ARE HEREBY NOTIFIED THAT on June 19, 2012, at their regular Board Meeting, the Village President and Board of Trustees of the Village of Mount Prospect will meet, pursuant to the Illinois Compiled Statutes, Chapter 65, Section 5/7 -1 -10, to consider the annexation of its territory, which is described and depicted in Exhibit A, attached hereto and incorporated herein. This Meeting shall commence at 7:00 p.m. and will be held in the Board Room, on the third floor of the Village Hall, 50 South Emerson Street, Mount Prospect, Illinois 60056. M. Lisa Angell / Village Clerk J Village of Mount Prospect Enclosure/ H:ACLKO \WIN \arc annexationWnnexation District Notices 2012 S Busse (ARC) 5_25_12.doc EXHIBIT A LEGAL DESCRIPTION P.I.N. 08-23-101-055-0000 The West 1134.83 feet, as measured on the North and South lines thereof, of the South 164.68 feet, as measured on the East and West lines thereof, of the West '/z of the Northwest '/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, excepting therefrom all that part thereof heretofore used, taken or dedicated for Public Roads and Streets, in Cook County, Illinois. AND P.I.N. 08-23-101-020-0000 Those parts of the North 164.73 feet of the South 650.85 feet (except the North 102.92 feet of the West 261.85 feet of the East 734.96 feet thereof) of the West half of the Northwest quarter of Section 23, and the North 45.91 feet of the South 704.74 feet (except the East 734.96 feet thereof) of the West '/2 of the Northwest quarter of Section 23, all in Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois, described as follows: Commencing at a point on the West line of said Section 23, 540.39 feet North of the South line of the Northwest quarter of said Section 23, aforesaid, for a point beginning; thence East parallel with the South line of said Northwest quarter of distance of 250.0 feet; thence North parallel with the West line of said Section 23 a distance of 125.0 feet; thence West parallel with the said South line of said Northwest Quarter of said Section 23 a distance of 125.0 feet; thence West parallel with the said South line of said Northwest Quarter of said Section 23 a distance of 250.0 feet more or less to a point on the West line of said Section 23; thence South a distance of 125.0 feet more or less to the point of beginning (except that part taken and used for Busse Road) AND P.I.N. 08 -23- 300 - 006 -0000 and 08 -23- 300 - 007 -0000 The North 3 acres of that part of the Southwest 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Southwest 1/4 of Section 23; thence South 12.50 chains, thence East 30 chains to the East line of the West 1/2 of the Southwest 1/4 of Section 23, thence North 12.50 chains to the North Line of quarter section; thence West to the place beginning (except Busse Road), in Cook County, Illinois. Also The South 4 acres of the North 7 acres of that part of the southwest 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, bounded by the following described line; commencing at the Northwest corner of said Southwest 1/4 of Section 23; thence South 12.50 chains, thence East 20 chains to the East line of the West 1/2 of the Southwest 1/4 of Section 23, thence North 12.50 chains to the North line of said quarter section; thence West to the place of beginning (except Busse Road), in Cook County, Illinois. A -1 H: \CLKO \WIN \arc annexation\ARC Legal Description.doc AND P.I.N. 08 -23 -101 -062 Parcel 1: The West 662.08 feet (except the east 90 feet thereof) of the North 10 acres of the South 15 acres of the West 1/2 of the Northwest 1/4 of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian (except that part thereof dedicated for Kenneth Drive per document recorded September 5, 1969 as document 10950179 and except that part falling in Busse Road) in Cook County, Illinois. A -2 H: \CLKO \WIN \arc annexation\ARC Legal Description.doc Village of Mount Prospect Community Development Department \n4 MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JUNE 13, 2012 SUBJECT: ANNEXATION AGREEMENT FOR ARC DISPOSAL Attached to this memorandum is an Annexation Agreement that would allow for the incorporation of several properties that are owned and operated by ARC Disposal into the Village of Mount Prospect. Staff has been negotiating this document for the last several months and recommends that the Village Board approve the agreement after holding a public hearing at their June 1 e meeting. As drafted, the agreement would enable ARC to operate their waste hauling facility in the same manner that they have in the County for the past several decades. The agreement would grandfather several existing non - conforming zoning matters such as lot coverage and setbacks. If the Village Board approves the agreement, the petitioner would then move forward with an application for a text amendment to create a new 12 Waste Hauling District, a map amendment to rezone their properties to the new 12 zoning classification and any necessary variances to address existing conditions on their property. They are hoping to appear before the Planning and Zoning Commission at their July 26 meeting. Please forward this memorandum to the Village Board for their review and consideration at their June 19th meeting. Staff will be present at this meeting to answer any questions related to this matter. William J. C oney, Jr., Al f P RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT AND ARC DISPOSAL, INC. 2101 SOUTH BUSSE ROAD MOUNT PROSPECT, ILLINOIS WHEREAS, ARC DISPOSAL COMPANY, INC., an Illinois corporation (hereinafter the "Owner "), is the owner of the real estate described in Exhibit A of the Annexation Agreement referred to below (hereinafter the "Property "); and WHEREAS, Owner desires to enter into an Annexation Agreement (hereinafter the "Annexation Agreement ") concerning the Property, and is ready, willing and able to enter into said Agreement and to perform the obligations as required thereunder; and WHEREAS, a true and correct copy of such Annexation Agreement is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect, Cook County, Illinois, did hold a public hearing on June 19, 2012 to consider the Annexation Agreement for the annexation of the Property, which is not presently within the corporate limits of any municipality but is contiguous to the Village of Mount Prospect, and WHEREAS, the statutory procedures provided in Chapter 65 ILCS 5/11- 15.1 -1 through 5/11- 15.1 -15, as amended, for the execution of said Annexation Agreement have been complied with; the public hearing on said Agreement having been held pursuant to proper notice; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect, Cook County, Illinois, have determined that it is in the best interests of the Village of Mount Prospect that said Annexation Agreement be entered into by 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, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION 1 : The Preambles hereto are hereby made a part of, and operative provisions of, this Ordinance as fully as if completely repeated at length herein. SECTION 2 : The Corporate Authorities of the Village of Mount Prospect hereby find that it is in the best interests of the Village of Mount Prospect and its residents that the aforesaid "Annexation Agreement" be entered into and executed by said Village of Mount Prospect, with said Agreement to be substantially in the form attached hereto as Exhibit A. SECTION 3: The President, for and on behalf of the Village of Mount Prospect, is hereby authorized within her discretion to execute the Annexation Agreement. SECTION 4 : The President and Village Clerk, for and on behalf of the Village, are hereby authorized to execute any documents and to perform any acts necessary to effect the fulfillment of all the terms and conditions of the Annexation Agreement. SECTION 5 : This Resolution shall be effective immediately from and after its passage by two - thirds of the Corporate Authorities and approval. PASSED and APPROVED this day of June, 2012, by two - thirds of the Corporate Authorities on a roll call vote as follows: AYES: NAYS: ABSENT: ATTEST: M. Lisa Angell Village Clerk Irvana K. Wilks Mayor H: \CLKO \files \WIN \ORDINANCWRC - resolution Annexation Agreement,lune192012.1DOC ARC- resolution Annexation Agreementjune192012 (3).DOC 2 EXHIBIT A ANNEXATION AGREEMENT ARC- resolution Annexation Agreementjune192012 (3).DOC ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (this "Agreement ") is made and entered into this day of _, 2012, by and between the VILLAGE OF MOUNT PROSPECT, Cook County, Illinois, an Illinois home rule municipal corporation ( "Village "), and ARC DISPOSAL COMPANY, INC., an Illinois corporation ( "Owner "; Village and Owner are sometimes collectively referred to herein as the "Parties" and individually, as a "Party "). WITNESSETH: WHEREAS, the Owner is the owner of the property which is the subject of this Agreement and which is legally described on attached Exhibit A ( "Subject Property "); and WHEREAS, the Subject Property consists of approximately 14.1 acres and has street addresses on South Busse Road of 1921, 2069, 2101, 2105, and 3125; and WHEREAS, Owner currently operates multiple waste hauling and office uses on the Subject Property, including, through affiliated companies Allied Waste, Inc. and Republic Services, Inc. ( "Operator ") without limitation, in connection, with waste hauling, collection, transfer, recycling, truck maintenance, parking and container storage and similar activities (the "Existing Facility ") as shown on Exhibit B; and WHEREAS, the annexation of the Subject Property and adjacent unincorporated public rights of way (collectively, the "Annexation Property ") will promote the sound planning and development of the Village as a balanced community and will be beneficial to the Village; and WHEREAS, the Owner desires to have the Annexation Property annexed to the Village, the Village desires to annex the same, and the Owner and Village desire to obtain assurances from each other as to certain matters covered by this Agreement for a period of twenty (20) years from and after the execution of this Agreement; and WHEREAS, the Annexation Property is in unincorporated Cook County but is adjacent and contiguous to the existing boundaries of the Village; and WHEREAS, after due notice as required by law, public hearings on this Annexation Agreement ( "Agreement "), rezoning of the Subject Property to the I -2 Solid Waste Handling District have been held by the Planning and Zoning Commission of the Village; which District as set out in paragraph 3 hereafter, shall be added to the Zoning Ordinance; and WHEREAS, the parties wish to enter into a binding agreement with respect to the annexation of the Annexation Property and for other related matters pursuant to the provisions of Division 15.1 of Article 11 of Chapter 65 of the Illinois Compiled Statutes upon the terms and conditions contained in this Agreement; and WHEREAS, all public hearings and other actions required to be held or taken prior to the adoption and execution of this Agreement, in order to make the same effective, have been held or taken, including all hearings and actions required in connection with the zoning of the Annexation Property, such public hearings and other actions having been held pursuant to public 114258.5 �x xe ;P4 notice as required by law and in accordance with all requirements of law prior to the adoption and execution of this Agreement; and WHEREAS, the sole Owner of record of the Subject Property has signed the petition for annexation of the Subject Property to the Village and there are no electors residing on the Annexation Property; and WHEREAS, the Corporate Authorities of the Village and the Owner deem it to be to the mutual advantage of the parties and in the public interest that the Annexation Property be annexed to the Village and the Existing Facility, be allowed to operate on the Subject Property. NOW, THEREFORE, in consideration of the premises and the mutual promises herein set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals and Introduction The Parties confirm and admit the truth and validity of the representations and recitations set forth in the foregoing recitals. The Parties further acknowledge that the same are material to this Agreement and along with all exhibits to this Agreement are hereby incorporated into this Agreement as though they were fully set forth in this Article I. 2. Annexation Subject to the provisions of Article VII of Chapter 65 of the Illinois Compiled Statutes, the parties agree to do all things necessary or appropriate to cause the Annexation Property to be duly and validly annexed to the Village within thirty (30) days of the adoption, approval and execution of this Agreement. The parties shall cause such annexation to be effective pursuant to the provisions of Section 7 -1 -8 of Chapter 65 of the Illinois Compiled Statutes. The Village shall prepare all documents and ordinances necessary to accomplish this annexation, and cause same to be recorded as required by law. 3. Zoning Prior to annexation of the Annexation Property to the Village as set forth above, the Corporate Authorities shall take action necessary, including requiring the Zoning and Planning Commission and/or Corporate Authorities to hold any required public hearings to create a new I -2 Solid Waste Handling District to the Mount Prospect Zoning Ordinance which would allow as a permitted use the Owners current use of the Annexation Property set the time of annexation