HomeMy WebLinkAbout3442_001Ordinance No. 4842
Resolution No. 1-97
Meeting Location:
Mount Prospect Senior Center
50 South Emerson Street
Mount Prospect, Illinois 60056
1. CALL TO ORDER
Il. ROLL CALL
DEPUTY VILLAGE CLERK
ORDER OF BUSINESS
REGULAR MEETING
Meeting Date and Time:
Tuesday
January 7, 1997
7:30 P.M.
Mayor Gerald "Skip" Farley
Trustee George Clowes; Trustee Paul Hoefert
Trustee Timothy Corcoran Trustee Arlene Juracek
Trustee Richard Hendricks Trustee Irvana Wilks
Ill. INVOCATION - Mayor Farley
IV. APPROVE MINUTES OF REGULAR MEETING OF DECEMBER 17, 1996
V. APPROVE BILLS
V1. MAYOR'S REPORT
A. PROCLAMATION: JAYCEES 40th ANNIVERSARY
B. Request from the new owners of Pete's Sandwich Palace,
712 East Northwest Highway, to continue operating under
the existing Class "W liquor license (beer and wine at
table only).
C. Appointments
VII. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD
VIII. OLD BUSINESS
A. A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT BETWEEN THE VILLAGE AND TCI
RELATIVE TO PROVIDING A PUBLIC ACCESS STUDIO
This Resolution authorizes the Village to enter into an
Agreement with TCI guaranteeing a public access studio
will be provided in the Village.
ALL
(Exhibit A)
IX. NEW BUSINESS
A. Safety Commission recommendations:
1. Resident request to reduce speed limit on Busse Avenue
between We Go Trail and Main Street from 30 to 25 MPH.
The Safety Commission recommends granting this
request by a vote of 7-0.
2. Recommendations to delete the following regulations
from the Traffic Code;
a. "One -Way" designation on Weller Lane between
Busse and Cleven Avenues;
b. Prohibiting right turns from Cleven onto Weller Lane
during school hours;
C. Prohibiting parking on the east side of Weller Lane
between Busse and Cleven Avenues; and
d. "No Parking/Pick-Up Zone on the west side of
Weller Lane, between a point 600 feet and 800 feet
south of Central Road.
The Safety Commission recommends granting these
changes by a vote of 7-0.
3. Request of the Mount Prospect Post Office to regulate
parking in the area of the drive -up mail boxes off
Elmhurst Avenue. By a vote of 7-0, the Safety Commission
recommends prohibiting parking on Elmhurst Avenue from
Central Road to a point 180 feet north of Central Road,
4. Request of resident for "STOP" sign on Stratford Place
at Meadow and Wedgewood Lanes. By a vote of 7-0 the
Safety Commission Voted to deny the request for "STOP"
signs but recommended "YIELD" signs instead.
5. Request to move "STOP" sign for north and southbound traffic
on Wheeling Road from Elderberry Lane to Dogwood. By a vote
of 8-0 the Safety Commission recommends granting request.
6. Request of resident to authorize 4 -way "STOP" at Thayer and
School Streets. By a vote of 8-0, the Safety Commission's
recommendation is to deny this request.
B. A RESOLUTION AUTHORIZING THE EXECUTION OF A
FRANCHISE AGREEMENT BETWEEN THE VILLAGE OF
MOUNT PROSPECT AND METROPOLITAN FIBER SYSTEMS
This Agreement would allow MFS to lay fiber-optic cable in
certain locations within the Village right-of-way. (Exhibit B)
X. VILLAGE MANAGER'S REPORT
A. Status Report
XI. ANY OTHER BUSINESS
XII. CLOSED SESSION: This Closed Session is called for the purpose
of discussing Personnel, pursuant to 5 ILCS 120/2 @ (1)
"The appointment, employment, compensation, discipline, performance, or dismissal
of specific employees of the public body, including hearing testimony on a complaint
lodged against an employee to determine its validity."
XIII. ADJOURNMENT
MINUTES OF THE REGULAR MEETING OF
THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT
DECEMBER 17,1996
CALL TO ORDER
Mayor Farley called the meeting to order at 7:38 P.M.
ROLL CALL
Present upon roll call: Mayor Gerald Farley
Trustee George Clowes
Trustee Timothy Corcoran
Trustee Richard Hendricks
Trustee Paul Hoefert
Trustee Arlene Juracek
Trustee Irvana Wilks
INVOCATION
The invocation was given by Trustee Wilks.
APPROVAL OF MINUTES
Trustee Hoefert, seconded by Trustee Corcoran, moved to
approve the minutes of the regular meeting of the Mayor and
;
Board of Trustees of the Village of Mount Prospect held on
December 3, 1996.
Upon roll call: Ayes: Clowes, Corcoran, Hoefert,
Juracek, Wilks
Nays: None
Abstain: Hendricks
Motion carried.
APPROVAL OF BILLS
Trustee Hoefert, seconded by Trustee Clowes, moved
to approve the following list of bills:
General Fund' $
822,804
Refuse Disposal Fund
8,473
Motor Fuel Tax Fund
2,117
Community Development Block Grant Fund
11,363
Debt Service
2,421
Capital improvement Fund
23,775
Capitan Improvement Construction Fund
Downtown Redevelopment Construction Fund
675
Police & Fire Building Construction
Flood Control Construction Fund
EPA Flood Loan Construction Fun
Street Improvement Construction Fund
Water & Sewer Fund
316,970
Parking System Revenue Fund
5,308
Risk Management Fund
87,202
Vehicle Replacement Fund
84i349
Vehicle Maintenance Fund
43,251
Flexcomp Trust Fund
12,359
Escrow Deposit Fund
36,071
Police Pension Fund
49
Firemens Pension Fund
Benefit Trust Fund
--
$1,452,187
Upon roll call: Ayes: Clowes, Corcoran,, Hendricks,
Hoefert, Juracek, Wilks
Nays: None
Motion carried.
CALL TO ORDER
ROLL CALL
INVOCATION
APPROVE
MINUTES
APPROVE
BILLS
FINANCIAL
REPORT
HOLIDAY
RES.NO. w
OFFICERI'
AND RUNT
II IYCPOLIWOW1 :FXW& I L. RIUI::
Investigator Cathy Schn
HOLIDAY The following residents were a
DECORATING properties for the holiday seas,
CONTEST"
Grand Prize (Tie)
Mr. & Mrs. ,iemba, 1504 Barb(
AlanWozniak, 400 Craig Court
Holiday Fun+
Mr. & Mrs. Jacobs, 702 Elderb(
ogfl iso
Anni Zastrow, 1111 Church Ro
Christmas Fantasy
Donald Sosnowski, 710 West E
Page 2 - December 17, 11
tn, Hendricks,
Wilks
asses, led by Dennis
Board and audience.
ane
Avenue
, moved for passage of
"SEASON
i, Hendricks,
Wilks
announced the
w and Runners -Up
Reliaious
Mr. & Mrs. Bob Molenda, 216 N. Russel
Best Bloch
700 & 800 block West Milburn Avenue
Multi -Family
Lillian Perham, 501 W. Dempster St.
Best Businesl
Illinois Counties Detective Agency
350 W. Kensington, St. 106
No appointments were presented.
COMMUNICATIONS AND PETITIONS
None.
OLD BUSINESS
A Resolution was presented that would authorize the Village to
draw down on a $10,000 Letter of Credit for non-compliance with
the Franchise Agreement. This Resolution was presented at
the December 3rd meeting, at which time the Village Board
voted to take no action on this matter, however, since that
time, TCI has informed the Village that they want to amend
the proposed agreement negotiated relative to this matter.
It was the opinion of the Board that the Board authorize
drawing on the Letter of Credit but if TCI would present an
agreement to the Village by December 31, 1996, to provide
a public access studio in the Village by a date certain, then
the Village would not draw on the Letter of Credit.
Trustee Corcoran, seconded by Trustee Hendricks, moved
for passage of Resolution No. 33-96 to draw on the Letter
of Credit of Telenois, Inc. but to give TCI two weeks
(by December 31,1996) to present the Village with a good
faith agreement as to when a public access studio would
be available in Mount Prospect.
A RESOLUTION REQUESTING TO DRAW ON
THE LETTER OF CREDIT OF TELENOIS, INC.
Upon roll call: Ayes: Clowes, Corcoran, Hendricks,
Hoefert, Juracek, Wilks
Nays: None
Motion carried.
A Resolution was presented that would authorize the Village
to enter into an Agreement with TCI relative to providing a
studio in the Village, as required by the franchise agreement.
This Agreement was deferred from the December 3rd meeting
of the Village Board.
Inasmuch as such an agreement had not been finalized,
Page 3 - December 17, 1996
TCI:
STUDIO &
DRAW ON
LETTER OF
CREDIT
RES.NO. 33-96
TCI:
AGREEMENT
FOR STUDIO
and in conjunction with the
continued to the next mee
January 7,1997.
ZBA 20-96
NORTHWEST
ASSEMBLY OF C
9010 N. WOLF RD
ORD. NO. 4833
a Board on
lurch
ng that would rezone
y a vote at 7-o.
int variations from
etback from forty
ullding and a
setback from
xisting parking lot
1 Board of Appeals
A 7-0.
)ved to waive the
>efert,
loved for passage
'IAL
JNT PROSPECT
vaivat thy►
E, moved for passage of
rIONS FOR
,S THE
CHURCH,
1, Hendricks,
Wilks
A Plat
O «. • � .
r., • r •• • rr— Z.r r 4 • r r •
• • r ; • sa •
Trustee Hoefert, seconded by Trustee Corcoran, mowed
to authorize the Mayor to sign and Clerk to attest his signature
on the Northwest Assembly of God Subdivision .11 Plat.
Upon roll call: Ayes: Clowes, Corcoran, Hendricks,
Hoefert, Juraoek Wilks
Nays: None
Motion carried.
PUBLIC HEARING
Mayor Farley called a Public Hearing to order at 8:58 P.M.
which Public Hearing was called pursuant to proper legal
notice having been published in the Mount Prospect Journal
and Mount Prospect Herald relative to presenting the proposed
budget for 1997 and considering the property tax levy for 1997.
Brian Caputo, Finance Director, gave a brief summary of the
proposed budget, noting the changes that were made following
several public meetings on the $53,255,466 budget, plus the
budget for the Mount Prospect Public Library of $3,539,000,for
a total of $56,794,466. The total amount of taxes to be levied
against property in the Village for 1996 will be $11,531,124,
which represents a 1.9% increase over the 1995' levy.
There being no audience participation, Mayor Farley declared
the Public Hearing closed at 9:07 P.M.
Trustee Hoefert, seconded by Trustee Corcoran, moved for
passage of Ordinance No. 4834, as amended to include the
most recent revisions.
AN ORDINANCE ADOPTING AN ANNUAL
BUDGET FOR THE ViLLAGE OF MOUNT PROSPECT
FOR THE FISCAL YEAR COMMENCING
JANUARY 1, 1997 TO DECEMBER 31,1997 iN LIEU
OF PASSAGE OF AN APPROPRIATION 'ORDINANCE
Upon roll call: Ayes: Clowes, Corcoran, Hoefert
Juracek, Wilks, Farley
Nays: Hendricks
Motion carried.
Trustee Corcoran, seconded by Trustee Wilks, moved for
passage of Ordinance No. 4835
AN ORDINANCE AUTHORIZING THE LEVY
AND COLLECTION OF TAXES FOR THE
CORPORATE AND MUNICIPAL PURPOSES
OF THE VILLAGE OF MOUNT PROSPECT
FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 1996 AND ENDING DECEMBER 31, 1996
Upon roll call: Ayes: Clowes, Corcoran, Hoefert,
Juracek, Wilks, Farley
Nays: Hendricks
Motion carried.
Page 5 - December 17 1996
PLAT OF
SUBDIVISION
PUBLIC
HEARING'
ADOPT BUDGET
ORD, NO.4834
LEVY
ORD.NO.4835`
ORD.NO. 4836
Trustee Corcoran, seconded by Trustee Juracek, moved for
passage of Ordinance No. 4836
AN ORDINANCE TO ABATE A PART OF THE
TAXES LEVIED FOR CORPORATE AND
MUNICIPALPURPOSES OF THE VILLAGE OF
MOUNT PROSPECT FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 1996 AND ENDING '
DECEMBER 31, 1996
Upon roll call: Ayes:. Clowes, Corcoran, Hendricks,
Hoefert, Juracek, Wilks, Farley
Nays. None
Motion carried.
ORDNO.4837
Trustee Corcoran, seconded by Trustee Wilks, moved for
for passage of Ordinance No. 4837
AN ORDINANCE AUTHORIZING THE LEVY AND
COLLECTION OF TAXES FOR THE MUNICIPAL
PURPOSES OF SPECIAL, SERVICE AREA
NUMBER ONE, SPECIAL SERVICE AREA
NUMBER FIVE AND SPECIAL SERVICE AREA
NUMBER SIX OF THE VILLAGE OF MOUNT
PROSPECT FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 1996 AND ENDING DECEMBER 31,1996
Upon roll call: Ayes:' Clowes, Corcoran, Hendri ,
Hoefert, Juracek, Wilks, Farley
Nays: None
Motion carried.
ORD.NO.4838
Trustee Corcoran, seconded by Trustee Wilks, moved for ,
passage of Ordinance No 4838
AN ORDINANCE TO ABATE A PART OF THE
TAXES LEVIED FOR UNLIMITED TAX BONDS
OF SPECIAL SERVICE AREA NUMBER ONE
OF THE VILLAGE OF MOUNT PROSPECT FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 19W
AND ENDING DECEMBER 31, 1996
Upon roll call: Ayes: Clowes, Corcoran, Hendricks,
Hoefert, Juracek, Wilks, Farley
Nays: None
Motion carried.
NEW BUSINESS
AMEND JAWA;
An Ordinance was presented for first reading that would authorize
AGREEMENT
an amendment to the Agreement with JA1 iA (Joint Action Water
Agency) relative to the amount of water that must be stored in
cOnJunction with the agreement to purchase Lake Michigan water.
This amendment mast be adopted by all communities that are
members of JAWA.'
Page 6 - December 17, 1996
Trustee Hoefert, seconded by Trustee Corcoran moved to
waive the rule requiring two readings ofan Ordinance.
Upon roll call: Ayes: Clowes, Corcoran, Hoefert,
Juracek, Wilks
Nays: Hendricks
Motion carried.
Trustee Hoefert, seconded by Trustee Corcoran, moved
for passage of Ordinance No. 4839
AN ORDINANCE TO AUTHORIZE AN AMENDMENT
TO THE WATER SUPPLY AGREEMENT WITH
THE NORTHWEST SUBURBAN MUNICIPAL JOINT
ACTION WATER AGENCY
Upon roll call: Ayes: Clowes, Corcoran, Hendricks,
Hoefert, Juracek, Wilks
Nays: None
Motion carried.
An Ordinance was presented for first reading that would
amend the budget for fiscal year 1996.
Trustee Hoefert, seconded by Trustee Corcoran, moved
to waive the rule requiring two readings of an Ordinance.
Upon roll call: Ayes: Clowes, Corcoran, Hoefert,
Juracek, Wilks
Nays: Hendricks
Motion carried.
Trustee Hoefert, seconded by Trustee Corcoran, moved
for passage of Ordinance No. 4840
AN ORDINANCE AMENDING THE ANNUAL
BUDGET FOR FISCAL YEAR 1996
Upon roll call: Ayes: Clowes, Corcoran, Hendricks,
Hoefert, Juracek, Wilks
Nays: None
Motion carried,
An Ordinance was presented for first reading that would
authorize the disposal of the following Village owned
video equipment:
One Convergence 195 edit controller w/cables
One Texan KX-12 monochrome status monitor
One Sony VO -5850 Umatic edit recorder
One Sony VO -5800 Umatic player/recorder
One Crosspoint Latch 6109 special effects generator
It was noted that Lincoln Junior High School is establishing
Page 7 - December 17, 1996
ORD. NO. 4839
AMEND 1996
BUDGET
ORD. NO. 4840
DISPOSE OF
SURPLUS
EQUIPMENT
a studio for its students and inasmuch as the Village donated
surplus video equipment to them in 1994, it was the
recommendation of staff that this surplus equipment also be
donated to Lincoln Junior High School
Trustee Corcoran, seconded by TrusteeHoefert, moved to waive
the rule requiring two readings of an Ordinance.
Upon roll call: Ayes: Clowes, Corcoran,' Hoefert,
Juracek, Wilks
Nays: Hendricks
Motion carried.
ORD. NO. 4841
Trustee Corcoran, seconded by Trustee Hoefert, moved for
passage of Ordinance No. 4841
AN ORDINANCE DECLARING SURPLUS
PROPERTY AND AUTHORIZING THE
TRANSFER OF PROPERTY TO SCHOOL
DISTRICT 57
Upon roll call: Ayes: Clowes, Corcoran, Hendricks,
Hoefert, Juracek, Wilks
Nays: None
Motion carried.
VILLAGE MANAGER'S REPORT
INSURANCE
Village Manager Michael Janonis and Finance' Director Brian
PROPOSALS '
Caputo, presented insurance proposals for 1997.
MEDICAL STOP -LOSS'
Proposals were solicited from•six insurance companies for medical
stop -loss insurance. Only Lexington Insurance company and
Boston Mutual submitted proposals as follows:
in le Family' Annual Premium
Boston $31.97 $74.96 $216,469
Lexington ` $28.96 $67M $196.082
LEXINGTON INS.
Trustee Corcoran, seconded by Trustee Wilks, moved to concur
with the recommendation of the administration and accept the
proposal submitted by Lexington Insurance Company for the
Medical Stop -Loss Insurance at a rate of$28.96 per single plan
participant and $67.90 per family; per month for 1997.
Upon roll call. Ayes. Clowes, Corcoran, Hendricks,
Hoefert, Juracek, Wilks
Nays: None
Motion carried.
THIRD PARTY
Mr. Caputo( recommended the Village continue with the services of
ADMINISTRATOR:
Harrington Benefit Services for third -party administration of the
MEDICAL INSURANCE-
Village's medical insurance program from January 1, 1997 through
December 31, 1997 at a cost of $15.88 per employee//retiree
participant per month.
Page 8 • December 17, 1996
Trustee Corcoran, seconded by Trustee Wilks, moved to
HARRINGTON
concur with the recommendation of the administration and
BENEFIT
renew the contract with Harrington Benefit Services for
SERVICES
third party administration of the Village's medical
insurance program for 1997.
Upon roll call: Ayes: Clowes, Corcoran, Hendricks,
Hoefert, Juracek, Wilks
Nays: None
Motion carried.
Trustee Hoefert left the meeting for a brief period.
The recommendation from Mr:. Caputo to accept the proposal
HMO OF
submitted by Health Maintenance Organization of Illinois
ILLINOIS
(HMO) and renew the contract for 1997 is as follows:
Single $178.37 per month
Family $495.40 per month
Medicare $183.50 per month
Trustee Corcoran, seconded by Trustee Clowes, moved to
concur with the recommendation of the administration and
accept the proposal submitted by Health Maintenance
Organization of Illinois as presented.
Upon roll call: Ayes: Ciowes, Corcoran, Hendricks,
Juracak, Wilks
Nays: None
Motion carried.
The following proposal was submitted by Custard Claims
THiRD PARTY
Management Services (CCMS) as third party administrator
ADMINISTRATOR
of the Village's Workers" Compensation grogram for
WORKERS COMP
1997 based on the following:
Annual Administrative Fee $ 3,000
30 New Medical -Only Claims @ $75 each $ 2,250
10 New Indemnity Claims @ $500 each $5,000
$10,250'
Trustee Clowes, seconded by Trustee Corcoran, moved
CUSTARD
to concur with the recommendation of the administration
CLAIMS
and accept the proposal submitted by Custard Claims
MANAGEMENT
Management Services as the third party' administrator of
SERVICES
of the Village's Workers" Compensation Program for 1997.
Upon roll call: Ayes: Clowes, Corcoran, Hendricks,
Juracek, Wilks
Nays: None
Motion carried.
Mr. Caputo presented his recommendation to renew the
PROPERTY
contract with Arkwright insurance Company to provide
INSURANCE
property insurance for 1997, which insurance covers
both property insurance for Village owned properties as
well as sales tax interruption insurance.
Page 9 - December 17, 1998
ARKWRIGHT IMS,
Trustee Clowes, seconded by Trustee Corcoran, moved to concur
with the recommendation of the administration and adept the
proposal submitted by Arkwright Insurance to provide property
insurance and sales tax Interruption insurance.'
Upon roll call: Ayes: Clowes, Corcoran, Hendricks,
Juracek, Wilks
Nays: None
Motion carried.
Trustee Hoefert returned to the meeting at this point. .
DEFIBRILLATORS
A request was presented from the Fire Chief to waive the bidding
procedure and authorize the purchase of three (3) external
automatic defibrillators, which are specialized pieces of equipment
and must be compatible with the hospitals. It was noted that other
vendors are unable to provide all the requirements for this
equipment.
PHYSIO -CONTROL
Trustee Wilks, seconded by Trustee Corcoran, moved to concur
with the recommendation of the administration to waive the bidding
procedure and authorize the purchase of three (3) external
automatic defibrillators from Physio -Control at a cost not to exceed
$17,997.00,
Upon roll call, Ayes: Clowes, Corcoran, Hendricks, .
Hoefert, Juracek, Wilks
Nays: None
Motion carried.
TREE TRIMMING
A recommendation was presented from Glen Andler, Director of
Public Works, to renew the contract with R. W. Hendricksen
Company to provide the tree trimming services for parkway trees at
a cast not to exceed the budgeted amount.
R.W.HENDRICKSEN
Trustee Hoefert, seconded by Trustee Corcoran, moved to concur
with the recommendation
of the administration and authorize the
renewal of the contract
with R. W. Hendrickson
for parkway tree
trimming at a cost not to exceed the budgeted
amount of
$90,000.00'
Upon roll call: Ayes: Clowes, Corcoran, Hendricks,
Hoefert, Juracek, Wilks
Nays: None
Motion carried.
CELESTIAL
Mr. Jannis reminded everyone that the Celestial Celebration will
CELEBRATION'
take place on Saturday, February 1, 1997 at Bristol Court and that
tickets are still available,'
ANY OTHER BUSINESS
ELECTION
Trustee Clowes noted that there was a problem during the National
PHONES`
Election in November relative to phone access of judges to Cook
County officials. Trustee Clowes noted that additional phone lines
will be available in future electrons.
Page 10 - December 17, 1996
Trustee Wilks; noted that a new business has opened in the former
Eagle Store building at Busse and Golf Roads. The business is
Sun Harvest and provides food and fresh produce.
Trustee Hoefert asked that the list of new businesses in the
Village once again be provided to the elected officials on a
monthly basis.
Trustee Hendricks asked that residents remember the attack on
Pearl Harbor.
Trustee Hendricks asked that staff look into a reported flooding
problem on Louis Street at Rand Road.
Trustee Hendricks stated that he is still waiting for a response
to a memo relative to actions in Glenview some time ago.
Trustee Hendricks stated that he is not satisfied with the
performance of the Village Manager and asked that the
Village Manager consider resigning.
Trustee Hendricks asked if homing pigeons are allowed in
the Village.
Trustee Hendricks noted that another neighboring community
has obtained a K-9 unit.
Trustee Hoefert expressed support for staff, especially the
professionalism of Village Manager Michael Janonis.
ADJOURNMENT
Trustee Hoefert, seconded by Trustee Corcoran, moved ADJOURN
to adjourn the meeting.
Upon roll call: Ayes: Clowes, Corcoran, Hendricks,
Hoefert, Juracek, Wilks;
Nays: None
Motion carried.
The meeting was adjourned at 10;13 P.M.
Carol A. Fields
Village Clerk
Page 11- December 17, 1996
VILLAGE OF MOUNT PROSPECT
CASH POSITION
December 31, 1996
Enterprise Funds
Cash & Invest
Balance
12/12/96
Receipts
12113/96 thru
12/31/96
Disbursements
Per Attached
List of Bills
Cash & Invest
Balance
12/31/96
General Fund
$4,762,427
1,078,086
700,975
5,139,538
Special Revenue Fund
584'171
8'677
3'268
589'580
Refuse Disposal Fund
875,078
20,704
207,928
687,854
Motor Fuel Tax Fund
590.659
77'232
27,793
640098
Community Development Block Grant
<5'189>
71.953
80'207
6'557
Debt Service Funds
2'157'714
202'Vo3
359'08e
2'000.632
Capital Proiects
Capital Improvement Fund
/.890'146
2.125
68,056
1.824'215
oaoua/ Improvement Construction pvnu
603'8e7
-
g'nu*
594.568
Downtown nouovConst Funds
714.241
161'832
2'085
873.788
pvocea Fire Building Construction
72'527
'
9'907
62'020
Flood Control Construction Fund
1'430'*51
`s.uOo
27'857
/'417'534
EPA Flood Loan Construction Fund
3'728
-
-
3'728
Street Improvement Const Fund
578'595
'
4'000
574'585
Enterprise Funds
Water & Sewer Fund
2'8001e7
256\017
5e2'189
2'494025
Parking System Revenue Fund
584'171
8'677
3'268
589'580
Internal Service Funds
Risk Management Fund
2'708'914
23.143
142'118
2'589.839
Vehicle Replacement Fund
1'381'498
'
23'110
1'358'389
Vehicle Maintenance Fund
153.573
5.088
56'637
102'024
Trust & Agency Fung
noxuumnTrust Fund
12'218
5'442
/'139
1e.521
Escrow Deposit Fund
1'082'346
28'151
37'507
1.072.930
Police Pension Fund
23.79e.0e2
77'863
69'694
23'804'261
Fire Pension Fund
26.407.787
160'218
70'354
26'571'651
Benefit Trust Funds
188'372
-
2'628
183'746
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE
VENDOR DESCRIPTION AMOUNT
NON -DEPARTMENTAL
TED D. ADAMCZYK
OVERPAYMENT OF COMPUTER REIMB
47.92
ARTEMIS RESTAURANT
ESCROW RELEASE
1,466.90
AVALON PETROLEUM COMPANY
DIESEL FUEL
7,392.00
REGULAR UNLEADED 87
8,864.80
16,256.80
MARIANNE BOEHMER
WILLS ST PARKING LOT REFUND -SPACE
200.00
BULLEY & ANDREWS/BUCHANAN
REFUND BLDG PERMIT 96-0469
215.66
CRAIG CHARAK
REIMB PERSONAL PROPERTY DAMAGE
90.00
CHAU HUYNH, INC.
