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HomeMy WebLinkAbout1869_001PRO C LAMATION 11 WHEREAS, the John Hersey High School Marching Band, with 173 members, 11 92 of which are residents of the Village of Mount Prospect, are under the I!' direction of James Rich and Michael Hetzel; and WHEREAS, the John Hersey High School Marching Band, did compete in the recent Music Festival in Cape Code, Massachusetts, competing with representatives of 18 other States; and WHEREAS, the John Hersey High Marching Band received nine awards in the most recent competion , to add to the many other honors earned by these dedicated students, including appearing the past Rose Bowl, Orange Bowl, and Cotton Bowl Parades, and representing us in many States and Canada; and WHEREAS, the hours of practice and all the fund raising events to support the Band enabl"n g the band to pay their way to all these various functions, in iC ii evidenced by the many awards earned. NOW I THEREFORE , I , CAROLYN H. KRAUSE, Mayor of the Village of Mount Prospect, do hereby proclaim heartfelt congratulations to all those involved with the John Hersey High School Marching Band on their many achievements and extend to all supporters of the Band, continued success in this worthwhile endeavor. Mayor Dated: May 19, 1981 ,, rAry , gTgTqxu see ogaxaq pagan qqp, sdpux aqq uo uMogs sT goTgM AaojTxxaq aqq 30 4STSuoo TTPgs pine a'gSTTI ? q Sa Aqajaq ST,� 'DUO aagWnR PaaV uoTgP4TTTgpqaq SsauTsnq -.oadsoxa qunoli go a6TTTt��� SP POgPUBTsap pug uMouA aq oq aar�d UOT4VgTTTgPqaU SSauTsnq V • Pau' JO uoT�.3TSa( : KO moilDas SIONIggI J.&INnOO MOOD 110adSOUd !MOW JO aDVq`ZIA aHJ� 3O SaalSfl*d.L aO GUVOu QRV. INaQISHudI alll 2 q GaNIVCPdO II u8 ' a%dOjaUaHj 'MOS Paas' uoTgp4TTTgv)qaa sSauTsng P sa pagPUBTsap aq pTnogs uoTgpoTTdde s. aoa a=oO go J@quIPgD aqq uT pasodoad paxp aqq quqq pauTUIa94ap aAPq pine uoTSSTURUOD u�'Td aqq go suoigPpuaunuooax aqq paMaTAax OAPq goad.soxa q0 unow JO GB TTTA aq4 jo. saagsnil go pxPog pup 4uapTsaacd aqq ' SVaaaHM puri : PDaV uoT4P4TTTgpgad ssauTsnq a see pagpubTsap aq UOTgpo�TTdd�e s s aouauzuloD 30 xa�PgO aqq.UT pasodoxd vax�e aqq q q� s ►tlTpuu asaIT4 Jo sTsaa aqq- uo pupoaa SPq uoTSSTUMOD UPTd atr4 ' SVaUuHt4 PUP :PTO sjPaA AgJTJ acaAO axe Aagq see aFu anTssaoxa gTgTgxa saxngonxgs uaagXTS 4SPaT qV • k saa: Tnbax uoT: o pan j PUP uoTIPOOT aT9gq goTgM asodxnd aqq 9Ax99 Xlagpnb -app aa5uoT ou Pup aouaosaTosgo gTgTqua saxngonags AuPW *E SaTpdax a o IELm 30 paau UT pup uoTgppTdeTTp jo ' a-4Pgs P UT LUTaq sa paTJT4uapT uxaM saxn40na 4S XTs gSaaT qV OZ - t , -uTL:)uz TpaTs-Kgd agpnbapUuT pua uoTgPaOTxaqap BUT-.-rgTgxa- sV paTJT4UapT axaM saxngonags uun.as--AgUaM4 4SPaT qui 'T I AT auzeu !090E# aou eu-r pxo 'go v aaagl UOTgoaS 'CIT qqa Og qas saogopj aq-4 -4-FgZ��3, 'eaaV u+�T��e�.TTTC�'pga� SsauT sng pasodoa:d aq4 uTg4TM pa�.aooT saxngona4s �ssuuTsnq aiR go xagmnu qu o? zczbTs v qpqqpauTu xaq. )P SPq uoT sSTO UIMOO UPTJ aq4 ' SVaHaHM PUP : uoT4v3TTddP pTps oq goadsaar qqTm TTaH abPTTTA goadsoxd -.un6W aq-4 -4p ' ui' d C = L Te 166T ' 6Z TT,zdV uo uoTsSTunuoO Upla aq axojag pTau uaaq spq Buzxaaq oTTgnd v ' SvaaHM. Pup : PaaV uoTgagTTTqpTqaa ssauTsnq. p go uoTgpubTsap ao uoz��eo-cTdd� UP paTuzgns spz� aoxaun�zo o xaqumgo goadsoaad q"unow aqq ' SVaHaHM ' .T.q q 2�e g p su ' Vara a agPUBTsa o a s a M auTu a� �a a � � � ax LiC►T � u T � a ssatxusn � q� q � � p p"�" uClTSSu O� u"�;d aqq o suo�cqpua ooa,z aq4 MaTAGa SaTq Txoq: n� agvaoduoo aq4 qeqq p"uu v uoT4PgTTTgpgaH ssuuTsnq pasodoa:d °ua o apbaa max �. p q4TM suaT vp saxn a p Bu, -r o� T pT u oO Up-[ 1 at au x ao �u a d a o uQ-cssT o x a �auT gOT�W pU�TMauagq uoT-.oauuoa► UT sa►.znpuooxd pug p u� spaavpuVIS pup punk uao � � Qa�gaH ssauTsng P BuTgsilgagso 0900 uo �T o aouPuTpT pais d saq-.oadsoara �unoW uo GBPTTTA au4 ' SVMaHM S Sgi�iI Sna 10gdSOUd ,IMON dO aDVq IIA ON.I IVNDI SHQ 2DNVNI CPdO RV • ON HONvNiQHo SECTION �CT'IG TWO-., - ,, f�ect 6f es, gnat � n .. The ""' owners structures Which . _ e�ss purposes and' Which are located 'were o4 r' "w" �. L � used �� b "lid ,. ca ed within Business Rehab ilita t.on Area 'Number Gne # and owners p hen the Area with leases of oro erators of businesses located, wit at least the duration of the Business RehablUitation Loan to be requested (which structures -and businesses are situated wi the designated street address area attached hereto as Ex iblt .are hereby authorized to apply for'aBusIi ness Vie` a ilitatiou loan as provided for in ordinance No. 3060 of this Village. SECTION THREE: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by .law. µ .passed this day or , 1981. AYES: NAYS: ABSENT: .Approved this day of , 19810 Approved: VILLAGE PRESIDENT Attest: VILLAGE CLERK -2_ rik"o, J r l u,,,�,,;,, , „ rr� �r .,, �, � lr, �.�, �7 ,,�,, l � 1 ,, Nc . , uwr Y, ��.,, A"; �� , Ii' ,,,, r„ ,,: i . ,,;/,y °�A I� ,� � M�' EXHIBIT B ADDRESSES PROSPECT BUSINESS REHABILITATION `4 ♦ ♦ NUMBER 0--12 E. Busse Avenue 0-99 W. Busse Avenue 0-399 W. Central Road (Odd Numbers Only) 0-99 S. Elmhurst .Avenue 113-214 S. Emerson Street 200 E. Evergreen Street 201--399 E. Evergreen Street (Odd Numbers Only) 0-98 No Main Street (Even Numbers Only) 0-209 S. .Main Street 0`398 E. Northwest Highway 0-398 W. Northwest Highway 0-99 S. Pine Street 0--199 E. Prospect Avenue 0--299 W. Prospect Avenue 0--99 S. Wille Street #RDINANCE AN ORDINANCE AUTHORIZING THE LEVY AND COLLECTION OF TAXES FOR THE CORPORATE AND MUNICIPAL PURPOSE OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING MAY 19 1981 AND ENDING APRIL 30, 1982. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the sum of Five Million Three Hundred Sixty-four Thousand One Hundred Forty Dollars ($5,364,140.00) the same being the total amount to be levied of budget appropriations heretofore made for the corporate and municipal purposes for the fiscal year beginning May 1, 1981 and ending April 30, 1982, as approved by the President and Board of Trustees of the Village of Mount Prospect be and the same is hereby levied on all taxable property within the Village of Mount Prospect according to the valuation of said property as is,, or shall be assessed or equalized by State and County purposes for the current year '1981. The budgetary appropriations theretofore having been made- hereto- fore by the President and Board of Trustees of the Village of Mount Prospect were passed and approved by Resolution Number 1481 at a meeting hereof regu- larly convened and held in the said Village of Mount Prospect, Illinois on the 21st day of April 1981, and thereafter duly published according to law; the various objects and purposes for said budgetary appropriations were here- tofore made are set forth under the column entitled "Amount Appropriated", and the specific amount herein levied for each object and purposes is set forth under the column "Amount Levied" as follows: Village Manager's Office 01-021-01 - Administration & Support AMOUNT MOUNT AMOUNT ARTICLE I - GENERAL CORPORATE PURPOSES APPROPRIATED LEVIED Public Rtpresentation 469000 01-011-01 Mayor & Board of Trustees - Assistant Village Manager Personal Services 5410 5001 Mayor $ 32,000 5002 Liquor Commissioner 3,000 5003 Trustees 85,100 Contractual Services 6010 Annual udit 9,000 6210 - Organizational Memberships 13$000 6213 - Hearing Expense 500 6410 - Meeting Expenses 500 Commodities 6699 7010 - Recognition Supplies 500 7032 - Other Supplies 13,500 01-011-02 - Advisor y Boards Commissions 7032 Contractual Services 1,000 6011 - Tests and Investigations 10,000 6210 - Organizational Memberships 100 6213 - Hearing Expnese 4,500 6214 - Printing 250 6215 - Publish Notices, Ordinances 39600 Commodities 87,285 None 7031 - Office Supplies Sub -Total 57,700 None Village Manager's Office 01-021-01 - Administration & Support General Counsel 01-021-02 - Contractual Services 6013 - Outside Legal Service's $ 709000 $ $ 70,000 $ None Prosecutor 01-0?1-03 - Contractual Services 6013 - Outside Legal Services $ l5sOOO $ 6110 - Copy Machine Costs 250 $ 15,250 $ None I Page 2 I 7� . I Personal Services 5010 - Village Manager 469000 5011 - Assistant Village Manager 17415 5410 - Administrative Secretary 149750 5812 - Longevity 350 Contractual Services 6110 - Copy Machine Costs 3,000 6210 - Organizational Memberships 700 6217 - Postage 540 6699 - Contractual Services 500 Commodities 7032 - Office Supplies 1,000 7210 - Auto Maintenance 1,3000 Capj,t,a] Expendi tures 8003 . . . ....... - Office Equipment 21,030 Sub -Total 87,285 None General Counsel 01-021-02 - Contractual Services 6013 - Outside Legal Service's $ 709000 $ $ 70,000 $ None Prosecutor 01-0?1-03 - Contractual Services 6013 - Outside Legal Services $ l5sOOO $ 6110 - Copy Machine Costs 250 $ 15,250 $ None I Page 2 I 7� fib" Il ublic Information 01-021-04 Personal Services 5011 Asst. Village Manager Contractual Services 6022 Printing Newsletters & Plates 6218 Dist. Newsletter & Folding 6699 Contractual Services Sub -Total Personnel Mang event 01-021-05 Personal Services 5011 - Asst. Village Manager Contractual Services 6110 - Copy Machine Costs 6210 - Organizational Memberships 6215 - Publish Notices & Ordinances Commodities 7031 - Office Supplies Sub -Total Training 01-021-06 - Perrsonal _ Services 5011 -Asst. Village Manager Contractual Services 6415 - Training & Meeting Expense Sub -Total SalLa4Administration 01-021-08 - Personal Services 5999 -Salary Administration Sub -Total Sub -Total Deportment of 01-031-01 Admin'stration & S9 1 _pqrt _Personal Services 5012 Director 6_f_M_anagement Services 5031 Asst. Director of Management Services 5032 Comptroller 5412 Secretary 5453 Part/Time Temporary 5812 Longevity Contractual Services 6110 Copy Machine Costs, , 6112 Office Equipment Maintenance 6210 Organizational Memberships 6214 Printing 6217 Postage Commodities 7015 Vehicle License Decals 7016 Dog Licenses 7031 Office Supplies 7032 Other Supplies Page 3 AMC AMOUNT APPROP��,,i,,I`ED LEVIED $ 2,488 5,500 95250 3,3500 20,738 None 3,732 15000 500 700 600 6,532 $ None 13,244 20,794 None $ 5009000 $ $ 5005000 $ None $ 720,599 $ None 151,115 163,853 22,470 1M33 115256 29,150 21,500 3,500 300 500 600 2,200 400 15500 600 01-031-01 Capital Ex2enditures 8003 Office Equipment Sub -Total Accounting 01-031-02 - Personal Services 5031 - Asst. Director of Management Services 5032 - Comptroller 5414 - Senior Account Clerk Contractual Services 6214 - Printing 6217 - Postage Commodities 7031 - Offi ce Supplies Sub -Total Pao'l 1 01-031-03 - Personal Services 5414 -Senior Account CTerk 5814 - Sick Leave Benefit Contractual Services 6214 - Printing 6217 - Postage Commodities 7031 - Office Supplies Sub -Total Electronic Data Process �n 01-031-04 - Person Services 5012 - Di rector of Management Services Contractual Services 6014 Computer Programmi ng 6121 Computer Maintenance 6221 Data Processing Service 6790 Computer Purchase Pmt. Commodities 7031 Office Supplies Sub -Total Water B '_jjj 01-031-05 Personal Servic ' es 5414 Senior Account Clerk 5416 Account Clerk I Contractual Services 6214 Printing 6217 Postage Commodities 7031 Office Supplies Sub -Total Page 4 AMOUNT AMOUNT APPROPRIATED LEVIED $ 2,000 $ $ 92,377 $ None 59,617 7,490 6s687 300 120 500 20,714 None 12,305 41,000 13,300 120 225 54,3950 None 3,779 3oOOO 3,000 2 000 115825 3,,000 261,604 None 12�305 9.9985 500 11,440 100 24-3330 None uollections 01-031-06 - Personal Services 5416 - Account Clerk I Contractual Services 6214 - Printing 6217 - Postage Commodities 7031 - Office Supplies Sub,Total 'Tel ep-hone Service 01-031-07 - Personal Services 5418 - Switchboard Operator Contractual Services 6114 - Tele_p_hone Service Sub -Total Insurance 01-031-08 - Personal Services 5012 - Dir ' ector of Management Services 5412 Secretary Contractual Services 6710 Insurance Premium General 6711 Insurance Premium Hospitalization 6712 Unemployment Compensation Sub -Total Accounts 'I e 01-031-09 - Personal Services 5416 - Account CTe_rkI Contractual Services 6214 - Printing 6217 - Postage Commodities 7031 - Office Supplies Sub -Total Village Clerk —Administration & Su ort 01-032-01 - Personal Services 5012 - Director of Management Services 5033 - Appointed Village Clerk 5455 - Clerk/Typist 5812 - Longevity Contractual Services 6025 - Codification 6110 - Copy Machine Rental 6210 - Organizational Memberships 6214 - Printing 6217 - Postage 6222 - Recording Expenses Commodities 7031 - Office Supplies Sub -Total Page 5 AMOUNT APPROPRIATED LEVIED $ 11 9236 $ 1 9500 69000 100 18,836 $ None 10,554 40,000 50,554 None $ 3,779 39477 225,000 3009000 8,000 $ 540,256 $ None 11,000 100 19800 100 13,000 $ None 7,556 18,832 59083 350 22000 6,000 300 500 3s6OO 11000 2,500 47,721 $ None Records Control 01-032-02 - Personal Services 5455 - Secretary I I Contractual Services 6111 - Typewriter Rental Commodities 7031 -Office Supplies Legal Notices 01-032-03 -Personal Services 5455 - Secretary I Contractual Services 6215 - Publish Legal Notices Sub -Total Business Licenses 01 -03? -04 - ersonal Services 5455 - Secretary I Contractual Services 6214 - Printing 6217 - Postage Commodities 7017 - Business License Decals Sub -Total Sub -Total PUBLIC SAFETY & PROTECTION Police Department 01-041-01 Administration ,& Support 5013 Chief 5Q42 T Commander - Division 5110 Watch Commander 5210 Patrol Officer 5215 Police Assistants 5411 Office Supervisor/Secretary 5412 Secretary II 5420 Records Clerks 5811 Holiday Pay 5812 Longevity 5880 Incentive Pay - EMT 5831 Incentive Pay - Brep.thalyzer 584 - Overtime 5999 Records Clerk - 1 New Contractual Services 6015 Physical Examinations 6110 - Copy Machine Costs 6114 - Telephone 6210 - Organizational Memberships 6214 - Printing 6217 - Postage 6223 - Animal Impounding Services 642© - Training 6699 - Other Services Page 6 1111,11,11.'s . . . . . . . . . . AMOUNT AMOUNT APPROPRIATED LEVIED $ 59,216 $ 2,500 100 7,816 $ None $ 5,215 7,0500 12,716 $ None 59,350 100 360 1 1500 $ 73,310 $ $ 9?91184 $ None $ 35,845 $ 299504 - 20 , 426 - 67,455 - 42,80Q - 14,713 - 12 , 840 - 449218 - 5,977 - 4,300 450 350 3joOOO 109245 11500 125000 49000 150 3,000 - 6;96Q '96Q 2,500 20,000 19000 I i c e D Commodities 7031 - —Off i"cue Supplies 7032 - Other Supplies 7110 - Clothing Allowance Capital Expenditures 8003 - 0- c e- -"E!-q--u i pmen Sub -Total Patrol & Traffic Equipment 01-041-02 - Personal Services 5041 -Deputy Chief 5043 - Lieutenant 5110 - Watch Commander 5111 - Shift Sergeant 5210 ­ Patrol Officer 5215 - Police Assistant 5811 Holiday Pay 5812 Longevity 5830 Incentive Pay - EMT 5831 Incentive Pay - Breathalyzer 5832 Incentive Pay - FTD 5843 Overtime 5999 - Police Assistants - 2 New Contractual Services 6699 - Other Services Commodities 7020 - Ammunition & Targets 7021 Photo Supplies 7031 Office Supplies 7032 Other Supplies 7110 Clothing Allowance 7111 Food for Prisoners Sub -Total Crime Prevention 01-041-03 Personal Services 5110 Supervisor/Watch Commander 5210 Police Officers 5216 Bike Safety Aide 5413 Secretary I 5811 Holiday Pay 5830 Incentive Pay - EMT 5843 Overtime Contractual Services 6110 Copy Machine Costs 6114 - Telephone 6214 - Printing & Reproduction 6217 - Postage Commodities 7021 Photo Supplies 7031 Office Supplies 7032 P.R. Supplies 7110 Clothing Allowance Sub -Total Page 7 AMOU AMOUNT APPROPRD,­f,,L'D LEVIED $ 2,000 $ 11,000 3s9OO 2,5200 352,333 None 30,493 84,714 81 s705 789300 770s05O 770sOCO 239,002 445181 - 16,400 - 39930 - 49,550 - 3 ,120 - 55sOOO - 21 ,400 - 200 3,200 - 3,400 - 300 - 600 - 20,O50 - 850 - $ 1,245,445 $ 7709,000 $ 5,809 $ - 21, 240 - IMOO - 11 s,770 - 1 9130 - 130 - 3,700 - 13,700 400 2,000 13,200 200 200 1 3,000 $ 62,729 $ None Page 8 AMOUNT AMOUNT r Police Department (Cont d APPROPRIATED LEVIED Investi ati ve & Juvenile +01-041-04 Personal Services 5110 - Watch Conder $ 279235 $ - 5211 - Investigators 89,940 809000 5212 - Juvenile Investigators 219240 - 5213 - Juvenile Officer 229485 - 5214 - School Counselor 223,485 - 5811 - Holiday Pay 89607 - 5812 - Longevity 39900 - 5830 - Incentive Pay - EMT 860 - 5832 - Incentive Pay - Investigator 62000 - 5843 - Overtime 105000 - Contractual Services 6110 - Copy Machine Costs l , 500 - 6117 - Car Allowance 400 - 6699 - Other Services 1,650 - Commodities 7031 - Office Supplies 300 - 7110 - Clothing Allowance 2,800 - Sub -Total $ 2199402 $ 80,000 C ro s s i na. Guards 01-041-05 - Personal Services 5310 ssing Guards $ 463083 $ - 5311 - Explorer Crossing 79332 Commodities 7112 - Grossing Guard Equipment 500 - Sub -Total $ 53,915 $ None Police . Equipment a i ntenance a tion 01-041-06 - PersonaSeri ces 5153 - Foreman 69,344 - 5251 - Mechanics 25,643 - 5810 - Overtime 19500 - Contractual Services 6112 -- Other Equipment Maintenance 21300 - 6116 - Radio Maintenance 10.,000 - 6118 Cathode Ray Tube 72,500 - 6120 - Mechanics Training 1,,000 - Commodities 7211 - Gasoline 915000 - 7212 =- Squad Emergency Equipment 2,0QO - 7213 - Repair Parts Vehicle 38,000 - Sub-Tptal $ 1859287 $ None Sub -Total $ 2,1195,111 $ 8505,000 Fire Department Administration & Su ort 01-042-01 - Personal Services 5014 - Chief $ 359845 - 5051 - Deputy Chief 309495 - 5053 - Administrative Aide 23,447 5412 - Office Supervisor/Secretary 15,413 - 5413 - Secretary 49280 - 5811 - Holiday Comp 29996 -- 5812 - Longevity 29000 5840 - Incentive Pay 75Q - $844 - Overtime 1 , 00Q -- Page 8 Page 9 AMOW AMOUNT e Department (Cont,01 APPROPRI,-, LEVIED 017042-01 - Contractual ,Services 6015 -Medical Exams $ 69000 $ - 6110 - Copy Machine Costs 29400 - 6115 - Computer Programming 59000 6210 Organizational Memberships 250 - 6214 Printing and Literature 19500 - 6217 - Postage 420 6224 - Linen Services 41,800 Commodities 7031 - Office -Supplies 950 - 7032 - Other Supplies 11,200 - 7110 - Clothing Allowance 179350 Capital Ex enditures 8003 - Office Equipment 200 - 8009 - Fire Furn. & Equipment 19750 -- 8016 - Physical Conditioning 300 - 8518 - Automatic Door Openers 39750 - $ub"Total $ 1629096 $ None Fire Suppression 01-,042-02 - Personal Services 5052 - captains $ 863,115 $ - 5120 - Lieutenants 160,124 1003000 5230 - Fireman 5879288 5002000 5811 - Holiday Pay 25 , 500 - 5812 - Longevity 155550 - 5840 - Certified Advanced 18,000 - 5841 - Paramedic Incentive 51250 _ 5842 - Paid on Call 14,980 - 5844 - Overtime 509500 - Contractual Services 5421 - 'Training 159190 - Commodities 7214 - Chemicas 21700 - S u b, -To to 1 $ 9819197 $ 6009000 Code Enforcement 01-042-03 - Personal Services 5052 - Captain $ 302495 $ - 5235 - Fireman/Inspectors 669684 - 5236 - Plumbing Inspector 229311 - 5237- Structural Inspectors 429704 - 5238 - Electrical Inspector 219204 - 5411 - Office Supervisor/Secretary 139643 - 5412 - Secretary II l l , 770 - 5413 - Secretary I 59700 - 5811 - Holiday Pay 3,000 - 5812 - Longevity 22400 - 5840 -- Certified Advanced 32000 - 5844 - Overtime 73000 - Contractual Services 6110 - Copy Machi he Costs 1,000 F 6115 - Computer Programming 29000 7 - Auto Expenses 2,000 - O - Organizational Memberships 380 6214 - Printing & Literature 2,000 ., 6216 - Training 19000 .. 6217 - Postage 19080 . 6225 - Elevator & Mechanical Inspections 51000 - Page 9 Page 10 AMOUNT AMOUNT Code EnforcementCo�nVd APPROPRIATED LEVIED 01-042-03 - Commodities 7021 -Photo Supplies & Visual Aids $ 1s,700 $ - 7023 - Reference Material 500 - 7031 - Office Supplies 1,200 - 7032 - Other Supplies 500 - 7114 - Uniforms 1:5 2'00 - Sub -Total $ 249,471 $ None Emergency Medical Services 01-042-04 - Personal Services 5120 - Lieutenants $ 80,052 $ - 5231 - Fireman/Paramedic 4291,172 - 5811 - Holiday Compensation 15,650 - 5812 Longevity 81,050 - 5840 Certified Advanced 11,250 - 5841 Paramedic Incentive Pay 17,250 - 5544 Overtime 50,500 - Contractual Services 6216 - Training 5,900 Commodities 7113 - C.P.R. Training' 2,000 7215 - Oxygen Tank Refills 450 7216 - Ambulance Suppli,es 3,500 Sub -Total $ 6239774 $ None Communications 01-042-05 - Contractual Services 6114 - Telephone $ 6,000 $ 6116 - Radio Maintenance MOO Sub -Total $ 15,100 $ None Equipment Maintenance & g2�trati�on 01-042-06 - Personal Services 5233 -Senior Mechanic$ " 205494 $ 5234 - Mechanic 19,424 Contractual Services 6112 - Equipment Maintenance 33,000 Commodities 7211 - Gasoline 23,400 7216 - Tools 2!o300 Sub -Total $ 98,618 None ,Emer,gency Preparedness 01-042-07 Personal Services 5321 T Operation Officer 2,000 Contractual Services 6210 Organizational Memberships 75 6214 Educational Materials, Printing 600 6226 Electric for Siren 150 6227 Siren Maintenance 1,650 Commodities 7031 Office Supplies 150 7032 Other Supplies 250 Sub -Total 4,875 None Sub -Total $ 2,135,131 $ 600,000 Page 10 C ' TPA . D1146 CH SERVICE 41,043-01 ,- ContractualServices §699 Ir Dentr l §pit Health,, & Environment d , i nl s tra ti onSu ort 01-x( � �41 e sopa d 5015 HeaI th Services 0'1* rector 5,13+0 - Sanitarian 541? - Secretary 5454 Temp. Part -Time Secretary ContractuO Services 6110 - Oopy Machine Save 4 Costs ,6117 - Autq Allo ranco 621P Orgoni aotional Mmbprshi ps 6214 Pni nti ng 6217 Postaq 69 - Other Sgrvi ces Commodities 7023 Refetle al's 7024 - Training Materials 7026 Technical Supplies 7031 Office Supplies $qb-Tgta Pool General Health lns ecti ns O101 -02 ersona Srvi ces 501 - Health, Ser fie' Qirect,pr 5130 anitari,"an 5412, $egreta,ry 5454 nv r�onMental Interni Port Time Contractual Services 6214 -1 r� nein -97 Oo odi tie 7026 Techn i �u l i �es � pp Sub-179ta l Animal Control 017051-03 r ersna yes 5415 Health Se icps Director 51�0 ,- PuW i c Health Sanitarian 541? Secretary Contractual Services 6032 j nse . ontr 6228 , Rodent Clont�r' of SubYTota1 1 ood Do r Program 017051'7-05 - Persona Sory ces 5015 th Services Qrgctor 5421 T 6hai rper5on (Fart Time) Page 11 0 AMOUNT PPPOPR LEVIED $ 208 0Q0 $ ?08,DOQ $ None $ 1?3113Q $ - 59416 .. 