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HomeMy WebLinkAbout11.18.19 AGENDA City Council Monday, November 18, 2019 Lorraine H. Morton Civic Center, James C. Lytle City Council Chambers, Room 2800 6:00 PM Page (I) ROLL CALL - BEGIN WITH ALDERMAN RAINEY (II) CITY MANAGER PUBLIC ANNOUNCEMENTS City Council Equity Training conducted by Northwestern University Professor Alvin Tillery (III) SPECIAL ORDERS OF BUSINESS SP1. Ordinance 141-O-19, Authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 633 Howard Street with 633 Outpost, LLC, doing business as “Estación” The Economic Development Committee recommends City Council adoption of Ordinance 141-O-19 authorizing the City Manager to negotiate the lease of City-owned property located at 633 Howard Street. For Action Ordinance 141-O-19 Authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 633 Howard Street 7 - 36 Page 1 of 253 SP2. Ordinance 149-O-19, Approval of Fiscal Year 2020 Budget Staff recommends City Council adoption of Ordinance 149-O-19, approving the Fiscal Year 2020 Budget of the City of Evanston in the amount of $320,709,227. The budget is funded through a variety of revenue sources, including property taxes. For Introduction Ordinance 149-O-19, Approval of Fiscal Year 2020 Budget 37 - 45 SP3. Resolutions 110-R-19 through 115-R-19 - Debt Service Property Tax Abatements Staff recommends review and adoption of Resolutions 100-R-19 through 115-R-19 by the City Council, abating in the amount of $5,711,746 property taxes levied for the year 2019 to pay principal and interest on general obligation corporate purpose bonds.These resolutions can be introduced in one motion as stated above and approved through a single roll call vote. For Action Resolutions 110-R-19 through 115-R-19 - Debt Service Property Tax Abatements 46 - 102 SP4. Ordinance 99-O-19, Adding Section 20 to Establish the “Adult Use Cannabis Retailers’ Occupation Tax” Staff recommends City Council adoption of Ordinance 99-O-19 “Amending Title 3, Chapter 2, “Municipal Occupation Taxes” of the City of Evanston by Adding a New Section 20 ‘Adult Use Cannabis Retailers’ Occupation Tax’.” For Introduction Ordinance 99-O-19, Adding Section 20 to Establish the “Adult Use Cannabis Retailers’ Occupation Tax” 103 - 107 SP5. Ordinance 136-O-19, 2019 City of Evanston Tax Levy Staff recommends City Council adoption of Tax Levy Ordinance 136-O- 19, which levies the annual property tax for General Operations, Human Services Fund, Illinois Municipal Retirement Fund (IMRF), Police and Fire Pension Funds, and the Solid Waste Fund totaling $34,851,018 as extended (including 3% loss factor). This represents an increase of 10.8% over the 2018 levy of $31,458,362 as extended. For Introduction Ordinance 136-O-19, 2019 City of Evanston Tax Levy 108 - 120 Page 2 of 253 SP6. Ordinance 137-O-19, General Assistance 2019 Tax Levy Staff recommends City Council adoption of Tax Levy Ordinance 137-O- 19, which levies the annual property tax for General Assistance in the amount of $1,113,402 as extended (including 3% loss factor). This represents an increase of 21.2% over the 2018 levy of $918,367 as extended. For Introduction Ordinance 137-O-19, General Assistance 2019 Tax Levy 121 - 125 SP7. Ordinance 138-O-19, 2019 Evanston Library Fund Tax Levy The Library Board recommends City Council adoption of Tax Levy Ordinance 138-O-19, per Library Board action on October 27, 2019 which levies the annual property tax for the Evanston Public Library in the amount of $7,476,289 as extended (including 3% loss factor). This represents an increase of 8.5% over the 2018 levy of $6,887,755 as extended. For Introduction Ordinance 138-O-19, 2019 Evanston Library Fund Tax Levy 126 - 131 SP8. Ordinance 139-O-19, Special Service Area #4 2019 Tax Levy Staff recommends City Council adoption of Tax Levy Ordinance 139-O- 19, which levies the annual property tax for Special Service Area #4 in the amount of $592,665 ($610,995 as extended including loss factor of 3%). This represents an increase of 14.1% over the 2018 Levy of $525,000 ($535,714 as extended). For Introduction Ordinance 139-O-19, Special Service Area #4 2019 Tax Levy 132 - 173 SP9. Ordinance 140-O-19, Special Service Area #6 2019 Tax Levy Staff recommends City Council adoption of Tax Levy Ordinance 140-O- 19, which levies the annual property tax for Special Service Area #6 in the amount of $221,000 ($227,835 as extended including a loss factor of 3%). This represents a 1.0% increase over th e 2018 Levy as extended of $225,420. For Introduction Ordinance 140-O-19, Special Service Area #6 2019 Tax Levy 174 - 201 Page 3 of 253 SP10. Ordinance 154-O-19, Amending Various Chapters of Title 10, “Motor Vehicles and Traffic” Regarding Parking Violations Staff recommends City Council adoption of Ordinance 154-O-19, amending various Chapters of Title 10, "Motor Vehicles and Traffic" regarding parking violations. The Ordinance will realign parking fines in phases over the next two years with the maximum incr ease to a single violation being $10. The proposed realignment affects many of the lesser issued citations and is recommended to ensure consistency and uniformity among the various citation types. Additional amendments to the code in this ordinance improve the organization of the sections and simplify where the fines can be found (example: Snow Parking Ban - the fee stays the same, but the information is moving Sections). For Introduction Ordinance 154-O-19, Amending Various Chapters of Title 10, “Motor Vehicles and Traffic” Regarding Parking Violations 202 - 234 SP11. Ordinance 147-O-19, Administrative Tow Penalty Staff recommends City Council adoption of Ordinance 147 -O-19, an ordinance amending Title 10, Chapter 6 "To add an administrative penalty under certain circumstances involving a vehicle seizure an d impoundment". For Introduction Ordinance 147-O-19, Administrative Tow Penalty 235 - 244 SP12. Ordinance 150-O-19, Amending City Code Subsection 9-2-3 to Add Fire Department Emergency Incident Cost Recovery Fees Staff recommends City Council adoption of Ordinance 150-O-19, Amending City Code Subsection 9-2-3 to Add Fire Department Emergency Incident Cost Recovery Fees. For Introduction Ordinance 150-O-19, Amending City Code Subsection 9-2-3 to Add Fire Department Emergency Incident Cost Recovery Fees 245 - 250 SP13. Ordinance 151-O-19, Amending the Amusement Tax from 4% to 5% Staff recommends City Council adoption of Ordinance 151-O-19, amending the amusement tax to increase the rate assessed from 4% to 5% of the admission fee or charge, effective on January 1, 2020. For Introduction Ordinance 151-O-19, Amending the Amusement Tax from 4% to 5% 251 - 253 (IV) MAYOR PUBLIC ANNOUNCEMENTS AND PROCLAMATIONS (V) COMMUNICATIONS: CITY CLERK Page 4 of 253 (VI) PUBLIC COMMENT Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for public comments shall be offered at the commencement of each regular Council meeting. Public comments will be noted in the City Council Minutes and become part of the official record. Those wishing to speak should sign their name and the agenda item or non-agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Public Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Public Comment. Aldermen do not respond during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. (VII) CALL OF THE WARDS (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (VIII) EXECUTIVE SESSION (IX) ADJOURNMENT Page 5 of 253 (X) UPCOMING ALDERMANIC COMMITTEE MEETINGS DATE TIME BOARD/COMMITTEE/COMMISSION 11/18/2019 11:00AM Liquor Control Review Board 11/18/2019 6:00PM City Council 11/19/2019 5:30PM City-School Liaison Committee 11/19/2019 7:00PM Housing & Community Development Act Committee 11/19/2019 7:00PM Northwestern University-City Committee 11/20/2019 6:00PM Transportation & Parking Committee 11/20/2019 6:30PM Minority, Women & Evanston Business Enterprise Development Committee 11/21/2019 6:30PM Equity & Empowerment Commission 11/21/2019 7:00PM Housing & Community Development Act Committee 11/25/2019 6:00PM Administration & Public Works Committee/ Planning & Development Committee/City Council 11/27/2019 7:30PM Economic Development Committee Page 6 of 253 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Paul Zalmezak, Economic Development Manager CC: Johanna Leonard, Community Development Director Subject: Ordinance 141-O-19, Authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 633 Howard Street with 633 Outpost, LLC, doing business as “Estación” Date: November 18, 2019 Recommended Action: The Economic Development Committee recommends City Council adoption of Ordinance 141-O-19 authorizing the City Manager to negotiate the lease of City-owned property located at 633 Howard Street. Council Action: For Action Summary: Marcos Rivera, General Manager and owner of Libertad Restaurant in Skokie, and business partner Arturo Orozco, Jr. have submitted a letter of intent and proposal to open a new casual restaurant in the City-owned property located at 633 Howard Street to be called Estación. The space was most recently occupied by Café Coralie, and previously the Evanston Police Outpost. Mr. Rivera had expressed interest in a Howard Street expansion several years ago, but put the plans on hold while focusing on other busin ess interests. Recently, Mr. Rivera and partner Piloto Nieves announced plans to open Zentli, a full service restaurant with a focus on Mexican culture and art in the recently closed Curt’s Café south location on Dempster Street just east of Dodge Avenue. Mr. Rivera plans to offer breakfast, lunch and dinner, with weekend brunch. The restaurant will use the kitchen equipment installed by the previous tenant, but will make improvements to the space to increase its appeal to a broader clientele. He intends to be open in time for New Year’s