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HomeMy WebLinkAbout2286_001Jiff&&; U. f, a a oa r MINUTES Ct N11ITTEE OF THE 1,MOLE y NOVEMBER 91 1982. I. ROLL CALL Mayor Krause called the meeting -to order at 7:30 p.m., in the Public Safety Building-, 112 East Northwest Highway. Present at the meeting were. Mayor Carolyn Krause, Trustees Ralph Arthur, Gerald Farley, Leo Floros,' Edward Miller, Norma Mu.rausks and. Theodore ' Wattenberg,. Also present at the meeting were.. �Village Manager Terrance Bur,gha.rd and Assistant Village Manager Jay Hedges. Also present were approximately 35persons in the audience II. MINUTES The Minutes of the Committee of . the Whole meeting of October 26, 1982 were reviewed and accepted. III. CITIZENS + TO BE HEARD There being no citizens present at the meeting desiring to make any presentation before the.. Committee of the Whole, the Mayor moved on to the next item of business. IV. PUBLIC HEARING Mayor Erase called the Public Hearing to order at 7:40 p.m., for the purpose of reviewing requests from the Courier 2000 Cab CompAny and American Taxi Cad. Company to. service the Village of Mount Prospect. Mr., Randy Moss,, Vice President of meric:an. Taxi Company first testified to the fact that his Company had submitted a request for twelve taxis to be licensed in Mount Prospect. He indicated that they are currently operating taxis in l7 other communities and received 50-60 requests per weekto service the Village of Mount Prospect. Mr. Moss indicated that he feels there is room for additional service in Mount Prospect and that it would, in fact, increase citizens -usage of taxis rather than. simply deferring business from irks existing company. During questioning by the Village Board,Mr. Moss indicated that in all of the communities where they operate and where senior citizen taxi programs exist, they,pa.rticipate voluntarily. All of American Taxi's cabs are owner operated and have individual contracts with. American. These contracts provide for disciplinary action for refusal of service aswell as other areas, and while he as dice President does not have the authority an owner would have over a particular 'cab, he does feel there is an adequate F mechanism for enforcement of rules. 00 , consensus of the Board was not apparent and it was agreed that Mr. Birks would be invited to attend. the Board meeting on November 16 to testify on this matter, and the Beard's decision ,would be postponed until that time. V. WATER. AGENCY SUPPLY CONTRACT Tillage Manager Burghard referred to the contract which had been distributed to Board members previous to the meeting, and reviewed the process through which the agreement had been presented to the village Board and requested Board consideration.. A discussion followed among Board members, however, no formal action was required. Mr. Burghard reviewed the schedule of special service District #5 levies beginning in 1982 through 1988. He indicated that in fallowingthe Board's direction to date to place 10+9% of the debt service .for construction of the pipeline on the Property Tax, the following levies would be required: COLLECTED 12/82 Bonds $17600,000 1983 9/83 Levy $1,600,000 1984 9/84 Levy $1,875,000 1985 9/85 Lewy $1X01000 ` 1986 9/86 Levy $1,550,000 1987 9/87 Levy $12525,000 1988 9/88 Levy $13510,000 1989 Larry Armstrong, of the Rouse Corporation, spoke representing Ran.dhurst shopping Center and indicated that they had done additional research prof ectiIng an impact of this proposed financing method on R.andhurst as well as property owners. Mr. .Armstrong distributed worksheets indicating their study. R.andhurst now projects that their impact will be approximately $118,000' more if the construction costs are placed on the: Property Tax as opposed to the water rate. Mr. Armstrong indicated that while they do feel an obligation to support the construction in some part through the Property Tax, their position is that 100% is too high. Their proposal is that 25% of the construction costs be placed on the Property Tam. and the remainder on the water rates. ISIM T -4- �M questi,-] cwMr r the' sell hie Commit item on t' ember 16. action ta hat degre, that the view by t' Hedges , ndlards a� upon the 'S for the It is exile rs by the ,g purchas livering upon our insistent I �reviously Lon � "ion "IS F kqo )f ,ORD/ --ted lards 1 , i J' The Village Manager reported to, the Committee of the Whole that back in August and Septeber of this year, the Village, had employed the State Water Siurvey Divisiont at' no cost to the Village 'to, perform. an-evaluation on WELL #17 . The State Water Surrey Board has , prescrribed several courses of action that are necessary in orderto complete the Nell ,and it was , the Manager' s . recommenda ion, based upon the analysis of the 'State ..Water . Survey Division, that the Village move towards abandonment df.Well #17. The estimated cost of this work was.not to exceed $60,000. After some general discussion,' the VillageManager was `.w authorized to proceed with the necessary work on Well #17. VII. ADJOURNMENT The meeting was adjourned at 10:15 p.m. R.espec.tfully submitted, TE RR.A. CE L. B UR.GHA.RD Village Manager TLB/rcw -5- November 1., 1982 Phone 312 / 392-6000 David David C. Newman, Esq. Pedersen and Houpt n r-1 ­' -1-60 North LaSalle Street C _Z " hic-ago, Illinois 60601 Re: Proposed Multi -Family Rental Landlord/Tenant Ordinance Dear Dave: As you are by now aware, the Village staff has been directed by the Village Board to prepare a draft of a Landlord/ Tenant Ordinance. We have been working on this project since late spring and have received the direction from the Village Board to proceed indicated in the attached Committee of the Whole Minutes from July 27, 1982. We have met on two different occasions with landlords and tenants to receive input on the Ordinance, and are now submitting the attached draft for your review., redrafting and codification. It is hoped that this item can be returned and available for distribution to the Village Board on Friday, November 19 as this item is intended to be placed on the Agenda for a Committee of the Whole discussion on Tuesday, November 23. My intent in this letter is to indicate to you areas of concern with the current draft as well as give you general indications of our needs in certain areas where we have not provided language. We have not attempted to be precise with _the format of this Ordinance or its order of presentation, but rather to include the substance and ask that you redraft it --in the proper format. 1. We are concerned about the effect of this Ordinance on existing leases, and incidentally, ,we would hope to have the Ordinance become effective on January 1, or sometime thereafter. Will existing leases immediately come under the effect of this Ordinance or only new or renewed leases? 