LIQUOR LICENSE FEE REFUND
667.00
CASH ESCROW REFUND
2,500.00
3,167.00
CITIBANK, N.A.
PMT OF INS CLAIMS - GAB
1,044.00
KEVIN J. CONDON
OVERPAYMENT OF COMPUTER REIMB
41.50
CREATIVE AWARDS
PLAQUE CELESTIAL CELEBRATION IV
72.70
DEGEORGE'S ELECTRIC ETC, INC.
OVERPAYMENT 1996 CONTRACTOR LICENS
35.00
DISBURSEMENT ACCOUNT
P/R PERIOD ENDED: 12/19
494,989.24
P/R PERIOD ENDED: 12/19
.2,807.50
P/R PERIOD ENDED: 12/19
1,817.81
P/R PERIOD ENDED: 12/19
45,776.71
P/R PERIOD ENDED: 12/19
592.80
P/R PERIOD ENDED: 12/19
15,383.80
P/R: 12/19 PERS AUTO/LIFE INS
3,294.36
P/R: 12/19 PERS AUTO/LIFE INS
2,630.83
P/R: 12/19 REISSUE M. CHEN
1,182.80
PR: 12/19 VOID GILBERT & CHEN
-2,256.00
PR: 12/19 VOID GILBERT & CHEN
-170.80
P/R: 12/19 REISSUE ROSE & GILBERT
2,016.56
RETIREE INSTALLMENTS
1,587.37
RETIREE INSTALLMENTS
2,626.29
RETIREE INSTALLMENTS
4,359.20
RETIREE INST & ULREICH
-341.20
P/R: 12/19 MULLER SICK INCENT
1,809.92
RETIREE INST-REISSUE CHECK
341.20
578,448.39
RICHARD DRAFFONE
OVERPAYMENT OF COMPUTER REIMB
43.28
JAMES EDWARDS
OVERPAYMENT OF COMPUTER REIMB
35.86
ELMHURST APT. PARTNERS
REFUND FINAL WATER BILL 1541893
17.34
REFUND FINAL WATER BILL 1541893
1.86
19.20
F.C. & S. MANAGEMENT
REFUND FINAL WATER BILL -8400903
80.92
REFUND FINAL WATER BILL -8400903
8.68
89.60
FIRST NATIONAL BANK OF CHICAGO
SAVINGS BONDS P/R: 12/19
900.00
AARON FISCHER
OVERPAYMENT OF TICKET
20.00
FLEX COMP PAYOUT
NOV 96 FLEXCOMP REIMB
469.00
OVERPAYMENT OF COMPUTER REIMB
43.28
DECEMBER 96 FLEXCOMP REIMB
670.00
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE:
VENDOR DESCRIPTION AMOUNT
APRIL FOLEY
OVERPAYMENT OF COMPUTER REIMB
1,182.28
39.90
FOLDERS FLAG & DECORATING, INC
REPLACEMENT LIGHT POLE BANNERS
2,975.00
G & A RESTAURANT, INC.
LIQUOR LICENSE FEE REFUND
667.00
JOSE GARCIA JR
OVERPAYMENT OF COMPUTER REIMB
79.92
TED GORSKI
OVERPAYMENT OF COMPUTER REIMB
41.50
FREDERIC GROSSFELD
REFUND FINAL WATER BILL ACCT 20708
26.01
REFUND FINAL WATER BILL ACCT 20708
2.79
REFUND FINAL WATER BILL ACCT 20708
2.88
FRANCISCO GUERRERO
OVERPAYMENT OF COMPUTER REIMB
31.68
47.92
HELLER/SHAPIRO/FRISONE&FERLEGE
WAGE ASSIGNMENT 86L17269
IMRF VOLUNTARY LIFE
NOVEMBER PREMIUM
1,604.52
MICHAEL C. JOLIE
REIMB PERSONAL PROPERTY DAMAGE
270.00
90.00
MICHAEL KRUCHTEN
OVERPAYMENT OF COMPUTER REIMS
41.50
KENNETH R. LEE
OVERPAYMENT OF COMPUTER REIMB
45.69
RONALD G. LOJEWSKI
RESIDENT R/E TR TAX REBATE
522.00
DOUGLAS LUBASH
OVERPAYMENT OF COMPUTER REIMB
41.23
MEDICAL EXCESS, INC.
MOUNT
MEDICAL STOP LOSS INS PREMIUM -1ST
16,555.00
PROSPECT PUBLIC LIBRARY
PPRT 8TH INSTALLMENT
1,934.33
NBD BANK MOUNT PROSPECT, N.A.
PMT OF INS CLAIMS - CUSTARD
1,876.09
EMPLR SHARE FICA COSTS P/R: 12/19
14,575.53
EMPLR SHARE FICA COSTS P/R.: 12/19
194.21
EMPLR SHARE FICA COSTS P/R: 12/19
135.35
EMPLR SHARE FICA COSTS P/R: 12/19
3,007.38
EMPLR SHARE FICA COSTS P/R: 12/19
45.10
EMPLR SHARE FICA COST: P/R: 12/19
1,018.44
EMPLR SHARE FICA COSTS P/R; 12/19
172.49
EMPLR SHARE FICA COSTS P/R: 12/19
-18.44
19,130.06
ALBERT NICKELE
PMT OF INS CLAIMS - CUSTARD
1,091.69
REFUND FINAL WATER BILL ACCT 26371
2.89
REFUND FINAL WATER BILL ACCT 26371
0.31
ROBERT K. O'DONNELL
RESIDENT R/E TR TAX REBATE
3.20
520.00
ERNEST P OLIVIERI
REFUND FINAL WATER BILL ACCT 42000
23.12
REFUND FINAL WATER BILL ACCT 42000
2.48
PENSION DISBURSEMENTS25.60
POLICE PENSION DISB 12/19/96
71,529.30
FIRE PENSION DISB 12/19/96
76,368.88
FIRE PENSION 12/19 -VOID BRELLE
-2,762.52
FIRE PENSION DISB 12/19/96
2,747.64
POLICE PENSION - VOID CREAMER
-1,835.30
DANE PHENEGAR
146,048.00
OVERPAYMENT OF COMPUTER REIMB
6$.04
ANDREA PLAMBECK
REFUND FINAL WATER BILL ACCT 25200
2.89
REFUND FINAL WATER BILL ACCT 25200
0.31
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 3
VENDOR DESCRIPTION AMObRT
3.20
ROBERT RIORDAN
OVERPAYMENT FOF COMPUTER REIMB
41.50
DENNIS RITCHIE
RESIDENT R/E TR TAX REBATE
326.00
SCHROEDER & SCHROEDER INC
WORK AT ARTEMIS
533.10
R. H. SHUDY CO.
REFUND PERMIT 96-2281
50.00
STATE OF ILLINOIS
LIQUOR APPL RECORD CHECK-SANGHRAJK
36.00
LIQUOR APPL RECORD CHECK-BELLA CAP
36.00
72.00
THIRD DISTRICT CIRCUIT COURT
DEC4 BOND MONEY
775.00
DEC5 BOND MONEY
4,075.00
DEC6 BOND MONEY
1,150.00
DEC7 BOND MONEY
1,675.00
DEC8 BOND MONEY
2,600.00
DEC9 BOND MONEY
800.00
11,075.00
CURT VAN PEENEN
REFUND FINAL WATER BILL ACC 401546
20.23
REFUND FINAL WATER BILL ACC 401546
2.17
22.40
VILLAGE OF MOUNT PROSPECT
EMERGENCY ASSISTANCE FD-SEP,OCT,NO
85.60
FUND TRANSFERS
15,000.00
FUND TRANSFERS
54.35
FUND TRANSFERS
2,124.46
FUND TRANSFERS
25.00
DUE TO GENERAL
298.13
17,501.94
DECEMBER ESCROW DISBURSEMENTS
9,900.00
DECEMBER ESCROW DISBURSEMENTS
100.00
DECEMBER ESCROW DISBURSEMENTS
450.00
DECEMBER ESCROW DISBURSEMENTS
1,100.00
11,550.00
RET. INST.-HELEN GIORDANO
7,965.00
MARY V. WAISHWELL
RESIDENT R/E TR TAX REBATE
262.00
WELCOME BACK PRINTING LTD.
PAPER FOR PROGRAMS
16.92
DIANE WILINKIN
OVERPAYMENT ON VEHICLE LICENSE
30.00
WINONA SCHOOL OF PROF PHOTOGR
REFUND FINAL WATER BILL ACCT 81488
37.57
REFUND FINAL WATER BILL ACCT 81488
4.03
41.60
WISCONSIN DEPT: OF REVENUE
INC TAX FOR NOVEMBER, 1996
232.16
TOTAL:
846,934.38
PUBLIC REPRESENTATION
CAPITAL HILTON HOTEL
REGISTR-MAYOR GERALD FARLEY
346.52
THE GREATER O'HARE ASSOCIATION
LUNCH RESV/MAYOR FARLEY/1-14-97
18.00
HOUSE OF SZECHWAN
11/26 BUDGET HEARING DINNER
102.45
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 4
VENDOR DESCRIPTION AMOUNT
PUBLIC REPRESENTATION
MIGHTY MITES AWARDS & SONS NAME PLAQUE/LOHRSTORFER
VILLAGE MANAGER'S OFFICE
10.34
TOTAL: 477.31
ARNSTEIN & LEHR PROFESSIONAL SERVICES RENDERED
PROFESSIONAL SERVICES RENDERED
PROFESSIONAL SERVICES RENDERED
PROFESSIONAL SERVICES RENDERED
PROFESSIONAL SERVICES RENDERED
BRIAN W. CAPUTO
THE COBB GROUP
DAILY HERALD
DISTINCTIVE BUSINESS PRODUCTS
EXECUTIVE PARTNERS
HELEN GIORDANO
HOLY FAMILY MEDICAL CENTER
KIPLINGER WASHINGTON LETTER
MIGHTY MITES AWARDS & SONS
NORTHWEST STATIONERS INC.
PEDERSEN & HOUPT
PETTY CASH - FINANCE DEPT
COMMUNICATION DIVISION
AA SWIFT PRINT, INC.
ABOUT TIME AWARDS, INC.
J & R MUSIC WORLD
JOURNAL & TOPICS NEWSPAPERS
OFFICEMAX CREDIT PLAN
THE PC ZONE
PETTY CASH - FINANCE DEPT.
RESPOND SYSTEMS
WORD PERFECT FOR WINDOWS MAG
STAFF CHRISTMAS LUNCHEON
INSIDE MICROSOFT WINDOWS 95 - 01/
AD FOR 2 SECRETARIES
TOSHIBA 4550 COPIER MTCE
PROFESSIONAL SERVICES RENDERED
PROFESSIONAL SERVICES RENDERED
RETIREMENT GIFT
PRE-EMPLOYMENT PHYSICAL/VASKO,
SUBSCRIPTION RENEWAL
PLAQUES
MISC OFFICE SUPPLIES
89.90735 NEUBAUER
90.00572 MISC FILINGS
92.21337 CAFETERIA PLAN
MISCELLANEOUS EXPENSES
TOTAL:
SC
JAN/FEB NEWSLETTER & CABLEVIEWS
MOUNTED CERTS FOR NATOA AWARDS
RCA SINGLE CD PLAYER
SUBSCRIPTION RENEWAL -COMMUNICATION
OFFICE SUPPLIES
ADOBE ILLUSTRATOR UPGRADE
MISCELLANEOUS EXPENSES
MISCELLANEOUS EXPENSES
SUPPLIES FOR FIRST AID KIT
SUBSCRIPTION RENEWAL 1YEAR
2,368.17
1,980.48
3,675.00
1,194.20
343.75
9,561.60
277.25
9 39.00
700.00
501.60
1,120.00
357.97
1,477.97
300.00
O 388.00
73.00
190.64
108.69
42.50
100.87
1,063.25
1,206.62
19.64
14,844.01
391.40
18.85
89.90
25.00
36.61
101.98
28.84
5.27_
_....
34.11
20.09
27.97
TOTAL: 745.91
I
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 5
VENDOR DESCRIPTION AMOUNT
VILLAGE CLERK'S OFFICE
AA SWIFT PRINT, INC.
ELITE COMPUTER SUPPORT, INC
JOURNAL & TOPICS NEWSPAPERS
NATIONWIDE PAPERS
NORTHWEST STATIONERS INC.
ON TIME MESSENGER SERVICE
PADDOCK PUBLICATIONS, INC.
PIONEER PRESS
FINANCE DEPARTMENT
AMBASSADOR OFFICE EQUIP., INC
BT OFFICE PROD. INT'L., INC.
COMPUSERVE, INC
ELITE COMPUTER SUPPORT, INC
GENERAL BINDING CORPORATION
A. E. KLAWITTER AND ASSOC.,INC
NORTHWEST STATIONERS INC.
PETTY CASH - FINANCE DEPT
SYSTEMS FORMS, INC.
VISIBLE COMPUTER SUPPLY CORP
JAN/FEB NEWSLETTER & CABLEVIEWS
PRINTER REPAIR
CLASSIFIED LEGAL/TRUTH IN TAXATION
NEWSLETTER PAPER (JAN/FEB)
NEWSLETTER PAPER (JAN/FEB)
MISC OFFICE SUPPLIES
DELIVERY
LEGAL NOTICE PUBLIC BUDGET HEARING
CLAS AD#18447
TOTAL:
3,747.70
126.00
110.44
269.01
269.01
538.02
424.99
23.50
65.13
30.00
5,065.78
COPIER STAPLES
118.25
MISC OFFICE SUPPLIES
122.03
OFFICE SUPPLIES
87.87
OFFICE SUPPLIES
152.05
OFFICE SUPPLIES
138.71
500.66
NOVEMBER USAGE CHARGE
9.95
NOVELL UPGRADE INSTALL
480.00
COMPUTER REPAIR
1,393.75
COMPUTER REPAIR
400.00
2,273.75
BINDERS
170.82
SERVICES RENDERED
3,160.00
MISC OFFICE SUPPLIES
59.95
MISC OFFICE SUPPLIES
59.95
MISC OFFICE SUPPLIES
246.63
366.53
MISCELLANEOUS EXPENSES
5.85
MISCELLANEOUS EXPENSES
7.58
13.43
LETTERHEAD/INVOICE
610.61
BUSINESS INSPECTION CERTIFICATES
75.00
DOG LICENSE APPLICATIONS
366.96
WINDOW ENVELOPES
2,056.50
VEHICLE LICENSE APPLICATION
1,442.93
4,552.00
PAPER SUPPLIES
177.89
TOTAL:
11,343.28
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE- 6
VENDOR DESCRIPTION AMOUNT
COMMUNITY DEVELOPMENT DEPT
AACE
1997 MEMBERSHIP RENEWAL/R ROELS
45.00
CDW COMPUTER DISCOUNT WAREHSE.
FRONT PAGE V1.1 #CDW 68349
140.33
WILLIAM J. COONEY, JR.
EXPENSES/IPOL/12-3 TO 12-4-96
142.15
DISTINCTIVE BUSINESS PRODUCTS
TOSHIBA 4550 COPIER MTCE
501.60
HOME DEPOT COMMERCIAL ACCT PR
HOME IMPROVEMENT 1-2-3
19.98
NATIONAL ENVIRONMENTAL HEALTH
MEMBERSHIP RENEWAL 1997 - #4734
75.00
NORTHWEST STATIONERS INC.
MISC OFFICE SUPPLIES
2.23
MISC OFFICE SUPPLIES
-19.80
-17.57
NOVA CELLULAR
MONTHLY SERVICE
28.12
MONTHLY SERVICE
20.16
MONTHLY SERVICE
23.49
MONTHLY SERVICE
27.41
99.18
PETTY CASH - FINANCE DEPT.
MISCELLANEOUS EXPENSES
40.00
SOPHIE'S POLISH DELI
SUPPLIES
120.00
SUBURBAN PRESS
PLUMBING APPLICATIONS
160.00
VEHICLE TOWING STICKERS
138.00
THOMPSON ELEVATOR INSPECTION S
REINSPECT 111 E BUSSE
298.00
31.00
PLAN REVIEW 900 N WOLF RD
50.00
INSPECT 3 AT 111 E BUSSE AVE
93.00
INSPECT/999 N ELMHURST/333 EUCLID
62.00
WAL-MART STORES, INC.
FILM AND BATTERY
236.00
47.10
TOTAL:
--,746.77
COMMUNITY DEVELOPMENT - CDBG
CAMPFIRE BOYS AND GIRLS PAYMENT FOR SEPTEMBER & OCTOBER 666.67
GIRL SCOUTS - ILLINOIS CROSS- BOXWOOD ADVOCACY PROGRAM -NOVEMBER 2,400.00
MICHAEL J. MORAN REHAB LOAN -1903 CAMP MCDONALD RD 150.50
PETTY CASH - FINANCE DEPT. MISCELLANEOUS EXPENSES 100.00
PINNER ELECTRIC 1996 STREET LIGHT PROGRAM 53,596.72
SUBURBAN PRIMARY HEALTH CARE C SERVICES FOR NOVEMBER 1996 1,241.66
VIKING OFFICE PRODUCTS SUPPLIES 99.05
TOTAL; 58,254.60
IIUMAN SERVICES DEPARTMENT
DANCE -PLUS PRODUCTIONS, INC. SECOND 7 WEEKS FALL SESS70N 140.00
NORTHWEST STATIONERS INC. MISC OFFICE SUPPLIES 11.99
POSTMASTER 1100 PRE -STAMPED POST CAPDS@.20 220.00
TOTAL: 371.99
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 7
VENDOR DESCRIPTION AMOUNT
POLICE DEPARTMENT
AMERITECH
MONTHLY SERVICE
36.91
BUREAU OF NATIONAL AFFAIRS, IN
LAW OFFICERS BULLETIN 3/4/97-3/4/9
147.00
CMI, INC
BREATHALIZER PRINTER CARDS
119.10
F & F OFFICE PRODUCTS
OFFICE SUPPLIES
133.38
OFFICE SUPPLIES
11.75
145.13
GILMARTIN, HARRIS & ASSOC.
SEMINAR/RZEPEKI/11-15-96
125.00
HANSEN ASSOCIATES
MONTHLY SERVICE AGREEMENT
126.37
MONTHLY SERVICE AGREEMENT
100.00
MONTHLY SERVICE AGREEMENT 0104977
255.85
MONTHLY SERVICE AGREEMENT 0129868
290.41
772.63
ICMA-401 PLAN
ICMA-401 PLAN P/R: 12/19 PAVLOCK
317.36
KALE UNIFORMS, INC.
BODY ARMOR/BONNER
425.00
BODY ARMOR/NELSON
467.50
BODY ARMOR/FAVIA
425.00
1,317.50
JOE MITCHELL BUICK
TAC CAR PAYMENT/OCT-NOV-DEC-1996
600.00
NORTHERN ILLINOIS GAS CO.
112 E NORTHWEST HWY
1,247.39
NOVA CELLULAR
MONTHLY SERVICE
642.61
RAY O'HERRON CO., INC.
GLOVES
59.95
PARTNERS IN PRIMARY CARE S.C.
PRE-EMPLOYMENT EXAM
304.00
TESTING
25.00
10 PHYSICALS
543.00
3 PHYSICALS
136.00
1,008.00
PETTY CASH - POLICE DEPT.
MISCELLANEOUS EXPENSES
99.00
MISCELLANEOUS EXPENSES
10.05
MISCELLANEOUS EXPENSES
12.22
MISCELLANEOUS EXPENSES
3.24
MISCELLANEOUS EXPENSES
153.90
MISCELLANEOUS EXPENSES
15.88
294.29
POLAROID CORPORATION
KIDCARE STARTER KIT
445.00
REBEL'S TROPHIES, INC.
PLAQUE
81.65
SHORE GALLERIES, INC.
HANDCUFFS
165.20
SYSTEMS FORMS, INC.
COMPUTER PAPER
421.40
SHIPPING LABELS FOR POLICE DEPT
70.15
HONORABLE MENTION/COMMENDATION AWA
190.00
681.55
TELETRAC, INC.
MONTHLY SERVICE DECEMBER 1996
776.00
TREASURER, _STATE OF ILLINOIS
INTERNET ACCESS
1,050.00
TRW CREDIT DATA DIVISION
BACKGROUND INFORMATION SERV NOV. 9
45.00
VHF COMMUNICATIONS INC.
PARTS
65.00
PARTS
648.00
713.00
WOLF CAMERA, INC.
FILM PROCESSING
34.00
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 8
VENDOR DESCRIPTION AMOUNT
POLICE DEPARTMENT
FIRE DEPARTMENT
AIR ONE EQUIPMENT, INC.
AMERITECH
ARAMARK UNIFORM SERVICES, INC
BASIC FIRE PROTECTION INC.
BERRY SCUBA CO.
BT OFFICE PROD. INT'L., INC
CENTEL-ILLINOIS
CHICAGO COMM. SERVICE, INC.
CONNECT, INC.
DOUGLAS TV
FACTORY MUTUAL ENG. CORP.
FAIRVIEW PRINTING SERVICE
FIRE FINDINGS
FORCIBLE ENTRY TRNG STATION
GALL'S, INC.
GOODYEAR SERVICE STORES
GREAT LAKES AIRGAS, INC
GREAT LAKES FIRE EQUIPMENT
ILLINOIS FI " RE CHIEFS SECR.ASSN
INLAND DETROIT DEISEL-ALLISON
LUBRA SYSTEMS
MORTON GROVE AUTOMOTIVE WEST
MOTO PHOTO
FILM PROCESSING
REPAIR WORK ON SQ 13
MONTHLY SERVICE
MONTHLY SERVICE
MONTHLY SERVICE
MONTHLY SERVICE
LINEN SERVICE
LINEN SERVICE
LINEN SERVICE
4.90
38.90
TOTAL: 10,829.17
REFILL OF CO2 EXTINGUISHER
REFILL NITROGEN TANKS
FULL FACE MASK W/COMMUNICATIONS
INK CARTRIDGES
SERVICE
SERVICE
1,170.00
128.09
16.67
19.30
38.57
202.63
55.26
218.50
113.75
387.51
13.75
101.80
115.55
1,095.00
261.80
61.89
26.14
88 03
REPAIR OF MINITOR PAGER 42.50
SERVICE NOVEMBER 1996 21.00
TOSHEBA M452 VIDEO CASSETTE RECORD 358.00
'97 LOSS PREV DATA BOOK UPDATE SER 130.00
INSPECTION REPORT FORMS 165.00
2 YR SUBSCRIPTION/VALENTINE 96 & 9 63.00
FETS CYLINDERS 42.50
CLIPBOARD & INSPECTION CASES 180.95
2 MAB TIRES 180.68
REPAIR 2 TIRES 09: 50
206.18
OXYGEN USP D
167.12
OXYGEN USP D
29.60
'-
196.72262.26
SUPPLIES
CHRISTMAS CARDS
70.00
SELINOID SKINNR VALUE
231.40
SUPPLIES
271.08
REPAIR ALT & REG
145.00
REPAIR ALT & REG
225.00
370.00
8 PICTURES
99.25
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 9
VENDOR DESCRIPTION AMOUNT
I al I S Do 11 DI
NAPA -HEIGHTS AUTOMOTIVE SUPPLY
NORTHERN ILLINOIS GAS CO.
NOVA CELLULAR
PINNER ELECTRIC
SCHWAB REHABILITATION HOSPITAL
SOCIETY OF FIRE PROTECTION
TERRACE SUPPLY COMPANY
TYRE WORKS, INC.
VALVOLINE, INC.
VIAGRAFIX
VIDEO IMAGES, INC.
WAL-MART STORES, INC.
WAREHOUSE DIRECT
PUBLIC WORKS - ADMINISTRATION
SANTOS BAUTISTA
ANDREW BEYER
PAUL BURES
CELLULAR ONE - CHICAGO
CENTRAL CONTINENTAL BAKERY
CINTAS CORP
PHOTOS OF P.O.C.
REPAIR PARTS
REPAIR PARTS
REPAIR PARTS
REPAIR PARTS
REPAIR PARTS
REPAIR PARTS
REPAIR PARTS
REPAIR PARTS
REPAIR PARTS
REPAIR PARTS
REPAIR PARTS
REPAIR PARTS
112 E NORTHWEST HWY
SERVICE
TRAFFIC SIGNAL MAINT 11/96
PHYSICAL PERFORM TEST
MEMBERSHIP/VALENTINE
MISC SUPPLIES
REPLACE TUBE IN WHEEL
DRUMS OF OIL
PAGEMAKER
VIDEO CASSETTE RECORDER REPAIR
VIDEO CASSETTE RECORDER REPAIR
PHOTO SUPP
PHOTO SUPP
PHOTO SUPPLIES & DEVELOPMENT
SHARP CALCULATOR
TOTAL
REIMBURSE 13AL OF SAFETY SHOES ALLO
BAL SAFETY SHOE REIM PER LABOR AGR
CLOTHING ALLOWANCE
SERVICE NOVEMBER 1996
CARROT CAKE -SAFETY COMM
UNIFORM SERVICES 11/20-12/4/96
UNIFORM SERVICES FOR 11/20-12/4/96
UNIFORM SERVICES FOR 11/20-12/4/96
UNIFORM SERVICES 12/11/96
19.70
118.95
397.00
12.82
53.46
23.34
34.13
25.70
55.88
80.09
82.63
123.41
111.38
2.62
1,002.46
1,247.39
169.97
189.84
495.00
60.00
583.15
56.50
409.75
124.95
144.25
144.25
288.50
22.40
10.92
247.74
281.06
55.99
11,014.62
35.00
35.00
152.74
78.44
13.92
145.89
134.89
134.89
134.89
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 10
VENDOR
DESCRIPTION AMOUNT
PUBLIC WORKS - ADMINISTRATION
SANDRA M. CLARK
COMPUSERVE, INC
BARRY EISEN
CON ERSKINE
FEDERAL EXPRESS CORP
ANDY GOMEZ
JAMES E. GUENTHER
FRANCISCO GUERRERO
JOHN HUFFMAN
ILCA
JACKSON-HIRSH, INC.