Day 2020 Brunch. SP1.Page 7 of 253 Mr. Rivera is interested in purchasing the property and sought 100% of the rent rebated as a contribution to purchase price to be established in the future. However, staff recommends a maximum rebate of $39,600 - less than 50% of rent paid. Mr. Rivera is also seeking a $10,000 tenant improvement contribution to improve the space for a full service restaurant. The draft lease and terms are attached and summarized as follows: $2,500 monthly rent. No abatement period. • Option to purchase with six months’ notice within first 36 months • Rebate up to $39,600 toward purchase of property • Tenant improvement allowance of $10,000 to improve space/create additional dining room space • Tenant pays all property taxes and utilities - staff will immediately notify the Cook County Assessor Background: Upon Café Coralie’s lease termination on July 7, 2019, City staff placed a For Lease/Sale sign (attached) in the storefront windows resulting in numerous inquiries. Additional inquiries, including Mr. Rivera’s, came as a result of local media coverage of the previous tenant’s closure. Mr. Rivera’s unsolicited proposal fulfills the long desired goal of an all-day restaurant concept on Howard Street, unlike any proposal received in recent years. His success with Libertad suggests he and his partners are capable of success at 633 Howard. According to Section 1-17-4-1 of the City Code, the City Council may lease real estate for any term not exceeding ninety-nine (99) years when, in its opinion, use of such real estate by the City is no longer necessary, appropriate, required for the use o f, profitable to, or for the best interest of the City. On all such leases, this power shall be exercised by an ordinance passed by a two-thirds vote of the elected Aldermen of the City then holding office at any regular or any special meeting called for that purpose. Staff has conducted initial due diligence including credit verification and contacted Village of Skokie staff to learn about Mr. Rivera’s relationship with the community and Skokie grant performance. Legislative History: Economic Development Committee recommended approval 5-0 on September 25, 2019. Attachments: 633 Howard For Lease Window Sign 141-O-19 Authorizing Lease Agreement at 633 Howard St 633 Howard Street Proposed Libertad Draft Terms 633 Howard lease 2019 DRAFT Page 2 of 30 SP1.Page 8 of 253 RESTAURANT / CAFÉ SPACE FOR SALE OR RENT CALL 847.448.8013 OR EMAIL PZALMEZAK@CITYOFEVANSTON.ORG Page 3 of 30 SP1.Page 9 of 253 10/16/2019 141-O-19 AN ORDINANCE Authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 633 Howard Street with 633 Outpost, LLC, doing business as “Estación” WHEREAS, the City of Evanston owns certain real property located at 633 Howard Street, Evanston, Illinois 60202, which is improved with a single story 2,643 square foot building and the total property square footage is 3,206 square feet (the “Property”); and WHEREAS, 633 Outpost, LLC seeks to open a commercial restaurant in southeast Evanston; and WHEREAS, the Parties have negotiated a long-term lease of the Property as a commercial restaurant to be called “Estación”; and WHEREAS, the City Council has determined that the Property is not necessary to future City operations and leasing the Property to 633 Outpost, LLC, is in the City’s best interests, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1 -17-4-1 of the Evanston City Code of 2012, as amended (the “City Code”), t he City Manager is hereby authorized and directed to execute, on behalf of the City of Evanston, a long term lease agreement with Page 4 of 30 SP1.Page 10 of 253 141-O-19 ~2~ an initial term of five (5) years and one (1), two (2)-year option to renew the lease agreement, between the City of Evanston and 633 Outpost, LLC, with an option to purchase after three (3) years. The Lease Agreement shall be in substantial conformity with the Lease Agreement attached hereto as Exhibit “1” and incorporated herein by reference. SECTION 3: Pursuant to Subsection 1-17-4-2-(B) of the Evanston City Code, 2012, as amended (the “City Code”), an affirmative vote of two-thirds (⅔) of the elected Aldermen is required to accept the recommendation of the City Manager on the lease agreement authorized herein. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and sh all be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Page 5 of 30 SP1.Page 11 of 253 141-O-19 ~3~ Ayes: ______________ Nays: ______________ Introduced:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 201 9 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle Masoncup, Corporation Counsel Page 6 of 30 SP1.Page 12 of 253 141-O-19 ~4~ EXHIBIT 1 LEASE AGREEMENT Page 7 of 30 SP1.Page 13 of 253 633 Howard Street Proposed Lease to Own Terms - September 17, 2019 Property City of Evanston-owned commercial property located at 633 Howard Street. Use Food establishment serving breakfast, brunch, lunch, and dinner Space As-is, 3,000 Sq. Ft. +/- commercial space , Zoned B3 Terms & Conditions Purchase the building, on a lease to own basis. Five year base term with tenant option to purchase after three years, with six months prior notice of intent to exercise purchase option. Purchase price to be determined when option is exercised During the term of the Lease, if Landlord is presented with any offer to purchase the property, Tenant shall be granted a right of first refusal to match any accepted offer and a 45 day period to secure financing from the date the offer is presented to Tenant. Rent $2,500 month (equates to $10 per square foot based on estimated 3,000 sq. ft. space) totaling $90,000 over 36 months. Tenant pays all property taxes and utilities Up to $39,600, toward purchase of building. Landlord agrees to contribution of $10,000 towards betterments & improvements, in order to tear down existing walls and create additional dining room space. Furniture, Fixtures, and Equipment Below is a list of furniture, fixtures and equipment included with the space. Furniture, fixtures and equipment to remain property of the Landlord during term of lease. The space is furnished with two single-user male and female ADA bathrooms, HVAC, natural gas, and electrical service. ● One Compartment Sink ● Three Compartment Sink ● Hand Sink ● Splash Mount Pre Rinse ● Display Case Refrigerated ● Condensate Hood Page 8 of 30 SP1.Page 14 of 253 ● Upblast Exhaust Hood ● Soft Dough Hopper ● Chandeliers ● Walk in Cooler ● Counter Tops ● Double Gas Convection Oven ● 10 Marble Top Tables ● 3ft Grab and Go Cooler ● Ceiling Tile ● Proofer Negotiation The Parties agree to enter into negotiations under the Terms and Conditions of this Letter to determine whether this business transaction is viable for both Parties. Both Parties agree not to enter into negotiations or solicit information or negotiations w ith any third party upon approval of Evanston City Council authorizing this negotiation until the term of negotiations ends either under the Terms and Conditions of this Letter or by a mutual agreement by the Parties that negotiations have ended. Confidentiality In the event that any confidential information is exchanged between the Parties, resulting from negotiations under the Terms and Conditions of the Letter, both Parties shall agree to make any necessary efforts to keep all information confidential, subject to the Freedom of Information Act Time The Parties shall make all reasonable efforts to finalize a lease to own agreement for 633 Howard Street within (30) days of Evanston City Council authorization of lease negotiations with January 2020 open date. Governing Law All matters arising from this Letter and any subsequent negotiations shall be governed by the laws of the State of Illinois. Page 9 of 30 SP1.Page 15 of 253 L E A S E THIS LEASE AGREEMENT is made this ___ day of ____________, 2019, by and between CITY OF EVANSTON (“Landlord”), an Illinois municipal corporation and 633 Outpost, LLC, an Illinois limited liability company, d/b/a “Estación”. (“Tenant”). W I T N E S S E T H: 1. PROPERTY (a) Property. Landlord is the fee simple owner of certain real property at 633 Howard Street, Evanston, Illinois 60202, legally described in Exhibit A attached hereto and incorporated herein (the “Property”). The Property has a total of approximately 3,206 square feet of land, improved with a 2,649 square foot one-story building (“Building”). Landlord does hereby lease the Premises to Tenant, for Tenant’s exclusive use and control, together with all appurtenances thereto, pursuant to the terms and conditions of this Lease. During this Lease Term, the Property and Building will be collectively referred to as “Premises”. (b) Parking. This Lease does not include the exclusive use of any on-street parking. There are 3 parking spaces in the back of the Building off of the alley for Tenant’s exclusive use for employee parking and loading space. Tenant is responsible for enforcing the exclusive use of the Parking spaces and contacting a tow company, if appropriate. 