2. Please review our definition of landlord on page 2. The landlords have indicated that this is ambiguous and should be more specific. CAROLYN H, KRAUSE mayor VA41A WAA*- "t �#"o TRUSTEES RALPH W. ARTHUR GERALD L. FARLEY LEO FLOROS EDWARD i MILLER NORMA J, MURAUSKIS Village of Mount Prospect THEODORE J.WATTENBERG TERRANCE L. BURGHARD 100 S. Emerson Mount Prospect, Illinois 60056 village manager November 1., 1982 Phone 312 / 392-6000 David David C. Newman, Esq. Pedersen and Houpt n r-1 ­' -1-60 North LaSalle Street C _Z " hic-ago, Illinois 60601 Re: Proposed Multi -Family Rental Landlord/Tenant Ordinance Dear Dave: As you are by now aware, the Village staff has been directed by the Village Board to prepare a draft of a Landlord/ Tenant Ordinance. We have been working on this project since late spring and have received the direction from the Village Board to proceed indicated in the attached Committee of the Whole Minutes from July 27, 1982. We have met on two different occasions with landlords and tenants to receive input on the Ordinance, and are now submitting the attached draft for your review., redrafting and codification. It is hoped that this item can be returned and available for distribution to the Village Board on Friday, November 19 as this item is intended to be placed on the Agenda for a Committee of the Whole discussion on Tuesday, November 23. My intent in this letter is to indicate to you areas of concern with the current draft as well as give you general indications of our needs in certain areas where we have not provided language. We have not attempted to be precise with _the format of this Ordinance or its order of presentation, but rather to include the substance and ask that you redraft it --in the proper format. 1. We are concerned about the effect of this Ordinance on existing leases, and incidentally, ,we would hope to have the Ordinance become effective on January 1, or sometime thereafter. Will existing leases immediately come under the effect of this Ordinance or only new or renewed leases? 2. Please review our definition of landlord on page 2. The landlords have indicated that this is ambiguous and should be more specific. Also, under I: Title, Purpose and Scope, II: General Definitions, subparagraph (B) Unconscionability, is this., in fact, necessary, if so., what is its purpose, please advise. 3. Immediately following under subparagraph (C) Notice we understand the intent of subsection 3,however, it seems to be rather unclear. Could you please put this into more understandable language. Page 4, VI. Tenant Obligations, 3. Access, subparagraph (B); we are concerned that the word "emergency" should probably be further defined; please advise. CZ Page 7, VIII, 6. Disposition of Abandoned Property. We have left this entire section blank, but simply would like to restate under current State law,, what the landlord's obligations are to retain, store or se"I property which is left behind by a tenant. Are there provisions for notice prior to sale or disposal? Dur --:ng our discussions, landlords have indicated that mast ,property abandoned by tenants is of no value, however, are there existing legal requirements and, if so, we would Like to reiterate them in this section. 6. Page 8, IX, Tenant Remedies, number 3 Self Help for Minor Defects and Rent Withholdings. We have left this entire section blank and I Would, like to *indicate here our intentions. it is my understanding that case law in Illinois under Spring vs. Little, a 1976 supreme Court decision., tenants are entitled to withhold rent payment under certain circumstances. Our intent is to reiterate those rights in this section of the Ordinance. I am not aware of any `specific State statute on this subject. We would like to provide the tenant with some recourse should a landlord ignore a request for service. There seem to be generally two types of requests; that which is a code violation cited by the Village of Mount Prospect, and that which is not of an extreme nature but a general request for service or repair. You may recomrnend a similar procedure or two different procedures- Our --staff has discussed this issue with landlords and, we are in general agreement that a procedure somewhat 'similar to the following might be feasible. After waiting 14 days after a written request for service, a tenant may wl"thh<)Id rent and instead deposit the amount withheld along with a nonrefundable filing fee of $10.00 with the Village of Mount Prospect. The amount to be withheld would be not to exceed $100 for non -code violations, and not to exceed one month's rent for non -code violations. -This amount could be withheld., however, each month that the request goes unanswered.- The Village will then review the circumstances., contact the landlord and/or the tenant and upon a satisfactory resolution to the situation the rent would then be paid to the landlord. 7. Page 11, XI. Retaliatory Conduct; Civil Actions by Village: The only question here is should the section Civil Actions by Village be included here or at the end of the Ordinance along with Penalties, etc. it is designed to apply to violations of the entire Ordinance. 8. Page 12, XII. Attachment of Chapter to Rental Agreement. We have asked in an earlier question whether or not this Ordinance would apply to existing leases, and if so, should we add provisions in this Section for providing a copy of this Ordinance to all existing tenants, 9. Page 16, VII. Violations and Suspensions. This is intended to apply only ,to the inspection provisions of this Ordinance not to landlord lease disputes. In redrafting the Ordinance, it should be placed appropriately to accomplish that objective. 10. Page 16, VIII and IX. Enforcement and Penalties. These are intended to apply to the entire Ordinance, and should be located accordingly in the next draft. Dave., our i=ent in enacting this Ordinance is to hire additional manpower; one inspector to carry out the inspection functions of the Ordinance who will be assigned to the Code Enforcement Division and. one so-called "mediator" who will be assigned to the Health Department and will have the responsibility of receiving complaints or inquiries under this Ordinance and attempting to work out a co=on resolution between the -landlord and the tenant. 'Th,e. medliatorposi"tion, may be part or fulltime depending on the num, 'ber of inquiries, registered and is intended to be someone with both a socilal services background and possibly an attorney. The Board has indicated general direction to fund these additional Positions as, well as other costs related to the program through a licensing of rental units and multi -family dwellings. At this time, we estimate that a licensing fee of $7.00 per unit should be adequate. In addition, we are considering requiring a $10.,00 -,or some other nominal filing fee for any inquiry similar to the procedure indicated above with reference to tenants withholding rent. While some landlords indicated a constitutional objection to the licensing of renting property, it is our position that this is a business transaction as is any other within the Village and may be licensed unless otherwise prohibited by State statute. Our intent is to license the business transaction and not the property owner. We understand that the Village of Arlington Heights and Schaumburg do currently license this function. the question was also raised as to whether or not this licensing would be constitutional if the landlord was not incorporated but was simply a private owner of a small building. I—Have attempted to express to you our intentions and concerns regard to the enclosed'OrdinVII ncalb. alize 11/: this is a c-omplex Ordinance and an area in which the Village has never D.-Iore been 'Involved. 'Upon review of this letter, I would s1,J.