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HomeMy WebLinkAbout3228_001MINUTES, COMMITTEE OF, T11E WHOLE OCTOBER 26, 1982 ROLL CALL Mayor Krause called the meeting to order at 7:35 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 Murauskis and Theodore Wattenberg. Also present at the meeting were: Village Manager Terrance Burghard, Assistant Village Manager Jay Hedges, Director of Community Development Kenneth Fritz and Village Planner Steve Park. Also present were approximately 35 persons in the audience. II. MINUTES The Minutes of the Committee of the Whole meeting of October 12, 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. BETHESDA LUTHERAN HOME ZONING CASES Mayor Krause reviewed for the Committee of the Whole the action of the Zoning Board of Appeals in approving Bethesda's request for a Special Use (Case 41 -SU -82) to allow the operation of a group home for eight clients and two supervisors. Bethesda is also seeking a Variation (Case 42-V-82) to allow the existing front -yard parking area to meet the requirements of the three off-street parking spaces as required by Village Ordinance. Mayor Krause also pointed out that each member of the Committee of the Whole had received copies of the transcript and other staff reports. Mr. Bernard Lee, representing Bethesda Lutheran Home, high- lighted the history and purposes of Bethesda, their intentions to inter -connect the two duplex dwelling units, and -reviewed in brief the presentation he made before the Zoning Board of Appeals. Subsequent to the preserr'_7tion a>I . Lei„ ,,';cession was opened up to members of the cud""en,ce. i r . ._ Krumrey related his ,personal experience with working, i rh handicapped individuals and indicated his support for the Bethesda. proposal. Mr. Joseph Carravotta, One North LaSalle Street, Chicago, introduced himself as an attorney representing the Kowalski family who live at 1314 Linneman, immediately adjacent to the proposed group care home:, Mr. Carravotta started that .here is,,a reluctande on the °part of residents in any community to speak out against such rezoning matters for fear of being mislabled by other neighbors.Nevertheless, it was Mr. Carravotta and his client's opinion that the neighborhood would be changed significantly from ;pure residential to'institutional. The building, the yard and vehicle changes were used as support for his position. He also raised questions as to whether or not the property would be removed from the tax roles and whether or not there has been sufficient analysis of the study performed that shows the subsequent consequences: -of these kinds of changes in surrounding property values Mrs. Idle Nipper,spoke in favor of the Bethesda request and pointed out that since she has lived in her home, there has been construction of some high-rise apartment buildings, duplex multi -family development "industrial development and a 250 foot 'microwave antenna in the immediate vicinity of her neighborhood. However, through those changes, there has been no reported declines in property value, in fact, property values have continued to increase. Mrs. Nipper referred to'a study that she had available demonstrating that there was not a loss of property value in those communities that had permitted group care homes. Mrs. Nipper presented a, copy of that study to Mr. Carravotta. Trustee Arthur acknowledged that he had reviewed the study referred to by Mrs. Nipper and that it, in fact, was a summary of 'nine other studies and while Trustee Arthur agreed that he could not challenge the conclusions of the study„ he did question the motivations of the studies since they were employed by, various special interest groups. Mrs. Kowalski, of 1314 Linneman, addressed the Committee of the Whole expressing her concern as to the size of the project, number of visitors likely to be present from time to time, tli6 infringe-ment of the privacy of neighbors and that here is a specific zoning change from residential to insCitutionaL These changes an intensity are not consistent according to Mrs. Kowalski with the residential zoning granted the properties. -2- Mr. Reed commended the Board on the dc7e!ol.;., at of their Ordinance and supported the Bethesda cases. Mr. Reed was of the opinion that it is our responsibility to discharge our social concerns for our lessfortunate neighbors, Mr. Bruckner, of 513 Fairview, supported the Bethesda request and indicated that his own 18 -year old daughter is in a program at the Wheeling High School for retarded persons and that she also works locally. He expressed a concern that it is apparent there needs to be local homes such as Bethesda for the future when parents may not be around to fully support and'supervise their children. He expressed that he has witnessed with his own daughter that she now leads a more fuller life�if she can be integrated in normal home -style settings and work situations. Mr. Hank Lancine, 207 North Russel, expressed his support for the Bethesda proposal and indicated that he had visited such homes particularly the one currently located in the Village of Mount Prospect on Elmhurst Road and operated by Clearbrook Center. Mr. Lancine indicated that he found the people to be friendly, innocent and very cooperative and that this kind of operation would be beneficial to the Village of Mount Prospect in the long run. Mrs. Witecha, of 1409 South Hickory, expressed her agreement with Trustee Arthur questioning the motives of the authors of the studies. Mrs. Witecha expressed her opposition to the Bethesda Home and asked the Board if they could, in good conscience, agree to have something like this in their own neighborhood. Mrs. Witecha pointed out that in a typical family in Mount Prospect, their largest single asset is their home value and any threat to that threatens the entire family. Mrs. Witecha also wanted to know the name of the realtor who had sold the property, the current status of the sale, did the property seller know what use was contemplate(!, and whether or not the Village could control the kinds of residents that would be in this institution in the future, Mr. Thom McGovern, of 200 South Pine, addressed the Committee of the Whole in support of the Bethesda request and indicated that the property would be exempt since it is operated by a not-for-profit institution and that he had also talked to an appraiser in Oak Park and Village staff in Oak Park where a similar home exists. While that home has been in operation for twelve years, neither the apprai. er had noticed a decline of property values nor had the staff mentioned any problems in the neighborhood. The Oak Park home is an alcoholic treatment center. Mr. ,Jim Witecha, of 1.409 �iout.h Hickory, :i.nd,; _, .e r they are a neightzor to the property in, questa.otn 'R11d t-h<.at they had attendedthe Zoning Board of Appeals meeting, Additionally, Mr. Witecha had been'contaa.cted after the Bethesda case had received coverage in the newspapers, by residents from Bloomington, B100t'.ringdale and Lombard who have described problems they have had with. such homes their comniuniti.es'. Mr.-.Witecha mentioned that there brad been some windows i broken and that the neighbors had to install fences. Mr. Wi.techaialso asked: how would the Village Board guarantee neighborhood safety in the 'future: and also inquired as to whether or not both owners of the existing property' had signed the sale agreemer t. Mayor Krause then asked Mr. 'Lee to respond to the questions raised by members of the audience, Mr, Lee introduced to the Committee of the Whole two aarti.eles from the October 1.9, and the October 26 Daily Herald, bath of which had spoken in support of such homes and tried to demonstrate the a:s p, --wt on surrounding neighborhoods in a positive fashion, Mr. I.,c-,,ae painted out that there would be no exterior changes to the duplex in question with the exception of the installation of a fire escape from the second floor. As to potential changes in the neighborhood, Mr. Lee referred to the prion: Ordinance of the 'Village `which would have allowed this occupancy with up to five persons in each duplex without any Hearings or regulations, licensing or inspections. Mr=. Lee clarified that the study he had presented to the Zoning Board of Appeals was a reference work and that the author of the study had also done previous work for the Illinois Bar Association. The study did not demonstrate any negative impact upon surrounding property values. The study, according to Mr. Lee, looked at 42 cities that had group care homes and 42 other similar sized cities where there were no group homes. Property sales in the neighbor- hoods surrounding the group homes demonstrated that the location of the group homes had no impact on'the 'sales or the value of the property. Mr. Lee also pointed out that he is an owner of a home 150 feet from the site and that he intends to remain an owner. The contract purchase of the home had only one contingency and that was that the Bethesda request would receive' favorable 'zoning approval.,. The realtor'in this case was George L. Busse, Mr. Hendrickson, 206 I -Oka, indicated his support for the Bethesda proposal_ and reported that he had been associated in working with the First Step Rehabilitation Home for recovering alcoholics in Des Plaines and that these kinds of facilities are: necessary in our suburban communities. Pastor Zelie, of" St, Paul "41,utherari C)u� 4 d.1 sated that his Church had formally indicat.ed it suppo-r' as a co- sponsor, together with St . John's LUtheran urc-b, for the Betbesda Home. While the Church will not have A_'.nancial responsi.bility, it wJ11. recognize its moral responsibillity for spi-.ritual and good neighbor assistance to the residents and clients at Bethesda. Mrs. Bruckley, of .1305 Barberry I. -ane, reported upon her expei,.