2. TERM (a) Primary Term. Subject to the provisions of this Lease, the “Primary Term” must be for 5 years (60 months) and must commence on November 1, 2019 and expire on October 31, 2024. (b) Extended Lease Term. Provided Tenant is not otherwise in default beyond any applicable cure period, replaced or otherwise amended such that Tenant is still permitted to conduct the Permitted Use from the Premises, Tenant may request one extension of the Lease (“Lease Extension”) for two (2) years, upon the same terms, covenants, and conditions, except for the Rental Rate which will increase according to the scheduled outlined in Paragraph 3. The Lease Extension may be requested by Tenant delivering to Landlord written notice of such request, not less than one hundred twenty (120) days prior to the expiration of the term. The exercise by Tenant of the Lease Extension must not be deemed to impose upon Tenant any duty or obligation to renew for any further period of time. The Primary Term together with the Lease Extension is referred to herein collectively as the “Term”. (c) Option to Purchase. (i) Option to Purchase. Tenant initially is a Tenant of the Property which is owned by the Landlord. Tenant has an option to purchase the Building and the Property after three (3) years, so long as the Tenant is in compliance with the terms of this Agreement at the time the option to purchase is exercised (the “Option to Purchase”). Tenant must submit Page 10 of 30 SP1.Page 16 of 253 written notification to Landlord not less than six (6) months prior to exercising its Option to Purchase. The provisions of this Lease relating to taking the Property “As Is” (§ 4(a)) and waiver of claims arising under Environmental Laws (§ 27(d)) shall be a condition of purchase and shall survive closing. (ii) Purchase Price. The purchase price of the Building and the Property shall be a negotiated price between the Parties, with each Party relying on its own research and valuations, including the appraisal(s) of the Building and Property. If the Parties cannot agree upon a purchase price, then: (a) each Party shall select its own appraiser; (b) the Parties’ appraisers shall select a third appraiser; (c) each of the appraisers shall render an appraisal of the fair market value of the combined Building and Property; and (d) the purchase price will be the middle appraised fair market value. A closing will occur upon the Parties executing a purchase and sale contract (“Building and Property Purchase Agreement”) and the subsequent payment of the Purchase Price at a Closing. Tenant shall be given credit towards the purchase price for 44% of the total rental payments made to Landlord at the time of closing with a maximum rebate of $39,600 toward purchase of the Building and Property. (iii) Delinquencies. Should the Tenant have incurred delinquencies in paying rent with Landlord, the Tenant must pay off those delinquencies prior to any offer to exercise its Option to Purchase. (iv) Sale to Third Parties. During the term of the Lease, if Landlord is presented with any offer to purchase the Property, Tenant shall be granted a right of first refusal to match any accepted offer and a forty-five (45) day period to secure financing from the date the offer is presented to Tenant. If Landlord sells the Property to a third party which has no legal affiliation to the Tenant, as a condition of sale, the new purchaser agrees to be bound by the terms of this Agreement and must have no right to evict Tenant, to vary the terms of this Agreement or to terminate this Lease under any terms other than those contained herein. The third party must stand in the shoes of Landlord and must honor all obligations of Landlord and all rights of Tenant as provided for herein. 3. RENT (a) Fixed Rent. The tenant’s first rent payment is due on January 1, 2020 (“Rent Commencement Date”), sixty (60) days after the Lease Commencement Date of November 1, 2019, and every month thereafter due on or before the first of the month. Subject to the terms of this Lease, Tenant agrees to pay to Landlord for lease of the Premises the Rent described below: For Lease Year One, Tenant must pay to Landlord the sum of Twenty Five Thousand Dollars ($25,000) in monthly installments of Twenty Five Hundred Dollars ($2,500). In Lease Years Two, Three, Four, and Five, Tenant must pay to Landlord the sum of Thirty Thousand Dollars ($30,000) in monthly installments of Twenty Five Hundred Dollars ($2,500). For every Lease Year subsequent to Lease Year One, the annual rent shall be increased in an amount equal to the Consumer Price Index for that Lease Year. The rent specified in this paragraph 3(a) as adjusted pursuant to paragraph 3(b) below must be deemed “Fixed Minimum Rent” for purposes of this Lease. Page 11 of 30 SP1.Page 17 of 253 (b) The Fixed Minimum Rent set forth in Section 3(a) above must be adjusted at the beginning of each year during the Term, in an amount equal to the Consumer Price Index for that year. In no event must adjustments be made based on Tenant’s improvement of the property. (c) Late Fee and Interest. In the event any sums required hereunder to be paid are not received by Landlord on or before the date the same are due, interest must accrue on all past due sums at an annual rate equal to the lesser of six percent (6.0%) per month. Such interest is deemed Additional Rent and a Tenant obligation to pay. (d) Time and Place of Payment. Tenant must pay to Landlord Fixed Minimum Rent in advance, in equal monthly installments, and without prior notice, setoff (unless otherwise expressly permitted herein) or demand, except as otherwise specifically provided herein, on or before the fifth (5 th) day of each calendar month during the Term hereof to: City of Evanston Attn: Collector’s Office 2100 Ridge Avenue Evanston, IL 60201 4. TENANT IMPROVEMENT: (a) Tenant accepts the Premises in an “As-Is” Condition. The Tenant shall construct all renovations pursuant to a building permit, Tenant is responsible for submitting for and receiving approval for all necessary permit(s). Attached as Exhibit B is the Site Plan of anticipated Interior Build Out for the Premises. (b) Landlord will provide Tenant a tenant improvement allowance to use to pay for the renovations to the Premises up to Ten Thousand Dollars ($10,000.00) (the “Tenant Improvement Allowance”). Tenant will process the invoices from the contractor and the subcontractors and submit for payment to the Landlord. The Landlord will review the invoices and submit payment directly to the contractors after receipt of a lien waiver. (c) Improvement Allowance Payment Requirements: Disbursement payments shall NOT be paid out until: ● City Council has approved the Agreement and the Agreement is executed; and ● Invoices from the contractor are received and reviewed by City staff; and ● Contractor issues partial lien waivers for the invoices subject to the Tenant Improvement Allowance reimbursement request; and ● The Chief Financial Officer or his designee will not issue the disbursement to the Tenant if there is any violation of any law, ordinance, code, regulation, or Agreement term. (d) If Tenant defaults on the terms and conditions of this Agreement or terminates this Agreement for any reason other than the Landlord’s willful misconduct which caused the Tenant’s departure, the Tenant Improvement Allowance must be reimbursed in full within 30 days of vacating the Premises. Furthermore, the improvements are the property of the City of Evanston Page 12 of 30 SP1.Page 18 of 253 with no right of reimbursement to the Tenant for the Tenant Improvements which were paid for by the City of Evanston. 5. FIXTURES AND EQUIPMENT All trade fixtures and equipment installed by Tenant in or on the Premises (including kitchen equipment, tables and chairs, registers, other equipment, shelving and signs) will remain the property of Tenant and Tenant may remove the same or any part thereof at any time prior to or at the expiration or earlier termination of this Lease. Tenant must repair at its own expense any damage to the Premises caused by the removal of said fixtures or equipment by Tenant. This provision must expressly survive the termination or expiration of this Lease. The fixtures and equipment owned by the Landlord on the Effective Date will remain the property of the Landlord at the conclusion of the Term, these items are listed on Exhibit C. If Tenant exercises the Option to Purchase outlined in Paragraph 2(c), Tenant may purchase the items following valuation of each item. 6. USE OF PREMISES (a) Permitted Use. Tenant must have the right, subject to applicable Federal, State and local laws, including Environmental Laws (as hereafter defined) and the terms of this Lease, to use the Premises for the following purpose(s): to operate a commercial restaurant and uses incidental thereto to operation of a commercial restaurant, and no part of the Property will be used for any other purpose without the prior written consent of the City (herein collectively “Permitted Use”). (b) Tenant Exclusive Use of Premises. Landlord covenants and agrees that it has no rights to use, modify, alter or lease any portion of the Building or Property other than as expressly provided in this Lease. 