Galesburg City Council Regular Meeting

Transcription

City Council Meeting Agenda
City of Galesburg, Illinois
City Council Chambers
September 19, 2011
6:00 p.m.
Roll Call
6:30 p.m.
Convene into closed door Executive Session for the purpose of discussing (5 ILCS
120/2(c) (11) and (21)):
A. Approval of July 05, 2011 Executive Session minutes.
B. Litigation.
C. Release of Executive Session minutes.
Pledge of Allegiance.
Invocation.
Approve
Presentation
Minutes from September 6, 2011
Limited Rods presentation to Council.
Proclamation Chicago Innovation Awards.
Consent Agenda #2011-18
11-5009
Receive
11-8017
Bills and Advance
Checks
Annual Youth Commission Report.
Approval and warrants drawn in payment of same.
Passage of Ordinances and Resolutions
11-1020
Ordinance
Authorization to proceed with negotiated sale of General Obligation Refunding of
Series 2003 (Final Reading).
11-1021
Ordinance
Rezoning 105 Walnut Street from R-1B to B-2 (Final Reading).
11-1024
Ordinance
Site lease amendment for Telecommunications Tower at Kiwanis Park (First
Reading).
11-1025
Ordinance
Graffiti (First Reading).
Bids, Petitions and Communications
11-3041
Bid
Purchase of truck for Water Division.
11-3042
Bid
Painting two buildings at West Main Street Water Plant.
11-3043
Bid
Proposal for the design-building of a pistol range and classroom facility.
Public Comment
City Manager’s Report
_______________________________________________________________________________________________________________________________________________________________________________________________________________
Page 1 of 2
A. Clean up days
Miscellaneous Business (Agreements, Approvals, Etc.)
11-4077
Approve
Façade grant for 44 North Seminary Street.
11-4078
Approve
Façade grant for 246 East Main Street.
Town Business
11-9020
11-9021
Bills.
Approve
Contract for Township audit services.
Closing Comments
Adjournment
Vision Statement “The City of Galesburg will be a dynamic community featuring a full range of public amenities to serve a diverse citizenry. The City
Council will play a pro-active role in providing leadership to its citizens, neighborhoods, and other public bodies and enact policies which ensure the existence
of a broad based economy.”
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Page 2 of 2
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5:30 p.m. – Budget Work Session: 2011 Tax Levy
Galesburg City Council Special Meeting
City Council Chambers
55 West Tompkins Street, Galesburg, Illinois
September 6, 2011
6:30 p.m.
Call to order by Mayor Salvador Garza.
Roll Call #1: Present: Mayor Salvador Garza, Council Members Ken Goad, W. Wayne Dennis,
Russell Fleming, Corine Andersen, Peter Schwartzman, Wayne Allen, and Jeremy Karlin, 8.
Also present were City Clerk Kelli Bennewitz, City Manager Todd Thompson, and City
Attorney John Hanlon. The Chairman declared quorum present.
The Pledge of Allegiance was recited.
Leigh Nygard, Bethel Baptist Church, gave the invocation.
Council Member Goad moved, seconded by Council Member Allen, to approve minutes of the
special City Council meeting from August 22, 2011.
Roll Call #2:
Ayes: Council Members Goad, Dennis, Fleming, Andersen, Schwartzman, Allen, Karlin,
and Mayor Garza, 8.
Nays: None
Absent: None
Chairman declared motion carried.
Mayor Garza presented United Way Director Ann Tucker and Campaign Co-Chair Judy
Guenseth with a proclamation proclaiming September, October and November as "United Way
Months" in the City of Galesburg. He explained that this year's campaign theme is "Live United.
Advocate. Volunteer," and that each citizen is encouraged to contribute to the United Way in
order to have a significant effect on the quality of life in Knox County.
CONSENT AGENDA #2011-17
All matters listed under the Consent Agenda are considered routine by the City Council and will
be enacted by one motion.
11-6011
Approve the following appointment:
Community Relations Commission
Rodney A. Blue, term expires June 30, 2012
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September 6, 2011
Page 1 of 10
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11-2022
Approve Resolution 11-21 authorizing the Mayor to sign the Downstate Operating Assistance
Grant Program Agreement in the amount of $1,289,900, which is the total amount appropriated
for the City for the transit program.
11-2023
Approve Resolution 11-22 authorizing the Mayor to sign the Non-Metro Area Transportation
Operating and Administrative Assistance Grant Agreement. Total amount awarded to the City is
a maximum of $304,335.
11-8016
Approve bills in the amount of $1,009,180.77 and advance checks in the amount of $600,248.93.
Council Member Allen moved, seconded by Council Member Andersen, to approve Consent
Agenda 2011-17.
Roll Call #3:
and Mayor Garza, 8.
Nays: None
Absent: None
Chairman declared motion carried by omnibus vote.
PASSAGE OF ORDINANCES AND RESOLUTIONS
11-1016
Council Member Goad moved, seconded by Council Member Allen, to approve ordinance on
final reading amending Section 17-31 of Chapter 17 of the Galesburg Municipal Code regarding
graffiti. Staff recommended defeating the ordinance with the anticipation of returning with a
revised version for consideration at the next Council meeting.
Roll Call #4:
Ayes: None
Nays: Council Members Goad, Dennis, Fleming, Andersen, Schwartzman, Allen, Karlin,
and Mayor Garza, 8.
Absent: None
Chairman declared motion failed.
11-1018
Council Member Schwartzman moved, seconded by Council Member Fleming, to approve
Ordinance 11-3329 on final reading authorizing the issuance of General Obligation Refunding
Bonds, Series 2011A and Series 2011B, of the City of Galesburg. In a refunding debt issuance,
new debt is issued to pay off the old debt. The monies received from the new issuance would be
put into an escrow fund and invested until the call dates on the old bonds. The redeeming date
for the City’s 1999 series will be December 30, 2011, and will be refunded with 2011A bonds.
The redeeming date for the City’s 2002 series will be December 30, 2011, and will be refunded
with the Series 2011B bonds.
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September 6, 2011
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Kevin McCanna, Speer Financial, gave the Council an update on the bond sale and stated that the
City received a favorable rate of 1.68 percent for a net savings of $569,000. He also noted that
the City’s recent assigned bond rating of Aa3, supported by our healthy reserves, aided in the
savings.
Roll Call #5:
and Mayor Garza, 8.
Nays: None
Absent: None
11-1019
Council Member Dennis moved, seconded by Council Member Goad, to approve Ordinance 113330 on final reading approving the proposed ward and precinct-redistricting map. The Board of
Election Commissioners is required to change the boundaries of election precincts after each tenyear census following the completion of congressional and legislative redistricting. Such
precincts shall contain as nearly as practicable 600 qualified voters. The Board also proposes a
reduction in precincts from 31 to 26 to reduce expenses, save taxpayer funds, and more closely
align the City with state standards. Changes will take effect at the next City election in 2013.
Roll Call #6:
Ayes: Council Members Goad, Dennis, Fleming, Andersen, Schwartzman, Allen, and
Mayor Garza, 7.
Nays: Council Member Karlin, 1.
Absent: None
11-1020
Ordinance on first reading authorizing the issuance of Taxable General Obligation Refunding
Bonds, Series 2011C.
Kevin McCanna, Speer Financial, explained that this would be a taxable bond issue with a
negotiated sale. The City could save approximately $150,000 or a net value of four percent. He
stated that as long as the City could realize a three percent savings (or approximately $90,000),
they will proceed with the sale. If that target is not attainable, the ordinance could be changed to
authorize the Mayor to authorize the sale once the savings is realized.
11-1021
Ordinance on first reading rezoning from R-1B, single family residential, to B-2, general
business, the property located at 105 Walnut Street. The proposed development would consist of
rehabilitating the former schoolhouse into a restaurant.
Mike Kroll addressed the Council in opposition of the “spot zoning” that is being done for this
business though he has no objections to the planned project. He noted that this area would
eventually become prime commercial space and that it should not be zoned in pieces. The
rezoning should be reviewed on a broader context than with one project.
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September 6, 2011
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11-1022
Ordinance on first reading rezoning from B-2, general business, to R-3A, multi-family
residential, the property located at the northwest corner of North Henderson Street and South
Lake Storey Road. The proposed development would consist of a multi-family student housing
project to serve students attending Carl Sandburg College.
Mayor Garza stated that the consensus of the Council was in favor of the project. He also noted
that the City does not own the property, except the former gas station near the proposed project,
nor did the City demolish the former hotel.
Council Member Karlin stated that proposed rezoning and project are in Ward 7 and he
encouraged constituents to contact him with concerns.
Lori Sundberg, President of Carl Sandburg College, addressed the Council stating that the
college sent two surveys to students inquiring about housing and wanted amenities. Last year,
1,150 students were enrolled at the college and 15 percent would be anticipated to take
advantage of the housing. She reported that the college district spans 10 counties and 3,000
square miles. Apartments would rent for $399 per person for a four-bedroom.
Tim Baldwin, Oxbow Development, addressed the Council stating that it would be unlikely that
the complex would not be completely filled. If not, the rooms would be marketed at market rate
to renters. Their business model does not include any subsidized housing. He further stated that
their apartment complexes are unique and centered on students to provide a safe, happy, and
engaged living experience. The area will include multi-level security consisting of full-time
staff, general manager, assistant manager, maintenance personnel, 24-hour security cameras, key
fobs, etc.
The Mayor reported that the Council would be touring Oxbow’s Muscatine, Iowa, site on Friday,
September 9, 2011.
Charles Frick addressed the Council in opposition to the development. He stated he has concerns
regarding the consideration being given to noise levels and the established residents already in
the area. He inquired on the statistics of the students who would be renting and if any other ideas
for the property had been entertained. He stated he has a concern for the environment and the
current park district, as well as the stress on the lake, fishing, and overall quality of life.
Verna Treasure addressed the Council in favor of the project. She stated that her home is
directly across the highway from the vacant retail store and that development discussions have
been held on the proposed property for years. She stated that she believes this will be a good
development for the area, including possible commercial projects.
Jane Danielson addressed the Council regarding the safety issues this project could pose on the
students and traffic in the area. She urged the Council to meet with the County to discuss a
possible bike or walking path. She also asked that the traffic signal configuration be
investigated. She stated that she does have a concern about the complex not being filled and
opened up to the outside market. She fears that the property values of the surrounding homes
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September 6, 2011
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will go down and asked for some sort of guarantee. Mayor Garza stated that no long-term
guarantees could be made for the project.
Council Member Karlin advised that he would be attending the block party in Lincolnshire on
Thursday, September 8, 2011, and encouraged residents to address any concerns about the
project with him at that time.
Lori Sundberg explained to the Council that each year the college loses students due to the lack
of housing. She believes that this location is ideal but also wants to be respectful of any
concerns. She noted that the parcel behind the former retail store (ShopKo) is zoned multifamily but that it is not an ideal location and provides no buffer, unlike this project. After review
of several Oxbow developments she commented that they far exceeded the college’s
expectations.
Pam Eaves, Carl Sandburg College Student Trustee, addressed the Council with a report on her
meetings with current students and the lack of housing. It was also noted that the college cannot
assist with housing in financial aid, but that students could utilize a federal Pell grant and
possible others.
Mayor Garza asked that a meeting be scheduled with the County to discuss the concern for safety
on South Lake Storey Road and noted its priority.
11-1023
Ordinance on first reading approving the site plan for Phase XXXVII of the Hawthorne Centre
Comprehensive Planned Development District (CPDD). This development is proposed by the
Galesburg Hospitals Ambulance Service to construct a sixteen-space addition to their parking lot
at 2175 Windish Drive.
Council Member Allen moved, seconded by Council Member Dennis, to suspend the rules and
place ordinance on final reading.
Roll Call #7:
Ayes: Council Members Goad, Dennis, Andersen, Schwartzman, Allen, and Mayor Garza,
6.
Nays: Council Members Fleming and Karlin, 2.
Absent: None
Council Member Allen moved, seconded by Council Member Goad, to approve Ordinance 113331 on final reading approving the site plan for Phase XXXVII of the Hawthorne Centre
CPDD.
Roll Call #8:
and Mayor Garza, 8.
Nays: None
Absent: None
______________________________________________________________________________
September 6, 2011
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11-2024
Council Member Goad moved, seconded by Council Member Andersen, to approve Resolution
11-23 authorizing the donation of 22,000 paving bricks to Knox College for the historic
restoration of Alumni Hall.
Roll Call #9:
and Mayor Garza, 8.
Nays: None
Absent: None
BIDS, PETITIONS, AND COMMUNICATIONS
11-3038
Proposals received by American Legal Publishing (Cincinnati, OH), Code Publishing Company
(Seattle, WA), General Code (Rochester, NY), and Municipal Code Company (Tallahassee, FL),
for the recodification of the Galesburg Code of Ordinances. Council Member Karlin moved,
seconded by Council Member Andersen, to approve the proposal from American Legal
Publishing in the amount of $20,000.
Roll Call #10:
and Mayor Garza, 8.
Nays: None
Absent: None
11-3039
Proposals received from Lovewell Fencing, Inc. (Davenport, IA), Empire Fence & Netting
(Lincoln, NE), West Coast Netting, Inc. (Kingman, AZ), and Cross Country Cowboy, Inc.
(Hammonton, NJ), for the purchase and installation of range netting/fencing. Council Member
Karlin moved, seconded by Council Member Dennis, to approve the proposal from West Coast
Netting, Inc. for the purchase and installation of new range netting at Bunker Links Golf Course
in the amount of $30,000.
Roll Call #11:
Ayes: Council Members Dennis, Fleming, Andersen, Schwartzman, Allen, Karlin, and
Mayor Garza, 7.
Nays: Council Member Goad, 1.
Absent: None
11-3040
Proposals received from Atlas Advertising (Denver, CO), Vision Internet (Santa Monica, CA),
Economic Development Marketing (Chula Vista, CA), Weblinx Incorporated (Oswego, IL), and
inCommand Technologies (Corning, NY), for a website development contract for a regional
economic development website. Council Member Goad moved, seconded by Council Member
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September 6, 2011
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Allen, to approve the proposal from Atlas Advertising in the amount of $23,500. Funds for this
development and ongoing maintenance have been budgeted under the EDA grant.
City Manager Thompson stated that after the grant is complete, the website will continue to be
maintained by staff that will provide content management. Atlas will also assist in the
management of information. The site will be utilized by a four-county region, it is the hope that
value will continue to be added, and that the site will eventually be paid through its users.
Council Member Karlin inquired about a quarterly report in relation to the grant. Economic
Development Director Cesar Suarez stated that a semi-annual review is required but staff plans
to report quarterly and eventually monthly as part of the website. A report will be presented in
September.
Mike Kroll addressed the Council stating that this is a large expenditure for this type of
economic development tool. He also deems the $250 hosting fee as being too expensive.
Roll Call #12:
Ayes: Council Members Goad, Andersen, and Allen, 3.
Nays: Council Members Dennis, Fleming, Schwartzman, Karlin, and Mayor Garza, 5.
Absent: None
Chairman declared motion failed.
PUBLIC COMMENT
Kristine Kaden addressed the Council regarding an application she submitted to the Pepsi
Refresh Everything campaign for a chance at a $50,000 grant to improve and replace the
playground equipment at O.N. Custer Park. Individuals are allowed one vote per day.
In order for O.N. Custer to be a recipient of one of ten $50,000 grants, the project must place in
the top ten by 11:59:59 P.M. on September 30, 2011. Voting has started now and can be
accessed at http://www.refresheverything.com/helpourpark.
CITY MANAGER’S REPORT
A. Paint Recycling Event will be held on September 17, 2011, Wal-Mart Supercenter,
659 Knox Square Drive.
B. Clean Up Days will be held September 19 – 23, 2011.
C. Approved Special Events Applications:
a. Use of Standish Park on September 24, 2011, for Disability Awareness day
b. Use of Lake Storey and Cabeen Hiking and Biking Trail on October 16, 2011,
for Walk for Sight
c. Use of Lake Storey on June 30, 2012, for a wedding
d. Use of Standish Park on September 18, 2011, for worship and potluck
MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.)
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September 6, 2011
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11-4075
Council Member Karlin moved, seconded by Council Member Schwartzman, to approve the
grant agreement for the Third Street Reconstruction from Seminary Street to Chambers Street
administered by the Department of Commerce and Economic Opportunity (DCEO) in the
amount of $250,000.
Roll Call #13:
and Mayor Garza, 8.
Nays: None
Absent: None
11-4076
Council Member Karlin moved, seconded by Council Member Dennis, to approve the purchase
and installation of five weather warning siren system radios from Galesburg Communications to
meet the FCC mandated requirements for emergency services. Including a rebate, net cost to the
City would be $8,642. There are sufficient funds for this project in the Emergency Management
Agency budget.
Roll Call #14:
Ayes: Council Members Dennis, Fleming, Andersen, Schwartzman, Karlin, and Mayor
Garza, 6.
Nays: Council Members Goad and Allen, 2.
Absent: None
TOWN BUSINESS
Council Member Allen moved, seconded by Council Member Fleming, that the City Council sit
as the Town Board. The motion carried by Voice Vote.
11-9019
Trustee Fleming moved, seconded by Trustee Schwartzman, to approve Town bills and warrants
be drawn in payment of same.
Fund Title
Amount
Town Fund
$11,807.13
General Assistance Fund
22,343.27
Social Security & Medicare Fund
1,965.60
Total
$36,116.00
Roll Call #15:
Ayes: Trustees Goad, Dennis, Fleming, Andersen, Schwartzman, Allen, Karlin, and Mayor
Garza, 8.
Nays: None
Absent: None
______________________________________________________________________________
September 6, 2011
Page 8 of 10
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Trustee Allen moved, seconded by Trustee Schwartzman, that the Town Board resume sitting as
the City Council. The motion carried by voice vote.
STATEMENTS BY COUNCIL OF GENERAL CONCERN
Council Member Karlin reminded citizens of the block party in Lincolnshire on Thursday,
September 8, 2011.
Council Member Allen invited the community to the National Stearman Fly-In activities. He
also stated that Integrated Properties/Steel Recovery Solutions Fund LLC, located at the former
Butler Manufacturing site, has begun to recycle the 70+ acres of concrete. He noted that some of
this crushed gravel and concrete will be used for the West Main Street grade separation.
Council Member Schwartzman announced that Knox College students will begin on Thursday.
He commented that 400 new students are expected and many of them will likely become
engaged in the community. He encouraged citizens to be receptive to the students and
encouraged the relationships.
Council Member Dennis thanked the organizers of the Labor Day Parade.
Council Member Goad inquired if there was an ordinance regarding throwing candy from
moving vehicles during the parade. He noted that it could be a safety issue with children running
into the street and believes it could prove to be dangerous.
Council Member Goad also thanked administration and staff for sending and posting the City
Council Agenda earlier.
Mayor Garza invited citizens to take advantage of the many opportunities the National Stearman
Fly-In offers. He also thanked the organizers and supporters of the Labor Day Parade. He
encouraged the community to take advantage of the many events in Galesburg and thanked the
volunteers who help with their promotion.
There being no further business, Council Member Goad moved, seconded by Council Member
Dennis, to adjourn the regular meeting at 9:04 p.m.
Roll Call #16:
and Mayor Garza, 8.
Nays: None
Absent: None
Salvador Garza, Mayor
______________________________________________________________________________
September 6, 2011
Page 9 of 10
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Kelli R. Bennewitz, City Clerk
______________________________________________________________________________
September 6, 2011
Page 10 of 10
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11-5009
COUNCIL LETTER
CITY OF GALESBURG
SEPTEMBER 19, 2011
AGENDA ITEM: Receive Annual Youth Commission Report.
SUMMARY RECOMMENDATION: It is recommended by the City Manager that the City
Council receive the annual report.
BACKGROUND: Special Ordinance 85-291 created the Youth Commission to monitor the
youth of the Galesburg community. Within this goal, the Commission’s objectives are to:
determine whether or not the greater Galesburg area has an unusually serious delinquency
problem, pinpoint specific community areas of severe juvenile problems, record type of juvenile
crime, provide a public format where youth, professionals and citizens can air needs and
concerns, increase cooperation and communication among agencies, groups, and individuals,
compare the quality of life for Galesburg youth with other comparable communities, and to
respect the privacy of all juveniles and their legal rights.
This report is presented to the City Council in accordance with the ordinance. The report
describes the commission’s activities and its findings so as to strengthen the delivery of juvenile
services in Galesburg. The report period is from November of 2009 through May of 2011.
BUDGET IMPACT: There would be no budget impact to receive the annual report.
SUPPORTING DOCUMENTS:
1. Annual Youth Commission Report
___________________________________________________________________________________________________________________________________________________________________________________________
Page 1 of 1
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Galesburg Youth Commission Annual Report
Submitted: September, 2011
The Youth Commission was created by Special Ordinance 85-291. Its mandated mission is to
monitor the youth of the community and from time to time report its findings to the council and
the greater community. Currently, the commission consists of two high school representatives,
both of whom attend Galesburg Senior High School. The remaining members are adults who
share a deep commitment to the youth of our community.
Owing to the commission’s meeting schedule, this report will cover commission activities from
November 2009 through May 2011. During this time frame the commission received updates
from representatives of the Recreation Division and the Police Department.
Ms. Elizabeth Varner represents the Recreation Division. She reports of the many activities
offered for the youth of Galesburg. She runs a very full calendar of events geared toward
involving as many participants as possible. The commission is always impressed with her full
array of opportunities for families as well as youth to become involved.
DARE Officer John Woolsey provide updates on all the actions of the DARE programs in the
grade schools. He has been active in nearly all the elementary schools in Galesburg. He
celebrated his 30 years as a police officer in Galesburg and provided job shadowing to a fellow
officer who would take over the program when he retires. In January, 2011 Stephanie Cromien
took over as DARE Officer. We welcome Stephanie aboard and are appreciative of all the hard
work of our dedicated DARE officer, John Woolsey. He will be missed but left a vibrant
program in good hands.
The commission had the chance to welcome guest speakers from the community who shared
information regarding youth programs around the Galesburg area. This provided the
commission with insight into the matters related to youth in our community.
November 12, 2009—Cathy Shenaut presented information on GHS Key Club. Key Club is
sponsored by Galesburg Noon Kiwanis Club. This service organization promotes volunteerism
among its members. The Noon club also sponsors student clubs at Knox College and Churchill
Junior High. This international student led program raises funds for Spastic Paralysis Research.
Galesburg youth have participated in over 20 local projects.
February 11, 2010—A power point presentation with the statistics from the 2006 and 2008
Youth Surveys was presented by Tina Gummerson of Bridgeway. Ms. Gummerson presented
the statistics of Knox County Youth in comparison to the state wide survey. This survey is
conducted every two years for students in 6th, 8th, 10th and 12th grades. The survey included
questions on a variety of subjects such as alcohol, drugs, and inhalants. It also addressed
bullying, family relationships and depression.
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March 11, 2010—Youth Crime Statistics was presented by John Woolsey from the Galesburg
Police Department and by Paula Johnson from Knox County Teen Court. Mr. Woolsey provided
2009 youth crime statistics from various categories. Some of the crimes have increased while
others have decreased. Statistics show that there was increase in battery, assault, theft, missing
persons, drug paraphernalia, alcohol and mob actions related to arrests. Ms. Johnson reposted
that they received 108 teen referrals, 64 teens went to trial and 49 completed their sentences.
Referrals had increased 24% from the previous year.
May 13, 2010-- DARE Officer Woolsey gave us insight into the DARE programs’ many
activities that are ongoing throughout the year. He has attended several DARE graduations.
There is a 3rd grade program held during the day and several after school programs. Galesburg
Police Officers have been job shadowing Officer Woolsey to find interest in taking over the
program in the future. DARE will also hold a summer camp located at the Knox County
Housing Authorities. In June DARE held a Hook a Kid on Golf program. Lockers were
searched at both Junior High Schools. There were no findings of drugs or weapons.
September 9, 2010—Discovery Depot Director Matt Warnsing presented information on
programs available at the museum. Such programs as Stories Alive!, Passport to Kindergarten
and What’s up with… are funded by the Galesburg Community Foundation and are free to the
public. The museum is involved in community events such as First Fridays and the Taste of
Galesburg.
November 3, 2010—Annual Adult Service to Youth Award went this year to Norma Jean
Watley. Ms. Watley has served as a volunteer for Boys and Girls Club daily for the past 4 years
in their after school program. She has provided homemade meals for 160 youth in their after
school program and 100 meals daily in the summer program. Awards are decided upon through
nominations and voting is done by the Commission.
February 10, 2011—The speaker for this month was Ashley German Cooper from the Initiative
for Girls program. Ms. German-Cooper advised that the girls in the program range from 11-17
years of age. They meet bi-weekly on Wednesdays. The program works on building self-esteem
for at-risk girls and deals with many of the issues facing youth in today’s society.
April 14, 2011-- Knox County Regional Office of Education truancy programs is led by Director
of Truancy Lorenzo Pugh. He and Terry Haywood, who is the Academic Coach of Knox
County Academy, presented the commission with information on the progress of KCA students.
Together with Goodwill Industries, incentive programs and mentoring, they offer very structured
programs for at risk students on the edge of not graduating. Mr. Pugh is able to write tickets for
truancy. These tickets are costly to the parents and students.
May 12, 2011—DARE Officer Stephanie Cromien of the Galesburg Police Department provided
the Commission with a report listing the 2010 crimes and arrests. The statistics do not show
much change since 1977 in comparison to arrests. Paula Johnson of Teen Court said that alcohol
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violations are pursued differently i.e. tickets versus state charges. Ms. Johnson presented Teen
Court statistics as well and mentioned that the numbers are similar to last years.
In other business-- the Commission is in the process of launching a Blue Ribbon Program with
the help of District 205. Members of the Commission watched a video showing the positive
effects of recognition and appreciation to those who make a difference in your life.
(www.blueribbonmovie.com) It is felt that this would be well received through the High School
and Junior High. In May, John Rosene, Sandra Masterson and Susan Cunningham met with Joel
Estes to discuss bringing this to the schools. He was in favor and will present the information at
the school board meetings. The DVD’s, Who I am Makes A Difference and the I Make A
Difference wristbands would be purchased by the remaining balance in the Youth Commission
Budget.
The Youth Commission would like to thank Julie Main, Associate City Planner for her hard
work and dedication to make the Commission meetings possible. Her organization and insights
have made meetings go smoothly and productively. We appreciate her positive attitude and
efforts.
We would also like to acknowledge Chairman John Rosene as he retires from the Commission
this year to pursue other interests. John has served the Commission for many years and his input
and dedication has been beneficial to the Youth Commission and the City of Galesburg. We
thank him for his service and wish him well.
The members of the Youth Commission stand ready to fulfill their obligations as outlined in
Special Ordinance 85-291. The commission is appreciated of those in the community who strive
to serve our youth, and to the City Council, Mayor and administration for their efforts to our
youth.
Respectfully Submitted,
Susan Cunningham
City Youth Commission
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11-8017
Accounts Payable
Transactions by Account and Department
User: tmiller
Printed: 09/13/2011 9:12 AM
Batch: 019-09-2011
Check No
Amount PO No
Account Number
Vendor
Description
GL Date
001-0000-10407-00
001-0000-10701-00
Greg Merrill
Gunther Construction Co., I
09/13/2011
09/13/2011
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142.21
750.00
001-0000-10701-00
001-0000-10701-00
NAEIR, Inc.
Telvent DTN
09/13/2011
09/12/2011
0
0
495.00
1,249.50
001-0000-10701-00
001-0000-10701-00
IL Campground Association
Hewlett Packard
09/13/2011
09/13/2011
0
0
550.00
50.49
001-0000-10801-00
001-0000-10801-00
001-0000-10801-00
001-0000-10801-00
001-0000-10801-00
001-0000-10801-00
001-0000-10807-00
001-0000-20102-00
001-0000-33386-00
Louis Lakis Ford, Inc.