-ience of working in a. group home in Niles for teenagers an(3 it was her opinion tliat t'he clients of that group home were more afraid of the counnunity than the community being a-.fraid of them. Mrs. Bruckley now works with artothe-r 'retarded group home and indicated her support to the Bethesda proposal. LV2_s, Witecha again addressed the Committee of the Whole a -Lid indicated that besides the arguments that she was hearing for compassion and friendliness, she was not hearing from people who would have welcomed these kinds of developments in. their own, neighborhood,. Mayor Krause responded that she: bad talked to some of her neighbors and that she and her husband would welcome these kinds of homes in their neighborhood, Mayor Krause further offered. to sit down with the Witechas and review the available studies as they relate to property -values so that the Witechas could fully understand the situation. Mr. 1,avache, 1402 I,-imnein,,an, expressed his opposition to the Betlaesda proposal and cited that the Village of Mbunt� Prospect crime rate is currently 17%, that th.e size of the operation is inconsistent with the residential character of the other duplexes and that the supervisors for Bethesda COUld be as young as 1.8 years of age, have a high school, edUc,an'.on and only as four week training course, He is of the opinion t li .at substantially better supervision than these minimums would "be necessary. Mr, 'Logan, of 223 No rt.h Elmhurst, su,,rpported rbe Bethesda request and pointed out that other types of uses could affect the ,.! urs. ­cunding parking situation more negati.vely t.han the Bert.,hesda Home. It i,,, not uncommon for non- us,,as to have parties and guests who find JLA,.- necessary tee Dark on the streeLs, or in front of other neighbors. Mr. Lee responded .that past experience does not show that visitation or parking would be a problem. He also pointed out that the youngest supervisor for the Bethesda Home would be 28 years of age and the average would. be 45 years of age, Mayor Krause then asked if there was any further input from residents in the audience or persons who had not been heard on the matter and there being none:, the discussion was returned to the Committee of the Whole and the individual Trustees. Trustee Farley inquired as to what effort Bethesda was making to generate residents for their home from the local community. Mr. Lee responded that, future referrals would be acceptable from the community and probably funneled through St. John's and St. Paul's. However,,,they could not guarantee that it would be limited to local residents, Trustee Farley asked as to what techniques Bethesda planned to introduce the neighborhood to the residents and their operation:. Mr. Fathour, anemployee of the Bethesda Homesindicated that they would have a dedication ceremony where they would invite neighborhood residents as well as Elected Officials and that subsequent visits to the home could be arranged by appointment. Mr. Farley related his previous experience in a former community where he lived for 27 years that, had a similar group care home that there were no.,problems with the surrounding neighborhood. Based upon his experience, his attendance at the Zoning Board of Appeals meeting and hearing all arguments, he was ,in support,of the Bethesda request. Trustee Wattenberg expressed his opinion that the unexpected can always occur without any;predictabil,ity. No one can give full-proof guarantees for the future. Mr. Wattenberg was in support of the Bethesda request and stated that the Village ought to use our advantage in life to help those people and open our arms and welcome these people to our community. Trustee Floros indicated that he had attended some church meetings as Well as the Boning Board of Appeals meeting and he wishes to cMominend the neighborhood residents in their manner ;and decorum: in responding to this issue. He further indicated be had no reason to oppose the case and, that the fear, of declining values has been, a similar argument that was expressed in the past when R,andhurst was built, when Prospect Plaza was built and 'when the Sunset Day Care Center was proposed. in none of those instances has the Village seen any evidence of declining property values. Trustee Miller reported that he had his own research staff review the study that was submitted As an exhibit to the Zoning Board ofAppeals and it was reported to him by his staff that the methodology and the statistics of the study are sound and well prepared. Trustee Miller referred to the results of the study that indicated that there was no deline ofl�property value or increase in crime rate in the neighborhoods where group care homes were located. Mr. Miller reviewed a Mount Prospect Herald article of October 19 where the reporter discussed group care homes in the Village of Palatine where one of the homes is located and that none of the residents indicated any objections. Mr. Miller pointed out that both moral and legal teachings guide us to the solution to recognize the rights of these people and Mr. Miller moved that the Bethesda request be approved and this motion was seconded by Trustee Wattenberg. Trustee Arthur reiterated his position that he could not dispute the conclusions of the study, but he did question that when such studies are performed by sponsoring agencies that have a self-interest, one must seriously evaluate the motives of the author., Trustee Arthur also expressed his opinion that the Village of Mount Prospect could become a magnet community because of the current Ordinance on the books and pointed out that there is an existing home on Elmhurst, the Bethesda Home is now proposed for Linneman and that according to a recent newspaper article, a home being proposed for Arlington Heights has as its second choice of location the Village of Mount Prospect. Additionally, the Village of Mount Prospect has been approached by the Rauenhorst Corporation where they were seeking to locate an alcoholic treatment center for 25 members and it was Trustee Arthur's conclusion that this does indicate that there is going to be a growth of these group care homes in the Village of Mount Prospect because of our local Ordinance. Trustee Arthur indicated that the petitioner meets all of the requirements of the Ordinance and if it is the Village's determination to turn the request down, he could foresee that it would be impossible for a judge to rule in the Village's favor since the petitioner had met all of our own local requirements. Trustee Arthur again expressed his opinion that he is not opposed to developmentally disabled homes, but to rehabilitation homes except those for the abused persons. Trustee Arthur p"ointed out that he would defer making a decision on this matter until after the November 2 Referendum on the repeal of the Rehabilitation Home Ordinance. - 7 - V. Trustee Murauskis indicates that since t":Y.t imittee of the Whole does not require formal action am '-.at formal action cannot be 'taken until the Board meeting after the Referendum, she would also defer her decision.Trustee Mursuakis had not received a copy of the 'transcript Datil 10:00 p.m. the previous night and that she would need more time to digest all of the transcript information. Subsequently, a poll of the Mayor and the Board indicated that Trustee Farley, Trustee Wattenberg, Trustee Miller; Trustee Floros and Mayor'Krause were in support of the Bethesda request for a special use and for a variation.' Trustees Arthur and Muraskis°indicated they could not express ,their vote on the matter until after the Referendum. Subsequently, the Village Manager was instructed to prepare the Ordinances and place them on the next available Board Agenda.. Mayor Krause then called`for a recess at '10:00 p.m. The meeting was reconvened at 10:10 p.m., with all members present with the exception of' Trustee Wattenberg. SIGN ORDINANCE Mayor Krause reviewed for the Committee of the Whole that at the previous meeting, the Village staff had reviewed all the sections of the proposed Sign Ordinance except the amortization schedule. Steve Park, Village Planner, reviewed that the amortization schedule contained in the draft presently being reviewed by the Mayor and the Board states that all signs will come into compliance within 10 years from the date of their permit. Initially, the staff and the Sign :Steering Committee had recommended compliance within five years from the date of the permit and through the review process of the Planning Commission and the Zoning Board, it was modified to the present language. Mr. Park pointed out that 50% of the existing signs are non -conforming and that one-half of those have no sign permits and are, therefore, illegal and would have to comply immediately with the new Sign Ordinance'. After some further general discussion, Trustee Arthur proposed that the intent of the new Sign Ordinance is to look towards the future and bring in all of the signs into compliance and not necessarily to punish those that have operated in the past either because of a lax Village policy or an unmanageable Sign Ordinance. Trustee Arthur, therefore, proposed that `all exist:.ing signs be grandfathered as legal non-conformin; and with the effective date of the passage of the Ordinance any sign that requires change would come into :full compliance, any sign that does not have a. permit wouid be required to secure a perm—'at the regular fee and that all sign,,.: t:Ciat <rr-e either illegal or non -conforming have full. cuc iipliaac. wi]_`.n ten years from the date of the Ordinai.-,ce. Mr. John Eilering, representing the Chamber of Commerce, indicated that they support the. Sing Ordinance as it is presently drafted and that they would support the amortiza- tion schedule as described by,"Trustee Arthur. After some further general discussion on the part of the Committee of the Whole, the Village Manager was instructed to have the Ordinance drafted with the amortization schedule as described by Trustee Arthur. The Village Manager commended the Community Development staff on the work and their patience in preparing this Ordinance over the past ten months. VI. ALLEY VACATION The Village Manager reviewed with the Committee of the Whole the staff recommendation to vacate the alleys in the vicinity of Wille and Kensington for nominal fees,of $1.00. The vacation procedures would require that one-half of the alley go to each abutting property owner. After some general discussion on the part of the Committee of the Whole, the Village Manager was instructed to contact the neighbors and forward this proposal to them and place the subsequent documents on the next available Village Board Agenda. VII. MANAGER'S REPORT Village Manager reviewed the schedule for the issuance of Bonds for the acquisition of LAKE MICHIGAN WATER through the Joint Action Water Agency. The Board of Directors of the Agency will review the Water Agreement on November 5, the Agency will visit the Bond houses in New York on November 10 and 11 and that the respective local communities will adopt the Water Agreements by November 16. It is anticipated that the Bond sale would occur either the week prior to Thanksgiving or the week after Thanksgiving with the second alternative as most likely. The Village Manager indicated that staff is preparing work on the BUDGET and if any Trustees have any areas of emphasis or program service level changes in mind, they are to contact the Village Manager's Office. 