6,827 - 50Q 2,420 19000 - 175 - 100 264 - 440 - 225 200 50 - 640 $ 10,387 $ None $ 9,29Z - 101272 ?,364 -. 2,228 - 380 450 $ ?49986 $ None $ 258 $ .. 171 235 - 750 �.. 12500 $ ?,914 None $ 258 1,504 Senior Citizen Division Information, Referral & Counselin 5015 - Heal th, Services Di rector AMOUNT 5061 AMOUNT Blood Donor Program (Cont'dj APPROPRIATED - Part Time Registered Nurse LEVIED 01-051-05 - Contractual Services - Employement Counsellor 544 5133 - Outreach Casework Supervisor 6214 - Printing $ 15078 $ 6217 - Postage 240 - Communication Telephone 900 6229 Transportation - Travel Reimbursement -Employment Counsellor 462 6214 - Printing 6639 Phone Reimbursement, Blood Donor 6217 318 120 Commodities 7029 - Medical Supplies 600 7032 Other Supplies - Of f i ce- Suppl i es 450 Sub -Total $ Sub -Total 41,306 $ None Solid Waste Disposal 5015 - Health Services Director $ 1,271 $ 01-051-06 - Personal ,Services Senior Citizen Coordinator 4,463 5133 - Outreach.Caseworker Supervisor 5015 - Health Services Director $ 29,581 2,960 5130 - Sanitarian 123,70 5412 - Health Services Secretary 25354 Contractual Services 6214 - Printin,g 430 Sub -Total $ 6,735 $ None Water Anal sis 01-051-08 - Personal �Services 50.15 - Health Services Director $ 258 $ 5130 - Sanitarian 171 Contractual Services 6232 - Testing Services 25489 Sub -Total $ 2,918 $ None Sub -Total $ 72,246 $ None Senior Citizen Division Information, Referral & Counselin 5015 - Heal th, Services Di rector 1 9271 5061 - Senior Citizen Coordinator 109117 5131 - Part Time Registered Nurse 5,003 5132 - Employement Counsellor 544 5133 - Outreach Casework Supervisor 1s2.15 5452 - Part Time Secretaries 4$920 Contractual Services 6114 - Communication Telephone 900 6117 - Travel Reimbursement -Employment Counsellor 600 6214 - Printing 300 6217 ~ Postage 120 Commodities o. 7029 - Medical Supplies 600 7031 - Of f i ce- Suppl i es 225 Sub -Total $ 25,815 $ None Recreation & Education 01-052-02 - Personal Services 5015 - Health Services Director $ 1,271 $ 5061 Senior Citizen Coordinator 4,463 5133 - Outreach.Caseworker Supervisor I s,215 5452 - Part Time Secretaries 2,960 Page 12 Community Develowent Proqram Administration & SuppLrt, „ 5555.. . ........... . .... . AMOUi1._1_1 AMOUNT Senior Citizen Divisi,oLS�.p�nVd .......... APPROPRIATED LEVIED 5144 Zoning Officer Recreation & Education 541 Secretary 11 45,343 5454 Secretary I Part Time 01-052-02 - Contractual Services x9600 Contractual Services 6214 - -Frinting $ 15Q $ 6217 e Postag "T 900 io 180 6699 Other Supplies 1,000 ommo ities 7031 Pffice'Sqpplies 110 Sub -Total $ 11,1349 $ None Home Bound Services 01-052-03 Personal Services 5015 Mealth Services Director $ 1 9271 $ 5061 Senior Citi zeas Coordinator 3,570 5133 Outreach each Casework Supervisor 9,124 5452 Pari -Time Secretaries' 1,958 Contractual Services 6114 - Telephone 500 6117 - Mileage Reimbursement for Volunteers 2,750 6118 Travel Reimbursement -Outreach Casework Supv. 480 6214 Printing 100 6217 Postage 216 6233 Transportation-SeniQr Taxi 209000 Commodities 7031 Office Supplies 110 Sub -Total $ 409,079 $ None Co q n 1'M_,A c t i vi i.e s, 01-052-04 Personal Services 5015 Health Services Director $ 253 $ 5061 Senior Citizen Coordinator 891 5133 - Outreach Caseworker Supervisor 608 Contractual Services 6210 - Organizational Memberships 65 6217 - Postage 66 Sub -Total $ 19883 $ None Sub -Total $ 79$126 $ None Community Develowent Proqram Administration & SuppLrt, 1, Personal Sery i c e s 0 -062-Ql 5016 rector $ 16_q04§ $ 5143 Planner 6,419 5144 Zoning Officer 59,610 541 Secretary 11 45,343 5454 Secretary I Part Time 649 5454 Part -Time Interns x9600 Contractual Services 6021 Si'dwell Map Update 150 6210 Organizational Memberships 275 6214 Printing/Photocopying 2,250 6217 Postage 900 io Page 13 01-081-02 - Contractual Services 6620 Historical Society Activities AMOUNT AMOUNT Communi Develo R.ment Program (Cont'd) APPROPRIATED LEVIED 01-062-01 - Commodities 500. Sub -Total $ 7021 - Photo Supplies & Processing $ 400 $ 7031 - Office Supplies 01-081-01 - Personal Services 113000 7999 - Publications/Subscriptions $ 300 5810 - Public Works Overtime Cal,pital Expenditures 15500 5843 - Police Overtime 8003 Office Equipment 500 Sub -Total $ 42,444 $ None coni 1,500 Commodities 01-062-02 Personal Services 7324 - Sign Material 5016 rector $ 61,419 $ 150 5143 - Planner Sub -Total 5,419 145,106 $ None 5144 - Zoning Officer 16,330 01-081-03 T Personal Services 5412 - Secretary 11 2,482 5250 Maintenance Person 5812 - Longevity 350 Sub -Total $ 32,500 $ None Planninq & Reasearch 01-062-03 - Personal Services 5016 - Director $ 65419 $ 5143 - Planner 7,703 5412 - Secretary II 2,482 Sub -Total $ 16,604 $ None Sub -Total 91,548 None 01-081-02 - Contractual Services 6620 Historical Society Activities 11000 6621 VFW Memorial Day Parade 500 6623 Farmer's Market -Chamber of Commerce 500. Sub -Total $ 21,000 None Share of 4th ofJulCelebration 01-081-01 - Personal Services 5250 - Maintenance Personnel $ 306 5810 - Public Works Overtime 15500 5843 - Police Overtime 8,000 Contractual Services 6622 - July 4th Parade -Chamber of Commerce 2,500 6623 - F,ireworks Display -Lions 1,500 Commodities 7324 - Sign Material 150 7327 - Emergency Barricades 150 Sub -Total 145,106 $ None Christmas Decorations 01-081-03 T Personal Services 5250 Maintenance Person 3,267 Page 14 _,,­,_­­ . ..... . . . ... .. ..... . .... 7 1111,711,11"r 1,7, 71,777", 1 Christmas rations Cont'd) AMOL AMOUNT' APPROPR,ii-, , "D LEVIED Ol-Q81-03 - ContractualServices i 6?26 - ff "Y $ 300 6624 - Wreath, Rental 4,100 Commodi ties 7390 Christ�mai Decorations 250 Sub -Total 7,917 None Sub -Total 24,023 None TOTAL FOR GENERAL CORPORATE PURPOSES $ 6,435,668 $1,4509000 ARTICLE 11 - GARBAGE COLLECTION SERVICE "I Ol,rO5l-Q§ Solid Waste Qj.sposal, 6230 Collect by Contract $ 19100,000 $19100SQ00 ARTICLE III -r MAINTENANCE OF PUBLIC FACILITIES Street Division,, 01-071-01 'ersonaI, Ser vi ces 50I 7 Pu 1 ic Works Director 17,100 $ 5081 Deputy P,qk�jic Works Director 13,550 5150 Superintendent 245773 5412 - Secretarial Personnel 19,216 5810 - Overtime X00 5812 - Longevity 5970Q Contractual Services, 6014 - Coniouter, Programming 250QO 6110 - Copy Machine Cost IMP 6217 - Postage 720 -44 - SvOervisor Training 500 Cornmo d i t i es " 7ii 7024 Training & Safety Material 750 702 Mis,cella'nepus Supplies 700 7114 Uniform Services 7,3800, 7999 Public Works Open House 5b0 Capital �xpenditpres 8003 Offi'pe Eqpipmpnt l ,000 Sub -Total 953,909 None Page 15 Maintenance of Grounds 01-071-03 - Personal Services 5153 AMOUNT AMOUNT Maintenance of Public Buildings, APPROPRIATED LEVIED 01-071-02 - Personal Services 259226 5250 - Maintenance Personnel $ 9,455 $ - 5252 - Custodian Village Hall 543,877 - 5810 - Overtime 10,000 - Contractual Services - Small Tools 6119 Repairs, AC/HT 8,000 -- 6236 Cleaning Draperies 250 6237 Water and Sewer 1,000 6238 Storage Unit Rental 25,100 - Commodities 800 7114 Uniform Services 1 9050 - 7217 Small Tools 175 - 7310 Fuel for Heat 149,000 - 711 Custodial Supplies 12,000 - 7314 Paint 400 - 7350 - Maintenance Supplies & Repairs VH 11,000 - 7351 - Maintenance Supplies & Repairs PS 13,000 - 7352 - Maintenance Supplies & Repairs PW 11,000 - 7353 - Maintenance Supplies & Repairs Station #2 4,500 - 7354 Maintenance Supplies & Repairs Station #3 2,150 - 7356 - Maintenance ce Supplies 4 Repairs Main Street 850 - Supplies 7357 - Maintenance Supplies & Repairs Sr. Center 4,3500 - 7358 - Maintenance Supplies & Repairs - Annex 11000 Sub -Total $ 161,307 None Maintenance of Grounds 01-071-03 - Personal Services 5153 - Foreman 8,221 5250 - Maintenance Personnel 259226 5340 - Maintenance Personnel Part time 14,500 5810 Commodities 4,000 7217 - Small Tools 250 7315 - Weed Killer Chemical, Sod, etc. 5,000 6239 Capital Expenditures 3,500 - 8023 - Lawn Mower Replacements 800 Sub -Total 53,997 None Street Maintenance 01-071-04 - Personal Services 5153 F—oreman 6,3209 5250 Maintenance Personnel 32,3149 5340 Maintenance Personnel Part time 7,125 5810 Overtime 4,000 Contractual Services 6113 Equipment Rental 2,000 - 6239 Refuse Disposal 3,500 - 6242 - Emergency Sidewalk Replacement 1,500 - Commodities 7217 - Patching Tools & Supplies 13500 - 7316 - Patching Materials 3,500 - 7317 - Street Sweeper Supplies 3,1000 7319 - Sand/Gravel 1 500 7321 - Refuse Container 800 7330 - Guard Rail Replacement & Supplies 1,000 "W Sub -Total 67,3783 None Page 16 ti Snow Removes._.._ AMOK `�„� AMOUNT 5154 A�PPROPR ,,,rr ' °LEVIED 01-071-05 - Personal Services - Maintenance Personnel 61,534 - 5153 - Foreman 65135 $ - 5250 - Maintenance Personnel 279877 - 5810 - Overtime 265750 - Contractual Services - Refuse Disposal 109000 - 6018 - Winter Weather Forecast Service 800 - 6113 - Equipment Rental 55000 - Commodities - Forestry Seminars 300 - 7218 - Plow Blades 15500 75500 7219 - Plow/Salt Spreader Repair Parts 39000 - 7329 - Parkway Restoration after Snow Removal 1,000 41000 - Sub -Total $ 72,062 None Leaf Removal Sub -Total $ 228,777 $ None 01-071-06 - Personal Services 5153 - Foreman $ 42125 $ 5250 - Maintenance Persons 249503 - 5810 5810 - Overtime 7 , 5OO Contractual Services 6239 - Refuse Disposal Charges 4,000 Commodities 7213 - Reapr Parts 31500 - 7220 - Rebuild Existing Truck Mtd. Leaf Box 300 - 7221 - Replace Fat. Mtl . Existing Leaf Machine 35000 - 7317 - Street Sweeper Broom Replacements 500 Ca ital Ex enditures 8510 - Constr. New Truck Monted Leat' 1,000 - 8999 - Replace Existing Leaf Machine Eng. 31000 - Sub -Total $ 51,428 $ None Storm Sewer & Basin Maintenance 01-071-07 - Personal Services 5153 - Foreman $ 41163 $ - 5250 - Maintenance Personnel 55318 - 5810 - Overtime 250 Commodities 7322 - Supply Inlet/Catch Basin Repair 33,000 7999 - Rentention Basin Improvements 49000 - Sub -Total $ 163,731 $ None Forestr 01-071-08 - Personal Services 5153 - Foreman Foreman $ 18,089 - 5154 - Forester Superintendent 199479 -- 5250 - Maintenance Personnel 61,534 - 5340 - Maintenance Personnel Part time 25375 - 5810 - Overtime 53000 - Contractual Services 5239 - Refuse Disposal 109000 - 6240 - Contractual Tree Trimming 709000 - 6241 - Parkway Tree Replacement 25,000 - 642 - Forestry Seminars 300 - 1998 - Rental Log Loading Machine 75500 Commodities 7032 - Miscellaneous Equipment 41000 - 7315 - Chemicals & Fertilizers 59500 - Sub -Total $ 228,777 $ None Page 17 Public Grounds Beautification 01-071-10 - Personal Services 5153 - Foreman AMOUNT AMOUNT ,Traffici n Maintenance APPROPRIATED LEVIED 01-071-09 Personal Services 5250 Maintenance Personnel $ 25s407 $ 5340 Maintenance Personnel Part time 2,375 5810 Overtime 500 d Li� 7214 Vandalism Erase Chemicals 150 7217 Nuts, Bolts, Small Tools 600 7324 Sign Making Material 51000 7325 Street Traffic Marking Paint 1,1000 7326 Street Traffic Markings 200 7327 Emergency Barricades 1,500 Sub -Total 36,732 $ None Public Grounds Beautification 01-071-10 - Personal Services 5153 - Foreman 6,3166 5250 - Maintenance Personnel 12,046 5340 - Maintenance Personnel Part time 5,3000 5810 - Overtime 1,200 Commodities 7217 Small Tools 100 7328 Tree, Bush, Flower Replacement, Fertilizer 29500 Sub -Total $ 27,012 None Equ inent Maintenance & Operation 01-071-12 - Personal Services 5153 -Foreman $ 81,459 5251 - Mechanics 33,956 5341 - Part time High School Student 4,680 5342 - Parts Room Attendant 4,940 5810 - Overtime 4.15QO Contractual Services 6116 - Radio Maintenance 33,000 6423 - Mechanic Seminars -/Workshop 750 Commodities 7211 - Gasoline 42,900 7213 -'Repair Parts 60,000 7217 - Small Tool Repair/Replacement 3,1000 Sub -Total $ 166,185 None Pool Vehicle Maintenance erations 01-071-13 - Personal Services,,,., 5251 - Mechanics $ 31,424 Commodities 7211 -Gasoline 79150 7213 - Repair Parts 4,000 Sub -Total 141,574 None Sub -Total 992,497 None Page 18 k IL Water & Set, Oepartment Administration & Su P P2rt _— 41-072-01 - Personal Services 5017 - Director 5081 - Deputy Director 5151 - Superintendent/Water 5152 - Engineer 5413 - Secretarial 5810 - Overtime 5812 - Longevity 5814 - Sick Leave �enefit Contractual Services 6010 - Annual Audit +014 - Computer, Programming 6110 - Copy Machine Rental 6112 - Equipment Maintenance 6113 - Equipment Rental 6114 - Telephone & Alarms 6121 - Computer Maintenance 6210 - Organizational Memberships 6214 - Printing 6217 Postage 6243 Service Charge 6423 Trainings & Meetings 6615 Contributions Re: Chicago Water 6616 Water Conservation Program 6699 Other Services 6710 Insurance Premium -General 6711 Insurance Premium -Hospitalization 6712 Unemployment Compensation 6722 Illinois Municipal Retirement Costs 6790 Computer Purchase Payment Commodities 7022 Film Processing 7024 - Training Materials 7031 - Office Supplies 7032 - Other Supplies 7114 - Uniform Service 7999 - Public Works Open House Cagital Expenditures 8029 - Clothing, Lockers/Storage Shelves 8998 - Computer Terminal 112 8999 - Typewriter Replacement Sub -Total Maintenance of Public 8u1'1gjD9,,s 41-072-02 Personal Services 5250 Maintenance Personnel 5810 Overtime Contractual Services 6226 T E'lectricity 6244 Contractual Repairs 6248 Contractual Roof Repairs Commodities 7213 Repair Supplies 7310 Fuel for Heating Sub -Total A 1 AMOUNT APPROPR'D LEVIED R 9MO 35000 1 9200 1 9500 1 9400 135000 iii ii 350 39500 85400 1005iii 29500 59000 1S500 23,000 IMLA44L 38,000 2 , 000 705000 11,3825 500 6550Q 12000 500s881 None $ 12,385 250 3,000 11000 I IQOO 2,000 5,000 $ 24,635 None Page 20 AMOUNT AMOUNT Maintenance of Grounds APPROPRIATED LEVIED 41-072-03 - Personal Services 5153 - Foreman $ 2,055 $ - 5250 - Maintenance Personnel Full Time 14,9253 - 5340 - Maintenance Personnel Part Time 7,125 - 5810 Overtime 500 - Contractual Services 6617 Rent & Taxes - Well #12 5,000 - Commodities 7214 Lawn Maintenance Chemicals 600 - 7217 Small Tools 250 - 7382 - Maintenance Landscape & Fence 1j8Q0 - Ca; 8023 - fend Lawn Mower Replacement 800 - Sub -Total $ 32,383 $ None Well Maintenance _L_Re Re 41-072-04 Personal Services $155 Electrician $ 2,070 5250 Maintenance Personnel 80,412 5810 Overtime 7,500 Contractual Services 6226 Electrical Energy 3149000 6244 Contract Electric 'Repair 4s000 6245 Electro Rust Proofing Water Storage Tank 5,000 42 6999 - Sand Blast, Clean & Paint Elevated Tank 150,000 Commodities 7213 - Repair, MaIntenance Materials 16,000 7214 - Water Treatment Chemicals 3O,=o 7380 - Phosphate Feed & Chlorin. 1,000 7381 - Level Recorders 11200 Capital Expenditures 428719 - Extra Ori Well ffe--p-a-irs -DIE 140,000 42 8999 - Rep4lce 74 Dodge Van 17,000 Sub -Total 768,182 None Water Distribution Maintenance &_Ppf�ration 41-072-05 Personal Services 5153 Foreman $ 1?5454 5250 Maintenance Personnel 56,596 5340 - Overtime 251,000 Contractual Services 6239 - Refuse Disposal 4,000 6999 Water Leak Survey 10,000 Commodities 7213 Rep,air Materials 20,000 7217 Small Tool 1S000 7327 Emergency Barricades 1,200 7329 Restor. Material Follow. Repair 5,000 Ca pital Expenditures ,- 8030 -Gas Pump's & Emergency Generator 13,000 42 8996 - Replace 70 Backhoe Tractor 52,000 42 8997 Replace 71 Dodge Dump Truck 34s000 42 8998 Replace 70 Step Van 151,000 42 8999 Replace 71 Flatbed Trailer 13S000 _ Sub,Total $ 250,250 Nonp Page 20 5 Water valve . Brant Maintenance 41,-072-06 - Personal Services 5153 - oreman 5250 r Maintenance Personnel 5810 - Overtime Contractual Services 6247 - Contractual Painting Commodities 7213 - Ropa i r Parts 7314 - Paint 7329 - Restoration Materials 7382 Hydrants Caital E enditures 42 8999 - Replace 71 Dodge Dump Truck Sub -Total Water Meter Installation & Re air 41-072-07 - Personal Services 5250 -Mai ntenance Personnel 5340 -- Maintenance Personnel Part Time Summer 5810 Overtime Contractual Services 6217 - s Commodities 7032 - Other Supplies 7213 - Meter Repair Parts 7214 - Meter Cleaning Agents 7217 - Small Tools 7384 - Plastic Seals 7385 - New Meters "Capital Expenditures 42 8999 - Meter Reading 'eh. Sub -Total Equipment Maintenance & Operation 41-072-08 - Personal Services 5153 Foreman 5250 - Maintenance Personnel 5251 - Mechanics 5341 - Part Time School Student OJT 5342 - Parts Room Attendant 5.810 - Overtime Contractual Services 6116 - Rath ,o Maintenance Commodities 7211 Gasoline 721 - Repair Parts 7214 - Steam Cleaner Chemicals 7217 - Small Tools/Repair/Replacement 7218 Plow Blades ,Capital Expenditures 80012 - Replace 72 Pickup 8005 T Radio Equipment Replacements 42 8997 - Replace 70 Dump Track 42 8999 - Crane Hydraulic Accessories Sqb-Total Page 21 AMOU' AMOUNT APPROPRIr 'D LEVIED $ 6,23 $ - 21 , 987 2,500 - 500 - 4,000 -- 1,1 O0 - 1, OQO - 6,000 34,000 $ 779320 $ None $ 45,632 $ 4,750 - 500 139200 1,Q00 4,000 500 500 500 35,000 6,000 $ 1119,582 $ Nene $ 6,344 17 , 592 - 27,263 - 4,680 - 4,940 - 53000 35000 - 37,700 38,000 - 800 - 19500 - 700 - 10,500 - 2,200 - 34,000 - $ 201,219 $ None Water Svstem Improvements 41-072-10 - Capital Expenditures AMOUNT AMOUNT Sanitary Sewer Maintenance APPROPRIATED LEVIED 41-072-09 - Personal Services 42 5153 - Foreman $ 6,244 $ 5250 - Maintenance Personnel 333,523 - 5810 - Overtime 1,500 - Contractual Services Mains DIE 6226 - Electric Entergy Lift Station 500 - 6239 - Refuse Disposal 1,000 - 6244 - Contractual Repairs 3,000 - Commodities Weller Lane at 7213 - Repair/Replace Parts 7,000 - 7214 Chemicals & Cleaning Agents 500 7329 Supplies Parkways/Streets 500 Ca itat ..,_Ex enditures, 42 8999 Replace i68 Truck/W,­/'Ca.tchbasin Cleaner 85,000 Sub -Total 138,767 $ None Water Svstem Improvements 41-072-10 - Capital Expenditures S a n 41-072-11 - Personal Services 5250 -Maintenance Personnel $ 3,545 $ Sub -Total $ 3,545 $ Sub -Total $ 2,273,764 None PARKING SYSTEM DIVISION Administration &_§ypport 8721 - Water Analysis System 5,000 42 8722 - Well #17 DIE 6619 - Land Lease - CN'RR 40,000 42 8723 - Oversize Water Mains DIE 10,1000 42 8998 - Willow Lane between Roberts/Busse 651,000 42 8999 - Weller Lane at Central 455,000 7114 - Uniforms 100 Sub -Total 165,000 None S a n 41-072-11 - Personal Services 5250 -Maintenance Personnel $ 3,545 $ Sub -Total $ 3,545 $ Sub -Total $ 2,273,764 None PARKING SYSTEM DIVISION Administration &_§ypport 46-073-01 - Contractual Services 6619 - Land Lease - CN'RR 85500 6710 - Insurance 6,000 6722 - Illinois Municipal Retirement Fund 11200 Commodities 7114 - Uniforms 100 Sub -Total 15,800 None Collection System Maintenance 46-073-02 - Personal Services 5250 - Maintenance Personnel 5,720 $ Commodities 7213 - Repair Parts 500 Sub -Total 61,220 None Page 22 . ......... Park.,1,, ng Lp,., .4,aintenance 46-073-03 - Personal' Services 5250 - Maintenance Personnel Contractual Services 6226 - Ele,ctrl*c'l'*ty 6791 - Installment Loan Payment Commodities 7213 - Station -Maintenance Supplies 7318 - Cold Patch �,i ta I EXDenditures 8038 - Bicy0e Racks 8725 - Striping Lots 8726 - Resurfacing 8727 - Site Acqui�ition & Preparation 8900 - Station Rehabilitation Sub -Total Sub -Total ENGINEERING DIVISION 01-074-Q - Personal Services 5071 - Village Engineer 8412 - Secretary 58112 - Longevity, Contractual Services 6110'- Copy Machine Costs 6112 Equipment & Maintenance 6210 Organizational Memberships 6217 Postage 6234 Maps & Plats Commodities 7030 - Engineering Supplies Sub -Total Public Iwrovement PI 01-074-02 Personal Services 5140 Civil Engineer 5141 Traffic Engineer 5142 Engineering Assistant 5143 Draftsman/Inspector 5454 Other - Summer Student Commodities 7030 Engineering Supplies Sub -Total Public Improvement Inspections 01-074-03 - Personal Services 5142 - Engineering Assistant Commodities 7030 - Engineering Supplies Sub -Total i Page 23 AWAMOUNT APPROPRIZMAID LEVIED 51,632 3QO 44,300 39000 200 500 1- 500 5,000 12900Q _1_00 000 $ 1719432 None $ 193,452 $ None I $ 303,000 $ 123,304 22300 1,000 300 700 600 3,000 3o000 - --- - ----- $ 53,204 $ None $ 12,438 $ - 7,200 - 16,34$ - 4,$14 - 3P500 - 500 $ 44,800 None $ 20,970 200 0 *W 2l 9170 $ None Street LighlLina 01-074-06 - Personal Services 5142 - Traffic Engineer AMOUNT AMOUNT Traffic E�jneerinj_M�a Maintenance APPROPRIATED LEVIED 01-074-05 -,Personal Services 5141 ffic Engineer $ 15,000 $ 5142 Engineering Assistant 3,184 Contractual Services 6423 Traffic Training School 500 6699 Contractual Traffic Studies 750 Commodities Sub -Total 7030 Engineering Supplies 200 None Sub -Total 19,634 None Street LighlLina 01-074-06 - Personal Services 5142 - Traffic Engineer 4,300 Contractual Services 6226 - Electrical --Energy Maintenance 903000 Ca21tures _t�alExendi .