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Home My WebLink About1876_001Adjusted to reflect interfund transfers Bills already paid VILLAGE OF MOUNT PROSPECT CASH POSITION MAY 28 .1 1981 Balance per Disbursements Last Report (per attached Fund 5 481 Rece i pts Li List of PJlls Balances General Fund $1,169,077.96 $1139899.77 $ 349358.87 $1,248,618.86 Revenue Sharing Fund 85,739.25 - 18s125.64 679613.61 Motor Fuel Tax Fund 1 204-31406.10 889.54 19357.50 203,938.14 Community Development Block Grant 1835709.14 g 657-00 183,052.14 Waterworks & Sewerage: Operation & Maintenance 4069620.55** 86,976.15 382039.32 455,557.38 Depreciation, Improvement & Extension 30,205.82 6,800.00 38,232.26 (1 1226.44) Parking System Revenue Fund 1305021.11 5s710.60 196.97 135s534.74 Corporate Purposes Construction Fund 1973 6815429.95 440.00 680s989-95 $131s407-56 Adjusted to reflect interfund transfers Bills already paid VILLAGE OF MOUNT PROSPECT PAGE I ACCOUNTS PAYABLF APPROVAL RE -PORT PAYMENT DATE 5/28/81 VENDOR PURCHASE DESCRIPTION INVOICE AMOUNT TOTAL C" 'RING ACCOUNTS Ml, PROSPECT PIZZERIAi INC* PETTY CASH — MANAGEMENT SERVTCES REFUND OF PUP RM* 080 LIQUOR LIC* TRAVEL SUPPLIES 7 $4169667 $416 X13. 33 Sl3o*33', CLEARING ACCOUNTS T 0 TA L $430*00 GFNE—RAL FUND $430*00 A. � 40. .0. .0. -0- N,a eta IV, It- I%- 'll' 14" 20", -1446, \i}i',.ltart+rffi .06 A, i# is raa -41 i. w, 10% N, .91 '1, "ou PUBLIC REPRESENTATION DIVISION MIGHTY MITES AWARDS t SONS SERVICE PLAQUFS NORTHWEST "UNICIPAL CONFERENCE SH'ARE OF E-911 TNTERVENTION $45*50 $45a50 RANDHURST ENGRAVING WORLD PLAQUE FOR Eage RICHARDSON $83*35 $93*35 THE RELIABL� CORPORATION 2 DRAWER LEGAL FILE $166*30 $166*30 $129*25 $129*25 PUBLIC REPRESENTATION DIVISION ata"'TOTAL."" $424*40 GENERAL FUND t424a40 'I- IV,aia A. ft- A. no- IVir .A. A. -A- .06 -0- A— -0, -e -e IV-• I& -A. A. A.. A. 1w. IV, -e A. Ap #6 It, "a, ft, 1%, ft. It- N. w. .0. .06 It, MANAGER'S nFFICE TERRANCE Le BURGHARD INCENTIVE AWARD EDWARD Ao GEICK INCENTIVE AWARD $19500000 Slt500*Qo* iNT CITY MANAGEMENT ASSOCIATION MEMBERSHIP DUES EDWARD A* GEICK $19200*00 $19200*00* RfCHARD Le JESSE I METROPOLITAN EXPENSES FROM CONFERENCE S151o19 $6*60 $151019 $6*60 1 COLLEGE OF STo LOUIS 'PETTY CASH — MANAGEMENT SERVICES U (MANAGEMENT OF GRANTS PGM* SEMINAR$350*00 TRAVEL $350*00 & SUPPLIES $1650 TRAVEL & SUPPLIES $16*70 TRAVEL & SUPPLIES $9099 $28019* VENDOR VitLAGF MANAGER'S OFFICE PETTY CASH POLICE DEPARTMENT ' jPOSTMASTER MT PROSPECT -VILLAGE OF NORTHFIELD IVON 9RIESEN REOMOND, S.C. LESLIE Ho WU9LLETT VILLAGE MANAGER'S OFFICE VILL-AGE OF MOUNT PROSPECT PAGE 2 ACCOUNTS PAYABLE APPROVAL REPORT PAY-MENT DATE 5/28/81 PURCHASE DESCRIPTION INVOICE AMOUNT TOTAL TRAY-ELv SUPPLIES $10-000 slowoo* POSTAGE FOR METER MACHINE $150.00 $150000* MANAGER'S TRAINING SESSION $84 10 $g4 10 LEGAL SERVICES RENDERFD $19453*19 $19453919 BOCA CODE CHANGE & FD o CONFERENCE $782 00 $782 00 GENERAL FUND 559715s27 T 0 T A L $59715*27 4, a r al, A, a-- -4, aA. Aw ani a r A. OI .A. -I' It* I.- am 1.- -41 1...i. V, *I IV- Ie *41 N. -r r)rr_-PAQTM,ENT OF MANAGEMENT SERVICES WILLIAM Jo CREAMER CASE SETTLEMENT $19268o6O $19268s60* IoB*Mo CORPORATION MAY' 81 RENTAL CHG. $233oOO $233 010 IBM IBM COPIER TI JUNF981 CHGo $80000 $80 00 POSTMASTER MT PROSPECT POSTAGE FOR METER MACHINE $600s00 $600 00' RELY A9LE OFFICE MACHINES ADDER ROLLS9 CALC* COVER $34 65 $34*65 [DEPARTMENT OF MANAGEMENT SERVICES T 0 T A L r 44cT 0 T A L $29216925 A. 00 'A. A. ps .00a —0. .P, 'Ap 4. 4, 'A. I_u .06 .A. 'A. _*_ 'o- �*. s9, _q, �AI 'e. I.%� *. a. ,A. -jo �4. "P. 'A. #� A. .� 14. 'A. Qv. .2. .6. lik. w. _im _.i. _w® Ie Itr, IN, It. w. Is, ft. le 1- 9, le -1- 14, -41 i4ft. w. w. -9. -4- It. I., It- aw p. -6. -01 -90 A* �� 'o. .0. 'A. 't, I, ft, N_ w. .w. v. It. -8, N- VILLAGE CLERKIS. OFFICE INORTHWEST STATIONERS INCw BINDERSv PENS $18*67 - 67 !POSTMASTER MT PROSPECT POSTAGE FnR METER MACHINE $400 03 $400 00* SYSTEMS FORMS9 INCAS BUSINESS LICENSE -1900 %808024 $808024 VILLAGE CLERK 9S OFFICE T 0 T A L S1*226 *91 GENERAL FUND $29903a83 A. *il . *'V "1. .9. '46 't" #. * * * $� ;— 0. "t. a, -"- -0-- * A, °tq as * Ao 14,eff, le VILLAGE OF MOUNT PROSPECT -4- -w- —06 PAGE 3 FIRE EMERGENCY PROTECTION DEPT9 ACC-OUNTS PAYABLF APPROVAL REPORT AMP—RICAN DATA PRODUCTS PAYMENT DATE 5/ZF/81 VENDOR PURCHASE DESCRIPTION INVOICE AMOUNT TOTAL GENFRAt- FUND $19226091 $57959 $622*50 S57e59 -I- Z.- -a- Z.- POLICE DEPARTMENT '1' .0. .06 -p- -0- $622o5O COOK COUNTY SHERIFF POLICE DFPT* WILLIAM Jo CREAMER BASIC YOUTH TRNGs KEN LEE $175o00 $175*00 FACTORY MOTOR PARTS, INCe CASE SETTLEMENT 2 4 FILTERS $951*45 S951*45' Tm9sMo CO OR IBM CORRECTING SELECTRIC TYPEWRITER $931m50 $45*36 ILLINOIS BELL TELEPHONF COe TELEPHONE SIERVICE $52*54- $931o50 TELEPHONE SERVICE $13o77 TELEPHONE SERVICE $140*55 NAPA AUTO PARTS 20 FLASHERS $24o88 $179o2O Y PETTk.ASH PnLTCP DEPARTME-NT TRAVEL..SUPPLIES $157o4O $157o4O TRA Ear SUPPLIES $12*21 1w, TRAVEL, SUPPLIES $29*00 POSTMA�TFR MT PROSPECT POSTAGE FOR METFR MACHINE $8098 s 5 0 0 1 TERRACE SUPPLY COMPANY OXYGEN CYL*q ACETYLENE CYC $400*00 $ 4 0 0 a 0 0 At" S13*73 $13*73 POLICE DEPARTMENT T 0 T A L 141 1VI $2v903983 GENERAL FUND $29903a83 A. *il . *'V "1. .9. '46 't" #. * * * $� ;— 0. "t. a, -"- -0-- * A, °tq as * Ao 14,eff, le 14, Av� 14,d. -4- -w- —06 p. A. aAs Ir FIRE EMERGENCY PROTECTION DEPT9 AMP—RICAN DATA PRODUCTS FINE POINT BLACK PENS 9ERKFY CAMERA SHOP FILM PROCESSING $47o3O $47*30 FULTON CONTRACTING COo MAINTo WORK DONE CIVIL DEFENSE SIRENS $57959 $622*50 S57e59 ILLINOIS BELL TELEPHONE COv TELEPHONE SERVICE $622o5O TNTER GOVFRNMENTAL RISK MANAGEMENT A EREPAYMENT OF INS, REIMBURSE4ENT $90o34 $90o34 KROCH & 9RENTANO MEANS SERVICE BOOK—DANGEROUS 0ROPa INDsMATERIALS $85*48 $54*50 $95o48* TNCe SERVICES RENDERED S54*50* $52*54- $52,954 VENDOR FIRE E EMERGENCY PROTECTION DEPT* P VILLAGE OF MOlUNT PROSPECT ACCOUNTS PAYA9LE APPROVAL REPORT PAYMENT DATE 5/28/81 PUREHASF DESCRIPTION NA A /-A ki I u PARTS BELTS, WIRES U JOINT -S AUTO SUPPLIES SHOES? TURNED DRUMI SOCKET LENSES, ADJe KIT, BEARINGS NATIINAL FIRE PRCTo ASSOC* RENEWAL FOR MFM9ERSHIP Lo WUOLLETT NORTHWEST ELECTRICAL SUPPLY CUTTER POSTMASTER MT PROSPECT POSTAGE FOR MFTcR MACHINE THF RELIABLE CORPORATION MISCO OFFICE SUPPLIES TERRACE SUPPLY COMPANY GAUGE THOMPSnN ELEVATOR INSPECTION SFRVIC ELEVATOR TNSPFCTION V F, ri PRINTERS INC* PLATE—APPLo f:OR BUILDINr.3 PERMTT FIRE & EMERGFNCY PROTECTION DEPT. GENERAL FUND ';19326*91 Q.EVr"-NUr,-: SHARING FUND INVOICE AMOUNT $25*70 $51.92 $21 97 $45*99 $17*88 $60oOO $12.72 $50.00 $47.01 $8*95 $18000 $ 16,o ?5 -0.:'� -*� *� il -.. T 0 T A -I- L PAGE 4 TOTAL $163 46 $ 6 0 a 0 0 $12972 S50000-1- 47.01 $3095 $18900 $16925 $19396*64 $59 73 HEALTH SERVICES DEPARTMENT 1% :+r'.:* -A. A, 0. -4- AUSTIN Me FRISHMANt PHoDo PADDOCK PUBLICATIONS I RODENT HANDBOOK OTHER PEST VERTEB $11*30 POSTMASTER MT PROSPECT DAILY HERALD 4/l/81 -6/l/81 $14 75 $14 'o 7'L XEROX rORPORATION POSTAGE APRIL' a1 FOR METER MACHINE COPIER CHG. $100 00 0 $ 10 0 * 0 - 0 $200 18 APRIL' 81 RENTAL CHGw $203*19 S403a37 HEALTH SFRVICES DEPARTMENT Opp"TOTAL-0-4- $529*42 J. A* -.4, 4. J. st. J- 14, .t•4Z _41: ., -_ -4, A,►Jb U -A. �6 16 A. U -46 No, -4w .1. -A. �16 le * .". * * * * * * * T L E MOUNT PROSPECT ACCOUNTS PAYABLE APPROVAL RE -PORT PAYMENT F 5/28/81 VENDOR PURCHASE DESCRIPTION N S` 'R CITIZEN'S DIVISION 3ADE PAPER PRODUCTS C CUPS 8 o68 $58*68 AIRKS TRANSPnRTATION COMPANY SENIOR. CITIZEN CAB RIDES $545v40 ILLINOIS BELL TELEPHONF COo I TELEPHONE SFRVIC"- Sl5e9l TELEPHONE`SERVICE 1. POSTMASTER T PROSPECT POSTAGE C METER MACHINE D :RELIABLE FIRE EQUIPMENT CO A 24 SMOKE DETECTORS $268o35 $268*35 SENIOR CITIZENOS DIVISION Yt`'t 1 D 4 a GENERAL FUND$19081e94 a aia ata vis ✓aia +Ts �a atr to 1. +�. atr at. wta aas aiY ais atr air ..is !i: aTr atr ais a a atr ate a a a$r ata 1 m i rta rta .�> rt rti a#a rta ria =am iTa si. ata. +T.. *a +ta rta sia �s ria t sta ata r®a ria rTa ai. ,a ria a+.. .its eis att aT1 aia ats atr a's ..t: aTrt a r aTs vtr ods a a s8m aia a.ia -Am at a aTy sis atr ai: ats r a$ ais �s ria a®. +#a d�. mta tet: aia sta ..ta rta .ia �a .ata ata .ta rta sts ati ?a t :ia ata .ia eta s'a spa ata as ..4a ..�.' .ta �a o® sia .� a a tw sia atY mi® air a�e� at,> w;s str A. w� p. air aiar w®a +�v +yr rta sir wta a� �w a�. rta sta a. ria qJm ata rta ate �r eta you eia 'ta r� fa +ya aiw -0a —16 -1- spa alp .0y vise -1- ai `8a � ria t4a 'tia a® �® �m � °�'m atm '� COM 1) IT DEVELOPME=NT DEPARTMENT P & H INDUSTRIES 9ERKFY CAMERA SHOP R r FREDERICK & ASSOCIATES9INC* LION PHOTO SUPPLY INC NORTHWEST S TIO RSINC* POSTAL INSTANT PRESS RA9LE OFFICE MACHINES SC MATERIAL CONST T NTS9 INC* VA%,;;.,_ -,ARTISTS DESIGNERS SUPPLIES 2 REPROD CIRILE °ASE MAPS FILM PROCESSING PHOTO FINISH FIELD STAKE PROPoCENTENNIAL DR KONICA I35MM LENS9 TELEC N ERTER FASTENERS NOTE PADS LIFT—OFF TAPES SOILANALYSIS—CE14TENNIAL DRIVE . CRAPIC ,�PLE $13s23 Ib 0 $128*90 $3*12 O 4 .00 $100080 ii f318*77 COMMUNITY DEVELOPMENT BLOCK GT ' L o40o A. .. aL ,.t. !tr A a . .F. aL aa. 4 atY 4 ats 4 !a.L aT. J. !e . Aw 0. 'ya it ya -ya 'ia ata raa .aa 'i '! ti rYa 'V ry., ata aYa 'N rta !a '*a ay +a �a 1s ya rya to ' M .A rya ata aaa +ia rt. ja tta o" M ata .ta 'ya M ym "'� .ta M rW M .ta .ta raa i Y .ta .t! as rta rta rs Yta 'Ma ye M .#" °Y rye +ta ya M rta yt" a a" '�' i .t• y is �. aie a�dr 1r air aAa .i uL a�. aAr udimullul STREET DEPARTMENT A*A*Ao SERVICES INCo ANTION Jo ADAMS AMERICAN HOTEL REGISTER BERKEY CAMERA SHOP i r i C PRODUCTS9 INCORPORATED CHFM RITE PRODUCTS COMPANY CHICAGO TORO TURF—TRRISATIONq 1NC45 r-OLFAX WELDING FABRICATING EDISON ,DOOR SYSTEMS OF ELK GRnVF DES PLAINES GLASS COMPANY FIRESTONE STORES GREATER DISTRIBUTINGi INC* HILLSMAN EQUIPMENT COO COUNTRYSIDE FLORISTS AATTOF MOTOR SALES COO MCGILL MANUFACTURING COMPANY9 INC. M ETROCOM SERVICE NORTHERN ILLINOIS GAS COO INTERNATIONAL -.!OFFICE FURNITURE CLEAR* HOUSE ; A ,A .,,PETTY CASH — PUBLIC WORKS VILLAGE Of MOUNT PROSPECT ACCOUNTS PAYABLE APPROVAL REPORT PAYMENT DATE 5/28/81 PURCHASE DESCRIPTION APR1L*81 SERVICES APRTL#81 SERVICES APR1L'81 SERVICES APRTL'81 SERVICES PLAT OF SURVEY NWeHWY So MAIN FREIGHT CNG. PHOTO FINISH PHOTO F1141SH HARDWARE KAPTOGGLE ANCHOR -50 CLEANING SUPPLIES CLEANING SUPPLIES CLEANING SUPPLIES CLEANING SUPPLIES CLEANING SUPPLIFS CLEANING SUPPLIES I UTILITY TRATLFR SHEET STEEL 8 PIECES CUT TO SIZE ELECTRICAL SERVICES REPAIRS TO OVERHEAD DOOR Irl RFGLAZED GLASS ASST* TIRES & TUBES BATTERIESv ACID GARDENING TOOLS 3 FLATS WHITE FLOWERS GASKET 4 SWITCHES REPAIR BASE STATION GAS SERVICE 2 LEFT PANED 2 RIGHT PANEL96 PLATE BUMPER STOPt PLATT, MAT STORAGE CABINET TRAVEL SUPPLIES TRAVELS SUPPLIES TRAVELv SUPPLIES INSPECTION OF AIR HANDLING UNIT VNVOICE AMOUNT S154e00 T60*00 $110-* 00 $24oOO $250*00 T2r)v 28 $55o74 $llo95 $11P947 $24*44 $232*98 S 17 1 * 2 3 $145*53 $36*00 T33w42 $7?o5O $?*800*00 $144*00 $1,096 $181*86 $654*00 $892m,46 $49*32 $374o30 $24oOO $a78 S181 18 $113905 $111*97 $172*40 $89 0 80 $95,000 t 17 54 S 8 5 3 $90431 $500*00 auffl�W' TOTAL I $348s00 $250900 $20*28 $74le66 $29800*DCS $144o00 $1*96 $131*86 $654.00 $892*46 $49 32 $374o3O--- $24*00 $76 $18018 $113e05 $111 97 S261*20 $95.w00 a. S35,008's- $500*0() VENDOR STR-r,T DEPARTMENT R0".1, AD'S EQlJIPMF7NTv INCc. STEINER CORPORATION STANDARD PTPF & SUPPLY INCO -.TERRACE SUPPLY COMPANY TRI SERVICE COMPANY WARNING LITES OF ILLINOIS STREFT DF-PARTMEENT ELM my, liaws `VILLAGE OF MOUNT PROSPECT ACCOUNTS PAYABLE APPROVAL REPORT PAYMENT DATE 5/28/81 PURCHASE DESCRIPTION TClRf_l GROUNDMASTFR 72 TRACTOR/MOWER CLOTHING RENTAL & CLEANTNG, SVC. FAUCET STEMS & SEATS 0yYGEN C-YL*v ACETYLEilF CY'La MICROCEL MASKING PAPERS IPPON ADDITIVE REPAIR A/C SYSTE", REPAIRED A/C UNIT AT VILLAGF WALL REPAIR A/C l%JNITS 4ALLv SC*& POLICE SIGNS MARS LIGHTS $896,69*19 REVENUE SHARli'14+S FUND INVOICE AMOUNT TOTAL $129711*63 $129711*63 $803 15 $803w15 $17900 $17*00 $13a72 ASPHALTv FMtJLSION $11*55 $61s78 $87s05 $lv479*55 $455 30 $804.20 PHOTO FINISH $610098 $29894&73 $25e'30 4 ENLARGEMENTS $108000 $133*80 T 9 T A L ?49475 06 unwrlifflopUm 4- 4- A, 4. A, A, -e V -d- 7 -v- 44f. -4. -el Ile le, - 'WATER AND SEWER DEPARTMENT ALLIED ASPHALT PAVING ASPHALTv FMtJLSION B & H INDUSTRIES LETROSIGN9 LETTERING $455 30 $455 30 BE� *,CAMERA SHOP PHOTO FINISH $14e45 $14*45 4 ENLARGEMENTS $35*23 PHOTO FINISH $8*76 BRISTOL.—BA COCK DIVISION, ACCO INDs WELL CONTROL REPAIRED $55*75 S99974 CARRIZO CONSTRUCTION9 TNCo COMMONWEALTH EDI SON WATER DISTI R BUTION SYSTEM IMPROVEMENT $387a6O $119645*13 9 $37o6O $11v645*13 COMMONWEALTH EDISON ELECTRICAL ENERGY FOR PUMPS ELECTRICAL SERVICE 19 $29956*53 $299956o53 -CONSOLIDATED ELECTRIC COMPANY SUBMERSIBLE TRANSDUCER $89984 X39 84 FIRESTONE STORES ASST* TIRES E TUBES $237*51 SZ37*51 We GRAINGFR 1111CO MOTOR? BELTS9 GAUGE $892&46 %892w46 ,RALPH Fo GROSS 'SON ASSOCog INC* PUMPING STATION WELL 176 $*79 $176*79 !J?'17 $? 