Roggenkamp Tire Center, In
Carquest of Galesburg
Napa Auto Parts
Volrath Hardwoods
Ameren Energy Marketing
Kelly Corbin
09/13/2011
09/13/2011
09/12/2011
09/12/2011
09/13/2011
09/13/2011
09/12/2011
09/13/2011
09/13/2011
0
0
0
0
0
0
0
0
0
55.12
320.83
406.00
47.50
4.30
6.29
956.80
17,895.80
10.00
001-0000-33386-00
Jamie Dickerson
09/13/2011
0
200.00
001-0000-33389-00
Hayley Kessler
refund for overpmt on 6/7/11
brick storage rental-3rd pmt 1/126/12
2012 - 4 catalogs
Satellite subcription 9/15/1112/31/11
2012 directory advertising
Hardware Support 1/1/121/31/12
wheel cover stock
2 wheel asy, sensor kit stock
4 tires stock
2 cheng shen smoothie TL 4PR
miniature lamp stock
sig lamp
299 firewood bundles
Jul11
full refund for canc of Treas Hunt
class
full refund-Thurs Softball League
canc
partial refund for rental on 9/3/11
09/13/2011
0
22.50
Subtotal for Division: 0000
001-0105-51000-00
People's Do-It Center
rental-tent/table/chairs WMain
Grndbrkng
09/12/2011
0
AP - Transactions by Account and Department ( 09/13/11 - 9:12 AM)
23,162.34
251.55
251.55
Page 1
Return to Agenda
Account Number
001-0110-61000-00
Vendor
Office Specialists, Inc.
Description
GL Date
Check No
keyboard
09/12/2011
0
001-0145-58000-00
Knox Co Recorders Office
001-0145-58000-00
001-0145-58000-00
001-0145-58000-00
Petentler Investigations
Recording fee - 525 W Grove
demo
summons - TFaulkner
summons- MFaulkner, BBarnsted
summons- NLozano
Rose Morris
001-0160-51500-00
001-0160-55400-00
001-0160-55400-00
001-0160-55400-00
Register Mail, Inc.
First Glass, Inc.
First Glass, Inc.
Hermann & Associates, Llc
001-0160-55400-00
Kendall Zimmerman
001-0160-55400-00
Kendall Zimmerman
001-0160-55400-00
Kendall Zimmerman
001-0160-55400-00
Kendall Zimmerman
001-0160-55400-00
Kendall Zimmerman
001-0160-59516-00
William E Morris
001-0160-59521-00
001-0160-59539-00
Knox County Humane Socie
YMCA
001-0160-59539-00
001-0160-59539-00
YMCA
YMCA
001-0160-64200-00
001-0160-64200-00
001-0160-64200-00
neighborhood organization
&support grant
misc advertising acct #2001304
board up 507 W First St
board up 280 N Cedar St
asbestos abatement project - 11
houses
clean up & tire removal - 372
Day St
removal of trash/debris - 86 S
Arthur
removal of trash/debris - 329 Day
St
removal of trash/debris -314 S
Henderson
removal of pool&mow -1840
Patterson Dr
record meetings-council/plan
comm Aug11
Oct11
1st pmt - YMCA soccer fld
contribution
Annual contribution
Annual cont-less DCarlson stump
remvl
rental-15 sets of chairs/tables
43.79
43.79
09/13/2011
0
40.00
09/12/2011
09/12/2011
09/12/2011
0
0
0
10.00
55.00
45.00
001-0160-51000-00
Amount PO No
150.00
09/13/2011
0
100.00
09/12/2011
09/13/2011
09/13/2011
09/13/2011
0
0
0
0
261.30
215.00
130.00
950.00
09/12/2011
0
180.00
09/12/2011
0
50.00
09/12/2011
0
100.00
09/12/2011
0
50.00
09/12/2011
0
150.00
09/13/2011
0
330.00
09/13/2011
09/12/2011
0
0
19,510.00
25,000.00
09/12/2011
09/12/2011
0
0
25,000.00
-275.00
09/12/2011
09/12/2011
09/12/2011
0
0
0
192.00
64.00
128.00
Page 2
Return to Agenda
Account Number
Vendor
Description
GL Date
Check No
001-0205-51000-00
001-0205-54500-00
City of East Moline
001-0205-54500-00
Gloria Osborn
001-0205-54500-00
Gloria Osborn
Aug11
Finance luncheon - Bobbi &
Gloria
mileage-mtgs in
Moline/E.Moline/RckIslnd
mileage-Finance Dir lunch-E
Moline
Register Mail, Inc.
Treasurer's report acct#2012821
0
0
50.00
26.50
09/12/2011
0
52.17
09/12/2011
0
53.84
09/12/2011
0
001-0305-51500-00
Register Mail, Inc.
09/12/2011
0
001-0306-51500-00
001-0306-51500-00
001-0306-54500-00
001-0306-54500-00
Register Mail, Inc.
Register Mail, Inc.
Petty Cash - City Treasurer
001-0306-54500-00
001-0306-54500-00
001-0306-54500-00
001-0306-54500-00
001-0306-54500-00
001-0306-54500-00
misc advertising acct#100165-10
IEPA-Western Region R.Slagel
ILLOWA - registration fee
DCrose
RSlagel
RElsbury
SGugliotta
Pizza Ranch- food on site review
DCrose
RSlagel
SGugl
72,135.30
09/13/2011
09/13/2011
001-0210-51500-00
Amount PO No
182.51
1,905.15
1,905.15
202.80
202.80
09/12/2011
09/12/2011
09/12/2011
09/12/2011
0
0
0
0
54.60
1,523.62
15.00
15.00
09/12/2011
0
15.00
09/12/2011
0
15.00
09/12/2011
0
15.00
09/12/2011
0
8.71
09/12/2011
0
8.71
09/12/2011
0
8.71
Page 3
Return to Agenda
Account Number
Vendor
Description
GL Date
Check No
001-0307-55700-00
001-0307-57500-00
001-0307-66000-00
001-0307-66000-00
American Pest Control Inc
Aramark Uniform Serv. Inc.
Galesburg Electric, Inc.
Sep11
Aug11
misc supplies
misc supplies
09/13/2011
09/13/2011
09/13/2011
09/13/2011
0
0
0
0
001-0308-55700-00
001-0308-55700-00
001-0308-64000-00
001-0308-66000-00
001-0308-66000-00
001-0308-68500-00
001-0308-68500-00
MSI - Mechanical Service In
United Way of Knox County
Brenntag Mid-South, Inc
Sep11
maint to water heater
8 cases of water
misc supplies
misc supplies
chemicals
drum return
09/13/2011
09/13/2011
09/12/2011
09/13/2011
09/13/2011
09/13/2011
09/13/2011
0
0
0
0
0
0
0
001-0309-55700-00
001-0309-68500-00
Sep11
chemicals
09/13/2011
09/13/2011
0
0
001-0310-55000-00
Illinois ASA
001-0310-64000-00
001-0310-64000-00
Go Van Gogh's
Susie Richardson
001-0310-64000-00
Classic Accents
001-0310-66000-00
001-0310-66000-00
RSC Equipment Rental
Registration for Fall Softball-18
teams
2 polos
creation of 2011 Boat Regatta
trophies
set of slow pitch adult softball
awards
misc supplies
paint
1,679.35
35.00
81.70
101.36
26.16
244.22
25.00
227.17
96.00
36.60
20.50
932.43
-325.00
1,012.70
10.00
85.40
95.40
09/13/2011
0
450.00
09/13/2011
09/12/2011
0
0
29.00
400.00
09/13/2011
0
260.00
09/13/2011
09/12/2011
0
0
118.54
64.56
Amount PO No
1,322.10
Page 4
Return to Agenda
Account Number
001-0311-55700-00
Vendor
Description
GL Date
Check No
Sep11
09/13/2011
0
001-0312-55700-00
001-0312-66000-00
Sep11
lamp
09/13/2011
09/13/2011
0
0
001-0314-51500-00
001-0314-61000-00
001-0314-66000-00
WGIL/WAAG/WLSR, Inc.
Lock & Key Shop
misc radio ads
misc supplies
3 kyes
09/12/2011
09/12/2011
09/13/2011
0
0
0
001-0320-51500-00
001-0320-61000-00
001-0320-61000-00
WGIL/WAAG/WLSR, Inc.
misc radio ads
misc supplies
bookcase
09/12/2011
09/12/2011
09/12/2011
0
0
0
001-0335-55700-00
Lock & Key Shop
001-0335-57500-00
001-0335-57500-00
3 locks, 10 keys, locksmith
service
Sep11
Aug11
001-0405-55500-00
001-0405-55500-00
001-0405-55700-00
001-0405-57500-00
001-0405-57500-00
Reliable
brake line #450
brke shoe, 3 brk hrdwre, 2 brk
wheel#450
brake pad, 2 frctn rdy calipr #450
2 oil seals, 2 brake rotor #450
2 deoderizors
Sep11
Aug11
10.00
10.00
20.00
15.21
35.21
583.32
118.27
5.55
707.14
840.00
108.05
216.89
1,164.94
09/13/2011
0
128.40
09/13/2011
09/13/2011
0
0
15.60
15.60
001-0405-55500-00
001-0405-55500-00
Amount PO No
159.60
09/13/2011
09/13/2011
0
0
4.47
87.32
09/13/2011
09/13/2011
09/12/2011
09/13/2011
09/13/2011
0
0
0
0
0
124.03
81.86
14.50
17.95
17.95
Page 5
Return to Agenda
Account Number
Vendor
Description
GL Date
Check No
001-0410-47100-00
Pekin Insurance Co.
001-0410-51000-00
Initial 2 month premium Sep/Oct
2011
ADM-weigh 1 truck
Nichols Diesel Service, Inc.
Getz Fire Equipment Co., In
Waste Management, Inc.
Fox Portable Restrooms
001-0420-56000-00
001-0420-56000-00
001-0420-56000-00
001-0420-57500-00
001-0420-62500-00
001-0420-62500-00
001-0420-62500-00
Napa Auto Parts
Napa Auto Parts
Napa Auto Parts
001-0420-62510-00
Herr Petroleum Corp
001-0420-63500-00
001-0420-65000-00
001-0420-65000-00
Winfield Solutions, LLC
Lawson Products, Inc.
Lawson Products, Inc.
001-0420-65500-00
001-0420-65500-00
001-0420-66000-00
001-0420-66000-00
001-0420-68500-00
Kaser Power Equipment Inc
Napa Auto Parts
Galesburg Builders Supply, I
Tri-State Water
state/fed tests #504
com & tractor battery #538
annual service
Sep11
Sep11
Aug11
E & W Lake Storey Boat Ramps
2 Regular U
Peck Park
1 Regular Unit
04/01/11 throug
Bersie Williams Area
1 Regular Unit
04/0
Shelter #4
1 Regular Unit
04/01/11 throu
Aug11
1 dr blt tensioner assy #504
oil fltr, 2 fuel fltr, air fltr #507
brake drum,maki pack, adj kit
#503
416 gal diesel/442 gal reg
unleaded
50lbs of seed
return 72 - 6x8 mouse board
72 - 6x8 mouse board, mp
cleaner
misc parts
1 air filter
2 raising rings
misc supplies
misc chemicals
348.08
09/12/2011
0
60.00
09/12/2011
0
20.00
001-0420-55500-00
001-0420-55500-00
001-0420-55700-00
001-0420-55700-00
001-0420-55700-00
001-0420-55700-00
001-0420-56000-00
Amount PO No
80.00
09/13/2011
09/13/2011
09/13/2011
09/13/2011
09/13/2011
09/12/2011
09/13/2011
0
0
0
0
0
0
0
25.50
35.74
606.45
40.00
30.00
1,854.00
120.00 2011-016
09/13/2011
0
60.00 2011-016
09/13/2011
0
60.00 2011-016
09/13/2011
0
60.00 2011-016
09/13/2011
09/13/2011
09/13/2011
09/13/2011
0
0
0
0
31.60
30.69
96.73
75.85
09/13/2011
0
09/12/2011
09/13/2011
09/13/2011
0
0
0
512.00
-128.88
199.26
09/13/2011
09/13/2011
09/13/2011
09/13/2011
09/12/2011
0
0
0
0
0
62.48
5.87
61.40
54.10
80.70
2,933.03 2011-009
Page 6
Return to Agenda
Account Number
Vendor
Description
GL Date
Check No
001-0425-55500-00
001-0425-55500-00
001-0425-56000-00
Altorfer Inc.
Supreme Radio Communicat
svc manual
antenna install #104
Forestry - Pickard Road
1 regular unit
0
09/13/2011
09/12/2011
09/13/2011
0
0
0
001-0440-57500-00
001-0440-57500-00
Sep11
Aug11
09/13/2011
09/13/2011
0
0
001-0445-55500-00
001-0445-55500-00
001-0445-55500-00
001-0445-55500-00
001-0445-57500-00
001-0445-57500-00
001-0445-63000-00
001-0445-63000-00
001-0445-63000-00
001-0445-63000-00
001-0445-63000-00
001-0445-63000-00
Vanguard Reconditioning, L
Snap-on Tool Corp.
Napa Auto Parts
Napa Auto Parts
Napa Auto Parts
2 crctn rdy calipr cores #450
return of 2 crctn rdy calipr cores
#450
repaired holes in 2 trucks
Aug11
Sep11
12 sheet metal srw
4lb clay product
brake retainer spring
white,yllw,blck paint markers
40 sand pad, brk fluid
grease fitting, hose clamp
Telvent DTN
001-0450-55500-00
001-0450-61000-00
001-0450-62500-00
Satellite subcription 9/15/1112/31/11
antenna kit/dash mount install
#101
ink cartridge
step asy #101
6,906.52
201.61
204.16
60.00 2011-016
465.77
13.60
13.60
27.20
09/13/2011
09/13/2011
09/13/2011
0
0
0
25.50
128.00
-128.00
09/12/2011
09/13/2011
09/13/2011
09/13/2011
09/13/2011
09/12/2011
09/13/2011
09/13/2011
09/13/2011
0
0
0
0
0
0
0
0
0
70.00
46.08
46.08
5.28
52.43
21.95
11.37
55.49
14.08
001-0450-55000-00
Amount PO No
348.26
09/12/2011
0
514.50
09/12/2011
0
785.35
09/12/2011
09/13/2011
0
0
30.98
277.78
Page 7
Return to Agenda
Account Number
001-0450-62500-00
001-0450-62500-00
001-0450-62500-00
001-0450-62500-00
001-0450-66000-00
Vendor
Martin Equipment of Illinois
Martin Equipment of Illinois
Napa Auto Parts
Key Equipment & Supply C
Description
GL Date
Check No
2 quick coup, seal kit #139
charge kit #139
2 halogen bulbs
1 hydraulic motor conveyor #118
misc supplies
09/13/2011
09/13/2011
09/13/2011
09/13/2011
09/13/2011
0
0
0
0
0
001-0455-56000-00
Campground - 4 regular units
(04/07/11 t
09/13/2011
0
001-0460-55500-00
001-0460-55700-00
001-0460-55700-00
001-0460-55700-00
001-0460-56500-00
Lock & Key Shop
MSI - Mechanical Service In
Galesburg Sign & Lighting, I
ADM Crop Risk Services
open lock on showcase
misc maint to AC
16 lamps & service to face sign
crop insurance
09/13/2011
09/13/2011
09/13/2011
09/13/2011
09/13/2011
0
0
0
0
0
001-0465-55700-00
001-0465-55700-00
001-0465-55700-00
001-0465-55700-00
001-0465-57500-00
001-0465-57500-00
001-0465-62510-00
Getz Fire Equipment Co., In
Roto-Rooter
Herr Petroleum Corp
001-0465-63500-00
001-0465-63500-00
001-0465-63500-00
001-0465-63500-00
001-0465-65500-00
001-0465-66500-00
J.W. Turf, Inc.
annual service on portable
bulbs
Sep11
jetted 2 lines
Aug11
Aug11
290 gal diesel/263 gal reg
unleaded
50lbs of seed
misc supplies
misc supplies
50lbs seed
misc parts
vise f-series 6"
745.64
547.16
9.18
488.68
468.23
3,867.50
240.00 2011-016
240.00
25.50
60.00
200.50
188.20
1,319.18
1,793.38
09/13/2011
09/13/2011
09/13/2011
09/12/2011
09/13/2011
09/13/2011
09/13/2011
0
0
0
0
0
0
0
50.00
40.20
10.00
351.28
11.50
11.50
1,893.01 2011-012
09/12/2011
09/12/2011
09/12/2011
09/12/2011
09/13/2011
09/13/2011
0
0
0
0
0
0
1,408.00
725.00
287.65
1,408.00
175.82
420.08
Amount PO No
6,792.04
Page 8
Return to Agenda
Account Number
Vendor
001-0510-51000-00
001-0510-51000-00
001-0510-51000-00
Bridgeway Training Services
Hermann & Associates, Llc
Animal Medical Center
001-0510-51000-00
001-0510-51000-00
001-0510-54500-00
Jack P. Ball, Esq.
Brad Cirimotich
001-0510-55500-00
001-0510-55500-00
001-0510-57000-00
001-0510-57500-00
001-0510-61000-00
001-0510-61000-00
001-0510-62500-00
001-0510-62500-00
001-0510-62500-00
001-0510-65500-00
001-0510-67500-00
001-0510-67500-00
Glass Specialty Inc
Miller Dredge Insurance Age
Sew What
Napa Auto Parts
Napa Auto Parts
Gil Hebard Guns
Uniform Den Inc.
Description
GL Date
Check No
138 lbs of shredding
asbestos inspection services
Kelly - annual exam, rabies, dhp,
parvo
Erickson - impound hearing
1 reg unit - Firing Range
reimb for gas -to Festus, MOsheely case
windsheild #6
1 front wheel alignment #21
notary bond renewal - R. Idle
sew name tag on garmet
misc supplies
toner
condenser asy #21
oil filter #6
oil filter #5
stubby antenna
Hume key strap w/flap
5 star peoria pol - DSalter
09/13/2011
09/13/2011
09/13/2011
0
0
0
13.80
517.00
179.64
09/13/2011
09/13/2011
09/13/2011
0
0
0
60.00
60.00
30.00
09/13/2011
09/12/2011
09/13/2011
09/12/2011
09/12/2011
09/12/2011
09/13/2011
09/13/2011
09/13/2011
09/12/2011
09/13/2011
09/12/2011
0
0
0
0
0
0
0
0
0
0
0
0
220.00
70.00
30.00
10.00
361.49
451.45
246.79
4.29
4.29
10.39
8.50
67.85
001-0525-54700-00
Royce Kunkle
transportation costs - Aug11
09/13/2011
0
001-0550-51000-00
Language Line Services
001-0550-55800-00
Hewlett Packard
001-0550-56000-00
Communication Revolving F
over-the-phone interpretation
Aug11
Hardware Support 8/18/111/31/12
leased circuits
Genie Temporary Staffing
Genie Temporary Staffing
Howe Overhead Doors, Inc.
001-0565-57500-00
temp employee 8/15-8/21
temp employee 8/22-8/28
serviced & replaced cables on
west door
Sep11
2,345.49
91.50
91.50
09/13/2011
0
4.27
09/13/2011
0
555.35
09/13/2011
0
439.15
001-0565-51000-00
001-0565-51000-00
001-0565-55500-00
Amount PO No
998.77
09/13/2011
09/13/2011
09/13/2011
0
0
0
354.00
354.00
137.00
09/13/2011
0
31.35
Page 9
Return to Agenda
Account Number
001-0565-57500-00
001-0565-61800-00
Vendor
Description
GL Date
Check No
Aug11
5 stack chairs
09/13/2011
09/12/2011
0
0
001-0605-51000-00
001-0605-61000-00
001-0605-62500-00
001-0605-65500-00
001-0605-65500-00
001-0605-67500-00
OSF Occupational Medicine
Napa Auto Parts
AEC Fire Safety & Security,
AEC Fire Safety & Security,
Uniform Den Inc.
medical survellance/vaccine
misc supplies
oil filter #51
carbon monoxide sensor
oxygen sensor
1 navy pant - TSimkins
09/12/2011
09/12/2011
09/13/2011
09/13/2011
09/13/2011
09/12/2011
0
0
0
0
0
0
Subtotal for Fund: 001
011-0000-55700-00
011-0000-55700-00
011-0000-66000-00
011-0000-66000-00
011-0000-66000-00
A.C. Pavement Striping Co.
Tri City Blacktop, Inc
013-0000-51000-00
013-0000-54500-00
Community Systems Investm
Gary Camarano
013-0000-54500-00
Gary Camarano
013-0000-56000-00
Sustainable Business Center
Patching & Resurfacing
Hawkinson Ave
Los
2011 Microsurfacing Contract
High Performance Patch Mixture
High Performance Patch Mixture
10.01 ton hot mix
Aid in Completing Study Req.
Bus Devl mtg-Fusion Tech,RLily
& BAhee
mileage - bus delv,chmbr after
hrs
Aug11 Lease
Amount PO No
31.35
249.75
1,157.45
45.00
26.47
31.84
200.00
160.25
95.84
559.40
130,485.46
09/13/2011
0
47,542.70 2011-112
09/13/2011
09/13/2011
09/13/2011
09/12/2011
0
0
0
0
200,143.28 2011-110
239.85 2011-004
154.05 2011-004
650.65
248,730.53
248,730.53
09/13/2011
09/13/2011
0
0
9,531.25 2010-192
45.64
09/13/2011
0
22.20
09/12/2011
0
229.00
Page 10
Return to Agenda
Account Number
Vendor
014-0000-51000-00
014-0000-55700-00
014-0000-56000-00
US Sterling Capital Corp., In
014-0000-66000-00
014-0000-66000-00
014-0000-66000-00
014-0000-66000-00
014-0000-66000-00
014-0000-66000-00
014-0000-66000-00
014-0000-66000-00
014-0000-66000-00
014-0000-66500-00
014-0000-78010-00
014-0000-78050-00
014-0000-78070-00
014-0000-83100-00
014-0000-83100-00
Utility Equipment Co., Inc.
Traffic Control Corp., Inc.
RSC Equipment Rental
Bruner, Cooper and Zuck, In
014-0000-83100-00
016-0000-22002-00
Illinois State Police
Description
The Bank of Versailles
W. Main St. Overpass
brick storage rental-3rd pmt 7/1112/11
300 reinf bars & 5 sonneflex
40 reinf bars & 10 expansion j
3 raising rings
CLSM (FLOWABLE FILL)
CITY MIX CONCRETE
CITY MIX CONCRETE
CITY MIX CONCRETE
252 PVC sewer pipe
6 red LED 12" GT1
blade, dia, gold
W Main St Overpass
W Main St Overpass
W Main St. Overpass
W Main St. Overpass
Construction Inspection
W. Main St. Brid
Construction Inspection
W. Main St. Brid
Seizure Funds
GL Date
Check No
9,828.09
9,828.09
09/12/2011
09/13/2011
09/13/2011
0
0
0
09/13/2011
09/13/2011
09/13/2011
09/13/2011
09/13/2011
09/13/2011
09/13/2011
09/12/2011
09/12/2011
09/12/2011
09/13/2011
09/13/2011
09/13/2011
09/13/2011
09/13/2011
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
09/13/2011
0
117.84
1,556.25 2011-123
750.00
151.50
58.90
81.35
109.69
1,810.01
701.38
746.63
1,668.52
390.00
305.00
13,891.17
50,166.03
1,467.91
225,732.95
10,762.01
330,284.21
330,284.21
09/13/2011
0
2011-005
2011-006
2011-006
2011-006
2011-123
2011-123
2011-123
2011-123
2011-134
19,817.07 2011-134
Amount PO No
1,091.00
1,091.00
Page 11
Return to Agenda
Account Number
Vendor
Description
GL Date
Check No
024-0000-51000-00
Patek Hospitality Consultant
024-0000-54500-00
024-0000-54500-00
024-0000-54500-00
024-0000-54500-00
024-0000-55000-00
024-0000-58500-00
Q's Cafe
Soangetaha Country Club
SideTrax
Azer Medical Supply, Inc
Register Mail, Inc.
Bondi Building Corporation
026-0000-51000-00
052-0000-51000-00
059-0000-51000-00
Terracon
Moody's Investors Service
Moody's Investors Service
1st pmt- proposal for hotel devlp
study
breakfast catering - 50% down
awards dinner 10/26
lease facility 10/26 & 10/27
meeting room rental Oct 26 & 27
6 month renewal
deposit & fee - room rental
10/26,10/27
Paintcraft Remedial Observation
2011 Series C Bonds
2011 Series A & B bonds
Amount PO No
1,091.00
09/12/2011
0
2,000.00
09/12/2011
09/12/2011
09/12/2011
09/13/2011
09/12/2011
09/13/2011
0
0
0
0
0
0
1,226.25
250.00
100.00
308.00
82.70
250.00
4,216.95
4,216.95
09/12/2011
0
1,931.85
1,931.85
1,931.85
09/13/2011
0
4,163.50
4,163.50
4,163.50
09/13/2011
0
6,836.50
Page 12
Return to Agenda
Account Number
Vendor
061-0000-15401-00
061-0000-15401-00
061-0000-15501-00
061-0000-15501-00
061-0000-15501-00
Peerless Service Co
Leander Construction, Inc.
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
CLAREN REAL ESTATE L
RUMYANA KOVCHAZOV
LINDA NEAVE
LINDA NEAVE
GRAINSTORE ELEVATO
MELVIN CHANEY
TYRUS KILLE
CANDACE BRUDNICKI
CANDACE BRUDNICKI
CANDACE BRUDNICKI
KNOX COLLEGE
MCS REAL ESTATE LLC
JOHN HEILENER
ALLAN FAUST
STARBUCKS COFFEE
G & M DISTRIBUTORS IN
JACKIE REIMOLDS
EVA BAINBRIDGE
JOYCE THOMPSON / CNT
AMY HOWARD
EQUITY TRUST COMPAN
KELLY LAIRD
EDDIE POWELL
ADAM RICE
ADAM RICE
DAVID DAINS JR
JILL HULS
R CRAIG PARKER
KEIRVAN DAVIDSON
BRADLY HART
Description
W Main St Overpass
Repair Potsdam Well Number 1
Well House # 2 Flood Protection
Well House #3 Flood Proteciton
Cntrl Bldg Flood Prot - change
order
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
GL Date
Check No
Amount PO No
6,836.50
6,836.50
09/13/2011
09/12/2011
09/13/2011
09/13/2011
09/13/2011
0
0
0
0
0
90,827.70
37,296.16
29,038.12
29,038.13
-2,293.54
08/29/2011
08/29/2011
08/29/2011
08/29/2011
08/29/2011
08/29/2011
08/29/2011
08/29/2011
08/29/2011
08/29/2011
08/31/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
60.34
14.38
4.89
80.52
24.41
8.37
68.91
22.49
1.97
5.76
433.95
50.35
54.09
85.32
8.82
67.83
11.27
21.14
51.22
27.15
55.78
71.93
34.43
16.44
14.44
23.76
22.04
7.49
37.99
36.53
2011-123
2011-032
2010-025
2010-025
Page 13
Return to Agenda
Account Number
Vendor
Description
GL Date
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20101-00
061-0000-20102-00
061-0000-20102-00
061-0000-20103-00
DOROTHY JOHNSON
CATHERINE LIKES
VLADIMIR STRUNIN
JEANNIE LAWSON
KEVIN FELTON
LINDA NEWCOMB
GAYLORD HETZ
DONALD BENSON
APRIL KELLY
GREGORY DAVIS
ROSEMARIE LEE
MATTHEW KWACALA
ROBERT ZUCCO
ANDREA SMITH
Ameren Energy Marketing
Peerless Service Co
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/07/2011
09/08/2011
09/08/2011
09/08/2011
09/08/2011
09/08/2011
09/08/2011
09/08/2011
09/13/2011
09/13/2011
09/12/2011
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
061-0000-20103-00
061-0000-51000-00
061-0000-55700-00
061-0000-55700-00
061-0000-55700-00
061-0000-55700-00
061-0000-55700-00
061-0000-55700-00
061-0000-55700-00
061-0000-56000-00
061-0000-66000-00
061-0000-66000-00
061-0000-66000-00
061-0000-68500-00
US Sterling Capital Corp., In
Royal Cleaning Services
Mangieri Electric, Inc
Roto-Rooter
Liqui-Green Lawn & Tree C
Altorfer Inc.