KNAPP SHOES INC.
JIM NORDIN
ORR SAFETY CORPORATION
PETTY CASH - PUBLIC WORKS
RED WING SHOE STORE
DAVID RISTOW
ALAN SCHWANDT
SEVENTEEN SPECIALTIES INC.
SOCIETY OF MUNICIPAL, ARBORISTS
MICHAEL STEPHENSON
ANTHONY THUM
KELLY UDELHOFEN
UNIVERSITY OF ILLINOIS
WAL-MART STORES, INC.
WEARGUARD
UNIFORM SERVICES 12/11/96
CLOTHING ALLOWANCE
NOVEMBER USAGE CHARGE
REIMBURSEMENT FOR SAFETY SHOES
REIMBURSEMENT FOR SAFETY SHOES
2# PRIORITY PACK
REIMBURSEMENT FOR SAFETY SHOES
CLOTHING ALLOWANCE
REIMBURSEMENT FOR OBTAINING CDL
BAL SAFETY SHOE REIM PER LABOR A
REG 97 WINTER 'SEM: THUM, KUHN, GO
LAMINATING SHEETS
SAFETY SHOES/ANGELL
SAFETY SHOES/ELDREDGE
SAFETY SHOES/WUCKI
SAFETY SHOE/WON
SAFETY SHOES/VILLARREAL
SAFETY SHOES/LINDELOF
SAFETY SHOES/WULBECKER
SAFETY SHOES/NEURURER
SAFETY SHOES/ROSSBACH
REIMB FOR SAFETY SHOES -JIM NORDIN
#302 RT HARD HAT
#302 RT HARD HAT
TRAVEL & SUPPLIES
TRAVEL & SUPPLIES
TRAVEL AND SUPPLIES
TRAVEL AND SUPPLIES
SAFETY SHOES -JIM RORAY
REIMB FOR SAFETY SHOES -DAVE RI
REIMBURSEMENT SAFETY SHOES
POLYESTER DECAL W/BLUE IMPRINT
MEMBERSHIP FEES/SANDY CLARK
REIMB-MIKE STEPHENSON
REIMB-TONY THUM
REIMB-KELLY UDELHOFEN
REG/S CLARK/IDA CLINICS/1-29 -
FILM & FILM PROCESSING
INSULATED COVERALLS
STOW
30/
119.09
669.65
66.95
24.47
85.00
85.00
49.75
85.00
180.17
30.00
GR 35.00
M 240.00
146.29
42.50
42.50
40.00
30.00
30.00
42.50
32.50
42.50
37.50
340.00
85.00
20.77
57.61
78.38
17.48
6.40
56.05
_....
32.00
111.93
85.00
69.92
85.00
100.00
40.00
85.00
85.00
43.29
20.00
28.71
459.39
TOTAL: 3,728.90
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 11
VENDOR DESCRIPTION AMOUNT
PUBLIC WORKS - STREETS/BLDGS
ARROW ROAD CONSTRUCTION
COLD PATCH FOR STORM SEWER REPAIR
247.71
CADE INDUSTRIES
CICI ICE MELT KEGS
1,158.00
SUPPLIES
579.00
SUPPLIES
935.50
672.50
CHEM RITE PRODUCTS COMPANY
SUPPLIES
435.24
SUPPLIES
87.70
522.94
CMS
CONTRACT CUSTODIAL SERVICES
552.00
COMMONWEALTH EDISON
13 E NORTHWEST HWY
137.18
WS WILLE, 1S PROSPECT
22.68
11 E NORTHWEST HWY
167.02
SS BUSSE 1W MAIN ST
22.25
349.13
HOME DEPOT COMMERCIAL ACCT PR
AIR HOSE
9.97
HOWELL TRACTOR & EQUIPMENT CO.
PLOW PARTS
2,500.00
PLOW PARTS
566.54
3,066.54
HOYLE ROAD EQUIPMENT CO.
RUBBER PLOW BLADES
256.00
LEWIS EQUIPMENT CO.
PARTS
312.93
LYONS EQUIPMENT CO.
REPAIR PARTS
1,728.00
MID AMERICA
SNOW PLOW AND CYLINDER
6,254.40
MR. TRADES
SERVICES MT PROSPECT TRAIN STATION
740.15
SERVICES MT PROSPECT TRAIN STATION
359.85
1,100.00
NORTH AMERICAN SALT CO.
ROAD SALT
10,316.71
ROAD SALT
1,246.47
ROAD SALT
1,253.27
ROAD SALT DELIVERED
5,568.20
ROAD SALT DELIVERED
3,815.20
ROAD SALT DELIVERED
633.29
ROAD SALT DELIVERED
1,850.14
24,683.28
NORTHERN ILLINOIS GAS CO.
19 NORTHWEST HWY
220.56
1700 W CENTRAL AVE
3,624.02
3,844.58
ROWLANDS POWER EQUIPMENT
BLOWER
287.92
SAUBER MFG. CO.
STL STEEL SPREADER DEFLECTORS
936.00
SCHAUMBURG HONDA
SNOWBLOWER/ENGINE/MANUALS/LEVER
745.00
SCHROEDER & SCHROEDER INC
1996 SHARED COST SIDEWALK PROGRAM
3,000.00
SCHWEPPE & SONS
LUNCHROOM SUPPLIES
112.17
SHEPP PEST -CONTROL
PEST CONTROL SERVICE 12/96
295.00
DUANE STEWART
REIMBURSE DAMAGED BRICK PAVED DRIV
107.00
VILLAGE OF MOUNT PROSPECT
SERVICE 19'E NORTHWEST HWY
12.80
WARNING LITES OF ILLINOIS
SUPPLIES
272.63
SUPPLIES
421.01
SUPPLIES
16.79
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 12
VENDOR DESCRIPTION AMOUNT
PUBLIC WORKS - STREETS/BLDGS
PUBLIC WORKS - FORESTRY/GRNDS
ACRT, INC.
AERIAL EQUIPMENT, INC.
AMERICAN ARBORIST SUPPLIES, IN
ASPEN VALLEY LANDSCAPE SUPPLY
GRO HORTICULTURE ENTERPRISES
PERMALAWN INC
ROWLANDS POWER EQUIPMENT
THOMSON PUBLICATIONS
PUBLIC WORKS - ENGINEERING
ADDISON BUILDING MATERIAL CO
COMMONWEALTH EDISON
INOTEK TECHNOLOGIES CORP
MIDWEST LASER SUPPLY
NORTHWEST STATIONERS INC
PINNER ELECTRIC
SUPPLIES 100.00
SUPPLIES 13.85
824.28
TOTAL: 51,920.15
HAZARD TREE EVALUATION 7,480.00
SUPPLIES 196.24
WRONG BELT -27.56
168.68
SUPPLIES 530.80
SUPPLIES 504.00
2 1/2" TREES, B&B, PLANTED & GUARN 13,140.00
2 1/2" TREES, B&B, PLANTED & GUARN 1,590.00
2 1/2" TREES, B&B, PLANTED & GUARN 2,100.00
2 1/2" TREES, B&B, PLANTED & GUARN 3,095.00
GREENSPIRE LITTLELEAF LINDEN 630.00
TREE TRANSPLANTING 430.00
20,985.00
PARTS, BOOKS AND MANUAL 935.88
BLOWER 143.96
REVISION OF CHEMICAL BOOKS 1-2-3-4 109.80
SUPPLIES 11/96
SUPPLIES 11/96
SUPPLIES 11/96
SUPPLIES 11/96
SUPPLIES 11/96
SUPPLIES 11/96
SERVICE NOVEMBER 1996
SERVICE NOVEMBER 1996
ENERGY CHARGES FOR "S"
TOTAL: 30,858.12
7.11
54.01
-42.54
13.68
19.72
89.91
141.89
9,580.42
1,851.59
CURVE LIGHT 235.43
11,667.44
LIGHT METERING DEVICE 48.90
REPAIR OF LASER PLANE 74.25
MISC OFFICE SUPPLIES 20.10
TRAFFIC SIGNAL MAINT 4,690.49
TRAFFIC SIGNAL MAINT 11/96 850.00
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 13
VENDOR DESCRIPTION AMOUNT
PUBLIC WORKS - ENGINEERING
5,540.49
JEFFREY WULBECKER CLOTHING ALLOWANCE 59.39
TOTAL: 17,552.46
PUBLIC WORKS - WATER/SEWER
A/C ENERGY SYSTEMS, INC.
DIESEL ON TRAILER
41,061.00
ABM, INC.
MAINT XEROX 7024 9/1/96-9/1/97
217.00
ACTION FENCE CONTRACTORS, INC.
INSTALLATION OF SECURITY FENCING
910.00
REPAIR SECURITY FENCE STATION #5
1,190.00
2,100.00
ADDISON BUILDING MATERIAL CO.
SUPPLIES 11/96
36.95
SUPPLIES 11/96
8.51
SUPPLIES 11/96
15.98
SUPPLIES 11/96
14.95
SUPPLIES 11/96
26.97
103.36
AMERICAN WATER WORKS ASSN.
VIDEO "WATER SUPPLY OPERATIONS"
105.25
AMERITECH
MONTHLY SERVICE
30.63
MONTHLY SERVICE
30.63
MONTHLY SERVICE
224.86
MONTHLY SERVICE
23.16
MONTHLY SERVICE
61.25
MONTHLY SERVICE
30.63
MONTHLY SERVICE
30.63
MONTHLY SERVICE
30.63
MONTHLY SERVICE
533.12
MONTHLY SERVICE
67.07
MONTHLY SERVICE
17.27
MONTHLY SERVICE
17.90
MONTHLY SERVICE
20.54
MONTHLY SERVICE
17.02
1,135.34
AMERICAN NATIONAL BANK
1987B PRINCIPAL & INTEREST
90,000.00
1987B PRINCIPAL & INTEREST
6,460.00
96,460.00
ANDERSON LOCK COMPANY
LOCKS
131.28
LOCKS
111.96
243.24
ANDERSON ELEVATOR CO.
MAINTENANCE FEE DECEMBER 1996
151.41
BADGER METER INC
METER W/TRACE REMOTE
360.94
TRACE REMOTES
424.94
TRACE REGISTER
4,419.00
CREDIT TRACE REGISTER
-3,223.90
TRACE REGISTER
1,122.56
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE. 14
VENDOR DESCRIPTION AMOUNT
PUBLIC WORKS - WATER/SEWER
TRACE REGISTER
192.23
TRACE REGISTER
676.00
CREDIT TRACE REGISTER
-446.68
3,525.09
BUSSE'S FLOWERS & GIFTS
FLORAL ARRANGEMENT -PAT WEEKS
55.00
CDW COMPUTER CENTERS INC.
KODAK DC -40 DIGITAL CAMERA
547.00
CELLULAR ONE - CHICAGO
SERVICE NOVEMBER 1996
?8.43
CINTAS CORP
UNIFORM SERVICES 11/20-12/4/96
145.89
UNIFORM SERVICES FOR 11/20-12/4/96
134.89
UNIFORM SERVICES FOR 11/20-12/4/96
134.89
UNIFORM SERVICES 12/11/96
134.89
UNIFORM SERVICES 12/11/96
119.09
669.65
COMMONWEALTH EDISON
ENERGY CHARGES BOOSTER STATIONS
9,079.87
203 E EVERGREEN
32.41
DOVER ELEVATOR COMPANY
MAINTENANCE 12/1 - 12/31/96
172.06
FIRST TRUST COMPANY
JAWA COSTS
107,171.00
JAWA COSTS
10,797.00
JAWA COSTS
11,911.00
JAWA COSTS
96,317.00
226,196.00
JOSEPH D. FOREMAN & CO.
TS460 STIHL SAW
850.00
VALVE PARTS CUT TAP SLV SCRAP
-400.00
SUPPLIES
760.66
REPAIR PARTS AND PIPE
554.56
REPAIR PARTS AND PIPE
194.50
1,959.72
GEM CONSTRUCTION INC.
LABOR & SERVICE AT VARIOUS LOCATIO
3,439.90
LABOR & SERVICE AT VARIOUS LOCATIO
1,323.88
LABOR & SERVICE AT VARIOUS LOCATIO
360.24
CONCRETE REPAIRS/WATER MAIN REPLAC
1 224.91
6,348.93
W. W. GRAINGER INC.
TOOL BOX
367.88
FLOURESCENT LIGHTS
395.28
FLOURESCENT LIGHTS
263.52
H -B -K WATER METER SERVICE
ACCESS PLUS WATER METER INSTALLATI
1,026.68
73.50
ACCESS PLUS WATER METER INSTALLATI
367.50
ACCESS PLUS WATER METER INSTALLATI
270.26
ACCESS PLUS WATER METER INSTALLATI
23.74
ACCESS PLUS WATER METER INSTALLATI
232.75
967.75
DONALD E. HANSEN
REIMBURSEMENT FOR SAFETY SHOES
64.94
HOWELL TRACTOR & EQUIPMENT CO.
PLOW PARTS
735.96
HOYLE ROAD EQUIPMENT CO.
BLADES
1,264.04
IBBOTSON HEATING CO.
SERV WATER PANEL ON HUMIDIFIER
205.00
JETCO, LTD.
CLEAN & PAINT FLOOR PUMPING STA #1
2,005.00
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 15
VENDOR DESCRIPTION AMOUNT
PUBLIC WORKS - WATER/SEWER
JULIE, INC.
SERVICE CHARGES FOR 11/96
183.20
KNAPP SHOES INC.
SAFETY SHOES/ANGELL
42.50
SAFETY SHOES/ELDREDGE
42.50
SAFETY SHOES/WUCKI
40.00
SAFETY SHOE/WON
30.00
SAFETY SHOES/VILLARREAL
30.00
SAFETY SHOES/LINDELOF
42.50
SAFETY SHOES/WULBECKER
32.50
SAFETY SHOES/NEURURER
42.50
SAFETY SHOES/ROSSBACH
37.50
340.00
J.C. LICHT COMPANY
PAINTING SUPPLIES 11/96
57.42
PAINTING SUPPLIES 11/96
14.45
71.87
ROGER MEYER & SON
DISPOSAL OF SWEEPING 9/96
599.65
DISPOSAL OF SWEEPING 9/96
.1,263.80
DISPOSAL OF SWEEPINGS 9/96
3,471.50
DISPOSAL OF SWEEPINGS 10/96
2,471.00
7,805.95
MILL SPECIALTIES INC.
LENS FOR MAINBREAK FIXTURE
86.30
NET MIDWEST, INC.
WATER SAMPLES TESTED 11/96
203.00
COLIFORM WATER SAMPLE TESTING
63.00
266.00
NIES ENGINEERING, INC.
PROFESSIONAL SERVICES RENDERED
184.80
PROFESSIONAL SERVICES RENDERED
3,574.15
3,758.95
NORTHWEST FIRE EXTINGUISHER &
SERV CALL RECHARGE 4 EXTINGUISHERS
80.50
NORTHERN ILLINOIS GAS CO.
SS GOLF 1W WAPELLA
194.40
1700 W CENTRAL AVE
3,624.01
117 N WAVERLY
116.25
3,934.66
RODERICK O'DONOVAN
CLOTHING ALLOWANCE
225.00
ORR SAFETY CORPORATION
#302 RT HARD HAT
20.77
#302 RT HARD HAT
57.60
78.37
PATNICK CONSTRUCTION INC.
BRIARWOOD WATERMAIN REPLCMNT PROD
68,331.30
PETTY CASH - PUBLIC WORKS
TRAVEL & SUPPLIES
108.25
TRAVEL AND SUPPLIES
29.83
TRAVEL AND SUPPLIES
75.49
213.57
POSTMASTER
POSTAGE FOR WATER BILLS
535.86
POSTAGE FOR WATER BILLS
592.74
1,128.60
QUALITY BLACKTOP, INC
WATER LEAK PARKWAY & WALL REPAIR
5,804.30
QUICK PRINT PLUS, INC.
DOOR HANGERS
315.60
RAINBOW 1 HR PHOTO EXP.
FILM & FILM PROCESSING
4.63
FILM & FILM PROCESSING
30.82
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 16
VENDOR_ DESCRIPTION - AMOUNT
PUBLIC WORKS - WATER/SEWER
RIDGEWOOD ENGINEERING, INC'.
RUST ENVIRONMENT & INFRASTR.
SEARS
SEVENTEEN SPECIALTIES INC.
SIDENER SUPPLY COMPANY
THE SIDWELL COMPANY
SOUTH SIDE CONTROL COMPANY
STANDARD PIPE & SUPPLY
WAL-MART STORES, INC.
WEARGUARD
WESTINGHOUSE ELECTRIC CORP.
PUBLIC WORKS - REFUSE DISPOSAL
ARC DISPOSAL COMPANY
SOLID WASTE AGENCY OF NORTHERN
FILM
& FILM
PROCESSING
15.22
FILM
& FILM
PROCESSING
15.22
FILM
& FILM
PROCESSING
10.91
FILM
& FILM
PROCESSING
6.95
FILM
& FILM
PROCESSING
18.85
FILM
& FILM
PROCESSING
29.58
132.18
MODIFY ELEC SYS AT BOOSTER PUMP ST 9,923.00
PROF SERV RENDERED THROUGH 10/4/96 5,440.30
TOOLS 255.84
CREDIT FOR TOOLS -10 rr,
POLYESTER DECAL W/BLUE IMPRINT
SUPPLIES
FIRE HYDRANT PARTS
'96 COOK CO LEASE ATLAS VOLUME 2
JOHNSON TEMPERATURE CONTROL
GATE VALVE
HOSE CONN
PLUMB SUPP
FILM & FILM PROCESSING
INSULATED COVERALLS
SERVICES RENDERED
NOVEMBER COLLECTIONS
NOVEMBER COLLECTIONS
NOVEMBER COLLECTIONS
NOVEMBER COLLECTIONS
NOVEMBER COLLECTIONS
TIPPING FEES -JANUARY
TIPPING FEES -JANUARY
TOTAL:
236.34
100.00
1,107.19
2,646.00
3,753.19
399.00
136.82
42.54
25.04
9.32
76.90
19.87
459.38
1,850.00
511,661.28
45,042.33
17,025.03
29,857.10
2,874.01
3,426.19
103,224.66
68,980.67
32,720.68
101,701.35
TOTAL: 204,926.01
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 17
VENDOR DESCRIPTION
AMOUNT
PUBLIC WORKS - VEHLICE MAINT
AERIAL EQUIPMENT, INC.
AETNA TRUCK PARTS
ANDERSON LOCK COMPANY
ANTIOCH TIRE, INC.
AUTOMOTIVE DIAGNOSTICS
BEARING DISTRIBUTORS, INC.
BERLAND'S HOUSE OF TOOLS
CARQUEST ARLINGTON HGTS
CATCHING FLUIDPOWER
CONRAD AND SON
DAVE & JIM'S AUTO BODY, INC.
DOUGLAS TRUCK PARTS
FRIES AUTOMOTIVE SERVICES,
GOODYEAR SERVICE STORES
SUPPLIES
TRUCK PARTS
TRUCK PARTS
REMOVAL OF STUCK KEY
TIRE REPAIRS AND MATERIALS
TIRES
SOFTWARE SUBSCRIPTION
FAFNIR BEARING
BCA BEARING
SUPPLIES
PARTS CREDIT
REPAIR PARTS
REPAIR PARTS
FITTINGS
CABINETS AND WORKTOPS
WHEEL ALIGNMENT P-1
WHEEL ALIGNMENT 1-22
WHEEL ALIGNMENT D-43
SUPPLIES
INC TOW 2716
TIRES
TIRES
CREDIT FOR TIRES
TIRES
TIRES
TIRES
TIRES
INLAND DETROIT DEISEL-ALLISON
J & L INDUSTRIAL SUPPLY CO.
LATTOF CHEVROLET, INC.
LEACH ENTERPRISES, INC
LEE AUTO PARTS
A/C DELCO FILTERS
VERTICAL/HORIZONTAL INDEX TABLE
CAPSCREW COUNTER BORE
MISC AUTO
PARTS
11/96
MISC AUTO
PARTS
11/96
MISC AUTO
PARTS
11/96
MISC AUTO
PARTS
11/96
MISC AUTO
PARTS
11/96
MISC AUTO
PARTS
11/96
MISC AUTO
PARTS
11/96
RAYBESTOS BRAKE PADS
HOSE
50.92
32.78
143.94
176.72
72.00
54.00
21.00
75.00
995.00
143.59
48.57
192.16
565.99
-38.36
25.03
164.74
151.41
97.80
3,844.00
35.00
35.00
35.00
105.00
88.74
55.00
589.32
1,050.20
-589.32
430.08
214.13
193.84
215.66
2,103.91
285.64
504.93
20.35
525.28
274.50
4.24
91.46
81.56
287.25
385.81
25.88
1,150.70
63.90
19.30
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 18
VENDOR DESCRIPTION AMOUNT
PUBLIC WORKS - VEHLICE MAIINT
LUND INDUSTRIES, INC.
EQUIPMENT
2,490.00
LYNCH AUTO GROUP
REPAIR PARTS
463.81
REPAIR PARTS
31.50
REPAIR PARTS
281.08
REPAIR PARTS
86.32
LYONS EQUIPMENT CO.
REPAIR PARTS
862.71
70.00
MANUFACTURER SUPPLY COMPANY
REBUILD ARO PUMP #612057
329.54
MATCO TOOLS
TORCH LIGHTERS
119.70
MCMASTER-CARR
CABLE TIES & MOUNTS
106.10
MORTON GROVE AUTOMOTIVE
REBUILD ALTERNATOR & STARTER
170.00
REBUILD ALTERNATOR
110.00
REBUILD STARTER
85.00
MUNICIPAL PIPE TOOL CO., INC.
SUPPLIES
36S.00
1,882.90
PETTY CASH - PUBLIC WORKS
TRAVEL & SUPPLIES
8.35
TRAVEL & SUPPLIES
57.77
PLEZALL
POLO RAGS
66.12
680.00
POLLARD MOTOR COMPANY
PARTS
95.47
PARTS
9.96
PARTS
69.95
PRO FINISH
CLEANING SUPP
175.38
262.30
JOHN SAKASH COMPANY, INC.
CABLE
341.40
SCHAUMBURG HONDA
SNOWBLOWER/ENGINE/MANUALS/LEVER
391.39
SOLVENT SYSTEMS INT'L. INC.
OIL FILTERS RECYCLING
300.00
STANDARD TANK INSTALL. CO.,INC
PARTS
114.81
SUBURBAN TRIM & GLASS CO.
REBUILD DRIVER SEATS P-7, P-8
183.50
TERRACE SUPPLY COMPANY
OXYGEN CYL
72.55
UNION CITY BODY COMPANY, L.P.
PARTS
38.15
UPTOWN AUTO SUPPLY
ROTOR
254.36
CREDIT ROTOR
-127.18
SHOE KIT
40.02
CREDIT SHOE KIT
-40.02
PARTS
552.42
SHOE KIT
40.02
DISC BRK
54.00
ROTOR
202.08
VHF COMMUNICATIONS INC.
REPAIRS TO RADIO
975.70
114.50
WHOLESALE TO THE INSTALLER
REPAIR PARTS
95.10
REPAIR PARTS
64.20
REPAIR PARTS
7.00
REPAIR PARTS
159.00
REPAIR PARTS
100.44
REPAIR PARTS
266.24
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 19
VENDORDESCRIPTION AMOUNT
PUBLIC WORKS - VEHLICE MAINT
COMMUNITY SERVICE PROGRAMS
REINHOLD A. BARTH
EMILIE BATY
CHARLENE BOE
FOLGERS FLAG & DECORATING, INC
KATHERINE R. KAMPPINEN
NANCY KONTOPOULOS
MOUNT PROSPECT HISTORICAL SOCI
WARNING LITES OF ILLINOIS
WINKLER TREE INC
REPAIR PARTS
REPAIR PARTS
PROPERTY TAX RELIEF GRANT
PROPERTY TAX RELIEF GRANT
PROPERTY TAX RELIEF GRANT
1996 CHRISTMAS DECORATIONS
PROPERTY TAX RELIEF GRANT
PROPERTY TAX RELIEF GRANT
1996 BUDGET ALLOC-DECEMBER
SUPPLIES
INSTALL/REMOVE LIGHTS DOWNTOWN ARE
TOTAL:
43.00
52.38
787.36
21,347.58
100.00
50.12
100.00
3,600.00
100.00
100.00
2,916.63
88.75
25,017.00
32,072.50
AETNA TRUCK PARTS
TRUCK PARTS
284.40
TRUCK PARTS
284.40
568.80
ARLINGTON HTS. PARK DISTRICT
SERVICES PHASE III DEV - MELAS PAR
9,328.26
ARROW ROAD CONSTRUCTION
REMOVE/REPLACE CURB & GUTTER
1,210.00
PATCH REMOVE/REPLACE
10,944.00
12,154.00
BUCOM
2 WARNING SIRENS
53,056.00
CATCHING FLUIDPOWER
PARKER HYDRAULIC HOSE AND FITTINGS
644.58
PARKER HYDRAULIC HOSE AND FITTINGS
567.76
1,212.34
COLFAX WELDING FABRICATING
EXHAUST EXTEN/EMERGENCY GENERATOR
2,599.70
CORE -VETTE
SERVICES RENDERED - POLICE & FIRE
315.00
FLOW PRODUCTS, INC.