of the Annexation Property to the Village as set forth above, the Corporate Authorities shall zone the Annexation Property into the I -2 Industrial District, which District shall allow the following: (1) full operations of the existing facility on the Subject Property and any expansion thereof as provided herein, 24 hours a day, 7 days a week, 365 days a year; (2) operation of Kenneth Drive as a private road as currently configured and constructed; (3) existing and future buildings at an approximate height not to exceed fifty feet (50'), being the approximate height of the tallest building located on the Subject Property as of the date of this Agreement; 2 114258.5 (4) outdoor operations and storage not within an enclosed structure so long as located a minimum of 60 feet from Busse Road; (5) parking at the existing ratios for the existing facilities on the Subject Property with any non - office expansion of the existing facility at a ratio of one parking space per 1,500 net square feet of building space absent approval of a variation; (6) outdoor storage on unimproved or unpaved surfaces; (7) lot coverage ratio for existing improvements and the repair, replacement and modification of existing improvements equal to 100% of lot area; (8) new improvements, including without limitation expansion of existing adjacent buildings, from and after the date of this Agreement on the currently undeveloped parcel identified a "Parcel A" on Exhibit B (the "Site Plan ") shall be in compliance with the Village's Municipal Code, except as modified by the terms of this Agreement, except that Parcel A shall not be required to be subdivided, there will be no lot, yard, building or other setbacks required between Parcel A and any other portion of the Subject Property and requirements for lot coverage and stormwater management, shall only be calculated based on Parcel A and shall not be required to take into account lot coverage, stormwater, subdivision, building code or other requirements related to improvements on the remainder of the Subject Property; and (9) Operator has purchased Cook County vehicle stickers which are valid through June 30, 2013. Village will allow Operator to use these stickers through that date and will issue vehicle stickers at a prorated cost for the remainder of 2013. (10) the Village shall treat all buildings or improvements as shown on Exhibit B as grandfathered pre- existing legal non - conformities and will allow them to be maintained, repaired, replaced and operated in their current condition without modification including, without limitation, exemption from requirements to install new sprinkler systems. (11) Owner agrees to take action to make the installations and maintain the Subject Property as set out in Exhibit C. (12) Use of Compressed Natural Gas ( "CNG "), which the Village acknowledges is a "green" initiative by Operator, to fuel Operator's trucks and installation of the infrastructure necessary to accomplish in accordance with applicable law. 4. Plat of Annexation The Village will review and approve the Plat of Annexation prepared by Owner and shall record a correct Plat of Annexation upon annexation of the Subject Property as provided herein. 5. Kenneth Drive Within ninety (90) days of annexation of the Annexation Property, the Village shall take all actions necessary to vacate Kenneth Drive and to cause the former Kenneth Drive right -of -way to be lawfully conveyed to Owner. As part of such vacation, 114258.5 Village will reserve utility easements for any pre- existing public utilities located in Kenneth Drive. Owner agrees to execute an easement, in form reasonably acceptable to Owner, allowing access to all parcels who are currently adjacent and have driveway access to the Kenneth Drive right -of -way to the private roadway located in the former Kenneth Drive right -of -way subject to on -going payment by the owners of such parcels of a pro rata share of the cost of maintenance, repair and replacement of such roadway. The Village agrees to vacate Kenneth Drive at no cost to Owner. 6. Contributions Village represents and warrants that there are no general obligation bonds of the Elk Grove Fire Protection District (the "District ") or other liabilities of the Subject Property pursuant to 70 ILCS 705/20 except as provided in this section. In reliance upon the foregoing, Owner agrees to reimburse the Village for payments the Village is required to make to the District pursuant to 70 ILCS 705/20 in the currently applicable amount but not to exceed on an annual basis the following amounts (the "Annual Payments ") in their respective years after the year of annexation: A. In 2013 - $56,052.00; and B. In 2014 - $44,841.60; and C. In 2015 - $33,631.20; and D. In 2016 - $22,420.80; and E. In 2017 - $11,210.40. Subject to payment of the Annual Payments, Owner will have no further liability under this Section or pursuant to 70 ILCS 705/20. 7. Subsequent Owners Any subsequent purchasers, including subsequent purchasers of any lots, of all or a portion of the Subject Property by purchasing all or any part of the Subject Property shall by such purchase automatically acknowledge agreement with all of the provisions of this Agreement, and shall be deemed to have done so without any other confirming documentation. 8. Disconnection The Owner and its respective successors and assigns, including all subsequent purchasers of the individual lots, all agree that, except as otherwise provided herein, after annexation of the Subject Property and during the term of this Agreement, subject to Village's compliance with the terms of this Agreement, they will not seek to disconnect any portion or all of the Subject Property from the Village, and that they will oppose any disconnection proceeding that may be filed. 9. Warranties and Representations The Owner represents and warrants to the Village as follows: A. That the legal title holder and the Owner of record of the Subject Property are as set forth on the first page of this Agreement. B. That other than the Owner, no other entity or person has a fee simple or mortgage interest in the Subject Property. 4 11425 8.5 C. That Owner has provided the legal description of the Subject Property set forth in this Agreement and that the legal description is accurate and correct. 10. Village Codes, Ordinances, Rules and Regulations. All codes, ordinances, rules and regulations of the Village relating to permits, building, construction, development, subdivision controls, zoning and flood plains in effect as of the date hereof, except to the extent they are inconsistent with or amended pursuant to the terms and provisions of this Agreement or county, state or federal requirements, and all amendments to the Village codes, ordinances, rules and regulations relating to said matters adopted by the Village pursuant to the terms of this Agreement, shall continue in effect, insofar as they relate to the development of the Subject Property, until the date that is twenty years after the date of this Agreement ( "Designated Date "). All codes, ordinances, rules and regulations of the Village relating to building construction and maintenance which affect development of the Subject Property (other than those codes, ordinances, rules and regulations relating to the payment of fees to the Village which shall be governed by the provisions of Section 11) in effect as of the date of this Agreement shall continue in effect until the Designated Date, except to the extent that said codes, ordinances, rules and regulations are amended on a general basis so as to be applicable to all property situated within the Village (so long as such amendment does not effectively only apply to facilities such as the improvements now or hereafter located on the Subject Property) or to otherwise conform them to the requirements of county, state or federal law or changes in nationally recognized building and safety codes formally adopted by the Village for all properties in the Village. Except as may be specifically provided herein, the terms and provisions of this Agreement shall supersede the provisions of Village codes, ordinances, rules and regulations (whether in effect on the date of this Agreement or subsequently adopted by the Village) which may be in conflict with or more restrictive than said terms and provisions. 11. Fees. A. Village agrees that except as specifically provided in this Agreement no other application, review, filing or other fees are required to be paid to the Village in connection with or attributable to the annexation, rezoning, text amendment and other reviews and approvals provided for pursuant to this Agreement, except ordinary and customary Village fees, subject to the provisions of this Agreement, in connection with further development of the Subject Property from and after the date of this Agreement. B. The Village warrants and represents that no recapture fees, impact fees or other similar payments are due and payable by Owner or any Developer to any person or entity as a result of connection to any Village utility, roadway or other improvements serving Village roadway or other Village improvements serving the Subject Property. C. The Village warrants and represents that no special service area fees, taxes or other similar payments are due and payable by Owner to any person or entity as a result of connection to any Village utility, Village roadway or other Village improvement serving the Subject Property. D. Village shall not require any host, siting, transfer or similar fee in connection with the operation of the Existing Facility or any expansion thereof or as a 5 11425 8.5 condition to support for approval of any governmental approval in connection with such operation. Except if the Owner expands the existing transfer station such that local siting approval is necessary. In this case, the Village may impose a host fee by Village Ordinance, but only to the extent that the fee is based upon the incremental increase in tonnage processed by that transfer station as may be allowed by the new or revised IEPA permit. 12. Severability If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants or portions of this Agreement. If for any reason the annexation or zoning of all or any portion of the Subject Property is ruled invalid, in whole or in part, the Village, as soon thereafter as possible, shall take such actions (including holding public hearings and adopting ordinances and resolutions) as may be necessary to effect the spirit and intent of this Agreement and the objectives of the Parties, as set forth in and evidenced by this Agreement. 13. Grandfatherina of Pre - Existing Conditions Notwithstanding any other provision of the Village Municipal Code or any other rule, requirement, ordinance or other applicable governmental law to the contrary, the Village shall treat all buildings or improvements as grandfathered pre- existing legal non - conformities and will allow them to be maintained, repaired, replaced and operated in their current condition without modification (including, without limitation, exemption from requirements to install new sprinkler systems). Improvements to be installed pursuant to Owner's regular maintenance scheduling shall compy with the Village rules and regulations with regard thereto. The Village hereby agrees to take all actions necessary to enable it to fully comply with the provisions of this section and the rights granted to Owner hereunder, including without limitation approval of any necessary ordinances or resolutions, which rights are a material inducement to Owner's agreement to enter into this Agreement and to annex the Annexation Property to the Village. 14. Mutual Assistance A. General The Parties shall do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms and objectives intentions of the Parties as reflected by or otherwise set forth in this Agreement, including, without limitation, the giving of such notices, the holding or adoption of such resolutions and ordinances, and the taking of such other actions as may be necessary to enable the Parties to comply with and implement the terms and provisions hereof and as may be necessary to give effect to the terms and objectives hereof and the intentions of the Parties as reflected hereby. B. Other Governmental Entities The Parties shall cooperate fully with each other in seeking, without limitation, Federal, State, Illinois Toll Highway Authority, Illinois Department of Transportation, IEPA, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, MWRD and Cook County Forest Preserve District financial and other aid, assistance, review or approval required or useful for the construction, improvement or operation, to the extent contemplated by or consistent with 6 114258.5 15. Preservation of Rights The Parties agree to take no action nor to do anything to void, cancel or otherwise destroy any such rights and obligations in and as to the Subject Property that are inconsistent with the objectives of this Agreement or that are not the subject of this Agreement or treated or addressed herein, either expressly or by implication. 