&rr,a5est that we get together by telephone -or in person to furthe discuss our needs and attempt to develop a r'ealistic timetable for implementation. Sinterely yours, JAYR. HEDGES Assistant Village eager JRH/rcw C: Village Manager Terrance L. Burghard osed Mri y n_4:11t e n i n T\ P I Section #T Definitions (a) Dwelling A dwelling is a building, or portion thereof designed or used exclusively for residential occupancy including single family dwellings, two-family dwellings, and multiple -family dwel I i ngs, but not i ncl udi ng hotel s, motel s, roomi ng, boa rdi ng Or lodging houses. � I (b' "wel I i ng __P�nit, A dwelling unit consists of one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, r 0 permanently installed, shall be included in each dwelling unit. j (c) Dwelling, Multiple -Family A multiple -family dwelling is a building or portion thereof consisting of three (3) or more dwelling units with varying arrangements of entrances and party walls. The definition of multiple -family dwelling may include, but shall not be limited to the following terms: Apartment, condominium, co-operative, quadraminium, three -flat and triplex. (d) lNel I i n m Sin191.,1 e-fami1y Attached An attached single-family dwelling is a building consisting of not more than six (6) dwelling units which are attached by common vertical walls, with each dwelling unit having two (2) separate entrances at grade level. An attached single-family dwelling shall include the terms: Townhouse and rowhouse. (el Condominium Shall' mean any dwelling unit under individual ownership in a multi -unit structure as provided in the Condominium Property Act of the Revised Statutes of the State of Illinois. (f) Condominium Association Shall mean any organization or association _Condominium governs the operation of common areas or services for two or more condominiums. (g) Townhouse association shall mean any organization or association which governs the operation of common areas of two or more townhouses. (h) j1L1la_ge Manager, Shall mean the Village Manager of Mount Prospect or his designated representatives. Designated representative for the administration and enforcement of this ordinance include the Hanagement Services Director, Director of Health Services, Chief of the Fire Department, the Community Development Director, the Chief of Police, the Village Clerk and the Director of Public Works, and their representatives, all of the Village of Mount Prospect. VILLAGE OF MOUNT PROSPECT DRAFT MULTIFAMILY RENTAL LANDLORD/TENANT ORDINANCE CHAPTER ONE Lease Agreements I. TITLE, PURPOSE AND SCOPE: (A) Short Title: This Chapter s"--Iall be known and may be cited as the "Residential Landlord and Tenant Ordinance". (B) Purpose and Declaration of Policy: It is the purpose of this Chapter and the policy of the Village, in order to protect and promote the public health, safety and welfare of the citizens, to establish rights and obligations of the landlord and the tenant in the rental of dwelling units and to encourage the landlord and the tenant to maintain and improve the quality of housing. (C) Construction of Chapter: This Chapter shall be liberally construed and applied to promote its purposes and policies. (D) Scope: 1. Territorial Application: This Chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit, with- in a multi -family rental structure located within the Village. 2. Exclusions: Unless created to avoid the application of this Chapter, the following arrangements are not governed by this Chapter. a. Residence at a public or private medical, geriatric, educational or religious institution; b. Occupancy under a contract of sale of a dwelling unit if the occupant is the purchaser; C. Occupancy in a structure operated for the benefit of. a social or fraternal organization; or d. Transient occupancy in a hotel or motel. e., Rental of a single family residence. Ii. GENERAL DEFINITIONS: PRINCIPLES OF INTERPRETATION: SEVERABILITY: (A) General Definitions: Subject to additional definitions contained in subsequent sections of this Chapter. ACTION: Includes recoupment, counter -claim, setoff, suit in equity, and any other proceeding in which rights are determined, C) including an action for possession. CODE: Includes any ordinance or governmental regulation concerning fitness for habitation, or the construction., maintenance, operation, occupancy, use or appearance of any premises or dwelling unit. COMMON AREA: Includes any part or area of the premises not within any dwelling unit. RENTAL UNIT: A structure within a premise or the part of a structure that is used as a home, residence or sleeping place by one or more persons who maintain a household and not occupied by the owner of record. FAIR RENTAL VALUE: The prevailing value of comparable rental units in the Village. LANDLORD: The owner., lessor or sublessor of the dwelling unit or the building of which it is a part. An owner is one or more persons, jointly or severally in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgagee in possession. PERSON: An individual or a corporation, government, governmental subdivision or agency, business trust,,, estate, trust, partnership or association or any other legal or commercial entity. PREMISES: A dwelling unit and the structure of which it is a part, and facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants. RENT: All payments to be made to the landlord under the rental agreement. RENTAL AGREEMENT: All written agreements and valid rules and regulations adopted under Section VI, 2 hereof embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. TENANT: A person entitled under a rental agreement -to occupy a dwelling unit to the exclusion of others. MULTI -FAMILY RENTAL STRUCTURE: A building which contains three or more living units, of which at least fifty percent (50%) are rental units (B) Unconsclionabillity: If the court finds the rental agreement, or a settlement in which a party waives or agrees to forego a claim or right under this Chapter or under a rental agreement, to have been unconscionable when made., the court may grant the following relief: 1. Nonenforcement; or 2. Nonenforcement of the unconscionable provision only; or 3. Limit the application of any provision to avoid an unconscionable result. (C) Notice: A person has notice of a fact if: 1. He has actual knowledge of it; 2. He has received notice of it; or 3. From all the facts and circumstances known to him at the time in question, he has reason to know that it exists. A person given notice to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. M (D) Severability: If any provision or part thereof of this Ordinance is declared invalid and of no further force and effect, the other provisions of this Ordinance shall remain in full force and effect., RENTAL AGREEMENTS - TERMS AND CONDITIONS OF RENTAL AGREEMENT: (A) The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this Chapter and other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties. (B) All leases between landlords and tenants must be in writing, signed by both parties and copies provided to both at the time of signing. (C) Rent is to be payable without demand or notice at the time and place agreed upon by parties. Unless otherwise agreed, rent is payable at the landlord's place of business at the beginning of any term of one month or less and otherwise in equal monthly installments at the -beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day to day. IV. EFFECT OF UNSIGNED OR UNDELIVERED RENTAL AGREEMENT: (A) If the landlord does not sign and deliver a written rental agreement, signed and delivered to him by the tenant, acceptance of rent without reservation by the landlord gives the rental! agreement the same effect as if it had been signed and delivered by the landlord, for the term set forth in the rental agreement. (B) If the tenant does not sign and deliver a written rental agreement, signed and delivered to him by the landlord, acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.' (A) Except as otherwise provided by this Chapter, no rental agreement may provide that the tenant or the landlord: 1. Agrees to waive or to forego rights or remedies under this Chapter. 