-idential -Street -lighting 8704 - ff6s 1 3,500 Sub -Total 989300 None Sidewalk Construction A_Bfpair, 01-074-07 - Personal Services 5142 - Engineering Assistant 49193 Commodities 7030 - Engineering Supplies 100 Sub -Total 4,293 $ None Motor Fuel Tax Construction 01-074708 - Personal Services 5140 - ivil Engineer $ 112,437 $ 514.2 - Engineering Assistant 81,970 Sub -Total $ 219407 $ None Sub -Total $ 262,808 $ None TOTAL - MAINTENANCE OF PUBLIC FACILITIES $ 3,722,521 $ None ARTICLE IV - REVENUE SHARING FUND Management Services Department Capital Equi ment 21-031-04 - Capital Expenditures 8053 - Forms Burster $ 29000 $ Sub -Total $ 29000 $ None Page 24 Fire Depa c MOI APPROPR , z. AMOUNT LEVIED Catom, ui ient 21-Q42-01 - W tat Exp i tures 8999 Computer Terminal $ 29000 21-042-02 8010 - Firefighting Equipment 111M0 8011 - Breathing ApparatVs 52000 - 8Q12 - Foam Equipment 19500 - 8015 - Turn Out Clothing 6,000 - 21-042-03 8003 - Office Equipment 500 8007 - Photographic Equipment 600 - 8013 - Arson Investigative Equipment 350 .. 8055 - Carbon Monoxide Detector 15650 _ 21-042-04 8012 - Ambulance Rescue Equipment 139500 - 21-042-05 8005 - Radio Equipment 75,100 21-042-06 8Q14 - Water Recovery Equipment 500 21-042-07 8005 - RadioEquipment 32000 - 8017 - Traffic Unit Equipment 1,3000 - 8018 - Emergency Equipment 800 Sub-'dotal $ 54,600 $ none Maintenance of Public Facilities Capital Equipment 21-071-01 - Ca eta Ex el i ures 8999 - Computer Terminal $ 6,500 $ 21-071-02 8003 Office Equipment & Furniture Replacement 500 - ,802,0 - Automatic Fire Detection Device 19000 .- 8506 - Emergency Roof Repairs 2 0QO s - 8993 - Carpet Cleaner 19400 - 8995 - VH Indoor/Outdoor Heat Sen. 13,100 - 8998 VH-Caulk Windows-Siding 99000 -- 21-071-04 8002 - Replace '68 Dump Truck 34,000 - 21-071-05 8044 - Replace One snowplow 5,000 21-Q71-07 8715 - Develop MSD Property 1Q5000 - 21-071-09 8998 - Fetter Cutting Machine 5,600 2l rO71-1 O 8511 - Construct Entrance Marker 72500 8512 - Improve Park Entrance-Weller Creek 69QOO - 8716 - Beautify R/R R.O.W. 20,000 - 8718 r Plant Trees-CBQ 65000 - 21-071-,12 8005 - Radio Equipment Replacement 2,200 - 8998 - sun Scope Printer 2,400 21-074-01 8019 - Engineering Equipment 25000 8997 - New Typewri ter 11000 _ 8998 - Pagers - One New 700 - 8999 - Blueprint Machine Replacement 49000 21-074-05 8998 - Battery Charger/Traffic Counter 500 21.074-07 8501 - New Sidewalks 159000 - 850� - Replace Village Sidewalks 50/50 20,000 - 8503 - Repair Wing Walks 210500 - 8504 - Repair Curbs/Gutters 14,000 - Sub-Total $ 1785800 $. Mone TOTAL REVENUE SHARING $ 3349200 $ Nene Page 25 ARTICLE V CAPITAL EQUIPMENT REPAIR AND REPLACEMENT 51-042-06 - Fire Department Capital Outlay 8951 - Capital Outlay 51-071-03 - Street Department Capital Outlay 8998 Trailer Replacement 8999 - Tractor Mower Replacement 51-071-04 8997 Pick-up True 51-071-08 8999 -- Man Lift & Van Replacement 51-074-05 8999 - Traffic Counter Replacement TOTAL - CAPITAL EQUIPMENT REPAIR AND REPLACEMENT ARTICLE VI - MOTOR FUEL TAX FUND 22-071=-04 7316 - Paving Materials 22-071-05 7331 - Salt 22-071-09 7324 - Sign Making Material 22-074-06 8704 - Street Lighting Program 22-074=08 8505 - Resurfacing 8707 - Traffic Lights 6235 - Traffic Light Maintenance/Energy 6614 Pavement Markings TOTAL - MOTOR FUEL TAX FUND ARTICLE VII - COMMUNITY DEVELOPMENT FUND Personal Services 23-062-04 5016 - Director 514.3 - Planner 5412 - Secretary II 5433 - Assistant Planner 5997 - Part Time Intern 5998 - Structural Inspector Contractual Services 23-062-04 6023 - Legal & Appraisal 6210 - Organizational Memberships 6214 - Printing & Photocopying 6215 - Legal Notices & Postage 6422 - Training & Meetings 6637 - Fringe Benefits Commodities 23-062-04 7031 - Office Supplies Ca ital Expenditures 23-062-04 8709 Senior Citizen Site Disposition 8710 - Low/Moderate Income Ref. Service 8711 - Handicapped Acc. Program 8713 - Residential Rehab. 8714 -- Commercial Rehab. 8715 - Weatheri zati on 8952 - Contingency 8997 - Senior Citizen Humidifier 8998 - Busse/Wille Improvement TQTAL - C0"'`NITY DEVELOPMENT FUND Page 26 AMOUNT AMOUNT APPROPRIATED LEVIED $ 60,000 3,500 12,000 11,000 42,500 1 ,0001 $ 1305000 $ 60,000 509000 15,000 200,000 400,000 505000 110,000 25,000 $ 910,000 $ 3,210 5,1,35 3,1+02 14,500 15800 4,200 Wo 72,580 175536 74,500 50,000 75,000 5,000 10,000 2,000 25,000 $ 60,000 3,500 12,000 11,000 42, 500 1,000 $ Nene - None ARTICLE GENERAL OBLIGATION BOND ... . . .... AMOUI,,#-,--,,/ AMOUNT AND INTEREST FOND APPROPRIATED LEVIED 090,400 G. 0. Bond & Interest Fire Equipment Bonds Issue of 1964 and Interest thereon $ 119070 $ 10,660 Public Works Building Bonds Issue of 1964 and Interest thereon 37,310 37,310 Fire Station Building Bonds Issue of 1964 and Interest thereon 22,235 21,485 Corporate Purposes Bonds Issue of 1973 and Interest thereon 1601,000 164,000 Corporate Purposes Bonds Issue of 1974 and Interest thereon 378,490 365,200 Losses in Collection 41,1625 411�625 TOTAL GENERAL OBLIGATION BOND AND INTEREST FUND $ 65Q9730 $ 636,280 ARTICLE IX - POLICE PENSION FUND 09Q10Q - Police Pension Fund To be paid out of proceeds as provided by law for setting apart, formation and disbursements of a Police Pension Fund $ 310,557 $ P105557 ARTICLE X.- FIREMEN'S PENSION FUND 090200 - Firemen's Pension Fund To be paid out of proceeds as provided by law for setting apart, formation and disubrsements of a Firemen's Pension Fund ARTICLE XI - ILLINOIS MUNICIPAL RETIREMENT FUND 09030Q - Illinois Municipal Retirement Fund For General & Related Funds For Library Purposes TOTAL - ILLINOIS MUNICIPAL RETIREMENT FUND ARTICLE XII - CORPORATE PURPOSES CONSTRUCTION 1973 Services Sewer Rehabilitation Plans Ca,pital EA.penditures ewer Rehabilitation (lst Phase) Weller Creek Foot Bridge & Bank Stabilization TOTAL - CORPORATE PURPOSES CONSTRUCTION 1973 Fund 442,503 $ 402,503 $ 261, 000$ 261, 000 65,000 65s000 $ 326,000 $ 326,000 $ 4009000 $ $ 400,000 $ None 400,00} $ 300 000 700,000 $ None 100,000 $ None AMOUNT AMOUNT ARTICLE XIII - LIBRARY FUND APPROPRIATED LEVIED 100000 - For Library Purposes Operation and Maintenance $ 798,000 $ 798s000 TOTAL - LIBRARY FUND $ 798,000 $ 798,000 ARTICLE XIV - LOCAL LIBRARY WORKING CASH FUND Working Cash Fund $w. 173,000 $ 173,1000 TOTAL - LIBRARY WORKING CASH FUND $ 173,000 $ 173,000 S U M M A R Y General Corporate Purposes Garbage Collection Service Maintenance of Public Facilities Revenue Sharing Fund Capital Improvement, Repair or Replacement Fund Motor Fuel Tax Fund Community Development Fund General Obligation Bond & Interest Fund Police Pension Fund Firemen's Pension Fund Illinois Municipal Retirement Fund Corporate Purposes Construction Fund - 1973 Library Fund Local Library Working Cash Fund Page 28 FROM OTHER TO BE APPROPRIATED SOURCES LEVIED $6,436,668 $4,9861668 $19450,000 1510M00 1 51005000 317221,521 31722,521 - 3342200 334 , 2'00 334,32,00 - 130,000 - 1305000 910,000 910,000 - 378,375 378,375 - 650,730 14,450 636 x 280 310,557 - 3105557 4425503 4425503 326s000 326,9000 191005000 1JO09000 - 798,000 798s000 173,000 173,000 $165812,554 $115446,214 $59.3665340 Page 28 SECTION TWO: That the Village Clerk of the Village of Mount Prospect is hereby directed to certify a copy of this Ordinance and is hereby authorized and directed to file a copy of the same with the County Clerk of Cook County, Illinois,,within the time specified by law, SECTION THREE: That, if any part or parts of this Ordinance shall be held to be unconstitutional or otherwise invalid, such unconstitutional- ity or invalidity, shall not affect the validity of the remaining parts of this Ordinance. The President and Board of Trustees of the Village of Mount Prospect hereby declares that they would have passed the remaining parts of this Ordinance if they had known that such part or parts thereof would be declared unconstitutional or otherwise invalid. SECTION FOUR: That this Ordinance shall be in full force and effect from and -a r its passage and approval and recording as provided by law. NAYS: PASSED THIS day of 1981 APPROVED THIS day of 1981 Carolyn H. Krause, Village President ATTEST: C'a6o__l A. Fields, Vi 11 age Cl e'--r'k ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT., COOK COUNTY, ILLINOIS: SECTION ONE: That Subsection A of Section 13.107 of Chapter 13 of the Municipal Code of the Village of Mount Prospect be . and the same Is hereby amended to increase the number of Class "B" licenses by one (1) by adding thereto the language "Nineteen (19)" as it appears in said Section 13.107 A and substituting therefor the language "Twenty (20)11; so that Section 13.107 A shall hereafter be and read as follows: it Five (5) Class A Licenses Twenty (20) Class B Licenses Nine (9) Class C Licenses Two (2) Class D Licenses One (1) Class E License Two (2) Class L Licenses One (1) Class AT Lcense One (1) Class P License Ten (10) Class R Licenses One (1) Class V License Four (4) Class W Licenses SE CTIO,N TWO This Ordinance shall be in full force and effect from and after Its s passage , approval and publication in the manner provided by law. A.- PASSED and APPROVED this, day of 1981. AYES: ABSENT: ATTEST : Village President 11"M IN WOMON Village Clerk A Butch McGuire s, Ken's Den, Midwest Liquors, Mrs. P & Me, Wille Liquors Carons' Meat N Place Charlie Club , Dover Inn El Sombero, Evans. Four Seasons, Gapers, Jakes Pizza, Kanpai Steak House , Monterey Whaling Village, Pizza Hut, Red Lobster, Sam's Place, Second, Dynasty, Stagger Lee' s Striking Lane, Shogun, Thunderbird, Ye Olde Town Inn, The Reunion, C Alvee Liquors, Balzamo Liquors, Dominicks . Golf Eagle Liquors, Liquor Shoppe, Osco, Mount Prospect Liquors, Walgreen's (Plaza), Walgreen's (Golf & Elmhurst) D Aloose Lodge #660, VFW E Mr. Peters L Captains Steak Joynt, Kallen's Restaurant M Holiday Inn (Raffles) P Arlington Club Beverage R Artemis, Fellinils, Honey Bee, jojos, Patisserie, Pepe's Tacos, Romance Restaurant, Sakura Sue Mee, Torishin V Koyotoya Corp. W Carl's Pizzeria, Sizzler Steak o se, Mount Prospect Pizzeria, Wag's Restaurant U e of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: Mayor and Board of Trustees FROM: Terrence L. Burghard, Village Manager RE: Public Improvements DATE: May 159 1981 At the May 19th Village Board meeting, you will be asked to accept several public improvements . This is a requirement in the Development Code and only takes place after satisfactory inspections by all the departments involved has taken place. The public improvements consist of streets, where applicable, water and sewer mains, sidewalks and right-of-way trees. The items listed on the agenda have been inspected and have been found to be in compliance with the -Codes and therefore your acceptance will be requested. Terrance L. Burghard Village Manager caf/ VILLAGE OF MOUNT PROSPECT CABLE COMMUNICATIONS ORDINANCE ARTICLE I: SHORT TITLE AND PURPOSES OF THE ORDINANCE SECTION 1: SHORT TITLE This ordinance shall be known as the Village of Mount Prospect Cable Communications Ordinance. SECTION 2: PURPOSES The purpose of this ordinance is to: A. Provide for the franchising and regulation of cable television systems within the Village of Mount Prospect, and B. Provide for the payment of a fee and other valuable consideration to the Village of Mount Prospect for the use of Village streets and other public ways in the construction and operation of cable television systems, and to compensate the Village of Mount Prospect for costs associated therewith; and C. Provide for the regulation by the Village of Mount Prospect of the rates and fees to be charged by Grantees under this ordinance, and D. Provide for the development of cable television as a means to improve communication between and among the citizens and public institutions of the Village of Mount Prospect, and E. Provide remedies and prescribe penalties for violation of this ordinance and the franchises granted hereunder. -1- SECTION I: DEFINITIONS For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The or "shall" is always mandatory and not merely directory. A. "Agency" means the person, department or agency designated by the Village of Mount Prospect to act in matters related to cable television or in the absence of such designation, the President and Board of Trustees of the Village of Mount Prospect. B. "Auxiliary Services" means any communication service in addition to "regular subscriber services" including, but not limited to services for is a per program or per channel charge is made, pay TV, burglar alarm services, data or other electronic transmission services., facsimile reproduction services, meter reading services, home shopping services, interactive two-way services and any other service utilizing any facility or equipment of a cable television system operating pursuant to a franchise granted under this ordinance. C. "Board" means the President and and of - Trustees of the Village of Mount Prospect. D. "Cable Television System" (or CATV system) means any non -broadcast facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment, that distributes or is designed to distribute to subscribers audio, video and other forms of electronic or electrical signals, but such term shall not include any such facility that serves or will serve only subscribers in one or more multiple unit dwellings under common ownership, control or management, and does not use municipal rights-of-way. "Channel" is a band of frequencies, six megahertz EV wide in the electro -magnetic spectrum capable of carrying either one video signal and a few non -video signals, or a large number of nonvideo signals. F. "Converter" means an electronic device provided by a Grantee which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all signals delivered at'designated dial locations. -2- WJ1 A, G. "Depreciated Replacement Value" means an amount to be determined which represents the cost to duplicate or replace or reconstruct the cable television system, as built, less deductions for depreciation (straight line method) representing the actual period in which such facilities have been in place in the Village of Mount Prospect, This estimate would be performed by a qualified and nationally recognized consulting engineer, expert in matters of cable television management and financing. H. "Fair Market Value" means the price that a willing buyer would pay to a willing seller for a going concern based on the system valuation and sale multiples prevailing in the industry. I. "Federal Communications Commission" or "FCC" means the present federal agency of that name as constituted by the Communication Act of 1934, or any successor agency created by the United States Congress. J. "Franchise" means the non-exclusive rights granted hereunder, or as described in a Franchise Agreement entered into between the Village of Mount Prospect and a Grantee, to construct and operate a cable television system along the public ways in the Village of Mount Prospect, or within specified areas in the Village of Mount Prospect, and is not intended to include any license or permit required for the privilege of transacting and carrying on a business within the Village of Mount Prospect as may be required by other ordinance and laws of the Village of Mount Prospect. K. "Franchise Area" means that portion of the Village of Mount Prospect for which a franchise is granted under the authority of this ordinance. If not otherwise stated in the franchise, the Franchise Area shall be the corporate limits of the Village of Mount Prospect including all territory thereafter annexed to the Village of Mount Prospect. L. "Grantee" means the natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind granted a franchise by the Village of Mount Prospect under this ordinance and its lawful successor, transferee or assignee. M. "Gross Revenues" means all revenue derived directly or indirectly, excluding interest income, from the operation or use of all or part of a Cable Television System franchised pursuant to this ordinance by the Grantee, its affiliates, subsidiaries, parents, and any person in which the Grantee has a financial interest including, but not limited to, revenue from regular subscriber service fees, auxiliary service fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, and advertising revenues: provided, however, that this shall not include any taxes on services furnished by the Grantee herein imposed directly upon any subscriber or user by the State, local or other governmental it and collected by the Grantee on behalf of said governmental unit. N. "Persons" means any people, firms, corporations, associations or of legally recognized entities. 0. "Public Way" an the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, conduit, tunnel., park, parkways, waterways, utility easements or other public right-of-way or hereafter held by the Village of Mount Prospect which shall entitle the Village of Mount Prospect and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's cable television system. No reference herein, or in any franchise, to the "public way" shall be deemed to be a representation or guarantee by the Village of Mount Prospect that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the Village of Mount Prospect as the Village of Mount Prospect may have the undisputed right and power to give. P. "Regular Subscriber Service" shall mean the distribution to subscribers of signals over the cable television system on all channels except those for which a per -program or per -channel charge is made, two-way services, and those intended for reception by equipment other than a television broadcast receiver. Q. "Schools" means all public, and private, elementary and secondary schools, junior colleges, colleges and universities which have been granted a certificate of coition by the Illinois State Board of Education, pursuant. regni to Section 2-3.25 of the Illinois School Code. R. "Subscriber" means any person who receives the regular subscriber service /or any one or more of such other services as may be provided by the Grantee's cable television system, and does not further distribute such service(s). S. "Two-way Servicell means the subscriber or any other location shall have the capability to choose whether or not to respond immediately or by sequential delay by utilizing any type of terminal equipment whatever, by pushbutton code, dial code, meter, voice, video including, but not limited to, audio and video, electrical or mechanically produced signal, display and/or interrogation. -4- I T. "User" means a person or organization utilizing a system channel or system equipment and facilities for purposes of production and/or transmission of material, as contrasted with receipt thereof in a subscriber capacity. ARTICLE III: GRANT OF AUTHORITY SECTION 1: No person, firm, company, corporation or association shall construct, install, maintain or operate a cable television system within the Village of Mount Prospect, or within any other public property of the Village of Mount Prospect, unless a franchise has first been obtained pursuant to the provisions of this ordinance, and unless such franchise is in full force and effect. Such franchise shall not take the place of any other license or permit which may be legally required of the Grantee in order to conduct such a business. SECTION 2: FRANCHISE APPLICATIONS A. After receiving applications for a franchise, the Board, after considering financial, technical, programming and rate proposals, and the legal and character qualifications of the applicants, may, by ordinance, grant one or more nonexclusive franchises creating a right to construct and operate a cable television system within the public ways of the Village of Mount Prospect. Franchise(s) will be granted to the applicant(s) which in the Board's judgement may best serve the public interest; provided, however, no provision of this ordinance shall be deemed or construed as to require the Board to grant a franchise. B. The application for a cable television franchise shall be submitted to the Village of Mount Prospect, or its designee, on a written application form furnished by the Village of Mount Prospect, and in accordance with procedures