9152*88 $29152*88 VFNDOR WATER AND SEWER DEPARTMENT VILLAGE OF MOUNT PROSPECT ACCOUNTS PAYABLE APPROVAL REPORT PAYMENT DATE 5/28/81 PURCHASE DESCRIPTION GRPATER DISTRIBUTING, INC. I BATTERIES* ACID HE ICO INC e 5 SPIRAL SAWS HERSEY PRODUCTS INC* Grc-,-NFRATOR RP—AOERS $30oOO LOW TORQUE GENERATORS HINZ LITHOGRAPHING CO 18 FNLARGEMENTS—POINTS HUNTER ASSOCIATES CALCULATORS IoPomo CORPORATION MAY#81 RENTAL CHGa ILLINOIS BELL TELEPHONE CO. TELEPHONE SERVICE $13*62 TELEPHONE SFRVIrE $13.77 TELEPHONE SERVICE $428e75 TELEPHONE SFRVICE $13*62 TELEPHONE -fl->FRVTCE We D. KELLFR GRAPHTCSt iNCs f - POSTERS PRINTI-D KOFl-:HN'S ROSEMONT GARDENS, INC, 70 YDS s SOD 'ICOADE-& COMPANY, INC. 2 COFFEE POTS METRr-IC9M SFRVICE REPAIR EASE STATII!".' NEUC09 INC* FLOW SWITCH, 3 6 PADDLES NORTHWEST STATIONERS INC* TAPE, MARKERS, POSTFRBOARD $10*32 MISCOF- * F TCE SUPPLIES PADDOCK PUBLICATIONS TREE TRIMMING STD NOTICE PETTY CASH PUBLIC WORKS TRAVEL %A SUPPLIES $10 14 TRAVEL 6 SUPPLIES $20e00 TRAVEL Z SUPPLIES $20eOO TRAVEL, SUPPLIES ]POSTMASTER TRAVELv SUPPLIES MT PROSPECT POSTAGE DUE ACCOUNT CARLO V. SANTUCCI, INC* POSTAGE FOR METER MACHINE BUSSE ROAD WATER MAIN IMPROVEMENT STFINER CORPORATTON CLOTHING RENTAL & CLEANING SVC* STANDARD PIPE SUPPLY INC. INIONS 9 ADAPTERSj VALVE9 SOLDER TERRACE SUPPLY COMPANY OXYGEN CYLot ACETYLENE CYL. WARNING LITES OF ILLINOIS MARS LIGHTS WHEAT AUTO SUPPLY, TNCo DTTZLER 71FBELL WATER SERVICE PRODUCTS-P.INC12 ADAPTERS AWATER AND SEWER DEPARTMENT A $22 20 PACE 8 INVOICE A -MOUNT TOTAL -%49*32 $49032 $220965 $220.65 $30oOO $19440s00 $19470*00 $164e33 $164 33 $313* 00 $313.00 $233000 $233*00 $13*62 $13.77 $428e75 $13*62 $13962 $483.33 $65 00 $65900 $52w50 $52950 $39w98 $3909EI $113905 $113*05 $45*23 $45928 $10*32 $11*44 $2176 $15*00 $1500 $10 14 $20e00 $20eOO $2500 $101.76 $176*9' $1,000000 $200900 $19200*00- $249434*25 $24,434*25 $803 16 $803,*16 $23e95 $23*95 $13#72 $13*72 $108000 $108000 $22,20 $22 20 $94&92 $94992 **TOTAL -"-4- $76#271,58 VENDOR WATERWDRKS SEWERAGE — DEM VILLAGEOF MOUNT PROSPECT -ACCOUNTS PAYABLE APPROVAL REPORT PAYMENT DATE 1 PURCHASEDESCRIPTION INVOICE AMOUNT TOTAL $38903'9 32 MATER DRKS E SEWERAGE —D 39 4Z 2 ? if aMa ayr a a� ato syr atsr �r / aii o r ail m®r yr s4v aia + r a r aA.r is a a mfx a�#s ode s syr e s aPa a!m A_46 a0- Dir �. riw aya +.ya ri` r r ri` rY s'!m '°ia ria si'a 'ii" �` i` "ia r'ia' sY 'f 'la 'af' to ria fa aia siw y aia fa PARKING SYSTEMDIVISION abs la i4 a6. ads a a#s a a via +yv m�® aia a r a�....B.ar ads ai® sis a®s ais ain �r ..®r a s ado rim io a a air .fs it air a�w �+ a0r awe. aye eta a r ry. y aaa sia ria y as 4a a*a ria �a ,wea -4-_I_ aia +ya yya iya aia sia sym aia ra sia rim .ia sya ris ria aia rya mia iye iya iia '� rya aia ria rads ®ti a8e aia adv ear ays a1r w w .�a �a a� w s .sya :ya ® is ria ais aya �a rya rya aia sya ria as sia �0 y '� ti �' ager � w r air }ae a�sr a�w aia ARLINGTON ELFCTRIC SUPPLY C06 LTGNT FIXTURE FERRIS INDUSTRIES CARD GE PICK—UP SERVICE $112000 NIDD7RDWUING COMMONWEALTH EDISON ELE-CTRICAL SERVICE 292 $11039 ELECTRICAL SEP ICE 11.3 PETTY CASH — PUBLIC WORKS ELECTRICAL SERVICE TQAVEL E SUPPLIES�- $1090 $2468 TR.AVEL9 SUPPLIES $2 a'a T737ti RKING SYSTF—M DTVISION is i i IrlTALa'; $ 9 6 1 PARKING SYSTEM REVENUE FUND 19697 +ya !� i s�r raf® r + W s awe+ ads i�Y i r yea 6�s ayi a�sa air .�Y ati air A. ani Vis a N A. A, air 1r it a.w !a ria i ria � a8' ' 8` N°y® "'da is# is aia '�y 'fin "aa +a s'ia is ria M 'ty® iYr sia !a i*r -A. a1s anti a r air ids a0r iii a`V ani +�V a s a�sr aiI V�+ a$s ®i +fir +.gyp a�+ s > # ai♦r ais Byer a+r a r aya s� Y r a�A ads ver i r iy4A aia a m afP �.e air mei ai{BM aa� a{r a p �s 1aVps }s ria .rys rmy sam rya aya �r rya ria rya f.+ air ais V iF a`8m a m t�► rye FNGINEERING DIVISION is ria rim a'e. rd` #<' ria rym aia W TNDUSTRIFSSUPPLIES '_D CONSTRUCTION? C DRIVE RE OVAL E CURBSREPLACEMENT 2D 3 $2 3 CG-� __ ' E LT DIS N MUNICIPAL STREET LIGHTINGD 2 t260*00 COOK COUNTY TREASURER STS TRAFFIC LIGHTING .PRILt TE U TR �� s��ODI ? 7 5Z 992 3AI E SSDC ES: T C LS ENGINEERING SERVICES E E F *3_D POSTMASTER MT PROSPECTPOSTAGE FOR METER a_ $500005 -ENGINEERING DIVISIO,,N=�TDT — A L= 13 s -VILLAGE OF MOUNT PROSPECT PAGE 10 ACCOUNTS PAYABLF APPROVAL REPORT PAYMENT DATE 5/28/81 VENDOR PURCHASE DESCRIPTION INVOICE AMOUNT TOTAL GENERAL -FUND $9037490 REVENUE SHARTNII-47 FUND $2*260*00 MD'WOR FUEL TAX FUND Slt357*50 CORP* PURPo CONSTo FUND 1973 $440*00 -.-�tr .4, 4, �11. 'a. * �,.Jr �a A. 4. .11. .0- -9, �1. .0� A. 4� ..� ', -%. -9. -8, .V- <4. A. .1- .6, ®6r A. #- a, �-. lo� +...+.: , -9 '8. a- -- 4-, .0. -4. .1. .4 Jl� -,. .4, -6- .5. vA. 's- .r -4- -4 a. A. .0. -A. A. ,1- .s..y. 1, It, 4.y, 14, 1., .s® llw- 4, e "a' -,*- 1*1 -.. 'o- -I*- >s® #, 1., 14, %, .16, -0- -a- 41 na- Is, a.:.., -a- It -"s: 'a' �W' 10-0. 'A' -e -e- -ap- V V COMMUNITY AND CIVIC SERVICES COMM9NWEALTH EDISON ELECTRIC CHARGE FOR LIGHTING $178ol2 %178m12 COMMUNITY AND CIVIC SERVICPSo-'w. ~�� ""TOTAL-P--06 $178&12 ► rZolamfiffum RESOLUTION NO. 22-81 A RESOLUTION OF COMMENDATION FOR 21 YEARS OF PUBLIC SERVICE - RALPH J. DONEY WHEREAS , RALPH J. DONEY has announced his intention to retire from the Police Department of the Village of Mount Prospect effective July 16, 1981; and WHEREAS., RALPH J. DONEY has served with distinction, honor and loyalty as Chief of our Department since May 17, 1974; and WHEREAS, RALPH J. DONEY served as an officer of our Department since July 16, 1960 and was promoted to Sergeant on November 30, 1962; and WHEREAS , during these twenty-one years of meritorious service Chief Doney has demonstrated consistent leadership and thoughtful determination to provide our community superior and innovative police services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT 9 COOK COUNTY) ILLINOIS: SECTION ONE: On behalf of our 53,000 residents and previous and current elected and appointed officials, we extend our warmest and most sincere congratulations to CHIEF RALPH J. DONEY for his untiring and successful effort to make our Village a safe and pleasant community. His dedication to duty, the community and his profession shall be Ideals for all of us to emulate. We thank him for his leadership and achievements and wish him well for the future. SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Arthur Farley Floras Miller Murauskis Wattenberg Krause PASSED and APPROVED this 2nd day of June , 1981. ATTEST: Village Clerk Village President 21 VillagE Mount Prospect mount Prospect, Illinois TO: Villa Manager FROM: Director Public Works DATE: May 26, 1981 1 SUBJECT: Tree Tri=mming Contract Sealed bids were opened on May 13, 1981 for a proposed tree trimming contract. Bid tabulations as follows: Nels J. Johnson Tree Experts, Inc. $51,192.00 Hendrickson Tree Experts, Inc. 55$854-70 Tree Toppers, Inc. 40,997.60 Davey Tree Co. 56)196.00 A tree trimming contract is a service program that is very visible and one which the residents are quite conscious of. Our set of arborists standards are high and our specifications try to encompass all aspects of the tri=ing program. Hence, when awarding a contract we evaluate each bidder not only on price but quality of work and past contracts. In this case the apparent low bidder, Tree Toppers, Inc., should be disqualified and the bid of Nels J. Johnson Tree Experts, Inc. be accepted. As was the case last year, there apparently is concern from other government bodies that the quality of work and the administering of other contracts by Tree Toppers would be sufficient cause for us to reject their bid. A copy of our Forester's review of the Tree Toppers firm is attached. There is $70,000.00 allocated in' the current budget for this proposed work, and it can be found on page 97 of the Street Department budget. I recommend that the bid of Nels Johnson Tree Experts, Inc. be accepted in the amount of $51,192.00. Z7, Herbert L. Weeks h1w; 3' m attachment Village' --f Mount Prospect ,aunt Prospect, Illinois INTEROFFICE MEMORANDUM TO: Director Public Work! FROM: Village Forester DATE: May 26, 1981 SUBJECT.- Bid Results - Tree Trimming As requested, I have reviewed the bid submitted recently by Tree Toppers Inc. for parkway tree trimmIL g. In my opinion Tree Toppers is not a qualified bidder for several reasons. You will recall from my memo of 4-30-80 that Ax " lington Heights took Tree Toppers to court for their failure to complete their 1977-78 con- tract. (As of this date, Arlington Height's forester is not- sure whether the matter is still pending or was dropped.) The Illinois Division of Highways had great difficulty getting Tree Toppers to�meet the ,terms specified in their contract.. The man who administered the contract told me Tree Toppers would not respond to phone messages or registered letters. Also, the City of Evanston re- jected Tree Topper's low bid last year after checking their past record. In addition, from further checking this year, - I learned the following: The Village of Riverside hired Tree Toppers to do their Elm removals last year and by August the man who administered the contract (Richard Saks) had refused to"give them any more work because of all the problems that arose. Subsequently Tree Toppers submitted the low bid of River- side's trimming contract, but was not awarded the contract due to their past record. Tree Topper's lawyer sent Riverside a letter last Fall threatening to sue the Village if they could not substantiate their decision not to award the contract to Tree Toppers. Richard Saks told me he sent a response to the lawyer citing specific instances of damage to public property, resident complaints, etc. and has not heard from the lawyer since. Mr. Saks also told me they are withholding 107 of the money still due Tree Toppers to cover several instances of damage to public property. He says he has repeatedly tried to contact Tree Toppers so they can reach a mutual decision as to who will do the necessary repairs, but, they do not respond. I also spoke recently to Don Manek of Skokie. He told me that based on Tree Toppers past record be would refuse to even allow them to bid on Skokie's upcoming contract. I have also learned that the man who held the Tree Expert license used by Tree Topper last year has since left the company. Now Tree Toppers has hired two graduate foresters from the University of Illinois (Paul Bures and Gordon Mann) to lend their tree expert licenses to the firm. These foresters hold full time jobs with the Village of Brookfield. iii .y To Director Public Works Re: Tree Trimming 1981 May 2 6, 19 81 Page 2 I spoke to Paul Sures recently and he felt this arrangement was ethical. He says if there is any problem on the job anywhere he or Gordon Mann will be responsible for straightening iIt out. However, I cannot see how this could be possible since his job with Brookfield is a full time job. Finally, I went to LaGrange last week to view first-hand some of Tree Toppers' work. In my opinion the work was definitely below our standards. I saw cuts improperly made, stubs left, many trees trimmed basically just on the street side, and small deadwood left in a great number of trees. For the above reasons, I feel that awarding the current contract to Tree Toppers would be a major setback to our trimming program. Sandy F'6Yga-cs ORDINANCE NO. AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A SPECIAL SERVICE AREA IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECTr COOK COUNTYr ILLINOIS: SECT10N ONE: Authority to Establish Special Service Areas. This Board takes notice of its authority to establish a special service area pursuant to Article VII, Section 6. paragraph L of the Constitution of the State of Illinois in force July 1, 1971 which provides in pertinent part that: "The General Assembly may not deny or limit the power of home rule units... (2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law f or the provision of special services to those areas and for .the payment of debt incurred in order to provide those special services. " and.further pursuant to an Act to' provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of Home Rule Units and Non -Home Rule municipalities and counties as set forth in Sections 1301 through 1311 of Chapter 120 of the Illinois Revised Statutes, 1980. SECTION TWO: Findings. This Villa"ge Board hereby finds as follows: (A) It is in the best interest of the public that the creation of the area hereinafter described as a special service area for the purposes set forth herein be considered. (B) Said area is a compact and contiguous business area within the Village of Mount Prospect. (C) Said area is zoned for business purposes as a business retail and service district and will benefit specially from the municipal services to be provided, which proposed municipal services are unique and are in addition to municipal services provided by the Village of Mount Prospect as a whole, and it is therefore, in the best interests of the Village of -:Mount Prospect that the levy of special taxes against said area for the special services so pro- vided be considered. SECTION THREE.