2. Authorizes any person to confess judgment -on a claim arising out of the rental agreement; 3. Agrees to the limitation of any liability of the landlord or tenant arising under law or to indemnify the landlord or tenant for that liability or the costs connected therewith. (B) A provision prohibited by 'subsection (A) included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing any provision known by him to be prohibited, the tenant may recover actual damages sustained by him and not more that two (2) months rent and reasonable attorney's fees. VI. TENALNT OBLIGATIONS: 1. MAINTAIN DWELLING UNIT: THE TENANT SHALL: (A) Comply with all obligations "imposed upon tenants by provisions of the codes applicable to the dwelling unit; (B) Keep that part of the premises that he occupies and uses as safe as the condition of the premises permits; M (C) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner. (D) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits; (E) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises; (F) Not deliberately or negligently destroy, deface, damage, impair r or remove any part of the premises or rental unit or knowingly permit any person to do so; (G) Conduct himself and require other persons on the premises and within his unit with his consent to conduct themselves in a manner that will not disturb his neighbor's peaceful enjoyment of the premises; and (H) Maintain rental unit in a clean and sanitary condition and provide for a general cleaning of the apartment prior to departure. (i.e. vacuum, clean appliances and plumbing fixtures, patch nail holes) 2. RULES AND REGULATIONS: (A) The landlord from time to time, may adopt general rules or regulations concerning the tenant's use and occupancy of the premises. They are enforceable only if: 1. Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities among tenants; 2. They are reasonably related to the purpose for which they are adopted; 3. They apply to all tenants in the premises in a fair manner; 4 They are sufficiently explicit to fairly inform the tenant of what he must or must not do to comply; 5. They are not for the purpose of evading the obligations of the landlord; and - 6. The tenant has notice of them at the time he enters into the rental agreement. (B) A rule or regulation adopted after the tenant enters into► the rental agreement that substantially modifies his lease agreement is not enforceable unless the tenant consents to it in writing or unless a change in local State or Federal legislation requires the regulation change. 3. ACCESS: (A) The tenant shall not unreasonably withhold consent to the landlord and the Village of Mount Prospect to enter the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or show the dwelling unit to prospective or actual purchasers, mortgagees, tenants or workmen. (B) The landlord may enter the dwelling unit without consent of the tenant in case of emergency. M (C) The landlord shall not abuse the right of access or use it to harass the tenant. Except in cases of emergency, the landlord shall give the tenant at least two days' notice of his intent to enter and may enter only at reasonable times. Delinquent rent shall not generally be considered an emergency unless other contributing circumstances deem it so. 4. TENANT'S USE AND OCCUPANCY OF DWELLING UNIT :- (A) Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a dwelling unit. VII. LANDLORD OBLIGATIONS: 1. SECURITY DEPOSITS AND PREPAID RENT: (A) A landlord who receives security or prepaid rent from a tenant must comply in full with Chapters 74 and 101 of the Illinol'S State Statutes, which, provide that landlords must pay interest on security deposits in developments with 6 or more rental un, 1, t. s, and wit,h'3"-n thirty (30) days after the end of each twelve (12)month rental period,,, pay to the tenant any such interest by cash, or,credit to be applied, to rent due, except when the tenant i,s in default under the terms of the rental agreement -,.,- (B) Upon termination of the tenancy, property or money held by the landlord as security or prepaid rent may be applied to the payment of accrued rent and the amount of acttial, damages which the landlord has suffered by reason of the tenant's noncompliance with Section VI,l., hereof, all as itemized by the landlord in a written notice delivered to the tenant together with the amount due, within thirty (30) days after tenant has vacated his unit, such statement to be, sligned by both landlord and tenant. The routine decorating .of An apartment after departure (if.e., painting, shampooing,, etc.) shall not be charged to a security deposit provi,ded the tenant has complied with Section STI, L., above. (C) Only upon written agreementby both ilandlord and tenant may security deposit be applied to rental obligation. (D) If the landlord fails to comply with subsection -(C) hereof, the tenant may recover the property and money due him together with damages in an amount equal to twice the amount wrongfully - withheld and reasonable attorney's fees. (E) This Section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this Chapter. 2. DISCLOSURE: (A) The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing on or before the commencement of the tenancy: 1. The name, address and telephone number of the person authorized to manage the premises; and 2. The name and address of the owner of the premises o the person authorized to act on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands. I (B) A person who fails to complyubsection (A) above becomes an agent of each person who Iis a landlord for: 1. Service of process and receiving of notices and. demands ; and 2. Performing the obligations of the landlord under this C.> Chapter, and under the rental agreement and expending or making available for that purpose all rent collected from the premises. -5- ... . .............. . .. .... ­­­­ (C) The information required to be furnished, by Subsection (A) above shall be kept current. Subsections (A) and (B) above extend to and are enforceable against any successor landlord or manager. (D) Before a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing any code violations which have been cited by the Village for the dwelling unit. - If - the landlord fails to comply with this Subsection (D), the tenant may pursue the remedies provided in Sections IX, 1., or IX, 3., of this Chapter. 3. MAINTAIN FIT PREMISES: (A) The landlord shall maintain the premises in substantial compliance with the applicable codes of the Village and shall promptly make any and all repairs necessary to fulfill this obligation. (B) The landlord and tenant of any dwelling unit may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if: 1. The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord or tenant and is set forth in a separate writing signed by the parties and supported by adequate consideration; and 2. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises. 4. LIMITATION OF LIABILITY: (A) Unless otherwise agreed, a landlord who sells the -premises is relieved of liability under the rental agreement and this Chapter for events occurring subsequent to written notice to the tenant .that the sale has occurred.