16. Termination A. Notwithstanding any other provision hereof, this Agreement may be terminated and cancelled by the Parties in accordance with the following: (1) by the mutual written agreement of Village and Owner; or (2) by Owner if Village has not taken all actions necessary to grant all of the approvals identified in Sections 2, 3, 4, and 5 of this Agreement, including without limitation, enacting and adopting all necessary ordinances and resolutions in connection therewith, within ninety (90) days after this Agreement, is approved and executed by the Parties; or (3) by Village or Owner if all or any of the Approvals and the other events and transactions contemplated hereby, would violate any nonappealable final order, decree or judgment of any court or governmental body having competent jurisdiction. B. If this Agreement is terminated by either or both Parties as provided herein, then, upon the written request of Owner, Village shall take all actions necessary to disconnect the Subject Property from Village within sixty (60) days following such written request thereof. Such termination shall be without liability of either Party to the other. 17. General Provisions A. Notices Notice or other writings which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: (1) If to the Village or Corporate Authorities: Village President VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street Mount Prospect, Illinois 60056 with a copy to: 1r�r ,41:61 (a) Village Manager VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street Mount Prospect, Illinois 60056 7 (b) Everette M. Hill, Jr. KLEIN, THORPE AND JENKINS, LTD. 20 North Wacker Drive, Suite 1660 Chicago, Illinois 60606 2903 (2) If to the Owner: REPUBLIC SERVICES, INC. Attention: General Counsel 18500 N. Allied Way Phoenix, AZ 85054 and ARC DISPOSAL COMPANY, INC. Attention: General Manager 2101 S. Busse Road Mount Prospect, Illinois 60126 with a copy to: Kenneth T. Kubiesa KUBIESA LAW FIRM, P.C. 340 Butterfield Road, Suite 4B Elmhurst, IL 60126 or to such other address as any party may from time to time designate in a written notice to the other parties. B. Continuity of Obligations (1) The provisions of this Agreement shall inure to the benefit of and shall be binding upon the Owner and its respective successors and assigns, including subsequent purchasers of the individual lots, in any manner in title and shall be binding upon the Village and the successor Corporate Authorities of the Village and any successor municipality. Upon conveyance of all or any portion of the Subject Property, the obligations of Owner with respect to such property and any improvements, infrastructure, costs, fees or liabilities with respect thereto shall automatically and without further action of any Party, be transferred to the entity or person acquiring such portion of the Subject Property and the prior owner of such portions shall automatically and without further action be released of its obligations with respect thereto. (2) All terms and conditions of this Agreement shall constitute covenants running with the land, and shall bind each subsequent record owner of any portion or all (including the individual lots) of the Subject Property. C. Court Contest In the event that the annexation of the Subject Property, the classification of the Subject Property for zoning purposes, or other terms of this Agreement are challenged in any court proceeding by a third party, the period of time 8 114258.5 during which such litigation is pending, including (without limitation) the appeal time therefore, shall not be included, if allowed by law, in calculating the twenty (20) year period mentioned in subparagraph R below. D. Governing Law THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO ITS CHOICE OF LAWS PRINCIPLES. E. Remedies The Village, the Owner and their successors and assigns, covenant and agree that in the event of default of any of the terms, provisions or conditions of this Agreement by any of the parties, or their successors or assigns, which default exists uncorrected for a period of ten (10) days after written notice to any party to such default, the party seeking to enforce said provision shall have the right of specific performance and if said party prevails in a court of law, it shall be entitled to specific performance. It is further expressly agreed by and between the parties hereto that the remedy of specific performance herein given shall not be exclusive of any other remedy afforded by law to the parties, or their successor or successors in title. F. Survival of Representations The parties agree that the representations, warranties and recitals set forth in the preambles to this Agreement are material to this Agreement and the parties hereby confirm and admit their truth and validity and hereby incorporate such representations, warranties and recitals into this Agreement and the same shall continue during the period of this Agreement. G. Exercise of Options The Village, upon approval of this Agreement, exercises the two (2) one (1) year options to extend their Commercial Services Contract dated September 25, 2008, and of the Residential Services Contract dated January 1, 2006. H. Captions, Sections and Paragraph Headings The captions, sections and paragraph headings used herein are for convenience only and are not a part of this Agreement and shall not be used in construing it. I. Reimbursement for Legal and Other Fees and Expenses Neither Party shall be required to reimburse the other Party for expenses incurred in the preparation and review of this Agreement, and any ordinances, letters of credit, plats, easements or other documents relating to the Subject Property, including, without limitation, the following: (a) the costs incurred by either Party for engineering services; and (b) attorneys' fees incurred by either Party in connection with this Agreement and the annexation and zoning of the Subject Property; and (c) miscellaneous expenses, such as legal publication costs, recording fees and copying expenses. 9 114258.5 In the event either Party institutes legal proceedings against the other Party for violation of this Agreement and secures a judgment in its favor, the court having jurisdiction thereof shall determine and include in its judgment against such other Party all expenses of such legal proceedings incurred by the prevailing party in such legal proceeding, including but not limited to the court costs and attorneys' fees, witnesses' fees, etc., incurred by the prevailing Party in connection therewith (and any appeal thereof). The Party who does not prevail in such legal proceedings may, in such Party's sole discretion, appeal any such judgment rendered in favor of the prevailing Party. J. No Waiver or Relinquishment of Right to Enforce Agreement Failure of either Party to insist upon the strict and prompt performance of the terms, covenants, agreements and conditions herein contained, or any of them, upon the other party imposed, shall not constitute or be construed as a waiver or relinquishment of either party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. K. Village Approval or Direction Where Village approval or direction is required by this Agreement, such approval or direction means the approval or direction of the Corporate Authorities of the Village unless otherwise expressly provided herein or required by law, and any such approval may be required to be given only after and if all requirements for granting such approval have been met unless such requirements are inconsistent with the express provisions of this Agreement. L. Recording This Agreement, or a memoranda thereof, and any subsequent amendments thereto or memoranda thereof shall be recorded by the Village in the office of the Recorder of Deeds in Cook County, Illinois at the expense of the Owner. M. Amendment This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the parties relative to the subject matter thereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless authorized in accordance with law and reduced in writing and signed by them. N. Counterparts This Agreement may be executed in two (2) or more counterparts, each of which taken together, shall constitute one and the same instrument. O. Conflict Between the Text and Exhibits In the event of a conflict in the provisions of the text of this Agreement and the Exhibits attached hereto, the text of the Agreement shall control and govern. P. Definition of Village When the term Village is used herein it shall be construed as referring to the Corporate Authorities of the Village unless the context clearly indicates otherwise. 10 114258.5 Q. Execution of Agreement This Agreement shall be signed last by the Village and the President of the Village shall affix the date on which the President signs this Agreement on Page hereof, which date shall be the effective date of this Agreement. R. Term of Agreement This Agreement shall be in full force and effect for a term of twenty (20) years from and after the date of execution of this Agreement. S. Automatic Expiration of Agreement This Agreement shall automatically be void and otherwise invalid if it is not signed by all necessary parties within one hundred and eighty (180) days of the effective date of the Ordinance authorizing the President and Clerk of the Village of Mount Prospect to sign this Agreement on behalf of said Village. T. No Personal Liability The Parties acknowledge and agree that (i) in no event shall any individual, partner, member, shareholder, owner, officer, director, employee, affiliate, beneficiary, or elected or appointed public official of any Party or any Developer, including individuals who are members of the group constituting the corporate authorities of Village and entering into the Agreement in their corporate capacities as members of such group, or its affiliates, be personally liable to another Party for any judgments for monetary damages, payments, obligations or performance due under this Agreement, or any breach or failure of performance of either Party hereunder and (ii) that the sole recourse for payment or performance of the obligations hereunder shall be against the Parties themselves and each of their respective assets and not against any other person, except for such liability as may be expressly assumed by an assignee pursuant to an assignment of, or pursuant to, this Agreement in accordance with the terms hereof. 114258.5 11 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement on the day and year first above written. VILLAGE OF MOUNT PROSPECT, an Illinois municipal home rule corporation By: Name: Title: Village President ARC DISPOSAL COMPANY, INC., an Illinois Corporation By: Name: Title: ATTEST: By: Name: Title: Village Clerk 12 114258.5 ACKNOWLEDGMENTS STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that , personally known to me and the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act on behalf of ARC Disposal Company, Inc. for the uses and purposes therein set forth. GIVEN under my hand and official seal, this day of 2012. Notary Public ACKNOWLEDGMENTS STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that , personally known to me to be the Mayor of the Village of Mount Prospect, and , personally known to me to be the Village Clerk of said municipal corporation, and personally known to be to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and severally acknowledged that as such Mayor and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal, this day of. 2012. Notary Public 114258.5 EXHIBIT A LEGAL DESCRIPTION P.I.N. 08 -23 -101- 055 -0000 The West 1134.83 feet, as measured on the North and South lines thereof, of the South 164.68 feet, as measured on the East and West lines thereof, of the West '/z of the Northwest ' /4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, excepting therefrom all that part thereof heretofore used, taken or dedicated for Public Roads and Streets, in Cook County, Illinois. P.I.N. 08 -23- 101 - 020 -0000 Those parts of the North 164.73 feet of the South 650.85 feet (except the North 102.92 feet of the West 261.85 feet of the East 734.96 feet thereof) of the West half of the Northwest quarter of Section 23, and the North 45.91 feet of the South 704.74 feet (except the East 734.96 feet thereof) of the West '/2 of the Northwest quarter of Section 23, all in Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois, described as follows: Commencing at a point on the West line of said Section 23, 540.39 feet North of the South line of the Northwest quarter of said Section 23, aforesaid, for a point beginning; thence East parallel with the South line of said Northwest quarter of distance of 250.0 feet; thence North parallel with the West line of said Section 23 a distance of 125.0 feet; thence West parallel with the said South line of said Northwest Quarter of said Section 23 a distance of 125.0 feet; thence West parallel with the said South line of said Northwest Quarter of said Section 23 a distance of 250.0 feet more or less to a point on the West line of said Section 23; thence South a distance of 125.0 feet more or less to the point of beginning (except that part taken and used for Busse Road) .0� P.I.N. 08 -23- 300 - 006 -0000 and 08 -23- 300 - 007 -0000 The North 3 acres of that part of the Southwest 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Southwest 1/4 of Section 23; thence South 12.50 chains, thence East 30 chains to the East line of the West 1/2 of the Southwest 1/4 of Section 23, thence North 12.50 chains to the North Line of quarter section; thence West to the place beginning (except Busse Road), in Cook County, Illinois. ".1 Mel The South 4 acres of the North 7 acres of that part of the southwest 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, bounded by the following described line; commencing at the Northwest corner of said Southwest 1/4 of Section 23; thence South 12.50 chains, thence East 20 chains to the East line of the West 1/2 of the Southwest 1/4 of Section 23, thence North 12.50 chains to the North line of said quarter section; thence West to the place of beginning (except Busse Road), in Cook County, Illinois. A -1 H: \CLKO \WIN \arc annexatioMARC Legal Description.doc AND P.I.N. 08 -23 -101 -062 Parcel 1: The West 662.08 feet (except the east 90 feet thereof) of the North 10 acres of the South 15 acres of the West 1/2 of the Northwest 1/4 of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian (except that part thereof dedicated for Kenneth Drive per document recorded September 5, 1969 as document 10950179 and except that part falling in Busse Road) in Cook County, Illinois. A -2 H: \CLKO \WIN \arc annexation\ARC Legal Description.doc EXHIBIT B SITE PLAN OF EXISTING FACILITY (to be attached) B -1 114258.5 EXHIBIT C ADDITIONAL MAINTENANCE AND INSTALLATIONS Site Access New Knox boxes (rapid key entry system) shall be installed for each building which has a fire alarm system. Life Safety Additional directional exit signage shall be installed in the customer service office building located at 2105 S. Busse Road and the corporate office building located at 2101 S. Busse Road. Health/Property Maintenance 1. Grass and weeds on the Subject Property, other than Parcel A on the survey (Exhibit B), shall be maintained below eight inches ( "8 ") in height. 