Peerless Service Co
09/13/2011
09/12/2011
09/12/2011
09/12/2011
09/13/2011
09/12/2011
09/13/2011
09/12/2011
09/13/2011
09/13/2011
09/13/2011
09/13/2011
09/12/2011
09/13/2011
0
0
0
0
0
0
0
0
0
0
0
0
0
0
-2,789.13
173.92
14.26
67.75
1,800.00
322.00
1,410.01
568.68
600.00
1,855.00
239.38
263.31
652.00
3,808.50 2011-039
061-0000-68500-00
061-0000-68700-00
HD Supply Waterworks, Ltd
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
Refund check
add'l funds held - legal issue
Jul11
Repair Potsdam Well Number 1retainage
flood protection - retainage
Pinnacle Bank
Sep11
Sep11
survey pt sec - henderson co
Janitorial Services Sep11
rebuild coil on Ranney 300 HP
misc service
15 trees sprayed for needlecast
equipment rental
2.5 yd special patch mix
2.75 yd special patch mix
replace suction manifold
Liquid Chlorine (2011)
as per bid
return of drum
misc supplies
09/13/2011
09/13/2011
0
0
-2,250.00
958.20
067-0000-20101-00
CANDACE BRUDNICKI
Refund check
Check No
Amount PO No
83.31
40.09
16.47
37.99
4.07
94.43
73.29
6.40
4.39
16.64
72.15
62.72
70.53
3.09
-29,002.57
24,848.21
-3,729.62
185,726.05
185,726.05
08/29/2011
0
4.50
Page 14
Return to Agenda
Account Number
067-0000-51500-00
067-0000-59501-00
067-0000-83100-00
073-0000-36997-00
074-0000-58700-00
078-0000-51000-00
078-0000-56531-00
078-0000-56535-00
078-0000-56593-00
078-0000-56593-00
078-0000-56597-00
Vendor
Register Mail, Inc.
Knox Co Landfill
Estate of Gwenlee Teval
St Mary's Medical Center, In
Gallagher Bassett - ACH
Chuck Hay Insurance Agenc
Walgreen Co
Herr Petroleum Corp
State of IL Fire Marshal
Britton Electronic & Automa
Description
GL Date
misc advertising acct#100165-10
Aug11
Sep11- Recycling Money
09/12/2011
09/13/2011
09/12/2011
premium reimbursement Sept11
139 Wellness Profiles 7/19 &
7/28
Sep11
commercial package
work comp rx#0455794
80 gal reg unleaded
boiler inspections
repair actuating valve
Check No
0
0
0
221.22
24,220.20
125.00
24,570.92
24,570.92
09/12/2011
0
315.00
315.00
315.00
09/12/2011
0
4,865.00
4,865.00
4,865.00
09/13/2011
09/13/2011
09/12/2011
09/13/2011
09/12/2011
09/13/2011
0
0
0
0
0
0
Amount PO No
1,270.00
14,017.00
5.86
269.88
300.00
1,056.55
16,919.29
Page 15
Return to Agenda
Account Number
Vendor
Description
GL Date
Check No
091-0000-20102-00
Galesburg Sanitary Dist.
091-0000-22003-00
Galesburg Sanitary Dist.
Sep11 Sanitary Dist Fees-less 3%
coll
Sep11 Sanitary District Fees
Amount PO No
16,919.29
09/13/2011
0
-6,980.90
09/13/2011
0
232,696.61
225,715.71
225,715.71
Report Total:
1,195,680.06
Page 16
Advance Checks and ACH Payments as of 9/13/2011
Date
Check #
Vendor Name
Description
Account #
file 2 water/sewer/refuse liens
061-0000-51000
Return to Agenda
Amount
9/2/2011
76205
52.00
9/2/2011
76205
release 4 water/sewer/refuse l
061-0000-51000
76.00
9/2/2011
76206
Andrew Spataro
Cert FF Academy-meals/trnsp
001-0000-10503
1,446.15
9/2/2011
76207
Kevin Sullivan
Cert FF Academy-meals, trnsp
001-0000-10503
1,446.15
9/9/2011
0
Wells Fargo
8/31/11 Line of Credit Fee
001-0160-51000
1,808.34
9/9/2011
0
Applied Merchant Services
8/11 UB Webpayment Credit C
061-0000-51000
594.78
9/9/2011
0
Wells Fargo Merchant Service
08/11 Credit Card Fees
061-0000-51000
354.74
9/9/2011
0
001-0205-51000
153.61
9/9/2011
0
001-0465-51000
998.90
9/9/2011
0
001-0306-51000
18.11
9/9/2011
0
001-0410-51000
18.10
9/9/2011
0
001-0455-51000
216.81
9/8/2011
76286
IPEA - IL Plumbing Education
CE program on 9/14/11
001-0306-54500
120.00
9/9/2011
0
Ameren IP
Jun11
061-0000-52000
5,546.31
9/9/2011
0
Ameren IP
Jun11
061-0000-52000
6,706.68
9/9/2011
0
Ameren IP
Jun11
001-0000-20102
32,206.77
9/9/2011
0
Ameren IP
Jun11
012-0000-20102
190.42
9/9/2011
0
Consociates-Dansig
EHT#36
074-0000-56503
54,332.93
9/9/2011
0
Consociates-Dansig
EHT#35
074-0000-56503
21,364.11
9/9/2011
0
Consociates-Dansig
EHT#36
073-0000-56503
11,812.62
9/9/2011
0
Consociates-Dansig
EHT#35
073-0000-56503
14,007.52
9/9/2011
0
Consociates-Dansig
EHT#35
074-0000-56505
8,810.77
9/9/2011
0
Consociates-Dansig
EHT#35
073-0000-56505
8,930.89
9/9/2011
0
IMRF
08/11 IMRF Contributions
001-0000-20311
100,538.73
9/9/2011
9/9/2011
0
0
Pitney Bowes Postage by Pho
Eric Hazlett
refill postage meter
station shoes
061-0000-10702
001-0605-67500
5,000.00
$49.49
276,800.93
Return to Agenda
11-1020
CITY OF GALESBURG
COUNCIL LETTER
SEPTEMBER 6, 2011
AGENDA ITEM: Ordinance Authorizing the Issuance of Taxable General Obligation
Refunding Bonds, Series 2011C.
SUMMARY RECOMMENDATION: The City Manager and Director of Finance and
Information Systems recommend approval of the Ordinance Authorizing the Issuance of Taxable
General Obligation Refunding Bonds, Series 2011C.
BACKGROUND: As with the Refunding Series 2011A and Series 2011B, the state of the
economy and the decrease in interest rates has presented the City with the opportunity to save
money by refunding the Taxable General Obligation Series 2003 Bonds. In a refunding debt
issuance, new debt is issued to pay off the old debt. The monies received from the new issuance
are put into an escrow fund and invested until the call dates on the old bonds. The old bonds are
then called and repaid. The redeeming date for the City’s 2003 series will be December 30, 2011
and will be refunded with the Series 2011C bonds. There are “blanks” in the ordinance that
cannot be completed until the bonds are sold. These blanks will be completed prior to the second
reading of the ordinance on September 19, 2011.
The refunding bonds will have a similar amortization schedule (payment schedule) to the
original series being refunded with Series 2011C’s last bond principal and interest payment made
in fiscal year 2023. The refunding series may have a 9 or 9 ½ year call option on outstanding
bonds, starting in year 2021, which should not have an effect on the interest rate or the price and
which will enable the City to refund the remaining bonds in the future if rates decline. If a
shorter call option is requested then that could affect the pricing of the bonds. The series will be
backed by the full faith and guarantee of the City and can be paid with levied property tax dollars
or another source of revenue approved by Council. If there is a sufficient annual revenue source,
other than property tax dollars, then the City can annually abate property taxes on the debt.
BUDGET IMPACT: The City can save approximately $150,000, or a net present value benefit
of 4 percent, in total with the refunding issuance.
SUPPORTING DOCUMENTATION:
1. Ordinance
2. Certification of minutes and agenda
3. 2011 Escrow Deposit Agreement
4. Legal Opinion
___________________________________________________________________________________________________________________________________________________________________________________________
Page 1 of 1
Return to Agenda
ORDINANCE NO. _______________
ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$3,200,000 TAXABLE GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2011C, OF THE CITY OF GALESBURG, ILLINOIS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG,
ILLINOIS, AS FOLLOWS:
Section 1.
Authority and Purpose. This ordinance is adopted pursuant to
Section 6 of Article VII of the Illinois Constitution of 1970 for the purpose of financing the
refunding all or a portion of the $2,910,000 outstanding principal amount of Taxable
General Obligation Bonds, Series 2003, of the City of Galesburg, Illinois (the “City”)
maturing in the years 2012 to 2021, both inclusive, and in the year 2023 (the “2003
Bonds”).
It is found and determined that the refunding of the 2003 Bonds as authorized by
this ordinance is for proper public purposes.
Section 2.
Refunding Plan. The City may determine to refund and redeem all
or a portion of the 2003 Bonds.
The particular 2003 Bonds to be refunded and
redeemed (the “Prior Bonds”) shall be specified in the Bond Order to be executed by the
City Manager. The date of redemption of the Prior Bonds shall be December 30, 2011.
The redemption price of each Prior Bond shall be par.
Return to Agenda
The Mayor, the City Manager and the other officers and officials of the City are
authorized and directed to do, or cause to be done, all things necessary to accomplish
the refunding and redemption of the Prior Bonds.
Section 3.
Authorization and Terms of Bonds. (A) To meet part of the
estimated costs of refunding the Prior Bonds, including the costs of issuance of the
bonds authorized by this paragraph, there is hereby appropriated the sum of
$3,200,000. Pursuant to the home rule powers of the City to issue debt payable from
ad valorem property tax receipts and for the purpose of financing said appropriation,
unlimited tax general obligation bonds of the City are authorized to be issued and sold
in an aggregate principal amount of not to exceed $3,200,000 and shall be designated
“Taxable General Obligation Refunding Bonds, Series 2011C” (the “Bonds”).
The
principal amount of the Bonds to be issued shall be specified in the Bond Order.
(B)
Bonds shall be issuable in the denominations of $5,000 or any integral
multiple thereof and may bear such identifying numbers or letters as shall be useful to
facilitate the registration, transfer and exchange of Bonds. Each Bond delivered upon
the original issuance of the Bonds shall be dated as of the date specified in the Bond
Order. Each Bond thereafter issued upon any transfer, exchange or replacement of
Bonds shall be dated so that no gain or loss of interest shall result from such transfer,
exchange or replacement.
(C)
The Bonds shall mature on December 30 in such years and in such
principal amounts as shall be specified in the Bond Order, provided that no Bond shall
mature later than December 30, 2023.
(D)
Each Bond shall bear interest from its date, computed on the basis of a
360 day year consisting of twelve 30 day months and payable in lawful money of the
-2-
Return to Agenda
United States of America on an initial interest payment date of December 30, 2011 or
June 30, 2012, as determined in the Bond Order, and semiannually thereafter on each
June 30 and December 30 at the rates per annum as shall be specified in the Bond
Order, provided that no Bond shall bear interest at a rate exceeding six percent (6%)
per annum.
(E)
No Bonds shall be sold pursuant to this ordinance unless the sum of (i) the
taxes levied pursuant to Section 9 of this ordinance and (ii) the moneys to be deposited
into the 2011C Debt Service Fund (established by this ordinance) is sufficient to provide
for the punctual payment of the principal of and interest on the Bonds.
(F)
The principal of the Bonds shall be payable in lawful money of the United
States of America upon presentation and surrender thereof at the principal corporate
trust office of Wells Fargo Bank, N.A., in the City of Chicago, Illinois, which is hereby
appointed as bond registrar and paying agent for the Bonds. Interest on the Bonds
shall be payable on each interest payment date to the registered owners of record
thereof appearing on the registration books maintained by the City for such purpose at
the principal corporate trust office of the bond registrar, as of the close of business on
the 15th day of the calendar month of the applicable interest payment date. Interest on
the Bonds shall be paid by check or draft mailed to such registered owners at their
addresses appearing on the registration books or by wire transfer pursuant to an
agreement by and between the City and the registered owner.
(G)
The Bonds may be subject to redemption prior to maturity as determined
in the Bond Order, at the option of the City and upon notice as herein provided, in such
principal amounts and from such maturities as the City shall determine and by lot within
a single maturity, at such redemption prices as determined in the Bond Order and not in
-3-
Return to Agenda
excess of 102% of the principal amount to be redeemed, for such periods of redemption
as determined in the Bond Order.
(H)
Bonds of like maturity may be subject to mandatory redemption, by the
application of sinking fund installments, all as determined in the Bond Order. All Bonds
subject to mandatory sinking fund redemption shall be redeemed at a redemption price
equal to the principal amount thereof to be redeemed. The bond registrar is hereby
authorized and directed to mail notice of the mandatory sinking fund redemption of
Bonds in the manner provided in this section.
(I)
Whenever Bonds subject to mandatory sinking fund redemption are
redeemed at the option of the City, the principal amount thereof so redeemed shall be
credited against the unsatisfied balance of future sinking fund installments or final
maturity amount established with respect to the Bonds, in such amounts and against
such installments or final maturity amount as shall be determined by the City in the
proceedings authorizing such optional redemption or, in the absence of such
determination, shall be credited against the unsatisfied balance of the applicable sinking
fund installments next ensuing, and with respect to which notice of redemption has not
yet been given.
(J)
On or prior to the 60th day preceding any sinking fund installment date, the
City may purchase Bonds subject to mandatory redemption on such sinking fund
installment date, at such prices as the City shall determine. Any Bond so purchased
shall be cancelled and the principal amount thereof so purchased shall be credited
against the unsatisfied balance of the next ensuing sinking fund installment.
(K)
In the event of the redemption of less than all the Bonds of like maturity
and interest rate, the aggregate principal amount thereof to be redeemed shall be
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$5,000 or an integral multiple thereof and the bond registrar shall assign to each Bond
of such maturity and interest rate a distinctive number for each $5,000 principal amount
of such Bond and shall select by lot from the numbers so assigned as many numbers
as, at $5,000 for each number, shall equal the principal amount of such Bonds to be
redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned
numbers so selected; provided that only so much of the principal amount of each Bond
shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected.
(L)
Notice of the redemption of Bonds shall be mailed not less than 30 days
nor more than 60 days prior to the date fixed for such redemption to the registered
owners of Bonds to be redeemed at their last addresses appearing on said registration
books. The Bonds or portions thereof specified in said notice shall become due and
payable at the applicable redemption price on the redemption date therein designated,
and if, on the redemption date, moneys for payment of the redemption price of all the
Bonds or portions thereof to be redeemed, together with interest to the redemption date,
shall be available for such payment on said date, and if notice of redemption shall have
been mailed as aforesaid (and notwithstanding any defect therein or the lack of actual
receipt thereof by any registered owner) then from and after the redemption date
interest on such Bonds or portions thereof shall cease to accrue and become payable.
If there shall be drawn for redemption less than all of a Bond, the City shall execute and
the bond registrar shall authenticate and deliver, upon the surrender of such Bond,
without charge to the owner thereof, for the unredeemed balance of the Bond so
surrendered, Bonds of like maturity and interest rate and of the denomination of $5,000
or any integral multiple thereof.
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(M)
The bond registrar shall not be required to transfer or exchange any Bond
after notice of the redemption of all or a portion thereof has been mailed. The bond
registrar shall not be required to transfer or exchange any Bond during a period of 15
days next preceding the mailing of a notice of redemption which could designate for
redemption all or a portion of such Bond.
Section 4.
Sale and Delivery.
The Bonds are to be sold to Bernardi
Securities, Inc. (the “Underwriter”) at a price of not less than 98% of par. The Official
Statement prepared with respect to the Bonds is approved and “deemed final” as of its
date for purposes of Securities and Exchange Commission Rule 15c2 12 promulgated
under the Securities Exchange Act of 1934.
No Bonds authorized by this ordinance shall be sold unless as a result of
refunding the Prior Bonds, the City will obtain a net present value savings after taking
into account all costs of issuance of the Bonds of not less than 3% of the principal
amount of the Prior Bonds that are refunded. Subject to the limitations contained in this
ordinance, authority is delegated to the City Manager to award the Bonds to the
Underwriter.
In order to enhance the marketability of the Bonds, the City Manager may
determine to purchase from a bond insurance company (the “Bond Insurer”) a municipal
bond insurance policy with respect to the payment of the Bonds.
The sale and award of the Bonds and the determination of the details of the
Bonds shall be evidenced by the Bond Order, which shall be signed by the City
Manager. An executed counterpart of the Bond Order shall be filed with the City Clerk
and entered in the records of the City.
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The Mayor, City Clerk and other officials of the City are authorized and directed
to do and perform, or cause to be done or performed for or on behalf of the City each
and every thing necessary for the issuance of the Bonds, including the proper execution
and delivery of the Bonds, any Bond Purchase Agreement and the Official Statement.
Section 5.
Execution and Authentication. Each Bond shall be executed in
the name of the City by the manual or authorized facsimile signature of its Mayor and
the corporate seal of the City, or a facsimile thereof, shall be thereunto affixed or
otherwise reproduced thereon and attested by the manual or authorized facsimile
signature of its City Clerk.
In case any officer whose signature, or a facsimile of whose signature, shall
appear on any Bond shall cease to hold such office before the issuance of the Bond,
such Bond shall nevertheless be valid and sufficient for all purposes, the same as if the
person whose signature, or a facsimile thereof, appears on such Bond had not ceased
to hold such office. Any Bond may be signed, sealed or attested on behalf of the City
by any person who, on the date of such act, shall hold the proper office, notwithstanding
that at the date of such Bond such person may not have held such office. No recourse
shall be had for the payment of any Bonds against any officer who executes the Bonds.
Each Bond shall bear thereon a certificate of authentication executed manually
by the bond registrar. No Bond shall be entitled to any right or benefit under this
ordinance or shall be valid or obligatory for any purpose until such certificate of
authentication shall have been duly executed by the bond registrar.
Section 6.
Transfer, Exchange and Registry.
The Bonds shall be
negotiable, subject to the provisions for registration of transfer contained herein. Each
Bond shall be transferable only upon the registration books maintained by the City for
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that purpose at the corporate trust office of the bond registrar, by the registered owner
thereof in person or by his attorney duly authorized in writing, upon surrender thereof
together with a written instrument of transfer satisfactory to the bond registrar and duly
executed by the registered owner or his duly authorized attorney. Upon the surrender
for transfer of any such Bond, the City shall execute and the bond registrar shall
authenticate and deliver a new Bond or Bonds registered in the name of the transferee,
of the same aggregate principal amount, maturity and interest rate as the surrendered
Bond. Bonds, upon surrender thereof at the corporate trust office of the bond registrar,
with a written instrument satisfactory to the bond registrar, duly executed by the
registered owner or his attorney duly authorized in writing, may be exchanged for an
equal aggregate principal amount of Bonds of the same maturity and interest rate and of
the denominations of $5,000 or any integral multiple thereof.
For every such exchange or registration of transfer of Bonds, the City or the bond
registrar may make a charge sufficient for the reimbursement of any tax, fee or other
governmental charge required to be paid with respect to such exchange or transfer,
which sum or sums shall be paid by the person requesting such exchange or transfer as
a condition precedent to the exercise of the privilege of making such exchange or
transfer. No other charge shall be made for the privilege of making such transfer or
exchange.
The provisions of the Illinois Bond Replacement Act shall govern the
replacement of lost, destroyed or defaced Bonds.
The City and the bond registrar may deem and treat the person in whose name
any Bond shall be registered upon the registration books as the absolute owner of such
Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment
of, or on account of, the principal of or interest thereon and for all other purposes
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whatsoever, and all such payments so made to any such registered owner or upon his
order shall be valid and effectual to satisfy and discharge the liability upon such Bond to
the extent of the sum or sums so paid, and neither the City nor the bond registrar shall
be affected by any notice to the contrary.
Section 7.
General Obligations.
The full faith and credit of the City are
hereby irrevocably pledged to the punctual payment of the principal of and interest on
the Bonds. The Bonds shall be direct and general obligations of the City, and the City
shall be obligated to levy ad valorem taxes upon all the taxable property in the City for
the payment of the Bonds and the interest thereon, without limitation as to rate or
amount.
Section 8.
Form of Bonds. The Bonds shall be issued as fully registered
bonds and shall be in substantially the following form, the blanks to be appropriately
completed when the Bonds are printed:
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No. ________
United States of America
State of Illinois
County of Knox
CITY OF GALESBURG
TAXABLE GENERAL OBLIGATION REFUNDING BOND,
SERIES 2011C
INTEREST RATE
MATURITY DATE
DATED DATE
CUSIP
. %
December 30, 20__
__________, 2011
______ ___
REGISTERED OWNER:
CEDE & CO.
PRINCIPAL AMOUNT:
The CITY OF GALESBURG, a municipal corporation and a home rule unit of the
State of Illinois situate in the County of Knox, acknowledges itself indebted and for value
received hereby promises to pay to the registered owner of this bond, or registered
assigns, the principal amount specified above on the maturity date specified above, and
to pay interest on such principal amount from the date hereof at the interest rate per
annum specified above, computed on the basis of a 360 day year consisting of twelve
30 day months and payable in lawful money of the United States of America on
_______________ 30, 201__ and semiannually thereafter on June 30 and December
30 in each year until the principal amount shall have been paid, to the registered owner
of record hereof as of the 15th day of the calendar month of such interest payment date,
by wire transfer pursuant to an agreement by and between the City and the registered
owner, or otherwise by check or draft mailed to the registered owner at the address of
such owner appearing on the registration books maintained by the City for such purpose
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at the corporate trust office of Wells Fargo Bank, N.A., in the City of Chicago, Illinois, as
bond registrar or its successor (the “Bond Registrar”). This bond, as to principal when
due, will be payable in lawful money of the United States of America upon presentation
and surrender of this bond at the corporate trust office of the Bond Registrar. The full
faith and credit of the City are irrevocably pledged for the punctual payment of the
principal of and interest on this bond according to its terms.
This bond is one of a series of bonds issued in the aggregate principal amount of
$______,000, which are authorized and issued under and pursuant to Section 6 of
Article VII of the Illinois Constitution of 1970 and under and in accordance with an
ordinance adopted by the City Council of the City on September 19, 2011 and entitled:
“Ordinance Authorizing the Issuance of Not to Exceed $3,200,000 Taxable General
Obligation Refunding Bonds, Series 2011C, of the City of Galesburg, Illinois.”
[The bonds of such series maturing on or after December 30, 20__ are subject to
redemption prior to maturity at the option of the City and upon notice as herein provided,
in such principal amounts and from such maturities as the City shall determine and by
lot within a single maturity, on _______________ 1, 20__ and on any date thereafter, at
a redemption price equal to the principal amount thereof to be redeemed.]
[The bonds of such series maturing in the years 20__, 20__ and 20__ (the “Term
Bonds”) are subject to mandatory redemption, in part and by lot, on December 30 in the
years and in the respective principal amounts set forth in the following tables, by the
application of sinking fund installments, at a redemption price equal to the principal
amount thereof to be redeemed:
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20__ Term Bonds
Year
20__
20__
20__
Principal Amount
20__ Term Bonds
Year
Principal Amount
20__
20__
20__
20__ Term Bonds
Year
Principal Amount
20__
20__
20__
[Notice of the redemption of bonds will be mailed not less than 30 days nor more
than 60 days prior to the date fixed for such redemption to the registered owners of
bonds to be redeemed at their last addresses appearing on such registration books.
The bonds or portions thereof specified in said notice shall become due and payable at
the applicable redemption price on the redemption date therein designated, and if, on
the redemption date, moneys for payment of the redemption price of all the bonds or
portions thereof to be redeemed, together with interest to the redemption date, shall be
available for such payment on said date, and if notice of redemption shall have been
mailed as aforesaid (and notwithstanding any defect therein or the lack of actual receipt
thereof by any registered owner) then from and after the redemption date interest on
such bonds or portions thereof shall cease to accrue and become payable.]
This bond is transferable only upon such registration books by the registered
owner hereof in person, or by his attorney duly authorized in writing, upon surrender
hereof at the corporate trust office of the Bond Registrar together with a written
instrument of transfer satisfactory to the Bond Registrar duly executed by the registered
owner or by his duly authorized attorney, and thereupon a new registered bond or
bonds, in the authorized denominations of $5,000 or any integral multiple thereof and of
the same aggregate principal amount, maturity and interest rate as this bond shall be
issued to the transferee in exchange therefor.
In like manner, this bond may be
exchanged for an equal aggregate principal amount of bonds of the same maturity and
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interest rate and of any of such authorized denominations.
The City or the Bond
Registrar may make a charge sufficient for the reimbursement of any tax, fee or other
governmental charge required to be paid with respect to the transfer or exchange of this
bond.
No other charge shall be made for the privilege of making such transfer or
exchange. The City and the Bond Registrar may treat and consider the person in
whose name this bond is registered as the absolute owner hereof for the purpose of
receiving payment of, or on account of, the principal and interest due hereon and for all
other purposes whatsoever.
This bond shall not be valid or become obligatory for any purpose until the
certificate of authentication hereon shall have been duly executed by the Bond
Registrar.
It is hereby certified, recited and declared that all acts, conditions and things
required to be done, exist and be performed precedent to and in the issuance of this
bond in order to make it a legal, valid and binding obligation of the City have been done,
exist and have been performed in regular and due time, form and manner as required
by law, and that the series of bonds of which this bond is one, together with all other
indebtedness of the City, is within every debt or other limit prescribed by law.
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IN WITNESS WHEREOF, the City of Galesburg has caused this bond to be
executed in its name and on its behalf by the manual or facsimile signature of its Mayor,
and its corporate seal, or a facsimile thereof, to be hereunto affixed or otherwise
reproduced hereon and attested by the manual or facsimile signature of its City Clerk.
Dated: _______________, 2011
CITY OF GALESBURG
________________________________
Mayor
Attest:
________________________________
City Clerk
CERTIFICATE OF AUTHENTICATION
This bond is one of the Taxable General
Obligation Refunding Bonds, Series
2011C, described in the within
mentioned Ordinance.
WELLS FARGO BANK, N.A.,
as Bond Registrar
By ____________________________
Authorized Signer
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ASSIGNMENT
For value received the undersigned sells, assigns and transfers unto _________
_____________________________________________________________________
the within bond and hereby irrevocably constitutes and appoints __________________
_____________________________________________________________________
attorney to transfer the said bond on the books kept for registration thereof, with full
power of substitution in the premises.
Dated ____________________
_______________________________
Signature Guarantee:
_______________________________
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Section 9.
Levy and Extension of Taxes. (A) For the purpose of providing
the money required to pay the interest on the Bonds when and as the same falls due
and to pay and discharge the principal thereof as the same shall mature, there is hereby
levied upon all the taxable property in the City, in each year while any of the Bonds shall
be outstanding, a direct annual tax sufficient for that purpose in addition to all other
taxes, as follows:
Tax Levy Year
A Tax Sufficient to Produce
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
(B)
$332,402.50
333,672.50
334,362.50
329,362.50
333,907.50
332,577.50
335,617.50
332,632.50
333,990.00
334,410.00
339,020.00
342,550.00
Interest or principal coming due at any time when there shall be
insufficient funds on hand to pay the same shall be paid promptly when due from
current funds on hand in advance of the collection of the taxes herein levied; and when
said taxes shall have been collected, reimbursement shall be made to the said funds in
the amounts thus advanced.
(C)
After the sale of the Bonds and the execution of the Bond Order for the
Bonds, an executed copy of the Bond Order and a copy of this ordinance, certified by
the City Clerk, which certificate shall recite that this ordinance has been duly adopted,
shall be filed with the County Clerk of Knox County, Illinois, who is hereby directed to
ascertain the rate per cent required to produce the aggregate tax hereinbefore provided
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to be levied in the years 2011 to 2022, inclusive, and, subject to adjustment as provided
in paragraph (D) of this Section, to extend the same for collection on the tax books in
connection with other taxes levied in said years, in and by the City for general corporate
purposes of the City, and in said years such annual tax shall be levied and collected in
like manner as taxes for general corporate purposes for said years are levied and
collected and, when collected, such taxes shall be used solely for the purpose of paying
the principal of and interest on the Bonds herein authorized as the same become due
and payable.
(D)
In the event that Bonds are to be issued in principal amounts and bearing
interest such that for any tax levy year an amount less than that set forth in paragraph
(A) of this Section is required to be produced to pay when due the principal of and
interest on the Bonds, then the Finance Director is authorized and directed to file with
the County Clerk, on or prior to the date of delivery of the Bonds, a direction for
abatement of taxes specifying the exact amount of taxes to be levied to produce the
required amounts for each of the various tax levy years.