- However, - he remains liable to the tenant for any property and money to which the tenant is entitled under Section XII, 1., of this Chapter and all prepaid rent unless the tenant receives written notice that such property, money and prepaid rent have been transferred to the buyer, and that the buyer has accepted liability for such property, money and prepaid rent. (B) Unless otherwise agreed, the manager of the premises is relieved of liability under the rental agreement and this Chapter for events occurring after written notice to the tenant of the termination of his management. 5. RECEIPTS: (A) Upon request of the tenant a landlord must provide a written receipt for any payments made (i.e., rent, security deposits, etc.). If payment is made by personal check, the cancelled check shall be considered a receipt. Viii. LANDLORD REMEDIES: 1. NONCOMPLIANCE WITH RENTAL AGREEMENT: FAILURE TO PAY RENT: (A) If there is a material noncompliance by the tenant with the rental agreement or with Section VI,, 1., the landlord may deliver written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten (10) days after receipt of the notice unless the breach is remedied by the tenant within the ten (10) day period. I Me (B) If rent is unpaid when due, and the tenant fails to pay the unpaid rent within five (5) days after written notice by the I-andlord of his intention to terminate the rental agreement if the rent is not so paid, the landlord may terminate the rental agreement. (C) Except as provided herein, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with therental agreement or with Section VI, 1. If the tenant's noncompliance is willful,, the landlord may recover reasonable attorney's fees. 2. FAILURE TO MAINTAIN: If there is material noncompliance by the tenant with Section VI; 1, hereof, and the tenant fails to comply as pramptly as conditions permit in case of emergency or within fourteen (14) days of receipt of written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and have the work done in a workmanlike manner and submit a receipted b ' ill from an appropriate tradesman for the cost thereof as rent on the next day when rent is due, or if th*e,- rental agreement has terminated, for immediate payment, provided that the landlord has fulfilled his affirmative obligations under Section VII, 2* 1 (D) and VII, 3. (A). 3. ABANDONMENT: SUBLEASES: If the tenant abandons the dwelling unit, the landlord shall make good faith effort to rent it at a fair rental. This shall include the acceptance of reasonable subleases. If the landlord succeeds in renting the dwelling unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of abandonment to the termination of the initial rental agreement. If the landlord makes a good faith effort to rent the dwelling unit at a. fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. In either event, the tenant shall be liable for the advertising expenses and reasonable redecoration costs incurred by the landlord in rerenting the dwelling unit. 4. WAIVER OF LANDLORD'S RIGHT TO TERMINATE: Acceptance of rent with knowledge of a default by the tenant, or acceptance of performance by the tenant that varies from the terms of the rental -agreement or rules or regulations subsequently .L adopted by the landlord must be confirmed in writing and signed by both parties and then constitutes a waiver of the landlord's right to terminate the rental agreement for that breach. 5. REMEDY AFTER TERMINATION: If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for damages for breach of the rental agreement and reasonable attorney's fees, as provided in Section VII, 1., hereof. (MOUNT PROSPECT VILLAGE ATTORNEY TO DRAFT THIS SECTION) IX. TENANT REMEDIES: 1. NONCOMPLIANCE BY LANDLORD (A) If there is a material noncompliance by the landlord with the rental agreement or with Section VII, 2., (D) or 'Section VII, 3., the tenant may deliver a written notice to the landlord specifying the breach and that the rental agreement will terminate on a date not less than forty five (45) days after receipt of the notice if the breach is not remedied in thirty (30) days. If the breach is not remedied by the landlord in thirty (30) days, the rental agreement shall terminate as provided in the notice. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent. (B) Except as provided in this Chapter, the tenant may recover damages and obtain injunctive relief for any material noncompliance by the landlord with the rental agreement, or with Section VII, 3. If the landlord's noncompliance is willful, the tenant may recover reasonable attorney's fees. (C) If the rental agreement is terminated, the landlord shall return all security and interest recoverable by the tenant under Section VII, 1., and all prepaid rent. 2. FAILURE TO DELIVER POSSESSION: (A) If the landlord fails 'to deliver possession of the dwelling unit to the tenant in compliance with the rental agreement and Section VII, 3., rent abates until possession is delivered and the tenant may: 1. Upon at least five (5) days' written notice -to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or 2. Demand performance of the rental agreement - by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him. (B) If a landlord's failure to deliver possession is willful, an aggrieved person may recover from the landlord, an amount not more than two (2) months' rent or twice the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. 51 � 111 111 � � 0 11, q�� � i (MOUNT PROSPECT VILLAGE ATTORNEY TO DRAFT THIS SECTION) •1111 `01P� `;�io �� , (A) If, contrary to the rental agreement, the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing, the tenant may give written notice to the landlord specifying the breach and after such notice may: M pi I 1. Procure reasonable amounts of heat, hot water, running water, electricity, ,gas or plumbing during the period of the landlord's noncompliance and deduct their cost from the rent to be deposited along, with a filing fee mm a, as outlined in item IV 3(A) above except that there shall not be a waiting period. 2. Recover damages based upon the diminution in the fair rental value of the dwelling unit and reasonable attorney's frees; or 3. Procure substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. The tenant may recover the cost of reasonable value of the substitute housing up to an amount equal to the monthly rent and reasonable attorney's fees. (B) If the tenant proceeds under this Section I., 4, he may not proceed under Sections IX, 1, or IX,, 3 . , for that breach. (C) The tenant may not exercise his rights under this Section if the conditionwas caused by the inability of a utility supplier to provide service or by the, deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent. M 5. LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION, FOR POSSESSION OR RENT (A) In an action for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for any amount which he may recover under the rental agreement or this Chapter. In that event, the court may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the otherparty. If no rent remains due after application of this Section, judgment shall, be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is without merit, the landlord may recover reasonable attorney's fees. (B) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in Subsection (A), but the tenant is not required to pay any rent into court. 