NYLON HOSE PROTECTOR
546.00
NYLON HOSE PROTECTOR
377.24
GUARD
161.77
1,085.01
GOODYEAR SERVICE STORES
TIRES
214.13
TIRES
214.13
428.26
INDUSTRIAL STEEL SERV. CENTER,
STEEL
574.06
STEEL
574.06
1,148.12
JBM ENGINEERS & PLANNERS
ADDITIONAL ENGINEERING SERVICES
4,000.00
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 20
VENDOR DESCRIPTION AMOUNT
CAPITAL IMPROVEMENT PROJECTS
KRUGEL COBBLES, INC.
BRICK SIDEWALK WORK/DOWNTOWN AREA
2,085.00
LATTOF CHEVROLET, INC.
'97 CHEVROLET CAVALIER 4 DR SEDAN
1-2,755.66
MATERIAL TESTING LABORATORIES
PAVEMENT TESTING/'96 ST IMPROVE PR
1,286.00
MID AMERICA
VCT -12 SALT SPREADER
1,730.00
VCT -12 SALT SPREADER
1,730.00
3,460.00
MID -AMERICA POWER DRIVES
GRESEN VALVE & TYONE PUMP
595.00
GRESEN VALVE & TYONE PU14P
595.00
GRESEN RETAINER
3.00
GRESEN RETAINER
3.00
1,196.00
MORRELL CONTROLS TECH.
CLAMPS
135.60
CLAMPS
135.59
CJEN FITTINGS
291.92
CJEN FITTINGS
291.91
855.02
RUST ENVIRONMENT & INFRASTR.
DESIGN ENGINEERING SEEGWUN/MILBURN
2,004.64
DESIGN ENG-MAPLE/BERKSHIRE
4,452.43
6,457.07
SAUBER MFG. CO.
MULTI HITCH
S3.00
MULTI HITCH
83.00
166.00
SCHROEDER & SCHROEDER INC
1996 SHARED COST SIDEWALK PROGRAM
30,507.23
VISU-SEWER CLEAN & SEAL, INC.
INSTALL CURED -IN-PLACE LINING
21,400.00
ARTHUR WEILER, INC.
REPLACE SHRUB PLANTING VARIOUS LOC
6,992.00
ZIEBART
RUSTPROOF 1997 CHEV CAVALIER
235.00
TOTAL:
173,290.47
DEBT SERVICE
AMERICAN NATIONAL BANK BANK FEES 1991A -1991B -1992A -1992B 125.00
BANK FEES 1991A -1991B -1992A -1992B 12S.00
BANK FEES 1991A -1991B -1992A -1992B 250.00
BANK FEES 1991A -1991B -1992A-19923 250.00
BANK FEES 1991A -1991B -1992A -1992B 250.00
1987C PRINCIPAL & INTEREST 55,000.00
1987C PRINCIPAL & INTEREST 3,910.00
1987B PRINCIPAL & INTEREST 265,000.00
1987E PRINCIPAL & INTEREST 14,110.00
339,020.00
FIRST NATIONAL BANK OF CHICAGO SSA&l PRINCIPAL & INTEREST 18,000.00
SSA&l PRINCIPAL & INTEREST 2,065.00
20,065.00
TOTAL: 359,085.00
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 21
VENDOR DESCRIPTION AMOUNT
RISK MANAGEMENT
NOEL CISNEROS FULL/FINAL SETTLEMENT ALL CLAIMS
GAB ROBINS NORTH AMERICA, INC. REIMBURSEMENT
R. E. HARRINGTON, INC. MEDICAL CLAIMS THRU 12/10
MEDICAL CLAIMS THUR 12/16
MEDICAL CLAIMS THRU 12/12
MEDICAL CLAIMS THRU 12/18
MEDICAL CLAIMS THRU 12/19
MASSACHUSETTS MUTUAL LIFE INS
RANDALL WERDERITCH
grlla�� �-kv. I
INSURANCE/RONALD PAVLOCK
REIMBURSEMENT
CIRCUIT CITY STORES #3115 QUASAR 13" TV/VCR
278.34
186.30
19,209.95
22,751.74
12,562.89
18,836.57
7,318.56
80,679.71
2,398.03
21.59
TOTAL: 83,563.97
289.99
TOTAL: 289.99
GRAND TOTAL: 2,451,924.25
List of Bills Presented to the Board of Trustees
DECEMBER 31, 1996 PAGE: 22
SUMMARY BY FUND
O1
GENERAL FUND
700,975.24
03
REFUSE DISPOSAL FUND
207,927.72
05
MOTOR FUEL TAX FUND
27,793.16
07
COMMUNITY DEVELPMNT BLOCK GRNT
60,207.76
15
PUBLIC WORKS FACILTY B&I 1987E
279,110.00
16
POLICE & FIRE BLDG B&I 1991A
125.00
21
DOWNTOWN REDEVLOPMNT B&I 1987C
58,910.00
23
DOWNTOWN REDEVLOPMNT B&I 1991E
250.00
24
DOWNTOWN REDEVLOPMNT B&I 1992B
250.00
30
FLOOD CONTROL B&I 1991A
125.00
31
FLOOD CONTROL B&I 1992A
250.00
51
CAPITAL IMPROVEMENT FUND
68,056.00
52
POLICE & FIRE BLDG CONST FUND
9,906.70
53
CAPITAL IMPROVEMENT CONST FUND
9,328.26
55
DOWNTOWN REDEVLPMNT CONST FUND
2,085.00
56
STREET IMPROVEMENT CONST FUND
4,000.00
59
FLOOD CONTROL CONST FUND
27,857.07
61
WATER AND SEWER FUND
562,189.20
63
PARKING SYSTEM REVENUE FUND
3,267.74
66
VEHICLE MAINTENANCE FUND
56,637.45
67
VEHICLE REPLACEMENT FUND
23,110.21
69
RISK MANAGEMENT FUND
142,117.98
71
POLICE PENSION FUND
69,694.00
72
FIRE PENSION FUND
76,354.00
73
BENEFIT TRUST #2 FUND
2,626.29
77
FLEXCOMP ESCROW FUND
1,139.00
79
ESCROW DEPOSIT FUND
37,566.47
81
SSA #1 PROSPECT MEADOWS B&I
20,065.00
2,451,924.25
PROCLAMATION
WHEREAS, the Mount Prospect Jaycees organization was established in 1957; and
WHEREAS, the Mount Prospect Jaycees promotes the participation of young adults
in their community in a variety of activities; and
WHEREAS, the Mount Prospect Jaycees believe and actively practice their belief
that service to humanity is the best work of life; and
WHEREAS, the residents and business community of the Village of Mount Prospect
enthusiastically support the projects of the Mount Prospect Jaycees and their efforts
on behalf of the community as a whole; and
WHEREAS, some of the activities sponsored by the Mount Prospect Jaycees are
the annual Memorial Day Carnival, the Haunted House, providing entertainment
and gifts for patients at the St. Jude's Hospital, the award winning Hospital Care -A -
Van, providing support for the senior citizens in the Village and 36 years of
Thanksgiving Day Turkey -Trot Races; and
WHEREAS, the Village of Mount Prospect is fortunate to have such a dedicated
group of people who give generously of their time and efforts for the benefit of so
many.
NOW, THEREFORE, 1, Gerald L. Farley, Mayor of the Village of Mount Prospect
do hereby proclaim the week of January 12 -18, 1997 as JAYCEE WEEK in the
Village of Mount Prospect. I do further encourage our residents to support the
Mount Prospect Jaycees in their worthwhile efforts.
Gerald L. Farley
Mayor
ATTEST:
Carol A. Fields
Village Clerk
Dated this 7th day of January, 1997.
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES
FROM: VILLAGE MANAGER'S OFFICE
DATE: JANUARY 2, 1997
SUBJECT: PETE'S SANDWICH PALACE, CLASS W LIQUOR LICENSE
CHANGE IN OWNERSHIP
The attached Liquor License application will be presented for your consideration on at the January 7
Village Board meeting.
All prerequisites regarding the Liquor License application have been met and the cover memo giving
you the background and details of this change in ownership will be forwarded to you on Monday,
January 6, 1997.
ONIS
CORPORATION
VILLAGE OF MOUNT PROSPECT
COOK COUNTY, ILLINOIS
LOCAL LIQUOR CONTROL COMMISSION
APPLICATION FOR RETAIL LIQUOR DEALER'S LICENSE
RENEWAL DATE: 94,
NEWS ($250 Non -Refundable Applicstton OeWfor
Issuance of nm Liquor License; one-time only fee)
Honorable Gerald L. Farley, Village President
and Local Liquor Control Commissioner
Village of Mount Prospect, Illinois
R
Reference in this Application to an owner shall mean any person who is an owner' of more
than five percent (5%) of the corporation which is applying for the license. All questions
must be answered completely. If more room is needed, attach a separate addendum.
Th undersigned, an,94 x n IAArs° hereby mate application for a Class
,17 liquor dealer's license for the period ending April 30, 191L and tenders the sum of
$14,00-400 the prescribed fee as set forth in the following:
SCHEDULE OF ANNUAL FEES FOR THE VARIOUS CLASSES OF
RETAIL LIQUOR DEALERS' LICENSES (SECTION 13.106):
CLASS A:
PAWN pwdopw end conwrVilm on pram""
$ 2,500.00
CLASS e:
CoawnPH- an prinks OW
2,000.00
CLASS C:
PAWL pwtdnpw-4
2,000.00
CLASS D:
Na►pdN pkfwt alit., Oft or fraboal
: eawW"M on Fin ant
750.00
CLASS E:
CateWs keno
2,000.00
CLASS F:
Food Cad Nowa
2,000,00
CLASS Q
Pak DtMd Ga Cavo; Dor wed who;
1h «akar of" MW weftbk"Ift
M ow" bw : aonwaFtlon on
CLASS It
SWW CkAr cftft In
2,000.00
CLASS M:
Nobhkrrwtfr,now kir,ffowwm
mW pokaow and ammunVOn an p u iw
ZMAO
CLASS P.,
ReW pfdupw .. Mpabd wM non.
"
OVA Dor wed wkw ady - no
txrwww- an pwmMo
11750.00
CLASSFt
Ratadwd-rwaurOw 9Ofhp thin any
2.000.00
CLASS S:
Ratted with a btutpw
2500 00
CLASS S1:
PAdMJ nt Wkh w btMpw
2.500.00
CLASS T:
90"V Apy
2AWA0
CLASS V:
Raid pwdapw - wkw a*
1,500.00
- CLASS W.
Redrxwd. =wwg5an of Dor wed wkr
Oft nm d dkft WWI adr
1,500.00
CLASS XX:
Li ma with SpKWC*WWfw _
250000
SURETY 00!50.
$500.00
I
CORPORATION
THIS APPLICATION MUST BE COMPLETED BY AN OWNER.
EACH LICENSE TERMINATES ON THE 30TH DAY OF APRIL
1. Name and address of person completing this Application.
1416WnE4-
2. State your relationship to the business for which the license is sought.
gELI) 0&)&.CP
3. Address of the proposed licensed business. 7/-Z 0., A)oP-r9u1zS7'__-11AVV.
t
4. Name of corporation to which license is to be Issued,
sqA1,otvio-,y Pqi-nc6-
5. Name under which the licensed business Will be operated.
— &6 re Is ml)U2112# --pig)-9cen
6. Description of the premises at which business will be operated.
FAST FOO A b W / G pe EA.
Total square feet /. e 0 0 Bar area Ala — Kitchen area: JO -0 — No. of
tables .2 T Jll� /6- Type of food served: FAST F,000 No. of parking spaces
7. Does the corporation own the building or the space in which the business is
located?
A10
not, you must attach a copy of your, lease to this application).
8. The expiration date of the lease is /6-
9. Do you have or intend to have a management contract with another entity or person,
who is not a bona fide employee, to manage the licensed business for you? — 'VQ -
10. If the answer to number 7 is yes, state the name and address of the manager or
management company.
(The manager or management company must complete a management company affidavit).
11. Date of incorporation bO g., (Attach a copy of the Articles of
Incorporation).
12. Has the corporation ever been dissolved, either voluntarily or involuntarily? If so,
state date of reinstatement A10
13. If the corporation is incorporated in a state other than the State of Illinois, you must
attach the document pursuant to which the corporation was qualified under the Illinois
Business Corporation Act to transact business in Illinois.
14. List the names, addresses, dates of birth, telephone numbers and Social Security
Numbers of all Officers and Directors.
CORPORATION
KL=
lAfe
/�,,
Date of Birth: 1p�`_7* Social Security # / 3 7o Phone #_I 3 `% -55iS
Date of Birth: Social Security # Phone #
c
Date of Birth: ` Social Security # Phone #
Date of Birth: Social Security # Phone
Date of Birth: Social Security # Phone #
15. List the names, addresses, dates of birth and Social Security Numbers of all
shareholders owning in the aggregate more than 5% of the stock of the corporation:
PERCENT OF
NAME ADDRESS " STOCK HELD
.a 01 2c � 011'_
Q.H6a,
Date of Birth: 149Social Security# iU Phone #
3-� x
Date of Birth: Social Security # Phone #
Date of Birth: Social Security # Phone #
Date of Birth: Social Security # Phone
Date of Birth: Social Security # Phone #
Date of Birth: Social Security # Phone #
(Additional informadon to be Included on a separate listing).
IqEGMIOI�* Z
116.1s the corporation a subsidiary of a parent corporation? If so, state the name of parent
corporation. (The Liquor Commission has the right to require that the parent company
complete a similar application). NO
17, Has any person listed in numbers 14 and 15 or any or your managers ever been
found guilty of a felony or a misdemeanor, Including but not limited to any gambling offense
and any alcohol related traffic offense? A/0 If so, explain the charge, the date, the city
and state where the charge was brought and the disposition. This must include all
findings of guilty, whether subsequently vacated or not and shall specifically include any
orders of court supervision, whether satisfactorily completed or not.
(1) Name of Person
I
Date city & state
Disposition
(2) Name of Person
Date city & state
Disposition
Charge
Charge
18. Is the corporation obligated to ay a percentage of profits to any person or entity not
listed in numbers 14 and 157
If so, explain:
19. If this is a new license application, what kind of business was previously nducted
in the space whicWyou intend to,opergia yourbAlness? An H
20. State the value of goods, wares and merchandise to be used in the business that
are purchased and on hand at this time: $a'000w .
21. How long has the corporation been In the business of the retail sale of alcohol?_
(1ften answering questions 22 through 32, the term person"shall include any partnership
in which the person was a partner, or any corporation in which the person was more than
a 5% shareholder)
22. Is any person listed in numbers 14 and 15 or any of your
managers an elected public official? NO - If so, state the
office and unit of government:
23.- Is any other person directly or indirectly connected with the operation, ownership or
management of your place of business an elected public official? IVQ If so, state the
:
CORPORATION
24. In the past two years, has any person listed in numbers 14 and 15 or any of your
managers made any political contributions to any member of the Mount Prospect Board
of Trustees or to any member of the Illinois State Liquor Commission?ll
25. If the answer to question #24 is yes, state each one and the amount:
(3
26. Does any person listed in numbers 14 and 15 or any of your managers hold any law
enforcement office? 6 If so, name the title and agency:
(1) Person Title
Agency
(2) Person Tide
Agency
27. Does any person listed in numbers 14 and 15 or any of your managers possess a
current Federal Wagering or Gambling Device Stamp? 1110
If so, state the reasons:
28. Has any person listed in numbers 14,an,15 or any of your ma rs.ever held
another liquor Ik�ense in the untied States?/ If so; state the dates, city and state of
each license:
(1) License Holder Date
City & State
(2) License Holder Date
City & State
29. Has any person listed in numbers 14 and 15 or any of your managers ever had a
previous liquor license (whether wholesale or retail) revoked by the Federal government
or by any state, county or local government? A10 If so, explain:
30. Has any person listed in numbers 14 and 15 or any of your managers ever been
denied a liquor license from any jurisdiction? If so, state the particulars:, &Q
31. Other than when making an initial application for a license, has any persons listed
in numbers 14 and 15 or any of your managers ever been subject to charges, hearing or
investigation by any jurisdiction with respect to a liquor license? " N
CORPORATION
32. If the answer to question #31 is yes, list each and every charge, the date of the
charge, the eventual disposition of the charge and the municipality or other jurisdiction
bringing the charge.
(1) Charge Date
Jurisdiction Disposition
(2) Charge Date
Jurisdiction Disposition
If no charges were involved, state the reason for the investigation or hearing.
33. It is your duty to read the Mount Prospect Village Code, Chapter 13, Alcoholic
Beverages carefully, N necessary, with your lawyer. After having done so, is there any
reason why you or any person listed in numbers 14 and 15 or any of your managers is
disqualified to receive a license because of the laws of this State or the Ordinances of this
Village?A10 If yes, state the reason:
34. Is there any State of Illinois or Village of Mount Prospect regulation which you do
not understand? WO If yes, please explain.
35. Does the business Which is prop!io to 0e,ficensed, cufferMy carry Dram Shop
Insurance cove ragefor ft prWmiW� 13 �If ',Yes", attach copy.
36. If the premises are leased, does the owner of the premises carry Dram Shop
Insurance coverage? - (if the answer to either of the foregoing questions is "no,"
no license shall be Issued.
37, Give name, address, date of birth, telephone number and Social Security Number
of all managers or agents who will be in
charge of the premises for which this application Is made:
(1) Name lilaygiEl., 94RQ01AA)A)1& Address 6,r0V 4441'f-61A11P
Date of Birth Telephone#
Social Security #
(2) Name
Date of Birth
Social Security #
Address
Telephone #
38. If this is a renewal application, has the ownership or management changed in any
manner since the prior application? q6, if yes, please explain: &ze'�
-7-
CORPORATION
A license is not transferable under any circumstances. At such time as any
person becomes a 5% stockholder who was not named as such at the time of
application, the license Issued pursuant to this application will become void. If you
anticipate a sale of the business, or a 5% change in ownership, it Is your sole
responsibility to assure that a reapplication process is started well ahead the
change. ALL INVESTIGATIONS BY THE LOCAL AUTHORITIES MUST BE
COMPLETED BEFORE A NEW LICENSE WILL BE ISSUED. Approval for a license
takes a minimum of forty-five (45) days and may take much longer.
THE SURETY BOND REQUIRED BY THE MOUNT PROSPECT VILLAGE CODE MUST
ACCOMPANY THIS APPLICATION AT THE TIME OF FILING.
Corporate Seal
(If applicant is corporation)
CORPORATION
STATE OF ILLINOIS)
)SS.
COUNTY OF C 0 0 K)
Who, first being duly swom, under oath deposes and says that _he is/are the
applicant(s) for the license requested in the foregoing Application; that _he– is/–are of good
repute, character and standing and that answers to the questions asked in the foregoing
Application are true and correct in every detail. I further state that I have read and
understand the Code provisions of the Mount Prospect Village Code which address the
sale and delivery of ak*holic beverages. I further agree not to violate any of the laws of
the State of Illinois, the United States of America or any of the ordinances of the Village of
Mount Prospect in the conduct of my place of business.
I ALSO UNDERSTAND THAT AN UNTRUE, INCORRECT OR MISLEADING
ANSWER GIVEN IN THIS APPLICATION IS SUFFICIENT CAUSE FOR THE REFUSAL
TO GRANT OR THE REVOCATION OF ANY LICENSE GRANTED PURSUANT TO THIS
APPLICATION.
I further give my permission to the Village of Mount Prospect or any agency of the
Village to check with any agency or individual named or referred to in this Application to
verify or clarify any answer that I have given.
APPUCA14T
Subscribed and Swoin to before ma this S!i "N day:ofh'-��-v
NOTARY PUBLIC ��
APPLICATION APPROVED:
+^ RUBERTA C. CLINGER
Gxrvrmsian Expires 11 911 910 0
Local Liquor Control Commissioner
in
CAF/
12/12/96
RESOLUTION NO.
ARESOLUTION AUTHORIZING ANAGREEMENT BETWEEN
THE VILLAGE OFMOUNT PROSPECT AND TELENO|G.INC. RELATIVE
TO PROVIDING A PUBLIC ACCESS STUDIQ IN THE VILLAGE
WHEREAS, the Village ofMount Prospect and Te|enoio.Inc. entered into aCob!e
Television Franchise Agreement dated August 1, 1981, as amended by a certain
"Agreement of Modifications and Amendment to Franchise Agreement" authorized by
Resolution No. 35-93 and effective as of August 17, 1993 (the Franchise Agreement);
and
WHEREAS, Section 21 (a) entitled "Production Facilities" of said Franchise Agreement
requires the Franchisee to provide production facilities including, but not limited to, a
studio and editing capabilities toserve the Village ofMount Prospect; and
WHEREAS, a production facility is very important to the residents of the Village in
order to avail themselves of the services to be provided by Telenois, Inc.; and
WHEREAS, the Franchisee has guaranteed eproduction facility will beprovided in
Mount Prospect; and
WHEREAS, in order to guarantee installation of the required production facility,
Te|enoie. Inc. has agreed to enter into onAgreement with the Village of Mount
Prospect, acopy ofwhich Agreement ieattached hereto and hereby made apart hereof
NOW, THEREFORE, 8EIT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OFTHE VILLAGE OFMOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE� That the above and foregoing recitals beand the same are hereby
incorporated and made apart ofthis Resolution.
SECTION TWO: That the Mayor and Board of Trustees ofthe Village ofMount
Prospect on behalf of the Village of Mount Prospect do hereby authorize entering into
anAgreement with Te|onoie.Inc. guaranteeing the installation ofoproduction facility in
the Village of Mount Prospect, a copy of said Agreement is attached hereto and hereby
made apart hereof aaExhibit ^A".
SECTION THREE: That this Resolution shall beinfull force and effect from and after
its passage and approval inthe manner provided bylaw,
NAYS,
PASSED and APPROVED this day n[ J 1996
ATTEST: Gerald LFarley, Mayor
Carol A. Fields, Village Clerk
_
MAI TAIN
Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM TREE ='USA
To: Village Manager Michael E. Janonis
From: Traffic Engineer
Date: December 24.18SO
Subject December Safety Commission Recommendation
SpeedLimbChonge-BussoAvabetweenVYe-GoTrond Main St
The Safety Commission transmits their recommendation to approve the following speed limit
change.
The Speed Limit onBusse Ave between We -Go Trand Main Stbechanged
from 30 mph
to 25 mph
Due to speeding on Busse Ave, the Safety Commission instructed the Village Traffic Engineer
toprocess reducing the speed limit nfthe entire length ofBusse Ave from 3Vmph 1o25mph.
Note that the speed limit of Busse Ave between Weller Ln and We -Go Trail is 20 mph and the
speed limit of Busse Ave between Main Street and M1 Prospect Rd is 26 mph. Therefore, the
speed limit of Busse Ave between We -Go Trail and Main Street needs to be reduced from 30
mph 0u25mph.
Aspeed survey ufcars unBusse Ave was performed inSeptember, 199G. The 85dhpercentile
speed was between 30 - 33 mph which indicates the occurrence of random speeding. The
Village Traffic Engineer sent out surveys per the Notification Policy to all affected residents to
collect their opinion and notify them of the December Safety Commission Meeting schedule.
43 surveys were returned to the Village out of 60 surveys sent out to residents. 39 residents
favored and 4residents were against the proposed speed limit change.
Byavote cf7-O'the Safety Commission recommends the above change.
Please include this onthe January Village Board Meeting Agenda.
Enclosed are the Safety Commission Minutes from that meeting for reference.
�
Sean Won
c: Village Clerk Carol Fields
NO OfAIJOCC-
F
Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM TREE CrrY USA
To Village Manager Michael EJonnnis
From: Traffic Engineer
Date: December 24.1S9O
Subject December Safety Commission Recommendation
Removal ofParking Restriction/One-Way Restriction/Turn Restriction
onWeller Lnbetween Busse Ave and C|evenAve
The Safety Commission transmits their recommendation to approve the following changes:
Remove
1. One Way Street Designation Southbound
between Busse Ave and C|evenAve during school hours
2. No -Right -Turn
from C|ovmnAve onto Weller Lane during school hours
3. NoParking during school hours
For the Eastside ofWeller Lnbetween Busse Ave and C|uvenAve
4. No Parking Pick'UpZone
For the Westside of Weller Ln between a point 600 ft and 800 ft south of Central
Rd
Weller Lane bnolonger used byWestbrook School parents to pick up and drop off students
due boachange inthe use ofWestbrook School. All elementary school children have moved
\othe new Lions School. Presently Westbrook School iaused asaspecial education school.
Therefore, Parking Restrictions/One-Way Restriction/Turn Restriction on Weller Ln between
Busse Ave &C|evenAve are not needed. The special education school that isusing
Westbrook School has confirmed that they are not using Weller Lane for pick-up and drop-off
operations,
The Village Traffic Engineer sent out surveys per the Notification Policy to all affected
residents tocollect their opinion and notify them ofthe December Safety Commission Meeting
schedule. 1Osurveys were returned 10the Village out nf1Osurveys sent out \oresidents. All
1Oreturned surveys favored the proposed changes.
Page two ...
December Safety Commission Recommendation
December 24, 1996
By a vote of 7-0, the Safety Commission recommends the proposed changes on page 1.
Please include this on the January Village Board Meeting Agenda.
Enclosed are the Safety Commission Minutes from that meeting for reference.
Sean Won
c: Village Clerk Carol Fields
W EVISC AV
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VILLAGE OF YOUST PROSPECT S-,AEEl AND AG[:RESS WAP
100 SOUTH EMERSON STPEET ELK C;CVE -.Cw..Sklp (S id.
MOUNT PROSPECT. IUI10I51 —A1-11 W.1/2 S.C.il
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, .