Section 10. Taxes Levied for Payment of Prior Bonds. After the issuance of
the Bonds, the Finance Director shall file with the County Clerk of Knox County a
certificate listing the Prior Bonds and the taxes theretofore levied for the payment of the
principal of and interest on the Prior Bonds and said certificate shall direct the
abatement of such taxes.
Section 11. Escrow Deposit Agreement. The form of Second 2011 Escrow
Deposit Agreement, by and between the City and Wells Fargo Bank, N.A., in the City of
Chicago, Illinois, as Escrow Agent, on file in the office of the City Clerk and presented at
this meeting, is hereby approved. The proper officers of the City are authorized and
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directed to execute and deliver the Second 2011 Escrow Deposit Agreement on behalf
of the City.
Section 12. Application of Bond Proceeds.
The proceeds of sale of the
Bonds shall be deposited as follows:
1.
To the 2011 Escrow Fund maintained under the Second 2011
Escrow Deposit Agreement, the amount, together with any other moneys of the
City deposited therein, necessary to provide for the payment of the interest on
and redemption price of the Prior Bonds.
2.
To the 2011 Expense Fund established by this ordinance, the
amount of such proceeds of sale remaining after making the foregoing deposit.
Section 13. 2011C Debt Service Fund.
Moneys derived from taxes herein
levied for the payment of the principal of and interest on the Bonds are appropriated and
set aside for the purpose of paying principal of and interest on the Bonds when and as
the same come due. All of such moneys, and all other moneys to be used for the
payment of the principal of and interest on the Bonds, shall be deposited in the “2011C
Debt Service Fund”, which is hereby established as a special fund of the City.
The moneys deposited or to be deposited into the 2011C Debt Service Fund,
including the tax receipts derived from the taxes levied pursuant to this ordinance, are
pledged as security for the payment of the principal of and interest on the Bonds. This
pledge is made pursuant to Section 13 of the Local Government Debt Reform Act and
shall be valid and binding from the date of issuance of the Bonds. All such tax receipts
and the moneys held in the 2011C Debt Service Fund shall immediately be subject to
the lien of this pledge without any physical delivery or further act and the lien of such
pledge shall be valid and binding as against all parties having claims of any kind in tort,
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contract or otherwise against the City irrespective of whether such parties have notice
thereof.
Section 14. Expense Fund. The “2011 Expense Fund”, is hereby established
as a special fund of the City. Moneys in the 2011 Expense Fund shall be used for the
payment of costs of issuance of the Bonds, but may hereafter be reappropriated and
used for other purposes if such reappropriation is permitted under Illinois law.
Section 15. Investment Regulations. All income derived from investments in
respect of moneys or securities in any Fund shall be credited in each case to the Fund
in which such moneys or securities are held.
Section 16. Tax Status. The City intends that interest on the Bonds shall be
subject to federal income taxation.
Section 17. Continuing Disclosure. For the benefit of the beneficial owners of
the Bonds, the City covenants and agrees to provide to the Municipal Securities
Rulemaking Board (the “MSRB”) for disclosure on the Electronic Municipal Market
Access (“EMMA”) system, in an electronic format as prescribed by the MSRB, (i) an
annual report containing certain financial information and operating data relating to the
City and (ii) timely notices of the occurrence of certain enumerated events.
All
documents provided to the MSRB shall be accompanied by identifying information as
prescribed by the MSRB.
The annual report shall be provided to the MSRB for disclosure on EMMA within
210 days after the close of the City’s fiscal year. The information to be contained in the
annual report shall consist of the annual audited financial statement of the City and such
additional information as noted in the Official Statement under the caption “Continuing
Disclosure.” Each annual audited financial statement will conform to generally accepted
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accounting principles applicable to governmental units and will be prepared in
accordance with standards of the Governmental Accounting Standards Board. If the
audited financial statement is not available, then an unaudited financial statement shall
be included in the annual report and the audited financial statement shall be provided
promptly after it becomes available.
The City, in a timely manner not in excess of ten business days after the
occurrence of the event, shall provide notice to the MSRB for disclosure on EMMA of
any failure of the City to provide any such annual report within the 210 day period and of
the occurrence of any of the following events with respect to the Bonds: (1) principal
and interest payment delinquencies; (2) non payment related defaults, if material;
(3) unscheduled draws on debt service reserves reflecting financial difficulties;
(4) unscheduled draws on credit enhancements reflecting financial difficulties;
(5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax
opinions, the issuance by the Internal Revenue Service of proposed or final
determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other
material notices or determinations with respect to the tax-exempt status of the Bonds, or
other events affecting the tax-exempt status of the Bonds; (7) modifications to rights of
bondholders, if material; (8) bond calls, if material; (9) defeasances; (10) release,
substitution or sale of property securing repayment of the Bonds, if material; (11) rating
changes; (12) tender offers; (13) bankruptcy, insolvency, receivership or similar event of
the City; (14) the consummation of a merger, consolidation, or acquisition involving the
City or the sale of all or substantially all of the assets of the City, other than in the
ordinary course of business, the entry into a definitive agreement to undertake such an
action or the termination of a definitive agreement relating to any such actions, other
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than pursuant to its terms, if material; and (15) appointment of a successor or additional
trustee or the change of name of a trustee, if material. For the purposes of the event
identified in clause (13), the event is considered to occur when any of the following
occur: the appointment of a receiver, fiscal agent or similar officer for the City in a
proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or
federal law in which a court or governmental authority has assumed jurisdiction over
substantially all of the assets or business of the City, or if such jurisdiction has been
assumed by leaving the existing governing body and officials or officers in possession
but subject to the supervision and orders of a court or governmental authority, or the
entry of an order confirming a plan or reorganization, arrangement or liquidation by a
court or governmental authority having supervision or jurisdiction over substantially all of
the assets or business of the City.
It is found and determined that the City has agreed to the undertakings contained
in this Section in order to assist participating underwriters of the Bonds and brokers,
dealers and municipal securities dealers in complying with Securities and Exchange
Commission Rule 15c2-12(b)(5) promulgated under the Securities Exchange Act of
1934. The Director of Finance or her designee is authorized and directed to do and
perform, or cause to be done or performed, for or on behalf of the City, each and every
thing necessary to accomplish the undertakings of the City contained in this Section for
so long as Rule 15c2-12(b)(5) is applicable to the Bonds and the City remains an
“obligated person” under the Rule with respect to the Bonds.
The undertakings contained in this Section may be amended by the City upon a
change in circumstances that arises from a change in legal requirements, change in
law, or change in the identity, nature or status of the obligated person, or type of
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business conducted, provided that (a) the undertaking, as amended, would have
complied with the requirements of Rule 15c2-12(b)(5) at the time of the primary offering,
after taking into account any amendments or interpretations of the Rule, as well as any
change in circumstances and (b) in the opinion of nationally recognized bond counsel
selected by the City, the amendment does not materially impair the interests of the
beneficial owners of the Bonds.
Section 18. Bond Registrar. The City covenants that it shall at all times retain
a bond registrar with respect to the Bonds, that it will maintain at the designated office of
such bond registrar a place where Bonds may be presented for payment and
registration of transfer or exchange and that it shall require that the bond registrar
maintain proper registration books and perform the other duties and obligations
imposed upon the bond registrar by this ordinance in a manner consistent with the
standards, customs and practices of the municipal securities business.
The bond registrar shall signify its acceptance of the duties and obligations
imposed upon it by this ordinance by executing the certificate of authentication on any
Bond, and by such execution the bond registrar shall be deemed to have certified to the
City that it has all requisite power to accept, and has accepted such duties and
obligations not only with respect to the Bond so authenticated but with respect to all the
Bonds. The bond registrar is the agent of the City and shall not be liable in connection
with the performance of its duties except for its own negligence or default. The bond
registrar shall, however, be responsible for any representation in its certificate of
authentication on the Bonds.
The City may remove the bond registrar at any time. In case at any time the
bond registrar shall resign or shall be removed or shall become incapable of acting, or
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shall be adjudged a bankrupt or insolvent, or if a receiver, liquidator or conservator of
the bond registrar, or of its property, shall be appointed, or if any public officer shall take
charge or control of the bond registrar or of its property or affairs, the City covenants
and agrees that it will thereupon appoint a successor bond registrar. The City shall mail
notice of any such appointment made by it to each registered owner of Bonds within
twenty days after such appointment.
Section 19. Book-Entry System. In order to provide for the initial issuance of
the Bonds in a form that provides for a system of book-entry only transfers, the
ownership of one fully registered Bond for each maturity, in the aggregate principal
amount of such maturity, shall be registered in the name of Cede & Co., as a nominee
of The Depository Trust Company, as securities depository for the Bonds. The Director
of Finance is authorized to execute and deliver on behalf of the City such letters to, or
agreements with, the securities depository as shall be necessary to effectuate such
book-entry system.
In case at any time the securities depository shall resign or shall become
incapable of acting, then the City shall appoint a successor securities depository to
provide a system of book-entry only transfers for the Bonds, by written notice to the
predecessor securities depository directing it to notify its participants (those persons for
whom the securities depository holds securities) of the appointment of a successor
securities depository.
If the system of book-entry only transfers for the Bonds is discontinued, then the
City shall issue and the bond registrar shall authenticate, register and deliver to the
beneficial owners of the Bonds, bond certificates in replacement of such beneficial
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owners’ beneficial interests in the Bonds, all as shown in the records maintained by the
securities depository.
Section 20. Defeasance and Payment of Bonds. (A) If the City shall pay or
cause to be paid to the registered owners of the Bonds, the principal and interest due or
to become due thereon, at the times and in the manner stipulated therein and in this
ordinance, then the pledge of taxes, securities and funds hereby pledged and the
covenants, agreements and other obligations of the City to the registered owners and
the beneficial owners of the Bonds shall be discharged and satisfied.
(B)
Any Bonds or interest installments appertaining thereto, whether at or prior
to the maturity date of such Bonds, shall be deemed to have been paid within the
meaning of paragraph (A) of this Section if there shall have been deposited in trust with
a bank, trust company or national banking association acting as fiduciary for such
purpose either (i) moneys in an amount which shall be sufficient, or (ii) “Federal
Obligations” as defined in paragraph (C) of this Section, the principal of and the interest
on which when due will provide moneys which, together with any moneys on deposit
with such fiduciary at the same time for such purpose, shall be sufficient, to pay when
due the principal of and interest due and to become due on said Bonds on and prior to
the applicable maturity date thereof.
(C)
As used in this Section, the term “Federal Obligations” means (i) non-
callable, direct obligations of the United States of America, (ii) non-callable and nonprepayable, direct obligations of any agency of the United States of America, which are
unconditionally guaranteed by the United States of America as to full and timely
payment of principal and interest, (iii) non-callable, non-prepayable coupons or interest
installments from the securities described in clause (i) or clause (ii) of this paragraph,
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which are stripped pursuant to programs of the Department of the Treasury of the
United States of America, or (iv) coupons or interest installments stripped from bonds of
the Resolution Funding Corporation.
Section 21. Ordinance to Constitute a Contract.
The provisions of this
ordinance shall constitute a contract between the City and the registered owners of the
Bonds.
Any pledge made in this ordinance and the provisions, covenants and
agreements herein set forth to be performed by or on behalf of the City shall be for the
equal benefit, protection and security of the owners of any and all of the Bonds of the
same series. All of the Bonds, regardless of the time or times of their issuance, shall be
of equal rank without preference, priority or distinction of any of the Bonds over any
other thereof except as expressly provided in or pursuant to this ordinance.
This
ordinance shall constitute full authority for the issuance of the Bonds and to the extent
that the provisions of this ordinance conflict with the provisions of any other ordinance
or resolution of the City, the provisions of this ordinance shall control. If any section,
paragraph or provision of this ordinance shall be held to be invalid or unenforceable for
any reason, the invalidity or unenforceability of such section, paragraph or provision
shall not affect any of the remaining provisions of this ordinance.
In this ordinance, reference to an officer of the City includes any person holding
that office on an interim basis and any person delegated the authority to act on behalf of
such officer.
Section 22. Publication. The City Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form and to file copies thereof for public inspection in
her office.
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Section 23. Effective Date.
This ordinance shall become effective upon its
passage and approval.
Passed and adopted this 19th day of September, 2011, by roll call vote as
follows:
Ayes:
List Names
Nays:
Approved: September 19, 2011
________________________________
Mayor
Published in pamphlet form: September 20, 2011
(SEAL)
Attest:
________________________________
City Clerk
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CERTIFICATE
I, Kelli Bennewitz, City Clerk of the City of Galesburg, Illinois, hereby certify that
the foregoing ordinance entitled: “Ordinance Authorizing the Issuance of Not to Exceed
$3,200,000 Taxable General Obligation Refunding Bonds, Series 2011C, of the City of
Galesburg, Illinois,” is a true copy of an original ordinance that was duly passed and
adopted by the recorded affirmative votes of a majority of the members of the City
Council of the City at a meeting thereof that was duly called and held at 7:30 p.m. on
September 19, 2011, in the Council Chambers at City Hall, 55 West Tompkins, and at
which a quorum was present and acting throughout, and that said copy has been
compared by me with the original ordinance signed by the Mayor on September 19,
2011, and thereafter published in pamphlet form on September 20, 2011 and recorded
in the Ordinance Book of the City and that it is a correct transcript thereof and of the
whole of said ordinance, and that said ordinance has not been altered, amended,
repealed or revoked, but is in full force and effect.
I further certify that the agenda for said meeting included the ordinance as a
matter to be considered at the meeting and that said agenda was posted at least
48 hours in advance of the holding of the meeting in the manner required by the Open
Meetings Act, 5 Illinois Compiled Statutes 120.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City, this ________ day of _______________, 2011.
________________________________
City Clerk
(SEAL)
-27CHI02_60904583v1_232002-00018 8/10/2011 5:18 PM
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CERTIFICATION OF MINUTES AND AGENDA
I, KELLI BENNEWITZ, City Clerk of the City of Galesburg, Illinois, hereby
certify that annexed hereto is a copy of the minutes of a regular meeting of the City Council of
the City of Galesburg, Illinois, duly called and held on September 6, 2011, and at which a
quorum was present and acting throughout.
I further certify that I have compared said copy with the original minutes of said
meeting as recorded in the minute book of said City Council and that said copy is a true and
correct copy of the whole of said original minutes.
I further certify that also annexed hereto is a copy of the agenda for said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal
of said City to be affixed, this ________ day of _______________, 2011.
____________________________________
City Clerk
(SEAL)
CHI02_60908919v1_232002-00018 8/26/2011 9:44 AM
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CERTIFICATION OF MINUTES AND AGENDA
I, KELLI BENNEWITZ, City Clerk of the City of Galesburg, Illinois, hereby
certify that annexed hereto is a copy of the minutes of a regular meeting of the City Council of
the City of Galesburg, Illinois, duly called and held on September 19, 2011, and at which a
quorum was present and acting throughout.
I further certify that I have compared said copy with the original minutes of said
meeting as recorded in the minute book of said City Council and that said copy is a true and
correct copy of the whole of said original minutes.
I further certify that also annexed hereto is a copy of the agenda for said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal
of said City to be affixed, this ________ day of _______________, 2011.
____________________________________
City Clerk
(SEAL)
CHI02_60908918v1_232002-00018 8/26/2011 9:44 AM
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SECOND 2011 ESCROW DEPOSIT AGREEMENT
SECOND 2011 ESCROW DEPOSIT AGREEMENT dated as of _____________,
2011, by and between the City of Galesburg (the “City”), a municipal corporation of the State of
Illinois and Wells Fargo Bank, N.A. (the “Escrow Agent”), a national banking association
organized and existing under the laws of the United States and having a corporate trust office in
the City of Chicago, Illinois.
WHEREAS, there are now outstanding and unpaid $2,910,000 aggregate
principal amount of Taxable General Obligation Bonds, Series 2003, of the City (the “Prior
Bonds”), which are more particularly described as follows:
DATED:
REGISTRAR/PAYING AGENT:
PRINCIPAL DUE:
INTEREST DUE:
MATURITIES AND INTEREST RATES:
May 1, 2003
Wells Fargo Bank, N.A.
December 30
June 30 and December 30
Year
Principal Amount
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2023
$180,000
190,000
200,000
205,000
220,000
230,000
245,000
255,000
270,000
285,000
630,000
Interest Rate
4.85%
4.90
5.00
5.10
5.15
5.20
5.30
5.35
5.40
5.40
5.40
WHEREAS, pursuant to a bond ordinance, adopted by the City Council of the
City on September 19, 2011 (the “Bond Ordinance”), the City has authorized the issuance of its
$_____,000 Taxable General Obligation Refunding Bonds, Series 2011C (the “2011 Bonds”) and
part of the proceeds of the 2011 Bonds, will be used to refund the Prior Bonds;
WHEREAS, the City has elected to redeem the Prior Bonds, on December 30,
2011, at a redemption price of par;
WHEREAS, a portion of the proceeds of the 2011 Bonds are to be invested in the
obligations set forth in Schedule A attached hereto so that the maturing principal of and the
interest earned on such obligations, together with other moneys held hereunder, will be sufficient
to pay the redemption price of the Prior Bonds and the interest on the Prior Bonds as the same
shall become due and payable on and prior to the redemption date.
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NOW THEREFORE, in consideration of the foregoing and of the mutual
covenants hereinafter set forth, the parties hereto agree as follows:
1.
There is hereby created and established with the Escrow Agent, a special
and irrevocable escrow fund designated the “Second 2011 Escrow Fund” (the “Escrow Fund”) to
be held in the custody of the Escrow Agent separate and apart from other funds of or held by the
City or the Escrow Agent.
2.
Concurrently with the execution of this Agreement, the City shall pay to
the Escrow Agent for deposit in the Escrow Fund the sum of $_______________ from the
proceeds of sale of the 2011 Bonds and the sum of $_______________ from City funds. Of the
amount paid to the Escrow Agent, $_______________ shall be applied to the purchase of the
United States Treasury obligations listed in Schedule A attached hereto (the “Government
Obligations”) and $_______________ shall be held uninvested in the Escrow Fund. The Escrow
Agent shall deposit all moneys so received from the City in the Escrow Fund and apply such
moneys in accordance with this Section and Section 3 hereof.
3.
The deposit of moneys and Government Obligations in and credited to the
Escrow Fund shall constitute an irrevocable deposit of said moneys and Government Obligations
and the interest earned thereon for the benefit of the owners of the Prior Bonds. The Escrow
Agent shall deposit any proceeds (whether principal, interest or otherwise) derived from the
Government Obligations in the Escrow Fund. The Escrow Agent shall from time to time pay
over the moneys in the Escrow Fund to the paying agent for the Prior Bonds, in an amount
sufficient to pay when due and payable the interest on the Prior Bonds to and including the
redemption date, and the redemption price of the Prior Bonds to be redeemed on the redemption
date. Unexpended balances in the Escrow Fund shall be invested in zero yield United States
Treasury Securities — State and Local Government Series maturing on the next payment date for
the Prior Bonds.
4.
Except as provided herein, the Escrow Agent shall have no power or duty
to invest any moneys held hereunder or to sell, transfer or otherwise dispose of, or to make
substitutions of, the Government Obligations.
The Escrow Agent shall not make substitutions of the Government Obligations
held hereunder or sell, transfer or otherwise dispose of such Government Obligations provided,
however, that:
(a)
At the written request of the City and upon compliance with the conditions
hereinafter stated, the Escrow Agent shall, to the extent from time to time permitted by
law, have the power to sell, transfer, otherwise dispose of or request the redemption of
the Government Obligations acquired hereunder and to substitute therefor other noncallable, direct obligations of the United States of America. The Escrow Agent shall
purchase, at the direction of the City, such substituted Government Obligations with the
proceeds derived from the sale, transfer, disposition or redemption of the Government
Obligations. The substitution of Government Obligations described above may be
effected only if:
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(i)
the Escrow Agent shall receive an opinion of a firm of independent
certified public accountants, that the moneys and Government Obligations,
including the interest to be earned thereon, to be substituted will be no less than
an amount sufficient to pay the redemption price of the Prior Bonds and to pay
interest on the Prior Bonds to the redemption date, upon completion of such
substitutions; and
(ii)
the City shall furnish the Escrow Agent with an unqualified
opinion of nationally recognized attorneys on the subject of municipal bonds to
the effect that the substitution is then permitted by law.
(b)
If any substitution of Government Obligations pursuant to the provisions
of the preceding subparagraph (a) shall, after the satisfaction of all of the conditions set
forth in clauses (i) and (ii) of said subparagraph (a), result in the creation of any surplus
amount in the Escrow Fund that will not, in the opinion of the firm of independent
certified public accountants referred to in clause (i) of said subparagraph (a), thereafter be
required for the payment of the redemption price of, or the interest on, the Prior Bonds, in
accordance with the provisions of this Agreement, the amount of such surplus shall, at the
written request of the City, be transferred to the City.
5.
The City has irrevocably elected to refund and redeem the Prior Bonds as
provided in the Bond Ordinance and this Agreement. The City agrees to file with the paying
agent for the Prior Bonds its irrevocable instructions regarding the redemption of the Prior
Bonds.
6.
The owners of the Prior Bonds shall have an express lien on all moneys
and obligations in the Escrow Fund until paid out and applied in accordance with this
Agreement. The Escrow Agent shall have no lien on the Escrow Fund.
7.
In consideration of all services rendered and to be rendered by the Escrow
Agent under this Agreement, the City will pay the Escrow Agent a fee on the date of issuance of
the 2011 Bonds.
8.
The Escrow Agent may consult with counsel concerning any of its duties
under this Agreement and shall be fully protected in any action taken in good faith in accordance
with such advice. The Escrow Agent shall be indemnified and saved harmless by the City, from
and against any and all liability, including all expenses reasonably incurred in its defense, to
which the Escrow Agent shall be subject by reason of any action taken or omitted or any
investment or disbursement of any part of the Escrow Funds made by the Escrow Agent pursuant
to this Agreement; provided, however, the Escrow Agent shall not be indemnified by the City for
its negligence or willful misconduct. The costs and expenses of enforcing this right of
indemnification shall also be paid by the City. This right of indemnification shall survive the
termination of this Agreement, and the resignation or removal of the Escrow Agent.
9.
The Escrow Agent, acting in good faith and in its sole discretion, may
disregard any and all notices or instructions given by the City or by any other person, firm or
corporation, except (i) notices or instructions specifically provided for under this Agreement and
(ii) orders or process of any court. If any property subject to this Agreement is at any time
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attached, garnished, or levied upon under any court order or in case the payment, assignment,
transfer, conveyance or delivery of any such property shall be stayed or enjoined by any court
order, or in case any order, judgment or decree shall be made or entered by any court affecting
such property or any part thereof, then and in any of such events the Escrow Agent, in its sole
discretion, may rely upon and comply with any such order, writ, judgment, or decree which it is
advised by its legal counsel is binding upon it.
10.
The Escrow Agent shall be responsible in fulfilling its duties under this
Agreement to a standard of care which could fairly be attributable to an experienced corporate
escrow agent. The Escrow Agent shall also be duly protected in relying upon any written notice,
demand, certificate or document which it in good faith believes to be genuine.
11.
This Agreement shall terminate on January 10, 2012. Any moneys and
obligations remaining in the Escrow Fund upon termination of this Agreement shall be
transferred to the City.
12.
If any one or more of the covenants or agreements provided in this
Agreement on the part of the City or the Escrow Agent to be performed should be determined by
a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be
deemed and construed to be severable from the remaining covenants and agreements herein
contained and shall in no way affect the validity of the remaining provisions of this Agreement.
13.
This Agreement is made for the benefit of the City, the Escrow Agent and
the owners from time to time of the Prior Bonds and it shall not be repealed, revoked, altered or
amended without the written consent of all such owners, and the written consent of the Escrow
Agent; provided however, that the City and the Escrow Agent may, without the consent of, or
notice to, such owners, enter into such agreements supplemental to this Agreement as shall not
adversely affect the rights of such owners and as shall not be inconsistent with the terms and
provisions of this Agreement, for any one or more of the following purposes:
(a)
to cure any ambiguity or formal defect or omission in this Agreement; and
(b)
to grant to, or confer upon the Escrow Agent for the benefit of the owners
of the Prior Bonds, any additional rights, remedies, powers or authority that may lawfully
be granted to, or conferred upon, the Escrow Agent.
The Escrow Agent shall be entitled to rely exclusively upon an unqualified
opinion of nationally recognized attorneys on the subject of municipal bonds with respect to
compliance with this Agreement, including the extent, if any, to which any change, modification,
addition or elimination affects the rights of the owners of the Prior Bonds or that any instrument
executed hereunder complies with the conditions and provisions of this Section.
14.
Any notice, authorization, request for consent or demand required or
permitted to be given in accordance with the terms of this Agreement shall be in writing.
15.
This Agreement may be executed in several counterparts, all of which
shall be regarded for all purposes as one original and shall constitute and be but one and the same
instrument.
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IN WITNESS WHEREOF, the parties hereto have each caused this Second 2011
Escrow Deposit Agreement to be executed by their duly authorized officers as of the date first
above written.
CITY OF GALESBURG
By: _________________________________
Mayor
(SEAL)
Attest:
____________________________________
City Clerk
WELLS FARGO BANK, N.A.,
as Escrow Agent
By: _________________________________
Trust Officer
(SEAL)
Attest:
____________________________________
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SCHEDULE A
GOVERNMENT OBLIGATIONS
-6CHI02_60908892v1_232002-00018 8/25/2011 11:05 AM
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_______________, 2011
The City Council of the
City of Galesburg, Illinois
Dear Members:
We have examined a record of proceedings relating to the issuance of
$______,000 principal amount of Taxable General Obligation Refunding Bonds, Series 2011C
(the “Bonds”), of the City of Galesburg, a municipal corporation and a home rule unit of the
State of Illinois. The Bonds are authorized and issued pursuant to the provisions of Section 6 of
Article VII of the Illinois Constitution of 1970 and by virtue of an ordinance adopted by the City
Council of the City on September 19, 2011 and entitled: “Ordinance Authorizing the Issuance of
Not to Exceed $3,200,000 Taxable General Obligation Refunding Bonds, Series 2011C, of the
City of Galesburg, Illinois” (the “Bond Ordinance”).
The Bonds are issuable in the form of fully registered bonds in the denominations
of $5,000 or any integral multiple thereof. Bonds delivered on original issuance are dated
_______________, 2011 and bear interest from their date payable on _______________, 20__
and semiannually thereafter on each June 30 and December 30.
The Bonds mature (without option of prior redemption) on December 30 in each
of the following years in the respective principal amount set opposite each such year in the
following table and the Bonds maturing in each such year bear interest at the respective rate of
interest per annum set forth opposite such year:
Year
20__
20__
20__
20__
20__
20__
20__
20__
20__
20__
Principal Amount
$
,000
,000
,000
,000
,000
,000
,000
,000
,000
,000
Interest Rate
. %
In our opinion, the Bonds are valid and legally binding general obligations of the
City of Galesburg and City is obligated to levy ad valorem taxes upon all the taxable property
within the City for the payment of the Bonds and the interest thereon without limitation as to rate
or amount. However, the enforceability of rights or remedies with respect to the Bonds may be
limited by bankruptcy, insolvency or other laws affecting creditors’ rights and remedies
heretofore or hereafter enacted.
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Interest on the Bonds is not exempt from Federal or Illinois income taxes.
Very truly yours,
LG/be
-2CHI02_60908916v1_232002-00018 8/26/2011 9:44 AM
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11-1021
COUNCIL LETTER
CITY OF GALESBURG
SEPTEMBER 6, 2011
AGENDA ITEM: Ordinance rezoning from R-1B, single family residential, to B-2. General
Business, the property located at 105 Walnut Street.
SUMMARY RECOMMENDATION: The Planning and Zoning Commission held the required
public hearing during their August 30, 2011, meeting. On a vote of five ayes (Members DeRose,
Guenseth, Johnson, Nygard, Spittell), zero nays, and zero abstentions, the Planning and Zoning
Commission recommended approval of the rezoning request. The City Manager and Director of
Community Development concur with this recommendation.
BACKGROUND: Brenda and William Egnlauf, the owners of Chez Willy’s, have proposed to
redevelop the property at 105 Walnut Street. The proposed development would consist of
rehabilitating the former schoolhouse into a restaurant. The existing structure has been vacant for a
number of years.