- Public Hearings - Tax',.'Rate - Issuanc e of Bonds. A publii,che'aring shall be held on Tuesd6y the 23rdday of June, 1981 at 8:00 o'clock p.m. CDT in the second floor 'Board Room of thePublic Safety Building, atNorthwest Highway, Mount Prospect,f,Illinois,,to consider the creation -of Special Service Area No. 3 of'the Village of Mount Prospect, - in the territory 'described in the Notice set forth in Section 4 hereof, At the hearing, there will be considered the borrowing of $25,,000.00*to be evidenced by General obligation Bonds, the proceeds of which shall' be used to pay part of the cost of con- struction and installation of roadway modifications and rehabilitation including diagonal parking space and pedestrian walkway designation and driveway alignment; street light installation; parking lot addition and rehabilitation; installation of turn around and median islands; landscape grading; planting of shrubs and trees; sodding and such other incidental work' deemed necessary to improve South Wille Street from the intersection of Busse Avenue and Northwest Highway, North to the intersection of West Central Road within said Special Service Area as described in the Notice set forth in Section 4 hereof. Said bonds are to be retired over not to exceed, a twelve (12) year period, ,and to bear interest at a rate of not to exceed ten (.10%) per cent. per annum. Said bonds, if issued, shall be retired by the levy of a direct ta-x to pay the interest on sluch bonds as they fall due and to discharge the principal thereof at maturity. Said ta-x is to be levied upon all taxable property within, the proposed Special Service Area and said tax, shall be in addition -to all other taxes provided by law and levied upon property within the proposed Special Service Area pursuant to the Revenue Act of 1939. SECTION FOUR: Notice of Hearing. K-0-til-c—e-6—fHearing shall be published, at least once not less than f 11 f teen (15) days prior to the public hearing in the, Mount' Rr2�2e Herald,, a newspaper published within the Village of Mou t Prospect. In addition, Notice by mailing shall be given by depositing said Notice in the U. S. mail addressed to the person or persons in whose name the general taxes for the last preceding year were Paid on each lot, block, tract or parcel of land lying within the proposed Special Service Area. Said Notice shall be mailed not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the Notice shall be sent to the person Last Listed on the Tax Rolls prior to that year as the owner of said property. The Notice shall be in substantially the following form: "NOTICE OF HEARING VILLAGE OF MOUNT PROSPECT SPECIAL SERVICE AREA NO. 3 AOTICE IS HEREBY GIVEN that on Tuesday the 23rd day of June, 1981, at 8:00 p.m. o'clock CDT, in the second floor Board Room of the Public Safety Building, 112 E. Northwest Highway, Mount Prospect, Illinois, a hearing will be held by the President and Board of Trustees of the Village of Mount Prospect to consider forming a Special Service Area consisting of the following described territory: Lots 1 and 2 of WIlle's Consolidation Plat of Lots 2 to 12 both inclusive in Block 2 in Busse and Wille's Resubdivision in Mount Prospect, a subdivision in the West 1/2 of Section 12, Township 41 North., Range 11 East of the Third Principal Meridian, in Cook County, Illinois, .together with that part of the public street which lies West of a line 33 feet East of the East line of said Lots 1 and 2 and which lies Northerly of the Northeasterly line of Northwest Highway and which lies South of the North line of Lot 1 aforesaid extended East, all in Cook County, Illinois. The street to be improved within said described area is South Wille Street from Northwest High- way to West Central Road. Such area is generally bounded by businesses adjacent to South Wille Street on the East and West sides thereof. An accurate map of said area is on file in the office of the Village Clerk and is available for public inspection. The purpose of the formation of the Mount Prospect Special Service Area No. 3 in general is to provide special municipal services to the area, including, but not limited to, municipal services consisting of construction and installation of roadway modifications and rehabilitation including diagonal parking space and pedestrian walkway designation and driveway alignment; street light installation; parking lot additions and rehabilitation; installation of turn around and median islands; landscape grading; planting of shrubs and trees; sodding and such other incidental work deemed necessary to improve South Wille Street from the intersection of Busse Avenue and Northwest Highway, North to the intersection of West Central Road, together with the redesign and channeling of traffic movements to provide for one-way traffic flow along said street from the Northwest Highway intersection to a point approximately 300 feet South of West Central Road. For the purpose of paying a portion of the cost of the Special Services, the issuance of General Obligation Bonds in the amount not to exceed $25,000.00 at an interest rate of not to exceed ten (10%) per cent per annum, and to mature within a period of not to exceed twelve (12) years, will be considered at the hearing. Said bonds, if issued, shall be retired by the levy of a direct tax to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity; said tax to b4e� levied upon all taxable property within the proposed Special Service Area based upon assessed values as established pursuant to the Revenue Act of 1939. The remaining portion of the cost of said Special Services is to be paid from the Village's allotment of Motor Fuel Tax Funds, All interested persons affected by the formation of the Mount Prospect Special Service Area No. 3 will be given an opportunity to be heard regarding the formation of and the boundaries undaries of the Special Service Area and the issuance of such General obli- gation Bonds and the levy of taxes to pay the principal and interest thereof, and may object to the formation of the Area, the issuance of such bonds, and the levy of taxes affecting said Area. The hearing may be adjourned by the Board to another date without further notice other than a Motion to be entered upon the Minutes fixing the time and place of its adjournment. If aPetition signed by at least 510 of the Electors residing within the Special Service Area and by at least 510 of the owners of record of the land included within the boundaries of the Special Service Area is filed with the Village Clerk within sixty (60) days following the final adjournment of the public hearing objecting to the creation of the Special Service Area, the enlargement thereof, the levy or imposition of a tax or the issuance -.of bonds for the provision of special sery ' ices to the area, or to a proposed in- -crease in the tax rateno such District may be created, enlarged, or tax may be levied or imposed nor the rate increased, or no such bonds may be issued. Dated this day of June, 1981. Carol A. Fields Village Clerk" rip SECTION FIVE: This Ordinance shall be in full force and effect from and a?—t'er its passage, approval and publIcation in accordance with law. PASSED this day o f 1981. AYES: NAYS: ABSENT: APPROVED this day of 1981. VILLAGE CLERK AGE PRESIDENT ORDINANCE NO AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A SPECIAL SERVICE AREA IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COtTNTYr ILLINOIS: SECTION ONE: Authority to Establish Special Seivice Areas. This Board takes notice of its authority to establish a sped al service area pursuant to Article VII, Section 6, paragraph L of the Constitution of the State of Illinois in force July 1, 1971 which provides in pertinent part that: "The General Assembly may not deny or limit the power of home rule units... (2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law far the provision of special services to those areas and for the payment of debt incurred in order to provide those special services," and further pursuant to an Act to provide the manner of levyina or imposing taxes for the provision of special services to are -as within the boundaries of Home Rule Units and Non -Home Rule municipalities and counties as set forth in Sections 1301 through 1311 of Chapter 120 of the Illinois Revised Statutes, 1980. SECTION TWO: Findings. This V-111age Board hereby finds as follows: (A) It is in the best interest of the public that the creation of the area hereinafter described as a special service area for the purposes set forth herein be considered. (B) Said area is a compact and contiguous business area within the Village of Mount Prospect. (C) Said area is zoned for business purposes as a business retail and service district and will benefit specially from the municipal services to be provided, which proposed municipal services are unique and are in addition to municipal services provided by the Village of Mount Prospect as a whole, and it is therefore, in the best interests of the* Village of Mount Prospect that the levy of special taxes against said area for the special services so pro- vided be considered. SECTION TFIREE11- Public Hearing -.,-,Tax Rate - Issuance of Bonds. A public hearing shall be held on`Tuesday the 23rd day of June, 1981 at 8.-00 o'clock p.m. CDT in the second floor Board Room of the Public Safety Building, at 112 E. Northwest Highway, Mount Prospect, Illinois, to consider the creation of Special Service Area No. 4 of the Village of Mount Prospect, in the territory described in the Notice set forth in Section 4 hereof. At the hearing, there will be considered the borrowing of $50,000.00 to be evidenced by General obligation Bonds, the proceeds of which shall be used to pay part of the cost of con- struction and installation (including diagonal parking space and pedestrain walkway designations and driveway alignment) of (P roadway modifications and rehabilitation* street light installation; storm drainage additions; parking lot additions and rehabilitation; installation of turn around and median islands; sidewalk removal and replacement; landscape grading; planting of shrubs and trees; sodding; installation of benches, planters, and other furniture, and such other incidental work deemed necessary to improve Busse Avenue from South Main Street (Route 83) to the intersection of South Wille Street and Northwest Highway (Route 14), and South Wille Street from the intersection of Busse Avenue and Northwest Highway to West Central Road within said Special Service Area as described in the Notice set forth in SectionA hereof. •Said bonds are to be retired over not to exceed a twelve (12) year period, and to bear interest at a rate of not to exceed ten (10%) per cent per annum. Said bonds, if issued, shall be retired by the levy of a direct tax to pay the interest on such bonds as they fall due and to discharge the principal thereof at maturity. Said tax is to be levied upon all taxable property within the proposed Special Service Area and said Tax shall be in addition to all other taxes provided by law and levied upon property within the proposed Special Service Area pursuant to the Revenue Act of 1939, SECTION FOUR: Notice of Hearing. K-otice of Hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Mount Prospect Herald, a newspaper published within the Village of M-Ount "Prospect,. In addition, Notice by mailing shall be given by depositing said Notice in the U. S. mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed Special Service Area. Said Notice shall be mailed not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the Notice shall be sent to the person last listed on the Tax Rolls prior to that year as the owner of said property. The Notice shall be in substantially the following form: VILLAGE OF MOUNT PROSPECT SPECIAL SERVICE AREA NO. 4 NOTICE IS HEREBY GIVEN that on Tuesday the 23rd day of June, 1981, at 8:00 p.m. o'clock CDT, in the second floor Board Room of the Public Safety Building, 112 E. Northwest Highway, Mount Prospect, Illinois, a hearing will be held by the President and Board of Trustees of the Village of Mount Prospect to consider forming a Special Service Area consisting of the following described territory: That part of the West 1/2 of the Northwest 1/4 of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, bounded and described as follows: Commencing at a point being the Northwest corner of Lot 1 in Block 2 in Busse and Wille's Resubdon in Mount Prospect in the Wes, 1/2 of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian; thence East along the North line of said Lot 1 and along i East to the center lini of Wille Street; thence South along the center line of Wille Street a distance of 7.0 feet to a point being the extension West of the North line of Lot 1 extended West inthe McLean Resubdivision in Mount Prospect being a Resubdivision in the West 1/2 of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian; thence East along the said ex- tension and along the North line of Lot 1 to •i which is 96.85 feet East of the Northwest corner of said Lot 1; thence North 7,0 