6. FIRE OR CASUALTY DAMAGE: (A) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: 1. Immediately vacate the premises and notify the landlord in writing within fourteen (14) days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or or 2. If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. 3. Agree to accept alternate housing provided by the landlord, if available. (B) If the rental agreement is terminated, the landlord shall return all security recoverable under Section VII. 1., and all prepaid rent. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty. (C) A tenant may not exercise remedies in this Section if the fire or casualty damage was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or a person on the premises with his consent. X. HOLDOVER; ABUSE OF ACCESS: rks-ty-olwym If the tenant remains in possession without the landlord's consent, after expiration of the term of the rental agreement or its termination., the landlord may bring an action for possession and if the tenant's holdover is willful, the landlord in addition may recover an amount not more than two (2) months' periodic rent or twice the damages sustained by him, whichever is greater, and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, Section I, (D) applies. 2. LANDLORD AND TENANT REMEDIES FOR ABUSE OF ACCESS: (A) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the landlord may recover damages and reasonable attorney's fees. (B) If the landlord makes an unlawful entry or a lawful entry in-- an unreasonable manner or makes, repeated demands for entry otherwise lawful, but which have the effect of harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In each case, the tenant may recover an amount equal to not more than two (2) months' rent or twice the damages sustained by him, whichever is greater, and reasonable attorney's fees. 3. NOTICE OF REFUSAL TO RENEW RENTAL AGREEMENT: (A) If the rental agreement will not be renewed or if a month-to-month tenancy will be terminated, the landlord shall notify the tenant in writing thirty (30) days prior to the termination date. (B) If the landlord fails to give the required written notice the tenant may remain in his dwelling for thirty (30) days ,commencing on the date that the written notice is received by the tenant. During such period, the terms and conditions of the tenancy shall be the same as the terms and conditions during the' 'month of tenancy immediately preceding the notice. XI. RETALIATORY CONDUCT; CIVIL ACTIONS BY VILLAGE: 1. RETALIATORY CONDUCT: (A) Except as provided in this Section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring action for possession or by refusing to renew a rental agreement because the tenant .has : . .- 1. Complained in good faith of a code,'violation to a government agency -charged with the responsibility for -the enforcement of such code; 2. Complained to the landlord of a violation under Sections VII) 2.y (D) or VII, 3.; 3. Organized or become a member of a tenant association or similar organization; or 4. Exercised or attempted to exercise any right_or enforce any remedy granted to him under this Chapter. (B) If the landlord acts in violation of Subsection (A),., the tenant has a defense in any retaliatory action against him for possession and is entitled to the following remedies; he may recover possession or terminate the rental agreement and in either case, recover an amount equal to and not more than two (2) months' rent or twice the damages sustained by him, whichever is greater and reasonable attorney's fees. If the rental agreement is terminated, the landlord shall return all security and 'Interest recoverable under Section VII., l., and all prepaid rent. Conduct of a landlord subsequent to tenant activities described above in Subsection (A) without justifiable cause may be considered retaliation. (C) Nothwithstanding Subsection (A) and (B), a landlord may bring an action for possession if: 1. The violation of a code was caused primarily by lack of care by the tenant, a member of his family or other person on the premises with his consent; or 2. The tenant is in default in rent, other than a purported default under Section IX, 3. 2. CIVIL ACTIONS BY VILLAGE: Whenever the Village Manager or his designee has reasonable cause to believe that any landlord or tenant is engaged in a pattern of practice of violating the provisions of this Chapter, the Village may bring a civil action by filing a complaint signed by the Village Manager, setting forth the facts pertaining to such pattern of practice and requesting such relief, including an application for a permanent or temporary injunction, restraining order and damages as hereinbefore provided against the landlord or tenant responsible for such pattern of practice, as may be necessary to ensure compliance with the provisions of this Chapter and the full enjoyment of the rights herein established. The foregoing does not limit the Village of Mount Prospect's" authority to institute actions pursuant to Section XIV., 3., to neforce Section XIV of this Chapter. XII. ATTACHMENT OF CHAPTER TO RENTAL AGREEMENT: A copy of this Chapter shall be attached to each rental agreement delivered by or on behalf of a landlord when any such agreement is signed to any tenant whether such agreement is for a new rental or a renewal thereof. Provisions of the Condominium Conversion Ordinance that contradict, modify, expand or limit rights of landlords or tenants established under this Chapter shall prevail over the provisions of this Chapter for leases entered into or renewed subsequent to ti -ie effective date of the Residential Condominium Ordinance. il ii I � �i �� 1` 1 ii � 1193ff" It is unlawful for any landlord or any person acting at this direction to knowingly oust or dispossess or attempt to oust or dispossess any tenant from a dwelling unit without authority of law., by plugging, changing, adding or rEu.oving any lock or latching device; or by blocking any entrance into said -unit; or by removing any door or window from said unit; or by 'Interfering with the services to said unit, including, but not limited to, electricity, gas, hot or cold water, plumbing, heat, or temephone service; or by removing a tenant's personal property from said unit; or by the use of force or threat of violence, injury or force to a tenant's person or property; or by any other act rendering a dwelling unit or any part thereof or any personal property located therein inaccessible or uninhabitable. The provisions of Section XIV, 1., shall not apply where: (A) A landlord acts in compliance with the laws of Illinois pertaining to forcible entry and detainer and engages the Sheriff of Cook County to forcibly evict a tenant or his personal property; or -12- (B) A landlord acts in compliance with the laws of the State of Illinois pertaing to distress for rent provided that within five (5) days of taking possecs ilon of tenant's property., the landlord shows ellylidence to the Village Manager that he has filed an action with the Court to secure the tenant's property in return for unpaid rent. (C) A landlord acts pursuant to court order; or (D) A landlord interferes temporarily with possession only as necessary to make needed repairs or inspection and only as provided by law; or (E) The tenants with a right topossession of the dwelling unit have been absent therefrom for thirty (30) consecutive days without advising the landlord of such absence or their intent to return., current rent is thirty (30) or more days overdue, and after diligent inquiry the landlord has reason to believe that tenants have abandoned the premises and do not intent to return. (A) Each member of the Police Department, while on duty, is hereby authorize ' d to arrest any person who is found to have violated any of the -e -provisions, of Section XIV, 1. (B) Any person.found guilty of violating Section XIV, 1., shall be fined not. less, than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), and each day that such violation shall occur or continue shall constitute a separate and distinct offense for which a fine as herein provided shall be imposed. 