and schedules to be established by the Village of Mount Prospect. The application form may request facts and information the Village of Mount Prospect deems appropriate. Applications shall be accompanied by a non-refundable application fee in an amount determined by the Village of Mount Prospect, which amount shall be used by the Village of Mount Prospect to offset direct expenses incurred in the franchising and evaluation procedures, including, but not limited to, staff time and consulting assistance. -5- applicant (Grantee) to whom the Village of Mount Prospect grants a non-exclusive franchise shall, in addition to the non-refundable fee specified hereinabove, pay to the Village of Mount Prospect at the time +Che Grantee files the written instrument specified in Article VII, Section 9, an amount to be determined by the Board to be used to offset all direct, reasonable expenses actually incurred by the Village of Mount Prospect in granting the franchise which are not defrayed by fees forthcoming from the provisions of Paragraph (B) of this section, ARTICLE IV: FRANCHISE CONDITIONS SECTION 1: FRANCHISE TERM AND NON -EXCLUSIVITY The term of an original franchise shall be no more than fifteen (15) years from the date the franchise is accepted by the Grantee. The term of a renewed franchise shall be no more than fifteen (15) years. No franchise granted pursuant to this ordinance shall give any exclusive right to a Grantee and every such franchise shall be deemed to reserve the right to grant of franchises to use and occupy the public ways of the Village of Mount Prospect for cable television or any other purpose on such terms as the Village of Mount Prospect may then deem appropriate. SECTION 12: NOTICE TO THE GRANTEE Except as provided in Section 4A of this Article the Village of Mount Prospect shall not take any final action involving the evaluation, modification, renewal, revocation or termination of the Grantee's franchise unless the Village of Mount Prospect has (1) called a meeting for such purpose, (2) advised the Grantee in writing, at least thirty (30) days prior to such meeting, as to 'Its time, place and purpose and (3) published a notice, at least once, ten (10) days before the meeting in a newspaper of general circulation within the Village of Mount Prospect. The Grantee and any interested person shall be entitled to be heard at such meeting. SECTION 3: FRANCHISE REVIEW AND MODIFICATION It shall be the policy of the Village of Mount Prospect to amend a franchise, upon application of the Grantee, when necessary to enable the Grantee to take advantage of technological advancements which will afford it an opportunity to more effectively, efficiently, or economically serve its subscribers; provided, however, that this Section shall not be construed to require the Village of Mounto Prospect to make any amendment. in rurther, within the term of the franchise, the Village of Mount Prospect may after notice and hearing as required in Section 2 of this Article, adopt a resolution providing for reasonable and appropriate modifications in Grantee's franchise of a nature that would not result in effectively terminating same, provided that the Village of Mount Prospect shall not make any amendments or modifications to this ordinance or a franchise granted hereunder which would alter the provisions of Article IV, Sections 5(D) or 6(E) during the term of any franchise granted hereunder. SECTION 4: PERFORMANCE EVALUATION SESSIONS A. The Village of Mount Prospect and the Grantee shall hold performance evaluation meetings within thirty (30) days of the third, fifth, tenth and fourteenth anniversary dates of the Grantee's award of the franchise and as required by federal and state law. All such evaluation meetings shall be open to the public. Grantee shall be solely responsible for notifying the Village of Mount Prospect, in writing, at least sixty (60) days in advance, of each of the specified performance evaluation meetings, and no notice to the Grantee pursuant to Section (2) of this Article shall be required. B. Special evaluation meetings may be held at any time during the term of the franchise at the request of the Agency or the Grantee. C. All evaluation meetings shall be open to the public and announced by the Board in a newspaper of general circulation in accordance with the notice requirements of Article IV, Section (2) above. No such newspaper notice shall be required as to any adjourned meetings. Grantee shall notify subscribers of all evaluation meetings including any adjourned meetings by announcement on the highest use origination channel on the system no less than three (3) times between the hours of 7 o'clock p.m. and 9 o'clock p.m. for five (5) consecutive days immediately preceding each meeting, D. Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to, service rate structures, franchise fees, penalties, free or discounted services, applications of new technologies, system performance, services provided, programming offered, customer complaints, privacy, amendments to this ordinance, modification to the franchise, judicial and FCC rulings, line extension policies and Grantee or Village of Mount Prospect rules. E. During a review and evaluation by the Village Of Mount Prospect, the Grantee shall fully cooperate with the Village of Mount Prospect and shall provide such information and documents as the Village of Mount Prospect may request to reasonably perform its review. F. If at any time during its review, the Village of Mount Prospect determines that reasonable evidence exists of inadequate CATV system performance, it may require the Grantee to perform tests and analysis directed toward the suspected inadequacies. The Grantee shall fully cooperate with the Village of Mount Prospect in performing such testing and shall prepare results and a report if requested within thirty (30) days after notice. Such report shall include the following information: 1. The nature of the complaint or problem which precipitated the special tests-, 2. What system component was tested; 3. The equipment used and procedures employed in testing; 4. The method, if any, in is such complaint or problem was resolved. 5. Any other information pertinent to said tests and analysis which may be required. 6. The Village of Mount Prospect may require the test to be supervised at Grantee's expense by a professional engineer to be approved by the Village of Mount Prospect not on the permanent staff of the Grantee. The engineer should sign all records of special tests and forward to the Village of Mount Prospect such records with a report interpreting the results of the test and recommending actions to be taken. G. The Village of Mount Prospect rights under this section shall be limited to requiring tests, analysis and reports covering specific subjects and characteristics based on said complaints or other evidence when and under such circumstances as the Village of Mount Prospect has reasonable grounds to believe that the complaints or other ei- Jdence require that tests be performed to protect the v public against substandard cable service. SECTION 5: FRANCHISE RENEWAL A. The Grantee shall be solely responsible for requesting the Village of Mount Prospect, in writing, to hold a special meeting, the purpose of which will be to review the Grantee's performance during the term of its franchise, to consider the adequacy of the franchise from the standpoint of the Village of Mount Prospect, the GTantee, and the Federal Communications Commission Rules for Cable Television, and to determine the advisability of renewing the -8- Grantee's franchise. Unless the Village of Mount Prospect shall consent to some lesser notice, said request shall be made not less than twelve (12) months prior to the franchise expiration date. Upon receipt of said request, the Village of Mount Prospect shall adopt a resolution setting forth the time and place of the special meeting. If no request for renewal is made, the franchise shall expire according to its terms, provided, however, that the Board may extend the term of the franchise in six (6) month increments during the franchise renewal process provided for in this Section. B. The Village of Mount Prospect shall hear any interested persons during said special meeting and shall determine whether or not the Grantee did reasonably comply with the terms and conditions imposed by this ordinance and the franchise. Notice of such meeting shall be given in accordance with Article IV, Section 2, and Section 4C. above. C. If the Village of Mount Prospect determines that the Grantee has been in reasonable compliance with the terms and conditions imposed by this ordinance and the franchise, the Village of Mount Prospect may, by resolution, renew the Grantee's franchise, with any modifications it deems desirable, for a period of time not longer than fifteen (15) years. D. Notwithstanding the fact that the Board may determine that the Grantee has been in reasonable compliance with the terms and conditions imposed by this ordinance and the franchise, the Board shall have the right not to renew the franchise. If the Board does not renew the franchise, the Board shall, to the extent then permitted by existing law, have the options to: Acquire at fair market value all the assets of the Grantee's operations within the Village; or require the sale at fair market value of all such assets to a succeeding Grantee; or require the removal of all such assets from the Village. Except as provided in Section 8 of this Article, the Board's above -stated options must be exercised within one (1) year from the date of the franchise expiration, unless such period is extended with the consent of the Grantee. E. The Village of Mount Prospect shall have the right to recoup from the Grantee all direct expenses incurred pursuant to renewal of the franchise whether or not the franchise is renewed. A. Whenever a Grantee shall refuse, neglect or willfully fail to construct, operate or maintain its cable television system or to provide service to its subscribers in substantial accordance with the terms of this ordinance and the franchise or to comply with the conditions of occupancy of any public way or to make required extensions of service, or shall in any other way substantially violate the terms and conditions of this ordinance, the franchise, or any applicable rule or regulations, or practices any fraud or deceit upon the Village of Mount Prospect or its subscribers, or fails to pay franchise fees when due, or if a Grantee becomes insolvent,, as adjudged by a court of competent jurisdiction, or is unwilling to pay its uncontested debts, or is adjudged bankrupt, or seeks relief under the bankruptcy laws, then the franchise may be revoked. B. In the event the Village of Mount Prospect or the Agency believes that grounds for revocation exist or have existed, the Village of Mount Prospect or Agency may notify a Grantee, in writing, setting forth the nature and facts of such noncompliance. If, within thirty (30) days following such written notification, the Grantee has not furnished reasonably satisfactory evidence that corrective action has been taken or is being actively and expeditiously pursued, or that alleged violations did not occur, or that the alleged violations were beyond the Grantee's control, the Agency shall thereupon refer the matter to the Village of Mount Prospect. C. Upon referral from the Agency or by its own motion, the Village of Mount Prospect may, following notice of the grounds for revocation, and hearing pursuant to Section 2 of this Article, evoke a franchise pursuant to Paragraph A. of this section. D. In the event that a franchise has been revoked by the Village of Mount Prospect, the Village of Mount Prospect shall have an option, to the extent then permitted by existing law, to either purchase the tangible assets of the Grantee's cable television system previously governed by the franchise at their depreciated replacement value or fair market value, excluding any value attributable to good will, whichever is less, to any person, including a successor Grantee, whether or not for consideration paid to the Village of Mount Prospect and without consideration to the Grantee, or to require the Grantee to removal all the assets of the Grantee's operations within the Village of Mount Prospect. Unless some later date is agreed to by the Grantee and except date is agreed to by the Grantee and except as provided in Section 8 of this Article, such an option use be exercised within one (1) year from the date of the revocation of the franchise, or the entry of the final judgement by a court reviewing the question of the Village's recovatin n, or the entry of a final order upon appeal of the same, whichever iS later. E. The termination of a Grantee's rights under a franchise shall in no way affect any other rights the Village of Mount Prospect may have under the franchise or under any provision of law or ordinance. SECTION 7: ARBITRARY AND CAPRICIOUS ACTION BY GRANTEE If a Grantee arbitrarily and capriciously discontinues service to a substantial number of its subscribers, the Grantee's franchise may be revoked by a resolution of the Village of Mount Prospect following notice to the Grantee and an opportunity to be heard. Notwithstanding the provisions of Article IV, Section 23, notice to the Grantee under this section may be less than thrity (30) days. Provided further, the Village of Mount Prospect may seek appropriate Judicl-al or other relief and/or may proceed to exercise its rights and powers as provided for herein. SECTION -81 PROVISION FOR ARBITRATION A. In the event the Board exercises its options to acquire all of the assets of the Grantee, and the fair market or depreciated replacement value cannot be agreed upon, said value(s) shall be determined by a panel of arbitrators,, which panel may be requested by either the Board or the Grantee no sooner than ninety (90) days after notice that the Village desires to purchase the system. The panel shall be composed of one arbitrator chosen by the Village, one arbitrator chosen by the Grantee, and a third arbitrator chosen by the first two arbitrators. The expenses of the arbitration, including the fees of the arbitrators, shall be borne by the parties in such man nter as the arbitrators pr i ovIL de in their award, but in no event will the Village be obligated for more than one-half of said expenses. The determination of a majority of the arbitrators all be binding on the parties. The arbitrators shall follow the rules and procedures of American Arbitration Association except where in conflict with an express provision of this ordinance. The arbitration hearing shall to place in Cook County, unless otherwise agreed to by the parties 'in writing. Notwithstanding any other timetable imposed by this ordinance, the Village shall, within ninety (90) days following notice to it of the decision of the arbitrators, either withdraw any notice it may have given of its intent or election to acquire the Grantee's system or shall affirmatively accept the decision of the arbitrators and affirm its election to purchase the system or assets. If the Village of Mount Prospect fails to accept the arbitrator's decision and affirm its election to purchase within the aforesaid ninety (90) day period, the rights of the Village of Mount Prospect to purchase shall expire. SECTION 9: TRANSFER OF OWNERSHIP TO GRANTOR In those circumstances wherein the Village of Mount Prospect shall have elected to purchase ownership of all the assets of the Grantee's operations within the Village of Mount Prospect, the Village shall, unless the Grantee shall agree to some other terms, pay, in cash to the Grantee, the price of such assets plus any interest which may have accrued from the date the Village of Mount Prospect or any interim operator assumed direction and control of the Grantee's cable system within the Village of Mount Prospect to the date of payment. Such payment shall be made within twelve (12) months following the date upon which the election to purchase becomes irrevocable. Title to the system or assets shall pass to the Grantor upon such payment. SECTION 10: GRANTEE'S OBLIGATION AS TRUSTEE A. At all times from the expiration or revocation of a franchise and until either (1) a Grantee transfers to the Village of Mount Prospect or other succeeding operator of the system all Of its rights, title and interest to all assets, real and personal, related to its cable television system or (2) the Village of Mount Prospect's right to either acquire or assign its rights to acquire any of the Grantee's assets expires without the Village of Mount Prospect having exercised such a right, whichever occurs first, the Grantee shall have a duty to such successor as a trustee holding such assets for the benefit of such successor and the Grantee shall not sell any of the system assets nor shall the Grantee make any physical, material, or administrative operational changes that would tend to (1) degrade the quality of service to the subscribers, (2) decrease gross revenues, or (3) materially increase expenses without the expressed permission, in writing, of the Village of Mount Prospect or its assigns. Immediately upon the assumption of operating control of the system by the Grantee or a successor Trustee, the Village of Mount Prospect shall cause an independent appraisal and inventory of all the assets of the system to be made to .verify and establish the existence and -12- condition of all such real and personal property of the system. The Grantee shall at all times operate the systdm in accordance with terms of this ordinance and the terms of the franchise as if the franchise had not expired or had not been revoked. In the event the Grantee fails or refuses to operate the system as a Trustee, the Village of Mount Prospect shall have the right to apply to a court of competent jurisdiction for permission to name a successor Trustee or operate the system itself as a trustee in accordance with the terms of this ordinance and the terms of the franchise. B. In the event of expiration or revocation of a franchise, this section shall not be construed to give a Grantee any vested or other franchise right, but the right of the Grantee in such circumstances shall exist only on a day-to-day basis until the transfer is affected. C. As full compensation for its ownership interests during this interim period, the Grantee shall be entitled to receive the net profit generated during the period between the expiration or revocation of the franchise, as the case may be, and the transfer of title to the Grantee's assets to the Village of Mount Prospect or a successor Grantee. Net profit shall be determined in accordance with generally accepted accounting principles and reported on a basis which is consistent and comparable with the format of the books and accounts maintained by the Grantee during the immediately preceding two fiscal years and as presented in the audited financial statements. D. Further, this section shall in no way limit the power of the Village of Mount Prospect, upon expiration or revocation of a franchise, to require the Grantee to cease all operations whatsoever and/or remove its assets from the Village of Mount Prospect, or otherwise exercise any rights the Village of Mount Prospect would otherwise have. SECTION 11: FRANCHISE FEE A. The Grantee, in consideration of the privilege granted under the franchise for the operation of a cable television system, and the expense of regulation pursuant to the franchise incurred by the Village, shall pay to the Village a per cent of its annual gross revenues during the period of its operation under the franchise. This per cent shall be set forth in the franchise and shall be no more than the maximum amount as may be set from time to time by controlling Federal or State law. Such franchise fee shall be payable to the Village of Mount Prospect within thirty (30) days of the close of each month in which the Grantee provides service to the Village of Mount Prospect. -13- B. The Grantee shall it with the Village of Mount Prospect, within thirty (30) days after the expiration of each of the Grantee's fiscal quarters, a financial statement clearly showing the gross revenues received by Grantee during the preceding quarter. The Grantee shall also file, w 'thin one hundred twenty (120) days following the conclusion I of the Grantee's fiscal year, an annual report prepared and audited, at Grantee's expense, by an independent Certified Public Accountant acceptable to the Village of Mount Prospect, clearly showing the yearly total gross revenues. C. The Village of Mount Prospect shall have the right, consistent with the