feet to the North line of said Lot 1- 1 thence. East along the North line of said Lot 1,70.06 ffeet- thence South 7.0 feet; thence East 10.16 feet to the East line of said Lot 1; thence South along the East line of said Lot 1 and also South along the East line of Lot 2 in the McLean Resubdivision aforesaid to the Southeast corner of said Lot 2; thence West 20 feet along the South line of said Lot 2 to a point on the West line of a 20 foot public alley also being a point on the East line of Lot 19 in Block 7 in Mount Prospect, being a,subdivision in Section 12, Township 41 North, Range''ll East of the Third Principal Meridian; thence South along the East lines,of Lots 19, 18, 17 and 16 all in Block 7 in Mount Prospect aforesaid, . to a point being the Southeast corner of the aforesaid Lot 16 in Block 7 in Mount Prospect aforesaid; thence continuing South along a line being the West line of Lots 1 and 2 in Mount Prospect Central District Subdivision of part of the West 1/2 of Section 12t Township 41 North, Range 11 East of the Third Principal Meridian to a point on the West line of said Lot 2 which is 57.35 feet South of the Northwest corner of said Lot 2; thence East 37.37 feet to a point which is 60.70 feet North of the most Southerly line of said Lot 2; thence South 60.70 feet along a line to a point on the South line of said Lot 2 which is 121.0 feet West of the Southeast corner of said Lot 2; thence East along the South line of said Lot 21 121.0 feet to the Southeast corner of said Lot 2; thence South along the East line of Lot 3 in the Mount Prospect Central District Subdivision aforesaid, said East line of Lot 3 being also the West line of Main Street; thence continuing South along the West line of Main Street aforesaid across Busse Avenue to :the Northeast corner of Block 16 in Mount Prospect aforesaid; thence continuing South along the said East line of Block 16 and along the said West line of Main Street to the Southeast corner of Block 16 aforesaid, said point being the intersection with the West line of Main Street and the Northeasterly line of Northwest Highway; thence Northwesterly along the Northeasterly line of Northwest Highway and along its extension Northwesterly to the point of intersection with the center line of Wille Street extended South to the Northeasterly line of said Northwest Highway; thence North along the said extension of the center line of Wille Street and North along the center line of Wille Street to the intersection with the South line of Lot 1 extended East in Block 2 in Busse and Wille's Resubdivision in Mount Prospect in the West 1/2 of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian; thence West along the said extension and along the said South line of said Lot 1 to the Southwest corner of said Lot 1; thence North along the West line of said Lot 1 to theplace of beginning being the Northwest corner of said Lot 1 all in Cook County, I17inois. The streets -to be improved within said described area are: Busse Avenue - from South Main Street (Rount 83) West to the intersection of South Wille Street andNorthwest Highway (Route 14) South Wille Street - from the intersection of Busse Avenue and Northwest Highway, North to West Central Road. -3- Such area is bounded by business establishments on both sides of Busse Avenue and of South Wille Street. An accurate map of the said area is on file in the office of the Village Clerk and is available for public inspection. The purpose of the formation of the Mount Prospect Special Service Area No. 4 in general is to provide special municipal services to the area, including, but not limited to, municipal services con- sisting of the following: On Busse Avenue The widening of the street to accommodate more efficient layout of parking spaces and widening of the same to 9 feet, and to increase the width of the maneuvering lanes, together with resurfacing of the street and installation of new curb and gutter; the widening of the sidewalk to an additional width of 5 feet on the, North side of the street and of 3 feet on the South side thereof, together with reconstruction of the sidewalk in brick or simulated brick pavement; installation of storm drainage additions; installation of street lighting fixtures; rehabilitation of existing area parking lots; landscape grading and sodding and planting of shrubs and trees; installation of benches, planters and other furniture on sidewalk areas; and installation of pedestrian crosswalk areas, On South Wille Street The modification of the existing street to accom- modate diagonal parking; and the redesign and channeling of traffic movements to provde for one-way traffic flow along said street from Northwest Highway to a point approximately 300 feet South of West Central Road; removal and replacement of median island at Northwest Highway intersection to accommodate one-way traffic flow and installation of turn around island in Northerly part of street to accommodate service and municipal vehicles; installation of street lighting fixtures; Parking lot additions and rehabilitation; landscape grading and sodding and planting of shrubs and trees; and installation of predestrian crosswalk area. For the purpose of paying a portion of the cost of the Special Services, the issuance of General obligation Bonds in an amount not to exceed $50,000.00 at an interest rate of not to exceed ten (10%) per cent per annum and to mature within a period of not to exceed twelve (12) years, will be considered at the hearing. Said bonds, if issued, shall be retired by the levy of a direct tax to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity; said tax to be levied upon all taxable property within the proposed Special Service Area based• upon assessed values as established pursuant to the Revenue Act of 1939. The remag portion of the cost of said Special Services is to be paid from the Village's allotment of Motor Fuel Tax Funds, All interested persons affected by the formation of the Mount Prospect, Special Service Area No. 4 will be given an opportunity to be heard regarding the fOrMation of and the boundaries of the Special Service, Area and the issuance of such General Obli- gat,ion Bonds and the levy of taxes to pay the principal and interest thereof,, and may object to the formation of the Area,, the issuance of such bonds,, and the levy of taxes affecting said Area., The hearing may be ad'o u rn ed by the Board to another date 3 , wll.thout further no,ti,ce other than a Motion to be entered upon the Minutes fixing the tine and place of its adjournment. if a Petltio,n signed, by at least 5196 cf the Electors residing Jth*n thei Special Service Area and by at least 51% of wl I the owners of record of the land, included within the boundaries of the Special Siervi,ce Area I's filed with, the Village Clerk within S ixty (60) days following the, final adjournment of the public b,3ecting to the creation of 'Lhe� Special Service Area, the enlargement, thereof, the levy or 'imposition of a tax or ff the 3'-ssuan,ce of bonds f'oir the provision of special services to the areaor to a Proposed JLncrease in the tax rate, no such. District, may, be created,_enlarged, or tax may be levied or imposed or th,je rate increazed, or no, such bonds may be issued. Dated this day of June, 1981, Carol A. Fields Village Clerk" SECTION FIVE.- This Ordinance shall be in full force and effect rom and'after its passager approval and publication in accordance with law. PASSED this day of 1981. AYES: NAYS: ABSENT: APPROVED this day of 1981. VILLAGE CLERK -5- VILLAGE PRESIDENT f� Y MINUTES LEGISLATIVE/JUDICIAR MAY 21, 1' Chairman Arthur called the meetil These :in attendance were Trusts and Assistant Village Manager Ge. OLICITORS ORDINANCE The Committee reviewed the March prepared by attorney ', �rb Baran draft. Mr. Geick recorhmended tt, be ,brought before the:age this ordinance did not er comp x ecessar 'tC bring the `illa.gec,a, date. Mr. Geick was directed to work w prepare a single comprehensive or ,of the -%4 * or changes ec'ess4r ' o n c ccs fQ' r ance with recent cour statutes. "LEGISLATIVE UPDATE r. Geickpresented the Committee legislation pending in r ngflel' were discussed are HB 1469 State Mandate Act ; Exempts any bill r tate,relmbursemen Mandates Act. Action: Set over B- 631 - Real Estate Transfj Action : In Interai l I HB 1842 - Local Qovernment Ai ets u i sands auditing for, munlcj ct op .- P ssed. a xnn n,nm R�............„ _ ............ 1 CCITTEE 1,9 to order at 8,-.00 p.m. ,es Farley and Wattenberg 1 cpl i'Lln leiter wr ay '1 qn e -,e,,, 'di ine r�, .......... ” 1 S'I cage soli eup :dersen and Haupt to Rcee that will cover all rg our Soliciting Cade es and new State an update of important r ne pal bills that 1 Pensions - g pensions from er the State ring calendar. x °A bushed. dy. :fig Standards - Eor accounting H' _zes.. A, ,es �et i*ng of May 7, 1981 Liller , Assistant Viillage tor of Public Works - fector of Publj"Lc Works C - ArltIngton,'ReIghts Durlacher- Moun't 'Prospect mmittee Meeting to order SE DETENTION BASIN Herbert Weeks, opened the t by updating the Comm3ittee h the M.S.D. concern 3Ln g t he the 70 acres. The M.S.D. se on the west 35 acres, will consider a lease agree - acres * the near future. in e *the name of the Villagein Will be the VIillage's aatiing its uses. Some of se are as follows: W 0 Lt .es except civic groups .ictures. ares must have M. S.D. approval. $16,000 in the current �,'a'sdin entrance and. for =developed 35 acres,,,. He3Lght,s':and,, 'Moun't ky;e agreed upon po's,"sIble ) improvement will be I parking lot improvements. -.on Heights Park District tumber of retentleon/deten- ecreat3iLonal purposes, but &emendous maintenance :s is presently in need ff/ I )mmitt6't- -Meeting of May 7, 1981 of additional soccer community would be_iI plateau areas for so( in maii n inn them. approximately 120'x7l dictated the use of I rather than bottoms problem of wet grounc after the basin has I delays in schedul:L*ng Steve Durlacher of t stated they are in ne soccer Fields as well the two park district this property to meet requested the two pax respective boards and coordinating part 1cip property into a recce further requested the o days with their ne tion of a master plan M.S.D. fear their apppr Chairman Farley f urtb and Mr. Durlachervis themselves with curre CABLE TV Assistant Village Isar proposed enabling and which time various as , uer, len c for pussl stated he vas leu rative agencsimiI P�Ublic,, cou, 1 ve, mems; iVe DrOqr,.!t=iAnirl Ultimate. ddcIsIon,s, ma appropriate accountab citizenry of the V11 under discussion by b Northwest Municipal C Chairman Farley reque be placed on the May to begin formal consie LAKE MICHIGAN WATER Herb weeks stated the other than the attach from, the: Village M .na Page 2 0.ields . He indicated his 10 :erected in using the ra 11sed .er fields and would assist These fields need to be and past experience has .gher areas for these fields basins . This Al s due to the w of or long periods of time .f led with water, thus causing hvent s on the fields. Mount Prospect Park District A of additional space for as baseball areas. He feels could coordinate the use of both needs. Chairman Farley ds tricts meet with their develop needs and methods of tion in developing theM.S.D. tional park ffacilf.t He k. get basto rWeeks within ds specified to e itrepara- so i t` can be submitted to the val and construction begins. r suggested that Mr. Capulli t the area to familiarize t land use. ger, Ed Geick,discussed the nance` with the Committee at ects of the ordinance were Vie' changes., Cha.irman Farley toward a cooperative admina- r ,tom, that of "denture so the i .. Ohl input into ,ad finis tra.- ;fit is l cons iderat ions , with, elected officials so that lity is reserved for the; entire: e. This utter is currently Cable TAT Committee of the cif er enc e . ped that the enabling ordinance , 1981 Village Board Agenda Bra.tion of the document )ATE, was nothing new to report I memo dated May 1, 1981, ,r, a1tte -..eet:Lng of May 7, 1981 EXPLANATION,SIF RECAP] ADJOURNHENT The meeting was adjoi Page 3 ORDINANCE hat when he took over cha it - rks C ittee, this matter ps. Mr. Weeks informed the gee has a recapture agreement ,I code and that the V3*-llage utstand:iLng ut3L I 31L z 3Lng th2LS er ma 0 that was installed 3-n installed on L3* -M- eman Road, ed on School and Elm Street each case, a recapture fee sts and a charge of so much age has been used with little artles connecting to them. ,tee Miller f elt that the uately served residents of ,he Committee's feelings sari` or desirable to the 1.me. If the V3Llla. ge Board requested that this charge .mac Works Committee. ,.d at 9.-00 P.M.