1 The Public Hearing for the TAXI COMPANIES is scheduled for Novem')er 9, 1982 and both companies have filled out app.Lications, The Village Clerk has published the necessary documents in the local newspapers. There being no further business, the meeting was adjourned at 10:46 p.m Respectfully submitted, TERRANCE L. BURCHARD,, Village Manager TT'R / row Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: Village Manager FROM: Village Clerk RE: Taxi Cab Stands DATE: October 28, 1.982 In response to your questions concerning taxi cab stands and the possibility of two new companies operating within our boundaries, Section 18.1310 (Traffic Code) states that no vehicle other than a licensed taxi cab shall park in the designated areas. Schedule VI of the Traffic Code designates the first 1.1.0 feet west of Emerson Street, on Prospect Avenue, as a taxi cab stand. That is the only designated area in the Traffic Code. I polled other local communities, those along the Northwestern tracks, and they approach this subject the same as we do, by designating areas in the Traffic Code. The areas designated are strictly on a first come, first serve basis, regardless of the number of cabs or companies in operation. Those communities with rather large hotels also designate areas for taxi cab stands in front of or close to the front of the hotels. If there was any possibility of expanding the area now designated for taxi cabs at our train station, requiring widening the roadway, that would be ideal, however, in the event that is not possible, I would suggest we designate the entire block on Prospect Avenue, from Main to Emerson, except a reasonable area at Emerson to permit vehicles to maneuver a right turn from Emerson onto Prospect. Carol A. Fields Village Clerk caf / CNTRAE N TR d E Y, R3 Ie ROD! V712 jj:5 3 3 1! w 4 BUSS AV E- A, Ie ROD! V712 Existing Designated Cab Stand Area Fi Y- Wi NA14, .5"c. . GO . ...... ... 61 GRETN,, . . . . ....... lot 67 lo sg 7. 4. 4. - — ------ -- --- o 3 Itl .qp 97 Is 43...•- ...... lz 17 1c Y1 !ejL 8 RN 2 2o 9f 7 L7 IL 64 o. .... 1 4T ­ a a 4 11 Itl Existing Designated Cab Stand Area Fi Y- Wi NA14, .5"c. October 22, 1982 Ms. Carol Fields, Village Clerk Village of Mount Prospect 100 South Emerson Mount Prospect, 1L 60056 Dear Ms. Fields, Enclosed please find our application for Mount Prospect Taxicab Licensing. We feel that we have responded to your licensing questionnaire sufficiently but stand ready to provide any additional information you may require. Y William J. McDermott President - Courier 2000 WJM:cb attachments • • 821, ARLINGTON•111 312/577-8230 312/255-8383 APPLICATION FOR TAXI CAB LICENSE Company Name: Courier 2000, Inc. 255-8404, _._.... Phone: Address: P.O. Box 821, 1314 W. Northwest Highway Arlington Heights, .._._.... ._._.._ 004 Applicant's Name: William J. McDermot�.__.......__._.._____..._.�....__._ Position: - President __._.. _ _._..w.... __.._. _ Phone: 577-8230 In accoreance with Section 11.1102 of the Village Code, a company submitting a request to operate a taxicab business in Mount Prospect must provide the following information: 1. Financial status, including details of unsatisfied liabilities; 2. Applicant's experience in the transportation of passengers; 3. A factual statement setting forth the reasons why additional taxicabs are necessary for the public health, safety and convenience of Village residents; 4. The number of taxicabs proposed to be operated and controlled by the applicant; 5. The make, model, year and seating capacity of each taxicab proposed to be operated under the license; 6. The location of applicant's proposed place of business or taxicab depot; and 7. Such other information as the President -and Board of Trustees may from time to time require. - 10/82 -LERK"S OFFICE - VILLAGE OF MOUNT PROSPECT 100 SOUTH EMERSON STREET MOUNT PROSPECT I 60056 (312) 392-.6000 ryw - NAME OF BUSINESS _._.._...... CL121CC 2000fnC _...,._,._ BUS BNESS PiEOP1E ...._ 255-8404 ADI76tE55 OF BUSINESS _1314 W. ICrxihs� s _JC _T ._... E � _ ' IF BIB.L°°SENT �. /QIP Z�r1 TICS 7TH � 0 � .ry ENT TO HER ADDRESS: COMPLETE THE FOLLOWING T IT Y/ TATE BS TO BE S Courier 2000 in �AM _.. __.._T. _._..._ ADDRESS _P.O.�OIox 821 _._ CBTY%STATE/LTB' Art TTS � C(7J04 yA I — — IF SOLE OWNER: NAME OF OWNER ti11]cI1Tl T ..IC�„71?,IlEkJC TEI,EP&TONE _ RESIDENCE ADDRESS p .p EIIY/STATE/ZIP:. � r IF PARTNERSHIP OR CORPORATION'. ; K ' I AME _ _.:., _ _....__.Pr dent TEPI^OE 894PDs1T10 70 L RESIDENCE ADDRESS£?C.... 5 ._b..._ ..CITY/STATE/ ZIP x NAME .._._..,_ Ia'T..J.v.. uctTnTn.....,.__._,.,.w_ POSITION M Scg rt ryx 4,,ur TELEPHONE .,f79-1694 rt RESIDENCE ADDRESS 4930 K1;I"ICSi CITY/STATE/ ZIP NAME _ ...- POSITION _ _..... _...... .......... TELEPHONE RESIDENCE ADDRESS .-_.. ... CITY/STATE/ZIP STATE TAX NUMBER 363152271 DATE BUSINESS Is OPENING m,... M..w......-.__-_. .:__ ___w. _ Y• OF BUISNESS SQUARE FOOTAGE TYPE _-.......... __. IN CASE OF EMERGENCY OTHER TMAN ABOVE NOTIFY. NAME ........__. ..,...._. _,m...w_... POS I'T I ON TELEPHONE . FII'-L 1N T`HE. INFORMATION AS IT APPLIES TO YOUR LOCAL BUSINESS: HUMBER-OF VENDING MACHINES ON PREMISES AND VENDOR. w__ _-.- FODD VENDING VENDOR _-_.... _ ADDRESS --- GENERAL. VENDING _ VENDOR ..:_ ADDRESS _ --._ PUKE Box VENDOR ADDRESS _ GAME & AMUSEMENT FIACHINES VENDOR _.....,._, ADDRESS ---------- _. CIGARETTE MACHINES VENDOR _...__.._...._ ._. _-.._ ... ADDRESS ARE CIGARETTES AND/OR CIGARS SOLD OVER THE COUNTER? YES No ARE TOWING TRUCKS INVDLYED IN THE OPERATION OF YOUR BUSINESS?. "' YES NO HOW MANY? ARE FOOD TRUCKS USED IN THE OPERATION OF YOUR BUSINESS? YES NO HDW MANY? .` DO HEREBY CERTIFY THAT THE FOREGOING INFORI-IATION HAS BEEN FURNISHED BY ME AND TO THE BEST OF MY KNOWLEDGE IS CORRECT, _ DATE a. October 22, 1982 Page 3 Courier 2000, Inc. Courier 2000, --Inc, is -in- the business -of .trans porting persons and packages for hire. We are the owner of Arlington Best Cab Company and currently operate twenty-eight (28) vehicles serving the munici- palities of Arlington Heights, Schaumburg, Rolling Meadows and Palatine. We wish to serve the residents of Mount Prospect through Arlington Best Cab Company. Mount Prospect has a substantial senior citizen Population and it follows, therefore, that there exists a large need for taxicab service. We are confident that we have the ability to assist Mount Prospect in satisfying this need. We have transported literally thousands of senior citizens comfortably and efficiently and recently have contracted with the Paratransit Resource Center and Northwest Community Services to provide this service in Elk Grove Township and possibly Wheeling Township. In the event that you grant us a taxicab license, your citizens will benefit from our experienced and sensitivity trained personnel. October 22, 1982 Page 2 Courier 2,000, Inc. Current Monthly -Income Dispatching Fees (Taxicabs) $9,990.00 Package Vehicles 1,000.00 Billing Differential 1,500.00 Others 675.00 Monthly Expenses Wages Rent Telephone Legal Accounting Office Supplies Liability Insurance Misc./Cost of Sales Total Liabilities And Debt Retirement I.R.S. J.R. Newgard Birks Transportation 12 WNor 1M 40,000.00 500.00 1 $5,300.00 625.00 1,000.00 300.00 300.00 250.00 50.00 500.00 $8,325.00 October 22, 1982 Page 4 Courier 2000x Inc• Courier 2000, Inc. Arlington Best Cab Company P.O. Box 821 1314 West Northwest Highway Arlington Heights, IL 60004 William J. McDermott Director, Sole Shareholder* and President Michael J. Cummings Secretary -Treasurer r. Cummings has an option on 24 of Courier stock October 22, 1982 Page 5 Courier 2000 Inc. We initially propose to operate/license six (6) vehicles in Mount Prospect Taxicab Number 251 280 283 290 295 263 Make 1979 Ford 1978 Plymouth 1978 Plymouth 1979 Cheverolet 1981,Plymouth 1978,Plymouth The above vehicles are all four door sedans with seating capacity for five (5). � .TAXIOctotLer 20, 1982 / ' Mr. Terrance 8urghard Village Manager � Village of 14ount Prospect � lOU S. Enienoon St. ' xo"nt Prospect, 11. 600G6 / Dear Mr. 8urghard: ' This letter is n request to operate a taxicab business in Mo nt P on behalf mfAnerican Taxi, per my conversation with the Vilu r»sPect on October 12, /aSe Board The following information is submitted according � to the fo by the Village Clerk. Any other questions or informatj rm gi «en m« will be at Your disposal at 253_3545, on You may need 1. American Taxi Dispatch, Inc. has no unsatisfied liahiliti or judgements against it. We have also submitted esledger sheet for the month of September. 2~ American Taxi Dispatch, Inc. has been in the taxicab busi- ness for seven years, starting in Glenview with two cabs ~ It has grown to represent a ISO cab fleet operating in I~ North and Northwest suburbs.In add�tjun we T ' Dial~A-Ride programs for Deerfield, Skokie," Nansn operate Trier Townships~ and Palatine Township, hip h Northfield, Ne* on other programs. AoericaTa�f l ° w'` o/o� pending ~ subsidized senior citj ^ n also participates �n the citizen's taxi program in all villages that have these programs. 