provision of Article V, Section 2, Paragraph C, to inspect the Grantee's income records, the right of audit and the recomputation of any amounts determined to be payable under this ordinance. Any additional amount due the Village of Mount Prospect as a result of the audit shall be paid within thirty (30) days following written notice to the Grantee by the Village of Mount Prospect is notice shall include a copy of the audit report. The cost of said audit shall be borne by the Grantee if it is properly determined, by an independent auditor chosen by the Village of Mount Prospect and Grantee, if necessary, that the Grantee's annual payment due to the Village of Mount Prospect for the preceding year is increased thereby by more than five percent (5%), otherwise, such costs shall be borne by the Village of Mount Prospect. D. In the event that any franchise payment or recomputed amount is not made on or before the applicable dates heretofore specified, interest shall be charged from such at at an annual rate of two (2) percentage points over the prime rate given by the Continental Illinois National Bank to its most credit worthy borrowers of demand loans. E. In the event the franchise is terminated for any reason, the Grantee shall file with the Village of Mount Prospect, within thirty (30) days of the termination of IS service by the Grantee pursuant to the franchise or th' ordinance, a financial statement clearly showing the gross revenues received by Grantee since the end of the previous fiscal quarter. The Grantee shall pay the franchise fee due at the time such statement is filed or within thirty (30) days, whichever is sooner, SECTION 12: LIABILITY AND INDEMNIFICATION A. The Grantee shall save and hold the Village of Mount Prospect, its corporate authorities, officers, boards, commissions, employees and agents harmless from any injury, claim, demand, suit, judgement, execution liability, debt damages or penalty (hereinafter referred to as '"claims"") arising out of, resulting from, or alleged to arise out of or result from, the construction, erection, installation, operation, maintenance of, or other activity connected with, the Grantee's cable television system, whether such acts or omissions are those of the Grantee, whether or not any such act or omission is authorized, allowed or prohibited by this ordinance of the Grantee's franchise. These damages shall include but not be limited to penalties arising out of copyright infringements and damages arising out of any failure by Grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the Grantee's cable television system. The Grantor shall give immediate written notice to Grantee of any "claim" or facts which might given rise to a "claim" under this section. Said notice shall state particulars sufficient to identify the "claim" and shall contain reasonably sufficient to identify the "claim" and shall contain reasonably obtainable information respecting the time, place, and circumstances of the occurrence underlying the "claim" or potential "claim." The Grantor shall immediately forward to Grantee any demand, notice, summons, or other process received by it or its agents in connection with a "claim" described in this section. Further, the Grantor shall cooperate with Grantee and assist in the investigation of any "claim" and settle any "claim," and the right to enforce any right of contribution or idemnity against any third party who may be Liable to Grantor or Grantee because of any occurrence giving rise to a "claim." B. The Grantee shall pay and by its acceptance of a franchise shall be deemed to have specifically agreed that it will pay all expenses incurred by the Village of Mount Prospect in defending itself with regard to all claims mentioned in subsection A. above. These expenses shall include all out-of-pocket expenses, such as attorneys' fees, and shall also include the reasonable value to any services rendered by any employee of the Village of Mount Prospect. C. The Grantee shall maintain at its own expense, and by its acceptance of a franchise shall be deemed to have specifically agreed that it will maintain throughout the term of such franchise, comprehensive general liability insurance insuring the Village of Mount Prospect and the Grantee with regard to all claims mentioned in subsection A above in the minimum amounts of: -15- (1) Five Million Dollars ($5,000,000) for bodily 0 injury or death to any one person, within the limit, however, of Ten Million Dollars ($10,000,000) for bodily injury or death resulting from any one accident; (2) Two Million Dollars ($2,000,000) for property damage, including damage to Village property, resulting from any one accident; (3) Two Million Dollars ($2,000,000) for all other types of liability resulting from any one occurrence. (4) During any period of construction., adequate coverage to meet liability under the Illinois Structural Work Act; (5) Workers' Compensation Insurance within statutory limits and Employers' Liability Insurance of not less than One Hundred Thousand Dollars ($100,000). All policies of insurance required by this Section shall be placed with companies which are qualified to write insurance in the State of Illinois by the Illinois Director of Insurance and which maintain throughout the policy term a General Rating of "A" and a Financial Size Category of "XV as determined by the A.M. Best Company. No insurance policy which provides for a deductible in excess of Two Hundred Fifty Thousand ($250,000) Dollars shall be accepted to meet the requirements of this section. D. The Grantee shall maintain at its own expense and by its acceptance of a franchise shall be deemed to have specifically agreed that it will maintain throughout the term of such franchise, a faithful performance, license and franchise bond or letter of credit'. as specified in the franchise agreement, running to the Village of Mount Prospect, wit at least two good and sufficient sureties approved by the Village of Mount Prospect, in the penal sum of Two Hundred Thousand Dollars ($200,000), or such greater or lesser sum as may be specified in such franchise. When regular subscriber service is available to more than ninety per cent (90%) of the occupied dwelling units within the Primary Service Area, as described in Article VI, Section 2, the amount of the bond or letter of credit shall be reduced to the amount specified in the franchise, or if no amount is ified therein, I spec then to the sum of Fifty Thousand Dollars Said bonds or letter of credit shall be conditioned that the Grantee shall well and truly observe, fulfill, and perform each term and condition of this ordinance and its franchise and that in case of any breach of condition of the bond, or letter of credit, the amount thereof, shall be recoverable from the principal and sureties thereof by the Village of Mount Prospect for all damages and costs, whether direct or indirect, resulting from the failure of the Grantee to well and faithfully observe and perform any provision of this ordinance or its franchise. Such damages and costs shall be deemed to include, as a minimum and without limitation any expenses as may be incurred by the Village of Mount Prospect as a result of Grantee's failure to comply with the obligati -ons imposed by this ordinance and the franchise inc ' luding, but not limited to, attorneys' fees and costs if any action or proceeding, the cost of refranchising, and the cost of removal or abandonment of any property, or other costs which may be in default, which costs shall be conclusively presumed to amount to a sum equal to at least the penal sum of such bond. The Village of Mount Prospect shall have no obligation to devote the proceeds of such bond or letter of credit to the completion, connection, operation or removal of Grantee's cable television system, all of which shall remain the obligation of the Grantee. The Village of Mount Prspect's right to recover under the bond or letter of credit shall be in addition to any other rights retained by the Village of Mount Prospect under this ordinance and other applicable law. E. In addition to the requirements of Paragraph D above, the Grantee shall maintain at its own expense, and by its acceptance of a franchise be deemed to have agreed that it will maintain on deposit with the Village of Mount Prospect throughout the term of such franchise a cash escrow or a letter of credit as specified in the franchise agreement, from an Illinois financial institution in the amount of Ten Thousand Dollars ($10,000) or such greater or lesser amount as may be specified in the franchise agreement. The form and content of such escrow or letter of credit shall be approved by the Village of Mount Prospect's attorney. The escrow or letter of credit shall be conditioned in the same manner as the bond hereinabove required and may be drawn on by the Village of Mount Prospect to compensate itself for any of the damages or costs specified in subsection D above. In particular, but without limitation, such escrow or letter of credit shall be drawn on in the case of any default or failure of the Grantee to pay any fees, penalties, claims, liens or taxes due the Village of Mount Prospect under Article VII, Section 12 of this ordinance or the franchise. Upon drawing on such escrow or letter of credit for any reason, the Village of Mount Prospect shall notify the Grantee. The Grantee shall, within three (3) days of the receipt of such notification, take all action required to restore the escrow or letter of credit to its original full amount. The rights reserved to the Village of Mount Prospect with respect to the escrow or letter of credit are in addition to all other rights of the Village of Mount Prospect,.whether reserved by this ordinance or the franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such escrow or letter of credit shall affect any other right the Village of Mount Prospect may have. -17- F. All insurance policies, bonds, escrows and letters of credit required by this section shall contain a provision requiring at least thirty (30) days written notice to both the Village of Mount Prospect and the Grantee of any cancellation, termination, or other expiration and shall Ide that no such cancellation, termination or expiration provi I ,all be effective prior to such notice. Each such policy, bond, escrow and letter of credit must be approved by the President and Board of Trustees of the Village of Mount Prospect and copies of such documents, along with written evidence of payment by the Grantee of required premiums or fees shall be filed and maintained with the Village Manager. Notices of renewal of any expiring policy or bond shall be filed with the Village Manager at least sixty (60) days prior to the date of such expiration. G. If the Grantee proposes to secure a new insurance policy, and or letter of credit instead of renewing an existing policy, bond or letter of credit, the Grantee shall, at least thirty (30) days for to the expiration date of any such existing insurance policy, bond or letter of credit, submit to the President and Board of Trustees of the Village of Mount Prospect a copy of the proposed new policy, bond or letter of credit, and such proposed new policy, bond or letter of credit shall become effective only upon the expiration at of such expiring policy, bond or letter of credit if the President and Board of Trustees of the Village of Mount Prospect have approved the terms and coverage of the said proposed new policy, bond or letter of credit. The Grantee shall comply with all applicable provisions of this section as to any such new policy, bond or letter of credit. SECTION 13: TRANSFER OF FRANCHISE A. A franchise granted under this ordinance shall be a privilege to be held personally in trust by the Grantee except as otherwise provided in the franchise agreement, the franchise shall not be assigned, transferred, mortgaged, leased or sublet, sold or disposed of, transferred in trust, pledged, in of or in part, by voluntary sale, merger, sale and leaseback, consolidation or otherwise or by forced or involuntary sale, without prior consent of the Village of Mount Prospect expressed by resolution and then on only such conditions as may therein be prescribed. Any sale, transfer or assignment not made according to the procedures set forth in this ordinance shall render the franchise void. The sale, transfer or assignment in' bulk of the major part or the tangible assets of the Grantee shall be considered an assignment and shall be subject to the provisions of t4iis section. B. Any sale, transfer or assignment authorized by the Village of Mount Prospect shall be made by a bill of sale or similar document, an executed copy of is shall be it with the Village of Mount Prospect within thirty (30) days after such sale, transfer or assignment. The Village of Mount Prospect shall not withhold its consent unreasonably; provided, however, the proposed assignee agrees to comply with all the provisions of this ordinance and the franchise and reasonably amendments thereto, and must at a minimum, satisfy the legal, financial, technical and character qualifications required by Article III, Section 2 of this ordinance. C. Prior approval of the Village of Mount Prospect shall be required where ownership or control of more than twenty per cent (20%) of the right of control of the Grantee is acquired during the term of the franchise in any transaction or series of transactions by a person or group of persons acting in concern, none of whom owned or controlled twenty (20) per cent or more of such right of control, singularly or collectively on the effective date of the franchise. By its acceptance of this franchise, the Grantee specifically grants and agrees that any such acquisition occurring without prior approval of the Village of Mount Prospect shall render the franchise void. D. The consent of the Village of Mount Prospect to any sale, transfer lease, trust, mortgage or other instrument of hypothecation shall not constitute a waiver or release of any of the rights of the Village of Mount Prospect under this ordinance and the franchise. ARTICLE V: SUBSCRIBER AND USER FEES AND RECORDS SECTION 1: SUBSCRIBER AND USER FEES A. By accepting a franchise granted pursuant to the terms and conditions imposed by this ordinance, the Grantee agrees that the Village of Mount Prospect shall have the authority and right to cause the Grantee's fees for regular subscriber service, and all other subscriber and user services to the extent permitted by law or FCC rules and regulations, to conform to the provisions contained herein. The Village of Mount Prospect shall also have the authority and right to fix fees and to deny increases or order reduction of fees when it determines that in the absence of such action on its part, the Grantee's fees or proposed fees do not conform to the stiuplations contained herein. B. All charges to subscribers and users shall be consistent with a schedule of fees for all services offered as established by the Grantee. Changes in the fee schedule shall not take effect until at least ninety (90) days after notification of same is delivered to the Village of Mount Prospect and to current subscribers and users. All charges to subscribers and users, and any proposed increase in such charges, shall be fair., reasonable and just and in no event shall any such charge be greater than necessary to meet the costs of service (assuming efficient and economical management) and to provide a fair rate of return. C. The Grantee shall not, with regard to fees, discriminate or grant any preference or advantage to any person; provided, however, that the Grantee may establish different rates for different classes of subscribers or users based upon cost of service differentials, provided that the Grantee not discriminate between any subscribers or users of the same class. D. Notwithstanding the foregoing provisions, and except in the case of extraordinary circumstances as approved by the Village of Mount Prospect, the Grantee shall not increase the fees for services proposed in the franchise application above the rates specified in said application for a period of thirty-six (36) months from the time service is provided to the first subscriber pursuant to the Grantee's franchise; provided, however, that the Grantee shall have the authority and the right to add to its service or installation fees any Federal, State or local taxes or fees directly imposed on subscribers, and for any additional copyright fees that may be imposed as a result of legislative or judicial action at the Federal, State or local level taken after the filing of the franchise application. If during the term of the franchise, the Grantee receives refunds of any copyright payments, it shall without delay notify the Village of Mount Prospect, suggest a plan for flow-through of the refunds to its subscribers, and retain such refunds in an interest bearing escrow account pending order of the Village of Mount Prospect. After considering the plan submitted by the Grantee, the Village of Mount Prospect shall order flow-through of the refunds with accrued interest to the Grantee's subscribers in a fair and equitable manner. E. Nothwithstanding subsections A. through D. hereof, no action shall be taken by the President and Board of Trustees of the Village of Mount Prospect with respect to the Grantee's rates, nor rules and regulations applicable thereto, until at least the expiration of thirty (30) months following the date service is provided to the first subscriber under the franchise. At any time thereafter, the Board may after proper notice as provided in Article IV, Section 2, hold public hearings to consider the necessity of regulating the subscriber rates charged by the Grantee, and may following such hearings establish procedures for the review of dubscriber and user rates and may or adjustments to such rates in accordance with the provisions of this Section provided, however, that this Section shall not permit the Village of Mount Prospect to order the Grantee to rebate any fee or portion thereof charged during the period when such fees were not subject to regulation by the Village of Mount Prospect. F. The Grantee shall be required to apprise in writing each new subscriber of all applicable fees and charges for providing cable television service. G. Grantee may, at its own discretion, in a non- discriminatory manner, waive, reduce or suspend connection fees or monthly service fees for promotional purposes. H. Except as may be otherwise provided in a franchise, a subscriber shall have the right to have its service disconnected without charge, which shall include the removal of any equipment owned by the Grantee from the subscriber's residence. Such disconnection shall be made as soon as practicable and in no case later than thirty (30) days following written notice to the Grantee of same. No Grantee shall enter into any agreement with a subscriber which imposes any charge following disconnection of service, except for reconnection and subsequent monthly or periodic charges, and those charges shall be no greater than charges for new customers. This Section shall not prevent a Grantee from refusing service to any person because of the Grantee's prior accounts with that person remain due and owing. I. Except as may be otherwise provided in a franchise, a Grantee may offer service which requires advance payment of periodic service charges for no more than one (l) year in advance subject to the conditions contained in this paragraph. A subscriber shall have the right, at any time, to have its service disconnected without charge and with a refund of unused service charges paid to the customer within thirty (30) days from the date of service. Rate increases shall not be effective with respect to any subscriber until after the expiration of any period for which advance payment has been accepted by the Grantee. SECTION 2: BOOKS AND RECORDS A. A Grantee shall, (1) within thirty (30) days following the acceptance of a franchise, and (2) at least yearly thereafter, and (3) within thirty (30) days of the change of ownership of three percent (3%) or more of any class or series of the outstanding voting stock or equivalent ownership interest of a Grantee, furnish the Village of Mount Prospect a list, showing the names and addresses of persons owning three percent (3%) or more of any class or series of the outstanding voting stock or equivalent ownership interest of the Grantee, together with a roster of the Grantee's officers and directors (or equivalent managerial personnel) and their addresses. EF B. A Grantee shall maintain books and records of its operations within the Village of Mount Prospect to show the follo''W'ing'in sufficient detail, consistent With generally accepted accounting principles: 1. Total revenues, by service category. 