The property is currently zoned R-1B, single family, residential. A restaurant cannot be developed in
the R-1B zoning district. Restaurants without drive-through facilities are allowed as permissive uses
in the B-1, neighborhood business, zoning district and the B-2, general business, zoning district.
Restaurants with drive-through facilities are allowed as conditional uses in the B-1 and B-2 zoning
districts. The condition is the developer must comply with the drive-through requirements
established in Section 1-7.2(j) of the Development Ordinance. This includes site plan review of the
drive-through facilities by the Planning and Zoning Commission.
Areas immediately east, north and west of the site are zoned R-1B, single family residential.
Properties southeast, south and southwest are zoned B-2, general business. There is a mixture of
existing land uses. The areas east, north and west of the site consist of single family residences and
vacant parcels. Immediately south of the site across Erickson Avenue is a gas station/convenience
store. Southeast of the site across Erickson Avenue is the Welcome Center. Southwest of the site
across Walnut Street is a restaurant.
A copy of the Future Land Use Map from the Comprehensive Plan is attached. The map designates
the rezoning site as commercial. Also attached is a copy of the East Main Street Corridor Plan Map
from the Comprehensive Plan. The area where the proposing rezoning site is located is shown as a
redevelopment site. A table of East Main Street Redevelopment Sites is also attached. The table
lists a restaurant as one of the proposed uses for the rezoning site.
The rezoning site is located within the City Tax Increment Financing District No. 2 (TIF II). The
updated TIF II redevelopment plan includes a General Land Use Plan and a Property Acquisition
Map. Copies of both of these are attached. The General Land Use Plan designates the rezoning site
as general commercial/office. The Property Acquisition Map designates the rezoning site as yet to be
acquired/redeveloped. This area north of East Main Street is considered the TIF II Phase II
________________________________________________________________________________________________________________________________________________________________________________________
Page 1 of 2
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acquisition area. The purpose of this Phase II area is to allow for the redevelopment of the area as
commercial.
BUDGET IMPACT: There is no anticipated impact upon the budget.
1.
Ordinance.
2.
Zoning map amendment application.
3.
Zoning map.
4.
Legal notice.
5.
Future land use map.
6.
Main Street/Downtown Corridor Plan.
7.
TIF II General Land Use Plan.
8.
TIF II Property Acquisition Map.
________________________________________________________________________________________________________________________________________________________________________________________
Page 2 of 2
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ORDINANCE NO. ______________
WHEREAS, pursuant to a public hearing duly held as required by law, the Planning and
Zoning Commission of the City of Galesburg, Illinois, has reported on a proposition to amend the
Zoning Map of said City as hereinafter set forth:
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GALESBURG, KNOX COUNTY, ILLINOIS:
SECTION 1 The following described real estate be, and the same hereby is, rezoned from
Residential R-1B District to Business B2 District:
Lots 23, 24 and 25 in Block 2 of Washington Addition to the City of Galesburg,
Knox County, Illinois, as per Plat recorded in Deed Record 128, Page 633.
SECTION 2 The Zoning Map of the City of Galesburg be, and the same hereby is, changed
in accordance with the provisions hereof.
SECTION 3 All ordinances, or part of ordinances, in conflict herewith are, to the extent of
such conflict, hereby repealed.
SECTION 4 This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
Roll Call #: ___________________________________________________________________
Ayes:
Nays: ________________________________________________________________________
Absent:
ATTEST:
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11-1024
COUNCIL LETTER
CITY OF GALESBURG
SEPTEMBER 19, 2011
AGENDA ITEM: Ordinance to provide for an amendment to an existing Site Lease Agreement
for an area of approximately 5,625 square feet of municipal property in Kiwanis Park for use as a
telecommunications tower site.
SUMMARY RECOMMENDATION: The City Manager and Director of Community
Development recommend approval.
BACKGROUND: The City currently leases a piece of property in Kiwanis Park to Global
Tower Partners (GTP) which contains their telecommunications tower. The Site Lease agreement
for the Kiwanis Park tower began August 1, 1999 with an initial term of 5 years and 3 automatic
5 year extensions (July 31, 2019). The tower owner has stated it is difficult to attract additional
co-locating antennas with such a short time period left. GTP contacted the City stating they
would like to continue the excellent working relationship we have had over the years and
requested the lease term be extended an additional 20 years to July 31, 2039.
The City collects a monthly rent payment for the tower and we also receive additional rents for
each co-located antenna from other telecommunication companies that install their equipment on
the tower. The tower rent increases 4 percent annually and each of the co-locates increase 3
percent annually on the anniversary date in which each respective agreement was signed. As of
today, the monthly amount we receive for the tower and co-locates is $4,008.52. Of this amount,
$1,280.83 is from the tower rent alone.
Staff contacted other communities (Pekin, Peoria and Moline responded) to compare lease terms
and found extensions ranged from a low of 20 years to a high of 30 years.
The projected tower rent (not including co-locates) we will receive in July 2019 is $1,685.48. If
we extend the site lease agreement, GTP is proposing to pay $1,900 per month beginning in
August 2019 (which is about a 13 percent increase from the previous month) with annual
increases of 4 percent. Staff contacted other communities (Pekin, Peoria, Moline and Peru
responded) to compare lease fees and found tower rent fees as low as $450 per month and as
high as $1,200 per month. Only one other community also received additional lease fees for colocated antenna.
GTP drafted the attached Renewal Amendment for consideration.
BUDGET IMPACT: If the site lease agreement is extended the City has the potential to
continue to receive lease fees through 2039. The lease extension also increases the potential to
receive additional monthly fees for any additional co-locates that may be added in future years.
1. Ordinance
2. Aerial
3. Renewal Amendment
4. Existing Site Lease Agreement
___________________________________________________________________________________________________________________________________________________________________________________________
Page 1 of 1
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ORDINANCE NO. _________________
WHEREAS, the corporate authorities of the City of Galesburg entered into a Site Lease
Agreement with Illinois PCS on July 19, 1999, providing for the lease of approximately 5625
square feet of municipal property in Kiwanis Park for use as a telecommunications tower site
subject to the terms and conditions contained in said Lease; and
WHEREAS, said Lease had an original term of five years, and included options at
Lessee’s discretion to extend the Lease for three additional five year terms; and
WHEREAS, GTP Acquisition Partners II, LLC, as successor to Illinois PCS has
requested that the Lease be amended by granting the Lessee the right to extend the Lease for four
additional five year terms;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GALESBURG, ILLINOIS, AS FOLLOWS:
SECTION 1 That the First Amendment to Site Lease Agreement dated July 19, 1999, a
true copy of which is attached hereto and incorporated by reference be approved.
SECTION 2 That the Mayor and City Clerk are hereby authorized and directed to
execute and attest, respectively, said First Amendment to Site Lease Agreement on behalf of the
City of Galesburg.
SECTION 3 All ordinances, or parts of ordinances, in conflict with this ordinance are,
to the extent of such conflict, hereby repealed.
SECTION 4 This ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
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Roll Call #:
Ayes:
Nays:
Absent:
ATTEST:
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75
0
a te
R
74
74 R
Low Density Residential
34
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a
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am
Michigan Ave
t
ers
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ta te
Kiwanis Park
Adams St
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150
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Community Development Department
Operating Under Council-Manager Government Since 1957
Existing Telecommunication
Site Lease Area
Knox Road 500E
CITY OF GALESBURG
§
¦
¨
74
General Location
74
§
¦
¨
Commercial
E South St
Commercial
The information included in this map is intended to be advisory only and is NOT designed or intended to be used as
a substitute for an accurate field survey, as performed by a Registered Land Surveyor, to determine precise property location
Approximate Lease Area
and Access Easement
Imagery date: 2010
Division 305 created September 6, 2011
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11-1025
COUNCIL LETTER
CITY OF GALESBURG
SEPTEMBER 19, 2011
AGENDA ITEM: Ordinance approving the adoption of an Anti-Graffiti Ordinance.
SUMMARY RECOMMENDATION: Staff recommends approval of the Anti-Graffiti
Ordinance.
BACKGROUND: Graffiti has become a significant nuisance problem in the City. Adoption of
this Ordinance will provide additional enforcement tools to protect public and private property
from acts of graffiti vandalism and defacement. Graffiti is a public nuisance and destructive of
the rights and values of property owners as well as the entire community. Unless the City acts to
remove graffiti from public and private property, the graffiti tends to remain. In addition, other
properties become the target of graffiti and entire neighborhoods are affected. As a result, they
become less desirable places in which to live. Enacting this ordinance will help reduce the spread
of graffiti and to establish a program for the removal of graffiti from public and private property.
A Graffiti ordinance was originally considered by Council at their August 1 meeting. Based on
concerns that version was not approved. A revised draft is now presented which incorporates
previous input provided.
Key elements of the ordinance include:
1. Makes unauthorized application of graffiti and failure to remove graffiti from property
within a reasonable time a violation.
2. Provides for a removal and abatement procedure.
3. Clarifies right of City to remove graffiti and outlines a process for providing notice.
4. Specifies fines and circumstances where community service and restitution may be
required.
5. Provisions for youthful offenders
BUDGET IMPACT: No significant budgetary impacts are anticipated.
1. Ordinance
___________________________________________________________________________________________________________________________________________________________________________________________
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ORDINANCE NO.____________
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG,
ILLINOIS, AS FOLLOWS:
SECTION ONE:
That Chapter 17 of the Galesburg Municipal Code be, and the
same hereby is, amended by adding:
ARTICLE III. ANTI-GRAFFITI ORDINANCE
Sec. 17-31.
LEGISLATIVE FINDINGS.
The City Council of the City of Galesburg, pursuant to its home rule powers, is
enacting this ordinance to help reduce the spread of graffiti and to establish a program for the
removal of graffiti from public and private property.
The Council finds that graffiti is a public nuisance and destructive of the rights and
values of property owners as well as the entire community. Unless the City acts to remove
graffiti from public and private property, the graffiti tends to remain. In addition, other
properties become the target of graffiti and entire neighborhoods are affected. As a result,
they become less desirable places in which to live.
The City Council intends, through the adoption of this Ordinance, to provide
additional enforcement tools to protect public and private property from acts of graffiti
vandalism and defacement.
Sec. 17-32.
GRAFFITI DEFINITION.
"Graffiti" means any unauthorized inscription, word, figure, painting or other
defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or
otherwise affixed to any surface of public or private property.
Sec. 17-33.
GRAFFITI PROHIBITED.
(a)
The existence of graffiti on public, or private property which is viewable from a
public or quasi-public place, is in violation of this ordinance and is expressly declared to be
a public nuisance.
Therefore, it is subject to removal and the abatement provisions
specified in this ordinance. It is the duty of the property owners to at all times keep their
property clear of graffiti.
___________________________________________________________________________________________________________________________________________________________________________________________
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(b)
Exception.
This article does not apply to the following: temporary, easily
removable chalk or other water soluble markings on private property used for traditional
children's activities or in connection with any lawful business or public purpose or activity; or on
any mobile or transitory vehicle unless a complaint is filed by the owner.
Sec. 17-34.
REMOVAL OF GRAFFITI.
(a)
Removal by the Perpetrator. Any person applying graffiti on public, or private
property shall have the duty to remove the graffiti within three (3) days after receipt of notice
by the City or the owner of the property involved. If the perpetrator fails to remove it, the
perpetrator shall be responsible for the cost of the removal. Failure of the perpetrator to
remove graffiti, or pay for its removal, shall constitute a violation of this Ordinance. When
graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be
responsible for such removal or for the payment for the removal.
(b)
Voluntary removal by City. A property owner may request removal by the City.
Voluntary removal by the City requires the availability of volunteer resources, and a signed
waiver of liability from the property owner.
Sec. 17-35.
RIGHT OF CITY TO REMOVE GRAFFITI.
(a)
It is unlawful for any person who is the owner or who has primary responsibility
for control of property or for repair or maintenance of property in the City to permit property that
is defaced with graffiti to remain defaced for a period of ten (10) days after service by first class
mail of notice of the defacement. The notice shall contain the following information:
(1)
The street address and legal description of the property sufficient for
identification of the property;
(2)
A statement that the property is a potential graffiti nuisance property with
a concise description of the conditions leading to the finding;
(3)
A statement that the graffiti must be removed within ten (10) days after
receipt of the notice and that if the graffiti is not abated within that time the City
will declare the property to be a public nuisance, subject to the abatement
procedures in City Code; and
(4)
An information sheet identifying any graffiti removal assistance programs
available through the City and private graffiti removal contractors.
(b)
If a property owner fails to remove the graffiti, the City may remove it
pursuant to 65 ILCS 5/11-20-13
Sec. 17-36.
FINE.
(a).
Fines. Any person violating this Ordinance shall be punished by a minimum fine
of two hundred and fifty dollars ($250.00) for the first offense; five hundred dollars ($500.00)
for the second offense; and one-thousand dollars ($1,000.00) for each subsequent offense.
___________________________________________________________________________________________________________________________________________________________________________________________
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(b)
Restitution. In addition to any punishment specified in this Section, the court may
order any violator to make restitution to the victim for damages or loss caused directly or
indirectly by the violator's offense in the amount or manner determined by the court. In the case
of a minor, the parents or legal guardian may be ordered jointly and severally liable with the
minor to make the restitution.
(c)
Community Service. In lieu of, or as part of, the penalties specified in this
Section, a minor may be required to perform community service as described by the court or by
teen court as applicable. The minor shall perform at least thirty (30) hours of community service.
Reasonable effort shall be made to assign the minor to a type of community service that is
reasonably expected to have the most rehabilitative effect on the minor, including community
service that involves graffiti removal.
(d)
Teen Court. At the discretion of the City, youthful offenders may be referred to
teen court as an alternative to the penalties referenced.
SECTION TWO: All ordinances or parts of ordinances, in conflict with this
ordinance are, to the extent of such conflict, hereby repealed.
SECTION THREE: This ordinance shall be in full force and effect from and after its
passage, approval and publication as provided by law.
Approved this ____ day of _________________, 20____, by a roll call vote as follows:
Roll Call #:_________________
Ayes:_______________________________________________________________________
Nays:_______________________________________________________________________
Absent:_____________________________________________________________________
_______________________________________
ATTEST:
___________________________________
___________________________________________________________________________________________________________________________________________________________________________________________
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11-3041
COUNCIL LETTER
CITY OF GALESBURG
SEPTEMBER 19, 2011
AGENDA ITEM:
Approval of bid for purchase of truck for Water Division.
SUMMARY RECOMMENDATION: The City Manager, Public Works Director, Water
Superintendent, and Purchasing Agent recommend that the City Council approve the bid from
Lakis Ford in the amount of $35,966 for the purchase of a 2012 Ford F350 for the Water
Division
BACKGROUND: The Water Division currently utilizes a 2000 Ford F350 one ton truck as a
part of daily operations in Galesburg. This unit is scheduled for replacement this year.
Specifications for the new unit in Galesburg were developed and then advertised in the
Galesburg Register Mail as well as being made available online and provided to twenty-seven
vendors that either provide the truck units themselves or the body for the truck. As a part of this
bid request, the City requested bids for the truck and also a snow plow option. A full tabulation
of the bids received is attached. After receipt of bids, it was decided the snow plow option
would not be considered due to budgetary constraints.
Further, in reviewing the operations of the Water Division, staff has requested that the 2000 unit
be transferred to the Oquawka Water Plant for use rather than be traded in as a part of this
purchase. The three staff in Oquawka currently utilize a 1999 Ford Ranger that was a hand me
down from the department a number of years ago. The existing Ranger is in poor shape and does
not serve the plant well given the terrain that is covered between the new plant and the existing
wells. The heavier duty F350 unit (2000 model) would serve the Oquawka Water Plant well for
years to come as it would be able to maneuver the terrain better due to frequent flooding on
access roads. Further, the unit will be able to better handle hauling river debris, tress, rock and
sand. Currently, a truck has to be driven from Galesburg to handle this workload. If approved,
the existing 1999 Ranger would be included in the City Auction in 2012.
The low and best bid for this purchase was submitted by Lakis Ford for the purchase of a 2012
Ford F350 with Knapheide body in the amount of $35,966. The bid submitted met the minimum
specifications and offers a full warranty on the unit for 3 years or 36,000 miles and a Powertrain
warranty of five years or 60,000 miles.
BUDGET IMPACT: There are sufficient funds budgeted in the Water Department budget for
this planned purchase.
1. Vendors contacted/requesting bids
2. Tabulation of Bid
___________________________________________________________________________________________________________________________________________________________________________________________
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Vendors contacted/requesting bids
RFB for Water Division Truck #168
Company
Address
City
State
Badger Truck Center
2326 W St. Paul Ave
Milwaukee
WI
Bill Jacobs Jokiet
2001 W Jefferson St
Joliet
IL
Bob Ridings, Inc
931 W Springfield Rd
Taylorville
IL
Bruce Foote Chevrolet-Oldsmobile
1349 S Main St
Monmouth
IL
Centre State International Trucks, Inc
PO BOX 546
W Burlington
IA
Courtesy Ford
3921 West River Dr
Davenport
IA
Crossroads Sterling Truck Sales
3441 Gatlin Dr
Springfield
IL
Dave Gill Trucks
3901 N Main St
E Peoria
IL
Galesburg Lincoln Mercury
120 N Broad St
Galesburg
IL
Galesburg Toyota Honda
2080 N Henderson St
Galesburg
IL
Gem City Ford
5101 Broadway
Quincy
IL
Hawkeye Truck & Trailer
23906 Moline Rd
Sterling
IL
Knapheide Truck Equipment Center
PO BOX 290
Quincy
IL
Koenig Body & Equipment, Inc
2601 5th Street
Rock Island
IL
Lakis Ford Dodge
2201 W Main St
Galesburg
IL
Landmark Ford Inc
2401 Prairie Crossing Dr
Springfield
IL
Miles Chevrolet Nissan GMAC
BOX 3160
Decatur
IL
Monroe Truck Equipment
1051 W Seventh St
Monroe
WI
Morrow Brothers Ford Inc
RR2 BOX 120
Greenfield
IL
Morton Body and Equipment, Inc
4001 W Jackson St
Morton
IL
Prairie Archway International
808 W Bradley
Champaign
IL
Quad City Kenworth
3600 78th Ave West
Rock Island
IL
Quality Truck & Equipment Company
1201 E Bell St
Bloomington
IL
River City Ford Truck Sales, Inc
3921 W River Dr
Davenport
IA
Truck Country of Iowa
2350 W 76th St
Davenport
IA
Wight Chevrolet Co
PO BOX 207
Williamsfield
IL
Yemm Chevrolet, Inc
2195 N Henderson St
Galesburg
IL
___________________________________________________________________________________________________________________________________________________________________________________________
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CITY OF GALESBURG
Finance
Operating Under Council – Manager Government Since 1957
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Tabulation of bids
Bid Results for Water Truck #168
Date:
8/26/2011
Yemm
Chevrolet
Galesburg, IL
Lakis Ford
Galesburg, IL
Badger Truck
Center
Milwaukee, WI
Bill Jacobs
Joliet, IL
Courtesy Ford
Davenport, IA
Wight Chevy
Williamsfield, IL
Gem City
Ford
Quincy, IL
Landmark Ford
Springfield, IL
Truck
$38,817.55
$35,966.00
$37,739.00
$39,349.79
$36,427.00
$39,440.00
$35,998.00
$36,244.00
Snow Plow Option
$5,325.00
$5,335.00
$5,455.00
$5,100.00
$5,335.00
$4,836.00
$5,335.00
$5,635.00
$44,142.55
$41,301.00
Best Bid
$43,194.00
$44,449.79
$41,762.00
$44,276.00
$41,333.00
$41,879.00
Make
2012 Chevy
2012 Ford
2012 Ford
2012 Chevy
2012 Ford
2012 Chevy
2012 Ford
2012 Ford
Model
CK31003
F350
F350
CK31003
F350
CK31003
F350
F350
Body
Knapheide
Knapheide
American
Rugby
Knapheide
Monroe
Knapheide
Knapheide
Warranty Full
3yr/36,000
3yr/36,000
3yr/36,000
3yr/36,000
3yr/36,000
3yr/36,000
3yr/36,000
3yr/36,000
Warranty Powertrain
5yr/100,000
5yr/60,000
5yr/60,000
5yr/100,000
5yr/60,000
5yr/100,000
5yr/60,000
5yr/100,000
Company
City, State
Net Cost to City
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
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11-3042
COUNCIL LETTER
CITY OF GALESBURG
SEPTEMBER 19, 2011
AGENDA ITEM: Proposal recommendation, painting two buildings at Water Division.
SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, Water
Superintendent, and Purchasing Agent recommend that the City Council award the painting of
two buildings at the Water Division in the amount of $17,950 to Builders Sales & Service Co.
BACKGROUND: The Galesburg Water Division has two buildings that are in need of external
painting. The main plant building has not been painted in ten years and is need of sandblasting
and painting. The supplemental well building was last painted in the 1980’s and is also in need
of repair and painting. Specifications were developed based on quotes for this work that the
division had received in the past from vendors. This work will include surface preparation for
both concrete and steel surfaces as primer and top coat paint.
In addition to being advertised in the Galesburg Register-Mail, a bid request for this work was
made available to fifteen vendors. Four vendors responded to this bid request. Galesburg Paint
& Restore submitted the low bid in the amount of $14,500 for this work. However, the vendor
made a stipulation in his bid that the work would not be performed until Spring 2012.
After the bid opening, City Staff met with this vendor to discuss the project and concerns about
completing the project in 2011 as intended. During the conversation it was learned that the
vendor is a one man operation and he already has commitments to complete other projects at this
time. These commitments would not allow for him to begin this project until sometime in
October 2011 and the vendor admitted that the October 2011 timeframe was a soft date.
As the paint that will be utilized on this project is not guaranteed at temperatures of forty degrees
or less and the fact that temperatures generally become unstable by mid-October, City Staff
would recommend going with the next bid to ensure the project is completed as planned to
minimize any addition structural damage that might occur by leaving the buildings unprotected
for another winter season. It should be noted in the past year that notable rust buildup has
occurred on the stairwells that are included as a part of this painting project.
Given the above information, the low and best bid submitted for this project is from Builders
Sales & Service Company. They have submitted a bid in the amount of $17,950 to complete this
project. They will be able to begin this project within two days of approval and have indicated
that the project will take twelve to fifteen working days to complete. The City has had a good
working relationship with this vendor. They completed a painting project for the Water Division
two years ago in a very professional and efficient manner.
BUDGET IMPACT: The Water Division has sufficient funds available to complete this
project.
___________________________________________________________________________________________________________________________________________________________________________________________
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1. Bid Tabulation
2. Vendors Receiving Packets
RFB for painting at Water Plant
Company
Bill Burford
Builders Sales and Service Company
Clark Painting
Duane Saska Painting & Decorating
Freedom Valley Contractors
Galesburg Paint & Restore
Hall Painting & Decorating
Hanz Coatings, Inc
International Decorators, Inc
Johnson Painting
Midwest Painting & Wallpapering
Pure Painting, Inc
Spectrum Painting
Thompson Brothers Painting
W.F. Scott Decorating, Inc
Address
1055 N West St
202 34th St
1115 E Calhoun
907 W 6th Ave
895 200th Ave
609 S Market St
129 Fulton
330 N 7th St
28059 Commercial Ave
PO BOX 29
PO BOX 101
1415 Fair Oaks Ave
324 North Fifth St
960 105th Ave
2201 - 3rd Ave
City
Galesburg
Moline
Macomb
Monmouth
Monmouth
Knoxville
Galesburg
Hamilton
Barrington
Galesburg
Knoxville
Peoria
Monmouth
Berwick
Rock Island
State
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
Bid Results for painting at West Main Street Plant
Vendor
Galesburg Paint
& Restoration
Builders
Sales &
Service Co.
International
Decorators
9/8/2011
W.F. Scott
Decorating,
Inc
Knoxville, IL
Moline, IL
Barrington, IL
Rock Island, IL
Low and
best bid
Supplemental Well Building
$ 8,000.00
$ 7,050.00
$ 8,952.00
$ 8,800.00
Main Plant Building
$ 6,500.00
$ 10,900.00
$ 13,678.00
$ 9,200.00
Total Cost:
$ 14,500.00
$ 17,950.00
$ 22,630.00
$18,000.00
Start Date:
Spring 2012
2 days from
notice to
proceed
7 days from
notice to
proceed
1 day from
notice to
proceed
___________________________________________________________________________________________________________________________________________________________________________________________
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11-3043
COUNCIL LETTER
CITY OF GALESBURG
SEPTEMBER 19, 2011
AGENDA ITEM: Proposal recommendation, design-build of a pistol range and classroom
building.
SUMMARY RECOMMENDATION: The City Manager, Police Chief, and Purchasing Agent
recommend that the City Council award the design-build of a pistol range and training classroom
building to Bond Construction Company in the amount of $99,456.
BACKGROUND: The City of Galesburg Police Department received a grant earlier this year
for the replacement of the existing police pistol range. This regional police training site and
range, located at 2340 North Lake Storey Road in Galesburg is utilized by the Galesburg Police
Department, Western Illinois Police Training Unit, Federal Bureau of Investigations and other
Federal agencies for firearms and other training. The site includes a firing range and classroom
building. The existing classroom building (approved for demolition on July 5, 2011) was
constructed in the early 1960’s and was in very poor shape with a sagging floor, mold, failing
and leaking roof, broken water lines, no heat or air conditioning and outdated wiring. It was not
practical to make repairs or remodel the existing building as the anticipated costs do so would
rival that of a new building.
The new range building and classroom is intended to serve the public need for an adequate
training facility for those public agencies using the Galesburg Police Range for firearms training.
As stated previously, many agencies from municipal to Federal use this site. This cooperation
played a part in the award of the grant supporting this project. It should be noted that the F.B.I.
and the Galesburg Police Department also partnered in recent years to purchase and replace
much of the target equipment located at the range. The completion of this building for range and
classroom training will further promote Galesburg as a regional training facility for law
enforcement.
A request for proposal was developed and advertised in both the Galesburg Register Mail and the
Daily Herald (State Paper). Two proposals for this project were received. One from Trotter
General Contracting (Macomb, IL) and one from Bond Construction Co. (Galesburg, IL). Upon
review of the original proposals, it was determined that Bond Construction Co provided the best
proposal that addressed the legal requirements of this type of structure as well as being designed
to meet the necessary function of the facility.
A review of costs associated with this project was performed by City Staff and the contractor to
find cost savings to get the project within the budgetary constraints of the grant and available
Special Enforcement funds. The final product will be a 26 feet x 30 feet wood frame building
that will serve the intended use well. The final cost of this building based on the approved plan
is $99,456. The intended completion of this project will be February 2012 barring any natural
events that would delay the project. City staff recommends approval of this negotiated proposal.
___________________________________________________________________________________________________________________________________________________________________________________________
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It should be noted that this negotiated price is contingent upon the Illinois Department of Public
Health (IDPH) providing a waiver to the City so that a unisex bathroom can be installed. If the
waiver is not approved by the IDPH, the cost of this project will increase by approximately
$5,000 due to the requirement of separate restroom facilities for men and women. The waiver
has been applied for. However, a response has not been received to date.
BUDGET IMPACT: There are sufficient grant funds available for this grant as well money
available in Police’s Special Enforcement Fund to cover the cost of this project (with or without
waiver from IDPH).
1. Vendors originally receiving proposal requests.
___________________________________________________________________________________________________________________________________________________________________________________________
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RFP for Pistol Range Building
Company
Due: 08/11/11
Address
AAA Electric
AEH CONSTRUCTION CO
Basio Plumbing
Bond Construction Co
Butler Rural Buildings
Capital Steel Industries
Cleary Building Corporation
Frank Millard and Company, Inc
Goehl Builders
Hein Construction Co
Hein Construction Co.
Johnson Building Systems, Inc
Johnson Controls
JP Benbow Plumbing & Heating Co
Kirchgessner Plumbing & Heating Co
Lambasio, Inc
Laverdiere Construction
Leander Construction, Inc
Mangieri Plumbing & Heating
Mechanical Service Inc.