Mount Prospect Public Works DepartmentP,
INTEROFFICE MEMORANDUM TREE unUSA
To Village Manager Michael EJanonis
From: Traffic Engineer
Date: December 24, 1996
Subject December Safety Commission Recommendation
Parking Restriction Change onthe Eastside cfElmhurst Ave
between Post Office Mail Drop Box Driveways
The Safety Commission transmits their recommendation to approve the following parking
restriction change.
Parking Restriction Change onthe Eastside ofElmhurst Avenue
from Central Road to18nftnorth ofCentral Road
From % Hour Parking Limit
To No Parking Any Time
Parked cars between Post Office Mail Drop Box Dhvewsysobstructed view for drivers using
the Post Office Mail Drop Box Driveways. This revision ofthe parking restriction affects only
two businesses. One isthe Mount Prospect Post Office which requested the restriction. The
other isFriedrichs Funeral Home. The Village Traffic Engineer sent out esurvey toFriedrichs
Funeral Home per the Notification Policy and notify them of the December Safety Commission
Meeting schedule. Noresponse was received.
No Parking on Elmhurst Avenue as requested by the Post Office will improve the safety of
drivers who are using the Mail Drop Box and drivers onElmhurst Ave. Only 3parking spaces
will beeliminated. However cars can park north ofthe north post office driveway which isalso
a2hour parking zone.
Byavote of7'D.the Safety Commission recommends the above change.
Please include this onthe January Village Board Meeting Agenda.
Enclosed are the Safety Commission Minutes from that meeting hzrnefenence.
Sean Won —~~
c: Village Clerk Carol Fields
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PA . 9 1N(� .
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EXISTING BUILDING
r• --------SL= No 3 -_------
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-----------_--`E10---------------
SPS61247 h.. '�Pe com.*eA
CENTRAL ROA
'
Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM TREE MY USA
To Village Manager Michael E.Janonis
From: Traffic Engineer
Date: December 24, 1996
Subject December Safety Commission Recommendation
Yield Signs nnStratford P|atMeadow Ln&Wedgewood Ln
The Safety Commission transmits their recommendation to approve Yield Signs on Stratford P1
atMeadow Ln&Wedgewood Ln.
Mrs. Nancy Bobikewicz of 1114 North Meadow Ln requested Yield Signs on Stratford PI at
Meadow Ln & Wedgewood Ln because cars are making turns at these corners without slowing
down. The Engineering Staff sent out surveys per the Notification Policy to all affected
residents to collect their opinions and notify them of the December Safety Commission
Meeting schedule. 18surveys were returned 0othe Village out of28surveys sent out tn
residents. 14residents favored and 4residents were against the proposed changes.
-
The Engineering Staff performed aspeed survey inAugust 1996. The 85thpercentile speeds
on Meadow Ln and Wedgewood Ln were between 25 mph to 33 mph which indicates the
occurrence uyrandom speeding. Asignificant factor 10consider isthat the pavement width of
these streets isonly 18'wideand the street does not have sidewalks. |1iscommon for
pedestrians towalk onthe edge ofthe roadway.
Byavote of7'O.the Safety Commission recommends the above change.
Please include this onthe January Village Board Meeting Agenda.
Enclosed are the Safety Commission Minutes from that meetingfor reference,
Sean Won
c: Village Clerk Carol Fields
TRAFFIC VOLUME
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85% SPEED
(August,
1 996)
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YIELD SIGN REQUEST i z
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Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM MEE CrrY USA
To Village Manager Michael EJanonis
From: Traffic Engineer
Date: December 24.1S96
Subject December Safety Commission Recommendation
Stop Sign Relocation from Wheeling RdotElderberry Ln
toWheeling Rdatthe 5OOblock ufDogwood Ln
The Safety Commission transmits their recommendation toapprove relocating stop signs from
Wheeling Rd at Elderberry LntnWheeling Rd at the 500 block ofDogwood Ln.
Mr. Sheldon Tabaaof5SOWheeling Rdrequested the above change. The request was
reviewed by the Bohaty Commission attheir regular meeting on December 9, 1996. During the
meeting, six residents (Mr. Tabas, Mr. Jerry Johnson of 919 Boxwood Dr, Mr. John Phillips of
101gBoxwood Dr. Robert A.Fox of9O2BBoxwood Dr, Mr. Stan Daniel of1O58ABoxwood Dr
and Mr. Mark Kanaof1286Wheeling Rd) representing approximately 460townhouses said
that Mr. Tabas made the request for the following reasons: 1) It is difficult and dangerous to
make aleft turn out nfthe 5OOblock ofDogwood Lnonto Wheeling Rddue tothe volume and
the speed oftraffic, 2)theywi\neusedsevero|reo|aunidents.and3)Duetothediffeoennenf
traffic volumes, it makes sense for them to move stop signs from Wheeling Road at Elderberry
Ln1nWheeling Road atthe 5DOBlock Dogwood Ln. Boxwood Area residents would lose 2
parking spaces ifthe proposed change isadopted. All six Boxwood Area residents said that
losing 2parking spaces isacceptable 1othem. Ms. Mary StembhdgeofO0OGreenwood Dr
wanted more stop signs, if stop signs are relocated.
The Village Traffic Engineer summarized the staff report and stated that both intersections did
not meet the stop sign warrants based on the number of accidents, traffic volumes, and the
speed study. Ho*eve dhe0ota|numberofaocidentsatVVhee|ing/Dogomod(1O0or1he|ast five
years) is five times of the number accidents at Wheeling/Elderberry (2 for the last five years).
Also, the traffic volume on Dogwood Ln is twelve times greater than the volume on Elderberry
Ln. The Traffic Engineer added that residents on Elderberry Ln have other routes available to
access their residences. Residents inthe Boxwood Area donot have other route except
Dogwood/Boxwood.
The Village Traffic Engineer sent out surveys per the Notification Policy to all affected
residents tocollect their opinions and notify them ofthe December Safety Commbsion
Meeting schedule. 1Ssurveys were returned 10the Village out ufutotal of45surveys sent out
to residents. 5residents favored and 10residents were against the proposed change.
Page two ...
December Safety Commission Meeting
December 24, 1996
By a vote of 8-0, the Safety Commission recommends the proposed change on page 1.
Please include this on the December Village Board Meeting Agenda.
Enclosed are the Safety Commission Minutes from that meeting for reference.
Sean Won
c: Village Clerk Carol Fields
EUCLID A%E
z
EUCLID SCHOOL
b
g
SOxWOOD DR NORTH
NE WAY OUT m
rs6s m
EXISIDNG STOP SIGNS
412 vpd CEDAR LN
i
AN
T
qCa DOGWOOD LN
D GWOOD LN
TWO...M'xY iRe,F1C12 ,.a. d
RELOCATING STOP SIGN y
/ '187 ,pd ELDERBERRY LN
Ul FROM
GREENWOOD DR
HACKBERRY LN
IRONWOOD DR
KENSINGTON RD
Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM TREE MY "A
To Village Manager Michael E.Janonis
From: Traffic Engineer
Date: December 24.19SG
Subject December Safety Commission Recommendation
Stop Signs atThayer Stand School Si
The Safety Commission transmits their recommendation to deny 4 -way stop signs at Thayer St
and School St.
Mr. & Mrs. Penner of2O3North School Street requested 4+woystop signs at the intersection of
Thayer Stand School St. The request was reviewed bythe Safety Commission attheir regular
meeting on December 9, 1896. During the meeting. k8c Penner said that he made the request
because 1)hewitnessed several near collisions, 2)speeding at this intersection, 3)children
riding their bicycles onThayer Street toget 10Busse Park, and 4)School Street iooffset ot the
intersection.
The Village Traffic Engineer summarized the staff report and stated that the intersections did
not meet the stop sign warrants based on the number of accidents, the traffic volume, nor the
speed study. He stated that the Engineering Staff sent out surveys per the Notification Policy
to all affected residents to collect their opinions and notify them of the December Safety
Commission Meeting schedule. 16surveys were returned Vothe Village out ufatotal uf23
surveys sent out \oresidents. 11residents favored and 5residents were against the pmposed
change.
Mr. Penner suggested that traffic counts taken inthe summer might give abetter indication of
the traffic volumes, now that the improvements at Busse Park are complete. Therefore, the
Safety Commission instructed that the Village Traffic Engineer perform the traffic count again
inJune uf19S7and bring this request back.
Byavote of8-0.the Safety Commission recommends todeny 4-waystop signs atthe
intersection of Thayer St and School St.
Please include this on the January Village Board Meeting Agenda.
Enclosed are the Safety Commission Minutes from that m
7)ng for reference.
Sean Won
c: Village Clerk Carol Fields
211
208 209 208
209
206 207 206
207
206 205 204
205
202 40 202
203
200 201 200 201
r tree
116 113 114 BUSSE PARK
MOUNT PROSPECT
114 111 PARK DISTRICT
112
11 109 c 101
110
f___F
108
107
FOUR-WAY STOP SIGNS WERE REQUESTED
Director Water/Sewer Superintendent
" Ancter Rod—.k 0 0— ... n
Glen R, MAINTAIN
Deputy Director Streets/Buildings Superintendent
Sean P, Dorsey Paul Bures
Village Engineer tlilForestry/Grounds Superintendent
Jeffrey A, Wulbecker Sandra M, Clark
Administrative Aide Vehicle/Equipment Superintendent
Dawn L Wucki
James E. Guenther
+ht1A,
Solid Waste Coordinator
M, Liss Angell
Mount Prospect Public Works 0epartment
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
Phone 647/670-5640 Fax E347/253-9377 TOO 847/392-123E5
MINUTES OF THE MOUNT PROSPECT
SAFETY COMMISSION
I. CALL TO ORDER
The Regular Meeting of the Mount Prospect Safety Commission was called to order at 7:30 P.M.
on Monday, December 9, 1996.
11. ROLL CALL
Upon roll call, each Safety Commission Member introduced themselves to the audience.
Present upon roll call: Lee Beening
Chairman
Andy Mitchell
Commissioner
Chuck Bencic
Commissioner
Nancy Bobilkewiicz
Commissioner
(Joined the discussion after item VI.D)
Joan Bjork
Commissioner
Paul Bures
Public Works
George Steiner
Police Department
Buz Livingston
Fire Department
Sean Won
Public Works, Engineering Division
Absent: Phyllis Moliere
Commissioner
Others in Attendance:
See Attached List.
M]11100 10128111
Commissioner Andy Mitchell, seconded by Commissioner Chuck Bencic, moved to approve the
Minutes of the Regular Meeting of the Safety Commission held on October 14, 1996. The
Minutes were approved by a vote of 7-0.
IV. CITIZENS TO BE HEARD
No citizens came forth at this time to discuss any topics that were not on the current agenda,
Recycled Paper - Printed with Soy Ink
V. OLD BUSINESS
A) 3 -WAY STOP SIGN REQUEST at MARINA ST & COUNCIL TR
a) Response from the City of Des Plaines
This item was discussed at the October 1996 Safety Commission Meeting. The
item was deferred until a response was received from the City of Des Plaines
concerning a speed limit reduction on Marina Street within the City of Des
Plaines.
The Village Traffic Engineer sent a letter (attached) to the City of Des Plaines
requesting that the speed limit of Marina Street be reduced from 30 mph to
20/25 mph on October 17, 1996 as instructed by the Safety Commission.
The City of Des Plaines sent a response (attached) to the Village on November
25, 1996. According to this response, the City of Des Plaines states:
1 The posted speed limit of 30 mph is appropriate for Marina street.
Therefore, the City of Des Plaines believes the 30 mph speed limit is a
safe and reasonable speed limit
2. To artificially lower the speed limit would only result in additional speed
limit violations rather than control vehicles to a reasonable speed.
b) Background Information from the October 1996 Safety Commission Meeting
1. Resident Observations:
1) Speeding at this intersection
2) High amount of cut through traffic
3) There are many little children living around this intersection.
2: Staff Observations:
The Engineering Staff performed a stop sign study. The findings are as
follows:
1) Special Condition/Speeding Problem.
As shown on the attached map, two legs of this 3 -way
intersection is within the Village of Mount Prospect. The third
leg of the intersection is within the City of Des Plaines.
Currently, there is one stop sign on eastbound Council Trail at
Marina Street.
Due to resident's complaint about speeding on Marina Street,
the City of Des Plaines performed a speed and a volume study
between July 25 and July 26, 1996. The 85th percentile speeds
of Marina Street were 29.4 mph for the northbound traffic and
22.7 mph for the southbound traffic. Based on the speed and
2
volume, the City of Des Plaines decided not to lower the speed
limit (30 mph) of Marina Street. It is projected that the 85th
percentile speed for Council Trail is the same as that of Marina
Street. Therefore, random speeding does occur on Council
Trail. Note that the posted speed limit of Council Trail is 20
mph.
2) Accidents
Mt. Prospect Side
Year 1992 1993 1994 1995 1996
No. of 0 0 0 0 0
accident
Des Plaines Side
Year 1992 1993 1994 1995 1996
No. of 1 2 1 1 1
accident
The above accident records do not meet the stop sign warrant
(minimum five accidents per year) for the Multi -Way Stop
Warrants.
3) Traffic Volume
The minimum traffic volume for the multi -way stop sign warrant
is 500 vehicles/hour for eight hour periods (500 x 8 = 4000
cars/8 hrs). The traffic volume at this intersection (759 cars/8
hrs) is approximately 19% of the stop sign warrant.
4) Sight Obstruction
A number of parkway trees are located at the intersection.
However, these parkway trees do not present sight obstruction
problems.
5) Survey Results
A total of 25 surveys were sent out in August, 1996 to collect
and analyze the residents' opinions. 20 surveys were returned
to the Village. 19 residents favored and I resident was against
the 3 -way stop sign at Marina Street and Council Trail.
3
C) Discussion
Sean Won summarized the response from the City of Des Plaines as follows:
1. The posted speed limit of 30 mph is appropriate for Marina street.
Therefore, the City of Des Plaines believes the 30 mph speed limit is a
safe and reasonable speed limit.
2. To artificially lower the speed limit would only result in additional speed
limit, violations rather than control vehicles to a reasonable speed.
Mr. Peter Gilbertson of 621 South Albert St, Ms. Sera Yarbrough of 605 South
Albert St and Mr. & Mrs. Hajduk of 513 South Albert St said the following: ,
I This intersection does not meet the stop sign warrants and the City of
Des Plaines does not want to install a stop sign on Marina St at Council
Tr. The City of Des Plaines will not reduce the speed limit on Marina St
from 30 mph to 20/25 mph.
2. They asked all commissioners if the Village can do anything for them to
resolve the speeding and the cut through traffic problem if a stop sign
can not be installed on Marina St at Council Tr and the speed limit on
Marina St can not be reduced. Chairman Lee Beening said that
commissioners' hands are tied on this request.
3. Mrs. Hajduk asked to the Safety Commission why Marina St south of
Council Tr is not within the Village of Mount Prospect (Chairman
Beening said that he does not know why that Marina St Is not within the
Village of Mount Prospect).
Chairman Lee Beening said that Marina St south of Council Tr is under the
jurisdiction of the City of Des Plaines. Chairman Beening also stated that two
cars passed him when he was driving 20 mph on Council Tr and that what the,
City of Des Plaines said could be right.
Chairman Lee Beening, seconded by Commissioner Andy Mitchell, moved to
approve the following recommendation:
Install LOCAL TRAFFIC ONLY and CAUTION CHILDREN PLAY SIGNS near
the existing 20 mph speed limit sign on Council Tr for westbound traffic.
The motion was approved by a vote of 7-0.
4
VI. NEW BUSINESS
A) SPEED LIMIT CHANGE REQUEST from 30 mph to 25 mph on BUSSE
AVE between WE -GO TR and MAIN ST
a) Background information
Resident & Staff Comments:
Due to speeding on Busse Ave, the Safety Commission instructed the Village
Traffic Engineer to investigate the possibility of reducing the speed limit of the
entire length of Busse Ave from 30 mph to 25 mph. Note: the speed limit of
Busse Ave between Weller Ln and We -Go Trail is 20 mph and the speed limit of
Busse Ave between Main Street and Mt. Prospect Rd is 25 mph. Therefore, the
speed limit of Busse Ave between We -Go Trail and Main Street needs to be
reduced from 30 mph to 25 mph.
A speed survey of cars on Busse Ave was performed in September, 1996. The
85th percentile speed was between 30 - 33 mph which indicates the occurrence
of random speeding. A total of 60 surveys were sent out In October, 1996 to
collect and analyze the residents' opinions. 43 surveys were returned to the
Village. 39 residents favored and 4 residents were against the proposed speed
limit change. All residents on Busse Ave between We -Go Tr and Main St were
informed about the December Safety Commission Meeting schedule.
Therefore, the Village Traffic Engineer recommended:
Lower the speed limit on Busse Ave between We -Go Trail and Main Street
from: 30 mph
to: 25 mph
b) Discussion
Commissioner Andy Mitchell said that the Safety Commission already approved
the speed limit change on Busse Ave. Chairman Lee Beening explained that
this request was not previously discussed and that the Safety Commission
instructed the Village Traffic Engineer to process the speed limit reduction
because the survey needs to be done per the Notification Policy. Sean Won
said that the survey was done per the Notification Policy
Commissioner Chuck Bencle, seconded by Paul Bures, moved to approve the
change recommended by the Engineering Staff.
The motion was approved by a vote of 7-0.
9
B) REMOVAL of PARKING RESTRICTION/ONE-WAY STREET
DESIGNATION/TURN RESTRICTION on WELLER LN between BUSSE
AVE and CLEVEN AVE
a) Background Information
Resident & Staff Comments:
Weller Lane is no longer used by Westbrook School parents to pick up and drop
off students due to a change in the use of Westbrook School. All elementary
school children have moved to the new Lions School. Presently Westbrook
School is used as a special education school. Therefore, Parking
Rest(ictions/One-Way Street Designation/Turn Restriction on Weller Ln between
Busse Ave & Cleven Ave are not needed. The special education school that is
using Westbrook School has confirmed that they are not using Weller Lane for
pick-up and drop-off operations.
A total of 18 surveys were sent out in October, 1996 to collect and analyze the
residents' opinions. 10 surveys were returned to the Village. All 10 returned
surveys favored the proposed changes. All residents along Weller Ln between
Busse Ave and Cleven Ave were informed about the December Safety
Commission Meeting schedule.
Therefore, the Village Traffic Engineer recommended the following:
Remove
1. One Way Street Designation Southbound between Busse Ave and
Cleven Ave during school hours
2. No -Right -Turn from Cleven Ave onto Weller Lane during school
hours
3. No Parking during school hours for the Eastside of Weller Ln
between Busse Ave and Cleven Ave
4. No Parking Pick -Up Zone for the Westside of Weller Ln between a
point 600 ft and $00 ft south of Central Rd
b) Discussion
Chairman Lee Beening said that Westbrook School is being used as a special
education school. Therefore, Parking Restrictions/One-Way Restriction/Turn
Restriction on Weller Ln between Busse Ave & Cleven Ave are not needed.
Chairman Beening asked Sean Won whether the existing DO -NOT -ENTER sign
has been removed. Sean Won said that the DO -NOT -ENTER sign will be
removed since Weller Ln will not be a one-way street if the recommended
change is approved.
2
Commissioner Andy Mitchell, seconded by Commissioner Joan Bjork, moved to
approve the change recommended by the Engineering Staff.
The motion was approved by a vote of 7-0,
C) PARKING RESTRICTION on THE EASTSIDE of ELMHURST AVE
between POST OFFICE MAIL DROP BOX DRIVEWAYS
a) Background Information
1. Mount Prospect Post Office Observations:
No parking on the eastside of Elmhurst Avenue between Post Office
Mail Drop Box Driveways to provide an unobstructed view to the drivers.
2. Staff Observations:
This parking restriction affects only two businesses. One is the Mount
Prospect Post Office which requested the restriction. The other is
Friedrichs Funeral Home. A survey to Friedrichs Funeral Home was
sent out on November 8, 1996. No response was received.
No Parking on Elmhurst Avenue as requested by the Post Office will
improve the safety of drivers who are using the Mail Drop Box and
drivers on Elmhurst Ave. Only 3 parking spaces will be eliminated.
However cars can park north of the north post office driveway which is
also a 2 hour parking zone.
Therefore, the Village Traffic Engineer recommended the following
change:
From 2 Hour Parking Limit
To No Parking Any Time
on the Eastside of Elmhurst Avenue from Central Road to 180 ft
north of Central Road
b) Discussion
Chairman Lee Beening said that two fulf-size vans were parked between the
Post Office Mail Drop Box Driveways when he checked a few days ago. These
two vans obstructed the view for drivers using the Post Office Mail Drop Box
Driveways.
Commissioner Andy Mitchell, seconded by Commissioner Joan Biork, moved to
approve the change recommended by the Engineering Staff.
The motion was approved by a vote of 7-0.
N
D) YIELD SIGN REQUEST on STRATFORD PL at MEADOW LN &
WEDGEWOODLN
8) Background Information
1. Resident Observations:
Cars are making turns at these comers without slowing down.
2. Staff Observations:
The Engineering Staff sent out surveys per the Notification Policy to
residents within 250 ft within two intersections to collect their opinions
and notified all affected residents about the December Safety
Commission Meeting schedule. The Engineering Staff performed a
speed survey in August 1996. The 85th percentile speeds on Meadow
Ln and Wedgewood Ln were between 25 mph to 33 mph which indicates
the occurrence of random speeding. A total of 29 surveys were sent out
in October, 1996 to collect and analyze the residents' opinions. 18
surveys were returned to the Village. 14 residents favored and 4
residents were against the proposed changes.
The number of accidents at the intersections are as follows:
Meadow Ln & Stratford PI: No Accidents for the last 5 years
Wedgewood Ln &Strafford PI: One Accident in 1993 for the last 5
years
A significant factor to consider is that the pavement width of the street is
only 18' wide and the street does not have sidewalks. It is common for
pedestrians to walk on the edge of the roadway.
Therefore, the Village Traffic Engineer recommended.,
Install Yield Signs on Strafford Place at Meadow Ln & on Strafford
Place at Wedgewood Ln
b) Discussion
Chairman Lee Beening said the following:
1. Meadow Ln, Stratford PI and Wedgewood Ln do not have sidewalks.
2. The pavement width of three streets is narrow (only 18).
Commissioner Joan Sjork, seconded by Commissioner Andy Mitchell, moved to
approve the change requested by the Engineering Staff.
The motion was approved by a vote of 7-0.
8
Commissioner Nancy Bohikewioz joined the Safety Commission Meeting at this time.
E) VARIATION REQUEST toALLOW BERM and SHRUBS onPUBLIC
R|BHT-UF4WmY(1426BURNING BUSH LN)
a) Background Information
Resident Observations:
1) Mr. NiRichardson of1425Burning Bush Lnwas not aware of
the shrub and berm restriction on public right-of-way (He was
aware of the 3 ft height rest(iction).
;V Neighbor has eberm un publichght-of-woy
3) He installed this beand shrubs m preventany damage Vohis
yard from cars, snow plows and bicycles.
4> Hoalready spent $12V0toinstall this berm and shrubs. If he
has tnrelocate, itwould cost about the same amount. He feels
that hedoes not have aplace onhio'pmpenyfor this quantity of
top soil and shrubs.
2. Staff Observations:
This berm is located within Public Village
Ordinance Section g.3o2.The shrubs are located within Public night-
1nthe Village Ordinance Section 9.501. These two
ordinances were adopted onDecember 1.1eo2. The berm was installed
sometime after November, 1gg*. The height o,the shrubs iscurrently
approximately 3 ft above the pavement. The effect nfthis berm on
drainage isinsignificant. This berm does not interfere with existing
public utilities maintenance.
b) Discussion
Chairman Lee Beaningsaid the following:
1, The Village Ordinances g.302 and g.5D1were adopted onDecember 1.
1992. The Village Ordinance o.117adopted grandfather clause that
allows for certain existing plantings and berms toberetained nnpublic
property per the procedure explained inthe Ordinance g.117. A
property owner that has existing plantings and berms onpublic property
can appeal tothe Village Safety Commission per the Village Ordinance
9.117. But any new berms orevergreens orshrubs onpublic property
are not allowed after December 1.1ou2.
2. Because new berms mshrubs are not allowed onpublic property, Mr.
W. Richardson Burning Bush Lane & Public Works Department
are working on relocating the existing berm and shrubs onMr.
pncoord000'spmporty. Therefore, this request is removed from the
agenda.
F) STOP SIGN RELOCATION REQUEST from WHEELING RD at
ELDERBERRY LN to WHEELING RD at THE 500 BLOCK DOGWOOD
LN
a) Background Information
1. Resident Observations:
1) It is difficult and dangerous to make a left turn out of the 500
block Dogwood Ln onto Wheeling Rd due to the volume and the
speed of traffic.
2) Witnessed several near collisions.
2. Staff Observations:
The Engineering Staff sent out surveys per the Notification Policy to
residents within 250 It of these two intersections to collect their opinions
and notified all affected residents about the December Safety
Commission Meeting schedule. The Engineering Staff performed a stop
sign study and compared the two intersections for traffic volumes and
number of accidents. The findings are as follows:
1) Accidents'
A search of the accident reports indicated:
Wheeling Rd & Elderberry Ln
Year 1992 1993 1994 1995 1996
(up to Sep)
No. of accident 0 1 0 1 0
Wheeling Rd•& Dogwood Ln
Year 1992 1993 1994 1995 1996 .
(up to Sep)
No. of accident 3 2 2 1 2
The above accident records do not meet the stop sign warrant
(minimum five accidents per year) for the Multi -Way Stop
Warrants at either intersection. But the total number of
accidents for the last five years at Wheeling Rd & Dogwood Ln
is 10 and five times the number of accidents (2 accidents for the
last five years) at Wheeling Rd and Elderberry Ln.