* i I I a g f M o u n t r o s p punt Prospect, 111inois INTEROFFICE MEMORANDUM TO MEMBERS OF PUBLIC W010 FROM: VILLAGE MANAGER DATE: MAY 19 1981 SUBJECT: LAKE WATER ACQUISITIOZ Ict ...... .... COMIITTEE REPORT UPDATE X I submit to the Committee a written update regarding water. Frankly, since :ommittee meeting and report i -pl red that would add or decisions of the Mayor and Lured and submitted to each .. Agency agreements that irocedures to follow in case default on its payments or In the f irst matter of 3 - .hat community's membership rote until it cures its A -awal, the withdrawing a sum sufficient to pay .he Agency occasioned by ; amount shall be made prior tsenting to withdraw. Both lent were recommended by the of America and the Tollway ,ranting our aerial survey to enter their property and $I%%. Engineering Committee, of wl &Lie En 3- 3 - completed the negotiations to r occasioned by the term nation in ation o The Engineering Committee met 0 the methods of apportioning eng elements of the project. After Awe are reducing the contract wig $178,000. We have also establil recommended to the Executive Ca future reductions and/or additi Engineering Committee is prepay for eventual staffing of the Ag I am convinced the proji ect, s M have found no blockages that ca TERRAN TLB/rcw c: Mayor Carolyn H. Krause 2. a rd of Trustees 7 It ...... . ...... . ... . ...... 0 ich e duc f Bu ri two inee, loo th M shed M ' t mIt ons. 10, ing ency. Ovi'n, a, =',,an e d, at, th s time ORDINANCE NO. 3120 AN ORDINWE AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF MOUNT PROSPECT TO ADD THERETO A NEW CHAPTER 6 ENTITLED "CABLE COMMUNICATIONS CODE" PERTAINING TO THE FRANCHISE AND OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE VILLAGE OF MOUNT PROSPECT ILLINOIS WHEREAS, the Village of Mount Prospect has participated in many studies relative to entering into a franchise agreement for the purpose of providing a cable television service within the Village; and WHEREAS, the Village of Mount Prospect has conducted hearings in an effort to ascertain the needs and desires of the residents of the Village, as well as the various agencies that could benefit from such a cable television system; and WHEREAS, the President and the Board of Trustees of the Village of Mount Prospect have determined that such a cable television system would be a benefit to the community, NOWF THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Pursuant to the authority vested in the President and Board of Trustees of the Village of Mount Prospect under Article VII of the 1970 Constitution of the State of Illinois, the Municipal Code of the Village of Mount Prospect of 1957, as amended, be and the same is hereby further amended by deleting the word "Reserved" from said Chapter 6 and stbs:t,2*.,,tut--inq therefor a new Chapter to be entitled "CABLE COMMUNICATIONS CODE" and to read as follows: CHAPTER 6 ARTICLE I ARTICLE I: CABLE COMMUNICATIONS CODE SECTION 6.101 SHORT TITLE. This Chapter shall be known as the Village—&–f—Mo-1 int Prospect Cable Communications Chapter. SECTION 6.102 PURPOSES. The purpose of this Chapter is to: A. Provide for i -he 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 consideratioi-i to the Village of Mount Prospect for the use of Village streets and other public ways in the construction and operation of cable tel systems, and to compensate the Village of Mount Prospect for costs associa,ted therewith; and C. Provide for the regulation by the Village of Mount Prospect of t',he rates and fees to be charged by Grantees u-n.der this Chap ter and D. Pi-ovide for t] -le development of cable television as a me%ans to improve communication between and among the c.1tizens and I)u,bliQ institutions of the Village of sunt Prospect, and I E. Provide remedies and prescribe penalties for violation of this Chapter -and the franchises granted hereunder. Sol . ..... ... . slims "11 SECTION 6.201. DEFINITIONS. For thfa; purpose of this Cffa—pter, 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. Th,a word "shall" is always mandatory and not merely directory. A. "Agency" means the person, depar,,--ment or agency designated by the Village of Mount Prospect to act in matters related to cable television or iii the ab:."-)ence of such designation, the President and Bc)ard of 'Trustees of the Village of Mount Prospect. B. "Auxiliary Services" means any cc+mmunication service in addition to "regular subscriber services" including, but not limited to services for TArhich a per program or per channel charge is made, pay 17, burglar alarm services, data or other electronic transmis,sion services, facsimile reproduction services, meter read-.Lng services, home shopping services, interactive two-way services and any other service utilizing C-iny facilit3T or equipment of a cable television system opei-ating purs-Liant to a franchise granted under this Chaj?ter. C. "Board" means the President and 13oard of Trustees of the Village of Mount Prospect. D. "Cable Television System" (or CXFV system) mE.ans any non -broadcast facility consistiiig of a set of' transmission paths and associated signal genE:ration, reception, and control equipment, that distribi-ites or is designed to distribute to subscribers audio, video and other forms of electronic or electrical sign,als, 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. E. "Channel" is a band of frequencies, six megahertz wide in the electro -magnetic spectrum capable of carrying either one video signal and a fev7 non -video sigrtals, or a large number of nonvideo signals. F. "Converter" means an electronic device provided L)y a Grantee which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate cl,iannel selector also permits a subscriber to view all siknals delivered at designated dial locations. 6w 201' CABLE COMMUNICATIONS 6.201 G. "Depreciated Replacement Value" means an amount to be determined which represents the cost to duplicate or replace or reconstruct all the tangible assets, 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, compared to the estimated useful life of such tangible assets. 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" C" 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 V2.11a,ge of Mount Prospect, and is not intended, to Include, any license or permit required for, the privilege of ter 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 Chapter. 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 Chapter and its lawful successor, transferee or assignee. M. ''Gross Revenues" means all revenue, derived directly or indirectly, excluding interest'income., by the Grantee, its affiliates, subsidiaries, parents, and any person in which the Grantee has a financial interest, from the operation or use of all or part of a Cable Television System franchised pursuant to this Chapter, including fi 6.201 CABLE COMMUNICATIONS 6.201 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 unit and collected by the Grantee on behalf of said governmental unit. N. "Persons" means any people, firms, corporations, associations or other legally recognized entities. 0. "Public Way" means 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,. "Schools" means all public, and private, elementary and secondary schools, junior colleges, colleges and universities which have been granted a certificate of recognition by the Illinois State Board of Education, pursuant to Section 2-3.25 of the Illinois School Code. R. "Subscriber" means any person who receives the regular subscriber service and/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). lip 6.201 CABLE COMMUNICATIONS 6.201 "" STwo-way Service . 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 whateve'r.', by pushbutton code, dial code, meter, voice, video including, but not 1i ' mited to,, audio and video, electrical or mechanically produced signal, display and/or interrogation. 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 ity. capacl ARTICLE III: GRANT OF AUTHORITY SECTION 6.301 RE9,gIREMENT OF A FRANCHISE,,. No person, firm, company, corporat _- assoc,"Lation s construct, install, maintain or operate a, cabl,e televisi*,,ion system within the 4 'Village of' Mount Prospect,, or within any other public property of the Vi,ll,age of Motint Prospe,cit, unless a franchise has first, been, obtained, pursuant to the provisions of this Chapter, and un,les8 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 6.302 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 well be granted to the applicant (s} which in the Board's judgement may best serve the public interest; provided, however, no provision of this Chapter 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. Ap, pl,icanlons 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 ex, enses incurred in the franchising ,P 0 and evaluation procedures, including, but not limited to, staff time and consulting assistance. C. An 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 the Grantee files the written instrument specified in Section 6.709 an amount determined by the Board to be used to offset all direct, reasonable expenses actually # 'Prospect in, granting incurred 'by -the Village of Mount the franchlsee which. are not defrayed by fees forthcoming from, the provisions of Paragraph B of this Section. SECTION 6.401 "FRANCHISE TERM AND NON -EXCLUSIVITY. The term oT an original ranEh-ii—se -s be'"'-'n'o more than-TIf teen (15) years from the date the franchise is accepted by the Grantee The term of a renewed franchise shall be no more than fiftee (15) years. No franchise granted pursuant to this Chapter shall give any exclusive right to a Grantee and every such franchise shall be deemed to reserve the right to grant other 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 6.402 NOTICE TO THE GRANTEE. Except as provided in Section 6.4-01--- Chapter 6 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 6.403 FRANCHISE REVIEW AND MODIFICATION. It shall tRii policy of the—Village of "I'll Mo—unt Prospect to amend 8L 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 Mount Prospect to make any amendment. Further, within the term of the franchise, the Village of Mount Prospect may after notice and hearing as required in Section 6.402, 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 Chapter or a franchise granted hereunder which would alter the provisions of Sections 6.405D or 6-406E during during the term of any franchise granted hereunder. 6.404 CABLE COMMUNICATIONS SECTION 6.404 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 6.402 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 Section 6.402 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'clockp.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 poes and Grantee Ali, 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. 6.404 CABLE COIvZIUNICATIONS 6.405 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 which 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, limi-ted, to req,ulring 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 evidence require that tests be performed to protect the public against substandard cable service. SECTION 6.405 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 reiview the Granteels performance during the term of 'its franchise, t�o consider the adequacy of the franchise from the standpoint of the Village of Mount Prospect, the Grantee, and the Federal Communications Commission Rules ' for Cable Television, and to determine the advisability of renewing the Grantee's franchise. CABLE COMMU14ICATIONS 6.405, 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, theVillage 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 Grantee did reasonably comply with the terms and conXisitions imposed by this Chapter and th R Notice •of such meeting shabe e ll givn in accordance with Section 6.402 and Section 6.404C above.1 C. If the Village of Mount Prospect determines that the Grantee has been in reasonable compliance with the terms and conditions imposed by this Chapter 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 Chapter 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 6.408, 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. 