4. CIVIL REMEDY: If a tenant In a civil legal proceeding against his landlord establishes that a violation of Section XIV, 1., has occurred he shall be entitled to recover possession of his dwelling unit or personal property and shall recover an amount equal to not more than two (2) months' rent or twice the actual damages sustained by him, whichever is greater, and reasonable att-orney's fees. A tenant may, pursue any civil remedy for violation of this article regardless of whether a fine has been entered against the landlord pursuant to Section XIVJ, 3. 5. TENANT'S RIGHT TO TERMINATE: If a landlord or any person acting at his direction violates Section XIV, l., the tenant shall have the right to terminate the rental agreement by sending the landlord written notice of his intention to terminate within three (3) days of the violation. If the rental agreement is terminated, the landlord shall return all security deposits, prepaid rent and interest to the tenant in accordance with Section VII, 1. 1 CHAPTER TWO Inspections and Enforcement I. INSPECTIONS (A) Common Areas: The Village Manager or his designee shall be authorized to conduct regular inspections of common areas of multi -family rental structures, which shall include, but not be limited to: all hallways, stairways., lobbies, utility rooms., laundry rooms, storage rooms, recreation rooms, grounds, refuse areas, parking areas, building extensions, signs and other areas designated as common areas for the purpose of enforcing the Municipal Code of the Village of Mount Prospect. (B) Rental Units: The Village Manager or his designee shall be authorized to conduct regular inspections of rental units for the purpose of enforcing the Municipal Code of the Village of Mount Prospect. (C) Complaints: The Village of Mount Prospect or his designee shall be authorized to conduct inspections of rental units or common areas of multi -family rental structures upon receipt of complaint (s) for the purpose of enforcing the Municipal Code of the Village of Mount Prospect. II. NOTIFICATION The property owner or his agent shall be notified prior to any licensing inspection. CHAPTER THREE Licensing I. LICENSING (A) Np_person or association shall operate a rental multiple dwelling structure unless he holds a current, unrevoked operating license issued by the Village of Mount Prospect in his name for the specific named multiple dwelling. (B) Every operating license shall be issued for a period of one (1) year from its date of issuance unless sooner revoked, and may be renewed for successive periods of not to exceed one (1) year. (C) The Village Manager is hereby authorized upon application therefor to issue new operating licenses, and renewals thereof, in the names of applicant owners or operators of multiple dwellings. No such licenses shall be issued unless the multiple dwelling in connection with which the license is sought is found after inspection to meet all Village of Mount Prospect Code require- ments, and of applicable rules and regulations pursuant thereto. (D) No operating license shall be issued or renewed unless the applicant, owner, or operator has first made application therefor on an application form provided by the Village of Mount Prospect. (E) Condominium and townhouse associations are exempt from the licensing provisions of this ordinance, however, individual owners may not be exempt should their structure qualify as a multi -family rental structure as defined herein. q No operating license shall be issued or renewed unless the applicant owner or operator agrees in his application to such inspections as the Village Manager may require to determine 'whether the multiple dwelling in connection with which such license is sought is in. compliance with the provisions of the Village of Mount Prospect Codes and with applicable rules and regulations pursuant thereto. (A) No operating license shall be issued or renewed unless the completed application form is accompanied by payment of a license fee. (B) The annual fee for operating licenses for multiple dwellings shall be: $7.00 per dwelling unit IV. DESIGNATION OF AGENT No operating license shall be issued or renewed for an applicant unless such applicant has first designated an agent for the receipt of service of violations of the provisions of the Village of Mount Prospect Codes and for service of process pursuant to these codes when said applicant is absent from Mount Prospect for thirty (30) or more days. Such a designation shall be made in writing, and shall accompany each application form. An application for license should be made thirty (30) days prior to the expiration of the present operating license. -15- V1. NOTICE OF CHANGE Each license shall be displayed in a conspicuous place within' the common ways of the multiple dwelling. Every person holding an operating license shall give notice in writing to the Village Manager within twenty-four (24) hours after having transferred or otherwise disposed of the legal control of any licensed multiple dwelling. Such notice shall include the name and address of the person or persons succeeding to the -ownership or control of such multiple dwellings. VII. VIOLATIONS AND SUSPENSIONS (A) Whenever, upon inspection of the licensed multiple dwelling, the Village Manager finds that conditions or practices exist which are in violation of the provisions of this ordinance or of any of the Village of Mount Prospect Codes or of any applicable rules and regulations pursuant thereto, he shall serve the owner or operator with notice of such violation or violations. Such notice shall state that unless the violations cited are corrected with reasonable time, the operating license may be suspended. (B) At the end of the time he has allowed for correction of any violation cited, the Village Manager or his duly authorized representative shall reinspect the multiple dwelling, and if he determines that such conditions have not been corrected, he may issue an order suspending the operating license. (C) Any person whose license to operate multiple dwelling has been suspended shall be entitled to reconsideration. If no request for reconsideration or petition for hearing reaches the Village Manager within twenty-one (21) days following the issuance of the order of suspension, the license shall be revoked, except that prior to revocation any person whose license has been suspended may request reinspection, upon a showing that the C) violation or violations cited in the notice have been corrected. (D) If upon reinspection, the Village Manager finds that the multiple dwelling in connection with which the notice was issued is now in compliance with this ordinance and with applicable rules and regulation's issued pursuant thereto, and with Village of Mount Prospect Codes, he shall reinstate the license. A request for reinspection shall not extend the suspension period, unless the Village Manager grants such requests. The Village Manager and his duly authorized representatives are hereby authorized to enforce the provisions of this ordinance and for such enforcement shall have the right to enter upon the premises. The Village Manager may direct the Village attorney to take any appropriate action in law or equity in any count of competent jurisdiction to obtain compliance. IX., PENALTIES Any person violating any provision of this ordinance shall be fined not more than one thousand dollars ($1000.