3° American Taxi Dispatch, Inc~ has been receiving'c»em hed z ca//o within the last six months for service within or unable residents either dissatisfied with m�n ��e to receive adequate service from the present company oper- ating in Mount Prospect. At this time,l would like to point out that according to your Ordimunce #2g3 � X%° Section 31.II35° taxicabs licensed elsewhre " Article charge and accept but not solicit ere n�y dis- charge in the village PHONES: �2u'1(* ��*)*«w 251v«/ mw /ux 9n.o444 October 20, 1982 Mr. Terrance BarShard Village Manager Village of Mount Prospect which means an out of tuwn cab company may accept only-� _those rides which~ are p=^"^".e (O'Hare, Loop and out of town orders) while ignoring the rest of the riding public wbo want local service. We believe a cab company should service an entire connunity° not just the profit- able runs. We als-07-eTTeve the customer should have freedom of choice, not available when a company has a nunnpnly. Being a derrand-responsive service husinesc we thrive on competition. The Chicago Area Transpor"`a tion study hos endorsed this concert, and the Northve"t- �bnidpal Conference is currently studying the CA T model ordinance. ~ ` `^` 4. �e are requesting 12 licenses at this time. 5. All cabs will be four -door, six passenger cars less than 4 years old. Because of the nature of our operation, specifics are not available, but will be submitted a"` the time of licensing. 6. American Taxi Uispatch° Inc. is located at 925 E Rand Rd Suite #204° Arlington Heights, ll. 60004. E. ^" J. ] will be at your disposal to answer any questions the board may have, YoursWe look forward to doing business with you. and I remain AMERICAN TAXI DISPATCH, INC. ^ � Vice President XC;:dxb Enc, i)� UD SC)Ul Pi Ok IL rRSON STREET '� S " PROSPECT ILLINOIS 60056 X Tnc 253-3545 tT1P1^$CciFt T3Xi CIIS sd'irone Busines T.cacrc of£tusznc;s �" patch, alAadacssofusuress 925E Rand Rd. #204 Arlitl tiIII He' I' 6fiC!(i4xncaeen'cyi'horrc291 1347 a — u w zr4 F I ILt IS iO HE S�PII TO AttOTkflER AOIIRESS OTHER THAN 'IHE 6USINESS ADDRESS LISTED ADD E, COMPLETE THE FOLLOWIH6 x A N,in e 1F SOLE OW Name CfOwrrr(s itcsaaenceAddress Tcicp"hone m Btesaaearcx Aadress" i e]ephor OR CORPORATIONl , Name`r i y at c 5 C' '"1 r "- saarnrc Aac rest 1z1 3 st laiis9 = teiephon 9 $673 Randy boss lilac pias dala Aaaress4511 N Erarlci!ko,Chicago retephnnc 5307- 9 5545 cexaen DATE gUSINE55 OPENED IN OUC.T R05PECT In case of cryrr/zycr¢cncg=, o(tf er t}Tara ai iove notify Qiaila I:i` arnr: ion _.... . m .w_ ..._ T1ri>krone: 743-549 _ f osrt . Type o.!'Bur uie.s T4xiCab EiiS? atq _ n%T"irr taac 3riforanation as rt apyrlies to y%our7 iv`Luaatscr crf ending h3achxnes on pr;n Food Fendt _F C'211dy Vendsrsg' O"UnballVeaadirM r rsc en venaan -,Om Ainusern nt (Maisrc • ,eQ .:.r x. 4�+rvµ -.,. ..... Cr ?arcttC ]liaC.ia, 1 Are Ciaattcs an i,E�c Are. lowing frac&s'involved Are food true}:s rrsea"zrs g3pc" rrr_. c arr to the best d O I of fray lnow.iedZe rs crrrrect ate rotape: �=E- A RED.-. -0_-, AUC - ­­%- - - D" --ED =CL'ENT C/O John Coyne 925"— ;1 Rand Road 204 Arlingt I . ts-0 Illinois 60004 Sapt3mber 30, 193? w.104 ------ ­­.._­'__ . . ........... OPERATING STATEMENT -- --- ---------------- INDEX DESCRIPTICN CUR2r_NT mONTH SIX MONTHS, PERCENTAGES ------ YEAR TO DATE MONTH YTD 3.0-.?- ------ ---------- __ O.u. --- TD A1__.3_kL E 1 Qua -T -------------- Z CSS 1 40,�l 0 i 0 G- ---- COST. n'= 4 i.-- ---------- --.4.1.5....•---- G.r. -Wa4es ----------- ------ O.tA t s.j o a.;gv. a ........ --------- 42,131.aC ------- -------- ------------ �e, _.w. T DIAL_ C.0, 11_ PT 5.AL_ES__ - ----------- ------ -------- ------------------ 5..4Q'-----43..9 .c- 2 ---------- ....... _3 _,r) C nl....... _,..43..._,x:.. ----- --- ------ 3-.--_--_--z-3 -- ----- P..e. n .. .... fvZ__ 42_7__ ------- _ ---- ------ -t ------ ...... . ... 2,79_0.ao---- ---------- I --------- 5.2 h ---------------------------------- 2_4 ----------- I —7- -------------- 5!-4,_* ---- 5 35__ A, ci _v. ar.t is n_g Tr's.ur.anL'= ------_-•_6_9---- ------------- --- 5:$- 5.3.9------ ------ ------- --- ------ -- -- ------ T. r --av a I n +.�� r ta jr-,A p -a 7, _542 --------x..93.._.. 543- --__ Tax_ 47 .............................................................. ...... -------- -------2•-7'- ... 545 ...... ... ..... .. ...... 1. 43. 4 ............ .. ... ................ .... ................... * ---------- * .......... __4 3__1__ 5.5 ?..,......,,_A ---------- -3------------ -- SSr w.tQ ..°__T_r jj.r_k --- Ex-ner-sae. ales ---------- .54 ....... . ....... L.vq-_zc,r-t1, . . ­ - - Q c ------IS.-Go ------------------ ------ ---- -------- 574 ---- --------- ----- xp e D ........ ---- A fr-o t 4 - ----------- 2-T A�4� 7 h. --------s-5----------2.1_ -------------- -r- - �zQr .. .. ... ... .... ------ ---- Lr_ .9 2 G—C 0 --------- 1_1 ....... 59- S c r j- p __Iio S ms.a.31 r ............ ...... ...... 4..U__ V.. n .......... 596--------- ­­ Re -------------- ...... ------------------.Q-TAL - -- ----- - T _4 ---------------- ----------- -------------Y A R... TC ZATC 2509 Z.4- - -------­------------- -_ --------- --- ------ ------ --------------- 2 /#:t- ===== ------- �=E- A RED.-. -0_-, AUC - ­­%- - - D" --ED =CL'ENT Village of Maunt Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM FROM: R. DORAN, DEPUTY CHIEF ADMINISTRATIVE SUPPORT SERVICES SUBJECT: TAXI CAB LICENSING DATE: 20 OCTOBER 82 Per our recent discussion, Arlington Best and American Taxi were contacted to determine the number of cabs they propose to assign to Mount Prospect and their internal procedures forsafetyand maintenance of vehicles. Their responses to the various issues being studied are: 1. Number of cabs to be assigned to Mount Prospect. American - 4-5 cabs Best - 7-8 cabs 2. Type, extent and frequency of cab inspections by company. American - Company conducts general inspection every six (6) months, checking brakes, tires, lights, body damage, interior and trunk. Best - Company conducts no inspections. -Relies on inspections conducted by licensing Village. 3. Voluntary inspection of cabs at State Safety . Lane. American - Only if inspection required by licensing Village. Best - All cabs go through State Safety Lane. 4. Does company check meters for accuracy and how often. American - Company checks once or twice a year by time and mileage. Best - Company does no checks. Relies on licensing Village to conduct checks. It should be noted that American, in their letter of September 9, 1982, requested twelve (12) licenses while their response to our inquiry was 4-5 cabs. Village of Mo` t Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: Terrance L. Burghard, Village Manager FROM: T. P. Luehring, Director of Health Services RE: American Taxi and Arlington Best Cab DATE: October 11, 1982 American Taxi has 80 - |UO cobs throughout the Northwest suburbs. American has u good management reputation along with a gond service reputation' Arlington Best Cab has 28 cabs, and operates in 4 communities. They have a good reputation in Arlington Heights, DISPA, SERVICE AGRFINENT THIS AGM -141-2,1T i.S made and entered into this . day of ­. . .. _— ..._, 19_, bY and beton M4ERICAN_U_�I DI!:,PA1PCM, INC. an"D'131_n 6i -s corporation (lie-reinaf tx2r referred to as "TAXI CO."") and TF r le!e_rred to as "OVISTER"); M�__U_M � WHEREAS, OWNER is -desirous of obtaining dispatching service from TAXI CO. Pursuant to the terms and conditions mentioned herein; and WHEREAS, TAXI 00. is desirous of providing dispatching service for OWNER Pursuant to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained and other good and valuable consideration, receipt of which is hereby acknowledged by both parties, the parties hereto agree as follows: 1. TIM CO. will provide its standard dispatching service (here- inafter called "dispatch service") including, but not limited to: A. Forwarding calls requesting transportation service that are received by IMM 00. (calls requesting service shall be defined as any call on any phone number that a= Co. dispatch service pursuant to any contract specifically entitled Dispatch Service Agreement or to the owners of TAXI 00. or said owner's vehicle (s) is directly associated with) B. Providing dispatch service that is operational 24 hours a day, seven (7) days a week, except any prevention, delay or- stonpage due to strikes, lockouts, labor disputes, acts of God, inablity to obtain labor or materials or reasonable' substitutes therefor, governmental restrictions, governmental regulations,, governn-ental controls, enemy or hostile govern- mental action, civil commotion, -fire or other casualty, and other causes jny2nj ��e reasonable control of TAXI CO. shall excuse the performance by TAXI CO. for a period equal to any such prevention, delayorstoppage. C. Providing dispatch service by qualified dispatchers, who shall have a minimum of two (2) days training, provided - by TAXI 00. Said dispatchers shall also have reasonably sufficient knowledge of: 1. TAXI CO.'s dispatch service rules and regulations; 2. geography of the area they are dispatching for; 3. location of taxi stands; and 4. terricories MUM(S) vehicle(s) is licensed to operate in. (No dispatcher shall be considered qualified if greater than 62% of all customers receiving TAXI CO.'s dispatch service sign a petition and deliver saiTe to TAXI 00. requesting removal of said dispatcher.) D. Providing a uniform dispatch service. E. Providing, in addition to the dispatcher, at least one (1) phone operator who will be available for incoming and outgoing calls during the following tim pe --'ods: r i jjDnday tl"Lru Friday 0700 to 1,800 hours, except on any national or state holiday. (Additional phone operators will be provided when necessary per business requirements.) F. Providing a taped record of all dispatch conversations for the 72 hour period directly subsequent to said conversations. 