2. Operating expenses, categorized by general and administrative expenses, technical expenses, and programming expenses, and overhead where applicable. 3. Capital expenditures, to include capitalized interest and overhead, if any. 4. Depreciation (straight line) expense, by SMOU-111M C. A grantee shall maintain such books and records for the Franchise Area specified in the franchise separately from any other operations; provided, however, that any expenses or expenditures which apply to both the system in said Franchise Area and any other operations shall be reasonably allocated between all such operations, consistent with generally accepted accounting principles. Such books and records shall be retained, in any reasonable form, for a period of not less than fifteen (15) years. The Village of Mount Prospect shall have the right to extend the retention period through the term of any renewed franchise. D. The books and records of the Grantee's operation within the Village of Mount Prospect, which are required to be maintained pursuant to paragraph (B) above, shall be made available in the Grantee's local office during normal business hours, for inspection and audit by the Village of Mount Prospect within thirty (30) days after such request has been made. E. Copies of the Grantee's schedule of charges, contract or application forms for subscriber and user services, policy regarding the processing of subscriber complaints, delinquent subscriber disconnect and reconnect procedures and any other terms and conditions adopted as the Grantee's policy in connection with its subscribers or users shall be filed with the Village Manager and shall be made available for inspection by the public in the Grantee's local office. ARTICLE VI: SYSTEM OPERATIONS SECTION 1: FRANCHISE AREAS A. Every application shall designate a proposed Primary Service Area (PSA) and a proposed schedule for making service available throughout the PSA. The boundaries of the Primary Service Area shall be subject to approval by the Village of Mount Prospect, and shall be incorporated -22- into the franchise granted pursuant to this ordinance. If no PSA is specifically delineated in a franchise, the PSA shall be considered to be coterminous with the Franchise Area. If no schedule is specified, service shall be made available throughout the entire PSA within twenty-four (24) months of the effective date of the franchise. B. Grantee shall furnish to the Village of Mount Prospect a map of suitable scale indicating the Primary Service Area to be served and showing all roads and public buildings within the PSA. C. The areas of the Village of Mount Prospect for which applications for franchise will be accepted shall be specified by the Village of Mount Prospect; in the absence of such specification, applications shall be accepted for any area within the Village of Mount Prospect. SECTION 2: EXTENSION OF SERVICE Following completion of construction within the PSA, each Grantee shall extend its CATV System and make CATV Service available beyond the PSA as follows: A. Along streets or parts of streets beginning at the boundary of the PSA or at any trunk or feeder line extension beyond the PSA within one (1) year after any such street reaches a minimum density of fifty (50) dwelling units per street mile, and, B. Concurrently with the installation of utility lines to developing areas having a planned minimum density of fifty (50) dwelling units per street mile, which lie contiguous to the boundary of the Primary Service Area or at the end of any line extensions beyond the Primary Service Area. C. The Grantee, in its application, may propose a line extension policy which will result in serving more residents of the Village of Mount Prospect than as required above, in which case the Grantee's application will be incorporated by reference in the franchise, and will be binding on the Grantee. SECTION 3: INDIVIDUAL SERVICE DROPS A. Grantee shall extend and make cable television service available to any isolated subscriber within or without the Primary Service Area requesting connection at the standard connection charge, if the connection to such subscriber would require no more than a standard one hundred and fifty (150) foot aerial or buried drop line measured from the subscriber's property line nearest to a trunk or feeder cable required to be installed pursuant to Section I or 2 of this Article, to the subscriber's connection. B. With respect to requests for connection requiring an aerial or buried drop liAe in excess of one hundred and fifty (150) feet, Grantee shall extend and make available cable television service to such subscribers at a connection charge not to exceed the actual installation costs incurred by the Grantee for the distance exceeding one hundred fifty (150) feet. SECTION 4: SYSTEM DESCRIPTION AND SERVICE A. The cable television system to be installed by Grantee shall comply in all respects with the requirements set forth in the FCC's Rules for Cable Television including applicabl.e amendments thereto, provided, however, that nothing contained herein shall be construed to prohibit the Grantee from proposing to comply with more rigid technical performance requirements, in which case the Grantee's application shall be incorporated by reference in the franchise and will be binding on the Grantee. If the FCC should delete said requirements, the Village of Mount Prospect hereby reserves the right to amend this ordinance to incorporate similar standards and every franchise granted pursuant to this ordinance shall be subject to such reserved power whether or not expressly so conditioned. B. Applications for franchise may include proposals for the provision of public, education, local governments, and leased access channels. Such proposals by a Grantee, if accepted by the Village of Mount Prospect, shall be incorporated into the franchise granted. No such proposal shall be accepted unless it complies with the following minimum requirements: 1. The Grantee shall have available equipment for local production and presentation of cablecast programs other than automated services and shall permit its use for the production and presentation of public access programs. The Grantee shall not enter into any contract, arrangement, or lease for use of its cablecast equipment which prevents or inhibits the use of such equipment for a substantial portion of time for public access programming. 2. The Grantee shall have no control over the content of access cablecast programs, however, this limitation shall not prevent taking appropriate steps to ensure compliance with the operating rules described herein; failure to comply with such operating rules shall constitute a violation of this ordinance. -24- 3. The public access channel(s) shall be made available to residents of the Village of Mount Prospect on a first-come, first-served, non-discriminatory basis, consistent with the goal of the maximum availability of access, free of charge. Charges for equipment, personnel, and production of public access programming shall be reasonable and consistent with the goal of affording users a low-cost means of television access. The Grantee shall adopt operating rules for the public access channel(s), to be filed with the Village of Mount Prospect prior to the activation of the channel(s), designed to prohibit the presentation of: any advertising material designed to promote the sale of commercial products or services (including advertising by or on behalf of candidates for public office); lottery information; programming in violation of any federal, state or local law, as well as rules requiring first-come nondiscriminatory access, and rules permitting public inspection of a complete record of the names and addresses of all persons or groups requesting access time. Such a record shall be retained for a period of two years. 4. The education access channel(s) shall be made available for the use of schools free of charge. The Grantee shall adopt operating rules for the education access channel(s), to be filed with the Village of Mount Prospect prior to activation of the channel(s), designed to prohibit the presentation of: any advertising material designed to promote the sale of commercial products or services (including advertising by or on behalf of candidates for public office); lottery information; programming in violation of any federal, state or local law. 5. The local government access channel(s) shall be made available for the use of the Village of Mount Prospect or other such unit of local government as shall be designated by the Village of Mount Prospect, free of charge. 6. The leased access channel(s) as specified in the franchise application shall be made available to leased access users. Priority shall be given part-time users on at least one channel. The Grantee shall adopt operating rules for the channel(s), to be filed with the Village Manager prior to activation of the channel(s), designed to prohibit the presentation of: lottery information, to the extent such information is prohibited by state law; and obscene or indecent matter and shall establish rules to this effect; and other rules requiring non-discriminatory access, sponsorship identification, specifying an appropriate rate schedule and permitting public inspection of a complete record of the names and addresses of all persons or groups requestingo time. Such a record shall be retained until the earliest scheduled performance evaluation session described in Article IV, Section 4, of this ordinance or for a longer period as determined by the Village of Mount Prospect. C. Grantee shall provide, without charge within the Primary Service Area, one service outlet activated for regular subscriber service to each fire station, school, police station, public library, and such other buildings used for governmental purposes as may be designated by the Village of Mount Prospect; provided, however, that if it is necessary to extend Grantee's trunk or feeder lines more than three hundred (300) feet solely to provide service to any such school or public building the Village of Mount Prospect shall have the option either of paying Grantee's direct costs for such extension in excess of three hundred (300) fee, or of releasing Grantee from the obligation to provide service to such building. Furthermore, Grantee shall be permitted to recover, from any public building owner entitled to free service) the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than three hundred (300) feet of drop cable; provided, however, that the Grantee shall not charge for the provision of regular subscriber service to the additional service outlets once installed. D. The Grantee shall not permit the transmission of any programming in violation of any federal, state or local law. Grantee shall inform each subscriber of the availability of a device capable of locking out any programming video and audio signals and shall provide such a device for each outlet to any subscriber upon request at no additional charge. SECTION 5: OPERATIONAL REqUIREMENTS AND RECORDS A. Grantee shall construct, operate, and maintain the cable television system in full compliance with the rules and regulations, including applicable amendments, of the Federal Communications Commission and all other applicable Federal, State, or local laws and regulations, including the latest editions of the National Electrical Safety Code and the National Fire Protection Association National Electrical Code. The cable television system and all its parts shall be subject to inspection by the Village of Mount Prospect, and the Village of Mount Prospect hereby reserves the right to review Grantee's construction plans prior to the commencement of construction. The Village of Mount Prospect shall not, however, be required to make inspections or approve the Grantee's system and plans, and specifically disclaims such obligation. The Grantee shall be solely responsible for taking all steps necessary to assure compliance with sjjch laws and regulations and the safety of its system as installed. B. Grantee shall maintain an office, within the otherwise Village of Mount Prospect unless %.-p ise stated in the franchise, which shall be open and accessible to the public with adequate telephone service during normal business hours. Grantee shall employee an operator or maintain a telephone answering service twenty-four (24) hours per day, each day of the year, to receive subscriber complaints and to dispatch assistance in the case of any emergency or major system malfunction affecting a number of subscribers. C. Grantee shall design, construct, operate, and maintain the system at all times so that signals carried are delivered to subscribers without material degradation in quality (within the limitations imposed by the technical state -of -the art). D. Copies of all correspondence, petititons, reports, applications and other documents filed by Grantee with Federal or State agencies having appropriate Jurisdiction in matters affecting cable television operation or received from said agencies shall be furnished simultaneously to the Village of Mount Prospect by Grantee. E. In the case of any emergency or disaster, the Grantee shall, upon request of the Village of Mount Prospect, make available its facilities to the Village of Mount Prospect, without cost, for emergency use during the emergency or disaster period. SECTION 6: TESTS AND PERFORMANCE MONITORING A. No later than ninety (90) days after any new or substantially rebuilt portion of the system is made available for service to subscribers, technical performance val tests shall be conducted by the Grantee to demonstrate full compliance with the Technical Standards applicable pursuant to Paragraph A of Section 4, and Paragraph C of Section 5 of this Article. Such tests shall be performed by, or under the supervision of a qualified and independent registered professional engineer or an engineer with proper training and experience. A copy of the report shall be submitted to the Village Manager, describing test results, instrumentation, calibration, and test procedures, and the qualifications of the engineer responsible for the tests. B. System monitor test points shall be established at or near the output of the last amplifier in the longest feeder line, at or near trunk line extremities, or at the locations to be specified in the franchise. Such periodic tests shall be made at the test points as shall be required by the Village of Mount Prospect or the Agency. C. At any time after commencement of' service to subscribers, the Village of Mount Prospect may require additional reasonable tests, including full or partial repeat test different tesL- procedures, or tests involving a specific subscriber's terminal, at the Grantee's expense to the extent, such tests may be performed by the Grantee's employees utilizing its existing facilities and equipment; p I rovi- ded, however, that the, Village of Mount Prospect reserves the right to conduct its own tests upon reasonable notice to the Grantee and if non-compliance is found, the expense thereof shall be borne, by the Grantee. The Village of Mount Prospect will endeavor to arrange its request for such special tests so as to minimize hardship or inconvenience to Grantee, or, to the subscriber. D. A copy, of the annual performance tests report required by the Federal Communications Commission shall be submitted to the Village Manager within thirty (30) days of its completion, E. The Village of Mount Prospect shall have the right to employ qualified consultants if nec,essary or desirable to assist in the administration of this, or any other section of this ordinance. SECTION 7: SERVICE) ADJUSTMENT AND COMPLAINT PROCEDURE A. Grantee shall fill all reque,sts for CATV service, once facilities are in place, within thirty (30) days after the, date of each request. A record of all service requests shall be kept until, the next scheduled, performance evaluation session described in Article IV, Section 4, of this ordinance or for a longer period as determined by the Board and shall be available for public inspection at the local office of the Grantee during regular, office hours. B. Grantee shall furnish each subscriber at the time service is installed writ,ten instructions that clearly set forth procedures for placing a service call, or requesting an adjustment. Said Instructions shall also include a reminder that the subscriber can contact a Village of Mount Prospect employee for information regarding terms and conditions of the Grantee's franchise if the Grantee fails to respond to the subscriber's request for installation, service or adjustment within a reasonable period of time. C. Grantee shall establish a maintenance service d capable of locating and correcting major system malfunctions promptly which shall be available at all hours, to correct such major system malfunctions affecting a number of subscribers. 4 D. A listed local telephone number shall be made available to subscribers for service calls at any time of the day or night. Investigative actions shall be initiated in response to all service calls, other than major system malfunctions, not later than the next business day after the call is received, action on major malfunctions shall be initiated immediately upon receipt of notice. Corrective action shall be completed as promptly as practicable. Appropriate records shall be made of service calls showing when and what corrective action was completed. Such records shall be available to the Village of Mount Prospect during normal business hours and retained in Grantee's files until the next scheduled performance evaluation session described in Article IV, Section 4, of this ordinance or for a longer period as directed by the Village of Mount Prospect. A summary of such calls shall be prepared by the Grantee and submitted to the Village of Mount Prospect annually, beginning twelve (12) months after service is provided to the first subscriber. E. In the event a subscriber does not obtain a satisfactory response or resolution to his request for service or an adjustment within a reasonable period of time, he may advise the Agency or other designated employee in writing of his dissatisfaction and the Agency or other designated employee shall have authority to investigate any subscriber or user complaint or request for adjustment and to order corrective action as shall be appropriate. The Village of Mount Prospect may require Grantee to establish rules and procedures regulating complaint resolution in the franchise agreement. F. The Grantee shall interrupt system service after 7:00 a.m. and before 1:00 a.m. only with good cause and for the shortest time possible and, except in emergency situations, only after cablecasting notice of service interruption at least twenty-four (24) hours in advance of the service interruption. Service may be interrupted between 1:00 a.m. and 7:00 a.m. for routine testing, maintenance, and repair with notification, on any day except Saturday or Sunday or the day following a legal holiday. SECTION 8: STREET OCCUPANCY A. Grantee shall utilize existing poles, conduits and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities whether on the public way or on privately -owned property within the Village of Mount Prospect until the written approval of the Village of Mount Prospect, and, if necessary, of the property owner is obtained. Such approval shall not be unreasonably withheld by the municipality. No location of any pole, wire -holding -19- structure or other facility of the Grantee shall be a vested interest and such poles, structures and facilities shall be removed, relocated or modified by the Grantee at its own expenses whenever the Village of Mount Prospect or other governmental authority determines that the public convenience would be enhanced thereby. Nothing herein or in any franchise shall be construed to entItle Grantee to the use of any property other than the public way. B. The Village of Mount Prospect shall be entitled to make use of the Grantee's poles and other wire -holding structures so long as such use does not unreasonably interfere with Grantee's operations. C. Where a public utility serving the Village of Mount Prospect desires to make use of the poles or other w1re-holding structures of the Grantee but agreement therefore w ith the Grantee cannot be reached, the Village of Mount Prospect may require the Grantee to permit such use for such consideration and upon such terms as the Village of Mount Prospect shall determine to be just and