2. Owner shall be responsible for maintaining a commercially reasonable program of bug and rodent control and extermination in all improved buildings. C -1 114258.5 Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JUNE 12, 2012 SUBJECT: 431 KINGSTON COURT — CLASS 6B EXTENSION Attached to this memorandum is a resolution that would grant approval of an extension of a Class 6b property tax incentive for Andrews Products at 431 Kingston Court in the Kensington Business Center. The extension would be for an additional 10 years and would enable Andrews Products to maintain their facility in Mount Prospect. Andrews Products is requesting the Class 6b abatement maintain their taxes at around $1.60 per square foot. If the extension is not granted they estimate that their tax bill would rise to nearly $4 per square foot. Similar properties in nearby Lake and DuPage County range from $1 to $2 per square foot. Please forward this memorandum to the Village Board for their review and consideration at their meeting on June 19th. Staff will be present at that meeting to further discuss this matter. William J. dooney Jr. LAW OFFICES AMARI F3 LOCALLO LEONARD F. AMARI JOSEPH F. LOCALLO. JR. JOHN G. LOCALLO ANTHONY M. FARACE FRANCO A. COLADIPIETRO KATHERINE A. AMARI O'DELL VESNA MARUSIC DANIEL R. LYNCH JOSEPH F. LOCALLO. III 734 NORTH WELLS STREET CHICAGO. ILLINOIS 60654 TELEPHONE (312) 255 -8550 FACSIMILE (312) 255 -8551 www.amariandlocallo.com OF COUNSEL VICTOR J. CACCIATORE MICHAEL V. FAVIA ANTHONY J. FORNELLI CARL J. FRANK PHILLIP C. GOLDSTICK BRUNO J. TASSONE SCOTT D. VERHEY May 22, 2012 Village of Mount Prospect c/o Mr. William Cooney, AICP 50 S. Emerson St. Mount Prospect, IL 60056 RE: Renewal of Class 6B Real Estate Tax Incentive Address: 431 Kingston Court Parcels: 03-35-200-069 Petitioner: Andrews Products Dear Mr. Cooney: We are sending this letter on behalf of Mr. John Andrews, President of Andrews Products, who occupies the real estate located at 431 Kingston Court, Mount Prospect, IL, identified by Property Index numbers 03 -35- 200 - 069 -0000. We hereby formally request a Municipal Resolution from the Village of Mount Prospect which determines that certain real estate, referenced above, is appropriate for the renewal of the 6B real estate tax incentive currently held. Specifically, we are requesting that the Village of Mount Prospect pass a resolution expressly stating, "the Village of Mount Prospect supports and consents to this Class 6B Renewal and has determined that the industrial use of the property is necessary and beneficial to the local economy." The subject property consists of a 45,024 square foot industrial building situated on 122,931 sq. ft. of land. The property is owned by Prairie Dog Properties, a related business entity of Andrews Products. The property is used for the light manufacture of machine parts, most of which are used on motorcycles and vehicles that are a part of the National Association for Stock Car Auto.Racing. The following reasons justify the Village's support of the Renewal of the 6B incentive: 1. Andrews Products, Inc. supports the local schools through donations. 2. Andrews Products, Inc. desires to hire residences of Mount Prospect. 3. Andrews Products, Inc. purchases from local vendors located in Mount Prospect for supplies, maintenance of the building and replacement parts for its machines 4. Andrews Products, Inc. is a proud member of Mount Prospect by making sure the property is cared for, environmentally friendly and has no municipal code violations. , 5. Andrews Products, Inc. has office outings and entertains customers at local restaurants in Mount Prospect. 6. Andrews Products, Inc. employees also use local restaurants, purchase goods and gas in Mount Prospect. 7. By having stable real estate taxes Andrews Products, Inc. can expand and hire more employees. 8. Also, when jobs are being created, Andrews Products, Inc. would consider hiring members of Mount Prospect and alert the Village of any employment opportunities. In addition to the above, we have also attached real estate tax projections based on the following scenarios. 1. Estimated Real Estate Tax projection if the incentive is renewed. 2. Estimated Real Estate Tax projection if the incentive is not renewed. 3. Estimated Real Estate Tax projection if the incentive is not renewed and the building became vacant. The renewal of the 6b incentive will not adjust the tax levy. Assuming that the market value of the property remains consistent and the tax rates remain consistent, the real estate taxes will also remain consistent with the renewal. Also, if the renewal is not granted the building will likely become vacant. As shown in the attached tax projections, a vacant building without the 6b incentive generates a similar tax bill as an occupied building with the incentive. Please let us know, as soon as possible, when this issue can be addressed at a Village meeting. We thank you in advance for your cooperation and attention to these details. As always, please feel free to contact us with any questions or if more information is needed. Enclosures: Andrews Products - Main Page Page 1 of 2 Andrews Products was founded in the spring of 1972 and for 30+ years has specialized in malting camshafts and transmission gears for the performance motorcycle market. On behalf of the entire Andrews Products organization, we proudly present this website to all motorcycle enthusiasts and to the many designers and builders of performance motorcycle engines and transmissions. Please review the pages of this site and see how Andrews Products can help you get the most out of the engine and transmission in your bike. While we started making motorcycle transmission gears and shafts, performance camshafts and related valve gear parts soon became additional, distinct product lines. More new gears sets with better ratios soon followed. The results were gears which easily out- performed anything else available. Their superior performance was quickly recognized by everyone who tried them. The novelty and uniqueness of both the cams and gears resulted in a wave of demand for new Andrews Products cams and gears. And that was only the beginning. Today, Andrews Products is recognized world wide and throughout the Motor Sports community as an industry leader. We utilize state-of- the-an engineering design and manufacturing technology fur producing superior quality camshafts and transmission gears for both street and racing applications. As an industry leader, we at Andrews Products understand what keeps us on top also keeps our customers on top. Over the years and to this day, Andrews Products has made significant investments in new computer controlled production machinery and inspection equipment. Some of these machines are pictured on this website. Strategic purchases in the latest technologies keeps us and our customers right at the leading edge.. With Andrews Products` unique and proprietary processing, innovative design and strict quality control, we can consistently deliver the highest quality camshafts and transmission gears. Many of the customers we now work with include the top Nascar and Busch racing teams as well as other builders of racing engines for the automotive and motorcycle high performance markets. This is a very demanding group of people for whom second best is not an option; they simply demand the best. At Andrews Products, we share with our customers a passion for excellence and will not accept second place. Our customers rely on us to help them achieve top performance. This culture is well established throughout Andrews Products, its people and processes. And whether we are working with top race teams or making parts for street motorcycles, the same technology is used. The entire Andrews Products Team looks forward to helping you achieve top pi In November of 2002, Andrews Products moved into a brand new 45,000 square foot facility in Mt. Prospect, Illinois. As a result, we now operate out of a fully equipped air conditioned facility with everything under one roof. Our main office and manufacturing plant is eleven miles north of Chicago, O'Hare International Airport. We are in one of the world`s great manufacturing areas with easy access to efficient transportation and shipping to anywhere in the US and most foreign countries. We are better equipped than ever to serve all of our customers with the first class quality and support that all of you deserve. Copyright (D 2006, All rights reserved. Andrews Products, Inc. 431 Kingston Ct. Mount Prospect, IL 60056 847 - 759 - 0190 phone 847 - 759 - 0848 fax http:// www. andrewsproducts .com/Subpages/history.htin 6/1/2012 Andrews Products: Company History Petitioner John Andrews Address 431 Kingston Court PIN 03- 35- 200 -069 Land Sq. Ft. 122,931 Building Sq. Ft. 39,981 Teu Fctimnte with Renewal Year 2011 2012 2013 2014 2015 2016 2017 2018 Land Value $4.25 $4.25 $4.34 $4.34 $4.34 $4.42 $4.42 $4.42 Level of Assessment 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% Land Assessment 52,246 52,246 53,291 53,291 53,291 54,356 54,356 54,356 Building Value $1,863,800 $1,863,800 $1,901,076 $1,901,076 $1,901,076 $1,939,098 $1,939,098 $1,939,098 Level of Assessment 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% Building Assessment 186,380 186,380 190,108 190,108 190,108 193,910 193,910 193,910 Total Assessment 238,626 238,626 243,398 243,398 243,398 248,266 248,266 248,266 Estimated Tax Rate 8.05% 8.06% 8.08% 8.10% 8.11% 8.13% 8.14% 8.16% Estimate Muliplier 3.3 3.31 3.311 3.32 3.33 3.33 3.34 3.35 Estimated RE Tax 1 $63,367.29 $63,621.01 $65,153.26 1 $65,414.14 $65,676.05 $67,257.80 $67,527.10 $67,797.48 Estimates and Assumptions ** Land Value was increased 2% at each triennial ** Building Value was increased 2% at each triennial ** Tax Rate was increased .2% each year ** Multiplier was increased .2% each year Petitioner John Andrews Address 431 Kingston Court PIN 03 -35 -200 -069 Land Sq. Ft. 122,931 Building Sq. Ft. 39,981 Tax Estimate with No Renewal Year 2011 2012 2013 2014 2015 2016 2017 2018 Land Value $4.25 $4.25 $4.34 $4.34 $4.34 $4.42 $4.42 $4.42 Level of Assessment 10.00% 15.00% 20.00% 25.00% 25.00% 25.00% 25.00% 25.00% Land Assessment 52,246 78,369 106,581 133,226 133,226 135,891 135,891 135,891 Building Value $1,863,800 $1,863,800 $1,901,076 $1,901,076 $1 $1,939,098 $1,939,098 $1,939,098 Level of Assessment 10.00% 15.00% 20.00% 25.00% 25.00% 25.00% 25.00% 25.00% Building Assessment 186,380 279,570 380,215 475,269 475,269 484,774 484,774 484,774 Total Assessment 238,626 357,939 486,796 608,495 608,495 620,665 620,665 620,665 Estimated Tax Rate 8.05% 8.06% 8.08% 8.10% 8.11% 8.13% 8.14% 8.16% Estimate Muliplier 3.31 3.311 3.31 3.321 3.331 3.341 3.35 Estimated RE Tax 1 $63,367.29 1 $95,431.511 $130,306.53 $163,535.34 1 $164,190.14 15168,144.50 1 $168,817.76 1$169,493.70 Estimates and Assumptions ** Land Value was increased 2% at each triennial ** Building Value was increased 2% at each triennial ** Tax Rate was increased .2% each year ** Multiplier was increased .2% each year Petitioner John Andrews Address 431 Kingston Court PIN 03 -35- 200 -069 Land Sq. Ft. 122,931 Building Sq. Ft. 39,981 Tax Estimate As Vacant Year 2011 2012 2013 2014 2015 2016 2017 2018 Land Value $4.25 $4.25 $4.34 $4.34 $4.34 $4.42 $4.42 $4.42 Level of Assessment 10.00% 15.00% 20.00% 25.00% 25.00% 25.00% 25.00 25.00% Land Assessment 52,246 78,369 106,581 133,226 133,226 135,891 135,891 135,891 Building Value $1,863,800 $1,863,800 $1,9O1,O76 $1,901,076 $1,901,076 $1,939,098 $1,939,098 $1,939,098 Level of Assessment 10.00% 15.00% 20.00% 25.00% 25.00% 25.00% 25.00% 25.00% Building Assessment 186,380 279,570 380,215 47,527 47,527 48,477 48,477 48,477 Total Assessment 238,626 357,939 486,796 180,753 180,753 184,368 184,368 184,368 Estimated Tax Rate 8.05% 8,06% 8.08% 8.10% 8.11% 8.13% 8.14% 8.16% Estimate Muliplier 3.3 3.31 3.31 3.32 3.33 3.33 3.34 3.35 Estimated RE Tax $63,367.29 $95,431.51 $130,306.53 $48,578.12 $48,772.62 $49,947.27 $50,147.26 $50,348.05 Estimates and Assumptions ** Land Value was increased 2% at each triennial ** Building Value was increased 