2. = CO. will limit the number of vehicles eligible to receive radio -lispatched orders on first (lst) , . Second (2nd) , or Third (3rd) call to the below listed numbers. (It is agreed betw� OWNER and TAXI CO, that there may presenay be mre taxicabs than the numbers stated below. However, vehicles presently receiving dispat^h service will be allowed to continre 4-o receive same, the below numbers to be reached solely by attrition.) a. Skokie 32 Vehicles b. Yrat:;:c--- Grove/Glenview 1. C. Morton Grove 0 d. Glenview/Northbrook to e. Glenview if f. Northbrook of g. Northbrook/Deerfield/ to Highland Park It to h. Lincolnwood i. Wilmette j. Glencoe k. Winnetka 1. Evanston M. Niles n. Des Plaines 0. Park Ridge nA)a CO. and OWNER agree that there will be no redistribution of the number of vehicles receiving the dispatch service per the above list. (i.e., One (1) Glenview/Northbrook vehicle being deleted and in its place one (1) Glenview vehicle and one (1) Northbrook vehicle being added to the list.) Numbers assigned to vehicles for dispatch service purposes will remain in those villages where the vehicles which were assigned said numbers operate and were licensed by the village(s) at titre of the initial number assignment. The above number assignn-ent shall not be changed even if the vehicles. to which certain numbers were originally assigned cease to operate in said village(s) or the OWNERS of said vehicles cease to receive dispatch service. - FEES FOR DISPATCH SERVICE 3. OWNER agrees to pay fees to TAXI CO. for the dispatch service specified herein as delineated below:_ Single Vehicle $70 per vehicle per week Multi Vehicles $70 per vehicle per wed, if there are two (2) or less vehicles, if there are more than two (2) vehicles, then $70 for the first vehicle and $60 for each additional vehicle. 4. OWNER agrees to pay the above fees to TAXI CO. at its office at no —the . ..Friday— ­ prior ­ 't' —ot the —c a -c c' ,T -r of any week during the term of this Agreement. Each week shall ccr=ence 6:00 p.m. Friday evening. 5. Notwithstanding number 3 above, every o'her Friday TAXI CO. will send for one (1) hour between 10:30 a.m. and 12:30 in the afternoon to the Skokie Swift, Dempster Skokie, Illinois and to the Northbrook Milwaukee Road train station located at Northbrook, Illinois or other designated location, an authorized representative to collect dispatching fees and I.C.C. charge tickets and to distribute reimbursement for previously collected tickets. - 2 - 6. TAXI CO. agrees to accept, but only on the days and times Specified in nixrber 5. herein, Illinois ca coerce Conjjji_s,;ion charges in lieu of cash for payment of dues, 1°j:)wcver, anytime payment of dues with Illinois amerce Ccamission charges creates a credit balance, more money from charges turned in than dues owned, the amount of the credit balance will be refunded to OWNER within fourteen (14) days of TAxi cc). Is receipt of said charges. 7. Both parties agree that if fees are not paid as and when specified herein, dispatch service will be denied by wm CO. until payment in full is received by 'Ma c,,D. TAXI CO. will have no liability for any damages, including but not limited to consequetitial damages, which OWNER may incur during the period of any denial of dispatch service for nonpayment of fees. OWNER, however, shall still be liable for the fees mentioned herein incurred during any said service denial period unless OWNER is otherwise exempted in writing by TAXI CO. 8. If OWNER neither recliiests nor receives and uses any dispatching service for any entire weekly period fr.-can Friday at 9:00 a.m. to the following Friday at 9:00 a.m., except as specified in number 4 above, MIER shall be exempted from 1.>ayrront of the prior described fees. If M&M receives and uses the dispatch service part of any day to three (3) days per week -' OWNER shall be charged one-half (1/2) of the weekly dues specified above. If OWNER receives and uses the dispatch service for three (3) or more days per week, OWNER shall pay the full dues specified above. 9. If OWNER does not pay for the dispatch service on any CW*."R vehicle for a period of four (4) consecutive months, this contract will auton"atically terminate as of the end of said four (4) month period. 10. MU CO. may increase its dispatching fees, if said increase is based on a general rate increase for taxicab vehicles. The increase in dispatching fees will be equal to the average of meter rate increase(s) plus flat rates plus Illinois C=r.rce Orximission rate increases. Dispatch fee increases, pursuant to this sect -ion, will not exceed on a percentage basis the average general taxi rate increase. 11. Any fees or other monies due from one party to the other shall earn interest at 18% per annum. Interest shall comTexice to accrue at 9:00 a.m. the day after any monies were not paid as and when said monies were due. Payments shall first be applied to accrued interest and then to reduce any outstanding balances due. ADVEIMSIM 12. TAXI Cd. agrees that $5.00 per week per active vehicle will be allocated to advertising expenditures, said expenditures shall include but not be limited to yellow page classified adver- tising, business cards and business receipts, phone stickers, rate cards, senior citizen cards and sales conTnissions and salaries of salesnien who promote TAXI CC). business. In addition, a five (5) man ccrmnittee will be elected by a majority of owners of vehicles receiving ImXI 00. dispitch service and will meet monthly with TAXI Co. to consult with TAXI Co. concerningI TAXI CO. advertising expenditures. KEEPING. OF ACCOUNTS 13. TAXI CO. agrees to keep accurate books or accounts demon- strating the payment or nonp-ayrent of the fees Ywntioned herein. OWNER shall be allowed reasonable access to said records which will be maintained by TAXI CO. for five (5) months after any monies were due. - 3 - TFRM OF AGREIMMr 14. This Agreement shall, unless sooner terminated as soecified herein, remain in force for a period of one year from the date hereof and will thereafter automatically renew, for an unli- mited number of successive periods of one (1) year. OUNER AN INDETEMINT COMMACMR. 15. U,7NER is an independent contractor and is not the agent, joint venturere, pa7rEe_ro_remployee of 00. , and, except as expressly provided herein, TAXI CO. shall not br-, obligated by, any agreements, representations or warranties made by OVMM to any person, nor with respect to any other action of OMSTER, nor shall TAXI CO. be obligated for any damages to any person whether caused by OVZ\IER's action, failure to act, negligence, or willful conduct. OWNER D\MEMNIFY TAXI CO. FOR OMER'S ACTS 16. CT12 shall protect, defend, indemnify and hold TAXI 00. (and its agents and employees) harmless from and against any and all suits, claim, demands, judgments, liabilities, costs of any nature whatsoever, directly or indirectly arising out of or in connection with the operation of CY,=s business (whenever the trademark is used in conjunction therewith) or any act or omission of ME2 or of any of OWNER's agents, representatives, employees or servants, including without limitation, claim with respect to any actual or alleged bodily injury, sickness, disease or death or any da -rage to property. INSPECTION 17. = CO. shall have the right, from time to. time, to send representatives, at reasonable times, to inspect ORNER's vehicle(s), to determine the quality thereof and the faithfulness of OM\IKR' s compliance with the provisions of this Agreement. 18. This Agreement shall be fully transferable and assignable by TAXI 00. and shall inure to the benefit of any assigneel transferee or other legal successor of the interests of TAXI CO. herein. 19. A. OWNER agrees that this Agreement is personal to OWNER and that neither this Agreement, the beneficial ownership of OWNER, or its transportation business may be voluntarily, involuntarily, directly or indirectly assigned or other- wise transferred by OWNER. B. Assignment or transfer of OWNER, MIER's transportation business or the beneficial ownership of Ovz} shall mean an assignment or transfer or cumulative assignments or transfers, lifetime and testamentary, at any time during the term of this Agreement, of thirty-three and one-third (33-13%) percent or more of the equity ownership or voting control of OWNER or Ow,=' s transportation business,- - whether in the form of common or preferred stock or any security convertible thereto or partnership or proprietorship interest. TERMINATION 21. OWNER may terminate this Agreement with or without cause effective ninety (90) days after written notice of its elect -ion to so terminate is delivered to TAXI CO. - 4 - 21. A. TAXI CO. shall have the right to terminate this AgreeTa-nt only for cause. In addition to the grounds described in paragraph (b) cause for termination shall be OWNER's failure to reasojobly adhere to any provision of this Agreeirent and to cure any such failure within the notice period hereinafter prescribed, Provided that TAXI CO. agrees to exercise its right to terminate reasonably and in light of all factors and circumstances which con- stitute or otherwise pertain to the cause of causes for ten-d-natiorA TAXI CO. shall notify R in writing of any failure. of (=ER co adhere to the Provisions of this Agreauant. This 'written notice shall specify the time period within which such failure or failures must be cured by OWNER, which shall be twenty (20) days from the date of delivery of notice to OmER., If OWNER fails to cure any such failure within the prescribed time period, TAXI CO, may terminate this Agreawnt and TAXI 00.'s election to tsnrnim�.Ite shall be effective seven (7) days after written notice thereof is delivered to OWNER. TAXI CO.'s notice to OWNER of its failure to adhere to one or more Provisions Of this Aga.-eelTent and TAXI CO.'s notice of termination shall substantially describe those failures and, in the case of a notice of termination, those reasons for termination Of which TAXI CO. has knowledge on the date of the riot -ice, provided that TAXI CO. sliall not be limited to the reasons set forth in any such notice in any judicial proceeding in which the validity of the termination of this Agreement is at issue. B., TAXI 00. shall, where permitted by law, have the right to terminate this Agreement irrndiately and without other cause or prior notice to OWNER in the event that OWNER: (1) makes an assignment for Lhe benefit of creclif.tors; (2) makes a written admission of its inability to pay its debts or obligations as they become due; (3) files a voluntary Petition in ban)a.