reasonable, if the Village of Mount Prospect determines that the use would enhance the public convenience and would not unduly interfere w *th the Grantee's operations. l D. All transmission lines, equipment and structures shall be installed and located in compliance with all applicable local ordinances and so as to cause mini -mum interference ith the rights and reasonable convenience of property wl owners who adjoin any public way and at all times shall be kept and maintained in a safe, adequate, and substantial condition, and in good order and repair, consi-stent with the provisions of Paragraph F, of this section. The Grantee shall at all times employ reasonable care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are required by applicable ordinances and at such additional times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed 'in any public T ay by the Grantee shall be placed and maintained in such a manner as not to interfere with the usual travel or other existing or projected uses of such public way. Unless expressly provided otherwise in the franchise, the Grantee shall at all times comply with any and all rules and regulations enacted or to be enacted by the Village of Mount Prospect with reference to construction activity in public ways. E. Grantee shall remove, replace, or modify at its own expense, the installation of any of its facilities when directed to do so by the Village of Mount Prospect. F. All installations shall be underground in those areas of the Village of Mount Prospect when public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric facilities are aboveground at the time of installation, the Grantee may install its service aboveground, provided that at such time as those facilities are required to be placed underground by the Village of Mount Prospect or are placed underground, the Grantee shall likewise place its services underground without additional cost to the Village of Mount Prospect or to the individual subscriber so served within the Village of Mount Prospect. Where not otherwise required to be placed underground by this ordinance, the Grantee's system shall be located underground at the request of the adjacent property owner, provided that the excess cost over aerial location shall be borne by the property owner making the request. G. In the event of disturbance of any public way, private property or improvement on either of them by the Grantee, it shall, at its own expense and in a manner approved by the Village of Mount Prospect or other appropriate governmental authority and the owner, replace and restore such public way, private property or improvement in as good a condition as before the work causing such disturbance was done. In the event the Grantee fails to perform such replacement or restoration the Village of Mount Prospect or the owner shall have the right to do so at the sole expense of the Grantee. Demand for payment to the Village of Mount Prospect or owner for such replacement or restoration shall be in writing. H. Whenever, in case of emergency, it becomes necessary in the judgement of the Village of Mount Prospect to remove or damage any of the Grantee's facilities, no charge shall be made by the Grantee against the Village of Mount Prospect for restoration and repair. I. At the request of any person holding a valid building moving permit issued by the Village of Mount Prospect or other appropriate governmental authority and upon at least forty-eight (48) hours notice, Grantee shall temporarily raise, lower, or cut its wires as may be necessary to facilitate such move. The direct expense of such temporary changes, including standby time, shall be paid by the permit holder, and Grantee shall have the authority to require paymetit in advance. -31- J. Grantee shall not cut or trim any tree, shrub or vegetation on public property without first obtaining written authorization from the Vill�ige. Any such work shall ri I be done at Grantee's expense and shall be subject to the supervision and direction of the Village of Mount Prospect. SECTION 9: CONSTRUCTION SCHEDULE AND REPORTS A. Upon accepting the franchise, Grantee shall, within sixty (60) days, file the documents required to obtain all necessary Federal, State and local licenses, permits and authorizations required for the conduct of its business and shall submit monthly reports to the Village I n Manager's office on progress in this respect until all such documents are in hand. Failure of the Grantee to pursue all necessary steps to secure the aforementioned authorizations with due diligence shall constitute a substantial violation of this ordinance. B. Franchise applications shall include a schedule for construction of the cable television system, including a timetable for commencement of cable television service to subscribers. Said schedule shall be incorporated into the franchise and shall be enforceable as to the Grantee under the provisions of this ordinance. C. Within one hundred twenty (120) days after accepting a franchise, Grantee shall furnish the Village of Mount Prospect a copy of the preliminary engineering drawings and an operating construction schedule setting forth target dates by area for construction activity. The drawings and schedule shall be updated whenever substantial changes become necessary. I D. Every three ( 3 ) months after the start of construction, Grantee shall furnish the Village of Mount Prospect a report on progress of construction until complete. The report shall include a map that clearly defines the areas wherein regular subscriber service is available. SECTION 10: PROTECTION OF PRIVACY A. Grantee shall not permit the transmission of any signal, aural, visual or digital, including "polling" the channel selection, from any subscriber's premises without first obtaining informed consent of the subscriber which shall not have been obtained from the subscriber as a condition of any service for which transmission is not an essential element. The request for such consent shall be contained in a separate document, which specifically enumerates and describes the transmissions being authorized and includes a prominent statement that the subscriber is authorizing the permission in full knowledge of its provision'and shall be revocable at any time by the subscriber without penalty of any kind whatsoever. This provision is not intended to prohibit the use or transmission of signals useful only for the control or measurement of system performance or used for billing subscribers. B. Grantee shall not permit the installation of any special terminal equipment in any subscriber's premises that will permit transmission from subscriber's premises of two-way services utilizing aural, visual or digital signals without first obtaining written permission of the subscriber as provided in Paragraph A of this Section. C. Grantee, or any of its agents or employees, shall not, without the specific written authorization of the subscriber involved, as provided in Paragraph A of this Section, sell or otherwise make available to any party any information which identifies the viewing habits or responses of individual subscribers. SECTION 11: OTHER BUSINESS ACTIVITIES A. The Grantee, its subsidiaries and affiliates are specifically prohibited from engaging directly or indirectly, in the sale or leasing of televis-f-on receivers, radio receivers, or television or radio parts, except such parts and accessories required for any type of cable connections, such as converters and connection plugs and accessories, individually or with any person, anywhere in the Village of Mount Prospect, whether or not for a fee or charge, and is further prohibited from engaging in any type of repair service to television receivers or radio receivers. B. Grantee is expressly prohibited from requiring the removal or from offering to remove or to provide any inducements for removal of any potential or existing subscriber antennas as a condition for provision of service. SECTION 12: AREAWIDE INTERCONNECTION OF CATV SYSTEMS A. Each Grantee, if ordered to do so by resolution of the Village of Mount Prospect shall interconnect Access Channels and/or Local Origination Channels of its CATV System with all other CATV Systems in adjacent areas. B. Upon receiving an order to interconnect, the Grantee shall make a good faith effort to obtain agreements for the sharing of interconnection costs among all interconnecting companies. The Village of Mount Prospect may extend the time to interconnect or may rescind its order to interconnect upon finding that the Grantee has made a good faith effort but has been unable to obtain a reasonable interconnection agreement or that the cost of the interconnection would cause an unreasonable increase in subscriber rates. C. Each Grantee shall cooperate with any entity established for the purpose of regulating, financing, or otherwise providing for the interconnection of CATV Systems. 0 -33- D. The Village of Mount Prospect may require a Grantee to provide Local Origination equipment that is compatible with that used by other CATV Systems within the adjacent areas. E. Grantee shall make every reasonable effort to cooperate with cable television franchise holders in contiguous coI "t'es in order to provide cable service in areas mmuni outside the Grantee's Franchise Area. F. The Village of Mount Prospect shall make every reasonable effort to cooperate with the franchising authorities in contiguous communities, and with the Grantee, in order to provide cable television service in areas outside the Village of Mount Prospect . ARTICLE VII: GENERAL PROVISIONS SECTION 1: LIMITS ON GRANTEE'S RECOURSE A. Grantee shall have no recourse against the Village of Mount Prospect for any loss, expense or damage resulting from the terms and conditions of this ordinance or the franchise because of the Village of Mount Prospect's granting or enforcement thereof nor for the Village of Mount Prospect's failure to have authority to grant the franchise. The Grantee expressly agrees that upon its acceptance of the franchise, it does so relying upon its own investigation and understanding of the power and authority of the Village of Mount Prospect to grant said franchise. B. The Grantee, by accepting the franchise, acknowledges that it has not been induced to accept same by any promise, verbal or written, by or on behalf of the Village of Mount Prospect or by any third person regarding any term or condition of this ordinance or the franchise not expressed therein. The Grantee further pledges that no promise or inducement, oral or written, has been made to any Village of Mount Prospect employee or official regarding receipt of the cable television franchise of than as contained in the franchise agreement. C. The Grantee further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions of this ordinance and the franchise and accepts w ithout reservation the obligations imposed by the terms and conditions thereof. D. The decision of the Board concerning Grantee selection and awarding of the franchise shall be final. E. The grantee shall not apply for any waivers, exceptions, or declaratory rulings* from the Federal Communications Commission or any other Federal or State regulatory agency ithout pri Otten n i it ior wri otice to the Village of Mount Prospect. SECTION 2: COMPLIANCE WITH STATE AND FEDERAL LAW The Grantee shall, at all times, comply with all laws of the State and Federal government and the rules and regulations of any Federal or State administrative agency. SECTION 3: SPECIAL LICENSE I Upon such conditions as the Village of Mount Prospect may deem necessary, and notwithstanding the provision of Article III of this ordinance, the Village of Mount Prospect, may issue a license, easement or other permit to anyone other than a Grantee to permit that person to traverse any portion of the Village of Mount Prospect in order to provide service outside the Village of Mount Prospect. Such license or easement, absent a grant or a franchise in accordance with this ordinance, shall not authorize nor permit said person to provide a cable television service of any nature to any home or place of business within the Village of Mount Prospect, nor to render any service or connect any subscriber within the Village of Mount Prospect to a Grantee's cable television system. SECTION 4: FRANCHISE VALIDITY A. The Grantee agrees, by the acceptance of the franchise, to accept the validity of the terms and conditions of this ordinance and the franchise in their entirety and that it will not, at any time, proceed against the Village of out Prospect in any claim or proceeding challenging any term or provision of this ordinance or the franchise as unreasonable, arbitrary or void, or that the Village of Mount Prospect did not have the authority to impose such term or condition. B. In case of conflict or ambiguity between this ordinance, the franchise or the Grantee's franchise application, the Grantee agrees that the provision which provides the greatest benefit to the Village of Mount Prospect in the sole discretion of the Village of Mount Prospect shall prevail. SECTION 5: FAILURE TO ENFORCE FRANCHISE The Grantee shall not be excused from complying with any of the terms and conditions of this ordinance or the franchise by any failure of the Village of Mount Prospect upon any one or more occasions, to insist upon the Grantee's performance or to seek Grantee's compliance with any one or more of such terms or conditions. SECTION 6: RIGHTS RESERVED TO THE GRANTOR A. The Village of Mount Prospect hereby expressly reserves the following rights which shall not be deemed to be waived or abrogated by any franchise granted pursuant to this ordinance: 1. To exercise its governmental powers, now or hereafter, to the full extent that such powers may be vested 1 "n or granted to the Village of Mount Prospect. 2. To adopt, in addition to the provisions contained herein and in the franchise and in any existing applicable ordinance, such additional regulations as it shall find necessary in the exercise of its police power. 3. To amend this ordinance or any franchise granted pursuant to this ordinance as provided in Article IV, Section 3, to require reasonable and appropriate modifications in a Grantee's franchise of a nature that would not result in effectively terminating same, provided that the Village of Mount Prospect shall not make any amendments or modi f ications to this ordinance or a franchise granted hereunder which would alter the provisions of Article IV, Section 5(D) or 6(E) during the term of any franchise granted hereunder. 4. To renegotiate any franchise granted pursuant to this ordinance should substantial Section(s) of the ordinance or franchise be rendered void by the Federal Communications Commission, or by subsequent changes in applicable Federal or State laws, rendered void by the Federal Communications Commission, or by subsequent changes in applicable Federal or State laws. SECTION 7: EMENL REQUIREMENT, A. The Grantee shall not refuse to hire, nor discharge from employment, nor discriminate against any person regarding compensation, terms, condi-tons, or privileges of employment because of age, sex, race, color, creed, or national origin. The Grantee shall take affirmative action to ensure that employees are treated fairly and equally during employment, without regard to their age, sex, race, color, creed or national origin. The condition includes, but is not limited to, the following: recruitment adverti s ing, employment interviews, employment, rates of pay, upgrading, transfer, demotion, lay-off, and termination. SECTION 8: TIME ESSENCE OF AGREEMENT/FORCE MAJEUR Whenever this ordinance or the franchise sets forth any time for any act to be performed by the Grantee, such time shall be deemed of the essence and the Grantee's failure to perform within the time allotted shall, in all cases, be sufficient grounds for the Village of Mount Prospect to invoke the remedies available under the terms and conditions of this ordinance and the franchise. Whenever a period of time isprovided for 'in this ordinance for either the Village of Mount Prospect or the Grantee to do or perform any act or obligation, neither party shall be liable for any delays due to: war; riot; insurrection; rebellion; strike; lockout; unavoidable casualty or damage to personnel, materials or equipment; fire; flood; storm; earthquake; tornado; orders of a court of competent jurisdiction; any act of God; or any cause beyond the control of said party. Any, in any event, said time period shall be extended for the amount of time said party is so delayed. An act or omission shall not be deemed to be beyond a Grantee's control if committed, omitted, or caused by a corporation or other business entity which holds a controlling interest in the Grantee, whether held directly or indirectly. Further, the failure of a Grantee to obtain financing, or to pay any money due from it to any person, including the Board, for whatever reason, shall not be an act or omission which is "beyond the Grantee's control." SECTION 9: ACCEPTANCE This ordinance and the franchise and their terms and conditions shall be accepted by the Grantee by written - instrument filed with the Village of Mount Prospect within thirty (30) days after the granting of the franchise, unless said period is extended by the Village of Mount Prospect at its sole discretion. In its acceptance, the Grantee shall declare that it has carefully read the terms and conditions of this ordinance and the franchise and accepts all of the terms and conditions imposed by this ordinance and the franchise and agrees to abide by same. SECTION 10: PUBLICATION COSTS The Grantee shall assume the cost of publication of this ordinance and franchise and such is payable until the Grantee's filing of acceptance as in Section 9, Article VII above. SECTION 11: RESELLING SERVICE PROHIBITED No person receiving within the Village any cable service, program or signal transmitted by a cable television company operating under a franchise issued by the Village of Mount Prospect shall resell such service, program or signal without the expressed, written consent of both the Grantee and the Board. SECTION 12: PENATIES A. It shall be unlawful for any person to attach or affix or to cause to be attached or affixed any equipment or device which allows access to or use of any cable television service without payment to the Grantee for same. B. In addition to recover of any monies owed by Grantee to the Village of Mount Prospect or damages to the Village of Mount Prospect as a result of any acts or omissions by Grantee pursuant to the Cable Communications Ordinance or Franchise, the Village of Mount Prospect in its sole discretion, may charge to and collect from the letter of credit or cash escrow provided for in Article IV, Section 12, above, the following penalties: -37- 1. For failure to activate the system in accordance w ith the franchise agreement, unless the Village of Mount Prospect approves the delay, the penalty shall be Two Hundred Dollars ($200) per day for each day, or part thereof, such failure occurs or continues. 2. For failure to complete system construction, in accordance with Grantee's franchise, within the Primary Service Area, unless te Village of Mount Prospect approves the delay, the penalty shall be Two Hundred Dollars ($200) per day for each day, or part thereof, such failure occurs or continues. 3. For failure to provide data, documents, reports or information or to cooperate with the Village of Mount Prospect during any performance evaluation session provided for in Article IV, Section 4, the penalty shall be Fifty Dollars ($50) per day for each day, or part thereof, such failure occurs or continues. 4. For failure to test, analyze and report on the performance of the system following a request by the Village of Mount Prospect, the penalty shall be Fifty Dollars ($50) per day for each day, or part thereof, such -failure occurs or continues. 5. For failure by Grantee to modify the system or provide additional services within forty-five (45) days after required by the Village of Mount Prospect following a performance evaluation session the penalty shall be Two Hundred Dollars ($200) per day for each day, or part thereof, such failure occur or continues. 