Morton Buildings, Inc
Neil Thomas Plumbing & Heating,Inc
New Age Siding & Windows, Inc
Northwest Mechanical, Inc
Pipco Companies, LTD
Rail City Home Improvement
Riverland FS, Inc
Trotter General Contracting, Inc
345 E South St
1920 LACON DR
732 Old Post Rd
396 Knox Road 200N
Nelson Farm Service
Galesburg
GALESBURG
Galesburg
Galesburg
Cambridge
IL
IL
IL
IL
IL
3019 W Main St
107 Valley St
2464 Knox Road 150 E
56 N Cedar St
56 N Cedar St
PO BOX 66
9006 N Industrial Rd
1191 S West St
211 W Simmons St
401 E Berrien St
4055 W Jackson St
PO BOX 345
1050 Monmouth Blvd
PO BOX 1508
PO BOX 318
671 Knox Rd 1400 N
1290 W Main St
5885 Tremont Ave
1409 W Altorfer Dr
PO BOX 42
PO BOX 217
820 W Jackson St
Galesburg
Burlington
Rio
Galesburg
Galesburg
Galesburg
Peoria
Galesburg
Galesburg
Galesburg
Macomb
Canton
Galesburg
Galesburg
Carthage
Galesburg
Galesburg
Davenport
Peoria
Henderson
Knoxville
Macomb
IL
IA
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IL
IA
IL
IL
IL
IL
City
State
___________________________________________________________________________________________________________________________________________________________________________________________
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CITY OF GALESBURG
Community Development Memo
Operating Under Council – Manager Government Since 1957
__________________________________________________________________________________________________________________________________________________________________________________________
TO:
Todd Thompson, City Manager
FROM:
Julie Main, Associate Planner
DATE:
Thursday, September 8, 2011
SUBJECT:
Clean Up Days
The City of Galesburg would like to remind residents about Clean Up Days that will be held
September 19th to 23rd. During this time period there is no limit on size or quantity of
household refuse placed at the curb; however, yard waste must be prepared correctly and placed
in a separate pile from the refuse. Clean Up Days occurs on residents’ refuse day (not the entire
week). Be sure to have items at the curb by 6:00 a.m. on your garbage day.
The City does not collect at the curb the following items: liquid paint, propane tanks from gas
grills, concrete chunks, large auto parts, automotive batteries, used motor oil and tires. There are
several locations in Galesburg that accept motor oil and batteries for free; tires and propane tanks
for a nominal fee. The purpose of Clean Up Days is to provide an opportunity for residents to
remove appliances, furniture, etc. not entire garages. Please do not place loose garbage at the
curb. It is much easier for the Waste Management Staff to collect bagged and bundled items.
___________________________________________________________________________________________________________________________________________________________________________________________
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11-4077
COUNCIL LETTER
CITY OF GALESBURG
SEPTEMBER 19, 2011
AGENDA ITEM: Facade grant for 44 North Seminary Street.
SUMMARY RECOMMENDATION: The Facade Advisory Committee (FAC) met on
September 6, 2011 to review this request for facade assistance. The Committee unanimously
recommended approval of the facade assistance in an amount not to exceed 50 percent of the
estimated project costs (Members Bullis, Gerstenberger, Markwart, Martin and Scott).
BACKGROUND: Mr. Mark A. Kleine submitted an application for a facade grant (see attached
copy of the application). The estimated facade project cost is $78,965. A copy of the existing
and proposed facades are also attached. This project is eligible to receive 50 percent of the
estimated project costs, which is $39,482.50 ($19,741.25 from the City and $19,741.25 from the
Downtown Council). The owner would provide 50 percent of the total estimated cost through
owner equity ($39,482.50).
Mr. Kleine purchased the building at 44 North Seminary Street and the scope of work involves
renovation on the east façade and approximately five feet down the north and south façades of
the building at 44 North Seminary Street.
The entire front (east façade) and five feet back down the north and south sides will be redone in
“Brick-It”, red in color. The cornices and lower front wall will be redone with a dryvit surface
colored grey. A new awning will be added in black with gold stripe along the lower section. The
entrance to the building will be moved to the center of the building with two entrance doors, one
on each side of the center partition. Accessible ramps will be added for each entrance. The old
ramp and entrance will be removed. All store front glass will be replaced with black metal
surface and low-E glass. There will be no transom windows. Lighting will be added to the upper
portion of the east side of the building. Any signage that would be installed would be located
between the awning and gooseneck lighting. Black egg crates will be installed under the awning.
BUDGET IMPACT: Sufficient funds will be available this year in the Tax Increment Financing
District IV Fund for this facade assistance.
1. Grant application
2. Existing east view
3. Proposed east view
4. Façade Agreement
___________________________________________________________________________________________________________________________________________________________________________________________
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FACADE GRANT AGREEMENT
WITH
Mark A. Kleine
d/b/a MAK Properties of Illinois, LLC
Tract 1: A lot bounded by a line beginning at a point 116 feet North of the Southeast corner of
Lot 11, in Block 15 in the City of Galesburg, running thence West 81 feet and 7 inches,
thence North 41 feet and 9 inches, thence East 81 feet and 7 inches, thence South on the West
line of North Seminary Street to the place of beginning, together with a non-exclusive right to
use an alleyway a strip of ground 16 feet in width adjoining the whole South side of the above
lot or tract and also together with the right to maintain and have sewer connections with the
sewer in said alleyway, situated in the County of Knox and State of Illinois.
COMMONLY KNOWN AS: 44 North Seminary Street, Galesburg, IL 61401
PROPERTY IDENTIFICATION NUMBER: 99-10-487-013
Tract 2: Part of Lot One of the Renumbering of Original Town Lots recorded in Volume 83,
page 363 Knox County Recorder’s Office, all in the Original Town of Galesburg, Knox
County, Illinois, being more particularly bounded and described as follows:
The Southerly One Foot of the Easterly Seventy-nine Feet of said Lot 1; Subject to easements
and Right-Of-Way of Record; in Block 15 of the City of Galesburg, Knox County, Illinois.
COMMONLY KNOWN AS: Vacant land
PROPERTY IDENTIFICATION NUMBER: 99-10-487-011 (part)
Submitted by:
Kelli Bennewitz
City Clerk
City of Galesburg
Return to:
Kelli Bennewitz
City Clerk
City of Galesburg
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THIS AGREEMENT, entered into this
day of
, 20
, by and between the City of Galesburg, an Illinois municipal corporation
(hereinafter referred to as “City”), and
Mark A. Kleine d/b/a MAK Properties
of Illinois, LLC
(hereinafter referred to as “Recipient”).
WHEREAS, the City has established the Downtown Facade Redevelopment Program
pursuant to resolution 09-08 (hereinafter referred to as “Program”). The purpose of the Program
is to encourage architecturally appropriate improvements to commercial facades readily visible
to the public, with the goal of promoting the attraction and retention of business operations and
enhance the interest in visiting the downtown area, which will improve the overall economic
condition of the City; and
WHEREAS, the objective of the Program is to provide a financing mechanism which will
make business improvements in the Downtown Area, which is a geographically defined area
shown in the Program, financially feasible or economically more viable than it would be without
the benefit of this Program, and that such inducements will help maintain and expand business
activity and attract new business investments which might otherwise not occur in the Downtown
Area; and
WHEREAS, the Galesburg Downtown Council (hereinafter referred to as the “GDC”),
have agreed to allow the City to carry out their Facade Improvement Grant Program (hereinafter
referred to as the “GDC Program”), to approve GDC Program funds for Recipients who request
and are eligible for participation in the GDC Program; and
WHEREAS, the Recipient has submitted the required documentation to request funds
from the Program and GDC Program, and the Facade Advisory Committee and the City have
determined that the Project to be undertaken by the Recipient fit the established criteria,
NOW, THEREFORE, in consideration of the foregoing and the mutual agreement and
herein, the City and the Recipient agree as follows:
SECTION 1: DEFINITIONS
A. Definition of Terms.
Certain terms used in this Agreement shall have the following meanings unless their
content or use clearly indicates otherwise.
“Agreement” means this document for development pursuant to the Downtown Facade
Redevelopment Program.
“City” means the City of Galesburg, Illinois.
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“Construction Documents” means written, graphic and pictorial documents prepared or
assembled by an Illinois licensed design professional for describing the design, location
and physical characteristics of the Project necessary for obtaining construction permits.
“Estimated cost of the project” means the cost of the Project as estimated as of the date of
this Agreement and as reflected on Exhibit C attached hereto and made a part hereof.
“Event of Default” means those occurrences, actions or lack of action which shall be
construed to be a breach of failure to perform pursuant to the terms of this Agreement as
set forth in Section 12 of this Agreement.
“Facade” means the exterior of a building visible from a public street or alley.
“GDC” means the Galesburg Downtown Council.
“GDC Program” means the Facade Improvement Grant Program offered by the Galesburg
Downtown Council.
“Grant” means the monies provided by the City and GDC to the Recipient to reimburse costs
specified in Section 7 herein.
“Program” means the Downtown Facade Redevelopment Grant Program pursuant to
resolution 09-08.
“Project” means the redevelopment of the Façade as described in Exhibit B.
“Property” means the parcel(s) in which the Project is taking place, as described in Exhibit A.
B. Construction of Words.
The words “hereof”, “herein”, “hereunder” and other words of similar import refer to this
Agreement as a whole.
Unless otherwise specified, references to Articles, Sections and other subdivisions of
this Agreement are to the designated Articles, Sections and other subdivisions of this
Agreement as originally executed.
The headings of this Agreement are for convenience of reference only and shall not
define or limit the provisions hereof.
C. Non-Limitation of City’s Remedies.
Nothing contained herein shall in any way limit the remedies of the City pursuant to other
sections of this Agreement and pursuant to law and equity in the Event of Default.
SECTION 2: COVENANTS AND RESTRICTIONS
A. Non-Discrimination. The Recipient agrees for itself and its successors and assigns, and
every successor in interest to the Property, or any part thereof, that the Recipient and such
successors and assigns, shall not discriminate in violation of all applicable Federal, State or
Local laws or regulations upon the basis of race, color, religion, sex, age or national origin in
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the sale, lease or rental, or in the use or occupancy of the Property or any improvements
erected or to be erected thereon, or any part thereof.
B. Duration of Covenants. It is intended and agreed that the covenants provided in Section 2 shall
remain effective without any time limitation, provided, that such agreements and covenants shall
be binding on the Recipient itself, each successor in interest to the Property, and in every part
thereof, and each party in possession or occupancy, respectfully, only for such period as such
successor or party shall have title to an interest in, or possession or occupancy of the Property.
C. Guarantees. The Recipient agrees for itself, its successors and assigns and every
successor in interest to the Property or any part thereof, that the Recipient and such assigns
shall guarantee the Project shall begin within 180 days from the date this Agreement is
executed and shall use its best efforts to cause said improvements to be in accordance with
the Construction Documents approved by the City. A Project description is attached hereto
as Exhibit B and incorporated herein by this reference.
D. Covenants Running with the Land. It is intended and agreed that the covenants referred to
above shall be covenants running with the land and that they shall in any event be binding to
the fullest extent permitted by law and equity, for the benefit and in favor of and enforceable
by the City, its successors and assigns, and the City, the State of Illinois, and the United
States of America with regard to Section 2A of this Agreement, and against the Recipient, its
successors and assigns and every successor in interest to the Property or any part thereof
or any interest therein, and any party in possession or occupancy of the Property or any part
thereof.
E. Binding for the Benefit of the City. It is also intended and agreed that the foregoing agreements
and covenants running with the land shall in any event and without regard to technical
classification or designation legal or otherwise itself be to the fullest extent permitted by law and
equity binding for the benefit of the City and enforceable by the City and the State of Illinois and
the United States against the Recipient and its successors, assigns to or of the Property or any
part thereof or any interest therein.
F. This Agreement shall be governed by the State of Illinois and the parties agree that Knox
County is and will be the appropriate venue for the hearing of any dispute relating to this
Agreement.
SECTION 3: CITY AND GDC OBLIGATION
A. The City and GDC shall provide to Recipient reimbursable grants not to exceed the total
amount of $40,000.00 or fifty percent of the façade Project cost specified in Exhibit C,
whichever is less for the Project as described in Exhibit B (hereinafter both grants referred to
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as the “Grant”). Said Grant will be available to the Recipient for the expenses as outlined in
Exhibit C. Payment to the Recipient shall be in the form of a reimbursement of expenses
paid the by Recipient. Grant reimbursements, to the maximum extent possible, will be made
by the City and GDC within 30 business days of the date the Certification for
Reimbursement of Facade Grant was received by the City and GDC.
SECTION 4: RECIPIENT’S OBLIGATION AND RIGHTS
A. Guarantees. In consideration of the Grant to be provided, the Recipient guarantees the
construction of the project. Specifically, Recipient guarantees the activities as outlined in
Exhibit B shall be completed at the estimated cost of $ 78,965.00, as outlined in Exhibit C.
B. Submission of Construction Documents. Prior to commencement of construction the
Recipient shall submit to the City for its approval, which approval shall not be unreasonably
withheld, Construction Documents prepared by an Illinois licensed design professional that
are of sufficient clarity to indicate the location, nature and extent of the work proposed as
outlined in EXHIBIT B.
C. Conformance to Construction Documents. All work with respect to the Project to be
construed or provided by the Recipient on the Property shall be in substantial conformity
with the Construction Documents and Project description as outlined in EXHIBIT B.
D. Conformance to Federal, State and Local Requirements. All work with respect to the Project
shall conform to all applicable Federal, State and Local laws, regulations and ordinances
including, but not limited to construction codes, life safety code and Illinois Accessibility
Code.
E. Changes in Construction Documents. If the Recipient desires to make any substantial change in
the Construction Documents which significantly affects the appearance, function, or structural
integrity of the Project, whether prior to, or subsequent to the funding of the Grant, the Recipient
shall submit the proposed change to the City for its approval.
F. Improvements, Commencement and Completion Requirements.
1. Commencements. The Recipient agrees for itself, its successors and assigns that it shall
begin within 180 days from the date this Agreement is executed and diligently prosecute
to completion the redevelopment of the Property through the construction of the Project
thereon pursuant to the approved Construction Documents and in accordance with
approved changes.
2. Compliance. The Recipient agrees for itself, its successors and assigns that the
construction of the Project shall be in compliance with applicable Federal, State and
Local laws, regulations and ordinances. All construction permits are secured and all
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associated fees are paid prior to the onset of work and all completed work shall pass
appropriate inspections of applicable reviewing agency.
3. Remedies. In addition to all the available remedies provided by this Agreement, the City
shall have all available remedies pursuant to law and equity to remedy defects and
recover damages in the event of any violation of subparagraphs F1 and F2 immediately
preceding.
4. Lien Waivers. All contracts payable from Grant funds shall provide that all contractors
and subcontractors furnish contractor's affidavits in the form provided by state statute
and that waivers of lien be required for all payments made.
G. Financing Authorization and Commitment. Prior to any disbursement of Grant funds by the
City, the Recipient shall submit to the City evidence that the Recipient has the appropriate
authorization to proceed, and has sufficient funds available or financing in place to cover the costs
associated with the private share of the project.
H. Progress Reports. Until construction of the Project has been completed, the Recipient shall
make progress reports to the City when milestone dates are achieved, or upon special requests
of the City in such detail as may be reasonably requested by the City.
I.
The Recipient shall agree to work with and cooperate with the City to inform the public about the
Project.
J. Maintenance and Alteration.
1. The Recipient, its successors and assigns, shall maintain the façade improvements for a
period of five (5) years from the date of the final Grant reimbursement.
2. The Recipient, its successors and assigns, shall not alter, modify or remove facade
improvements for a period of five (5) years from the date of the final Grant reimbursement
without written approval from the City.
SECTION 5: REPRESENTATIONS OF THE RECIPIENT
The Recipient represents, warrants and agrees as the basis for the undertakings on its
part herein contained that:
A. Organizational and Authorization.
The Recipient is:
Mark A. Kleine d/b/a MAK Properties of Illinois, LLC
Galesburg, IL 61401
B. Use of Proceeds.
All of the proceeds from the Grant funds will be used for the façade renovation costs of
the Project as provided for herein.
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C. Location of the Project.
The Project will be located on the Property, as described in Exhibit A.
D. Estimated Costs.
The Estimated Cost of the Project is set forth in Exhibit C attached hereto.
E. Changes in Acquisition or Construction of Project.
The Project consists and will consist of the property described in Exhibit A attached
hereto and no changes shall be made in the construction of the Project which will have the
effect of impairing the effective use or character of the Project as contemplated by this
Agreement.
F. Conformance with Requirements and Regulation.
The Recipient has examined and is familiar with all the covenants, conditions,
restrictions, building regulations and zoning ordinances and land use regulations including
those contained herein affecting the Property and the Project, and covenants that the
Construction Documents and the construction of the improvements in accordance with the
Construction Documents do and will in all respects conform to and comply therewith.
SECTION 6: ADDITIONAL COVENANTS OF THE RECIPIENT
A. Indemnification Covenants. The Recipient agrees for itself, its successors and assigns, to
indemnify and save the City and its officers and employees harmless against all claims by or on
behalf of any person, firm or corporation arising from the conduct or management of, or from any
work or thing done on, the Project while the Property remains in existence and against and from
all claims arising from (i) any condition of the Project (ii) any breach or default on the part of the
Recipient or its successors and assigns in the performance of any of its obligations under this
Agreement (iii) any act of negligence of the Recipient or of any of its agents, contractors,
servants, employees or licensees, (iv) any act of negligence of any assignee or lessee of the
Recipient, or of any agents, contractors, servants, employees or licensees of any assignee or
lessee of the Recipient, or (v) any performance by the City of any act required under this
Agreement or required by the Recipient or its successors and assigns other than negligent or
willful misconduct of the City. The Recipient agrees to indemnify and save the City harmless
from and against all costs and expenses incurred in or in connection with any such claim
arising as foresaid or in connection with any action or proceeding brought thereon. In case
any such claim is made or action brought based upon any such claim in respect of which
indemnity may be sought against the Recipient, upon receipt of notice in writing from the City
setting forth the particulars of such claim or action, the Recipient shall assume the defense
thereof including the employment of counsel and the payment of all costs and expenses. The
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City shall have the right to employ separate counsel in any such action and to participate in the
defense thereof, but the fees and expenses of such counsel shall be at the expense of the City
unless the employment of such counsel has been specifically authorized by the Recipient.
B. Insurance. The Recipient shall agree to keep and maintain its property insured for its full
insurable value against loss or damage by fire, theft, explosion, sprinklers and all other
hazards and risks ordinarily insured against by other owners or users of such properties in
similar business. All insurance policies shall contain an endorsement that the insurance
company shall provide the City at least 30 days prior written notice before any such policy
shall be altered or canceled.
C. Maintenance and Repair. The Recipient agrees that it will maintain and repair the
Project in accordance with the requirements of this Agreement.
SECTION 7: GRANT ASSISTANCE
A. Grant Assistance to the Recipient. The City and the GDC agree, upon the terms and
conditions in this Agreement, to make available an amount not to exceed $40,000.00 or fifty
percent of the façade Project, whichever is less for the façade Project as described in
Exhibit B. The Grant funds shall not exceed the costs specified in Exhibit C.
B. Permitted Expenditures. No Grant funds may be disbursed from the City to Recipient unless
they are for the purpose of paying the costs which are permitted by the Program as it may be
amended from time to time.
C. Disbursement from Grant Fund. At the request of and on behalf of the Recipient, the City,
pursuant to the terms and conditions of this Agreement shall through disbursements from
the appropriate Tax Increment Financing Fund, to the extent of funds available, reimburse to
the Recipient for the costs incurred for the Project as set forth on Exhibit C attached hereto.
D. Modification of Expenditures. The items set forth on Exhibit C may be modified by
increasing or decreasing the cost of a particular item by adding or deleting items from the list
provided. However, the total amount to be funded shall not exceed $78,965 (Seventy-Eight
Thousand Nine Hundred Sixty Five and No Cents) and further, provided that any such
modification shall conform to the requirements of subsection 7B and the requirements of this
Agreement. All requests for modification shall be in writing to the City. If such modification
conforms to the requirements of this Agreement, the City shall approve the proposed
change and process the request for reimbursement.
E. Conditions Precedent to Disbursement. Prior to the initial reimbursement payment, unless
waived by the City in writing, Recipient will furnish to the City the following, all to be
satisfactory in both form and substance to the City, which shall be conditions precedent to
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the City's disbursement of Grant funds. Any item, the production of which has not been
waived by the City, shall be furnished by the Recipient to the City as soon as reasonably
available.
1. Necessary and appropriate construction permits;
2. Organization documents and filings for the Recipient and all resolutions necessary to effect
the obligations of the Recipient pursuant to this Agreement;
3. Satisfactory proof that policies of insurance of all types and coverages required under
the term of this Agreement have been obtained and are in force;
4. Contracts and subcontracts covering the construction of the Project;
5. Labor, material, performance and payment bond or bonds issued by a Company
acceptable to the City for any contractor, subcontractor or subcontractors, with the City
named as dual obligee;
6. Internal Revenue Service and Illinois taxpayer identification numbers for Recipient;
7. Evidence satisfactory to the City that Recipient holds fee simple title to the Property
subject only to the encumbrances of the First Mortgage or holds valid options to acquire
fee simple title to the Property subject to the above noted encumbrances;
8. Evidence of funds available for completion of the Project;
9. Requests for Reimbursements. Concurrently with the request for any Grant
disbursement, Recipient shall have their Architect furnish to the City, separately with
respect to each disbursement request, an Application and Certificate for Payment duly
signed with all blanks appropriately filled in setting forth such details concerning the costs
contained therein as the City shall require. Such request shall include a detailed breakdown
of any costs associated with the project showing the amount expensed to date and the
amounts then due and unpaid, and receipted invoices and/or releases or waivers of lien
forms approved by the City from each material dealer, contractor and subcontractor who
has done work or has furnished materials for construction of the Project, including but
without limitation those covered by each such an Application and Certificate for Payment
of Façade Grant. Such request shall also include properly executed Certified Transcript
of Payroll by all contractors and subcontractors indicating compliance with the Illinois
Prevailing Wage Act, including but without limitation, those pay periods covered by each
such an Application and Certificate for Payment of Facade Grant.
F. Time for Payment of Requisitions. If the City shall so require, thirty (30) days shall intervene
between the date of receipt by City of an Application and Certificate for Payment of Façade
Grant and the date upon which the City shall be obligated to effect such reimbursement.
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SECTION 8: CONSTRUCTION OF THE IMPROVEMENTS
A. Commencement and Completion. Recipient shall cause construction of the Project to be
commenced and to be prosecuted with due diligence and in good faith, and without delay.
Recipient shall cause Project to be constructed in a good and workmanlike manner in
accordance with the Construction Documents and in all respects in compliance with all
applicable laws, rules, permits, requirements and regulations of any government agency or
authorities having or exercising jurisdiction over the Property or the Project and will not
cause, permit or allow any substantial deviation form the Construction Documents without
prior written consent of the City.
B. Contract Prohibitions. Unless otherwise previously agreed by the City in writing, all contracts let
by Recipient or Recipient's contractor in connection with construction of the Project shall contain
a prohibition against any material change in the Construction Documents involving a structural,
square footage, design change or other substantial change without the City's prior written
consent being had thereto.
SECTION 9: LIABILITY INSURANCE
Prior to any Grant disbursement, Recipient or Recipient’s contractor shall procure and deliver
to the City at Recipient's or such contractor's cost and expense, and shall maintain in full force
and effect until each and every obligation of Recipient contained herein has been fully paid, or
performed, a policy or policies of comprehensive liability insurance and during any period of
construction contractor's liability insurance with liability coverage under the comprehensive liability
insurance to be not less than $1,000,000 (One Million Dollars) each occurrence and $1,000,000
(One Million Dollars) total. All such policies to be in such form and issued by such companies as
shall have been approved by the City to protect the City and Recipient against any liability incidental
to the use of or resulting from any accident occurring in or about the Project or the construction and
improvements thereof. Each such policy shall contain an affirmative statement by the issuer
thereunder to give written notice to the City at least 30 (thirty) days prior to any cancellation or
amendment of its policy.
SECTION 10: RIGHTS OF INSPECTION
The City or its designee shall have the right at any time and from time to time to enter
upon the Property for the purposes of inspection and if the City in its judgment, determines
that any work and materials are not in conformity with the Construction Documents, as the
same were theretofore approved in writing by the City, or with any applicable laws,
regulations, permits, requirements or rules of any governmental authority having or
exercising jurisdiction thereover or not otherwise in conformity with sound building practice, the
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City shall have the right to stop the work and to order replacement of correction of any such
work or materials regardless of whether or not such work or materials have theretofore been
incorporated into the Project. Inspection by the City of the Property or the Project shall be for
the sole purpose of protecting the security for the Grant assistance and shall not be construed
as a representation by the City that there has been compliance with the Construction
Documents or that the Project will be or are free of faulty materials or workmanship, or a
waiver of any rights the City or any other party may have against Recipient or any other party
for non-compliance with the Construction Documents.
SECTION 11: PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
A. Representation as to Purpose. The Recipient represents and agrees that its redevelopment
of the Property, and its other undertakings pursuant to this Agreement, are, and will be
used, for the redevelopment of the Property only.
B. Prohibition Against Transfer of Property and Assignment of Agreement. The Recipient
represents and agrees for itself and its successors and assigns that:
1. Prohibitions. Except only by way of security for a First Mortgage and only for the purpose
of obtaining financing necessary to enable the Recipient or any successor in interest to
the Property, or any part thereof, to perform its obligations with respect to making the
Project under this Agreement, the Recipient (except as so authorized) has not made or
created, and it will not, prior to receipt of the certificate of occupancy from the City,
make or create, or suffer to be made or created, any total or partial sale,
assignment, conveyance, or lease, or any trust or power, or transfer in any other mode
or form of or with respect to the Agreement or the Property, or any part thereof or any
interest therein, or any contract or agreement to do any of the same, except for utility
easements, without prior written approval of the City.
2. Conditions for Approval. The City shall be entitled to require, except as otherwise provided in
this Agreement, as conditions to any such approval that:
a. Any proposed transferee shall have the qualifications and financial responsibility, as
determined by the City, necessary and adequate to fulfill the obligations undertaken in
this Agreement by the Recipient (or, in the event the transfer is of or related to part of the
Property, such obligations to the extent that they relate to such part.)
b. Any proposed transferee, by instrument in writing satisfactory to the City and in a form
recordable among the real property records, shall for Itself and its successors and
assigns, and expressly for the benefit of the City, have expressly assumed all of the
obligations of the Recipient under this Agreement and agreed to be subject to all the
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conditions and restrictions to which the Recipient is subject (or, in the event the transfer
is of or relates to part of the Property, such obligations, conditions and restrictions to the
extent that they relate to such part); Provided, that the fact that any transferee of, or any
other successor in interest whatsoever, to the Property or any part thereof, shall,
whatever the reason, not have assumed such obligations or so agreed, shall not (unless
and only to the extent otherwise specifically provided in the Agreement or agreed to in
writing by the City) relieve or except such transferee or successor of or from such
obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any
rights or remedies or controls with respect to the Property or the construction of the
Project; it being the intent of this, together with other provisions of this Agreement, that
(to the fullest extent permitted by law and equity and excepting only in the manner and to
the extent specifically provided otherwise in this Agreement) no transfer of, or change
with respect to, ownership in the Property of any part thereof, or any interest therein,
however consummated or occurring, and whether voluntary or involuntary, shall operate
legally or practically, to deprive or limit the City of, or with respect to, any rights or
remedies or controls provided in or resulting to the Property and the construction of the
Project that the City would have had, had there been no such transfer or change.
3. The Recipient and its transferee shall comply with such other conditions as the City may
find desirable in order to achieve and safeguard the purposes of the Real Property Tax
Increment. Provided, that in the absence of specific written agreement by the City to the
contrary, no such transfer or approval by the City thereof shall be deemed to relieve the
Recipient, or any other party in interest bound in any way by the Agreement or otherwise
with respect to the construction of the Project, from any of its obligations with respect
thereto.