10
2) Traffic Volume
Traffic counts were performed in February, 1996. A comparison
of the average daily traffic volume is as follows:
Wheeling Rd: 7008 vpd (vehicle per day)
Dogwood Ln: 2357 vpd
Elderberry Ln: 187 vpd
The number of cars on Dogwood Ln is more than 12 times the
number of cars on Elderberry Ln.
The minimum traffic volume for the multi -way stop sign warrant
is 500 vehicles/hour for eight hour periods (500 x 8 = 4000
cars/8 hrs). The traffic volume at Wheeling/Dogwood (2745
cars/8 hrs) is approximately 69% of the stop sign warrant. The
traffic volume at Wheeling/Elderberry (2159 cars/8 hrs) is
approximately 54% of the stop sign warrant. Both of the
intersection do not meet the stop sign warrant.
3) Sight Obstruction
A number of parkway trees are located at these intersections.
However, these parkway trees do not present sight obstruction
problems.
4) Survey Results
A total of 45 surveys were sent out in June, 1996 to collect and
analyze the resident's opinion. 15 surveys were returned to the
Village. 5 residents favored and 10 residents were against the
relocation .
The Intersection of Wheeling Road and Dogwood Ln has more accidents
and more traffic than the intersection of Wheeling/Elderberry.
Additionally, residents on Elderberry Ln have other available routes to
access their residences. Residents on Boxwood Area do not have other
routes except Dogwood/Boxwood.
Therefore, the Village Traffic Engineer recommended:
Relocation of Stop Signs
from Wheeling Road at Elderberry Ln
to Wheeling Road at the $00 Block Dogwood Ln.
11
b) Discussion
Mr. Sheldon Tabas of 990 Wheeling Road said that several residents who
represent approximately 450 town homes and apartments attended the
December Safety Commission Meeting. Mr. Tabas, Mr. Jerry Johnson of 919
Boxwood Dr, Mr. John Phillips of 1019 Boxwood Dr. Robert A. Fox of 902E
Boxwood Dr, Mr. Stan Daniel of 1058A Boxwood Dr and Mr. Mark Kare of 1286
Wheeling Rd said the following:
1. It is difficult and dangerous to make a left turn out of the 500 block
Dogwood Ln onto Wheeling Rd due to the volume and the speed of
traffic.
2. They witnessed several real accidents.
3. Due to the difference of traffic volumes, it makes sense for them to
move stop signs from Wheeling Road at Elderberry Ln to Wheeling
Road at the 500 Block Dogwood Ln.
Ms. Mary Stembridge of 600 Greenwood Dr said the following:
1 Every driver who wants to avoid the Elmhurst Rd/Kensington Rd/Rand
uses Wheeling Rd.
2, There is a speeding problem on Wheeling Road.
3, By moving stop signs, it could be dangerous for residents south of
Elderberry Ln.
4. More stop signs should be installed on Wheeling Rd (Sean Won said
that she could send a letter to him requesting new stop signs. Then
Sean Won will process that request).
Chairman t-Seening said that stop signs do not slow down traffic. Chairman
Beening suggested moving only one southbound stop sign, not the existing
northbound stop sign. All six residents said that the real problem at the
intersection is the northbound traffic which stops at Elderberry Ln and speed up
passing the 500 Block Dogwood Ln. Therefore, this suggestion will not be
considered. Chairman Lee Beening also pointed out that we are going to lose 2
parking spaces by relocating stop signs. All six Boxwood Area residents said
that losing 2 parking spaces is acceptable to them.
Commissioner Andy Mitchell, seconded by Commissioner Chuck Bencic, moved
to approve the change recommended by the Engineering Staff:
The motion was approved by a vote of 8-0.
G) 4 -WAY STOP SIGN REQUEST at SCHOOL ST & THAYER ST
a) Background Information
1. Resident Observations:
1) Witnessed several near collisions
12
2) Configuration of School Street
(slight curve through the intersection)
3) Speeding at this intersection
4) Children riding their bicycles on Thayer Street.
2. Staff Observations:
1) Accidents
There have been No Accidents at this intersection since 1992
The above accident records do not meet the stop sign warrant
(minimum five accidents per year) for the Multi -Way Stop
Warrants.
2) Speeding
A representative speed survey was performed on Thayer Street
west of School Street between Tuesday, October 8. 1996 and
Thursday, October 10, 1996. The 85th percentile speed which
are representative of this intersection were 30 - 31 mph while
the speed limits of School St & Thayer St are 25 mph.
3) Traffic Volume
The minimum traffic volume for the multi -way stop sign warrant
is 500 vehicles/hour for eight hour periods (500 x 8 = 4000
cars/8 hrs). The traffic volume at this intersection (443 cars/8
hrs) is approximately 11 % of the stop sign warrant.
4) Sight Obstruction
A number of parkway trees are located at the intersection.
However, these parkway trees do not present sight obstruction
problems.
5) Survey Results
A total of 23 surveys were sent out in October, 1996 to collect
and analyze the resident's opinion. 16 surveys were returned to
the Village. 11 residents favored and 5 resident were against
the 4 -way stop sign at School Street and Thayer Street.
The intersection of School Street and Thayer Street does not meet the
mufti -way stop sign warrants.
Therefore, the Villa gw Traffic Engineer recommended:
4 -way stop signs at the intersection of School Street and Thayer
Street should not be installed.
13
b) Discussion
Sean Won summarized the stop sign study and said that this intersection does
not meet the stop sign warrants.
Mr. & Mrs. Penner of 203 North School Street said the following:
1 Many children use this intersection to get to Busse Park (one block from
the intersection).
2. They asked Sean Won when the traffic counts were done (Sean Won
said that the traffic count was done in October).
3. There is a speeding problem.
4. School Street is offset by approximately 20 ft.
5. They understand that this intersection does not meet the stop sign
warrants, They requested new traffic counts be taken next summer
(New traffic count will be done in June of 1997).
Chairman Lee Beening asked what are the speed limits of School and Thayer
Streets. Sean Won said that the speed limits of these two streets are 25 mph,
Commissioner Andy Mitchell said that there are no 25 mph speed limit signs
near the intersection. Sean Won said that he would check the intersection and
install the 25 mph speed limit signs, if needed.
Commissioner Andy Mitchell, seconded by Paul Bures, moved to deny 4 -way
stop signs at School St and Thayer Street. The motion was approved by a vote
of 8-0.
The Engineering Staff will perform new traffic count in June of 1997 and bring
this issue back to the Safety Commission.
Chairman Lee Beening announced that Safety Commissioner Arlene Juracek submitted her
resignation to the Mayor due to her recent appointment to fill out the term of Trustee Skowron on
the Village Board.
Sean Won extended the Village's appreciation and holiday greeting to the Safety Commission
and presented each member with a gift.
14
upon the motion of Commissioner Andy Mitchell. Paul Bures seconded the motion.
Respectfully submitted,
Sean S.M. Won, P.E.
Traffic Engineer
Is
VILLAGE OF MOUNT PROSPECT
SAFETY COMMISSION MEETING
ATTENDANCE SHEET
DECEMBER 9, 1996
NAME ADDRESS PHONE NO.
6)W-004 IR. 00414rVC Hq3
PLEASE SIGN-UP AND PICKUP THE AGENDA!
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6)W-004 IR. 00414rVC Hq3
PLEASE SIGN-UP AND PICKUP THE AGENDA!
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FOUR-WAY STOP SIGNS WERE REQUESTED
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: Michael E.Jonunks,Village Manager
FROM: Assistant Village Manager
SUBJECT: Tentative TCI Agreement for Public Access Studio
DATE: January 3, 1997
Attached for your review and forwarding tothe village board iothe revised agreement
between TCI and the Village. Due to an illness of the TC|negotiator on December 30 and
31wewere unable bzdiscuss the proposed agreement until January 2. TC|had anumber
of issues relating to the following items:
• Definition ofwhat constitutes anoperational studio.
w Definition cfwhat isreasonable effort hocomplete studio.
• Turning over the new equipment to the village until the studio is completed,
w Concern about deadlines for completion.
|nmydiscussions with TC|representatives, | stated the village staff and the village board
has concerns about the fact that the way the agreement iswritten TCI has all the authority
to complete the studio without any penalty besides the loss of the new equipment. Also,
I stated that I did not want to have to convince TCl that once the studio is not open on time
the I would again have to negotiate what is reasonable action on behalf of TCL
While the proposed agreement does not goaefar ao(had originally hoped, I feel the
agreement is a reasonable compromise and is much stronger than the previous agreement
rejected bythe village board. For example, | felt that our ultimate goal was tohave un
operat|ona|etud)oondneoaivingthaequipmentemapenn|b/*mu|dnotahmureoetudioia
available. I also felt that TCI would not make the April 30, 1997, deadline as required by
the agreement. Therefore, I wanted some daily penalty for not completing the studio on
time and still require completion of the studio. To that end, a new section of the agreement
includes a maximum extension of 60 days if the studio is under construction on April 30.
Also, TCI will be required to enter into agenora| contractor construction contract for the
studio work that contains a penalty clause for the contractor if the work is not completed
byApril 3O. TC|will also befined onadaily basis ifthe studio ianot completed byApril
30. The village still retains the opportunity to receive over $80,000 in new equipment as
the ultimate penalty if the studio is still not completed by the extended date of June 30.
The attached agreement also narrows the definition of reasonable performance and what
defines operational as, certified by a component electrical contractor and issuance of a
certificate o/occupancy from the village.
TCI has shown good faith by purchasing and receiving the new equipment necessary to
make the studio operational even though wehave continued bonegotiate. TC|has also
purchased and received the two Port-a-Pekmaerequired bythe agreement.
I would recommend the village board approve this agreement and authorize the Mayor to
sign the agreement onbehalf ofthe village.
D/VIDGTRAHL
AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT (THE VILLAGE)
AND
TELENOIS, INC., DOING BUSINESS AS
TCI OF ILLINOIS, INC. (TCI)
IN CONSIDERATION of the promises and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Village and TCI hereby
agree as follows:
(A) TCI will have a new public access studio ("the studio") operational (defined as
being certified by a component electrical contractor and issued a certificate of
occupancy from the Village of Mount Prospect) within the Village of Mount Prospect
not later than April 30, 1997, unless TCI is accessed penalties stipulated in Section
G;
(B) The studio will have at least the capabilities set forth in the current franchise
agreement dated June 2, 1981 and amended August 17, 1993;
(C) The studio will have at least the equipment set forth in Exhibits A & B. Attached
hereto and made a part of this agreement.
1) Exhibit A is a list of the existing TCI equipment which is to be reused to
complete the public access studio.
2) Exhibit B is a list of equipment which is to be purchased by TCI to
complete the public access studio.
TCI shall furnish to the Village an itemized statement, with supporting invoices of
the actual amounts paid for the equipment listed in Exhibit B by TCI.
If the equipment set forth in Exhibit B is purchased for less than $80,000, the
Village will have the right to specify further equipment for purchase by TCI up to a
total of $80,000. TCI shall purchase all equipment listed in Exhibit B or equipment
which is of equal or comparable quality if the listed item is unavailable. No other
obligation to give or purchase equipment under this Agreement shall be a set-off
against the $80,000 obligation set forth in this paragraph (C);
(D) TCI will also purchase and pay for two (2) complete Port -A -Pak sets that will be
made available for Mount Prospect public access users. The Port -A -Pak sets will
be "SVHS" compatible. The sets will be ordered by TCI not later than two (2) weeks
from the execution of this Agreement-,
(E)TCI will pu[ohaoethe equipment necessary houpgrade the editing equipment
currently located in the temporary facility at 1201 Fmehanvi(|a Drive to
accommodate the "SVHS" format. This equipment will be ordered by TCI not later
than two (2)weeks from the execution ofthis Agreement�
(F) A nuitoh/o site for the studio will be leased not later than March 1. 1997 and
construction will commence not later than March 3O.1S97;
(G) The parties acknowledge that the date of April 30. 1987. is beyond the
expiration of the current franchise agreement extension and that TCI's obligation
to perform under this Agreement shall not be affected by the expiration of the
Franchise Agreement. Further, this Agreement shall not inany manner affect any
other rights or obligations of the parties either pursuant to the Franchise Agreement
orthe regulations ofthe Village cfMount Prospect.
In the event the studio faoi|/b/ in not operational on April 30. 1997. due to
circumstances that were reasonably within the company's ability to oontro|, the
company agrees, to donate the equipment listed in Exhibit B to the Village of Mount
Prospect. Activities reasonably within the company's control shall bedefined as,
but not limited to, locating a site, purchase of the equipment listed in Exhibit B, and
approving a construction contract with a properly licensed general contractor to
complete the work by April 30, 1997. Any construction contract between TCI and
any component, licensed general contractor shall include adaily penalty clause
levied against the general contractor if the studio construction is not completed by
April 3O.1QA7,
If construction iaactively underway onApril 30. 1997. TCI shall have up-oan
additional andy (SO) calendar days to complete the studio oadefined in Section B,
For each day beyond the April 30, 1997, deadline that the studio is not operational,
TCI shall pay the Village a daily penalty of $50 per day if invoiced by the village.
If TCI collects a daily penalty fee from the general contractor for not completing the
studio by April 30. 1997. TCI eho|| not collect a penalty which is higher than the
daily penalty charged bythe Village for the same period.
If the studio is not operational by the expiration of the additional sixty (60) calendar
Ueye beyond April 30. 1997 (June 30. 1997) TCI shall turn over title of the
equipment listed in Exhibit Btothe Village.
If TCI fails to abide by the 0enna of this Agreement, the Village retains any rights
that it may have with respect to the establishment of the public access e�udio
pursuant to the Franchise Agreement and this Agreement, including but not limited
to, drawing on any existing Letter ofCredit.
R
(H)The completion of an operational studio shall be subject to delays caused by
anAct ofGod, war, riot, fire, explosion, accident, flood, sabotage, inability toobtain
fuel or power, governmental |awo, regulations or onderm, acts or inaction by the
Village, orany other cause beyond the reasonable control ofTCI, orlabor tmoub|e
strike, lockout or injunction (whether or not such labor event is within the
`
reasonable control cfTC|). |nthe event ofany delay, the deadlines set forth herein
and the deadlines for performance �h�be extended accordingly for additional
"
periods oftime tosuch period(a)ofdelay,
N Notwithstanding anything to the contrary set forth herein or otherwise, this letter
of Agreement may be modified or amended only in writing specifically referencing
this letter of Agreement and signed by both parties.
IN WITNESS WHEREOF, each of the parties has caused this Agreement to be signed
below byits duly authorized representative.
TCI OF ILLINOIS, INC.
Its
VILLAGE OFMOUNT PROSPECT
Its
DATE:
Exhibit A
LIST OF EQUIPMENT TO BE REUSED FROM STUDIO WHICH
WAS SHUT DOWN IN SEPTEMBER 1996 BY TCI. THIS LIST IS
TO BE PROVIDED BY TCI TO THE VILLAGE OF MOUNT
PROSPECT.
OMNI 02:58 Frow:rCi
T-124 F," job..�
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low %omon"
TO of Illinois. Inc
Kevin Hard
Video images
1141 bl. Tower Lane
Bensenville, IL. 60106
November 26, 1996
Dear Kevin,
NOVO *0 the Updotod aquipment lint tbxt we want to V=Cauuft.
Please make 'lure tbgt all the items OM delivo"d to 0=
SkoMe eddr'sMol: 9693. 02x000 Point Rd., SkakiO, 1L. 90076
ATWt Jeff Rylander
F&"Oouic 18M50B8 vido* oamer"
W/Parla*MiC WV13270 camera accaaaary kit:
I SCIMY MM -120 vidap *4Jt=/*Wit*h&r.
$32,919.00
Z SOUY VW -1304Q 13- onginsegipy W*nitor
j Sony PVX-411 4'
Quad. Oooeohgo" monitor1.173.00
1 AcaY XVO-9090 Ri-4 dack
1,77a.00
1 8o"Y VO -9860 X" U -Matic edit deck
I Digital to$ -2390 dual TUC
$ 6.359.00
$12,144.00
4 Sony 2M-S5,U J&Vgajoro MicrophoneS
11021.00
1,184.00
1 Telact 2000 modular from
1 T*Iwct 2040 audio distribution awfaifier
$ 734.44
I T0140t 2101 vidao distribution #Aplifiar
*1 T01"Ci: 2112 ayac Svmsratacid barsr AS
$ 309.00
$ 337.00
2 PAPA c2lic ST-S1360Y 130 00jor monitor
V4Aa8Q"40 CT,%244T zoo **jar meogtar
0 03 0.00
3 2,112.00
2 P"'aacnic BTS901Y go monitor
1 PAnAxcuic RA9011 dual rack mount kit
$ C44. Go
$ 1,4.20.00
I SuraeU247 audio -1-0
0 2.06.00
2 Q -TV 7.9 CW tam VCMCar &"t*a
$ 402.00
1 0 -TV QCV LT U100VOmpter saftsexe
S 4,234-00
2 Vidootak Tvx-s= wevefom/vactarxopa
:2 Videotek DRC -1 double
$ 21130.00
6,74.0.00
rack mount ease
2 Videot*k BLSt-j blank 94401 for rack UKMUt
1 V1 C4 P31000 character
392.00
70.00
scrumratov
2,77S.3a
$87.428.46
U.You have any questions, feel free to call me.
Thazks for Your patience!
Sincerely,
A goo,
ilk
Village of Mount Prospect
Mount Prospect, Illinois
I `
INTEROFFICE MEMORANDUM 40�
TO:
MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES
FROM:
VILLAGE MANAGER
DATE:
JANUARY 2, 1997
SUBJECT:
MFS - MOUNT PROSPECT FRANCHISE AGREEMENT
Early in 1996, the Village Board initially considered a request by Metropolitan Fiber
Systems to enter into a non-exclusive Franchise Agreement that would allow MFS to Jay
fiber-optic cable in certain locations within Village right-of-way. Over these past several
months, a series of discussions have taken place which now result in the draft Agreement
being tendered for your consideration.
Attorney Peter D. Coblentz has assisted the Village in these discussions. The original
negotiating team was Cheryl Pasalic and Mr. Coblentz. Upon Cheryl's leaving the Village
employ, the Village Manager assumed primary staff responsibility for finalizing the
Franchise Agreement, A final meeting between the Village and MFS representatives was
held on December 4, The document, as presented, represents the tentative agreement
between MFS representatives and Village staff.
The Agreement provides that MFS can install certain facilities in Mount Prospect public
right-of-way (specifically, portions of Central and Wolf Roads, see attached map) as well
as allow provision for alternative telephone access service in a limited portion of the
Village (again, refer to map for Franchise service area). In return for the privilege of
operating within the Village of Mount Prospect, MFS will agree to, among other things, pay
the Village certain fees and costs as outlined in Section 5 of the Agreement. These sums
include certain one-time start-up payments along with an annual Franchise Fee calculated
as either the greater of a minimum of $3,000 or an amount based on a formula that takes
into account the number of lineal feet of facility located within the Village's right-of-way.
In addition to the fees agreed to, MFS will abide by other terms and conditions outlined in
the Franchise Agreement including the pulling of Permits and observation of good
construction and maintenance practices within the Village right-of-way,
Given the recently enacted Telecommunications Act, it is my opinion that this Franchise
Agreement represents a fair and equitable agreement between the parties and one that
can stand up to legal scrutiny. Mr. Coblentz concurs in my assessment. 1, therefore,
would respectfully request that the Village Board consider the proposed document at its
January 7, 1997 Village Board meeting.
Mr. Coblentz and MFS representative Jodi Caro will be present to answer questions and
facilitate, discussion.
MEJ/rcc
c: Public Works Director Glen Andler
Production Coordinator Ross Rowe
ROSENTHAL, MURPHEY, COBLENTZ & JANEGA
I-Aw OFFICES
30 NORTH LASALLE STREET
CHICAGO, ILLINOIS 60602
(312) $41-1070
PETER D. COSLENTZ
FAX (312) 541-9191 JUDITH N. KOLMAN
KATHERINE S. JANEGA
OF COUNSEL
JOHN B. MURPHEY
PETER M. ROSENTHAL
December 5, 1996 WRITER'S DIRECT LINE:
SIMONE M. SouTIET
ROBERT L. GAMRATH 1[[
( 312 ) 541-1073
AARON B. ZARKOWSKY
Mr. Michael Janonis
Village manager
Village of Mt. Prospect
100 S. Emerson St.
Mt. Prospect, IL 60056
Re: MFS -Mount Prospect Franchise Agreement
Dear Mike:
Enclosed is a diskette containing the draft franchise
agreement in WordPerfect 6.1. I've also enclosed a redlined copy
of the agreement showing the changes that I made following our
meeting on Wednesday, December 4 with Jodi Caro and Matt Geraghty.
In particular, the following changes were made:
0 2.15: The definition of "Public Ways" was modified to
indicate that the streets in which MFS has a franchise to
install facilities will be identified on the same Exhibit A
referred to in Section 2.8, the definition of "Franchise
Area".
0 5.3: A new sentence is added at the end of Section 5.3 to
indicate that "new" MFS ducts or conduits would be counted as
"existing" ducts or conduits for purposes of the franchise fee
formula in the year following their construction.
0 6: Titles were added to the four subsections under Section 6.
No substantive change was made.
0 Most Favored Nations: Sections 32 and 33 were modified to
make it clear that these Most Favored Nations clauses only
apply to franchises granted after the effective date of this
agreement.
There is one additional change that will be made in Section
5.5 to address the timing of the first franchise fee payment. MFS
has proposed that the first license fee payment, which will include
the new construction, be made after the new construction is
R05ENTHAL, MURPHEY, COSLENTZ & JANEGA
Lnw OFF�
Mr- Michael Janonis
December 5, 1996
Page 2
completed so that the facilities can be accurately measured. Caro
is going to suggest language.
I will send you a memorandum within the next few days to
explain the agreement and discuss the legal considerations for
using the linear foot compensation formula. Please call if you
have any questions in the meantime.
V ry 7 yours,
V
Peter moblentz
PDC: bb
Enclosure
F:\RXCJ\MTPROSPE\JAN012-5.LLIT
NON-EXCLUSIVE 44P
TELECOMMUNICATIONS FRANCHISE AGREEMENT
IdZY 4'(P -
40�
THIS FRANCHISE AGREEMENT (the "Agreement") is made and entered
into as of the effective date of 1996, (the
"Effective Date") by and between the 'Village of Mornt Prospect,
Cook County, Illinois, an Illinois home rule municipal corporation,
(hereinafter referred to as "Village"), and Chicago Fiber optic
Corporation d/b/a Metropolitan Fiber Systems of Chicago, Inc., an
Illinois corporation (hereinafter referred to as "MFS"" or
"Franchisee");
IN CONSIDERATION of the mutual promises, terms, conditions and
covenants set forth herein, the parties agree as follows:
SECTION 1. PURPOSE AND INTENT:
1.1 MFS is engaged in the business of designing, selling,
constructing, installing, maintaining and operating a digital,
fiber optic based telecommunications system.
1.2 MFS has submitted an application to the Village for a
telecommunications franchise pursuant to Article 4 of the Mount
Prospect Telecommunications Ordinance to construct, operate and
maintain a telecommunications system within the Village as set
forth in this Agreement.
1.3 The Village is authorized to grant one or more non-
exclusive franchises to construct, operate, and maintain a
telecommunications system within the municipal boundaries of the
Village.
1.4 After due and careful consideration of the application
and supporting materials presented by MFS, the corporate
authorities of the Village have determined that MPS has the
requisite qualifications to install, construct, operate and
maintain a telecommunications system within the Village, and that
it would be in the best interest of the Village and its residents
to approve the application and to grant a telecommunications
franchise to MFS pursuant to the Mount Prospect Telecommunications
Ordinance and in accordance with this Agreement.
SECTION 2. DEFINITIONS: Whenever used in this Agreement, the
following terms shall have the following meaning unless a different
meaning is required by the context:
2.1 "Agreement": This contract and any amendments, exhibits
or appendices hereto.
2.2 "Corporate Authorities": The President and Board of
Trustees of the Village.
2.3 "Effective Dae": TA
he of this Agrement as set
forth on the first page otf this Agredemeatent, which dateeshall be used
for reference and all other purposes.
2.4 "Facilities": The individual parts that together make
the Telecommunications System fully operational for the purposes
set forth in this Agreement, including, without limitation, all
cables, conduits, access manholes, pedestals, boxes, equipment,
devices and other appurtenances.
2.5 "Final Plans and Specifications": Those certain plans
and specifications for the Telecommunications System approved by
the Village Engineer pursuant to Section 6 of this Agreement.
2.6 "Franchise": The nonexclusive, revocable license granted
to MFS by in this Agreement to use certain Public Ways within the
Franchise Area for the purposes of constructing, installing, using,
maintaining, testing, inspecting, operating, repairing and removing
the Telecommunications System, pursuant to and in accordance with
the Telecommunications Ordinance.
2.7 "Franchise Agreement": See "Agreement"
2.8 "Franchise Area": That certain geographic area of :he
Village that is within those certain Public Ways shown asa
"proposed route,, or "future route"on the plan labeled MFS
"Franchise Area,, -- Mount Prospect, Illinois, dated
199 f
_, consisting of one sheet, attached hereto as ETHTb-itA and
made a part of this Agreement by this reference, and including
these areas adjacent to said Public Ways which can be served by the
System.
2-59 "Franchise Fee": The fee required to be paid pursuant to
Section 5 of this Agreement in consideration for the Franchise.
2.10 "Governmental Authority": The United States of America,
the State of Illinois and any Political subdivision thereof,
including, without limitation, the Village of mount Prospect, and
any agency, department, commission, board, bv�reau or other
instrumentality of any of them that has jurisdiction over MFS or
the Telecommunications System, or any Property over, under, abcve
or along which the Telecommunications System shall be installed.