6.406 CABLE COMMUNICATIONS 6.406 SECTION 6.406 FRANCHISE REVOCATION PROCEDURE 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 Chapter 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 Chapter, 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 6.402 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, to the extent then permitted by existing law, have the options to: Acquire, at the lesser of depreciated replacement value, or fair market value, excluding any value attributable to good will, all the assets of the Grantee's operations within the Village of Mount Prospect; or to require the sale, at the lesser of depreciated replacement value, or the fair market value, excluding any value attributable to good will, of all such assets of the Grantee's operations within the Village of Mount Prospect to a successor Grantee or to require the removal of all such assets from the Village of Mount Prospect. Unless some later date is agreed to by the Grantee and except as provided in Section 6.408 of this Article, such option must be exercised within one (1) year from the CABLE COMMUNICATIONS 61 date of the revocation of the franchise, or the entry of the final judgement by a court revie"Wing the question of the Village of Mount Prospect's revocation, or the entry of a final order upon appeal of same, whichever is later. E. The termination of a Grantee's rights under a franchise shall in no way affect any of rights the Village of Mount Prospect may have under the franchise or under any provision of law or ordinance. SECTION 6.407 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 Section 6.402, notice to the Grantee under this Section may be less than thrity (30) days. Provided further, the Village of Mount Prospect may seek appropriate judicial or other relief and/or may proceed to exercise its rights and powers as provided for herein. A 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 tne parties in such mannter as the arbitrators provide 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 shall 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 Chapter, the Village shall, within ninety (90) days following notice to it of the decision of the 6.4 08 CABLE COMMUNICATIONS 6.410 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 6.409 TRANSFER OF OWNERSHIP TO GRANTOR. In those circumstances wherein 1,e VJ-'11,age 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 calculated 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, 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. a CABLE COMMUNICATIONS 6.411, ,property of the system. The Grantee shall at all times operate the system in accordance with terms of this Chapter and the terms of the franchise as if the franchise had not expired or had not been revoked. In the event the Grantee falls 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 the appointment of a receiver or to operate the system itself as a trustee in accordance with the terms of this Chapter 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. 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 is 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 6.411 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 ® Mount Prospect, 6.411 CABLE COMMUNICATIONS 6.412 B., The Grantee shall file with the Village of Mount Prospect, within thirty (30) days after the expiration of each of the Grantee's fiscal quarters, a statement clearly showing the gross revenues received by Grantee during the preceding quarter. The Grantee shall also file, within one hundred twenty (120) days following the conclusion 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 Section 6.502, 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 Chapter. Any additional amount due the AIF 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 which 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 precedinyear is increased thereby b gy more than five percent (5%), otherwise, such costs shall be borne by the Village of Mount Prospect. 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 date 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 revoked or expires, the Grantee shall file with the Village of Mount Prospect, within thirty (30) days of such revocation or expiration, a 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 6.412 LIABILITY AND INDEMNIFICATION A. The Grantee shall save and hold the Village of Mount Prospect, its corporate authorities, officers, boards, CABLE COMMUNICATIONS 6.412 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 proh.-1-bited by this Chapter of the Grantee's franchise. These damages shall include but not be limited to penalties arising out of copyright infr-1-ngements 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 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 11claim" described in this Section. Further, the Grantor shall cooperate with Grantee and assist 31-n the 31.nviest1-gation Q f any "claim" and settle any "claim, " end the rlight to enforce any right ofcontrIbution or idemnib y against any third part,y who may be liable to Grantor or Grantee becau,se of any occurrence g11-ving rise to a 11claiM." B. The Grantee shall pay and by its acceptance of a franchise shall be deemed to have specifically agreed that it will payall 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 throLighout the term of such franchise,) comprehensive general liability insurance insuring the vi of Mount Prospect and the Grantee with regard to all claims mentioned in Subsection A above in the minimum amounts of: 6.412, CABLE COMMUNICATIONS 6.412 Five Million Dollars ($5,000,000) for bodily injury or death to any one person, within the limit, however, of Ten Million Dollars ($10,000,0 o) 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 occurrenc&. (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 #f this Section. D. The Grantee shall maintain at its own expense and by its acceptance of a franchise shall be deemed to have *fically agreed that it will maintain throughout specl- 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, with 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 pe: cent (90%) of the occupied dwelling units within the Primary Service Area, as described in Section 6.602, the amount of the bond or letter of credit shall be reduced to the amount specified in the franchise, or no amount is specified therein, then to the sum of Fifty Thousand Dollars ($50,0 00). Said bonds or lettel of credit shall be conditioned that the Grantee shall well and truly observe, fulfill, and perform each term and condition of this Chapter 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 rn CABLE' COMMUNICATIONS 6.412 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 Chapter 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 lelount Prospect as a result Of Gran,tee's failure to corii,ply with the obligations imposed by this C , 11, apter and, the franchise including but not limited, to, attorneys" fees and costs if any' action or proceeding, the cost of refranchising, and the Cost of remova,l or aba:zidonment of any property, or other costs which may be in de,fault, which costs shall be conclusively presumed to amount to a sum equal to at least the penal sum of sucond. 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 Chapter and other applicable law. E. In addition to the requirements of Paragraph D iabove, the Grantee shall maintan 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 l® ($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 Section 6.712 of this Chapter 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. 6.412 CABLE COMMUNICATIONS 6.413 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 Chapter 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 s " hall affect any other right the Village of Mount Prospect may have. 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 provide that no such cancellation, termination or expiration shall 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 w Vi ith the llage Manager at least sixty (60) days prior I I to the date of such expiration. G. If the Grantee proposes to secure a new insurance policy, bond or letter of credit instead of renewing an existing policy, bond or letter of credit, the Grantee shall, at least thirty (30) days prior 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 date 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, on 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 6.413 TRANSFER OF FRANCHISE A. A franchise granted under this Chapter shall be a privilege to be herld 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 whole or in part, by I A. voluntary sale, merger, sale and leaseback, consoll-da'tion or otherwise or by forced or involuntary sale, without prior consent of the Village of Mount Prospect expressed 6. -3 CABLE COMMUNICATIONS 6.4130, by resolution and then on only such condons as may therein be prescribed. Any sale, transfer or assignment not made according to the procedures set forth in this Chapter shall render the franchise v 'd. The sale, # ol transfer or assignment in bulk of the major part of the tangible assets of the Grantee shall be considered an assignment and shall be subject to the provisions of this 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 I an executed copy of which shall be filed 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 Chapter and the franchise and reasonably amendments thereto, and must at a minimum, satisfy the legal, financial, technical and character qualifications required by Section 6.302 of this Chapter. 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, f who owned or controlled twenty (201) 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 Chapter and the franchise. ARTICLE V: SUBSCRIBER AND USER FEES AND RECORDS SECTION 6.501 SUBSCRIBER AND USER FEES A. By accepting a franchise granted pursuant to the terms anAd conditions imposed by this Chapter, the Grantee agrees that the Village of Mount Prospect shall have thA 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 w ith a schedule of fees for all services offered as established by the Grantee. Changes in the fee schedule AMA' 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 retur*. 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. W. Notwithstanding the foregoing provisions, and, except in the case of extraordinary circumstances as approved by thA Village of Mount Prospect, the Grantee shall increas . e the fees for services propose i not d in the franchise application above the rates specified in said applicatio for a period of thirty-six (36) months from the time service is provided to the first subscriber pursuant to thle 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 i imposed on, subs cr iber Ist, and for any additional copyright fees that may "be, imposed as a result of legislative or *udici'al acti J ion 6. J_ CABLE COMMUNICATIONS 6.501 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 "dering the plan submitted by the Grantee, the consi 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. Nothwit hstandin g 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 . i . ded in Section 6402hold public hearings to prov consider the necessity of regulating the subscriber rates charged by the Grantee, and may following such hearings establish procedures for the review of subscriber and user rates and may order adjustments to such rates in accordance with the provisions of this Section ided, however, that this Section shall not permit provi 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 mayat its own discretionnon-discriminatory , , manner, waive, reduce or suspend connection fees or monthly service fees for promotional purposes. H. Except as may be other i idedfranchise, a wise provi 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 w Ith 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 0 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. 41 6.501 CABLE COMMUNICATIONS 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 (1) 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 wa-thi'n thirty (30) days row he da,te of sere ,J*.ce. to increases shall not be effective with respect to any subscriber until after the expiration of any period for is advance payment has been, accepted by the Grantee. SECTION 6.502 BOOKS AND RECORDS A. A Grantee shall, (1) within thirty (3 0) days following the acceptance of a franchise, and (2) at least yearly thereafter, and (3) within thirty (3 0) days of the change of ownership of three percent (3%) or more of any class or serie,s of the outstanding, voting stock or equivalent ownership interest of a Grantee, furnish the Village of Mount Prospect a 11st, 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,, tolgether with a roster of the Grantee's officers and directors (or equivalent managerial personnel) and their addresses. B. A Grantee shall maintain books and records of its operations within the Village of Mount Prospect to show the following 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 0 interest and overhead, if any. 4. Depreciation (straight line) expense, by category. C. A grantee shall maintain such books and records for the Franchise Area specified in the franchise separately from any other opera%' --ions; 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. 6.ju2 CABLE COMMUNICATIONS 6.502' 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 0 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 processi,ng 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. D N SYSTL7N OPERATIONS S9CTION 6.601 FRANCHISE AREAS A. Every application shall designate a proposed Primary Service Area (PSA) and a proposed schedule for making service available throughout the b & The boundaries approval by the Village of Mount b Prospect,of the Primary Service Area shall be subject to and shall be incorporated into the franchise granted pursuant to . Chapter. If no PSA is specifically delineated bin a franchise,, the PSA shall be considered to be coterminous with the Franchise Area. If no schedule iS N , service shall be made available throughout entirethe effective date o --:'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 6.602 EXTENSION OF SERVICE. Following completion of construction within the PSA, eac Grantee shall extend its CATV System and make CATV Service available beyond the PSA as follows.