SECTION 12: EVENTS OF DEFAULT AND REMEDIES
A. Events of Default. The following shall be Events of Default with respect to this Agreement:
1. If any material representation made by the Recipient in this Agreement, or in any certificate,
notice, demand or request made by the Recipient, in writing and delivered to the City
pursuant to or in connection with any of said documents shall prove to be untrue or incorrect
in any material respect as of the date made; or
2. Default in the performance or breach of any covenant contained in this Agreement concerning
the covenant of Recipient with regard to its existence and ownership of the Property; or
3. Default in the performance or breach of any other covenant, warranty or obligation of the
Recipient in this Agreement and continuance of such default or breach for a period of 30
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(thirty) days after Recipient has actual knowledge thereof; or
4. The entry of a decree or order for relief by a court having jurisdiction in the premises in
respect of the Recipient in an involuntary case under the federal bankruptcy laws, as now or
hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency or
other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee,
sequestrator (or similar official) of the Recipient for any substantial part of its property, or
ordering the winding-up or liquidation of its affairs and the continuance of any such decree or
order unstayed and in effect for a period of 60 (sixty) consecutive days; or
5. The commencement by the Recipient of a voluntary case under the Federal bankruptcy
laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy,
insolvency or other similar law, or the consent by any such entity to the appointment of or
taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or
other similar official) of the Recipient or of any substantial part of such entity's property, or
the making by any such entity of any assignment for the benefit of creditors or the failure of
the Recipient generally to pay such entity's debts as such debts become due or the taking of
action by the Recipient in furtherance of any of the foregoing.
B. Remedies on Default
1. In the event of any default in or breach of this Agreement, or any of its terms or
conditions, by the Recipient or any successors or assigns, the Recipient shall repay to
the City a portion of the Grant amount received according to the following formula:
60 months –
(months elapsed from date Grant funds received)
Grant funds
X
received
Repayment
=
Amount
60 months
Upon receipt of the repaid Grant amount, the City will process and forward to the GDC
their respective share of the repaid Grant, when applicable.
2. Except as otherwise provided in this Agreement, in the event of any default in or breach
of this Agreement, or any of its terms or conditions, by either party hereto or any
successors to such party, such party or successor, upon written notice from the
other, shall take immediate action to cure or remedy such default or breach, and, in any
event, within 60 (sixty) days after receipt of such notice. In case such action is not taken, or
not diligently pursued, or the default or breach shall not be cured or remedied within a
reasonable time, the aggrieved party may institute such proceedings as may be
necessary or desirable in its opinion to cure or remedy such default or breach, including
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but not limited to, proceedings to compel specific performance by the party in default or
breach of its obligations.
3. In case the City shall have proceeded to enforce its rights under this Agreement and such
proceedings shall have been discontinued or abandoned for any reason or shall have been
determined adversely to the City, then and in every such case the Recipient and the City shall
be restored respectively to their several positions and rights hereunder, and all rights,
remedies and powers of the Recipient and the City shall continue as though no such
proceedings had been taken.
C. Agreement to Pay Attorney’s Fees and Expenses. In the event the Recipient should default
under any of the provisions of this Agreement and the City should employ attorneys or incur other
expenses for the collection of the payments due under this Agreement or the enforcement of
performance or observance of any obligation or agreement on the part of the Recipient herein
contained the Recipient agrees that it will on demand therefore pay to the City the reasonable
fees of such attorneys and such other expenses so incurred by the City.
In the event the City should default under any of the provisions of this Agreement and the
Recipient should employ attorneys or incur other expenses for the collection of the payments
due under this Agreement or the enforcement of performance or observance of any obligation or
agreement on the part of the Recipient herein contained the City agrees that it will, on demand
therefore, pay to the Recipient the reasonable fees of such attorneys and such other expenses so
incurred by the Recipient.
SECTION 13: OTHER RIGHTS AND REMEDIES OF CITY AND RECIPIENT
A. No Waiver by Delay. Any delay by the City or the Recipient in instituting or prosecuting any
actions or proceedings or otherwise asserting its rights shall not serve to waive or to
deprive it of or limit such rights in any way (it being the intent of this provision that the City or
Recipient should not be constrained so as to avoid the risk of being deprived of or limited in
the exercise of the remedy provided in this Section because of concepts of waiver, lathes or
otherwise) to exercise such remedy at a time when it may still hope to otherwise resolve the
problems created by default involved; nor shall any waiver in fact made by the City or
Recipient with respect to any specific default by the Recipient or the City under this Section
be considered or treated as a waiver of the rights of the City or the Recipient with respect to
any other defaults by the Recipient, or the City under this Section or with respect to any
defaults under any Section in this Agreement or with respect to the particular default, except to
the extent specifically waived in writing by the City or the Recipient.
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B. Rights and Remedies Cumulative. The rights and remedies of the parties to this Agreement
(or their successors in interest) whether provided by law or by this Agreement, shall be
cumulative, and the exercise by either party of any one or more of such remedies shall not
preclude the exercise by it, at the time or different time, of any such remedies for the same
default or breach by the other party. No waiver made by either such party with respect to the
performance, nor the manner of time thereof, or any obligation of the other party or any
condition as to its own obligation under this Agreement shall be considered a waiver of any
rights of the party making the waiver with respect to the particular obligation of the other party or
condition to its own obligation beyond those expressly waived in writing and to the extent
thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or
any other obligations of the other party.
SECTION 14: DELAY IN PERFORMANCE
For the purposes of any of the provisions of this Agreement except regard to payment of
real property taxes or guarantees as provided herein, neither the City, nor the Recipient, as the case
may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations
with respect to the preparation of the Property for redevelopment, or the beginning and completion
of construction of the Project, or progress in respect thereto, in the event of enforced delay in the
performance of such obligations due to unforeseeable cause beyond its control and without its fault
or negligence, including, but not restricted to acts of God, acts of the public enemy, acts of federal,
state or local government, acts of the other party, fires, floods, epidemics, quarantine restrictions,
strikes, embargoes, acts of nature, unusually severe weather or delays of subcontractors due to
such causes; it being the purpose and intent of this provision that in the event of the occurrence of
any such enforced delay, the time or times for performance of the obligations of the City with respect
to the preparation of the Property for the redevelopment Project or of the Recipient with respect to
construction of the Project as the case may be, shall be extended for the period of the enforced
delay. Provided, that the party seeking the benefit of the provisions of this Section, shall, within 10
(ten) days after the beginning of any such enforced delay, have first notified the other party thereof
in writing, of the cause or causes thereof, and requested an extension of the period of enforced delay.
Such extensions of schedule shall be agreed to in writing by the parties hereto.
SECTION 15: EQUAL EMPLOYMENT OPPORTUNITY
The Recipient, for itself and its successors and assigns, agrees that during the construction of
the Project provided for in this Agreement that the following will apply:
A. Non-Discrimination. The Recipient will not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, or national origin. The Recipient will take
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affirmative action to insure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or national origin. Such action shall
include but not be limited to, the following: employment, upgrading, demotion, transfer,
recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The Recipient agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
City setting forth the provisions of this non-discrimination clause.
B. Advertising. The Recipient will, in all solicitations or advertisements for employees placed by or
on behalf of the Recipient, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
C. Non-Compliance. In the event of the Recipient’s non-compliance with the non-discrimination
clauses of this Section, this Agreement may be canceled, terminated, or suspended in whole or in
part.
D. Mandatory Inclusions of Provisions. The Recipient will include the provisions of Paragraphs " A "
through " C " of this Section in every contract or purchase order, and will require the inclusions of
these provisions in every subcontract entered into by any of its contractors, unless exempted by
rules, regulations, so that such provisions will be binding upon each such contractor,
subcontractor, or vendor as the case may be.
SECTION 16: PREVAILING WAGE RATES
The Recipient for itself and its successors and assigns:
A. Understands that any construction work, that is funded with the Grant assistance provided by the
City, is subject to the provisions of the Prevailing Wage Act of the State of Illinois (820 ILCS
130/1 et seq.). Said Act provides for the payment of the prevailing rate of wage to all
laborers, workers and mechanics engaged on the work.
B. Agrees to require contractors and their subcontractors to conform with said laws for any
work funded with the Grant assistance.
C. Agrees to indemnify the City for any and all violations of said laws and any rules and
regulations now or hereinafter issued pursuant to said laws.
D. Understands the Act requires the following:
1. Workers shall be paid general prevailing wage rate for regular hours, legal holidays and
overtime work.
2. Contractor shall post the prevailing wage rates at the construction site.
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3. Contractor shall make and keep for a period of not less than three years certified
payrolls for the project.
4. Contractors and subcontractors shall submit Certified Transcript of Payroll to the
Recipient, who shall then have their Architect forward said certified payrolls to the City
indicating compliance with the Illinois Prevailing Wage Act, with each submittal of an
Application and Certificate for Payment of Façade Grant.
5. Recipient shall verify with the Illinois Department of Labor prior to start of construction that
all contractors and subcontractors who will work on the project have not been placed on the
State's list of contractors who have disregarded the state labor standards.
SECTION 17: TITLES OF ARTICLES AND SECTIONS
Any titles of the several parts, Articles and Sections of this Agreement are inserted for
convenience of reference only and shall be disregarded in construing or interpreting any of its
provisions.
SECTION 18: CONFLICT OF INTEREST
No member, officer, or employee of the City or its designees or agents and no member of the
governing body of the City during his or her tenure or for one year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract or the proceeds thereof, with respect to which this
Agreement shall apply.
SECTION 19: NOTICES
All notices, requests, demands and other communications to be given to any party
hereunder shall be in writing and shall be deemed to have been duly given when personally
delivered or deposited in the United States mail, certified or registered mail, return receipt
requested, postage prepaid, addressed to the parties at the following addresses (or at such
other address as shall be given in like manner by any party to the other):
City of Galesburg:
Recipient:
City of Galesburg
55 West Tompkins Street
Galesburg, IL. 61401
Mark A. Kleine
Galesburg, IL 61401
SECTION 20: COUNTERPARTS
If the Agreement is executed in two or more counterparts, each shall constitute one and the
same instrument and each shall be recognized as an original instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement and caused their
respective seals to be affixed and attested thereto as of the date first written above in this
Agreement.
City of Galesburg
A municipal corporation
Galesburg Downtown Council
By:
By:
Its:
Mayor
Its:
President
Attest:
Attest:
Façade Advisory Commission
By:
Its:
Chairperson
Attest:
Recipient
By:
Its:
Attest:
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EXHIBIT A
PROPERTY DESCRIPTION
Tract 1: A lot bounded by a line beginning at a point 116 feet North of the
Southeast corner of Lot 11, in Block 15 in the City of Galesburg, running
thence West 81 feet and 7 inches, thence North 41 feet and 9 inches, thence
East 81 feet and 7 inches, thence South on the West line of North Seminary
Street to the place of beginning, together with a non-exclusive right to use an
alleyway a strip of ground 16 feet in width adjoining the whole South side of
the above lot or tract and also together with the right to maintain and have
sewer connections with the sewer in said alleyway, situated in the County of
Knox and State of Illinois.
COMMONLY KNOWN AS: 44 North Seminary Street, Galesburg, IL 61401
Tract 2: Part of Lot One of the Renumbering of Original Town Lots recorded
in Volume 83, page 363 Knox County Recorder’s Office, all in the Original
Town of Galesburg, Knox County, Illinois, being more particularly bounded
and described as follows:
The Southerly One Foot of the Easterly Seventy-nine Feet of said Lot 1;
Subject to easements and Right-Of-Way of Record; in Block 15 of the City of
Galesburg, Knox County, Illinois.
COMMONLY KNOWN AS: Vacant land
PROPERTY IDENTIFICATION NUMBER: 99-10-487-011 (part)
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EXHIBIT B
PROJECT DESCRIPTION
Scope: Work involves renovation on the east façade and approximately five feet down the north
and south façades of the building at 44 North Seminary Street.
The entire front (east façade) and five feet back down the north and south sides will be redone
in “Brick-It”, red in color. The cornices and lower front wall will be redone with a dryvit surface
colored grey. A new awning will be added in black with gold stripe along the lower section. The
entrance to the building will be moved to the center of the building with two entrance doors, one
on each side of the center partition. Accessible ramps will be added for each entrance. The old
ramp and entrance will be removed. All store front glass will be replaced with black metal
surface and low-E glass. There will be no transom windows. Lighting will be added to the upper
portion of the east side of the building. Any signage that would be installed would be located
between the awning and gooseneck lighting. Black egg crates will be installed under the
awning.
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EXHIBIT C
COSTS OF PROJECT
DESCRIPTION OF WORK AND/OR MATERIAL
COST
REMOVE AND INSTALL NEW ACCESSIBLE RAMPS AND RAILINGS
$24,500
DEMO EXISTING STOREFRONT AND INSTALL NEW WINDOWS
$13,500
INSTALL BRICK-IT AND DRYVIT PRODUCT ON LOWER WALL
$15,400
INSTALL NEW PLYWOOD ON FRONT AND SIDES AND NEW WALL
$ 3,570
INSTALL SIX EXTERIOR LIGHTS
$ 3,817
INSTALL BLACK AWNING WITH GOLD STRIPE AND EGG CRATE
$5,000
CONTINGENCIES
$7,178
SOFT COSTS
ARCHITECT/ENGINEERING FEES
TOTAL FACADE PROJECT COSTS
$ 6,000
$ 78,965.00
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11-4078
COUNCIL LETTER
CITY OF GALESBURG
SEPTEMBER 19, 2011
AGENDA ITEM: Facade grant for 246 East Main Street.
SUMMARY RECOMMENDATION: The Facade Advisory Committee (FAC) met on
September 6, 2011 to review this request for facade assistance. The Committee unanimously
recommended approval of the facade assistance in an amount not to exceed 50 percent of the
estimated project costs or $40,000, whichever is lower (Members Bullis, Gerstenberger,
Markwart, Martin and Scott).
BACKGROUND: Mr. Mark A. Kleine submitted an application for a facade grant (see attached
copy of the application). The estimated facade project cost is $115,236. A copy of the existing
and proposed facades are attached. This project is eligible to receive the maximum grant amount
of $40,000 ($20,000 from the City and $20,000 from the Downtown Council). The owner would
provide 65 percent of the total estimated cost through owner equity ($75,236).
Mr. Kleine purchased the building at 246 East Main Street and the scope of work involves
renovation on the front (north) and rear (south) façades.
The rear façade will be tuckpointed and painted. There are also three openings that will be filled
in with brick on the lower part of the building. All new double hung bronze colored windows
will be installed to replace the existing windows.
The front of the building will get all new upper low-E glass and storefront framing, the framing
will be done in black painted surface. The entrance of the building will be moved to within three
feet of the sidewalk area. The entrance will contain all low-E glass with black painted surface
framing to match the upper configuration. The doors will be eight feet in height and include grid
work at the glazing. The lower stub wall will be covered in limestone. The upper windows will
be fixed and the mullion between the transom and lower windows will be wider than the other
mullions and pushed out to provide a relief line. Signage will include gold lettering on the
glazing.
BUDGET IMPACT: Sufficient funds will be available this year in the Tax Increment Financing
District IV Fund for this facade assistance.
1. Grant application
2. Existing north view
3. Proposed north view
4. Façade Agreement
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FACADE GRANT AGREEMENT
WITH
Mark A. Kleine
That part of Lots 1 and 2 in Block 27 according to the Original Plat of the Town (now City) of
Galesburg bounded and described as follows: Beginning at a point on the North line of said
lots, 90 feet 7 ¾ inches West of the Northeast corner of Lot 1, aforesaid, thence Southerly
136.5 feet, more or less, to the North line of an alley at a point 90 feet 10 ¾ inches West of
the East line of said Lot 1, thence East along the North line of the alley to a point 60.74 feet
West of the East line of said Lot 1, thence Northerly to a point on the North line of said lots,
60.44 feet West of the Northeast corner of said Lot 1, thence West along the North line of said
lots to the point of beginning.
COMMONLY KNOWN AS: 246 East Main Street, Galesburg, IL 61401
Submitted by:
Kelli Bennewitz
City Clerk
City of Galesburg
Return to:
Kelli Bennewitz
City Clerk
City of Galesburg
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THIS AGREEMENT, entered into this
day of
, 20
, by and between the City of Galesburg, an Illinois municipal corporation
(hereinafter referred to as “City”), and
Mark A. Kleine d/b/a MAK Properties
of Illinois, LLC
(hereinafter referred to as “Recipient”).
WHEREAS, the City has established the Downtown Facade Redevelopment Program
pursuant to resolution 09-08 (hereinafter referred to as “Program”). The purpose of the Program
is to encourage architecturally appropriate improvements to commercial facades readily visible
to the public, with the goal of promoting the attraction and retention of business operations and
enhance the interest in visiting the downtown area, which will improve the overall economic
condition of the City; and
WHEREAS, the objective of the Program is to provide a financing mechanism which will
make business improvements in the Downtown Area, which is a geographically defined area
shown in the Program, financially feasible or economically more viable than it would be without
the benefit of this Program, and that such inducements will help maintain and expand business
activity and attract new business investments which might otherwise not occur in the Downtown
Area; and
WHEREAS, the Galesburg Downtown Council (hereinafter referred to as the “GDC”),
have agreed to allow the City to carry out their Facade Improvement Grant Program (hereinafter
referred to as the “GDC Program”), to approve GDC Program funds for Recipients who request
and are eligible for participation in the GDC Program; and
WHEREAS, the Recipient has submitted the required documentation to request funds
from the Program and GDC Program, and the Facade Advisory Committee and the City have
determined that the Project to be undertaken by the Recipient fit the established criteria,
NOW, THEREFORE, in consideration of the foregoing and the mutual agreement and
herein, the City and the Recipient agree as follows:
SECTION 1: DEFINITIONS
A. Definition of Terms.
Certain terms used in this Agreement shall have the following meanings unless their
content or use clearly indicates otherwise.
“Agreement” means this document for development pursuant to the Downtown Facade
Redevelopment Program.
“City” means the City of Galesburg, Illinois.
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“Construction Documents” means written, graphic and pictorial documents prepared or
assembled by an Illinois licensed design professional for describing the design, location
and physical characteristics of the Project necessary for obtaining construction permits.
“Estimated cost of the project” means the cost of the Project as estimated as of the date of
this Agreement and as reflected on Exhibit C attached hereto and made a part hereof.
“Event of Default” means those occurrences, actions or lack of action which shall be
construed to be a breach of failure to perform pursuant to the terms of this Agreement as
set forth in Section 12 of this Agreement.
“Facade” means the exterior of a building visible from a public street or alley.
“GDC” means the Galesburg Downtown Council.
“GDC Program” means the Facade Improvement Grant Program offered by the Galesburg
Downtown Council.
“Grant” means the monies provided by the City and GDC to the Recipient to reimburse costs
specified in Section 7 herein.
“Program” means the Downtown Facade Redevelopment Grant Program pursuant to
resolution 09-08.
“Project” means the redevelopment of the Façade as described in Exhibit B.
“Property” means the parcel(s) in which the Project is taking place, as described in Exhibit A.
B. Construction of Words.
The words “hereof”, “herein”, “hereunder” and other words of similar import refer to this
Agreement as a whole.
Unless otherwise specified, references to Articles, Sections and other subdivisions of
this Agreement are to the designated Articles, Sections and other subdivisions of this
Agreement as originally executed.
The headings of this Agreement are for convenience of reference only and shall not
define or limit the provisions hereof.
C. Non-Limitation of City’s Remedies.
Nothing contained herein shall in any way limit the remedies of the City pursuant to other
sections of this Agreement and pursuant to law and equity in the Event of Default.
SECTION 2: COVENANTS AND RESTRICTIONS
A. Non-Discrimination. The Recipient agrees for itself and its successors and assigns, and
every successor in interest to the Property, or any part thereof, that the Recipient and such
successors and assigns, shall not discriminate in violation of all applicable Federal, State or
Local laws or regulations upon the basis of race, color, religion, sex, age or national origin in
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the sale, lease or rental, or in the use or occupancy of the Property or any improvements
erected or to be erected thereon, or any part thereof.
B. Duration of Covenants. It is intended and agreed that the covenants provided in Section 2 shall
remain effective without any time limitation, provided, that such agreements and covenants shall
be binding on the Recipient itself, each successor in interest to the Property, and in every part
thereof, and each party in possession or occupancy, respectfully, only for such period as such
successor or party shall have title to an interest in, or possession or occupancy of the Property.
C. Guarantees. The Recipient agrees for itself, its successors and assigns and every
successor in interest to the Property or any part thereof, that the Recipient and such assigns
shall guarantee the Project shall begin within 180 days from the date this Agreement is
executed and shall use its best efforts to cause said improvements to be in accordance with
the Construction Documents approved by the City. A Project description is attached hereto
as Exhibit B and incorporated herein by this reference.
D. Covenants Running with the Land. It is intended and agreed that the covenants referred to
above shall be covenants running with the land and that they shall in any event be binding to
the fullest extent permitted by law and equity, for the benefit and in favor of and enforceable
by the City, its successors and assigns, and the City, the State of Illinois, and the United
States of America with regard to Section 2A of this Agreement, and against the Recipient, its
successors and assigns and every successor in interest to the Property or any part thereof
or any interest therein, and any party in possession or occupancy of the Property or any part
thereof.
E. Binding for the Benefit of the City. It is also intended and agreed that the foregoing agreements
and covenants running with the land shall in any event and without regard to technical
classification or designation legal or otherwise itself be to the fullest extent permitted by law and
equity binding for the benefit of the City and enforceable by the City and the State of Illinois and
the United States against the Recipient and its successors, assigns to or of the Property or any
part thereof or any interest therein.
F. This Agreement shall be governed by the State of Illinois and the parties agree that Knox
County is and will be the appropriate venue for the hearing of any dispute relating to this
Agreement.
SECTION 3: CITY AND GDC OBLIGATION
A. The City and GDC shall provide to Recipient reimbursable grants not to exceed the total
amount of $40,000.00 or fifty percent of the façade Project cost specified in Exhibit C,
whichever is less for the Project as described in Exhibit B (hereinafter both grants referred to
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as the “Grant”). Said Grant will be available to the Recipient for the expenses as outlined in
Exhibit C. Payment to the Recipient shall be in the form of a reimbursement of expenses
paid the by Recipient. Grant reimbursements, to the maximum extent possible, will be made
by the City and GDC within 30 business days of the date the Certification for
Reimbursement of Facade Grant was received by the City and GDC.
SECTION 4: RECIPIENT’S OBLIGATION AND RIGHTS
A. Guarantees. In consideration of the Grant to be provided, the Recipient guarantees the
construction of the project. Specifically, Recipient guarantees the activities as outlined in
Exhibit B shall be completed at the estimated cost of $ 115,236.00, as outlined in Exhibit C.
B. Submission of Construction Documents. Prior to commencement of construction the
Recipient shall submit to the City for its approval, which approval shall not be unreasonably
withheld, Construction Documents prepared by an Illinois licensed design professional that
are of sufficient clarity to indicate the location, nature and extent of the work proposed as
outlined in EXHIBIT B.
C. Conformance to Construction Documents. All work with respect to the Project to be
construed or provided by the Recipient on the Property shall be in substantial conformity
with the Construction Documents and Project description as outlined in EXHIBIT B.
D. Conformance to Federal, State and Local Requirements. All work with respect to the Project
shall conform to all applicable Federal, State and Local laws, regulations and ordinances
including, but not limited to construction codes, life safety code and Illinois Accessibility
Code.
E. Changes in Construction Documents. If the Recipient desires to make any substantial change in
the Construction Documents which significantly affects the appearance, function, or structural
integrity of the Project, whether prior to, or subsequent to the funding of the Grant, the Recipient
shall submit the proposed change to the City for its approval.
F. Improvements, Commencement and Completion Requirements.
1. Commencements. The Recipient agrees for itself, its successors and assigns that it shall
begin within 180 days from the date this Agreement is executed and diligently prosecute
to completion the redevelopment of the Property through the construction of the Project
thereon pursuant to the approved Construction Documents and in accordance with
approved changes.
2. Compliance. The Recipient agrees for itself, its successors and assigns that the
construction of the Project shall be in compliance with applicable Federal, State and
Local laws, regulations and ordinances. All construction permits are secured and all
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associated fees are paid prior to the onset of work and all completed work shall pass
appropriate inspections of applicable reviewing agency.
3. Remedies. In addition to all the available remedies provided by this Agreement, the City
shall have all available remedies pursuant to law and equity to remedy defects and
recover damages in the event of any violation of subparagraphs F1 and F2 immediately
preceding.
4. Lien Waivers. All contracts payable from Grant funds shall provide that all contractors
and subcontractors furnish contractor's affidavits in the form provided by state statute
and that waivers of lien be required for all payments made.
G. Financing Authorization and Commitment. Prior to any disbursement of Grant funds by the
City, the Recipient shall submit to the City evidence that the Recipient has the appropriate
authorization to proceed, and has sufficient funds available or financing in place to cover the costs
associated with the private share of the project.
H. Progress Reports. Until construction of the Project has been completed, the Recipient shall
make progress reports to the City when milestone dates are achieved, or upon special requests
of the City in such detail as may be reasonably requested by the City.
I.
The Recipient shall agree to work with and cooperate with the City to inform the public about the
Project.
J. Maintenance and Alteration.
1. The Recipient, its successors and assigns, shall maintain the façade improvements for a
period of five (5) years from the date of the final Grant reimbursement.
2. The Recipient, its successors and assigns, shall not alter, modify or remove facade
improvements for a period of five (5) years from the date of the final Grant reimbursement
without written approval from the City.
SECTION 5: REPRESENTATIONS OF THE RECIPIENT
The Recipient represents, warrants and agrees as the basis for the undertakings on its
part herein contained that:
A. Organizational and Authorization.
The Recipient is:
Mark A. Kleine d/b/a MAK Properties of Illinois, LLC
Galesburg, IL 61401
B. Use of Proceeds.
All of the proceeds from the Grant funds will be used for the façade renovation costs of
the Project as provided for herein.
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C. Location of the Project.
The Project will be located on the Property, as described in Exhibit A.
D. Estimated Costs.
The Estimated Cost of the Project is set forth in Exhibit C attached hereto.
E. Changes in Acquisition or Construction of Project.
The Project consists and will consist of the property described in Exhibit A attached
hereto and no changes shall be made in the construction of the Project which will have the
effect of impairing the effective use or character of the Project as contemplated by this
Agreement.
F. Conformance with Requirements and Regulation.
The Recipient has examined and is familiar with all the covenants, conditions,
restrictions, building regulations and zoning ordinances and land use regulations including
those contained herein affecting the Property and the Project, and covenants that the
Construction Documents and the construction of the improvements in accordance with the
Construction Documents do and will in all respects conform to and comply therewith.
SECTION 6: ADDITIONAL COVENANTS OF THE RECIPIENT
A. Indemnification Covenants. The Recipient agrees for itself, its successors and assigns, to
indemnify and save the City and its officers and employees harmless against all claims by or on
behalf of any person, firm or corporation arising from the conduct or management of, or from any
work or thing done on, the Project while the Property remains in existence and against and from
all claims arising from (i) any condition of the Project (ii) any breach or default on the part of the
Recipient or its successors and assigns in the performance of any of its obligations under this
Agreement (iii) any act of negligence of the Recipient or of any of its agents, contractors,
servants, employees or licensees, (iv) any act of negligence of any assignee or lessee of the
Recipient, or of any agents, contractors, servants, employees or licensees of any assignee or
lessee of the Recipient, or (v) any performance by the City of any act required under this
Agreement or required by the Recipient or its successors and assigns other than negligent or
willful misconduct of the City. The Recipient agrees to indemnify and save the City harmless
from and against all costs and expenses incurred in or in connection with any such claim
arising as foresaid or in connection with any action or proceeding brought thereon. In case
any such claim is made or action brought based upon any such claim in respect of which
indemnity may be sought against the Recipient, upon receipt of notice in writing from the City
setting forth the particulars of such claim or action, the Recipient shall assume the defense
thereof including the employment of counsel and the payment of all costs and expenses. The
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City shall have the right to employ separate counsel in any such action and to participate in the
defense thereof, but the fees and expenses of such counsel shall be at the expense of the City
unless the employment of such counsel has been specifically authorized by the Recipient.
B. Insurance. The Recipient shall agree to keep and maintain its property insured for its full
insurable value against loss or damage by fire, theft, explosion, sprinklers and all other
hazards and risks ordinarily insured against by other owners or users of such properties in
similar business. All insurance policies shall contain an endorsement that the insurance
company shall provide the City at least 30 days prior written notice before any such policy
shall be altered or canceled.
C. Maintenance and Repair. The Recipient agrees that it will maintain and repair the
Project in accordance with the requirements of this Agreement.
SECTION 7: GRANT ASSISTANCE
A. Grant Assistance to the Recipient. The City and the GDC agree, upon the terms and
conditions in this Agreement, to make available an amount not to exceed $40,000.00 or fifty
percent of the façade Project, whichever is less for the façade Project as described in
Exhibit B. The Grant funds shall not exceed the costs specified in Exhibit C.