7. MAINTENANCE (a) Maintenance, Repair and Replacement Responsibilities of Landlord: Land lord is responsible for all structural and load bearing columns, roof, delivering a working HVAC system and will pay for major repairs to the HVAC system, interior sprinkler and fire safety system within the Building, windows and all soffits, and all structural elements of the Building. Landlord will not be responsible for major repairs that arise out of Tenant’s poor maintenance of the HVAC, interior sprinkler and fire safety systems. The Parties will conduct annual inspections to ensure the property is maintained in good working order. (b) Maintenance and Repair Responsibilities of Tenant: Tenant is responsible for all maintenance and repair responsibilities that are not outlined in Paragraph 7(a) above, including but not limited to: exterior lighting, signage, bathroom fixtures and associated plumbing and sewer pipes, kitchen fixtures and associated plumbing, bar equipment, lighting equipment and electrical systems, security systems, telecommunications systems and other non-structural elements. Tenant must maintain, at Tenant’s expense, the HVAC system as required by HVAC system manufacturer to maintain system performance and warranty requirements (at Tenant’s expense). Tenant is vested with control over the HVAC system on a daily basis and will not contact the City of Evanston Facilities team for maintenance, minor repairs or emergency service. Tenant is also responsible for Page 13 of 30 SP1.Page 19 of 253 ensuring the interior sprinkler and fire safety system is in good working order, with annual inspections required and ensure that all repair work needed is performed. Copies of testing and inspection paperwork should be distributed to Landlord’s Facilities Management Manager, Sean Ciolek, for proof of compliance. (c) All refuse associated with Tenant’s use must be placed in appropriate containers for disposal. Tenant cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials. A refuse container for regular refuse will be located at the Property in reasonable proximity to the Building. Tenant will contract to have trash hauled from such container with reasonable frequency. (d) Tenant is responsible for snow, ice removal and leaf removal and general upkeep of the exterior of the Building along the sidewalk and other carriage walks to and from the Building. The snow must be moved to a suitable area on the Premises to allow for use of the sidewalk. . (e) The Tenant will at all times maintain all of the Property in a clean, neat and orderly condition. The Tenant will not use the Property in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. (f) Tenant must yield the Premises back to Landlord, upon the termination of this Lease, whether such termination must occur by expiration of the Term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by ca sualty and reasonable wear and tear accepted. Tenant must make all necessary repairs and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises must not thus be kept in good repair and in a clean condition by Tenant, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Lease or an interference with the possession of the Premises by Tenant, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenant agrees to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenant must not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. (g) Tenant will keep all leasehold improvements in compliance with all laws and regulations during the entire Term of this Lease, except for repairs required of the Landlord to be made and damage occasioned by fire, wind or other causes as provided for in this Lease. 8. PAYMENT OF TAXES (a) Definition. For purposes hereof, “Taxes” must mean real property taxes and “Assessments” must mean assessments, general and special, foreseen and unforeseen, for public improvements levied or assessed against the Premises and the improvements thereon for that portion of the Term. (b) Payment. If the Cook County Assessor assesses taxes upon the Premises or Leasehold, the taxpayer shall be responsible for payment of any such taxes during their Lease term. Page 14 of 30 SP1.Page 20 of 253 9. DAMAGE AND DESTRUCTION (a) Casualty. If the Premises must be damaged by fire or other casualty by an Act of God (“Casualty”), Landlord must, within one hundred eighty (180) days after such damage occurs (subject to being able to obtain all necessary permits and approvals, including, without limitation, permits and approvals required from any agency or body administering environmental laws, rules or regulations, and taking into account the time necessary to effectuate a satisfactory settlement with any insurance company) repair such damage at Landlord’s expense and this Lease must not terminate. If the foregoing damage is due to the negligence or willful misconduct of Tenant, then Landlord must look first to the insurance carried by Tenant to pay for such damage. Notwithstanding (i) any other provisions of the Lease to the contrary, and (ii) any legal interpretation that all improvements become part of the realty upon being attached to the Premises, following a Casualty, the Landlord must be responsible only for restoring the Premises to building standard levels of improvement at the time of execution of this Lease and must not include the tenant improvements completed and installed following execution of this Lease, and the tenant must be responsible for insuring and replacing the above building standard tenant improvements or betterments that made the Premises “customized” for Tenant’s use. Customized improvements include, but not limited to: any and all theatre equipment and fixtures, alarm censored doors, wood flooring, and custom cabinetry. Except as otherwise provided herein, if the entire Premises are rendered untenantable by reason of any such damage, or if Tenant cannot utilize Property and Building for its intended use by reason of any damage of any size or scope whatsoever, then all Fixed Minimum Rent and Additional Rent must abate for the period from the date of the damage to the date the damage is repaired, and if only a part of the Premises are so rendered untenantable but the damage does not prevent Tenant from utilizing the Property for its Permitted Use, the Fixed Minimum Rent and Additional Rent must abate for the same period in the proportion that the area of the untenantable part bears to the total area of the Premises; provided, however, that if, prior to the date when all of the damage has been repaired, any part of the Premises so damaged are rendered tenantable and must be used or occupied by or through Tenant, then the amount by which the Fixed Minimum Rent and Additional Rent abates must be apportioned for the period from the date of such use or occupancy to the date when all the damage has been repaired. (b) Repair to Leasehold Improvements. Landlord must have no obligation to repair damage to or to replace any leasehold improvements, Tenant’s personal property or any other property located in the Premises, and Tenant must within sixty (60) days after the Premises is sufficiently repaired so as to permit the commencement of work by Tenant, commence to repair, reconstruct and restore or replace the Premises (including fixtures, furnishings and equipment) and prosecute the same diligently to completion. Notwithstanding the foregoing, Tenant’s Fixed Minimum Rent and Additional Rent must continue to be abated as provided in Section 9(a) above, until the Property is once again suitable for its Permitted Use. (c) Termination Right. Notwithstanding any provision contained herein to the contrary, Tenant must have the option and right to terminate this Lease if, (a) the Premises must be so damaged by Casualty that it cannot be fully repaired within one hundred eighty (180) days after the date of Page 15 of 30 SP1.Page 21 of 253 damage; (b) during the last eighteen (18) months of the Term of this Lease, the Premises is damaged by a Casualty in amount exceeding thirty-three and one-third percent (33.33%) of the square footage of the Premises or a lesser amount (no matter how small) that leaves Tenant unable to utilize the Premises for their Permitted Use, provided that, in such event, such termination of this Lease must be effected by written notice within ninety (90) days of the happening of the Casualty causing such damage. This provision must expressly survive the termination or expiration of this Lease. 10. INSURANCE (a) Tenant Insurance Obligations: Tenant agrees to maintain a policy or policies of commercial general liability insurance written by an insurance carrier rated at least Class A or better in Bests Key Rating Guide of Property-Casualty Insurance Companies and licensed to do business in the state in which the Premises is located which must insure against liability for injury to and/or death of and/or damage to personal property and the Premises of any person or persons, with policy limits of not less than $2,000,000.00 general aggregate coverage and $1,000,000 per single occurrence for any injury to or death of any number of persons or for damage to property of others not arising out of any one occurrence. Tenant’s policy must cover the Premises, its personal property and the business operated by Tenant and must name the City of Evanston as an additional insured. (b) Landlord Insurance Obligations: Landlord is self-insured up to $1.25 Million and agrees to maintain an excess policy or policies of commercial general liability insurance over the self-insured limit written by an insurance carrier with a rating at least Class A or better in the Bests Key Rating Guide and licensed to do business in the state in which the Premises is located which must insure against liability for injury to and/or death of and/or damage to the Premises , with policy limits of not less than $3,000,000.00 combined single limit.. Landlord’s policy must name Tenant as an additional insured. Subject to the terms of Paragraph 9(a), Landlord must maintain fire and casualty insurance covering the entire Premises and any alterations or improvements made by Landlord thereto in an amount not less than their full replacement cost from time to time during the Term, providing protection against any peril included within the classification of “all risks”. (c) Within thirty (30) days after written request, each of the parties agrees to deliver to the other a certificate of insurance as evidence that the policies of insurance required by this Section 10 have been issued and are in effect. (d) Waiver of Subrogation. Neither Landlord nor Tenant must be liable to the other or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, or any resulting loss of income for property or general liability losses, even though such loss or damage might have been occasioned by the acts or omissions of such party, its agents, contractors or employees. Landlord or Tenant must look exclusively to the proceeds of insurance carried by it or for its benefit in the event of any damage or destruction to its property located on the Premises. Notwithstanding anything to the contrary contained herein, Landlord and Tenant hereby release and waive any and all rights of recovery, claim, action or cause of action, against the other, or its respective directors, shareholders, officers, agents, invitees and employees, for any loss or damage that may occur to the property or the equipment, fixtures and improvements comprising any part of the Premises, by reason of fire, the elements, or any other cause which could be insured against under the terms of an “all risk” fire Page 16 of 30 SP1.Page 22 of 253 insurance policy, in the state where the Premises is located, regardless of cause or origin, including negligence of the parties hereto, their agents, officers, invitees and employees. Subject to the provisions of the Lease, no insurer of a party hereunder must ever hold or be entitled to any claim, demand or cause of action against Tenant by virtue of a claim of loss paid under any such insurance policies, whether such insurer’s claim be in the nature of subrogation or otherwise. The waivers provided pursuant to this paragraph must not operate to the extent that they would void coverage under the provisions of any policy of insurance. 