2% at each triennial ** Tax Rate was increased .2% each year ** Multiplier was increased .2% each year ** Building Becomes vacant in 2014 ** Assessor applies a 10% occupancy factor to the building assessment.. �.I RESOLUTION NO. A RESOLUTION IN SUPPORT OF ANDREWS PRODUCTS, 431 KINGSTON COURT, MOUNT PROSPECT, ILLINOIS, MAKING APPLICATION FOR AN EXTENSION OF COOK COUNTY CLASS 6B TAX ABATEMENT WHEREAS, the Village of Mount Prospect encourages community development to provide for economic growth and career opportunities; and WHEREAS, through property tax incentives offered by Cook County, various opportunities exist for industrial properties in the Village of Mount Prospect, Cook County; and WHEREAS, without the Cook County property tax incentives, the Village of Mount Prospect is at a competitive disadvantage with the neighboring counties of Lake and DuPage in attracting industrial development; and WHEREAS, ANDREWS PRODUCTS, has requested the Village of Mount Prospect support its application for Extension of the Class 6B Real Property Classification at 431 Kingston Court, Mount Prospect, Cook County (Property); and WHEREAS, the corporate authorities of the Village of Mount Prospect believe that their request is in the best interest of the economic development in 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 the President and Board of Trustees of the Village of Mount Prospect do hereby support and consent to the application for the Class 6B Renewal from Cook County for the Property located at 431 Kingston Court and legally described as: LOT 5 EXCEPT THE NORTH 18 FEET) IN KENSINGTON CENTER RESUBDIVISION 25 OF LOT 701 IN KENSINGTON CENTER PHASE 6, A RESUBDIVISION OF OUTLOT 1 IN KENSINGTON CENTER PHASE 3 -A, A SUBDIVISION AND A RESUBDIVSION IN PART OF THE NORTHWEST' /4 AND THE NORTHEAST' /4 OF SECTION 35 TOGETHER WITH PART OF THE EAST' /2 OF THE NORTHWEST' /4 AND PART OF THE NORTHEAST' /4 OF SECTION 35 TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. SECTION TWO: That the Village of Mount Prospect supports industrial growth, increased employment and economic development and the "property' is in furtherance of this goal. Page 2/2 431 Kingston Court Class 6B Tax Abatement SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. /_\'Ix -1 10 MAY, yI PASSED and APPROVED this day of June, 2012. Irvana K. Wilks Mayor M. Lisa Angell Village Clerk H: \CLKO \WIN \MEMOS \RESOLUTION \Class 6 tax abatement431 kingstoncourtjune2012.doc Village of Mount Prospect Fire Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: FIRE CHIEF DATE: JUNE 1, 2012 SUBJECT: ILLINOIS EMERGENCY MANAGEMENT MUTUAL AID AGRE The Fire Department is requesting the Village Board enter into an intergovernmer agreement with the Illinois Emergency Services Management Association (IESMA) to authorize Mount Prospect's participation in statewide mutual aid for emergency management purposes. Background The Illinois Emergency Services Management Association (IESMA), comprised of local emergency management staff from across the state, serves as the platform for enhancing the emergency management profession in Illinois. One of IESMA's primary functions is coordinating and overseeing the Illinois Emergency Management Mutual Aid System (IEMMAS) program, an emergency management mutual aid system. IEMMAS, in the emergency management profession, is the equivalent of the Mutual Aid Box Alarm System ( MABAS) for the fire service and the Illinois Law Enforcement Alarm System (ILEAS) for the police. The system provides the framework for local government organizations to assist one another during local emergencies or disasters. Joining IEMMAS would allow the Village to request additional emergency management resources (i.e. personnel, vehicles /equipment and services) when our local resources are overwhelmed. It would also give the Village the ability to send local resources to communities stricken by local emergencies. As with MABAS and ILEAS, the Village would retain the right to determine its own needs and /or ability to send local resources to other areas of the state. Recommendation Based on the information provided, I recommend that the Village Board adopt the attached Resolution and enter in to an intergovernmental agreement with the Illinois Emergency Services Management Association to become a member of the Illinois Emergency Management Mutual Aid System (Exhibit A). John J. Malcolm Attachments JM /cl M: \1 Arch ives\2012\0 1 June \EM Mutual Aid - VB Memo (6- 01- 12).docx Exhibit A Illinois Emergency Management MUTUAL AID SYSTEM AGREEMENT This Agreement made and entered into the date set forth next to the signature of the respective parties, by and between the units of local government subscribed hereto (hereafter "Unit(s)" that have approved this Agreement and adopted same in manner as provided by law and are hereafter listed at the end of this Agreement. WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and, WHEREAS, the "Intergovernmental Cooperation Act ", 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; and, WHEREAS, Section 5 of the Intergovernmental Cooperation Act, 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and, WHEREAS, the parties hereto have determined that it is in their best interests to enter into this Agreement to secure to each the benefits of mutual aid in emergency management and the protection of life and property from an emergency or disaster; and, Exhibit A WHEREAS, the parties hereto have determined that it is in their best interests to form an association to provide for communications procedures, training and other necessary functions to further the provision of said protection of life and property from an emergency or disaster. NOW, THEREFORE, in consideration of the foregoing recitals, the Unit's membership in the Illinois Emergency Management Mutual Aid System (IEMMAS) and the covenants contained herein, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION ONE Purpose It is recognized and acknowledged that in certain situations, such as, but not limited to, emergencies, natural disasters, man -made catastrophes and special events, the use of an individual Member Unit's personnel and equipment to perform functions outside the territorial limits of the Member Unit is desirable and necessary to preserve and protect the health, safety and welfare of the public. It is further expressly acknowledged that in certain situations, such as the aforementioned, the use of other Member Unit's personnel and equipment to perform functions within the territorial limits of a Member Unit is desirable and necessary to preserve and protect the health, safety and welfare of the public. Further, it is acknowledged that coordination of mutual aid through the Illinois Emergency Management Mutual Aid System is desirable for the effective and efficient provision of mutual aid. Exhibit A SECTION TWO Definitions For the purpose of this Agreement, the following terms as used in this agreement shall be defined as follows: A. "Illinois Emergency Management Mutual Aid System" (hereinafter referred to as "IEMMAS "): A definite and prearranged plan whereby response and assistance is provided to a affected /stricken Unit by the Aiding Unit(s) in accordance with the system established and maintained by the IEMMAS member Units and amended from time to time; B. "Member Unit ": A unit of local government including but not limited to a city or county having an Emergency Management Program accredited /certified by the State of Illinois, or an intergovernmental agency and the units of which the intergovernmental agency is comprised which is a party to the IEMMAS Agreement and has been appropriately authorized by the governing body to enter into such agreement, and to comply with the rules and regulations of IEMMAS; C. "Affected /stricken Unit ": A Member Unit which requests aid through the Illinois Emergency Management Agency in the event of an emergency: D. "Aiding Unit ": A Member Unit furnishing equipment, personnel, and /or services to an affected /stricken Unit; E. "Emergency /Disaster ": An occurrence or condition in a Member Unit's territorial jurisdiction which results in a situation of such magnitude and /or consequence Exhibit A that it cannot be adequately handled by the affected / stricken Unit and such that a Member Unit determines the necessity and advisability of requesting aid. F. "IEMA Regions ": The geographically associated Member Units or unit of which have been grouped for operational efficiency and representation of those Member Units. G. "Training ": The regular scheduled practice of emergency procedures during non- emergency drills /exercise to implement the necessary joint operations of IEMMAS. H. "IESMA -MST Committee ": The governing body of IEMMAS is comprised of the IEMMAS Team Leaders and Assistant Team Leaders, of whom are members of the Illinois Emergency Services Management Association. I. "Mobile Support Team ": A group of emergency management personnel, who are members of Member Units and who are approved by the IEMMAS Executive Board and operate under guidelines as established by the IEMMAS Executive Board. J. "Special Event ": A non - routine event that places a strain on a Member Unit's resources that may involve a large number of people and that such event requires additional planning, preparation and mitigation for public safety. SECTION THREE Authority and Action to Effect Mutual Aid A. The Member Units hereby authorize and direct their respective Emergency Manager / Coordinator or his designee to take necessary and proper action to Exhibit A render and /or request mutual aid from the other Member Units in accordance with the policies and procedures established and maintained by the IEMMAS Member Units. The aid rendered shall be to the extent of available personnel and equipment not required for adequate protection of the territorial limits of the Aiding Unit. The judgment of the Emergency Manager / Coordinator, or his designee, of the Aiding Unit shall be final as to the personnel and equipment available to render aid. B. Whenever an emergency / disaster or special event occurs and conditions are such that the Emergency Manager / Coordinator, or his designee, of the affected / stricken Unit determines it advisable to request aid pursuant to this Agreement he shall notify IEMA of the nature and location of the emergency / disaster Z special event and the type and amount of equipment and personnel and /or services requested from the IEMMAS, including the activation of Mobile Support Teams. C. The Emergency Manager / Coordinator, or his designee, of the Aiding Unit shall take the following action immediately upon being requested for aid: 1. Establish the incident command system at the site of the emergency. 2. Determine what equipment, personnel and /or services is requested according to the system maintained by IEMMAS; 3. Determine if the requested equipment, personnel, and /or services can be committed in response to the request from the affected /stricken Unit; 4. Dispatch immediately the requested equipment, personnel and /or Exhibit A services, to the extent available, to the location of the emergency reported by the affected /stricken unit in accordance with the procedures of IEMMAS; 5. Notify the affected / stricken unit if any or all of the requested equipment, personnel and /or services cannot be provided. SECTION FOUR Incident Management System The National Incident Management System shall be the standard under which this Agreement shall function. The purpose of the incident management system shall be to provide structure and coordination to the management of emergency incident operations in order to provide for the safety and health of emergency service organization personnel and other persons involved in those activities. Personnel dispatched to aid a party pursuant to this Agreement shall remain employees of the Aiding Unit. Personnel rendering aid shall report for direction and assignment at the scene of the emergency to the State Incident Commander at the Forward Command Post. The party rendering aid shall at all times have the right to withdraw any and all aid upon the order of its Emergency Manager / Coordinator or his designee; provided, however, that the party withdrawing such aid shall notify the State Incident Commander at the Forward Command Post of the withdrawal of such aid and the extent of such withdrawal. Exhibit A SECTION FIVE Compensation for Aid Equipment, personnel, and /or services provided pursuant to this Agreement shall be at no charge to the party requesting aid; however, any expenses recoverable from third parties shall be equitably distributed among responding parties. Nothing herein shall operate to bar any recovery of funds from any state or federal agency under any existing statutes. SECTION SIX Insurance Each party hereto shall procure and maintain, at its sole and exclusive expense, insurance coverage, including: personal injury, property damage. No party hereto shall have any obligation to provide or extend insurance coverage for any of the items enumerated herein to any other party hereto or its personnel. The State of Illinois shall provide workman compensation and comprehensive liability insurance. Upon request, Member Units shall provide such evidence as herein provided to the IEMMAS members. SECTION SEVEN Indemnification Each party hereto agrees to waive all claims against all other parties hereto for any loss, damage, personal injury or death occurring in consequence of the performance of this