2.11 "index": The "Consumer Price Index -U.S. City Average;
For Urban Wage Earners and Clerical Workers, All Items 1982-84-
100," Prepared by the U.S. Department of Labor, Bureau of Labor
Statistics, or, if said index is not then being published, the
successor or the most nearly comparable successor index thereto.
- 2 -
2.12 "Permits": All approvals, consents, permits, licenses,
easements and authorizations required to be obtained from all
Governmental Authorities and Persons, in connection with the
Telecommunications Systems, including those needed to obtain access
to or use of any real property.
2.13 "Persona": Any natural person, or any association, firm,
partnership, joint venture, corporation, or other legally
recognized entity or organization, whether for profit or
not-for-profit, excluding Governmental Authorities.
2.14 "Preliminary Plans and Specifications": Those certain
plans and specifications for the Telecommunications System
submitted by MFS to the Village Engineer pursuant to Section 6 of
this Agreement.
2.15 "Public Ways": Those specific public ways, streets,
alleys and utility easements now or hereafter owned by the Village,
or in which the Village has a possessory interest, identified on
Exhibit 1
attached hereto and made a part of this Agreement""W""
1;Y��M� R
to which MFS has been grante' "E'e
"N"94MMMOMIts set forth in this Agreement,
including those specific public ways, streets, alleys and utility
easements that may hereafter be added to this Franchise and
Agreement by amendment, and any other public ways, streets, alleys
and utility easements that are not depicted on said Exhibit or such
amendment, but which are necessary to cross to make the System
network operational.
2.16 "System": See "Telecommunications System."
2.17 "Telecommunications Ordinance": The Mount Prospect
Telecommunications Ordinance, as now or hereafter amended.
2.18 "Telecommunications Service": The provision or offering
of telecommunications service (either directly or as a carrier for
others) to Persons by means of the Telecommunications System, not
including cable service, open video service (OVS) or other video
programming, which shall be subject to receipt of further authority
from the appropriate Governmental Authority, including the
Corporate Authorities.
2.19 "Telecommunications System": The telecommunications
network to be constructed and installed by MFS pursuant to and in
accordance with this Agreement and the Telecommunications
Ordinance, including, without limitation, all Facilities to be
installed or used by MFS to make the network fully operational for
the purpose of offering, transmitting and receiving authorized
telecommunications services.
2.20 "Village Hngineerff shall mean the Communications
Administrator of the Village or such other officer to whom the
- 3 -
Village has delegated approving authority under the
Telecommunications Ordinance or this Agreement.
SECTION 3. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS:
3.1 Grant of Franchise: MFS is hereby granted, subject to
the terms and conditions of this Agreement, the non-exclusive right
and franchise to use only those certain Public Ways for the purpose
of installing, constructing, operating, maintaining, repairing and
removing a Telecommunications System to provide telecommunications
service to persons within the Franchise Area.
3.2 Not a Warranty of rj+.i.: The Franchise issued to MFS is
not a warranty of title or interest in any street, alley, easement,
right-of-way or other place that may now or hereafter be included
as a Public Way within the meaning of this Agreement, and it does
not provide MPS with any interest in any particular location or
Position within any Public Ways other than as expressly provided in
this Agreement. The Franchise is intended to convey limited rights
and interests only as to those Public Ways in which the Village has
an actual interest.
3.3 Control ofIff3ic Ways: Except as expressly provided
herein, the grant of this
Franchise does not affect any powers,
rights, or privileges the Village now has or may later acquire to
use, possess, work on, regulate the use or, grant licenses in,
vacate, or otherwise control the Village's Public Ways covered by
the Franchise, such power being expressly reserved to the village.
3.4 Te.le,comxgunica,—tions Ordinance: The provisions of the
Telecommunications Ordinance, as now or hereafter amended over the
term of this Franchise, shall apply to this Agreement as if fully
set forth herein, and the express terms of the Telecommunications
Ordinance will prevail over conflicting or inconsistent provisions
in this Franchise Agreement, unless the Agreement expresses an
explicit intent to waive or modify the applicability of a
requirement of the Telecommunications Ordinance, However, the
express provisions of this Agreement constitute a valid and
enforceable contract between the parties, and neither party may
take any unilateral action which materially changes the material
terms and conditions promised in this Agreement,
3.5 S_c0R0 of Services: This Franchise only applies to
Telecommunications Service and expressly excludes cable service and
open video system (OVs) service, which can only be provided over
the System upon MFS's: receipt of authority by the appropriate
Governmental Authority, including the Corporate Authorities.
3.6 Other Permits, Feep and Taxes: The Franchise granted to
MFS and the franchise fee paid hereunder, are not in lieu of any
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other required permit, authorization, fee, charge or tax unless
expressly stated herein.
3-7 AVillage:By granting this Franchise, the
Village acknowledges and agrees that it has the authority to issue
this Franchise, that it did so pursuant to processes and procedures
consistent with applicable law, that it will not raise any claim to
the contrary, and that it will strictly comply with this Agreement.
3.8 Acceptance of mpg: By accepting this Franchise, MFS
acknowledges and agrees that the Village has the authority to issue
and enforce this Franchise, that the Franchise was granted pursuant
to processes and procedures consistent with applicable law, that it
will not raise any claim to the contrary, and that it will strictly
comply with this Agreement.
3.9 R ourse Against Village: MFS shall have no recourse
against the Village for any loss, expense or damage resulting from
the terms and conditions of this Agreement, nor because of the
Village's enforcement of this Agreement. Notwithstanding the
foregoing, MFS reserves all rights to raise claims under current or
future laws that MFS is not being treated in a competitively
neutral and non-discriminatory manner as required by applicable
law.
SECTION 4. TERM OF FRANCHISE: Subject to the terms and
conditions of this Agreement, the Franchise hereby granted to MFS
shall remain in effect for a period of ten (10) years from and
after the effective date of this Agreement, unless sooner extended
by written amendment of the parties, renewed or terminated.
SECTION 5. FRANCHISE COMPENSATION, FEES AND COSTS:
5.1 Unascertainable Casts and E ansae.
MFS shall pay to the
Village on the Effective Date the Sum of Two Thousand Dollars
($2,000) which amount the parties agree is a fair estimate of
certain costs and expenses incurred by the Village in connection
with the granting of the Franchise, the precise amount of which are
too difficult to ascertain. Payment of this amount is accepted in
lieu of the application fee established in Section 6.602 of the
Telecommunications Ordinance.
5.2 Ascertainable Costs and Expenses. MFS shall pay to the
Village after the Effective Date all ascertainable costs and
expenses incurred by the Village in connection with the granting of
the Franchise including, without limitation, legal fees for the
drafting and negotiation of this Agreement in an amount not to
exceed Seven Thousand Dollars ($7,000) without contest. The
Village shall deliver to MFS, as soon as reasonably possible after
the Effective Date of this Agreement, copies of all applicable
invoices. MFS shall reimburse the Village, within 30 days after
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receipt of applicable invoices. This amount is accepted in
satisfaction of all Village costs pursuant to Section 6.603 of the
Telecommunications Ordinance.
5.3 Annual Franchise Fees. In addition to all other fees and
payments required under this Agreement, MFS shall pay an annual
franchise fee to the Village that is the greater of Three Thousand
Dollars ($3,000.00), or the total sum determined by the linear
footage of the Telecommunications System installed or placed within
the village as of the Effective Date and each annual anniversary of
the Effective Date thereafter.
(a) Per linear foot of MFS Underground Facilities installed
within new MFS ducts or conduits located:
1. Within Public Ways of the Village: $ 1.50 lin. ft.
2. Within Railroad or Private R -O -W: $10.00 lin. ft.
of Public Way crossing
(b) Per linear foot of MFS Underground Facilities installed
within existing ducts or conduits located:
1. Within Public Ways of the Village: $ .75 lin. ft.
2. Within Railroad or Private R -O -W: $ 5.00 lin. ft.
of Public Way crossing
(c) Per linear foot Of-l-ew MFS Overhead Facilities located:
1. Within Public Ways of the Village:
2. $ 1.00 lin, ft.
Within Railroad or Private R -O -W: $10-00 lin. ft.
of Public Way crossing
Any dispute concerning the linear footage of MFS facilities shall
bf the Village Engineer and
e determined by the Village Manager i
MFS cannot reach agreement.
5-4 Annual License Fee: The annual license fee established
in Section 6,607 Of the Telecommunications -- Ordinance may be set off
�
against the Franchise Fee provided in Subsection 5.3.
5.5 Time of Franchise Fee Pa3Ment. The annual Franchise Fee
shall be paid within thirty (30) days of the Effective Date;
provided, however, that the amount of the annual Franchise Fee is
subject to adjustment thirty (30) days after completion of initial
construction of the Telecommunications System based upon the linear
footage of MFS facilities actually installed during such initial
construction. Thereafter, the annual Franchise Fee shall be paid
not later than thirty (30) days following each annual anniversary
of the Effective Date.
1. 6 -
5 .6 Other Payments and Compensation. The payment of the fees
and charges set forth in this Section 5 shall not be deemed to be
a tax, and are separate from and in addition to any and all
federal, state, local and municipal taxes, fees and charges as may
be due.
5.7 Construction —kft—Mit. Prior to construction of any
telecommunications facility, MFS shall pay the construction permit
fee provided by Section 6.606 of the Telecommuni cations Ordinance,
as now or hereafter amended. To the extent that MFS has been
permitted to construct facilities in advance of the Effective Date
without payment of permit fees, it is agreed that such fees shall
be calculated and paid within 30 days of the Effective Date.
5.8 MuxziciPal Services. In the event that the village
desires to purchase, lease or use any Telecommunications Service,
or any Facilities or equipment provided by MFS, MFS shall, subject
to applicable law, offer the same to the Village upon contract
terms and conditions no less favorable (including, without
limitation, rate of compensation, warranties and payment) than the
most advantageous terms and conditions offered to any political
subdivision within the State of Illinois.
5.9 Acc Ptance of PaMents. The acceptance by the Village of
any payment shall not be construed as an accord by the Village that
the amount of such payment is the correct amount due from MFS
pursuant to this Agreement, nor shall such acceptance of any
payment be construed to be a release or waiver of any claim the
Village may have for further or additional sums due and payable
pursuant to this Agreement.
5.10 No Right Of Set9ff. Except as expressly provided herein,
all payments due to the Village from MFS pursuant to this Agreement
shall be paid without counterclaim, setoff, deduction or defense.
SECTION 6. LOCATION OF FACILITIES: The following principles,
in the following order of priority, shall govern the location of
all MFS Facilities:
6.1 Cilocafian, ,Wherever
an existing utility conduit, duct,
vault, or Other existing utility facility can physically
accommodate, any cable, wire or other Facility, without substantial
modification or expense to MFS and upon reasonable terms and
conditions, MFS shall utilize such and shall not construct or
install any new, different or additional facilities.
6.2 Rqeij66stjbjj"1�
.—&�OUXU» 'Wherever the electric or
telephone hin the VuZlic Ways are relocated
underground at a particular location during the term of this
Agreement, MFS shall cause its Facilities to also be moved and
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relocated underground, as directed by the Village Engineer, which
shall not be later than the expiration of the Franchise term.
6xx",x�i:wWherever there
is no surplus
space on exidEifi4'jjt`f' Ity"r c-1-flit"ies to physically accommodate MFS'
cable, wire or other facilities, or wherever no such utility
facilities exist at the time of MFS construction of the
Telecommunications System, MFS shall locate its Facilities
underground.
6.4
a
facility which
cannot be`rcei unddrground a`rzd ss placed on any
Public Way,
public property or depicted on the
construction permit
0 p Village and shall be
constructed and adequately
W Y,
any Public a subject
visible from
1 0 1 underground
burial and above ground facilities, if any, shall be located as
specified in the final construction permit plans approved by the
Village.
SECTION 7. CONSTRUCTION OF TELECOMMUNICATIONS SYSTEM:
7.1 Entry on Prooertv. MFS shall not enter upon any Public
Ways in t p
he village, nor shall it permit or suffer any employee,
agent, contractor or subcontractor of MFS to enter upon any such
property, for the purpose of constructing, installing, relocating
or removing the Telecommunications System, unless a grant of
franchise authority from the Village and a construction permit from
the Village Engineer have first been obtained as provided in the
Telecommunications Ordinance.
7.2 Kermit Plans. In addition to the per -nit application,
plans, information, construction detail, and permit fees required
under the Telecommunications Ordinance, MFS shall submit the
following to the Village Engineer or his designee as a condition to
the issuance of a construction permit:
(a) A map in sufficient detail indicating, (i) the
proposed route for all cable lines, including detailed
drawings of the location in, each Public Way where such cables
are proposed to be placed underground and aboveground; (ii)
all existing utilities in such Public Ways; (iii) all trees,
structures, improvements and obstructions in such Public Ways;
and (iv) the names of owners of all properties, public or
private, under, over or across which the cable lines are
proposed to be constructed and/or installed. Such map shall
also identify which trees, utility facilities, structures,
other improvements and all other obstructions that MFS
proposes to temporarily or permanently remove or relocate-
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(b) A complete list of all permits, approvals,
certifications, licenses or other authority required to be
obtained from Governmental Authorities and from Persons.
(c) A written traffic control plan delineating the
proposed construction schedule and traffic impacts on Public
Ways. The plan shall be proposed in accordance with the
manual on uniform traffic control devices published by the
Illinois Department of Transportation.
(d) A drawing depicting the proposed depth of the
Facilities to be buried, if any, and its spatial relationship
to other underground utilities or facilities in the area.
(e) Such other information as is reasonably required by
the Village Engineer to determine that the permit
applications, plans, drawings and maps comply with applicable
laws and regulations.
7.3 Obligation to Obtain Permits. MFS shall, before
commencing constructionofany kind in the Village, obtain all
Permits as may be necessary or required for the use of any public
or private property in connection with, and for the construction
of, the Telecommunications System. MFS shall submit copies of all
Permits received by it, with the exception of those issued by the
Village, to the Village Engineer prior to the commencement of
construction. Each permit application submitted to the Village
shall contain plans and specifications sufficiently detailed to
demonstrate to the Village that the Telecommunications System will
be constructed in accordance with the Telecommunications ordinance
and all other application codes and ordinances.
7.4 Lateral Connections. Whenever MFS elects to engage in
construction or maintenance of a lateral connection from its
Telecommunications System within the Public Ways to an MFS customer
location which was not included within the Final Plans and
Specifications, such permit application and plans and
specifications shall demonstrate that such lateral is consistent
with the overall concept of the final Plans and Specifications,
presents no threat to the public health and safety, and meets all
other requirements of this Agreement.
7.5 Mae—mbbei-ship in J,.U.L.I.E.. MFS shall, before commencing
construction, become a member of Joint Utility Locating Information
for Excavators ("J.U.L.I.E.11) and shall at all times during the
term of this Agreement, remain a member of and comply with all
regulations of J-U.L.I.E.
7.6 Construction, in Accordance with Permits. MFS shall
construct the Telecommunications System in strict accordance with
all Permits, with the Telecommunications Ordinance, and with the
applicable codes, rules and regulations of all Governmental
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Authorities, and the failure to comply therewith shall constitute
a material breach of this Agreement. MFS shall, as diligently as
possible but in no event later than 30 days after receipt of a
written violation notice, correct such violation. However, any
v--olation that constitutes, in the opinion of the 'Village Engineer,
a Potential threat of harm to the public, shall be corrected
immediately following notice to MFS of the violation or threat,
which shall, be followed by written notice as soon thereafter as
practicable.
SECTION 8. CONSTRUCTION ON AND IN PUBLIC STREETS:
8.1 Minimal Interferenc—p. All work performed on, in, under,
across or along the Public Ways shall be conducted so as to
minimize any interference with existing utilities, or with the
rights and convenience of the general public, including traffic
flow. MFS shall, at all times, employ reasonable care to avoid
damage or interference with existing utilities, and while
performing work: (a) employ reasonable care to protect the health
and safety of the public; and (b) operate in accordance with the
traffic control plan as approved by the Village Engineer.
8.2 m!c_des. MFS shall use suitable barricades, flags,
lights, flares or other protective devices at such times and places
as are required by its traffic control plan, all applicable
ordinances, codes, rules and regulations and at such additional
times and places as are required for the safety of all members of
the general public, so as to prevent injury to any person or damage
to any vehicle by reason of any work being Performed, as determined
by the Village in its sole judgment and discretion.
SECTION 9. EXCAVATION WORK AND TIME PERIODS:
9.1 Prior,Notificatio . MFS shall notify the owners of all
Private Property abutting the proposed excavation at least seven::y-
two (72) hours prior to any excavation which comes within ten (10)
feet of any existing Village utilities or in any Public Street.
MFS shall notify the Village Engineer no less than ten (10) working
days prior to such work. Nothing herein shall be construed as
preventing MFS from making immediate repairs to any damage caused
to any Facilities; provided that MFS shall notify the Village
Engineer as promptly as possible before such repair work or, if an
emergency, as soon thereafter as possible. MFS shall, if required,
notify J.U.L.I.E. before such repair work.
9.2 Excavation Plans.
Unless otherwise approved by the
Village Engineer, no excavation on any Public Way or private
property shall be conducted more than twenty-four (24) hours prior
to the installation therein of any Facilities.
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9.3 Excavations in Lawns --A- Parkways. All excavations in
lawns or grassy parkways within any Public Way or within any other
public streets, ways, alleys, easements or places shall be
immediately backfilled and tamped. If such excavations are
performed between May 1st and October ist, they shall be restored
with sod within fourteen (14) days of completion of such
excavation, and if performed between October 1st and May 1st, they
shall be restored with sod no later than May 15th; provided,
however, the time for restoring with sod shall be extended as may
be reasonably necessary under the circumstances, in the opinion of
the Village Engineer, in the event adverse weather conditions
prevent completion of such restoration within the time periods
provided herein.
SECTION 10. TRIMMING TREES PROHIBITED: MFS shall not cut or
trim any tree, shrub or other vegetation, in or on any Public Way,
or within any other public streets, ways, alleys, easements, or
places prior to receiving the written approval of the City
Engineer. MFS may cut or trim trees on private property as
necessary, provided that MFS first obtains written permission of
the affected property owner. All cutting or trimming of trees,
shrubs or other vegetation trimming shall be in accordance with
standard local arboricultural practices to the minimum extent
necessary. All trimming debris shall be removed from the work area
on a daily basis.
SECTION 11. GENERAL CONSTRUCTION STANDARD: All work performed
on the Telecommunications System shall be performed in a good and
workmanlike manner using materials of good and durable quality. If
at any time it is determined by the Village or any other
Governmental Authority, in its sole discretion and judgment, that
any part of the Telecommunications System, including, without
limitation, any means used to distribute signals over or within the
Telecommunications System, is harmful to the health or safety of
any Person, then MFS shall, at its sole cost and expense, promptly
correct all such conditions to the reasonable satisfaction of such
Governmental Authority.
SECTION 12. "AS -BUILT" PLANS: MFS shall furnish the Village
with two (2) complete sets of all "as -built" plans for the
Telecommunications System as originally constructed, and for all
reconstruction, repair, relocation and other work performed
thereon, within sixty (60) days after completion of any such work,
Within six (6) months after written notice from the Village to MFS
that the village has adopted a GIS system and format, MFS shall
also furnish to the Village one (1) digital copy of the "as -built"
plans in the specified format for inclusion in the Village's GIS
system, and shall thereafter also furnish one (1) digital copy of
the "as -built,, plans within sixty (60) days after completion of the
work.
SECTION 13. VILLAGE RIGHT OF INSPECTION: The Village shall have
the right to inspect all construction to ensure Compliance with
this Agreement, the Telecommunications Ordinance, and all
applicable codes, laws, ordinances, rules, regulations and Permits.
SECTION 14. RECORDS:
14.1 Books and RA—co:�:d-s. MFS shall maintain, at all
during the term of this Agreement: times
current books and records showing the business conducted by MFS in
Village; (ii) complete, accurate and current maps of the
Telecommunications System; (iii) such other books and records as
the Village may require MFS to keep as Provided in the
Telecommunications Ordinance.
14.2 Inspection and Audits. All of such books and records,
and originals of all maps and other documents pertaining to this
Agreement shall be maintained in and/or made available for
inspection by the Village, its agents or employees, at the MFS
office located in Oakbrook Terrace, Illinois, or at some other
convenient and mutually agreeable location, at reasonable times and
intervals. Subject to the confidentiality restrictions set forth
below, the Village shall have the right to make or obtain copies,
at its expense, of all documents, maps or records (except customer
lists) pertaining to this Agreement and MFS shall fully cooperate
in assisting the Village in this regard.
14.3 ln_qm!Mies- The Village may, at any time, make inquiries
pertaining to the Franchise and the operation of the
Telecommunications System. MFS shall make all reasonable efforts
to respond to such inquiries within five (5) business days of such
inquiry.
14.4 Confidentiality. If either party Provides confidential
information to the other in writing and identified as such, the
receiving party shall protect the confidential information from
disclosure to third parties with the same degree of care afforded
its own confidential and proprietary information, except that
neither party shall be required to hold confidential any
information W which is or becomes publicly available other than
through the recipient, (ii) which is required to be disclosed by a
governmental or judicial order (notice of which shall be provided
to the original disclosing party prior to such required
disclosure), (iii) which is required to be disclosed by statute,
(iv) which is independently developed by the receiving party, or
M which becomes available to the receiving party without
restriction from a third party. These obligations shall survive
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expiration or termination of this Agreement for a period of two (2)
years. In addition, upon termination of this Agreement, the
receiving party of any written confidential information shall, on
written request of the disclosing party, promptly return to the
disclosing party any and all copies of such confidential
information in the possession or control of the receiving party or
destroy such confidential information and provide certification of
such destruction to the disclosing party.
SECTION 15. SECURITY FUND:
15.1 Amount. On or before the Effective Date, MFS shall
establish a "Security Fund" by depositing with the Village, or a
financial institution approved by the Village, the total amount of
$50,000-00, in the form of an unconditional letter of credit,
surety bond, or other instrument, in form and substance acceptable
to the Village Attorney. At a minimum, the letter of credit, bond
or other instrument shall: (1) provide that it shall not be
canceled without the prior written consent of the Village; and (2)
not require the consent of MPS, but will require notice to MFS
prior to the collection by the Village of any amounts covered by
said bond or other instrument. The Security Fund shall be
maintained at MFS' sole cost and expense.
15.2 Purpose. The Security Fund shall serve as security for
(1) the faithful performance by MFS of all provisions of this
Agreement and of the Telecommunications Ordinance; (2) any
expenditure, damage or loss incurred by the Village occasioned,
directly or indirectly, by MFS ' failure to comply with all codes,
ordinances, rules, regulations, orders, Permits, the Final Plans
and specifications and other directives of the Village issued
pursuant to this Agreement; (3) the payment by MFS of all liens and
taxes, and all damages, claims, costs or expenses that the Village
has paid or incurred by reason of any act or default of MFS
including, without limitation, any restoration work that the
Village must perform itself or have completed as a consequence of
MFS failure to so perform or complete; and, (4) all other payments
due the Village from MFS pursuant to this Agreement. The
withdrawal of amounts from the Security Fund shall constitute a
credit against the amount of the applicable liability of MFS to the
Village, but only to the extent of said withdrawal.
15.3 Reduction of Fund: Upon the Village's written
certification of completion of construction of the System, which
shall not be unreasonably delayed, the letter of credit may be
reduced to $15,000.00. One year after the completion of
construction, provided that on such date there are no claims of any
type that have been asserted or are likely to be asserted against
MFS or the Village arising out of any acts or omissions of MFS
relating to the Franchise, the letter of credit may be further
reduced to $5,000, or the letter of credit may be withdrawn upon
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substitution of a bond in the amount of $5,000 issued by a
corporate surety in a form and substance acceptable to the Village
Attorney. g
15.4 Withdrawals. If after prior written notice and an
opportunity to cure MFS: (1) fails to make any timely payment
required to be made by MFS hereunder; (2) fails to timely pay any
taxes or liens relating to the Telecommunications System that are
due and unpaid; (3) fails to timely pay to the village any damages,
claims, costs or expenses which the Village has been compelled to
pay or incur by reason of any act or default of MFS; or (4) fails
to comply with any provision of the Telecommunications Ordinance or
this Agreement that the Village determines can be remedied by an
expenditure of an amount in the Security Fund; then, after three
(3) days, written notice to MFS from the Village of its intention
to exercise its rights under this Subsection if not paid by MFS,
and the failure of MFS to pay the monies due, the Village may
withdraw the amount from the Security Fund.
15.5 Within 14 days after receipt of notice
from the Village that any amount has been withdrawn from the
Security Fund, MFS shall restore the Security Fund to the amount
specified in this Section.
15.6 Restoration of Fund. In the event that MFS shall fail
or neglect to pay any damage, claim, cost, expense, tax or other
payment when due, or otherwise fail to comply with any provisions
of the Telecommunications Ordinance or this Agreement, the
performance of which is to be secured by the Security Fund, MFS
shall, after receipt of thirty (30) days, written notice and
failure to cure, provide a $50,000 Security Fund in strict
accordance with the requirements of the Telecommunications
Ordinance.
15.7 interest. All interest accrued on the amount in the
Security Fund, if any, may be withdrawn by MFS, upon written
notification of said withdrawal to the Village, provided such
withdrawal does not reduce the Security Fund below the minimum
required under this Agreement.
15.8 Closing and Return of Security -Fund. Upon any
termination of the Franchise,— other than a revocation, MFS shall be
entitled to the return of the Security Fund, or such portion as
remains on deposit at termination and after account is taken for
all offsets necessary to compensate the Village for the falure by
MPS to Comply with any provision of this Agreement. In the event
of any revocation of the Franchise, the Security Fund, and any
accrued interest, shall become the property of the Village to the
extent necessary to cover any costs, loss or damage incurred by the
Village as a result of said revocation, provided that any amounts
in excess of said costs, loss or damage shall be refunded to MFS-
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15.9 Ricrhts Not Ljmitqd_- The rights reserved to the Village
with respect to the Security Fund are in addition to all other
rights of the Village, whether reserved by this Agreement or
authorized by law, and no action, proceeding or exercise of a right
with respect to said Security Fund shall affect any other right the
Village may have.