6. For failure by Grantee to comply with construction, operation or maintenance standards with forty-five days (45) following notice from the Village of Mount Prospect, the penalty shall be Two Hundred Dollars ($200) per day for each day, or part thereof, such failure occurs or continues. C. Exclusive of the penalties set out above in this Section, persons, whether natural or artificial, or commercial entities who violate any of the provisions of this ordinance shall be subject to a fine not to exceed Five Hundred Dollars ($500) for each offense. Each day a violation continues or is permitted to exist shall constitute a separate and distinct offense. In addition to any penalty is may be imposed herein, the Village of Mount Prospect may initiate injunctive relief, including the issuance of temporary restraining orders and preliminary injunctions in the Circuit Court of Cook County, including Municipal Branch Districts within the jurisdiction of the Village of Mount Prospect, to abate any violation of this ordinance the continuation.of is would be injurious to the welfare of the residents or is would frustrate or defeat the intent and purpose of this ordinance. MYO*Z SECTION 13: GRANTEE MAY PROMULGATE RULES Grantee shall have the authority to promulgate such rules, regulations, terms and conditions of its business as shall be reasonably necessary to enable it to exercise its rights and perform its services under this ordinance and rules of the FCC., and to assure uninterrupted service to each and all of its subscribers. Such rules and regulations shall not be deemed to have the force of law. Such rules and regulations shall be filed with the Village of Mount Prospect and shall not, unless the Village of Mount Prospect consents in writing to an earlier effective date, take effect until thrity (30) days after such filing. SECTION 14: DELEGATION OF POWERS Any right, power or duty of the President and Board of Trustees of the Village of Mount Prospect, the Village Manager, the Agency, or any official of the Village of Mount Prospect under this ordinance may be transferred or delegated by ordinance, resolution, or other appropriate action of the Village of Mount Prospect to an appropriate officer, employee, or department of the Village of Mount Prospect, or any legal authority, including any intergovernmental agency created for the purpose of regulating the operation and development of the cable television system. SECTION 15: SEVERABILITY If any section of this ordinance or the franchise, or any portion thereof, is held invalid or unconstitutional by any court of competent jurisdiction or administrative agency, such decision shall not affect the validity of the remaining portions hereof, except as otherwise provided for herein. SECTION 16: EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. Passed this —.—,day of 1981. AYES: NAYES PRESENT: Approved this, -day of 1981. 0563)�� Village President Village Clerk _3,9_ ORDINANCE NO, AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A GENERAL OBLIGATION NOTE OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS AND PROVIDING FOR LEVYING AND COLLECTING A DIRECT ANNUAL TAX TO PAY THE PRINCIPAL OF SAID NOTE AND THE INTEREST THEREON WHEREAS, the provisions of "AN ACT to authorize units Of govern- ment of the State of Illinois to issue full faith and credit tax anticipation notes," effective October 1, 1972, as amended, author- izes any Village to issue from time to time general obligation notes in an amount not to exceed eighty-five per cent of the taxes levied for a specific purpose for the year during which said notes are issued, provided, that there are no tax anticipation warrants outstanding against the specific taxes levied for said purpose for said year; and WHEREAS, it is necessary for the Village of Mount Prospect to issue ssue its note to provide funds in the Treasury of said Village for ordinary and necessary expenditures, to be issued in the amount of $200,000 for public library purposes, which said amount does not exceed eighty-five per cent of the taxes levied by the Village for said purpose for the year 1981 and no tax anticipation warrants have been issued against said taxes: NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE • MOUNT PROSPECT, COOK COUNTYr ILLINOIS, AS SECTION ONE: A corporate note of the Village of Mount Prospect shall be issued to provide funds in the Treasury of said Village for ordinary and necessary expenditures, said note to be dated the day of 11 1981 and to become due on the -lst. day of November 1982, to be issued in the amount, to be numbered and to be of the denomination as follows: $200,000 General obligation Library Fund Note: Number Denomination 1 $200,000 Said note shall bear interest at the rate of I (_ %) Per cent per annum, which shall be payable on May 1. 1982 and at maturity. The interest payments shall be evidenced by a proper interest coupons attached to such note, and said interest shall be payable only upon presentation and surrender of the interest coupons thereto attached as they severally become due. Both principal of and interest on said note shall be payable in lawful money of the United States of America at the Village of Mount Prospect. The corporate seal of the Village of Mount Prospect shall be affixed to said note and said note shall be signed by the and attested by the Village Clerk, and the interest coupons shall be similarly signed by said Village Clerk, SECTION TWO: Said note shall pass by delivery, unless registered, and any note may be registered as to principal in the name of the owner on the registry books of the Village Treasurer, such registration being noted on the back of each note so registered, after which registration only such registered owner, or the legal representative of such owner, shall be entitled to receive the principal thereof, and after such ',L-egistration no transLer thereof shall be valid unless noted on such registry books and similarly noted on the back of the note, unless the last registration is to bearer, after which it shall be transferable by delivery, but may again be registered as before. Such registration, however, shall not affect the negotiability of the interest coupons by delivery merely. SECTION THREE: Such note and the interest coupons and the form of registration shall be in substantially the following form (with appropriate information inserted in the blank spaces): STATES OF AMERICA STATE ;: ISO COUNTY OF COOKVILLAGE GENERAL OBLIGATION LIBRARY " FUND NOTE $2001000.00 KNOW ALL MEN BY THESE PRESENTS, that the Village of Mount Prospect, Cook County, Illinois, hereby acknowledges itself to owe and for value received hereby promises to pay to bearer, or if this nate be registered as to principal then to the registered owner hereof, the sum of Two Hundred Thousand and no/100ths Dollars ($200,000.00) on the ,first day of November, 1982, with interest thereon from the date hereof until paid at the rate of per cent %) per annum, payable May 1, 1982 and at maturity. Interest due on or prior to maturity shall be payable only upon presentation and surrender of the attached interest coupons as they severally become due. Bath principal hereof and interest hereon are hereby made payable in lawful money of the United States of America at the Village of Mount Prospect. For the prompt payment of this note, bath principal and interest, as the same become due, and for the levy of taxes sufficient there- for, the full faith, credit and resources of the Tillage of Mount Prospect are hereby irrevocably pledged. This nate is issued in the principal amount of Two Hundred Thousand and no/100ths Dollars ($200,000.00) and is issued under the authority of the provisions of "AN ACT to authorize units of govern- ment of the State of Illinois to issue full faith and credit tax anticipation notes, "effective October 1, 1972, and all laws amendatory thereof and supplemental thereof, to provide funds for ordinary and necessary expenditures for public library purposes,, and is authorized by an ordinance adopted by the President and Beard of Trustees of the Village of Mount Prospect on the day of , 1981. This nate is subject to registration as to principal in the name of the owner on the registry brooks of the Village Treasurer such registration to be evidenced by notation of said Treasurer on the back hereof, and after such registration no transfer hereof, except when noted upon such books and similarly noted hereon, shall be valid, unless the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the interest coupon hereto attached, which shall continue negotiable by delivery merely. It is herebycertified and recited that all acts, conditions an(I 1 things required by law to exist or to be done precedent to and in the issuance of this note, did exist, have happened, been done and performed in regular and due form and time as required by law, that the total amount of the Library Fund Notes issued for the year 1981, which is comprised of the issue of this note, does not exceed eighty- five per cent (85%) of the Library Fund taxes levied for the year 1981, that no tax anticipation warrants have been issued against said taxes levied for the year 1981, that the total indebtedness of said Village, including this note, does not exceed any constitutional or statutory limitation, and that provision has been made for the collection of a direct annual tax upon all of the taxable property in the Village of Mount Prospect sufficient to pay the interest hereon and ,the principal hereof when the same mature, IN WITNESS WHEREOF, the Village of Mount Prospect, Cook. County, Illinois, by its Village Board, has caused this note to be signed by its and attested by its Village Clerk, and the corporate seal of said Village to be affixed hereon, and the interest coupons hereto attached to be executed by the said Village Clerk, all as of the day of 1981. RV-6vM-M V-17-1—lage Clerk, Village of Mount Prospect, Cook County, Illinois --4- [SEAL] ffmit On the first day of May, 1982, the Village of Mount Prospect, Cook Count Illinois, promises to p' y ay to bearer Dollars ($ ) in lawful money of the United States of America at the Village of Mount Prospect, for interest due that day on its General Obligation Library Fund Note, dated 1 1981, Number 1. DATE OF REGISTRATION Village Clerk, ­ Village of Mount Prospect, Cook County, Illinois, SIGNATURE OF NAME OF REGISTERED OWNER VILLAGE TREASURER SECTION FOUR.0, - For the purpose of providing the funds required to pay the interest on said note promptly when and as the same falls due and to pay and discharge the principal thereof at maturity, there shall be and there is hereby levied upon all of the taxable property in the Village of Mount Prospect, and there shall be collected, the following direct annual tax for the year 1981: For Public Library Fund Note, a tax to produce the sum of $ for interest and principal. SECTION FIVE:, A copy of this ordinance, duly certified by the Village Clerk of the Village of Mount Prospect, shall be filed in the office of the County Clerk of Cook County, Illinois.. and shall constitute authority for the extension and collection of such taxes for the payment of interest on and principal of said respective note in addition to and in excess of all other taxes levied by said Village. Interest on and principal of said note coming due at any time when there are insufficient funds from the proceeds of the taxes herein levied to pay the same shall be paid promptly when due from any available money of the Village in advance of the taxes herein levied, and when said taxes shall have been collected reimbursement shall be made in the amount so advanced, SECTION SIX: The note herein authorized shall be executed by the officials of the Village of Mount Prospect as hereinabove provided as soon asmay be after this ordinance becomes effective, and shall be deposited with the Village Treasurer and by said Treasurer shall' be delivered to the purchaser thereof, namely the ,, upon receipt of the purchase price therefor? the same being not less than par plus accrued interest to date of delivery; the contract for the sale of which note heretofore entered into shall be and the same is hereby in all respects ratified and The proceeds of said note shall be used to provide funds for the public library purpose as indicated, and said note shall constitute the first series of note issued for 1981 by said Village for said public library purpose, pursuant to the provisions of "AN ACT to authorize units of government of the State of Illinois to issue full faith and credit tax anticipation notes," effective October 1. 1972, as amended. SECTION SEVEN: The County Clerk of Cook County, Illinois, in computing the tax rate for 1981 for the library fund of the Village of Mount Prospect, is hereby directed to reduce said tax rate by the per cent necessary to produce the amount heretofore levied in SECTION 4 to pay the principal of and interest on the note herein authorized. Accordingly, the taxes levied for the year 1981 by ordinance No. , adopted by the President and Board of Trustees on the day of , 1981, a certified copy thereof having been filed with the County Clerk on the day of F 1981, shall be abated by the amounts herein levied to pay the principal of and interest on the note herein authorlizedf which abatement 'is itemized as follows - Levy for Principal Levy for Interest Total levied and amount to be abated for 1981 PUBLIC LIBRARY FUND $200,000.00 provided, however, that said tax rate shall not be reduced beyond the amount necessary to reimburse any money borrowed from the working cash fund. The Village Clerk, not less than thirty (30) days prior to the tax extension date for taxes levied for the year 1981, shall certify to the County Clerk of Cook County, Illinois,, the amount of money borrowed from the working cash fund to be reimbursed from the tax levy. SECTION EIGHT.- The Village covenants that it will take no action in the investment of the proceeds of sale of said note which would result in making the interest payable on said note subject to Federal income taxes by reason of said note being classified as an "arbitrage bond" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended. SECTION NINE: This ordinance shall take effect and be in force from and after its passage, approval and publication. PASSED this day of A.D., 1981. AYES: NAYS: ABSENT: APPROVED this day of A.D., 1981. VILLAGE PRESIDENT MOUNT PROSPECTr ILLINOIS ATTEST: VILLAGE CLERK MOUNT PROSPECTI ILLINOIS OFFICIAL NOTICE OF SALE $200,000 VILLAGE OF MOUNT PROSPECT Cook County, Illinois General obligation Note The Village of Mount Prospect, Illinois will receive sealed bids for its $200,000 General Obligation Note, at the Village Hall, 100 South Emerson, Mount Prospect, Illinois until 11:00 A.M. CDT, June 2, 1981 at which time the bids will be publicly opened and read. Award will be made or all bids rejected, at themeetingof the Village Board on June 2, 19810 This note is a direct general obligation of the Village of Mount Prospect, Illinois, issued in the amount of and to be desig- nated as a $200,000 Public Library Fund Nate 'and such Note is payable both principal and interest from unlimited ad valorem taxes to be levied on all taxable property within the Village. The Note will be a non -callable Coupon Note. Principal and interest will be payable at such bank or trust company as may be mutually agreed upon between the purchaser and the Village. The Note will be dated June 1, 1981 and mature on November 1, 1982. Interest will be payable May 1, 1982 and November 1, 1982. This Note will be awarded to the best bidder determined upon the basis of the lowest total interest at the rate designated in said bid. Each bidder shall name a single rate for which the al entire $200,000 General obligation Note is to bear, which rate must be a multiple of one-quarter or one-tenth of one percent (1/4 or 1/10 of 1%) . Each interest payment will be evidenced by a single coupon on each Note. Bids must be for the entire General obligation Note, must be for not less than $200,000 plus accrued interest to date of delivery and must be made upon the official Bid Form and delivered in a sealed envelope marked "Bid for Library Note" at the time set out above. The Village reserves the right'. -o reject any or all lAds, to determine the best bid in its sole discretion and to waive any informality to any bid. Each bid shall be accompanied by a certified or cashier's check on a solvent bank or trust company for 82,000 payable to the Village Treasurer of the Village of Mount Prospect, Illinois as evidence of good faith of the bidder. The check of the successful bidder will be retained uncashed by the Village pending delivery of the Note. All other checks will be returned promptly. No interest will be allowed on any checks. Should the successful bidder fail to take up and pay for the Note when tendered in accordance with his bid and this Notice, his check shall be cashed by the Village and the proceeds retained as full and liquidated damages to the Village caused by failure of the bidder to carry out his offer to purchase. otherwise his check will be returned uncashed at delivery or applied on the purchase price. The Note will be delivered to the successful purchaser against full payment in immediately available funds as soon as it can be executed, which is expected to be on June 8, 1981. Should delivery of this Note be delayed forty-five days from the date of award for any reason except failure of performance by the successful bidder, then the bidder may cancel his agreement to purchase the Note and receive back his check and thereafter his interest in and liability for the Note will cease. The Village will deliver the Note without expense to the purchaser in Mount Prospect, Illinois and will pay for the preparation of the Note and the Note Attorney's opinion, Interest on the Note is exempt, in the opinion of counsel, from Federal Income Taxes under existing laws, rules, regulations and interpre- tations. Interest on the Note is not exempt from Illinois Income Taxes. Carol A. Fields Village Clerk May 20, 1981 VILLAGE OF MOUNT PROSPECT June 2, 1981 100 South Emerson Street Mount Prospect, IL 60056 Ladies and Gentlemen,: For Your $200,,,000 Village of Mount Prospect, Illinois General Obligation- - Note"" I described In the annexed Official Nati ice of Sale3, which is expressly made a part hereof, we will pay you $200,000, Plus accrued interest from June 1, 1981 to the date of delivery. The .notes are to bear in at per annum (a multiple of 1/4 or 1/10 of 1%). As evidence of our good faith, we enclose herewith our (cashier's) (certified) check in the sum of $2,000 in accordance with your Official Notice - of Sale., Respectfully submitted Name Account Manager By Address C i ty --—State ACCEPTANCE CLAUSE The foregol*.ng bid was accepted and note "siold by Grd' i* nan ce of the Vi .age Board of the Village of Mount Prospect, 111* inog s,,,, on June 2, 1981 and receipt I I is hereby acknowledged of the good faith check which, 11 s being h el d in a,c ance with the terms of the Official Notice of Sale, cord - VILLAGE OF MOUNT PROSPECT Village Mariager CHARGES TO COMMITTEES OF THE VILLAGE May 19, 1981 BUILDING COMMITTEE - Trustee Floros, Chairman ZBA 12-Z-79 308 W. Rand Road 4/4/79 ZBA 13-Z-79 310-314 W. Rand Road 6/5/79 ZBA 22 -SU -80 422 East Northwest Highway 6/3/80 ZBA 40-A-80 Village of Mount Prospect 2/3/81 Review Zoning procedures & process Wille/Busse Improvement FINANCE COMMITTEE - Trustee Miller, Chairman Cash and Fiscal Policy Review 8/21/79 Proposed amendments to Chapter 13 - Liquor Licensing Mount Prospect Public Library - Financial position Long Range Captial Budgeting 3/3/81 FIRE AND POLICE COMMITTEE - Trustee Murauskis, Chairman Development Code 8/7/79 Emergency Connection - Citizens Utilities, Northwest area 1/6/81 LEGISLATIVE /JUDICIARY COMMITTEE - Trustee Richardson, Chairman DiMucci Water Bills 12/5/78 Liaison with State Representatives 5/15/79 Legislative Report 5/15/79 Woodview Homeowners Association request for reimbursement 8/5/80 of $2,500 in legal fees (Brickman law suit) 7/1/80 Lighting Program 7/1/80 Licensing Not For Profit Corporations - Raffles & Chances 8/19/80 Frivolous Law Suits 11/16/80 Northwest Highway Beautification - East of Main Street 1/6/81 Pending Litigation - Monthly Update PUBLIC HEALTH AND SAFETY COMMITTEE - Trustee Wattenberg, Chairman IRAIA 8/21/79 Bicycle Safety for Commuters 5/15/79 NORTRAN Membership 5/15/79 Police Facility Study 8/5/80 Highland and Rand Road (to be reviewed in February, 1981) 8/5/80 Site Distance Review 10/7/80 Legalease 10/7/80 Civil Rights Law Suit - Fanslow vs. Mount Prospect 11/18/80 Review existing STOP signs throughout the Village 12/16/80 PUBLIC WORKS COMMITTEE - Trustee Farley,, Chairman For continuing study: MFT Projects 1/7/78 Lake Briarwood drainage inlet 6/5/79 Explanation of recapture ordinance 6/5/79 Water billing process 12/8/79 Acquisition of Lake Michigan water & monitor rates Future use of MSD site (Central & Busse Roads) 3/4/80 For Board Report: Cable T.V. 6/5/79 100 AGENDA MAP