B. Permitted Expenditures. No Grant funds may be disbursed from the City to Recipient unless
they are for the purpose of paying the costs which are permitted by the Program as it may be
amended from time to time.
C. Disbursement from Grant Fund. At the request of and on behalf of the Recipient, the City,
pursuant to the terms and conditions of this Agreement shall through disbursements from
the appropriate Tax Increment Financing Fund, to the extent of funds available, reimburse to
the Recipient for the costs incurred for the Project as set forth on Exhibit C attached hereto.
D. Modification of Expenditures. The items set forth on Exhibit C may be modified by
increasing or decreasing the cost of a particular item by adding or deleting items from the list
provided. However, the total amount to be funded shall not exceed $115,236 (One Hundred
Fifteen Thousand Two Hundred Thirty Six and No Cents) and further, provided that any
such modification shall conform to the requirements of subsection 7B and the requirements
of this Agreement. All requests for modification shall be in writing to the City. If such
modification conforms to the requirements of this Agreement, the City shall approve the
proposed change and process the request for reimbursement.
E. Conditions Precedent to Disbursement. Prior to the initial reimbursement payment, unless
waived by the City in writing, Recipient will furnish to the City the following, all to be
satisfactory in both form and substance to the City, which shall be conditions precedent to
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the City's disbursement of Grant funds. Any item, the production of which has not been
waived by the City, shall be furnished by the Recipient to the City as soon as reasonably
available.
1. Necessary and appropriate construction permits;
2. Organization documents and filings for the Recipient and all resolutions necessary to effect
the obligations of the Recipient pursuant to this Agreement;
3. Satisfactory proof that policies of insurance of all types and coverages required under
the term of this Agreement have been obtained and are in force;
4. Contracts and subcontracts covering the construction of the Project;
5. Labor, material, performance and payment bond or bonds issued by a Company
acceptable to the City for any contractor, subcontractor or subcontractors, with the City
named as dual obligee;
6. Internal Revenue Service and Illinois taxpayer identification numbers for Recipient;
7. Evidence satisfactory to the City that Recipient holds fee simple title to the Property
subject only to the encumbrances of the First Mortgage or holds valid options to acquire
fee simple title to the Property subject to the above noted encumbrances;
8. Evidence of funds available for completion of the Project;
9. Requests for Reimbursements. Concurrently with the request for any Grant
disbursement, Recipient shall have their Architect furnish to the City, separately with
respect to each disbursement request, an Application and Certificate for Payment duly
signed with all blanks appropriately filled in setting forth such details concerning the costs
contained therein as the City shall require. Such request shall include a detailed breakdown
of any costs associated with the project showing the amount expensed to date and the
amounts then due and unpaid, and receipted invoices and/or releases or waivers of lien
forms approved by the City from each material dealer, contractor and subcontractor who
has done work or has furnished materials for construction of the Project, including but
without limitation those covered by each such an Application and Certificate for Payment
of Façade Grant. Such request shall also include properly executed Certified Transcript
of Payroll by all contractors and subcontractors indicating compliance with the Illinois
Prevailing Wage Act, including but without limitation, those pay periods covered by each
such an Application and Certificate for Payment of Facade Grant.
F. Time for Payment of Requisitions. If the City shall so require, thirty (30) days shall intervene
between the date of receipt by City of an Application and Certificate for Payment of Façade
Grant and the date upon which the City shall be obligated to effect such reimbursement.
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SECTION 8: CONSTRUCTION OF THE IMPROVEMENTS
A. Commencement and Completion. Recipient shall cause construction of the Project to be
commenced and to be prosecuted with due diligence and in good faith, and without delay.
Recipient shall cause Project to be constructed in a good and workmanlike manner in
accordance with the Construction Documents and in all respects in compliance with all
applicable laws, rules, permits, requirements and regulations of any government agency or
authorities having or exercising jurisdiction over the Property or the Project and will not
cause, permit or allow any substantial deviation form the Construction Documents without
prior written consent of the City.
B. Contract Prohibitions. Unless otherwise previously agreed by the City in writing, all contracts let
by Recipient or Recipient's contractor in connection with construction of the Project shall contain
a prohibition against any material change in the Construction Documents involving a structural,
square footage, design change or other substantial change without the City's prior written
consent being had thereto.
SECTION 9: LIABILITY INSURANCE
Prior to any Grant disbursement, Recipient or Recipient’s contractor shall procure and deliver
to the City at Recipient's or such contractor's cost and expense, and shall maintain in full force
and effect until each and every obligation of Recipient contained herein has been fully paid, or
performed, a policy or policies of comprehensive liability insurance and during any period of
construction contractor's liability insurance with liability coverage under the comprehensive liability
insurance to be not less than $1,000,000 (One Million Dollars) each occurrence and $1,000,000
(One Million Dollars) total. All such policies to be in such form and issued by such companies as
shall have been approved by the City to protect the City and Recipient against any liability incidental
to the use of or resulting from any accident occurring in or about the Project or the construction and
improvements thereof. Each such policy shall contain an affirmative statement by the issuer
thereunder to give written notice to the City at least 30 (thirty) days prior to any cancellation or
amendment of its policy.
SECTION 10: RIGHTS OF INSPECTION
The City or its designee shall have the right at any time and from time to time to enter
upon the Property for the purposes of inspection and if the City in its judgment, determines
that any work and materials are not in conformity with the Construction Documents, as the
same were theretofore approved in writing by the City, or with any applicable laws,
regulations, permits, requirements or rules of any governmental authority having or
exercising jurisdiction thereover or not otherwise in conformity with sound building practice, the
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City shall have the right to stop the work and to order replacement of correction of any such
work or materials regardless of whether or not such work or materials have theretofore been
incorporated into the Project. Inspection by the City of the Property or the Project shall be for
the sole purpose of protecting the security for the Grant assistance and shall not be construed
as a representation by the City that there has been compliance with the Construction
Documents or that the Project will be or are free of faulty materials or workmanship, or a
waiver of any rights the City or any other party may have against Recipient or any other party
for non-compliance with the Construction Documents.
SECTION 11: PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
A. Representation as to Purpose. The Recipient represents and agrees that its redevelopment
of the Property, and its other undertakings pursuant to this Agreement, are, and will be
used, for the redevelopment of the Property only.
B. Prohibition Against Transfer of Property and Assignment of Agreement. The Recipient
represents and agrees for itself and its successors and assigns that:
1. Prohibitions. Except only by way of security for a First Mortgage and only for the purpose
of obtaining financing necessary to enable the Recipient or any successor in interest to
the Property, or any part thereof, to perform its obligations with respect to making the
Project under this Agreement, the Recipient (except as so authorized) has not made or
created, and it will not, prior to receipt of the certificate of occupancy from the City,
make or create, or suffer to be made or created, any total or partial sale,
assignment, conveyance, or lease, or any trust or power, or transfer in any other mode
or form of or with respect to the Agreement or the Property, or any part thereof or any
interest therein, or any contract or agreement to do any of the same, except for utility
easements, without prior written approval of the City.
2. Conditions for Approval. The City shall be entitled to require, except as otherwise provided in
this Agreement, as conditions to any such approval that:
a. Any proposed transferee shall have the qualifications and financial responsibility, as
determined by the City, necessary and adequate to fulfill the obligations undertaken in
this Agreement by the Recipient (or, in the event the transfer is of or related to part of the
Property, such obligations to the extent that they relate to such part.)
b. Any proposed transferee, by instrument in writing satisfactory to the City and in a form
recordable among the real property records, shall for Itself and its successors and
assigns, and expressly for the benefit of the City, have expressly assumed all of the
obligations of the Recipient under this Agreement and agreed to be subject to all the
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conditions and restrictions to which the Recipient is subject (or, in the event the transfer
is of or relates to part of the Property, such obligations, conditions and restrictions to the
extent that they relate to such part); Provided, that the fact that any transferee of, or any
other successor in interest whatsoever, to the Property or any part thereof, shall,
whatever the reason, not have assumed such obligations or so agreed, shall not (unless
and only to the extent otherwise specifically provided in the Agreement or agreed to in
writing by the City) relieve or except such transferee or successor of or from such
obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any
rights or remedies or controls with respect to the Property or the construction of the
Project; it being the intent of this, together with other provisions of this Agreement, that
(to the fullest extent permitted by law and equity and excepting only in the manner and to
the extent specifically provided otherwise in this Agreement) no transfer of, or change
with respect to, ownership in the Property of any part thereof, or any interest therein,
however consummated or occurring, and whether voluntary or involuntary, shall operate
legally or practically, to deprive or limit the City of, or with respect to, any rights or
remedies or controls provided in or resulting to the Property and the construction of the
Project that the City would have had, had there been no such transfer or change.
3. The Recipient and its transferee shall comply with such other conditions as the City may
find desirable in order to achieve and safeguard the purposes of the Real Property Tax
Increment. Provided, that in the absence of specific written agreement by the City to the
contrary, no such transfer or approval by the City thereof shall be deemed to relieve the
Recipient, or any other party in interest bound in any way by the Agreement or otherwise
with respect to the construction of the Project, from any of its obligations with respect
thereto.
SECTION 12: EVENTS OF DEFAULT AND REMEDIES
A. Events of Default. The following shall be Events of Default with respect to this Agreement:
1. If any material representation made by the Recipient in this Agreement, or in any certificate,
notice, demand or request made by the Recipient, in writing and delivered to the City
pursuant to or in connection with any of said documents shall prove to be untrue or incorrect
in any material respect as of the date made; or
2. Default in the performance or breach of any covenant contained in this Agreement concerning
the covenant of Recipient with regard to its existence and ownership of the Property; or
3. Default in the performance or breach of any other covenant, warranty or obligation of the
Recipient in this Agreement and continuance of such default or breach for a period of 30
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(thirty) days after Recipient has actual knowledge thereof; or
4. The entry of a decree or order for relief by a court having jurisdiction in the premises in
respect of the Recipient in an involuntary case under the federal bankruptcy laws, as now or
hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency or
other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee,
sequestrator (or similar official) of the Recipient for any substantial part of its property, or
ordering the winding-up or liquidation of its affairs and the continuance of any such decree or
order unstayed and in effect for a period of 60 (sixty) consecutive days; or
5. The commencement by the Recipient of a voluntary case under the Federal bankruptcy
laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy,
insolvency or other similar law, or the consent by any such entity to the appointment of or
taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or
other similar official) of the Recipient or of any substantial part of such entity's property, or
the making by any such entity of any assignment for the benefit of creditors or the failure of
the Recipient generally to pay such entity's debts as such debts become due or the taking of
action by the Recipient in furtherance of any of the foregoing.
B. Remedies on Default
1. In the event of any default in or breach of this Agreement, or any of its terms or
conditions, by the Recipient or any successors or assigns, the Recipient shall repay to
the City a portion of the Grant amount received according to the following formula:
60 months –
(months elapsed from date Grant funds received)
Grant funds
X
received
Repayment
=
Amount
60 months
Upon receipt of the repaid Grant amount, the City will process and forward to the GDC
their respective share of the repaid Grant, when applicable.
2. Except as otherwise provided in this Agreement, in the event of any default in or breach
of this Agreement, or any of its terms or conditions, by either party hereto or any
successors to such party, such party or successor, upon written notice from the
other, shall take immediate action to cure or remedy such default or breach, and, in any
event, within 60 (sixty) days after receipt of such notice. In case such action is not taken, or
not diligently pursued, or the default or breach shall not be cured or remedied within a
reasonable time, the aggrieved party may institute such proceedings as may be
necessary or desirable in its opinion to cure or remedy such default or breach, including
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but not limited to, proceedings to compel specific performance by the party in default or
breach of its obligations.
3. In case the City shall have proceeded to enforce its rights under this Agreement and such
proceedings shall have been discontinued or abandoned for any reason or shall have been
determined adversely to the City, then and in every such case the Recipient and the City shall
be restored respectively to their several positions and rights hereunder, and all rights,
remedies and powers of the Recipient and the City shall continue as though no such
proceedings had been taken.
C. Agreement to Pay Attorney’s Fees and Expenses. In the event the Recipient should default
under any of the provisions of this Agreement and the City should employ attorneys or incur other
expenses for the collection of the payments due under this Agreement or the enforcement of
performance or observance of any obligation or agreement on the part of the Recipient herein
contained the Recipient agrees that it will on demand therefore pay to the City the reasonable
fees of such attorneys and such other expenses so incurred by the City.
In the event the City should default under any of the provisions of this Agreement and the
Recipient should employ attorneys or incur other expenses for the collection of the payments
due under this Agreement or the enforcement of performance or observance of any obligation or
agreement on the part of the Recipient herein contained the City agrees that it will, on demand
therefore, pay to the Recipient the reasonable fees of such attorneys and such other expenses so
incurred by the Recipient.
SECTION 13: OTHER RIGHTS AND REMEDIES OF CITY AND RECIPIENT
A. No Waiver by Delay. Any delay by the City or the Recipient in instituting or prosecuting any
actions or proceedings or otherwise asserting its rights shall not serve to waive or to
deprive it of or limit such rights in any way (it being the intent of this provision that the City or
Recipient should not be constrained so as to avoid the risk of being deprived of or limited in
the exercise of the remedy provided in this Section because of concepts of waiver, lathes or
otherwise) to exercise such remedy at a time when it may still hope to otherwise resolve the
problems created by default involved; nor shall any waiver in fact made by the City or
Recipient with respect to any specific default by the Recipient or the City under this Section
be considered or treated as a waiver of the rights of the City or the Recipient with respect to
any other defaults by the Recipient, or the City under this Section or with respect to any
defaults under any Section in this Agreement or with respect to the particular default, except to
the extent specifically waived in writing by the City or the Recipient.
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B. Rights and Remedies Cumulative. The rights and remedies of the parties to this Agreement
(or their successors in interest) whether provided by law or by this Agreement, shall be
cumulative, and the exercise by either party of any one or more of such remedies shall not
preclude the exercise by it, at the time or different time, of any such remedies for the same
default or breach by the other party. No waiver made by either such party with respect to the
performance, nor the manner of time thereof, or any obligation of the other party or any
condition as to its own obligation under this Agreement shall be considered a waiver of any
rights of the party making the waiver with respect to the particular obligation of the other party or
condition to its own obligation beyond those expressly waived in writing and to the extent
thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or
any other obligations of the other party.
SECTION 14: DELAY IN PERFORMANCE
For the purposes of any of the provisions of this Agreement except regard to payment of
real property taxes or guarantees as provided herein, neither the City, nor the Recipient, as the case
may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations
with respect to the preparation of the Property for redevelopment, or the beginning and completion
of construction of the Project, or progress in respect thereto, in the event of enforced delay in the
performance of such obligations due to unforeseeable cause beyond its control and without its fault
or negligence, including, but not restricted to acts of God, acts of the public enemy, acts of federal,
state or local government, acts of the other party, fires, floods, epidemics, quarantine restrictions,
strikes, embargoes, acts of nature, unusually severe weather or delays of subcontractors due to
such causes; it being the purpose and intent of this provision that in the event of the occurrence of
any such enforced delay, the time or times for performance of the obligations of the City with respect
to the preparation of the Property for the redevelopment Project or of the Recipient with respect to
construction of the Project as the case may be, shall be extended for the period of the enforced
delay. Provided, that the party seeking the benefit of the provisions of this Section, shall, within 10
(ten) days after the beginning of any such enforced delay, have first notified the other party thereof
in writing, of the cause or causes thereof, and requested an extension of the period of enforced delay.
Such extensions of schedule shall be agreed to in writing by the parties hereto.
SECTION 15: EQUAL EMPLOYMENT OPPORTUNITY
The Recipient, for itself and its successors and assigns, agrees that during the construction of
the Project provided for in this Agreement that the following will apply:
A. Non-Discrimination. The Recipient will not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, or national origin. The Recipient will take
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affirmative action to insure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or national origin. Such action shall
include but not be limited to, the following: employment, upgrading, demotion, transfer,
recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The Recipient agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
City setting forth the provisions of this non-discrimination clause.
B. Advertising. The Recipient will, in all solicitations or advertisements for employees placed by or
on behalf of the Recipient, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
C. Non-Compliance. In the event of the Recipient’s non-compliance with the non-discrimination
clauses of this Section, this Agreement may be canceled, terminated, or suspended in whole or in
part.
D. Mandatory Inclusions of Provisions. The Recipient will include the provisions of Paragraphs " A "
through " C " of this Section in every contract or purchase order, and will require the inclusions of
these provisions in every subcontract entered into by any of its contractors, unless exempted by
rules, regulations, so that such provisions will be binding upon each such contractor,
subcontractor, or vendor as the case may be.
SECTION 16: PREVAILING WAGE RATES
The Recipient for itself and its successors and assigns:
A. Understands that any construction work, that is funded with the Grant assistance provided by the
City, is subject to the provisions of the Prevailing Wage Act of the State of Illinois (820 ILCS
130/1 et seq.). Said Act provides for the payment of the prevailing rate of wage to all
laborers, workers and mechanics engaged on the work.
B. Agrees to require contractors and their subcontractors to conform with said laws for any
work funded with the Grant assistance.
C. Agrees to indemnify the City for any and all violations of said laws and any rules and
regulations now or hereinafter issued pursuant to said laws.
D. Understands the Act requires the following:
1. Workers shall be paid general prevailing wage rate for regular hours, legal holidays and
overtime work.
2. Contractor shall post the prevailing wage rates at the construction site.
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3. Contractor shall make and keep for a period of not less than three years certified
payrolls for the project.
4. Contractors and subcontractors shall submit Certified Transcript of Payroll to the
Recipient, who shall then have their Architect forward said certified payrolls to the City
indicating compliance with the Illinois Prevailing Wage Act, with each submittal of an
Application and Certificate for Payment of Façade Grant.
5. Recipient shall verify with the Illinois Department of Labor prior to start of construction that
all contractors and subcontractors who will work on the project have not been placed on the
State's list of contractors who have disregarded the state labor standards.
SECTION 17: TITLES OF ARTICLES AND SECTIONS
Any titles of the several parts, Articles and Sections of this Agreement are inserted for
convenience of reference only and shall be disregarded in construing or interpreting any of its
provisions.
SECTION 18: CONFLICT OF INTEREST
No member, officer, or employee of the City or its designees or agents and no member of the
governing body of the City during his or her tenure or for one year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract or the proceeds thereof, with respect to which this
Agreement shall apply.
SECTION 19: NOTICES
All notices, requests, demands and other communications to be given to any party
hereunder shall be in writing and shall be deemed to have been duly given when personally
delivered or deposited in the United States mail, certified or registered mail, return receipt
requested, postage prepaid, addressed to the parties at the following addresses (or at such
other address as shall be given in like manner by any party to the other):
City of Galesburg:
Recipient:
City of Galesburg
55 West Tompkins Street
Galesburg, IL. 61401
Mark A. Kleine
Galesburg, IL 61401
SECTION 20: COUNTERPARTS
If the Agreement is executed in two or more counterparts, each shall constitute one and the
same instrument and each shall be recognized as an original instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement and caused their
respective seals to be affixed and attested thereto as of the date first written above in this
Agreement.
City of Galesburg
A municipal corporation
Galesburg Downtown Council
By:
By:
Its:
Mayor
Its:
President
Attest:
Attest:
Façade Advisory Commission
By:
Its:
Chairperson
Attest:
Recipient
By:
Its:
Attest:
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EXHIBIT A
PROPERTY DESCRIPTION
That part of Lots 1 and 2 in Block 27 according to the Original Plat of the
Town (now City) of Galesburg bounded and described as follows: Beginning
at a point on the North line of said lots, 90 feet 7 ¾ inches West of the
Northeast corner of Lot 1, aforesaid, thence Southerly 136.5 feet, more or less,
to the North line of an alley at a point 90 feet 10 ¾ inches West of the East
line of said Lot 1, thence East along the North line of the alley to a point 60.74
feet West of the East line of said Lot 1, thence Northerly to a point on the
North line of said lots, 60.44 feet West of the Northeast corner of said Lot 1,
thence West along the North line of said lots to the point of beginning.
COMMONLY KNOWN AS: 246 East Main Street, Galesburg, IL 61401
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EXHIBIT B
PROJECT DESCRIPTION
Scope: Work involves renovation on the front (north) and rear (south) façades of the building at
246 East Main Street.
The rear façade will be tuckpointed and painted, and will include three bricked in areas on the
lower part of the building. All new double hung bronze colored windows.
The front of the building will get all new upper low-E glass and storefront framing, the framing
will be done in black painted surface. The entrance of the building will be moved to within three
feet of the sidewalk area. The entrance will contain all low-E glass with black painted surface
framing to match the upper configuration. The doors will be eight feet in height and include grid
work at the glazing. The lower stub wall will be covered in limestone. The upper windows will be
fixed and the mullion between the transom and lower windows will be wider than the other
mullions and pushed out to provide a relief line. Signage will include gold lettering on the
glazing.
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EXHIBIT C
COSTS OF PROJECT
DESCRIPTION OF WORK AND/OR MATERIAL
FLOOR REMOVAL, LEVELING INSTALL LIMESTONE,TILE
INFILL THREE OPENINGS AT REAR OF BUILDING
INSTALL WINDOWS AND FRONT DOORS
COST
$26,000
$4,500
$46,400
PAINT AND TUCKPOINT REAR
$ 5,525
FRAME FRONT WALLS AND CEILING AND INSTALL FINISH MATERIAL
$ 6,700
DEMO FRONT OF BUILDING
$6,450
INSTALL LIGHTING AND TIMERS
$3,185
CONTINGENCIES
$10,476
SOFT COSTS
ARCHITECT/ENGINEERING FEES
TOTAL FACADE PROJECT COSTS
$ 6,000
$ 115,236.00
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TOWN OF THE CITY OF GALESBURG
Date:
September 6, 2011
Agenda Number:
TOWN FUND
$10,818.12
GENERAL ASSISTANCE FUND
$8,339.13
IMRF FUND
$3,215.09
SOCIAL SECURITY & MEDICARE FUND
LIABILITY FUND
AUDIT FUND
TOTAL
$22,372.34
11-9020
TOWN FUND
Return to Agenda
PAYMENT DUE REPORT
SEPTEMBER 19, 2011
Vendor ID
TESRI
Vendor
ESRI
TESRI
ESRI
THILTON HOTEL
HILTON HOTEL
THILTON HOTEL
Invoice/CM #
92381198
1,300.00
Amount Due
1,300.00
1,300.00
1,300.00
109.76
109.76
HILTON HOTEL
109.76
109.76
TR & K WINDOW
R & K WINDOW CLEANING August 2011
150.00
150.00
TR & K WINDOW
R & K WINDOW CLEANING
150.00
150.00
TRECORD
Carol Hallam Recorder
28.00
28.00
TRECORD
Carol Hallam Recorder
28.00
28.00
TVERIZON
VERIZON WIRELESS
38.01
38.01
TVERIZON
VERIZON WIRELESS
38.01
38.01
TWEST CENTRAL IL ASS
WEST CENTRAL IL ASSOC 3862
12.00
12.00
12.00
12.00
1,637.77
1,637.77
Sept 2011
Aug. 2011
2623565649
TWEST CENTRAL IL ASS WEST CENTRAL IL ASSOC
Report Total
TOWN FUND
$1,637.77
9,180.35
PAYROLL
$10,818.12
9/13/2011 at 4:18 PM
Page: 1
TOWN OF THE CITY OF GALESBURGReturn to Agenda
PAYMENT DUE REPORT
Sep 9, 2011
Vendor ID
ASASBURY
Vendor
ROBERT ASBURY
ASASBURY
225.00
Amount Due
225.00
ROBERT ASBURY
225.00
225.00
ASCARVER COMM.
CARVER COMM. ACTION A 14424
100.00
100.00
ASCARVER COMM.
CARVER COMM. ACTION A
100.00
100.00
ASKCHA
KNOX CO. HOUSING AUTH 14425
38.00
38.00
ASKCHA
KNOX CO. HOUSING AUTH
38.00
38.00
ASPOWER
ASPOWER
AMEREN ILLINOIS
AMEREN ILLINOIS
200.00
82.00
200.00
82.00
ASPOWER
AMEREN ILLINOIS
282.00
282.00
ASRIGDON
GLENN A. RIGDON
245.00
245.00
ASRIGDON
GLENN A. RIGDON
245.00
245.00
890.00
890.00
Report Total
9/13/2011 at 4:19 PM
Invoice/CM #
14420
14421
14422
14423
Page: 1
PAYMENT DUE REPORT
SEPTEMBER 19, 2011
Vendor ID
ASBRIDGEWAY
ASBRIDGEWAY
Vendor
BRIDGEWAY, INC
BRIDGEWAY, INC
ASBRIDGEWAY
BRIDGEWAY, INC
ASHYVEE
ASHYVEE
ASHYVEE
HY-VEE #1216
HY-VEE #1216
HY-VEE #1216
ASHYVEE
HY-VEE #1216
ASPOWER
ASPOWER
AMEREN ILLINOIS
AMEREN ILLINOIS
ASPOWER
56.69
22.45
Amount Due
56.69
22.45
79.14
79.14
29.79
99.28
44.31
29.79
99.28
44.31
173.38
173.38
62.00
150.00
62.00
150.00
AMEREN ILLINOIS
212.00
212.00
ASTURNER
ASTURNER
ASTURNER
ASTURNER
ASTURNER
ASTURNER
ASTURNER
TURNER PRESCRIPTION C12914
48.84
263.92
426.49
47.53
69.49
18.49
20.28
48.84
263.92
426.49
47.53
69.49
18.49
20.28
ASTURNER
TURNER PRESCRIPTION C
895.04
895.04
ASVANCE
Kenneth E. & Doris A. Vance14428
245.00
245.00
ASVANCE
Kenneth E. & Doris A. Vanc
245.00
245.00
V R & K WINDOW CLEAN
R & K WINDOW CLEANING August 2011
150.00
150.00
9/13/2011 at 4:18 PM
Invoice/CM #
12895
12903
12923
12616
12623
14426
14427
Page: 1
PAYMENT DUE REPORT
SEPTEMBER 19, 2011
Vendor ID
Vendor
Invoice/CM #
V R & K WINDOW CLEAN R & K WINDOW CLEANING
150.00
Amount Due
150.00
VBLUCKER, KNEER
BLUCKER,KNEER & ASSOC92234
180.00
180.00
VBLUCKER, KNEER
BLUCKER,KNEER & ASSO
180.00
180.00
vCarl Sandburg Coll
Carl Sandburg College
135.00
135.00
vCarl Sandburg Coll
Carl Sandburg College
135.00
135.00
2,069.56
2,069.56
890.00
Sept 2011
Report Total
Total 9/9/11
2,959.56
G. A. FUND
$2,959.56
5,379.57
PAYROLL
$8,339.13
9/13/2011 at 4:18 PM
Page: 2
IMRF FUND
Return to Agenda
PAYMENT DUE REPORT
SEPTEMBER 19, 2011
Vendor ID
IIMRF
Vendor
IMRF
IIMRF
IMRF
Report Total
9/13/2011 at 4:18 PM
Invoice/CM #
Sept 2011
3,215.09
Amount Due
3,215.09
3,215.09
3,215.09
3,215.09
3,215.09
Page: 1
Return to Agenda
11-9021
TRUSTEE LETTER
TOWN OF THE CITY OF GALESBURG
SEPTEMBER 19, 2011
AGENDA ITEM: Proposal recommendation for independent auditing services for the
Town of the City of Galesburg’s annual financial audit for the fiscal year ending
12/31/11.
SUMMARY RECOMMENDATION: It is recommended by the Township Supervisor
that the Town Board approve the sole proposal submitted by Blucker, Kneer &
Associates, Ltd. in the amount of $6,000 for independent auditing services for the year
ending December 31, 2011.
BACKGROUND: The Town of the City of Galesburg is required by law to have an
annual audit conducted by an independent audit firm. At the Town of the City of
Galesburg’s Annual Town meeting held April 12, 2011, township constituents asked staff
to seek proposals from area audit firms.
BUDGET IMPACT: Auditing fee services will not exceed $6,000.
1. Blucker, Kneer & Associates, Ltd. proposal
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Return to Agenda
Return to Agenda
Return to Agenda
Return to Agenda

Galesburg City Council Regular Meeting

Transcription

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