SECTION 16. LIABILITY AND INI)MMIFICATION:
16.1 MPS. MFS shall be responsible for any damage or loss to
any real or personal property of the Village or of any person, and
for any injury to or death of any individual person, or any
officer, employee or agent of the Village, arising out of or in
connection with MFS' negligence or misconduct in the construction;
installation, use, operation, maintenance, repair and/or removal of
the Telecommunications System, or its failure to act in connection
therewith.
16.2 Village. The Village, its officers, employees and
agents shall not be liable for any loss or damage to any real or
personal property of any Person, or for any injury to or death of
any individual Person, arising out of or in connection with MPS,
negligence or misconduct in the construction, operation,
maintenance, repair or removal of the System, provided such loss or
damage is not proximately caused by the gross negligence or
intentional misconduct of the Village.
16.3 Emergency and Other Actions.
(a) The Village may, at any time, in case of fire,
disaster or other emergency, as determined by the Village, cut
or move any Facilities, in which event the Village shall not
be liable therefor to MFS. The Village shall use reasonable
efforts, as practical under the circumstances, to contact MFS
prior to any such cutting or movement of its wires and to give
MFS the opportunity to perform such work itself. In the event
that it is not practical to notify MFS prior to any such
cutting or movement, the Village shall notify MFS by calling
MFS' Network Operations Control Center ("NOCC") at
1 -800 -MFS -CITY, as soon as practical after the Village has
knowledge of such cutting or movement.
(b) The Village shall not be liable to MFS for any
damage to or loss of all or any part of the Telecommunications
System, or otherwise, as a result of or in connection with the
Protection, breaking through, movement, removal, alteration or
relocation of any part of the Telecommunications System by or
on behalf of MFS or the Village in connection with any
emergency, public work, public improvement, alteration of any
municipal structure, any change in the grade or line of any
Public Way, or the vacation, elimination, discontinuation or
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closing of any Public Way. The Village shall use reasonable
efforts to contact MFS to give MFS prior to any such cutting
or movement of its wires and be given the opportunit,/ to
perform such work itself.
(c) The Village, its officers, employees and agents
shall not be liable to MFS or any affiliate of MFS for any
special, incidental, consequential, punitive or other damages
as a result of the lawful exercise of any right of the Village
pursuant to this Agreement including, without limitation, the
right of the Village to terminate the Franchise and to take
any action subsequent termination.
16.4 Indemnific tion and Nogtice.
,At—mifica, MFS shall, and does here -by
agree to defend, save, indemnify and hold the Village, its
corporate authorities, elected and appointed officials, officers,
boards, commissions, legal counsel, employees and agents harmless
from any injury, claim, demand, suit, judgment, execut on,
liability, debt, damages or penalty (the "Claims") directly or
indirectly arising out of, resulting from, or alleged to arise out
of or result from, MFS' negligence, including, without limitation,
its failure to act, or misconduct in the construction, operation,
maintenance, repair or removal of the Telecommunications System, or
the distribution of any service over the Telecommunications System,
whether such acts or omissions' are those of MFS or its officers,
employees, agents or contractors and whether or not any such act or
omission is authorized, allowed or prohibited by this Agreement.
The Village agrees to give MFS prompt notice of any such Claims
which MFS may defend with counsel of its own choosing-, No such
claim shall be settled without the consent of mps.
16.5 llcf�ense E cense. MFS shall, and does hereby agree to,
pay all expenses incurred by the Village in defending itself with
regard to any and all of the Claims. These expenses shall include
all Out-of-pocket expenses, such as attorneys' and expert's, fees,
and shall also include the reasonable value of any services
rendered by any employee of the Village.
SECTION 17. LIABILITY INSURANCE:
17.1 Garal Liab—eneral Li ility. MFS shall maintain, throughout -he
term of the Franchise, general public comprehensive liability
insurance insuring both MFS and the Village, and the Village's
officers, boards, commissions, elected and appointed officials,
agents and employees, in the minimum amounts of:
(a) Five Million Dollars ($5,000,000.00) for bodily
injury or death to each Person;
- 16 -
(b) Five Million Dollars ($5,000,000-00) for property
damage resulting from any one accident; and
(c) Five Million Dollars ($5,000,000.00) for all other
types of liability.
17.2 Aut2m__obile. MFS shall maintain in its own name
automobile liability insurance with a limit of Three Million
Dollars ($3,000,000.00) for each person and Three million Dollars
($3,000,000.00) for each accident for property damage with respect
to owned and non -owned automobiles for the operations of which MFS
is responsible.
17.3 Workers CMgensLition. MFS shall also maintain Worker's
Compensation Insurance within the statutory limits and Employer's
Liability Insurance with not less than one Hundred Thousand Dollars
($100,000-00) coverage.
17.4 Hazard. By reason of MFS` right to use or work in the
Public Ways, MFS' insurance shall cover comprehensive form,
premises -operations, explosions and collapse hazard, underground
hazard, and products completed hazard in the minimum amount of
Three Million Dollars ($3,000,000.00), or whatever limits are
permitted by the State of Illinois for bodily injury and property
damage combined.
17.5 Evidence of Insurance Policies. On or prior to the
Effective Date, MFS shall furnish proof to the Village Manager that
the foregoing insurance policies have been obtained, along with
written evidence of payment of required premiums, in the form of a
certificate of insurance and copies of the policies of insurance
when requested.
17.6 Maintenance of -insurance Policies. The liability
insurance policies required by this Section shall be maintained by
MFS throughout the term of the Franchise and such other period of
time during which MFS operates or is engaged in the removal of the
Telecommunications System as subject to Village inspection and
approval. Each such insurance policy shall contain the following
endorsement:
It is hereby understood and agreed that this policy may
not be cancelled nor the intention not to renew be stated
until 30 days after receipt by the Village of Mount
Prospect, by registered mail, of a written notice
addressed to the Village Manager of such intent to cancel
or not to renew for reasons other than non-payment or 10
days after receipt for the reason of non-payment.
Within 10 days after Village receipt of said cancellation or non-
renewal notice, and in no event later than S days prior to said
cancellation, MFS shall obtain and furnish to the village
- 17 -
replacement insurance Policies in a form acceptable to the Village
Attorney. MFS will use its best efforts to obtain replacement
insurance Policies and provide proof thereof to Village prior to
the cancellation date.
17.7 t Minim Alteration of imitations. The Village may,
Minimum L
following he Effective Date and, by written notice to MFS require
MFS to increase the minimum limitations of the insurance Policy or
Policies required in this Section by a percentage not to exceed the
percentage increase in the Index as of the Effective Date.
17.8 No Limit of Jdability. The legal liability of MFS to
the Village and I any person for any of the matters that are the
subject of the insurance Policies required by this Section, shall
not be limited by said insurance policies or by the recovery of any
amounts under Policies.
SECTION 18. ASSIGNMENTS, TRANSFERS AND SIMILAR ACTIONS:
18.1 Y111acre Approval itecru3 red.
Neither the Franchise, nor
any rights or obligations Of MFS pursuant to this Agreement, nor
any of MFS' interest in the Telecommunications
System shall be
assigned, transferred,
leased or sublet in any manner, in whole or
in part, to any Person, nor shall title thereto, either legal or
equitable, or any right or interest therein, or in any property or
assets relating to the Franchise or the Telecommunications System,
pass to or vest in any Person, nor shall any substantial change in
control of MFS occur, either by act of MFS, by operation of law or
otherwise, without the prior consent of the village, which consent
shall not be unreasonably withheld or delayed, as expressed by an
ordinance duly adopted and then only on such reasonable conditions
as may therein be prescribed. Notwithstanding anything to the
contrary contained herein, consent of the Village is not required
prior to any lease or sublease of System capacity to Persons for
the purpose of reselling or otherwise providing Telecommunications
Service over the System ("Resellers"), provided that MFS first
gives written notice to the Village of such lease or sublease,
identifying such Resellers and the set -vices that will be provided
over the System.
18.2 Chancre in COR-t-Kol,- Notwithstanding Section 6.724 of -he
Telecommunications Ordinance, MFS shall only be required to obtain
prior Village consent for a substantial change in control which,
for purposes of this Agreement, shall mean a divestiture by MFS
Telecom, Inc. or MFS Communications Company, Inc. that, in one or
more transactions, singularly or collectively, transfer more than
fifty percent (5Wk) Of MFS stock. Any such action completed
without such prior consent of the Village shall be a violation of
this s Agreement and shall, at the option of the Village, which
option may
be exercised in the Village's sole judgment and
discretion, and without further notice or procedure, render the
- 18 -
Franchise void and entitle the Village to pursue all remedies
available to it. The grant or waiver of any one or more of said
consents shall not render unnecessary any subsequent consent or
consents, nor shall the grant of any said consent constitute a
waiver of any other rights of the village.
18.3 RO-tice tg-> -Villacre. MFS shall promptly notify the
Village of any Proposed action requiring the consent of the Village
pursuant to Subsection 18.1 or 18.2 of this Agreement by submitting
to the Village, at least sixty (60) days prior to the proposed
action, a petition requesting the approval of the Village. The
petition shall fully describe the proposed action and shall be
accompanied by a justification for the action and such additional
supporting information as the Village may require in order to
review and evaluate said action.
18.4 Af f Iliaterasfer
A_Per:mitted. Notwithstanding any
provision to the contrary in the Telecommunications Ordinance, MPS
may assign the Franchise, and its rights and obligations hereunder,
to a parent, affiliate or subsidiary company of MFS, upon notice
to, and without the necessity of obtaining the prior consent of,
the village. Any assignment made pursuant to this Subsection 18.4
shall not become effective unless and until the proposed assignee
shall have executed a document, in form and substance acceptable to
the Village Attorney in its reasonable discretion, whereby the
proposed assignee assumes all of the obligations, liabilities and
responsibilities of MFS pursuant to and in accordance with this
Agreement, including those accruing prior to the date of the
assignment. Upon receipt and acceptance by the Village of that
document and a copy of the assignment to the Assignee, the assignor
thereof shall be released from all liability under this Agreement.
SECTION 19. FORECLOSURE, CONDEMNATION AND RECEIVERSHIP:
19.1 Foreclosure. Upon the scheduled occurrence of any
foreclosure or other judicial sale of all or any part of the
Telecommunications System, or the termination of any lease or
mortgage covering all or any material part of the
Telecommunications System, MFS shall immediately notify the
Village. This notification shall be treated as a notification of a
proposed change in control of MFS, and the provisions of Section 18
of this Agreement shall apply.
19.2 Condemnation. In the event that the Telecommunications
System, or any material part thereof, is taken, appropriated, or
condemned pursuant to law, and the effect of such taking is to
materially frustrate or impede the ability of MFS to carry out its
obligations pursuant to, and the purposes of, this Agreement, then
the Village may revoke or MFS may surrender the Franchise, subject
to the removal of the Telecommunications System by MFS or its
successor.
- 19 -
19.3 Receiversh, : Eotifig� Ationb�mgvs. MFS shall
immediately notify the Village, in writing, if—.- (1) MFS files a
voluntary Petition in bankruptcy, a voluntary petition to
reorganize its business, or a voluntary petition to effect a plan
or other arrangement with creditors; (2) MFS files an answer
admitting the jurisdiction of the Court and the material
allegations of an involuntary petition filed pursuant to the
Bankruptcy Code, as amended from time to time; (3) MFS is
adjudicated bankrupt, makes an assignment for the benefit of
creditors, applies for or consents to the appointment of any
receiver or trustee of all or any part Of its property located
within the Village, including all or any part of the
Telecommunications System; (4) MFS institutes dissolution or
liquidation proceedings with respect to its business; (5) an order
is entered approving an involuntary petition to reorganize the
business of MFS or to effect a plan or other arrangement with
creditors or appointing a receiver or trustee for the Franchisee of
all or a part Of its property located within the Village including,
without limitation, all or any part of the Telecommunications
System; or, (6) a writ or warrant of attachment, execution,
distraint, levy, Possession, or any similar process shall be issued
by any court against all or any part of the Property of MFS
including, without limitation, all or any part of the
Telecommunications System.
SECTION 20 SAFETY:
20.1 at-andara_qf Care. MFS shall at all times utilize the
standard of care attendant to the risks involved and shall install
and maintain in use commonly accepted methods and devices
for
preventing failures and accidents which are likely to cause damage,
injury or nuisance to the public or to employees of mFs.
20.2
installations All
not to impaircations made so as
shall installof any structure. MFS
Facilities
requirements o with the
will not interfere with any
that they
public utility. e or any
utility. Facilities in, over, under and upon the Public
Ways and private property within the Village, wherever situated or
located, shall at all times be kept and maintained in a safe and
suitable condition and in good order and repair.
SECTION 21. FRANCHISE RENEWAL:
MFS shall have the right to request renewal of the Franchise
and this Agreement for an additional term of not more than ten (1.0)
years following the expiration of the term provided in this
Agreement, as provided in the Telecommunications Ordinance,
- 20 -
SECTION 22. NO EXTRANEOUS INDUCEMENTS:
MFS acknowledges that it has not been induced to accept this
Franchise by any promise, verbal or written, by or on behalf of the
Village or by any third person regarding any term or condition of
this Agreement not expressed herein. MFS shall further be deemed to
warrant that no promise or inducement, oral or written, has been
made to any Village employee or official regarding receipt of the
Franchise, other than as contained in this Agreement.
SECTION 23. COMPLIANCE WITH LAW:
MFS and the Village shall, at all times, comply with
applicable laws, codes, rules and regulations of all Governmental
Authorities, regardless of whether such law, code, rule or
regulation is expressly referenced in this Agreement. MFS shall, at
all times, comply with all applicable laws, ordinances
resolutions, codes, rules and regulations of the Village, and all
applicable memoranda and other directives of the Village, as such
laws, ordinances, resolutions, codes, rules, regulations, memoranda
and directives may be modified or amended from time to time,
including the Telecommunications ordinance of the Village.
SECTION 24. SUBSEQUENT ACTION BY GOVERNMENTAL AUTHORITIES: If
any subsequent law, ordinance, rule, code, regulation, controlling
judicial review or decision shall require or permit MFS to perform
any act or shall prohibit MFS from performing any act such that MFS
may be in conflict with the terms of this Agreement, then as soon
as possible following knowledge thereof, MFS shall so notify the
Village. If the Village or MFS determines that a material provision
of this Agreement is affected by such changed or new law, ordinance
or regulation, the Village and MFS shall enter into good faith
negotiations to modify this Agreement to conform with such changed
requirements.
SECTION 25. NONENFORCEMENT BY VILLAGE: MFS shall not be excused
from complying with any of the terms and conditions of this
Agreement by any failure of the Village, upon any one or more
occasions, to insist upon MFS' performance of, or to seek MFS'
compliance with, any one or more of said terms or conditions.
SECTION 26. FRANCHISE REVOCATION:
26.1 Cause for Revocation. Subject to prior notice and
hearing as provided herein, this Agreement and the Franchise
granted by the Village to MFS may be revoked by the corporate
authorities for the following reasons:
- 21 -
(a) MFS fails to comply with the conditions of occupancy
Of the Public Ways set forth herein or in the ordinances of
the Village; or
(b) MFS substantially violates other material terms of
this Agreement; or
(c) MFS practices fraud and deceit upon the village or
its customers; or
(d) MFS fails to provide or pay any material portion of
the compensation or fees owed the Village pursuant to this
Agreement when due; or
(e) The acts, Omissions or events specified in the
Telecommunications Ordinance as grounds for revocation.
26.2 Ngtice. In the event that the Village Manager believes
that grounds for revocation exist, the Village manager shall. notify
MFS in writing, setting forth the nature and general facts of such
non-compliance. If, within thirty (30) days following receipt by
MFS of such written notification, MFS has not furnished reasonably
satisfactory evidence that corrective action has been taken or is
being actively and expeditiously pursued, or that the alleged
violations did not occur, or that the alleged violations were
excused by force majeure, the matter shall be referred to corporate
authorities. Upon good cause, the thirty (30) days correction be
period may extended for such reasonable time as t4e parties
shall mutually determine is necessary to complete'ucjj cure. Suell
-
good cause must be detailed in writing to the City Manager within
- T�
five (5) days prior to the lapse of the thirty (30) day correction
period.
26.3 Hearin<T. The corporate authorities shall not revoke the
Franchise until it has given prior written notice to MFS that it
proposes to take such action and the grounds therefor and Until MFS
has had a reasonable opportunity to be heard before the City
Council.
SECTION 27. OTHER RIGHTS AND REXEDIEs: Neither party shall be
in default under this Agreement or in breach of any provision
hereof unless and until the other party shall have given such party
written notice of such default and the defaulting party shall have
failed to cure the default within thirty (30) days after receipt of
such notice if it is a non -monetary default or within seven (7)
days after receipt of such notice if it is a monetary default.
where the parties mutually agree in writing that a non -monetary
default cannot reasonably be cured within such thirty (30) day
period, and if the defaulting party has proceeded promptly to cure
the same and prosecute such cure with due diligence, the time for
- 22 -
curing such non -monetary default shall be extended for such period
of time as the parties mutually agree in writing is necessary under
the circumstances to complete such cure. Upon default by either
Party, the non -defaulting party shall have the right to pursue any
and all remedies available at law or equity.
SECTION 28. REMOVAL OF FACILITIES UPON TERMINATION: Upon the
expiration or termination of the Franchise, MFS shall have the
option, as provided herein, to either abandon the Facilities or to
remove the Facilities. If MFS elects to remove the Facilities, in
whole or in part, it shall be done without expense to the Village,
within such time as the village may reasonably require, without
unnecessary opening the pavement of the right-of-way, and with
restoration of all affected property to a condition reasonably
satisfactory to the Village. MFS shall give the Village 60 days
notice if it desires to abandon said facilities, in whole or in
part. In the event MFS gives notice to abandon the facilities, the
Village, after sixty (60) days prior written notice to MFS, shall
be allowed to take over said Facilities as property of the Village
without compensation to MFS. If the Facilities pose a public
health or safety hazard, nuisance or threat, in the sole discretion
of the Village, MFS shall not have the option to abandon the
Facilities and shall be obligated to remove the Facilities, or
those portions directed by the Village.
SECTION 29. TIME IS OF THE ESSENCE OF THIS AGREEMENT: Whenever
this Agreement sets forth any time for any act to be performed by
either party, said time shall be deemed to be of the essence.
SECTION 30. TIME FOR EMERGENCY NOTICE: In the event of an
emergency involving life, health, safety or property, as determined
by the Village in its sole judgment and discretion, the Village may
reduce or eliminate the notice requirements set forth in this
Agreement, and any such reduction or elimination shall be deemed to
be reasonable under the circumstances; provided, however, that the
Village shall notify MFS as soon thereafter as practical, in
accordance with Section 34.2 or by calling MFS' NOCC at 1 -800 -
MFS -CITY.
SECTION 31. FORCE MAJEURE: Whenever a period of time is
provided for in this Agreement for either the Village or MFS to do
or perform any act or obligation, neither party shall be liable for
any delays or inability to perform due to causes beyond the control
of said party such as war, riot, insurrection, rebellion, strike,
lockout, unavoidable casualty or damage to personnel, materials or
equipment, fire, flood, storm, earthquake, tornado, or any act of
God; provided, however, that said time period shall be extended for
only the actual amount of time said party is so delayed. An act or
- 23 -
omission shall not be deemed to be "beyond MFS' ' control" if
committed, omitted, or caused by MFS, MFS' employees, officers or
agents or a subsidiary, affiliate or parent of MFS or by any
corporation or other business entity that holds a controlling
interest in MFS, whether held directly or indirectly.
SECTION 32. MOST FAVORED COM ONITY: In the event MFS, or any
parent, subsidiary or related entity of MFS, accepts afranchise,
license. ordinAnoa
-L� -LQuaizea witnin 100 ME -es of the
Village and that has a Population of less than 500,000 residents to
install, maintain and operate a telecommunications system within
public ways, streets and easements of such municipality (,fpublic
rights-of-way"), containing terms, conditions or provisions for the
payment of a franchise fee or other compensation for use of public
rights-of-way that would be more favorable to the Village than the
franchise fee and compensation terms, conditions or provisions
contained in Section 5 of this Agreement, MFS shall inform the
Village of that fact and provide (subject to applicable
confidentiality restrictions) a COPY of such franchise, license,
ordinance, permit or other authorization to the Village. within
ninety (90) days of delivery of such notice, the Village may, by
Providing written notice to MFS, adopt such more favorable
franchise fee and compensation terms, conditions or provisions,
whereupon the parties agree that this Agreement shall be deemed
amended to incorporate such more favorable terms, conditions or
provisions. In such event, all other unaffected provisions shall
remain in full force and effect.
SECTION 33. MOST FAVORED FRANCHISEE: In the event the Village
rants a franchise, license, ordinance, permit or
a ion any Person to
=h=rau=hori1 t t� 4
install, maintain
Uhidatlbns system within
the
Public Ways of the Village, containing terms, conditions or
provisions for the payment of a franchise fee or other compensation
for use of the Public Ways of the Village that are more favorable
to such Person than the franchise fee and compensation terms,
conditions or provisions contained in Section 5 of this Agreement,
the Village shall inform MFS of that fact and provide (subject to
applicable confidentiality restrictions) a copy of such franchise,
license, ordinance, permit or other authorization to MFS. Within
ninety (90) days of delivery of such notice, MFS may, by providing
written notice to the village, adopt such more favorable franchise
fee and compensation terms, conditions or provisions, whereupon the
parties agree that this Agreement shall be deemed amended to
incorporate such more favorable terms, conditions or provisions.
In such event, all other unaffected provisions shall remain in full
force and effect.
-1 24 -
SECTION 34. SEVERABILITY: If any section, subsection, sentence,
clause, phrase, or other portion of this Agreement, or its
application to any Person, is, for any reason, declared invalid, in
whole or in part, by any court, agency, commission, legislative
body, or other authority of competent jurisdiction, said decision
shall not affect the validity of the remaining portions hereof.
SECTION 35. GENERAL:
35.1 g9ye mipci Law. This Agreement and the rights of the
parties hereunder shall be interpreted and enforced in accordance
with the laws of the State of Illinois.
15.2 Notices. All notices and other communications in
connection with this Agreement shall be in writing, and shall be
deemed delivered to the addressee thereof when delivered in person
at the address set forth below, or three business days after
deposit in any main or branch United States post office, and shall
be certified or registered mail, return receipt requested, postage
prepaid, properly addressed to the parties, respectively, as
follows:
For notices and communications to MFS:
Chicago Fiber optic Corporation d/b/a
Metropolitan Fiber Systems of Chicago, Inc.
C/o MFS Communications Company, Inc.
1808 Miracle Hills Drive
Omaha, Nebraska 68154
Attn: General Counsel/Shared Services
For notices and communications to the Village:
Village of Mount Prospect
100 S. Emerson Street
Mount Prospect, Illinois
Attention: Village Manager
With a copy via regular mail to:
Everette M. Hill, Jr.
Arnstein & Lehr
120 S. Riverside Plaza
Suite 1200
Chicago, Illinois 60606
By notice complying with the foregoing requirements of this
Section, each party shall have the right to change the address or
addressee or both for all future notices and communications to such
- 25 -
party, but no notice of a change of address shall be effective
until actually received.
35-3 Alaii—na—E f f e c t Each of the terms, conditions and
provisions of this Agreement shall be binding upon and shall inure
to the benefit of the parties hereto, and the respective successors
and assigns. Nothing herein shall be deemed to permit a transfer of
the Franchise by MFS except as provided in this Agreement.
35.4
represents t Au-- �Qrit�tQ �Exequte- MFS hereby warrants and
o the Village that:(1)it has the right, power and
authority to enter into this Agreement and to accept the Franchise
granted to it in this Agreement; (2) the individuals executing this
Agreement on behalf of MFS have the power and authority to bind MFS
to this Agreement; and (3) neither the execution of this Agreement
nor the performance of the obligations contemplated hereby will (i)
result in a breach or default under any agreement to which it is a
party or (ii) violate any restriction, court order or agreement to
which it is subject.
35.5 Amendments. This Agreement may be amended by the same
procedure as required by Illinois statutes for its original
execution and approval, which procedure shall include a writing
agreed to by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first above written.
VILLAGE OF MOUNT PROSPECT
By:
ATTEST:
Village President
Vi�llage Cle—rk
CHICAGO FIBER OPTIC CORPORATION
d/b/a METROPOLITAN FIBER SYSTEMS
OF CHICAGO, INC.
By
Name:
ATTEST: Title:
Kaime�
Secretary
- 26 -
F: \RMCT\nrPR0SPE\MFS-12 - 05,A(3?4
CAF/
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF
A FRANCHISE AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND
METRQPOLITAN FIBER SYSTEMS
WHEREAS, the corporate authorities of the Village of Mount Prospect are desirous of
entering into a non-exclusive Franchise Agreement with Metropolitan Fiber Systems
(MFS); and
WHEREAS, the Franchise Agreement between the Village and Metropolitan Fiber
Systems will allow MFS to install fiber optic cable in certain locations with the Village
rights-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Mayor is hereby authorized to sign and the Village Clerk
directed to attest his signature on the non-exclusive Franchise Agreement between the
Village and Metropolitan Fiber Systems, a copy of which Franchise Agreement is
attached hereto and hereby made a part hereof as Exhibit "A".
SECTION TWO: That this Resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
Fivila.-I
NAYS:
ABSENT:
PASSED and APPROVED this _ day of 1997.
Gerald. L. Farley
Mayor
ATTEST:
Carol A. Fields
Village Clerk