-uptcy; (4) is adjudicated as banks-upt or insolvent; (5) files any petAtion or other pleading seeking any reorganization, arrangement, composition, readjustw-nt, liquidation, dissolution or similar relief under any statute, law or regulation, or admists or fails to conteft the nuterial allegations of a petition or other pleading filed against ow .,R In any such proceeding; (6) seeks, consents to or acquiesces in the appointrie-nt of any trustee, receiver, or Liquidator of OWNER, its taxicab business or all or a substantial part of its assets or fails to vacate the appointment of any trustee, receiver or liquidator for any such pUrNse within thirty (30) days of such appointnent; (7) perrriits the continuance for more than ninety (90) days of any proceeding against OWNE11 seeking any reorganization, arrangement, conj)osition, readjustment, liuqidation, dissolution or similar relief under any statute, law or regulation; (8) fails to within thirty (30) days of the entry of a final judgment against M,MR in an arinunt exceeding Five Thousand ($5,000.00) Dollars to discharge, vacate or reverse such judgment or to stay e1xcx_-ution thereof pending appeal, or to discharge any such' judgment which is not vacated or reversed within thirty (30) days after expiration of such stay of execution. Notwithstanding anything containe d in this Acj_reErrent to the contrary, in the event the Provisions Of this Agreement provide for periods of notice less thin tR)se required under applicable law or provide for tennination, cancellation or non -renewal for reasons other than those allured under applicable law, then such Provisions shall to the extent they conflict with such law, Lx-, ineffective and TAX, Co. shall conply with applicable law. C. If fails to cur-, as specified --ui 14.A. he -rein, and TAXI CO. teamdnates this Agreement, and OWNER challenges TAM 00.'s termination; then bA--ity(20) days after mailing of a notice requesting a three (3) ran Hearing Board (bereinaftcx ca--,-j.--d "the Board") is delivered to one party by the other party the Board shall comTence to --r-at. The Board shall be comprised of one representative of TAXI CO., one reprp4entative chosen by UokIER, from among the other tradE-.Lzk and servicemark licensees of TAXI (DO., and one person from any 'v --)a fide arbitration association or zervice, said person to be- choserr -by the _other two. The Board shall have the authority to deter- mine whether the OWNER was or is in default based on sufficient grounds, and what, if any sanctions, actions, penalties injunctions, restrictions, obligations and monetary payments should be imposed upon OWNER. Majority vote of the Board is necessary for any determination, and the decision of the Board shall be binding upon OWNER and TAXI CO. D. OWNER will notify TAXI Co. in writing if OWNER determines that TAXI CO. has failed to reasonably adhere to any provision of this Agreement. Said notice shall specify the act -ions or inactions by = Co. which constitute TAXI CO.'s failure to reasonably adhere to a provision(s) of this Agreement. This written notice shall specify the time period within which such failure or failures must be cured by TAXI CO., which time period shall be twenty (20) days from the date of delivery of notice to TAXI CO. If TAXI CO. fails to cure any such failure within the prescribed time period, OMER may elect to convene, upon written notice of same to TAXI CO., the Board to determine whether TAXI Co. is in default of this Agreement, and what, if any, penalties should be imposed upon TAXI CO. ADDITIONAL REMEDIES OF. TAXI CO.. 22. In addition to all of the remedies granted to TAXI Co. by this Agreement, TAXI CO. shall have the right to bring suit against SER for actual damages sustained by TAXI CO., caused by the breach of any one or more of -any -of the provisions of this - Agreement. Further, TAXI CO. shall have the right to bring suit against UZIER's partners, shareholders and directors, as applicable, for actual damages sustained by TAXI CO. and caused by the breach by any one - or more of them -of any pro- visions of this Agreement which they have personally -under- taken by reason of any supplemental agreement or addenda hereto, and for exemplary damages and such injunctive and other equitable relief as may be appropriate only by a court of law. ADDITIONAL REMEDIES OF OWNER 23. In addition to. all of the rem ecUes granted to CFATER by this Agreement, OWNER shall have the right to bring suit against TAXI CO. for actual damages sustained by OWNER, caused by the breach of any one or more of any of the provisions of this Agreement. Further, OWNER, shall have the right to bring suit against TAXI 0O.'s partners,-- shareholders and di -rectors, as applicable, for actual damagids sustained by OWNER and caused by the breach by any one or more of them of any provisions of this Agreement which they have personally undertaken by reason of any supplemental agreement o., addezyh hereto, and for exemplary damages and such injur ti.te and other equitable relief as may be appropriate. - 6 - 24. A. Section and paragraph titles are used for convenience only and are not a part of the text hereof.. B. The preamble recitals are incorporated in and -,de part of this Agreement. - 25. A. This Agreement constitutes the entire Agreement of t1le parties (and into which all prior negotiations, ccm-nitirents, representations and undertakings with respect to the subj--ct matter hereof are merged) and except as herein provided there are no other oral or written understandings or agreements between the parties hereto relating to the subject matter hereof. B. This Agreement is not based upon any representations as to profits, not has any other representation not herein expressly set forth been made to induce OWNER to accept and execute this Agreement. C. No an-endMent or other modification of this Agreement - shall be valid or binding on either party hereto unless reduced to writing and executed by the parties hereto. 26. TAXI CO. does not reserve control over OWER or any of OWNER's owners, directors or employees, except as herein provided with reference to the requirement that OWNER comply with the provisions of this Agreement, nor shall TAXI CO, have any control over the employment, discharge, CUTpellsation or working conditions of any owner, director or enployee of OMER. 27. All terms used -in any one number or gender shall extend to - mean and include any other number and gender as the facts, -- context, or sense of this Agreement or any -paragraph or sect -ion hereof may require. 28. I%b waiver by either party of any breach or default or series of breaches or defaults in performance by the other party, and - no failure, refusal or neglect of either party to exercise any right, PcF,4--r or option given to it hereunder or to insist upon strict ctrpliance with or performance of the other party's obligations under this Agreement, shall 'constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict ccmpliance "with the provisions thereof. . 29. If OWNER (S) is required to make any appointment or elect any conudttee and cannot do so within 15 days of TAXI Co. Is request for same, = Co. shall make said appointirent or elect said cormdttee. 30. Notwithstanding anything contained herein to the contary, OWNER and TAXI Co. shall conduct its business and nuintain and service its equiEnent in a lawful manner and so as not to violate any law or regulation of the United States (Canada, if applicable) and the state, city and/or other political subdivisions in which it conducts its taxicab business. 31. A11 provisions of this Agreement, and any supplemental agreement or addenda hereto, shall be severable, and no provision(s) shall be affected by the invalidity of any other provision to the extent that such invalidity does not also rei-der such other provision invalid. In the event of the invalidity of any provision of this Agreement, or any supplemental agreement, or addenda hereto, the remaining provisions shall be interpreted and enforced as if all provisions thereby rendered invalid were not contained in this Agreement or any supplemental agreement or addenda hereto. - 7 - 32. Beneficial owners shall roman and include all persons owning any sole proprietorship, partnership, joint venture and shareholder interests in CMim. 33. dl notices permitted or r( --,<--a , ii.red to le delivered by the provisions of this Agree.-Y,,nit shall be deEmed so deliver(�d when actually delivered by hand or when placed in the United J2', States Mail by R?gistered or Certified Mail, ;Zeturn Receipt Recd iesti4, postage prepaid and addressed to rIMI CC). at 925 E. Rand Road, Suite 204, Arl-ington Hell;hts, Illinois 60004, or to such address as TAXI Co. shali frondtimeto time designate, and addressed to MIM at the latest cur -rent business address of which TAXI CO. has been notified and vice versa. - 8 - ACKM04EDGMENT . . OWNER on behalf of itself and its �eneficfa1 owners acknowledges that it has carefully read and understands the contents of this Agreement, and all — other related documeot� to be executed r�ncurrently or in conjunction with �he execution hereof, that it has had the opportunity to obtain the advice ~ of co'nspl, arT3 that it intends to comply therewithd b bound thereby. an e oun ATTEST: AMERICAN TAXI CO. BY ATTEST: ` AJ-JERICAN TAXI CO. ("TAXI CO. ") DISPNDMING SERVICES I. Calling orders by Dispatcher A. All orders shall be called in the sane manner, regardless of who is dispatching, or what time of day. The following sequence shall be - used:. --At - the post. At the -post means any customer receiving = CO.'s standard dispatching services ("dispatch service") said custony-r, (hereinafter called "Owlt'-and the term OWNER includes OWNER or a driver of OWNER(S)' vehicle (s)) must be in the designated post area, with OWNER's vehicle in park, and the first OWNER vehicle in line at said post. The order will be called at the post twice. If the dispatcher calls the order at the post twice and the head OWNER vehicle does not respond, that vehicle is out for that order, and the order is automatically awarded to second up OWNER vehicle. (Exception to the above will made for radios which have bad reception not due to an improperly functioning radio). The first OWNER vehicle must take the order, any OVt&M vehicle refusing or not filling an order will not be given orders for 24 hours. Only OWNER vehicle(s) licensed" to operate by the village, town, etc. shall be allowed to bid in said village, town, etc.) B. Second Call If no OWNER vehicle responds when the order was called at the post, the dispatcher will call out the order as a second call. The manner of calling the order will simply be the post number(s) and the words "second call". Any unit that is licensed by the town (as specified above) may call for the order if