- A. ollows: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 trunk or feeder 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 6.603 INDIVIDUAL SERVICE DROPS A.. Grantee shall extend and make cable television service available to any isolated subscriber within or without CABLE COMMUNICATIONS 6.604 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 6.601 or 6.602 of this Article, to the subscriber's connection. B. With respect to requests for connection requiring an aerial or buried drop line 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 6.604 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 applicable 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 referencl 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 Chapter to 'incorporate similar standards and every franchise granted pursuant to this Chapter 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: I 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,wh,ich prevents or inhibits the use of such equipment for a substantial portion of time for public access programming. 6.604 CABLE COMMUNICATIONS 6.604 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 Chapter. 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 lilability of access, free of charge. Charges ava 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 gin, 1. 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 permizting public inspection of a complete record of the names and addresses of all persons or groups requesting access tJ J.-ine. Such a record shall be retained for a period of two years. 4. The education access channel(s) shall be made a *1able for the use of schools free of charge. val The Grantee sha,11 adopt operating, rules, for the educa,ti"_on a,ccess channel(s), to be, f3iledwiith t a.he V'lla ge of Mount Prospect prior, to activati'an of the channei(s), designed to prohibit the presentation Of: any advertising mater2l_al des,igned to promote the sale of commercial products or s° ices (including v adertising by or on behalf of candidates for p 'blic offIce); lottery info rma t ion; programming u, 1, in, violati'on of any fedexal, statte, or locaj la1w. 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. CABLE COMMUNICATIONS 6.601 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 0 1ih requiring non-discri-mnatory i access, sponsors ip i 'dentif'cation, specifyi I ing an appropriate rate schedule and permitting public inspection of a complete record of the names and addresses of all persons or groups requesting time. Such a record shall tained until the earliest scheduled performance evaluation session described in Section 6.404 of this Chapter 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 des• ignated in the franchise agreement; Drovided, 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 eitherof paying Grantee's direct costs for such extension in excess of three hundred (300) fee, or of releasing Grantee from the oblit •caion 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 We w'r' 0 Insi i ing, or a service outlet requiring more than three hundred (300) feet of drop cable; provided, however, that the Grantee shall not charge for the 1 0 provision of regular subscriber service to the additional service outlets once installed. D. The Grantee shall not permit the transmission of any i programming in violation of any federal, state or local law. Grantee shall inform each subscriber of the ilability of a device capable of locking out any aval 1 programming video and audio signals and shall provide such a device for each outlet to any subscriber upon request at no additional charge. 6.605 CABLE COMMUNICATIONS 6.605 wy 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 C, ode. The cable television system and all its parts sha'1111 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 such laws and regulations and the safety of its system as installed. B. Grantee shall maintain an office, within the Village of Mount Prospect unless otherwise stated in the franchise, which shall be open and accessible to the public with adequate telephone service during normal business hours. Grantee shall employ 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, 6.606 CABLE COMMUNICATIONS 6.606 SECTION 6.606 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 tests shall be conducted by the Grantee to demonstrate full compliance with the Technical Standards applicable pursuant to Paragraph A of Section 6.604, and Paragraph C of Section 6.605 of this Chapter. 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. any time after commencement of service to subscribers, the Village of Mount Prospect may require additional reasonable tests, including full or partial repeat tests, different test 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; provided, 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 necessary or desirable to assist in the administration of this, or any other Section of this Chapter. 60607 CABLE COMMUNICATIONS 6.607 SECTION 6.607 SERVICEy ADJUSTMENT AND COMPLAINT PROCEDURE A. Grantee shall fill all requests 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 Section 6.604 of this Chapter 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 installedwritten 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 falls 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 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. 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 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 Section 6.404 of this Chapter 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, begi•nning twelve (12) months after service is prov•ided to the first subscriber. E. In the event a subscriber does not obtain a satisfactory response or resolution to hi's request for service or an ad ustment with' i in a reasonable period of time, he may 6.uo7 CABLE COMMUNICATIONS 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 cablng 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 a legal holiday. SECTION 6.608 STREET OCCUPANCY A. Grantee shall utilize existing poles, conduits and other facilities whenever possible, and shall not construC t or install any new, different, or additional poles, conduits, or other facilities whether on the public way or on przy-owned propertywithin 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 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 A 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 wire -holding structures of the Grantee L -jt agreement therefore with 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 eee Vill'of Mount Prospect shall dt agrmine 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 with the Grantee's operations. 01 CABLE COMMUNICATIONS 6.608 D. All transmission lines, equipment and structures shall 9, be installed and located in compliance with all applicable local ordinances and so as to cause min* imum, interference with the rights and reasonable convenience of property owners who adjoin any public way and at all times shall be ke,pt and maintained in a safe, adequate, and substantial condition, and in good order and repair, consistent w ith the provisions of Paragraph F, of this Section. The Grantee shall at all tii-mes employ reasonable care and shall install and maintain in use commonly accepted methods and devices for preventing failures an -d accidents which are likely to cause damage, injuries, or nuisances to the pubLic. Suitable barricades) fl,a,gs, lights, ares, or other, devices shall be used at such ti,mes and places as are ,01 required by appIlicable ordinances �sand at uch addii-tional times, and places as, are reasonably required for the safety of' a fillmembers of the pub l,11c. Anny poles or oth,,er 'xtures �placed, in any public way by the Grazitee shall be, placed and into`e: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 Prospectwith 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 install,aftons shall 'be underground in those areas of the 'V 111age of Mount Prospe prowl ct when public utilities I'ding boti h, telephone and electric servce are IL 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 serviceaboveground, provided that at such time as those facilities are required to be placed underground "by the Village of Mount Prospect or are placed underground, te Grantee shall likewise place its services underground without additional cost to the Village of Mount Prospect or to the individual subscriber so served .it .i 'the Village of Mount Prospect. Where not otherwise required to be placed underground by this Chapter, the Grantee's system shall be located underground at the request, of the, adjacent property ownerprovided 'that the excess cost over , aerial location shall be borne by the property owner mak3l-ng the request. CABLE COMMUNICATIONS , G. In the event of disturbanceof any public way, private property or improvement on either of them by the Grantee, 0 it shall, at its own expense and in a manner approved by the Village of MountProspect or other appropriate governmental authority and the owner, replace restore such public way, private propertyimprovement in as goodcondition as beforework causing disturbance a done. In the event the Grantee falls to perform such replacement or restoration the Village of Mount roe ct or the owner shall have the right to do so t the sole expense of the Grantee. n o payment to the Villageof MountProspect r owner for such replacement or restoration shall be in writing. H. Whenever, in case of emergency, t becomes necessary i e iudgement of the Village of Mount Prospect t remove or damage any of the Grantee's facilities, no charge shall be made by the Granteeagainst the `ll of Mount Prospect for restoration and repair. I. At the request of any person holding valid uil moving permit issued by the Village of Mount Prospect or other appropriate ov r m l authority and upont least forty-eight hours notice, Grantee shall temporarily raise, lower, or cut its wiresy be necessary to facilitate such move. The direct expense of such temporary changes, clu z y time, all be paid by the permit l r, and Grantee shall have the authority to require y t in advance. " a shall not cut or tri y tree,shrub vegetation o publicpropertywithout first obtainingwritten authorization from the Village. n.y such work done at Grantee's expense shall. be subject to the supervision and direction of the Ville of Mount Prospect. SECTION 6.609 CONSTRUCTION SCHEDULE M REPORTS A. Upon accepting the franchise, Grantee shall, within sixty (60) days, file the documents required to obtain all necessary Federal, - and local licenses, permits and authorizations required for the conduct of its business, and shall submit monthly reports, the hand.Village Manager's Office on progress in this respect until all such documents are in Failure of the constituteGrantee to pursue all necessary steps to secure the aforementioned authorizations with due diligence shall a substantial r of 6.609 CABLE COMMUNICATIONS 6.610 B. Franchise applications all 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 Chapter. C. Within one hundred twenty (1 20) 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. 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 6. 610 PROTECTION OF PRIVACY A. Grantee shall not permit the t'l-ansmission 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 obtal"ned 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 states ent that the subscriber is authorizing the permission iin 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 w ill permit transmission from subscriberis 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. 