Mutual Aid Agreement; provided, however, that such claim is not a result of gross negligence or willful misconduct by a party hereto or its personnel. Each party requesting or providing aid pursuant to this Agreement hereby expressly agrees to hold harmless, indemnify and defend the party rendering aid and its personnel from Exhibit A any and all claims, demands, liability, losses, suits in law or in equity which are made by a third party. This indemnity shall include attorney fees and costs that may arise from providing aid pursuant to this Agreement. Provided, however, that all employee benefits, wage and disability payments, pensions, worker's compensation claims, damage to or destruction of equipment and clothing, and medical expenses of the party rendering aid shall be the sole and exclusive responsibility of the respective party for its employees, provided, however, that such claims made by a third party are not the result of gross negligence or willful misconduct on the part of the party rendering aid. The obligations and duties set forth in this Section shall survive the end or termination of this Mutual Aid Agreement. SECTION EIGHT Non - Liability for Failure to Render Aid The rendering of assistance under the terms of this Agreement shall not be mandatory if local conditions of the Aiding Unit prohibit response. It is the responsibility of the Aiding Unit to immediately notify the affected / stricken unit of the Aiding Unit's inability to respond; however, failure to immediately notify the affected / stricken unit of such inability to respond shall not constitute evidence of noncompliance with the terms of this section and no liability may be assigned. No liability of any kind or nature shall be attributed to or be assumed, whether expressly or implied, by a party hereto, its duly authorized agents and personnel, for failure or refusal to render aid. Nor shall there be any liability of a party for withdrawal of aid once provided pursuant to the terms of this Agreement. Exhibit A SECTION NINE Term This Agreement shall be in effect for a term of one year from the date of signature hereof and shall automatically renew for successive one -year terms unless terminated in accordance with this Section. Any party hereto may terminate its participation in this Agreement at any time, provided that the party wishing to terminate its participation in this Agreement shall give written notice to the IEMMAS specifying the date of termination, such notice to be given at least 90 calendar days prior to the specified date of termination of participation. The written notice provided herein shall be given by personal delivery, registered mail or certified mail. SECTION TEN Effectiveness This Agreement shall be in full force and effective upon approval by the parties hereto in the manner provided by law and upon proper execution hereof. SECTION ELEVEN Binding Effect This Agreement shall be binding upon and inure to the benefit of any successor of entity which may assume the obligations of any party hereto. Provided, however, that this Agreement may not be assigned by a Member Unit without prior written consent of the parties hereto; and this Agreement shall not be assigned by IEMMAS without prior written consent of the parties hereto. Exhibit A SECTION TWELVE Validit The invalidity of any provision of this Agreement shall not render invalid any other provision. If, for any reason, any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severable and this Agreement may be enforced with that provision severed or modified by court order. SECTION THIRTEEN Notices All notices hereunder shall be in writing and shall be served personally, by registered mail or certified mail to the parties at such addresses as may be designated from time to time on the IEMMAS mailing lists or, to other such addresses as shall be agreed upon. SECTION FOURTEEN Governing Law This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of Illinois. SECTION FIFTEEN Execution in Counterparts This Agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitute and be deemed as one and the same document. Exhibit A SECTION SIXTEEN IESMA -MST Committee The IESMA -MST Committee is hereby identified as the authority to consider, adopt and amend from time to time, as needed, rules, procedures, by -laws and any other matters deemed necessary. The IESMA -MST Committee shall consist of 3 members appointed from within each IEMMAS region, who shall serve as the voting representative of said region on IEMMAS matters, and may appoint a designee to serve temporarily in his stead. Such designee shall be from within the respective region and shall have all rights and privileges attendant to a representative of that region. The IESMA Executive Board as provided for in the by laws shall coordinate the activities of the IEMMAS. SECTION SEVENTEEN Duties of the IESMA -MST Committee The IESMA -MST Committee shall meet regularly to conduct business and to consider and publish the rules and procedures of the IEMMAS. SECTION EIGHTEEN Rules and Procedures Rules, procedures of the IEMMAS shall be established by the IESMA -MST Committee as deemed necessary from time to time for the purpose of administrative functions, the exchange of information and the common welfare of the IEMMAS. Exhibit A SECTION NINETEEN Amendments This Agreement may only be amended by written consent of all the parties hereto. This shall not preclude the amendment of rules, procedures of the IEMMAS as established by the IESMA -MST Committee to this Agreement. The undersigned unit of local government or public agency hereby has adopted, and subscribes to, and approves this MUTUAL AID SYSTEM Agreement to which this signature page will be attached, and agrees to be a party thereto and be bound by the terms thereof. This Signatory certifies that this Illinois Emergency Management Mutual Aid System Agreement has been adopted and approved by ordinance, resolution, or other manner approved by law, a copy of which document is attached hereto. President Illinois Emergency Service Management Association IEMMAS Chairperson Irvana K. Wilks, Mayor Mount Prospect, Illinois ATTEST: M. Lisa Angell, Village Clerk Mount Prospect, Illinois DATE DATE DATE DATE RESOLUTION NO. A RESOLUTION AUTHORIZING PARTICIPATION AS A MEMBER IN THE ILLINOIS EMERGENCY MANAGEMENT MUTUAL AID SYSTEM RESPONSE PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE ILLINOIS EMERGENCY SERVICES MANAGEMENT ASSOCIATION FOR THE ESTABLISHMENT OF A MUTUAL AID INTERGOVERNMENTAL SERVICE AGREEMENT WHEREAS, the Village of Mount Prospect has long since, pursuant to Ordinance, established an Emergency Management Agency /Emergency Services and Disaster Agency of the Village of Mount Prospect pertaining to appropriate functions in the case of an emergency; and WHEREAS, it is recognized that at any given time emergency situations may occur that are beyond the capacities of the Mount Prospect Emergency Management Agency/ Emergency Services and Disaster Agency to deal effectively with in terms of personnel, equipment and material resources; and WHEREAS, in adopting the Illinois Emergency Management Mutual Aid System Intergovernmental Service Agreement the Village of Mount Prospect, as one of the Members thereof, hereby expresses its intent to assist a nearby member jurisdiction by assigning as appropriate some of its personnel equipment or material resources to the requesting member municipality as situations allow; and WHEREAS, said Service Agreement is authorized by the Illinois Emergency Management Act, Section 3305/13 and pursuant to the Ordinances of the Village of Mount Prospect allowing for the participation in various mutual aid agreements; and WHEREAS, it is in the best interests of the Village of Mount Prospect to provide as much as possible for assistance to the residents of the Village of Mount Prospect and other Members of said Mutual Aid Service Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION 1: That the above and foregoing recitals are incorporated as findings of fact in this Resolution. SECTION 2: That the Village of Mount Prospect may participate as a Member of the Illinois Emergency Management Mutual Aid System pursuant to that certain Mutual Aid Intergovernmental Service Agreement which is attached to this Resolution hereto and incorporated herein and identified as "Exhibit A ". SECTION 3: That the Village President is hereby authorized to execute, on behalf of the Village of Mount Prospect, said Agreement and that the Village Clerk of the Village of Mount Prospect is authorized to attest to said Agreement. AYES: NAYES: ABSENT: PASSED AND APPROVED THIS 19 day of June, 2012. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR IRVANA WILKS BOARD OF TRUSTEES FROM: MICHAEL E. JANONIS DATE: JUNE 14, 2012 RE: VIDEO GAMING In 2009, Governor Pat Quinn signed into law House Bill 255 also known as the Video Gaming Act. This Act allows certain liquor establishments to legally operate up to five video gaming terminals (video poker machines) whereby a patron of the establishment can place up to a $2.00 wager and receive a maximum $500.00 pay out. Only establishments that serve liquor by the drink are eligible to operate the terminals. There are also certain geographic and interior physical limitations contained in the Act that would render otherwise eligible establishments ineligible to operate the terminals. Staff has made a preliminary determination of which license holders might be eligible under the Act. The Act provides that municipalities, who sanction video gaming terminals, may share in a portion of the "tax" imposed by the State on net terminal income, in proportion to the tax revenue generated within the municipality. The Act also allows a municipality to prohibit video gaming terminals, either by ordinance or referendum; in which case there is no revenue sharing. As the result of discussions at the September 8, 2009 Committee of the Whole meeting, it was the consensus of the Village Board to adopt Ordinance 5761 establishing a moratorium on the use of said terminals within Mount Prospect until such time as the State Gaming Board (SGB) issues final rules pursuant to the Act. The SGB has indicated it will be promulgating rules covering the operation and oversight of said devices in August or September. It is appropriate at this time for the Village Board to discuss and decide whether to allow or prohibit the licensing of video poker terminals in eligible Mount Prospect liquor establishments. Appropriate staff will be present to answer questions and facilitate discussion. Village Manage Complete Prohibition ORDINANCE NO. AN ORDINANCE PROHIBITING VIDEO GAMING WITHIN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Video Gaming Act (230 ILCS 40/1 et seg. PA 96 -0034) became law July 13, 2009 and allows licensed retail establishments to cq&uct video gambling; and WHEREAS, the Village President and Board of T Prospect commend the General Assembly and Governs, need for investment in roads and infrastructure in t flexibility in terms of the implementation of video er; WHEREAS, recognizing that some Illis prohibit video gambling, Section 27 of the Video municipalities to prohibit video gaming by ordinan limits or unincorporated areas; and % states such as abandoned experiments with the legaliz difficulties, corruption, and the high soci and and at higher rates Technology; aJ3LL that ill the 111 regulato WHEREPq with our desire to the Village of Mount k ing the critical Ift for providing 19orth Carolina have ause of regulatory this form of gambling; entice people to play longer, faster by the Massachusetts Institute of ent and Board of Trustees of this Village agree fit a variety of adverse impacts on residents of corruption, impact on the costs of law enforcement, costs; and Rization of video poker within the Village is not consistent a family - friendly environment for citizens and their children. NOW, THERLEFORE, BE IT ORDAINED that the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, acting pursuant to its home rule powers, as follows: SECTION 1: The Village of Mount Prospect exercises its right, under Section 27 of the Illinois Video Gaming Act (230 ILCS 40/1 et se q.), to prohibit video gaming within the Village of Mount Prospect effective immediately_ �e to and their respective corporate 240333_1 Complete Prohibition SECTION 2: A new Section 25.503.1 shall be added to Chapter 23 entitled "Offenses and Miscellaneous Regulations ", Article V entitled "Gambling" of the Mount Prospect Village Code as follows: Sec. 23.503.1 VIDEO GAMING PROHIBITED. Video gaming, as that term is defined in the Illinois Video Gaming Act (230 ILCS 40/1 et se g. is prohibited. A video gaming license issued by the State of Illinois is not effective within the Village of Mount Prospect. I&, SECTION 3: This Ordinance shall be in full force passage, approval and publication as required by law. , SECTION 4: The Village Clerk is hereby pamphlet form, such pamphlets to be available t Clerk's office. PASSED and APP M. Lisa Angell Village Clerk Ordinance in h@ Village 2009. from and after its 240333_1 ORDINANCE CURRENTLY IN EFFECT ORDINANCE NO. 5761 AN ORDINANCE CONCERNING THE ILLINOIS VIDEO GAMING ACT Preamble WHEREAS, the Village of Mount Prospect is a home rule unit by virtue of the Illinois Constitution of 1970; and WHEREAS, Public Act 96 -34 (House Bill 255) created the Illinois Video Gaming Act, as further amended by Public Act 96 -37 (House Bill 2424) and Public Act 96 -38 (Senate Bill 349) (collectively "Acts ") all of which were approved on July 13, 2009; and WHEREAS, the Acts, although effective upon approval, are subject to a rulemaking process to be undertaken by the Illinois Gaming Board ( "Gaming Board"); and WHEREAS, the Acts mandate that the Board develop and adopt emergency rulemaking within sixty (60) days of July 13, 2009 for the purpose of implementing the provisions of the Acts; and WHEREAS, despite the rulemaking mandate, the Chairman of the Gaming Board has publicly indicated that it may take as long as 18 months to implement a rulemaking process; and WHEREAS, in the interim, and in the absence of rulemaking adopted by the Board, the Village of Mount Prospect desires that no video gaming terminal, as that term is also defined in the Acts, be installed anywhere within the Village without prior Village approval. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, acting pursuant to their home rule powers, as follows: SECTION 1: The Preamble is made a part of this ordinance. SECTION 2: No video gaming terminals shall be installed within the Village of Mount Prospect without the prior approval of the Village. The Village's review of any request to install video gaming terminals, absent adopted rulemaking of the Gaming Board, will be based upon the Village Board's interpretation of the legislative intent and language of the Acts. SECTION 3: The intent of this Ordinance, in the absence of final rules by the Gaming Board, is to permit the Village to regulate any and all requests for the installation of video gaming terminals. SECTION 4: The Village reserves the right to adopt an ordinance, completely prohibiting video gaming within the corporate limits of the Village of Mount Prospect, as set forth in Section 27- Prohibition of Video Gaming by Political Subdivision of Public Act 96 -34 (House Bill 255). SECTION 5: This Ordinance shall be in full force and effect from and after its passage, and approval publication as required by law. SECTION 6: The Village Clerk is hereby ordered to publish this Ordinance in pamphlet form, such pamphlets to be available to the general public at the Village Clerk's office. ORDINANCE NO. 5', age 2 1 AYES: Hoefert, Juracek, Kom, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 15"' day of September, 2009. ZA"r7id hvzl" - �'Xzvllw' I ana K. VVIIks Mayor ATTEST: M. Lisa Angell Village Clerk HACLKO\W WORDINANCEZVideo Gaming Ordinance 2a.rtf • Public Act 096 -0034 HB0255 Enrolled AN ACT concerning revenue. LRB096 03503 HLH 13528 b Be it enacted by the People of the State of Illinois, represented in the General Assembly: ARTICLE 5. Section 1. Short title. This Article may be cited as the Video Gaming Act. Any references in this Article to "this Act" mean this Article. Section 5. Definitions. As used in this Act: "Board" means the Illinois Gaming Board. "Credit" means 5, 10, or 25 cents either won or purchased by a player. "Distributor" means an individual, partnership, or corporation licensed under this Act to buy, sell, lease, or distribute video gaming terminals or major components or parts of video gaming terminals to or from terminal operators. "Terminal operator" means an individual, partnership or corporation that is licensed under this Act and that owns, services, and maintains video gaming terminals for placement in licensed establishments, licensed fraternal establishments, or licensed veterans establishments. "Licensed technician" means an individual who is licensed under this Act to repair, service, and maintain video gaming Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b terminals. "Manufacturer" means an individual, partnership, or corporation that is licensed under this Act and that manufactures or assembles video gaming terminals. "Supplier" means an individual, partnership, or corporation that is licensed under this Act to supply major components or parts to video gaming terminals to licensed terminal operators. "Net terminal income" means money put into a video gaming terminal minus credits paid out to players. "Video gaming terminal" means any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, authorized by the Board utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only. "Licensed establishment" means any licensed retail establishment where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises. "Licensed establishment" does not include a facility operated by an organization licensee, an intertrack wagering licensee, or an intertrack wagering location licensee licensed under the Illinois Horse Racing Act of 1975 or a riverboat licensed under Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b the Riverboat Gambling Act. "Licensed fraternal establishment" means the location where a qualified fraternal organization that derives its charter from a national fraternal organization regularly meets. "Licensed veterans establishment" means the location where a qualified veterans organization that derives its charter from a national veterans organization regularly meets. "Licensed truck stop establishment" means a facility that is at least a 3 -acre facility with a convenience store and with separate diesel islands for fueling commercial motor vehicles and parking spaces for commercial motor vehicles as defined in Section 18b -101 of the Illinois Vehicle Code. Section 15. Minimum requirements for licensing and registration. Every video gaming terminal offered for play shall first be tested and approved pursuant to the rules of the Board, and each video gaming terminal offered in this State for play shall conform to an approved model. The Board may utilize the services of an independent outside testing laboratory for the examination of video gaming machines and associated equipment as required by this Section. Each approved model shall, at a minimum, meet the following criteria: (1) It must conform to all requirements of federal law and regulations, including FCC Class A Emissions Standards. Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b (2) It must theoretically pay out a mathematically demonstrable percentage during the expected lifetime of the machine of all amounts played, which must not be less than 800. Video gaming terminals that may be affected by skill must meet this standard when using a method of play that will provide the greatest return to the player over a period of continuous play. (3) It must use a random selection process to determine the outcome of each play of a game. The random selection process must meet 99% confidence limits using a standard chi - squared test for (randomness) goodness of fit. (4) It must display an accurate representation of the game outcome. (5) It must not automatically alter pay tables or any function of the video gaming terminal based on internal computation of hold percentage or have any means of manipulation that affects the random selection process or probabilities of winning a game. (6) It must not be adversely affected by static discharge or other electromagnetic interference. (7) It must be capable of detecting and displaying the following conditions during idle states or on demand: power reset; door open; and door just closed. (8) It must have the capacity to display complete play history (outcome, intermediate play steps, credits available, bets placed, credits paid, and credits cashed Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b out) for the most recent game played and 10 games prior thereto. (9) The theoretical payback percentage of a video gaming terminal must not be capable of being changed without making a hardware or software change in the video gaming terminal. (10) Video gaming terminals must be designed so that replacement of parts or modules required for normal maintenance does not necessitate replacement of the electromechanical meters. (11) It must have nonresettable meters housed in a locked area of the terminal that keep a permanent record of all cash inserted into the machine, all winnings made by the terminal printer, credits played in for video gaming terminals, and credits won by video gaming players. The video gaming terminal must provide the means for on- demand display of stored information as determined by the Board. (12) Electronically stored meter information required by this Section must be preserved for a minimum of 180 days after a power loss to the service. (13) It must have one or more mechanisms that accept cash in the form of bills. The mechanisms shall be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means. (14) It shall have accounting software that keeps an electronic record which includes, but is not limited to, Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b the following: total cash inserted into the video gaming terminal; the value of winning tickets claimed by players; the total credits played; and the total credits awarded by a video gaming terminal. (15) It shall be linked by a central communications system to provide auditing program information as approved by the Board. In no event may the communications system approved by the Board limit participation to only one manufacturer of video gaming terminals by either the cost in implementing the necessary program modifications to communicate or the inability to communicate with the central communications system. (16) It shall be able to receive and broadcast amber alert messages. Section 20. Direct dispensing of receipt tickets only. A video gaming terminal may not directly dispense coins, cash, tokens, or any other article of exchange or value except for receipt tickets. Tickets shall be dispensed by pressing the ticket dispensing button on the video gaming terminal at the end of one's turn or play. The ticket shall indicate the total amount of credits and the cash award, the time of day in a 24 -hour format showing hours and minutes, the date, the terminal serial number, the sequential number of the ticket, and an encrypted validation number from which the validity of the prize may be determined. The player shall turn in this Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b ticket to the appropriate person at the licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment to receive the cash award. The cost of the credit shall be 5 cents, 10 cents, or 25 cents, and the maximum wager played per hand shall not exceed $2. No cash award for the maximum wager on any individual hand shall exceed $500. Section 25. Restriction of licensees. (a) Manufacturer. A person may not be licensed as a manufacturer of a video gaming terminal in Illinois unless the person has a valid manufacturer's license issued under this Act. A manufacturer may only sell video gaming terminals for use in Illinois to persons having a valid distributor's license. (b) Distributor. A person may not sell, distribute, or lease or market a video gaming terminal in Illinois unless the person has a valid distributor's license issued under this Act. A distributor may only sell video gaming terminals for use in Illinois to persons having a valid distributor's or terminal operator's license. (c) Terminal operator. A person may not own, maintain, or place a video gaming terminal unless he has a valid terminal operator's license issued under this Act. A terminal operator may only place video gaming terminals for use in Illinois in licensed establishments, licensed truck stop establishments, Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b licensed fraternal establishments, and licensed veterans establishments. No terminal operator may give anything of value, including but not limited to a loan or financing arrangement, to a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment as any incentive or inducement to locate video terminals in that establishment. Of the after -tax profits from a video gaming terminal, 50% shall be paid to the terminal operator and 50% shall be paid to the licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment. No terminal operator may own or have a substantial interest in more than 5% of the video gaming terminals licensed in this State. (d) Licensed technician. A person may not service, maintain, or repair a video gaming terminal in this State unless he or she (1) has a valid technician's license issued under this Act, (2) is a terminal operator, or (3) is employed by a terminal operator, distributor, or manufacturer. (e) Licensed establishment. No video gaming terminal may be placed in any licensed establishment, licensed veterans establishment, licensed truck stop establishment, or licensed fraternal establishment unless the owner or agent of the owner of the licensed establishment, licensed veterans establishment, licensed truck stop establishment, or licensed fraternal establishment has entered into a written use agreement with the terminal operator for placement of the Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b terminals. A copy of the use agreement shall be on file in the terminal operator's place of business and available for inspection by individuals authorized by the Board. A licensed establishment, licensed truck stop establishment, licensed veterans establishment, or licensed fraternal establishment may operate up to 5 video gaming terminals on its premises at any time, unless the Board authorizes a greater number. (f) Residency requirement. Each licensed distributor and terminal operator must be an Illinois resident. However, if an out of state distributor or terminal operator has performed its respective business within Illinois for at least 48 months prior to the effective date of this Act, the out of state person may be eligible for licensing under this Act, upon application to and approval of the Board. (g) Financial interest restrictions. As used in this Act, "substantial interest" in a partnership, a corporation, an organization, an association, or a business means: (A) When, with respect to a sole proprietorship, an individual or his or her spouse owns, operates, manages, or conducts, directly or indirectly, the organization, association, or business, or any part thereof; or (B) When, with respect to a partnership, the individual or his or her spouse shares in any of the profits, or potential profits, of the partnership activities; or Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b (C) When, with respect to a corporation, an individual or his or her spouse is an officer or director, or the individual or his or her spouse is a holder, directly or beneficially, of 5% or more of any class of stock of the corporation; or (D) When, with respect to an organization not covered in (A), (B) or (C) above, an individual or his or her spouse is an officer or manages the business affairs, or the individual or his or her spouse is the owner of or otherwise controls 10% or more of the assets of the organization; or (E) When an individual or his or her spouse furnishes 5% or more of the capital, whether in cash, goods, or services, for the operation of any business, association, or organization during any calendar year. (h) Location restriction. A licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment that is located within 1,000 feet of a facility operated by an organizational licensee, an intertrack wagering licensee, or an intertrack wagering location licensee licensed under the Illinois Horse Racing Act of 1975, the home dock of a riverboat licensed under the Riverboat Gambling Act, a school, or a place of worship under the Religious Corporation Act is ineligible to operate a video gaming terminal. Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b Section 27. Prohibition of video gaming by political subdivision. A municipality may pass an ordinance prohibiting video gaming within the corporate limits of the municipality. A county board may, for the unincorporated area of the county, pass an ordinance prohibiting video gaming within the unincorporated area of the county. Section 30. Multiple types of licenses prohibited. A video gaming terminal manufacturer may not be licensed as a video gaming terminal operator or own, manage, or control a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment, and shall be licensed only to sell to distributors. A video gaming terminal distributor may not be licensed as a video gaming terminal operator or own, manage, or control a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment, and shall only contract with a licensed terminal operator. A video gaming terminal operator may not be licensed as a video gaming terminal manufacturer or distributor or own, manage, or control a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment, and shall be licensed only to contract with licensed distributors and licensed establishments, licensed truck stop establishments, licensed fraternal establishments, and licensed veterans establishments. An owner Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b or manager of a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment may not be licensed as a video gaming terminal manufacturer, distributor, or operator, and shall only contract with a licensed operator to place and service this equipment. Section 35. Display of license; confiscation; violation as felony. Each video gaming terminal shall be licensed by the Board before placement or operation on the premises of a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment. The license of each video gaming terminal shall be maintained at the location where the video gaming terminal is operated. Failure to do so is a petty offense with a fine not to exceed $100. Any licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment used for the conduct of gambling games in violation of this Act shall be considered a gambling place in violation of Section 28 -3 of the Criminal Code of 1961. Every gambling device found in a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment operating gambling games in violation of this Act shall be subject to seizure, confiscation, and destruction as provided in Section 28 -5 of the Criminal Code of 1961. Any license Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b issued under the Liquor Control Act of 1934 to any owner or operator of a licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment that operates or permits the operation of a video gaming terminal within its establishment in violation of this Act shall be immediately revoked. No person may own, operate, have in his or her possession or custody or under his or her control, or permit to be kept in any place under his or her possession or control, any device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits when the award of credits is dependent upon chance. A violation of this Section is a Class 4 felony. All devices that are owned, operated, or possessed in violation of this Section are hereby declared to be public nuisances and shall be subject to seizure, confiscation, and destruction as provided in Section 28 -5 of the Criminal Code of 1961. The provisions of this Section do not apply to devices or electronic video game terminals licensed pursuant to this Act. Section 40. Video gaming terminal use by minors prohibited. No licensee shall cause or permit any person under the age of 21 years to use or play a video gaming terminal. Any licensee who knowingly permits a person under the age of 21 years to use or play a video gaming terminal is guilty of a business offense and shall be fined an amount not to exceed $5,000. Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b Section 45. Issuance of license. (a) The burden is upon each applicant to demonstrate his suitability for licensure. Each video gaming terminal manufacturer, distributor, supplier, operator, licensed establishment, licensed truck stop establishment, licensed fraternal establishment, and licensed veterans establishment shall be licensed by the Board. The Board may issue or deny a license under this Act to any person pursuant to the same criteria set forth in Section 9 of the Riverboat Gambling Act. (b) A non - refundable application fee shall be paid at the time an application for a license is filed with the Board in the following amounts: (1) Manufacturer .............................. $5,000 (2) Distributor . ............................... $5,000 (3) Terminal operator .......................... $5,000 (4) Supplier ... ............................... $2,500 (5) Technician ... ............................... $100 (c) (Blank) . (d) Each licensed distributor, terminal operator, or person with a substantial interest in a distributor or terminal operator must have resided in Illinois for at least 24 months prior to application unless he or she has performed his or her respective business in Illinois for at least 48 months prior to the effective date of this Act. The Board shall establish an annual fee for each license Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b not to exceed the following: (1) Manufacturer ............................ $10,000 (2) Distributor .............................. $10,000 (3) Terminal operator .......................... $5,000 (4) Supplier ... ............................... $2,000 (5) Technician ... ............................... $100 (6) Licensed establishment, licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment .................. $100 (7) Video gaming terminal ........................ $100 Section 50. Distribution of license fees. (a) All fees collected under Section 45 shall be deposited into the State Gaming Fund. (b) Fees collected under Section 45 shall be used as follows: (1) Twenty -five percent shall be paid to programs for the treatment of compulsive gambling. (2) Seventy -five percent shall be used for the administration of this Act. (c) All licenses issued by the Board under this Act are renewable annually unless sooner cancelled or terminated. No license issued under this Act is transferable or assignable. Section 55. Precondition for licensed establishment. In all cases of application for a licensed establishment, to Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b operate a video gaming terminal, each licensed truck stop establishment, licensed fraternal establishment, or licensed veterans establishment shall possess a valid liquor license issued by the Illinois Liquor Control Commission in effect at the time of application and at all times thereafter during which a video gaming terminal is made available to the public for play at that location. Section 57. Insurance. Each licensed establishment, licensed truck stop establishment, licensed fraternal establishment, and licensed veterans establishment shall maintain insurance on any gaming device on its premises in an amount set by the Board. Section 58. Location of terminals. Video gaming terminals must be located in an area restricted to persons over 21 years of age the entrance to which is within the view of at least one employee, who is over 21 years of age, of the establishment in which they are located. Section 60. Imposition and distribution of tax. (a) A tax of 30o is imposed on net terminal income and shall be collected by the Board. (b) Of the tax collected under this Section, five - sixths shall be deposited into the Capital Projects Fund and one -sixth shall be deposited into the Local Government Video Gaming Public Act 096 -0034 HB0255 Enrolled Distributive Fund. LRB096 03503 HLH 13528 b (c) Revenues generated from the play of video gaming terminals shall be deposited by the terminal operator, who is responsible for tax payments, in a specially created, separate bank account maintained by the video gaming terminal operator to allow for electronic fund transfers of moneys for tax payment. (d) Each licensed establishment, licensed truck stop establishment, licensed fraternal establishment, and licensed veterans establishment shall maintain an adequate video gaming fund, with the amount to be determined by the Board. Section 65. Fees. A non -home rule unit of government may not impose any fee for the operation of a video gaming terminal in excess of $25 per year. Section 70. Referendum. Upon the filing in the office of the clerk, at least 90 days before an election in any municipality or county, as the case may be, of a petition directed to such clerk, containing the signatures of not less than 250 of the legal voters of that municipality or county, the clerk shall certify such proposition to the proper election officials, who shall submit the proposition at such election to the voters of such municipality or county. The proposition shall be in the following form: Public Act 096 -0034 HB0255 Enrolled Shall video gaming be prohibited in LRB096 03503 HLH 13528 b YES .................? NO If a majority of the voters voting upon such last mentioned proposition in any municipality or county vote "YES ", such video gaming shall be prohibited in such municipality or county. The petition mentioned in this Section shall be a public document and shall be subject to inspection by the public. Section 75. Revenue sharing; Local Government Video Gaming Distributive Fund. (a) As soon as may be after the first day of each month, the Department of Revenue shall allocate among those municipalities and counties of this State that have not prohibited video gaming pursuant to Section 27 or Section 70 the amount available in the Local Government Video Gaming Distributive Fund, a special fund in the State Treasury, as provided in Section 60. The Department shall then certify such allocations to the State Comptroller, who shall pay over to those eligible municipalities and counties the respective amounts allocated to them. The amount of such funds allocable to each such municipality and county shall be in proportion to the tax revenue generated from video gaming within the eligible municipality or county compared to the tax revenue generated Public Act 096 -0034 HB0255 Enrolled LRB096 03503 HLH 13528 b from video gaming Statewide. (b) The amounts allocated and paid to a municipality or county of this State pursuant to the provisions of this Section may be used for any general corporate purpose authorized for that municipality or county. (c) Upon determination by the Department that an amount has been paid pursuant to this Section in excess of the amount to which the county or municipality receiving such payment was entitled, the county or municipality shall, upon demand by the Department, repay such amount. If such repayment is not made within a reasonable time, the Department shall withhold from future payments an amount equal to such overpayment. The Department shall redistribute the amount of such payment to the county or municipality entitled thereto. ARTICLE 800. Section 801. Short title. This Article may be cited as the Capital Spending Accountability Law. Section 805. Reports on capital spending. On the first day of each quarterly period in each fiscal year, the Governor's Office of Management and Budget shall provide to the Comptroller, the Treasurer, the President and the Minority Leader of the Senate, and the Speaker and the Minority Leader of the House of Representatives a report on the status of all