OWNER vehicle qualifies in any of the following ways: 1. Within ten (10) blocks of the post. (Skokie only) 2. On an adjacent post in the same town. 3. Within ten (10) blocks of the order. (Skokie only) 4. Within post area or adjacent post area or post boundary (Northbrook and Glenview only). The dispatcher will award the order to the closest unit to the order, that he hears. Closest order by blocks in Skokie; straightline method used elsewhere. C. Open Calls If the dispatcher does not hear any OWNER vehicle during the second or third call listening period, (listening period approximately 5-7 seconds) he will then call the order open. The manner of calling the order open will be to announce the post number(s) and the work "open". Any OWNER vehicle may bid on an open call. Once thL order has been called "at the Post", "second call", and "Open" the dispatcher will continue to call the order as open. This means that the dispatcher will no longer give location calls or destinations. The order will sLiply oan- tinue to be called by post number(s) and "open" until such time as a OWNER vehicle bids for the order. Dispatcher on first or second call shall not, under any circumstances, award an order to an OWNER vehicle not licensed in the town where the order originates. D. Order Refusal Once a OWNER vehicle has been awarded an order on second, third or open call, said OWNER vehicle must accept that order -an'less that order is a "chase". (a chase is going further for an order than the order is going) . If there are extenuating reasons for not b,-ing a-L—e to fill an order, this must be stated in the OWNER(S)' bid: (.".e., "9 Dundee and Skokie, for a local only, 99"). E. Check -In Loads If an CM. R wants to check-in for the day, said OMqER may announce to the dispatcher that he is looking for a the ckin load. This can be x.e.juested ur) to one hour before the omqF:;R intends to actually chec-k-in. _Q-�ce Uie CXQqER requests a check-in load, the dispatcher my then give that only local runs, or a tun going in tine de sigmaUxl direction. Oxiversely, this automatically disqualifie's the (MNER from any order going in the wrong direction. If the dispatcher is unable W fill an order because the only available vehicle Inas reciuested a check-in load in the opposite direction, the dispatcher my rec.�uest that OWNER vehicle fill the order. The OWNER, at OWNER's option, may then agree to fill said bid. F. 10-6 Bidding An aqNY-R is 10-6 when OWNER is enroute with a client in his vehicle- 10-6 OWNER vehicles can only bid on third and open calls, and on said calls 10-6 UVER vehicles wi.11 be given (Nltr-ll status to the Otil(?r OWNER vehicles. Tile oilly exception is when a 10-6 OWNER vehicle and another M4ER vehicle are &qual distmice from the order, then the OWNER vehicle which is not 10-6 will have the preference. A. Dispatching Tehnique Once the dispatcher has determined which OWNER vehicle will be awarded the order, the following method of dispatch will be used: 1. Unit number 2. Address 3. Digits in address 4. Name 5. Name 6. Apartment or unit number 7. Special instructions 8. Unit number B. Listening Periods When the dispatcher calIs an order, second call, third call, or open, he rmist wait five (5) seconds before any further transmission on his p�.,irt. The only exception to this rule occurs when only one order is an the board, and the order is called at the post. Th this cil.-cirnstance, the order may be dispatched as soon as the OWNER vehicle responds. '11 -ie dispatcher will award the order to the Closest QT,;E'R v(�.hicle he�ard or read during the five (5) second listening period. if the disjp�atcher only heaxr, apart of a OWNER veh-icle(s) transmission during a listening period, he may ask that OWNER vehicle(s) for a report of the MNj:,R vehicle (s) I location. At the end of all bids the dispatcher must ask "Is* there anyone else?" Dispatcher must acknowledge and call out all MR vehicle bidding. - 2 - III. Armj.=ents with Dispatc:aer Under no circimstances will any OWNER ',,--,e allowed to argu-- with the dispatcher, no matter how just his cause, over the air. If there is a point of con-ention, the driver will use the code 10-66, and hen ask his question, or raise his point with the dispatcher. If the dispatcher's answer is unsatisfact---cy, there will be no further discussion on the air. The OWNER, however, Tray tel -phone the office, or come to the office to pursue the issue. Any attempts to continue pursuing the issue over the air will be ignored. If after dis-ossing the issue with the dispatcher or the chief dispatcher, the OWNER feels that the situation has not been corected, he may lodge a formal grievance against TAXI CO. to be heard by a three man Hearing Board. (See Dispatch Service Agreeirent bewteen OWNER and TAXI CO.) IV. No OWNER or TAXI CO. Owner or Employee shall engage in acts of unfair competition; including but not limited to: A. Possession of two way radios, with capability of receiving dispatching calls, at their homes or residences. B. Bidding for orders from any location other than an OWNER vehicle. C. Setting up and/or utilizing any phone service which is in competition with TAXI CO. D. Soliciting or advertising any phone numbers other than that of TAXI CO. to clients or potential clients. V. Radio Transmissions A. Radio transmission by all ODORS must be short, concise, and in clear understandable language. No profanity or other objectionable language may be used when transmitting. V.L. OAHare Airport Rules A. 1. Head up OWNER vehicle has preference. 2. The place of registration at O'Hare field is hereby changed for the sake of good service to the customers. As of January 1 , 1982 all loaded OWNER vehicles will register, either as empty or loaded OWNER vehicles, at the "Welcome to O'Hare, May or Jane Byrne" -sign. 3. Orders called to O'Hare shall be called in the following order: a. Last registered OWNER vehicle(s) in, first OWNER vehicle(s) out. b. All subsequent registered OWNER vehicle(s) in. C. First empty OWNER vehicle(s) in. d. First empty OWNER vehicle(s) out. - 3 - VII. TAXI CO. Dispatcher/Employees TAXI (_'O. will not perr,-at i,ts C ,,Tployek. � _s working as dispatchers or as t(-a1ej')hk1e operators to drive an OWNER vehicle within twelve (121 - hours after finishing his or her shift as a dispatcher or p1rine operator. VIII. Tixne Orders Reasonable tirw shall be granted to MMMS and operators to arrive at their destination on Thre Orders (13 minute, niinintim). IX. Post Territories A. "Post Territories" are those areas where OWNER vehicles are allowed to receive radio dispatched orders on first, second and third calls. To be eligible, (XZTER must have a valid disspatcIdng contract and valid village license for said territory and OWNER must meet said village's requirements. B. It is hereby agrm--.,d by the parties hereto, that any changes in Post or Post Territories will becom- effective only by consent of seventy-five (750) percent of all mERc C. Northbrook Post Territories The below -listed OWNER vehicles are authorized to receive radio dispatched orders on first, second and third calls. Vehicle Vehicle # Vehicle # Vehicle Vehicle # Vehicle # Vehicle # Vehicle Vehicle # Vehicle lur Vehicle # Vehicle # Vehicle # Vehicle # Vehicle # Vehicle # Vehicle # Vehicle # Vehicle # Vehicle Vehicle - 4 - Vehicle Vehicle # Vehicle # Vehicle # Vehicle # Vehicle # Vehicle # Vehicle # Vehicle # Vehicle # Post 3 Palwaukee Airport West Boundary - Nest side of Waterman East Boundary - Up to Landwehr Road - North Boundary - South end Lake Cook Road - South Boundary- Euclid from Schoenbeck to Milwaukee - Lake Street from Milwaukee to East End Sanders ' Willow Road from Sanders to Landwehr Post 4 Northbrook Train Station Hest Boundary - Nest side of Landwehr Ro�d Lost Boundary - East side of Waukegan Road North Boundary - South side of Lake Cook Road South Boundary North end of Willow Road except for the following streets located south of Willow Quail, Cobblewuod Brian Drive, Ca-stillian, Lisa Ct., Arbelda Greenview up to 2900, Greenwood, 2900 5alceda, Allen Dr., Flo|ste" 5hermer up to 2900, Old Willow rrom_____ to ____ Paddock Ur. ,"s^ o - Sheraton note/ Nest Boundary - Forestway Drive East Boundary - Up to Waukegan North Boundary - South end Lake Cook South Boundary - North side of Willow Road Deerfield/Highland Park Post Ter'ritories The below-listed OWNER vehicles are authorized to receive radio ' dispatched orders on first, second and third calls. Vehicle # Vehicle if \m,bi�Ie# Vehicle # Vehicle # v�_-biFIe Vehicle vebOcIe_ Vehicle # Vehicle # - 5 - Post l Hiqhland Park Train Station Hest Boundary - East side Edens Expressway East Boundary - Up to Lake Michigan North Boundary - North side Old Hill South Boundary - North side Lake Cook Road Post 7 - Deerfield Train Station West Boundary - East side Tri-state Tollway East Boundary - Kest side Edens Expressway ' ' North Boundary - North side Old Mill Road South Boundary - North side Lake Cook Road Post Nest Boundary - Prairie Road East Boundary - West side Tri-state Tullxay North Boundary - Everett Road South Boundary -' North aide Lake Cook Road Skokie Post Territories The below -listed ER vehicles are authorized to -receive radio dispatched orders on first, seco'n'd and th4rd calls. Vehicle Vehicle Vehi6ie' Vehicle #--�Vehicle # Veh*c}e # Vehicle Vehicle # Vehicle Vehicle Vehicl� Vehicle __—___ Yehicle �Vehicle# Vehicle _ Vehicle # Vehicle # Vehicle Vehicle Vehicle Vehicle Vehicle �VeUide # Yehide Vehicle Vehicle V�hicle ' '______ Vehicle �Vehic)e# Vehicle '______ Vehicle Vehicle # Vehicle Vehicle_ - Vehicle # Vehicle #- — 6 — t 13a - North Shore Hilt Nest Boundary - East side Skokie Boulevard East Boundary - - East side Crawford North Boundary - Skokie village limits South Boundary - Up to Church Street (but not including Church) _ t Side Marshall Field's -Old Orchard West Boundary - Harms Road East Boundary - West side Skokie Boulevard North Boundary - Skokie village limits South Boundary _ Up to Church Street Post 14 - Cab Stand 8800 Block East Prairie' Nest Boundary - Op to Crawford between Church and Golf Up to Kostner betxeen Main and Church East Boundary - East side McCormick Boulevard Borth Boundary - South side Cm7f Road South Boundary - South Side Main Street Post 15 - Cab Stand tkokie Swift Nes� 8oundardy - Up to Central from Dempster to Church, Edens Expressway from Oakton to Dempster East Buundard - ':East Side Kostner . North Boundary - North side Church Street South Boundary - Oakton Post lG - Cub Stand Howard and Hamlin West Boundary - Skokie Boulevard from Jarvis to Oakton - Up to Kostner from Oakton tg Main East Boundary - McCormick 86ulevard - North Boundary - Up to Main Street South Boundary - South side Jarvis - 7 - Post 17 -Holiday Nest Boundary - Hcst side Gross Point Road including Niles West High School - East Boundary - H��t side Skokie Boulevard from Touhy to Oakton - East side Lamon from Tnuhy to Pratt North Boundary - Up to Oakton ' South Boundary - Up to Pratt Lincolnwood The below -listed OWNER vehicles are authorized to receive radio dispatched orders on first, second and third calls. Vehicle # Vehicle # Vehicle Yehiole # Vehicle # Vehicle Vehicle # Vehicle # Vehicle# Vehicle - Post 18 - Lincolnwood Hyatt House Nest Boundary - Up to Lamon from ' Touhy to Pratt ' Central from Pratt to Peterson East Boundary - Up to Crawford North 8oundary - Up to Jarvis South Boundary - South side Peterson Post 19 Cab Stand Pratt and Crawford ' ' . ' Nest Boundary -- West side Crawford - East Boundary - East side California Avenue North Boundary - Up to Jarvis South Boundary - South side Peterson Morton Grove Post Territories The below -listed OWNER vehicles are authorfzedlo receive radio dispatched orders on first', second and -third calls. Vehicle # Vehicle #Yehicle# - Vehicle Vehicle # Vehicle Vehicle Vehicle # Vehicle Post 11 - Cab Stand Waukeqan A Dempster Hest Boundary - ' Washington (8000 W) East Boundary - Up to Lehigh Avenue North Boundary - South side Golf Road South Boundary - South side Touky Post 12 Cab Stand Dempster Nest Boundary - Nest side Lehigh East Boundary - Ea-st side Ceitrsl from Golf to Dempster West.side Edens Expressway frcm — 2-mpster to Oakton North Boundary - South side Gulf Road South Boundary - South side Uakton Post 10 - Open Post West Side Golf Mill Theater Nest Boundary - River Road East Boundary - Washington from Gulf Road to Oakton East side Milwaukee from -Golf to Central Road North Boundary - Up to Central � .South Boundary - Up to 0aktun Glenview Post Territories The below -listed OWNER vehicles are authorized to receive radio dispatched orders on first, second and third calls. Vehicle- Vehide Vehicle ' Vehicle # Vehiclo Vehicle � _____- Vehic|e Vehicle # Vehicle Vehicle Vehicle �Vehicle� ______ _-_---_� .---___- Vehicle' Vehicle # Vehicle Vehicle Yehicle # Vehicle VehfcIe # Vehide # Vehicle Vehfcle Vehicle# Vehi0e Vehicle ' Vehicl�# Vehicle Vehicle yehicle# Vehicle# Veh�cle # _9— West Boundary - Up to Milwaukee from Gulf to Central Up to River Road from Central to Lake St' - Tri-state Tollony from Lake to Willow East Boundary - Up to Shermerfram-Golf to Lake and all _ of Naval Base East North Boundary - South side :f Willow except for those sections stated as being part of Northbrook territury in Northbrook section of Post Territories South Boundary - North side Gulf Post S Cab SGlenview Train Station Hest Boundary - Nest side Shermer East Boundary - 'East Glenview Borders North Boundary - South side Willow Road ` South Boundary - North side Golf Wilmette Post Territories The below -listed OWNER vehIcles are authorized to receive radio � dispatched orders on first, second and third calls. Vehicle Vehide YehicTe ' Vehicle Vehicle e ��ehfc7e #- ____ -_ Vehicle''. 'vehicle �ehitl6` ~ Vehicle Post 2A^!- Linden Train Station Kest'Dnondary' to all of Ridge Road East Boundary - Up to Luke Michigan North Boundary - Village Limits South Boundary - Wilmette Village limits ` Post 2B - Wilnette. and Skokie West Boundary - Nest of Ridge Road to Village Border- East orderEast Boundary - East to Ridge Road North Boundary - Village Limits South Boundary -Yillage Limits -l0-z X. Enforcement, Violations and Penalties A three man Hearing Board as described in the Dispatch Service Agreerrent between OWNER and TAXI CO. shall be responsible for enforcing these Rules and Regulations: A. Any infraction of car care—That vehicle will not receive radio orders until infraction is Certified to be corrected by TAXI CO. B, All vehicle radios must be in working condition. Offenses will cause the following action: 1. First Offense—Warning 2. Second Offense—No radio dispatched orders until the deficiency is corrected. C. Registering at O'Hare Airport with passengers when OWNER vehicle is actually empty is prohibited. Offenses will cause the following action: 1. First Offense -24 hours no radio dispatched orders. 2. Each Offense thereafter—One (1) week no radio dispatched orders. D. No scanners may be installed. Offenses will cause the following action: 1. One (1) week no radio dispatched orders. E. Sleeping on any taxicab stand is prohibited. Offenses will cause the following actions: 1. First Offense—Lose position on the post. 2. Each Offense thereafter -24 hours no radio dispatched orders. F. Intentiohally keying an OW M vehicle(s) radio's microphone is prohibited. Offenses will cause the following action: - - 1. For first infraction—One(l) week no radio dispatched orders. 2. Second infraction—Cancel Dispatching Service Agreement. G. Any OWNER taking an order dispatched to another OWNER will cause the following action: 1. First Offense -24 hours no radio dispatched orders. 2. Second Offense --72 hours no radio dispatched orders. 3. Each Offense Thereafter—One (1) week no radio dispatched orders. H. Any OWNER giving a location bid different from where that OWNER actually was will cause the following action if verified by two or sore people: 1. Each Offense -72 hours no radio dispatched orders. I. Any GWNf,'� wlXa continues to arugue with a dispatcher after being told to stop will cause the following action: 1. Each Offense -24 hours no radio dispatched orders. - 11 - J. Any CYNINER refusing an order which is not a chase will cause the following action: 1. Dich Offense--24 hours no radio dispatched orders. K. All CA9-NERS must give a 10-6 to be eligible for an order. Between 2200 hours and 0500 hours OWNEPS must give 10-8's and 10-7's to I:e eligible for an order. it is the resrxmsibility of all UKMK'RS13 working batt,-en 2200 and 0500 hours to repor� to ei-sFX3-tcher if tdx-y are tEqqr1:r-arily or IX?,17mnelltly unavailable during said hours. Failure to report accordingly will cause the following action for each offense: no radio dispatch for a 24-hour period. L. Once an OWNER gives his bid, he cannot cIvinge it. If (Mf,-:R atteRpts to change his bid, he will be ineligible for that particular order. M. All transmttal and receiving cquilmri....nt; radios, etc., Rust meet industry standards. OWNER vehicles not reeting said standards must be sent for correct-ion before receiving orders or operating on the street. N. Any violation of these rules where action as regards said violation is not 1;:m--tizul.arly described in Section IX (i.e. warning, no radio, dispatched orders) will incur the action decided by TAXI Co. or the three man .Hee-irinqBoard. described herein. - 12 - Village of Mount Prospect Mount Prospect, Illinois itr INTEROFFICE MEMORANDUM Zii TO: MAYOR CAROLYN H. KRAUSE AND BOARD OF TRUSTEES FROM: ASSISTANT VILLAGE MANAGER DATE: NOVEMBER 4, 1982 SUBJECT: LAKE WATER PIPELINE FINANCING We estimate that our initial payments to the Agency for their debt service for construction of the Lake water pipeline will be approximately $1.9 million. This Agency debt will be financed over a 30-35 year period. The Board has directed staff to finance this debt retirement through Special Service District #5. Randhurst suggested in their letter of October 22 to Mayor Krause that a portion of the $1.9 million be placed on water rates instead. Their proposal is that 75% of the annual debt be placed on the water bill and 25% funded through the Special Service District. Attached is a chart indicating the impact on the water rate which would result if various amounts of the $1.9 million annual debt were shifted to the water rate. We have indicated in the past that if the entire debt were financed through the Special Service District, a combined water and sewer rate of $2.10 per thousand gallons would be required. As.. theattached chart indicates, should only $100,000 be financed through the Special Service District and the additional burden shifted to the water rate, a water rate of $3.41. would be required. Randhurst's proposal would generate a water rate of $3.15. Additionally, unlike property taxes, revenues derived from water bills are collected in smaller amounts throughout the year. Therefore, increases would be required on 8/1/83 rather than 5/1/84 as presently scheduled. Furthermore, a deposit of $175,000 is required on 5/1/83. Should the District not be created, rates may have to be increased even earlier to meet this commitment. Should you have additional questions prior to Tuesday's meeting, please do not hesitate to call. JAY R. HEDGES JRH/rcw c: Village Manager Terrance L. Burghard Director of Management Services John Hedstrom VARIOUS REAL ESTATE TAX AND WATER RATES REQUIRED TO FUND $1,900 ANNUAL PAYMENT TO AGENCY FOR LAKE MICHIGAN WATER DEBT SERVICE REAL ESTATE TAX T.TOTVV Tl TTT LEVIED $ --0- RATE PER $100 OF EAV(1) -0- ADDITIONAL AMOUNT PLACED ON WATER BILL .9x0,000 ADDITIONAL CHARGE PER 1000 GALLONS 1.388 TOTAL RATE WITH $1.53 ADDED 2.917 TOTAL RATE WITH $2.10 ADDED 3.487 100,060 .0278 1.800 000 1.315 2.814 3.414 200,000 .0556 1,700,000 1.242 2.7713.341 300,000 .0834 1.600 000 1,500,000 1.169 1.096 2.698 _ 2.625 3.268 3.195 400,000 .1112 500 000 .1380 1 400 000 1.023 2.552 3J22 600,000 .1668 1,300,000 .950 2.4793.049 700,000 .1946 1 200 000 .817 2.406 _ 2.976 800,000 .2224 1.100 000 .804 2.333 2.903 900,000 .2502 1,,000 000. .731 2.260 2.830 1,000,000 _ .2780 900,000 _ .658 2.187 2.757 1,100,000 .3058 800,000 .585 2.114 2.684 1,200,000 .3336 700,000 .512 2.041 2.611 1,300,000 .3614 600,000 .439 1.968 2.538 1,400,000 .3892 500,000 .366 1_.895 2.465 1,500,000 .4170 400,000 .293 1.822 2.392 1,600,000 .4448 300,000 .219 1.749 2.319 1,700,000 .4726 20.0,000 .146 1.676 2.246 1,800,000 .5004 100,000 .073 1.603 2.173 1,900,000 .5282 -0- -0- 1.530 2.100- (1) TOTAL DISTRICT EAV OF $359,355,268