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Exception) No person acting as managing agent or collector of rents of any property involved in any proceeding because of violations or alleged violations of the provisions of this ordinance shall be liable therefor if such person shall within five (5) days after receipt of notice of any alleged violation -16- or of 1 1 1ons,, have notified the owner or owners of the property or the employer of such person of the purported violaLion or violations of any provision or provisions of this ordinance in writing, by registered United States'Mailt or • shall have ! Village copy of such noticeproof of service thereof on the owner, owners or employer. -17- Vi'llage of Mount Prospect "41 Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR CAROLYN H. KRAUSE AND BOARD OF TRUSTEES FROM: ASSISTANT VILLAGE MANAGER DATE: DECEMBER 10 1982 SUBJECT: POLICE SQUAD CARS Attached is a report from Officer David Nicholson of the Police Department detailing the process through which specifications were developed for the purchase of squad cars. In general., the process included participation by employees from both the Public Works Department and the Police Department and'consIders resale value of vehicles, maintenance costs, operational costs and Departmental needs. Vehicles which will qualify -for bidding on these specification include the Dodge Diplomat, Chevy Malibu, Ford Crown Victoria, and Olds Delta 88. This report considers operation and maintenance costs for the Chevy Malibu and Dodge Diplomat as these are the only vehicleswe have had direct experienc with. (See AttachmentResale value was studied for all four of the abovementioned vehicles and results can be seen in Attachment #2. The intent of this analysis is to indicate that the vehicle with the lowest initial purchase price may not be the most economical vehicle to operate in the long -run. A final report and specific retommendation'will be presented to the Board at the December 14 Committee of the Whole meeting. This information is provided as background material and an indication of how the committee process can assist in some mana• gement decisions. JAY R. HEDGES JRH/rcw C: Village Manager Terrance L. Bu'rghard Chief of Police Ronald W. Pavlock 11agc-if MoL.-ot Prospect Mount Prospect, Illinois T E I U XhIROU ff M Wk M 93A r1Tw7WTkT1W. . TO: VILLAGE MANAGER TERRANCE L. BURGHARD FROM: TRUSTEE LEO FLOROS DATE: NOVEMBER 21, 1982 Your memorandum of November 11, 1982 in response to my inquiry of November satisfactory nor illuminating. Please place this item on the Agenda for the next Committee of the Whole meeting of the Village Board. Perhaps you can explain this subject matter to my satisfaction at that time. LEO FLOROS LF/rcw C: Mayor Carolyn H. Krause Board of Trustees AVI"llage, Mo( Prospect `,Z Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER TERRANCE L. BURGHARD FROM: TRUSTEE LEO FLOROS DATES NOVEMBER 10, 1982 The Minute's of the September 16 meeting of the Water Agency Engineering Sub -Committee, on which you serve, reports 'L',-_ha�L' the Engineering Sub -Committee was recommending to the Executive Committee that the Agency "purchase necessary automobiles and/or pick-up trucks to provide transportation for plipelin-le, inspectors during the construction period." The inspec7-ors would be provided by each member of the Agency. This, to me., is an unnecessary and extravagant cost. 'fine inspectors, without hardship, can, travel in their respecti-,:-2_ Village cars. We don't need a fleet of cars for that purpose. I hope that at the Executive Committee level, you will reconsider your position. LF/rcw c: Mayor Carolyn H. Krause Board of Trustees Villag of Mount Prospect Mount Prospect, Illinois INTEROFFICEMEMORANDUM 46 TO: MAYOR CAROLYN H. KRAUSE AND BOARD OF TRUSTEES FROM: VILLAGE MANAGER DATE: NOVEMBER 11, 1982 SUBJECT: TRUSTEE FLOROS' MEMO OF NOVEMBER 10, 1982 In his memo of November 10, Trustee Floros reviews some Minutes of the September 16 Engineering Sub -Committee meeting and suggests that the Committee's recommendation to purchase vehicles is extravagant. Permit me to provide you the necessary factual information in order that a better decision can be made. The Water Agency, through theEngineering Sub - Committee, has been negotiating a contract with the engineers for resident inspection; i.e., the actual inspections as the pipeline and pumping stations are constructed. When the Agency put its budget together some three years ago, we anticipated spending some $5,000,000 for this service. In July of this year, we received a contract proposal from the engineers estimating that their cost was some $2,800,000 for the resident services. In order to evaluate whether the services provided and the costs estimated by the engineers were sufficient, the Engineering Sub -Committee employed Fletcher Engineering for an independent review of the proposed Agreement. Subsequently, after several meetings, the Engineering Sub -Committee was, able to identify certain elements that we felt would produce cost savings to the Agency. The Agency will be installing some 55 miles of water main varying in size from 90" to 24". We anticipate issuing several construction contracts so that work can proceed simultaneously in several areas. The only point in time that we have to assure ourselves that construction is proceeding smoothly is to have the resident engineer on site during construction. We do not want any problems buried. ThereforeP a substantial amount of their contract is for pipeline inspections which will be occurring simultaneously in several different locations over 51 miles. The engineers estimated that the number of vehicles necessary for this service would range from between 9 and 11 vehicles. The'y do not own vehicles and., therefore, would have to lease them. Their lease, license, tax:, insurance and fuel costs were estimated to be $142,400. Fletcher Engineering recommended and the Engineering Sub-Cormittee concurred as did the operation Executive Committee, that the Agency, once in full in 1986, is going to need its own vehicles*for maintenance and operation. The Agency can purchase the vehicles and they can be fueled at local municipal garages and insured at a lower cost than can be provided by the engineers. After their use for inspectional services,, they will become part of the fleet for the Agency. Those cars unnecessary at that time will be auctioned off and sold. Again, the Agency's pipeline is to be inspected by the engineers and not our local Village employees. Our Village employees will be doing normal complaint handling which we expect to be significant with this size of construction. We did explore whether or not our individual communities could supply inspectional services, but that idea was rejected because of our own in-house work load'. differing talent levels across municipalities and basic supervision and liability. I am confident the decision made after several months of study, verified by an independent engineer, and one that is less costly to all of us in the long run is the right decision. TERRANCE L. BU �(;,IIA,, TLB/rcw