11. INDEMNIFICATION (a) Indemnification of Landlord. Except as otherwise provided in this Lease, and except to the extent caused by the negligence of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenant must protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims, attorneys fees and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct or an Act of God or an act of a third party, (ii) any negligence or willful misconduct of Tenant, or its agents, employees or contractors, or its sub -lessee; or (iii) Landlord’s breach occasioned wholly or in part by any act, omission of Tenant, its agents, employees, contractors or servants. The provisions of this Section must survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. (b) Indemnification of Tenant. Except as otherwise provided in this Lease, and except to the extent caused by the negligence of Tenant, or its agents, employees or contractors, or by the breach of this Lease by Tenant, Landlord must protect, defend, indemnify and save Tenant and its officers, or employees from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from any act, omission or negligence of Landlord, its agents, employees, contractors or servants; The provisions of this Section must survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. The provisions of this Section do not extend to any sublessee of Tenant. 12. Intentionally Omitted. 13. UTILITIES Tenant must pay during the Term hereof directly to the appropriate utility company or governmental agency all electric, water, gas, telephone and other public utility charges in connection with its occupancy and use of the Premises, including all costs of operating and maintaining all equipment therein, all business licenses and similar permit fees but excluding any installation costs, tap fees and/or connection fees or charges, with no right of reimbursement from the Landlord. All utilities must be paid pursuant to separate meters measuring Tenant’s consumption of utilities from the Premises, which meter fee must be Landlord’s obligation at its sole cost and expense. Landlord must not be liable to Tenant for damages or otherwise (i) if any utilities must become unavailable from any public utility company, public authority or any other person or entity supplying or Page 17 of 30 SP1.Page 23 of 253 distributing such utility, or (ii) for any interruption in any utility service (including, but without limitation, any heating, ventilation or air conditioning) caused by the making of any necessary repairs or improvements or by any cause beyond Landlord's reasonable control, and the same must not constitute a default, termination or an eviction. Tenant assures Landlord that it must arrange for an adequate supply of electricity to the Premises and it must pay for any increased voltage and any additional wiring required addressing the increased capacity. Tenant will not be responsible for the water bill until the temporary certificate of occupancy is issued. 14. COVENANTS AGAINST LIENS Tenant covenants and agrees that it must not, during the Term hereof, suffer or permit any lien to be attached to or upon the Property or the Premises by reason of any act or omission on the part of Tenant or its agents, contractors or employees. In the event that any such lien does so attach, and (i) is not released within thirty (30) days after notice to Tenant thereof, or (ii) if Tenant has not bonded such lien within said thirty (30) day period, Landlord, in its sole discretion, may pay and discharge the same and relieve the Premises or the Property therefrom, and Tenant agrees to repay and reimburse Landlord upon demand for the amount so paid by Landlord and for other reasonable costs incurred by Landlord in discharging and relieving said lien. The Tenant will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenant on the Premises. Tenant will, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant must not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. 15. ASSIGNMENT AND SUBLETTING (a) Assignment. Tenant must not have the right to assign this Lease, transfer and grant concessions or licenses (“Transfer”) in all or any part of the Premises without the Landlord’s written consent and City Council approval by Ordinance. No Transfer must relieve Tenant from any of its obligations as Tenant hereunder. Every such assignment or sublease must recite that it is and must be subject and subordinate to the provisions of this Lease, and the termination or cancellation of this Lease must constitute a termination and cancellation of every such assignment or sublease. Notwithstanding the foregoing, Landlord agrees that no merger, consolidation, corporate reorganization, or sale or transfer of Tenant's assets or stock (specifically including any inter -family or inter-company transfers), redemption or issuance of additional stock of any class, or assignment or sublease to any person or entity which controls, is controlled by or is under common control with Tenant, must be deemed a Transfer hereunder. 16. NOTICES Any notices required to be given hereunder, or which either party hereto may desire to give to the other, must be in writing. Such notice may be given by reputable overnight delivery service (with proof of receipt available), personal delivery or mailing the same by United States mail, registered or certified, return receipt requested, postage prepaid, at the following addresses identified for Landlord Page 18 of 30 SP1.Page 24 of 253 and Tenant, or to such other address as the respective parties may from time to time designate by notice given in the manner provided in this Section. If to the Landlord: with a copy to: City of Evanston City of Evanston Attn: City Manager Attn: Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 If to Tenant: with a copy to: Marcos Rivera Bernard Henry 10031 Lavergne Avenue 55 W. Monroe St., Suite 3625 Skokie, IL 60077 Chicago, IL 60603 Arturo Orozco 1145 N. Jackson North Chicago, IL 60064 For purposes of this Lease, a notice must be deemed given upon the date of actual receipt thereof or the date of proof of rejection thereof if delivered by hand or overnight courier service. 17. RIGHT TO GO UPON PREMISES Landlord hereby reserves the right for itself or its duly authorized agents and representatives at all reasonable times during business hours of Tenant upon at least forty-eight (48) hours prior notice to Tenant and accompanied by a representative of Tenant (which may be the store manager or assistant manager) to enter upon the Premises for the purpose of inspecting the same and of showing the same to any prospective purchaser or encumbrance or tenant, and for the purpose of making any repairs which Landlord is required hereunder to make on the Property, but any such repairs must be made with all due dispatch during normal construction trade working hours, and in such manner as to minimize the inconvenience to Tenant in the conduct of its business, it being agreed that in the event of a necessity of emergency repairs to be made by Landlord, Landlord may enter upon the Premises forthwith to effect such repairs. Notwithstanding the foregoing, in the event that due to an entry by or on behalf of Landlord into the Premises, Tenant’s use is materially interfered with and Tenant, from the standpoint of prudent business management, cannot open and operate the Premises for business for two (2) consecutive days, all Fixed Minimum Rent and other charges payable by Tenant hereunder must equitably abate commencing after such second (2nd) day, and continuing until such repairs are completed, unless such entry is required as a result of Tenant’s negligence or intentional misconduct. 