6 J CABLE COMMUNICATIONS 6.612 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 6.611 OTHER BUSINESS ACTIVITIES A. The Grantee, its subsidiaries and affiliates are specifically prohibited from engaging directly or indirectly, in the sale or leasing of television 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 6.612 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) Iin 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 ?rospect 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 rovIL 'ding for the interconnection of CATV Systems. p 6.612 CABLE COMMUNICATIONS 6.612 D. The Village of Mount Prospect may require a Grantee to "de Local Origination equipment that is compatible prov3- w ith that used by other CATV Systems within the ad'acent I I j areas. E. Grantee shall make every reasonable effort to cooperate Ith cable television franchi0se holders in contiguous 't*es *n order to provide cable service in areas communi- 1 1 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 6.701 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 Chapter 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 conditlon of this Chapter 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 other 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 Chapter without 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 l ithout prior written notice to the Village of agency w Mount Prospect. SECTION 6.702 COMPLIANCE WITH STATE AND FEDERAL LAW. The antee shall --a-t" all times, comply with aws of the State and Federal government and the rules and regulations of any Federal or State administrative agency. SECTION 6.703 SPECIAL LICENSE. Upon such conditions as the Village of Mount Prospect may deem necessary, and notwithstanding the provision of Article III of this Chapter, 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 Chapter shall not authorize nor permit said person to provide a cable Lelev's' 0 i ion service of any nature to any home or place of business within the Village ., 0 . 0 6. 703 CABLE COMMUNICATIONS 6.706 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 6.704 FRANCHISE VALIDITY A. The Grantee agrees, by the acceptance of the franchise, to accept the validity of the terms and conditions of this Chapter and the franchise in their entirety and that it will not, at any time, proceed against the Village of Mount Prospect in any claim or proceeding challenging any term or provision of this Chapter 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 Chapter, 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 6.7105 FAILURE TO ENFORCE FRANCHISE. The Grantee shal-1 not 'be excused from complying i-ql-T—hany of the terms and conditions of this Chapter 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 o to seek Grantee's compliance with any one or more of such terms or conditions. I . ........ . 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: To exercise its governmental powers, now or hereafter, to the full extent that such powers may be vested in or granted to the Village of Mount Prospect. adopt, in addition to the provisions contained herein and in the franchise and in any existing applicable ordinance such addLtional regulations IL It shall find necessary 'in the exercise of 'Its as 1 police power. amend this Chapter or any franchise granted pursuant to thi's Chapter as provided in Section 6.403 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 6.'/Ob CABLE COMMUNICATIONS any amendments or modifications to this Chapter or a franchise granted hereunder which would alter the provisions of Section 6.405(D) or 6.406(E) during the term of any franchise granted hereunder. 4. To renegotiate any franchise granted pursuant to this Chapter should substantial Section(s) of the Chapter or franchise be rendered void by the Federal Communications Commission, or by subsequent changes in applicable Federal or State laws, rendered vd by the Federal Communications Commission, or by subsequent changes in applicable Federal or State laws. SECTION 6.707 EMPLOYMENT REQUIREMENT. The Grantee shall not refuse to hire, nor discharge from -employment, nor discriminate against any person regarding compensation, terms, conditons, 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 condon includes, but is not limited to, the following: recruitment advertising, employment interviews, employment, rates of pay, upgrading, transfer, demotion, lay-off, and termination. SECTION 6.708 TIME ESSENCE OF AGREEMENT/FORCE MAJEUR. 'WYe—never t' is C apter or th—e-7—r—a—n—c-Ti-27--se 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 Chapter and the franchise. Whenever a period of time 'is provided for in this Chapter for either the Village ofMount 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. And, 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' monev due from it to any person, including the Board, for whatever reason, shall not be an act or omission which 3* -S "beyond the Grantee's control." V .709 CABLE COMMUNICATIONS 6.712 SECTION 6.709 ACCEPTANCE. This Chapter and the franchise and their terms and c6-n--ditions shall 114. 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 Chapter and the franchise and accepts all of the terms and conditions imposed by this Chapter and the franchise and agrees to abide by same. SECTION -6.710 PUBLICATION COSTS. The Grantee shall assume the—cost o publication' this Chapter and franchise and such is payable at the time of the Grantee's filing of acceptance as in Section 6.709 herein. SECTIO -N 6.711 RESELLING SERVICE PROHIBITED. No person receiving within the Village any cable se—rvice, •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 6.712 PENALTIES 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 televisI on service without payment to the Grantee for same. B, In addition to recover of any monies owed bv 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 Code 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 Section 6.412, above, the following penalties: I For failure to activate the System in, accordance w ith, �the franchise agreement, unless the, Village I of' Mount Prospect approves thedielay, the penalty shall be Two Hundred Dollar's (�,200) per day for each., day', or part thereof,, such failure occurs, or Contin,ues. 2. For fail.1ure to complete system con.structi,on, in accordance with Gran,tee's franchise, Within the Pri'mary Service Area, unles's 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 fa3*Llure occurs or continues. 6. z CABLE COMMUNICATIONS 6.713 3. For failure to provide data, documents, reports or information or to cooperate with the Village of Mount Prospect during any performance evaluation 4 session provided for in Section 6.404. 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 ide additional services within forty-five (45) provi I days after required by the Village of Mo.unt 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 L" it 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 Chapter 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 Chapter the continuation of which would be injurious to the welfare of the Wents or which would frustrate or defeat the intent resi and purpose of this Chapter. SECTION 6.713 GRANTEE MAY PROMULGATE RULES. Grantee shall have t e authority to proi�u_igate 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 Chapter and rules of the FCC and to assure uninterrupted service to each and all of its 'subscribers. Awa 6.713 CA'BLE C0141MUNI AT WINE, 6.715 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. "ATIOIN OF POWERS. Any right, power or SECTION 6,,71,4 DEL'O'E".01(11 duty, and Board of Trustees of the Village of Mount Prospect, the Village Manager, the Agency, or any off:'Lcial of the Village of Mount Prospect under -this Chapter may 'be transferred or delegated by ordinance'resolution, or other appropriate aCt31 on of the Village of k4ount Prospect to azi appropriate: officer, employee, or department of the Vi'llage, of Mount Prospect, or any legal authority, 1-ncluding any inter gover nai,ental agency created for -the purpose of regulat"I ng the operation and development of the cable television system. SECTION 6.715 SEVERABILITY. If any Section of this Chapter or the franchise ---or any p ortlon th.ereof, Ls held 1_nvalid 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. TWO: Art1cle vill'i of Chapter 11 of the said Municipal Code ofVillage o�f Mount Prospect is hereby amended by deleting therefrom the wording "Co=,Unity Antenna Television Systems - Reserved" and, by substitutin,g therefor the wording "Article Reserved". SECTION THREE.- This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. PASSED this 2m day of June r 1981. AYES: Arthur, Farley, Floros, Miller, Wattenberg NAYS: None ABSENT: Murauskis APPROVED this 2 day of June -1 19810 'VILLAGE PRESIDENT V 11 1 11 L L A G -(ff T ORDINANCE NO* AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A GENERAL OBLIGATION NOTE OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTYr 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 pu'rpose 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 al WHEREAS, it is necessary for the Village of Mount Prospect to issue 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, whi'ch 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 THEREFOREr BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECTr COOK COUNTY, ILLINOIS, AS FOLLOWS: 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 - r 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 %) 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 .registration no transfer 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 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): UNITED STATES OF AMERICA STATE OF ILLINOIS, COUNTY OF COOK VILLAGE OF MOUNT PROSPECT GENERAL OBLIGATION LIBRARY'FUND NOTE Number 1 $200,000.00 KNOW ALL MEN BY -THESE PRESENTS, that the Village of Mount Prospect, Cook Countyr Illinois, hereby acknowledges itself to owe and for value received hereby promises to pay to bearer, or if this note 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 ofper 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. Both 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, both 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 Village of Mount Prospect are hereby irrevocably pledged. This note 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 Board of 'Trustees of the Village of Mount Pr I ospect on the day of 1 1981. This note is subject to registration as to principal in the name of the owner on the registry books of the Village Treasurer such -3- 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 hereby certified and recited that all acts, conditions ana 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 .. 0 Village Clerk, Village of Mount Prospect, Cook County, Illinois 1 1981. ME Village of Mount Prospect, Cook County, Illinois [SEAL] (FORM OF COUPON) Number 1 $ On the first day of May, 1982, the Village of Mount Prospect, Cook County, Illinois promises to p' I ay to bearer Dollars ($ ) in lawful money of theUnited'states of America at the V2.11age of 'Mount Prospect, for interest due that day on its General Obligation Library Fund Note, dated . 1 1981, Number 1. Village Clerk,, Village of Mount Prospect, Cook County, Illinois, (FORM OF REGISTRATION) DATE OF SIGNATURE OF REGISTRATION NAME OF REGISTERED OWNER VILLAGE TREASURER SECTION FOUR,- 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 theextensionand 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 am 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 as may 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 - r 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 OFFICIAL BID FORM VILLAGE OF 'h'IOUNT PROSPECT � June 2, 19 81. 100 South Emerson Street Mount Prospect, IL 600 P .� 5G . Ladies and Gentlemen: �m For your $200,OOD Village of Mount Prospect p Il ino7 s General lbl igat]on*, Note' { `� described in the annexed official No , ti ce of Sale, which is expressly made a part hereof, we will pay you $20D,DU0,1 us accrued rued i merest from June 1-w 1981 to the date of delivery. The.notes -nc� t s are to bear interest at W per annum (a multiple of 1/4 or 1/10 of 1%). As evidence tf our good faith., we enclose herewith our cashier's) (certified) check in the sum of $22440 in accorda nce with your Official Nati ce' of Sale_ Respectfully submitted �lly sub w Name w TM Account o uri Ma , Hager By , a Address C. i ty State ACCEPTANCE CLAUSE , The foregoing bid was accepted and note _ ", sold b or�d .Y , nance of the Village Board of the Village of Mount Prospect, Illinois, on June 2 1981 �� and receipt is hereby acknowledged of the good faith check which is being ,held • g � n accord- ance with the terms of the Official Notice of Sale, VILLAGE OF MOUNT PROSPECT Village Manager principal of and interest on the note herein authorized, which abatement is itemized as follows: PUBLIC LIBRARY FUND Levy for Principal $200,000.00 Levy for Interest $ Total levied and amount to be abated for 1981 $ 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. r 1981. ATTEST: VILLAGE CLERK MOUNT PROSPECT, ILLINOIS -7- APPROVED: VILLAGE PRESIDENT MOUNT PROSPECT ILLINOIS CHARGES TO COMMITTEES OF THE VILLAGE BOARD, June 2, 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 5/15/79 Mount Prospect Public Library - Financial position 5/15/79 Long Range Captial Budgeting 3/3/81 FIRE AND POLICE COMMITTEE - Trustee Murauskis, Chairman 8/5/80 Development Code 8/7/79 Emergency Connection - Citizens Utilities, Northwest area 1/6/81 LEGISLAT,IVE/JUDICIARY COMMITTEE - Trustee Richardson, Chairman 11/18/80 iMucci Water Bills 12/5/78 Liaison with State Representatives Legislative Report Woodview Homeowners Association request for reimbursement 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 IRMA 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 AGENDA MAP