18. DEFAULT (a) Tenant Default. Page 19 of 30 SP1.Page 25 of 253 (i) Events of Default. Including, but not limited to, the following events must be deemed to be an “event of default” hereunder by Tenant subject to Tenant’s right to cure: a. Tenant must fail to pay any item of Fixed Minimum Rent per Section 3 at the time and place when and where due and does not cure such failure within fifteen (15) business days after receipt of notice from Landlord of such failure; b. Tenant must fail to comply with any other term, provision, covenant or warranty made under this Lease or if any of Tenant’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, by Tenant, and Tenant must not cure such failure within thirty (30) days after Landlord's written notice thereof to Tenant. In the event Tenant cannot comply with such term, provision, or warranty, within said thirty (30) day period, Tenant must not be in default if Tenant is diligently and continuously making an effort to comply with such term, provision, covenant or warranty and Tenant completes the cure of the default; or c. Tenant must make a general assignment the benefit of creditors, or must admit in writing its inability to pay its debts as they become due or must file a petition in bankruptcy. (ii) Remedies. Upon the occurrence of an event of default, Landlord may, so long as such default continues, as permitted by law and subject to Landlord’s obligation to use good faith efforts to mitigate damages, either: terminate this Lease by written notice to Tenant, which written notice must specify a date for such termination at least fifteen (15) days after the date of such written termination notice and such termination must be effective as provided in such written notice unless Tenant must cure such default within such notice period, or not terminate this Lease as a result of the default of Tenant. If Tenant must fail to surrender the Premises upon such termination, Landlord may thereupon, reenter the Premises, or any part thereof, and expel or remove therefrom Tenant and any other persons occupying the same, using such means provided by law; without terminating this Lease, Landlord may evict Tenant (by any means provided by law) and let or relet the Premises or any or all parts thereof for the whole or any part of the remainder of the Term hereof, or for a period of time in excess of the remainder of the Term hereof, and out of any rent so collected or received, Landlord must first pay to itself the expense of the cost of retaking and repossessing the Premises and the expense of removing all persons and property therefrom, and must, second, pay to itself any costs or expenses sustained in securing any new tenant or tenants (provided that such amount must not include any amounts incurred to restore the Premises to more than the condition originally delivered to Tenant), and must third, pay to itself any balance remaining, and apply the whole thereof or so much thereof as may be required toward payment of the liability of Tenant to Landlord then or thereafter unpaid by Tenant; or pursue such other remedies as are available at law or in equity. (b) Landlord Default. Should Landlord default in the performance of any covenant, provision, warranty, condition or agreement herein, or if any of Landlord’s representations and warranties Page 20 of 30 SP1.Page 26 of 253 made under this Lease are determined to be untrue, either when made or at any time during the Term, and such default in the case of any failure by Landlord to pay any sum required to be paid to Tenant hereunder, continues for ten (10) business days after notice thereof from Tenant, or in case of any non-monetary default, continues for thirty (30) days after receipt by Landlord of written notice thereof from Tenant (except as otherwise provided herein), or if the default of Landlord is of a type which is not reasonably possible to cure within thirty (30) days, if Landlord has not commenced to cure said default within said thirty (30) day period and does not thereafter diligently prosecute the curing of said default to completion (except as otherwise provided herein), Tenant in addition to any and all other remedies which it may have at law and/or in equity including the right to seek injunctive relief without posting a bond or the obligation to prove irreparable harm, may pay or perform any obligations of Landlord hereunder and deduct the cost thereof from each installment of annual Fixed Minimum Rent payable pursuant to the terms of this Lease; provided, however, in no event must the amount of any such deduction exceed ten percent (10%) of the Fixed Minimum Rent payable on a monthly basis; provided, further, Tenant must not have the right to terminate this Lease except as expressly permitted herein. 19. SIGNS Tenant may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenant. Tenant acknowledges that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenant agrees to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenant must be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenant must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold, condition or delay its consent to a sign over the new entrance to the Premises which complies with applicable laws. 20. REPRESENTATIONS AND WARRANTIES (a) Landlord represents, warrants and covenants to Tenant that, to Landlord’s knowledge, the following is true as of the Effective Date: (i) all of the Premises is zoned and fit for commercial purposes, and the Permitted Use is permitted under the applicable zoning designation, and that the Premises and Property are presently properly subdivided in conformity with all applicable laws and suitable for the Permitted Use; (ii) Landlord is the fee simple owner of the Premises; (iii) the Premises is subject to no restrictions or continuing regulations of any kind or nature whatsoever incompatible with the Permitted Use and that there are no restrictions in any agreement by which Landlord is bound (including, but not limited to, Landlord’s insurance policies) which would adversely affect Tenant’s right to use the Premises for the Permitted Use during the Term; Page 21 of 30 SP1.Page 27 of 253 (iv) Landlord shall deliver to Tenant on occupancy the Premises in good working order and condition, with roof, parapet walls and foundation watertight, and all utility systems, plumbing, drains and HVAC in functional condition; (v) there are no exceptions to title with respect to and/or encumbrances on the Premises which would interfere with Tenants proposed use of the Premises; (vi) Landlord has no notice of any proposed Assessments other than as reflected on the current tax bill; (vii) Landlord has no knowledge of any condition that would preclude Tenant from obtaining all Tenant’s permits and licenses necessary for Tenant to open for business and operate for the Permitted Use; (ix) Landlord covenants that it is duly constituted under the laws of the state of Illinois as a municipal corporation, and the City employee who is acting as its signatory in this Lease is duly authorized and empowered to act for and on behalf of the municipal corporation; and (x) there are no judicial, quasi-judicial, administrative or other orders, injunctions, moratoria or pending proceedings against Landlord or the Property which preclude or interfere with, or would preclude or interfere with, the construction contemplated herein or the occupancy and use of the Premises by Tenant for the purposes herein contemplated. (xi) no third party has the right to object to Tenant’s tenancy hereunder, prohibit the selling of any products sold by Tenant or the uses allowed herein or the right to consent to any feature of the Premises or Tenant’s signage. (xii) there are no mortgages, prime leases, deeds to secure debt, deeds of trust, or other instruments in the nature thereof, affecting Landlord or its interest in the Premises. (b) Tenant represents, warrants and covenants to Landlord that, to Tenant’s knowledge, the following is true as of the Effective Date: (i) Tenant will apply and obtain all necessary governmental approvals for its Permitted Use. (ii) Execution and performance of this Lease will not (a) violate any judgment or order of Court applicable to or affecting Tenant; (b) breach the provisions of, or constitute a default under, any contract, agreement, instrument or obligation to which Tenant is a party or by which Tenant is bound, or (c) violate or conflict with any law or governmental regulation or permit applicable to Tenant. (c) All representations and warranties, covenants and indemnities contained in this Lease must survive the expiration or earlier termination of this Lease. 21. HOLDING OVER; END OF TERM Page 22 of 30 SP1.Page 28 of 253 (a) If Tenant must hold possession of the Premises after the expiration or termination of this Lease, at Landlord's option (i) Tenant must be deemed to be occupying the Premises as a tenant from month- to-month at one hundred fifty percent (150%) of the Fixed Minimum Rent in effect upon the expiration or termination of the immediately preceding term or (ii) Landlord may exercise any other remedies it has under this Lease or at law or in equity including an action for wrongfully holding over. (b) Upon the expiration or sooner termination of this Lease, Tenant must surrender the Premises to Landlord in as good order, condition and repair as when received by Tenant; ordinary wear and tear, casualty and condemnation excepted. This provision must expressly survive the termination or expiration of this Lease. (c) Any property, equipment, or product remaining in the Premises upon expiration of this Lease must be considered abandoned and property of the Landlord. 22. EXPENSES OF ENFORCEMENT The Parties must bear its own costs, charges, expenses and attorney’s fees, and any other fees incurred in the event of a dispute between the Parties. 23. SUCCESSORS IN INTEREST All of the covenants, agreements, obligations, conditions and provisions of this Lease must inure to the benefit of and must bind the successors and permitted assigns of the respective parties hereto. 24. REMEDIES ARE CUMULATIVE Remedies conferred by this Lease upon the respective parties are not intended to be exclusive, but are cumulative and in addition to remedies otherwise afforded by the law. 25. QUIET POSSESSION Upon payment by the Tenant of the minimum, percentage and additional rent and all other sum s due hereunder and upon the observance and performance of all covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant must peaceably and quietly hold and enjoy the Premises for the Term of this Lease without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under the Landlord, subject nevertheless, to the terms and conditions of this Lease. 26. ALTERATION (a) Changes Required by Law. Any structural changes, alterations or additions in or to the Premises which may be necessary or required by reason of any law, rule, regulation or order promulgated by competent governmental authority must be made at the sole cost and expense of Landlord, including but not limited to asbestos removal and disposal and interior and exterior Page 23 of 30 SP1.Page 29 of 253 compliance with the Americans with Disabilities Act (ADA) etc. Notwithstanding the foregoing, if any such changes, alterations or additions are required as a result of i mprovements made by Tenant during the Term hereof or due to Tenant’s use of the Premises, such changes, alterations or additions must be made at the sole cost and expense of Tenant. Tenant may contest the validity of any such law, rule, regulation or order, but must indemnify and save Landlord harmless against the consequences of continued violation thereof by Tenant pending such contest. (b) Alterations During Term. Tenant is permitted to perform interior, nonstructural alterations to the Premises and to revise the interior layout of the Premises. Tenant must obtain Landlord's written consent to any other alterations or construction which affects the structural nature of the Premises, which consent must not be unreasonably withheld, conditioned or delayed. 27. HAZARDOUS SUBSTANCES (a) Tenant agrees that, except as herein set forth, it must not generate, use, store, handle or dispose of on or transport over the Premises any Hazardous Substances (defined below) in violation of any Environmental Laws (defined below), except as such incidental amounts of Hazardous Substances as may be required for Tenant to conduct the Permitted Use, but in no instance shall Tenant dispose of Hazardous Substances on the Premises in violation of Environmental Laws. (b) If any time during the Term, Hazardous Substances are found in the Premises or on adjacent property and such Hazardous Substances are not the result of Tenant’s use of or work on the Premises, then, in such event, Tenant must have the immediate right to terminate this Lease upon written notice to Landlord. Under no circumstances must Tenant be responsible for remediation or cleanup of any Hazardous Substances on the Premises or adjacent property that were not caused by Tenant, or Tenant’s subcontractors, agents or employees. Furthermore, with regard to any Hazardous Substances caused by Tenant or its agents, contractors or employees, Tenant must remove same, in compliance with applicable Environmental Laws, at Tenant’s sole cost and expense. Tenant must defend, indemnify, and hold Landlord harmless from and against any and all costs, damages, expenses and/or liabilities (including reasonable attorneys’ fees) which Landlord may suffer as a result of any written demand (whether or not a suit), claim, suit or action regarding any such Hazardous Substances (whether alleged or real) present due to Tenant and/or regarding the removal and clean-up of same or resulting from the presence of such Hazardous Substances. The representation, warranty and indemnity of Tenant described in this subsection shall survive the termination or expiration of this Lease or purchase of the Property as provided herein. Other than Hazardous Substances caused by Tenant or its agents, contractors or employees, Tenant shall have no duty whatsoever to remove any Hazardous Substances from the Property. (c) In the event that during the Term of this Lease, Tenant is prevented from performing Tenant’s Work and/or Tenant must be unable to operate for a period of thirty (30) days or more for the Permitted Use at the Premises and ceases operating at the Premises as a result of remediation of Hazardous Substances not caused by Tenant or its agents, contractors or employees, and Tenant does not terminate the Lease as provided for in Section 27(b) above, then Fixed Minimum Rent, Additional Rent and all other charges due hereunder must equitably abate until such time as Tenant is able to resume the performance of Tenant’s Work and/or the operation of its business in the Premises. Page 24 of 30 SP1.Page 30 of 253 (d) Tenant, for itself and its successors in interest, waives and releases Landlord from any and all past and present claims and causes of action arising from or relating to the presence or alleged presence of Hazardous Substances in, on, under, about or emanating from the Property, including without limitation any claims for cost recovery, contribution, natural resources damages, property damage, consequential damages, personal or bodily injury (including death) or otherwise, under or on account of any violation, or arising under, Environmental Law. (e) The term “Hazardous Substance” includes, without limitation, any material or substance (regardless of whether discarded, recyclable or recoverable) to which liability or standards of conduct are imposed pursuant to Environmental Laws, including, but not limited to (i) any defined, characteristic or listed “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste”, “hazardous substance”, “hazardous material”, “regulated substance”, “pollutant”, “contaminant” or waste, (ii) petroleum (including crude oil or any fraction thereof, natural gas, liquefied natural gas, synthetic gas or mixtures of natural gas and synthetic gas), (iii) asbestos and any asbestos containing materials, (iv) substances known to cause cancer and/or reproductive toxicity, (v) polychlorinated biphenyls (PCBs) and (vi) radioactive material. The term “Environmental Law” means any federal, state or local law, statute, ordinance, rule, regulation, order, consent, decree, judgment or common-law doctrine, interpretation thereof, and provisions and conditions of permits, licenses, plans, approvals and other operating authorizations whether currently in force or hereafter enacted relating to health, industrial hygiene or the environmental conditions on, under or about the Premises or the Property, as such laws are amended and the regulations and administrative codes applicable thereto, including, by way of example and without limitation, the following: the Illinois Environmental Protection Act; Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”); the Resource Conservation and Recovery Act (“RCRA”); the Clean Air Act; the Clean Water Act; the Safe Water Drinking Act (“SDWA”); the Toxic Substances Control Act; and all state and local counterparts thereto; and any common or civil law obligations including, without limitation, nuisance or trespass. It is the intent of the parties hereto to construe the terms “Hazardous Substance” and “Environmental Law” in their broadest sense. 28. GENERAL CONDITIONS (a) Time is of the essence of this Lease. Any deadlines in this Lease which cannot be met because of delays caused by governmental regulations, inability to procure labor or materials, strikes, acts of God, or other causes (other than financial), beyond the control of Landl ord or Tenant (“Force Majeure”) must be extended by the amount of time caused by such delays; provided, however, the payment of rent must not be excused. Notwithstanding anything herein to the contrary, the failure by Landlord to construct the Premises according to building code and/or to receive timely inspections by the necessary authorities due solely to the negligence, misconduct or financial inability of Landlord or Landlord's contractors, employees or representatives must not constitute Force Majeure. In order for Landlord to claim the occurrence of Force Majeure, Landlord must have notified Tenant in writing of such occurrence within twenty (20) business days after the initial occurrence. (b) No waiver of any breach of the covenants, agreements, obligations and conditions of this Lease to be kept or performed by either party hereto must be construed to be a waiver of any succeeding Page 25 of 30 SP1.Page 31 of 253 breach of the same or any other covenant, agreement, obligation, condition or provision hereof. (c) Tenant must not be responsible for the payment of any commissions in relation to the leasing transaction represented by this Lease. Landlord and Tenant each covenant that they have not dealt with any real estate broker or finder with respect to this Lease (herein collectively “Brokers”). Each party must hold the other party harmless from all damages, claims, liabilities or expenses, including reasonable and actual attorneys' fees (through all levels of proceedings), resulting from any claims that may be asserted against the other party by any real estate broker or finder with whom the indemnifying party either has or is purported to have dealt, except for the Brokers. (d) The use herein of any gender or number must not be deemed to make inapplicable the provision should the gender or number be inappropriate to the party referenced. All section headings, titles or captions contained in this Lease are for convenience only and must not be deemed part of this Lease and must not in any way limit or amplify the terms and provisions of this Lease. (e) Landlord and Tenant have negotiated this Lease, have had the opportunity to be advised respecting the provisions contained herein and have had the right to approve each and every provision hereof; therefore, this Lease must not be construed against either Landlord or Tenant as a result of the preparation of this Lease by or on behalf of either party. (f) If any clause, sentence or other portion of this Lease must become invalid or unenforceable, the remaining portions thereof must remain in full force and effect. (g) Wherever in this Lease Landlord or Tenant is required to give consent, such consent must not be unreasonably withheld, conditioned or delayed except to the extent otherwise expressly provided herein. (h) If the time for performance of any obligation or taking any action under this Lease expires on a Saturday, Sunday or legal holiday, the time for such performance or taking such action must be extended to the next succeeding day which is not a Saturday, Sunday or legal holiday. If the day on which rent or any other payment due hereunder is payable falls on a Saturday, Sunday or on a legal holiday, it must be payable on the next succeeding day which is not a Saturday, Sunday or legal holiday. (i) Each covenant hereunder of Landlord, whether affirmative or negative in nature, is intended to and must bind the Landlord and each successive owner of the Premises and their respective heirs, successors and assigns. (j) There must be no personal liability on Landlord, its elected officials, officers, employees, agents , or any successor in interest with respect to any provisions of this Lease, or amendments, modifications or renewals hereof. Tenant must look solely to the then owner's interest in the Premises (including but not limited to any insurance proceeds, rents, or judgments) for the satisfaction of any remedies of Tenant in the event of a breach by Landlord of any of its obligations hereunder. (l) Landlord hereunder must have the right to assign, sell or transfer Landlord’s interest in this Lease or the Premises with consent of Tenant, which must not be unreasonably withheld. In the event of any Page 26 of 30 SP1.Page 32 of 253 such transfer, the transferor must be automatically relieved of any and all obligations on the part of Landlord accruing from and after the date of such transfer. (m) Tenant acknowledges that it will seek to hire qualified Evanston residents for employment in the Tenant’s business located at the Premises. (n) The parties agree the this Lease must be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes must be in the Circuit Court of Cook County, Illinois. (o) There are no oral agreements between the parties hereto affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, arrangements, letters of intent, lease proposals, brochures, agreements, representations, promises, warranties and understandings between the parties hereto or displayed by Landlord to Tenant with respect to the subject matter thereof, and none thereof must be used to interpret or construe this Lease. This Lease cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. IN WITNESS WHEREOF, the respective parties hereto have executed this Lease by officers or agents thereunto duly authorized. The Effective date is the date executed by the City. City of Evanston 633 Outpost, LLC Sign: _______________________________ Sign: ________________________________ Its: _________________________________ Its: __________________________________ Print Name: __________________________ Print Name: ___________________________ Page 27 of 30 SP1.Page 33 of 253 EXHIBIT A LEGAL DESCRIPTION LOT 5 (EXCEPT THE EAST .062 FEET THEREOF) IN BLOCK 1 IN NILES HOWARD TERMINAL ADDITION, A SUBDIVISION OF THE SOUTH 6.25 CHAINS (412.50 FEET) OF THAT PART OF THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, LYING WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NROTH WESTERN RAILROAD, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P.I.N.: 11-30-209-023-0000 Commonly known: 633 Howard Street, Evanston, IL 60202. Page 28 of 30 SP1.Page 34 of 253 EXHIBIT B SITE PLAN Floor plan to be added upon completion by architect. Page 29 of 30 SP1.Page 35 of 253 EXHIBIT C FIXTURES AND EQUIPMENT LIST One Compartment Sink Three Compartment Sink Hand Sink Splash Mount Pre Rinse Display Case Refrigerated Condensate Hood Upblast Exhaust Hood Soft Dough Hopper Chandeliers Walk in Cooler Counter Tops Double Gas Convection Oven 10 Marble Top Tables 3ft Grab and Go Cooler Ceiling Tile Proofer Page 30 of 30 SP1.Page 36 of 253 Memorandum To: Honorable Mayor and Members of the City Council From: Hitesh Desai, Chief Financial Officer CC: Kate Lewis-Lakin, Budget Coordinator Subject: Ordinance 149-O-19, Approval of Fiscal Year 2020 Budget Date: November 18, 2019 Recommended Action: Staff recommends City Council adoption of Ordinance 149-O-19, approving the Fiscal Year 2020 Budget of the City of Evanston in the amount of $320,709,227. Funding Source: The budget is funded through a variety of revenue sources, including property taxes. Council Action: For Introduction Summary: The 2020-21 Proposed Budget was published on October 4, 2019. The document included a Budget Balancing Worksheet, which included changes to the 2020 Proposed budget. City Council has discussed these items at City Council meetings on October 14, 26, and November as Budget 2020 the implemented, budget balancing all With 11. changes presented for adoption in ordinance 149-O-19 is $320,709,227. 2020 Adopted Budget Changes An updated Budget Balancing Worksheet is attached, which shows the final proposed budget for the General Fund. Lines changed since the Proposed Budget are highlighted. These include: • Removed proposed self-storage user fee, per Council direction. • Reduction to parking ticket revenue as a result of ending Sunday parking meter enforcement. • Holding 4 police officers positions vacant, which is consistent with practice since 2017. Original proposal for 2020 was 3 vacant positions. • New revenue from Welsh-Ryan Arena events - increase of $200,000 in athletic and amusement tax revenue. This is a conservative estimate dependent on the final events approved and ticket prices. SP2.Page 37 of 253 • Increased contributions to Police and Fire pension funds were added to the worksheet. These were shown in the pension funds and property tax levy in the Proposed Budget, but governmental accounting standards requires that the pension levies and contributions are also shown in the General Fund in the Adopted Budget. • Reduction in expenses in the Human Services Division in the Human Services Fund by $100,000. This is achieved by holding vacant 1 of the 2.5 new positions proposed to be added in 2020. This position may be funded in 2021 depending on the success of program consolidation • Move $250,000 in recreational cannabis tax revenue to the Reparations Fund. The following changes to other funds were also made in order to implement the Budget Balancing Worksheet items. • Creation of Reparations Fund, with $250,000 in revenue budgeted from recreational cannabis tax and $250,000 in budgeted expenses. • Decrease in revenue in the Parking Fund of $260,000 due to elimination of Sunday parking meters. • Increase in expenses in the Motor Fuel Tax (MFT) Fund 200 to reflect moving qualified expenses from the General Fund. The MFT Fund is receiving increased revenue in 2020 from the higher state gasoline tax. • Increase in expenses in Emergency Telephone (E911) Fund 205 to reflect an increase in the transfer to the General Fund. • Increase in revenue and expenses in the Equipment Replacement Fund 601 to reflect an increase in the transfer from the General Fund. The total proposed budget by fund is shown in the attachment, with the changes to each fund. The total 2020 budget for adoption is $320,643,851. Changes to taxes and fees that are included on the Budget Balancing Worksheet will also be introduced at the November 18, 2019 City Council meeting. FY 2021 Projected Budget The FY 2021 total Projected Budget is $303,560,900. This includes implementation of all changes included in the FY 2020 budget balancing worksheet. The decrease in expenses of $17 million is due primarily to the completion of construction on the new Robert Crown Center and certain projects at the water treatment plant, plus the expiration of the Good Neighbor Fund agreement with Northwestern University. The FY 2021 projected expenses for the General Fund are $119,321,742. This is an increase of approximately $2 million from the 2020 adopted budget, due to contractually obligated wage increases. The 2021 projected net deficit in the General Fund is $657,550. This is before budgeting for a contribution to fund balance. Having a 2021 projection allows staff to present solutions for balancing the budget earlier in the year. These include negotiating a new Good Neighbor Agreement with Northwestern University and implementing the Ground Emergency Medical Transport (GEMT) supplemental funding program to increase reimbursement for Medicaid patient transports. Staff plans to make adjustments to these projections during 2020 based on actual expenses and revenues and any new solutions proposed during the year. The FY 2021 budget and tax levies will then be proposed and adopted in fall 2020. Page 2 of 9 SP2.Page 38 of 253 Legislative History: The City held a Public Hearing on the 2020 Proposed Budget on October 26, 2019 in accordance with Illinois state municipal law. A separate Truth in Taxation hearing on the 2019 proposed property tax levies was held on October 28, 2019. Both hearings were p roperly noticed in accordance with Illinois state municipal law. Attachments: 2020 BBWS FOR ADOPTION 2020-21 All Funds Budget 149-O-19 2020 Budget Ordinance 10.29 Page 3 of 9 SP2.Page 39 of 253 General Fund Summary Revenues Expenses Net Proposed General Fund (includes sales tax increase)$118,076,525 $117,970,285 $106,240 Proposed General Fund Changes (detail below)$744,033 -$769,793 Adopted General Fund Budget $118,820,558 $117,200,492 $1,620,066 Contribution to general fund balance 1,500,000 $120,066 Proposed General Fund Changes Revenues Expenses Health & Human Services Move consolidated Social Services to Human Services Fund (193,000) (2,287,258) Remove transfer to Human Services Fund (828,471) Decrease to General Fund Tax Levy (2,350,003) Community Development Amusement tax increase (4% to 5%)75,000 Self Storage user fee (5%) Electronic plan review and self-service permitting software 150,000 Administrative Services Disaster recovery software 50,000 New administrative adjudication software 10,000 Long-term financial forecasting software 40,000 Increase transfers to Equipment Replacement Fund 200,000 Parking fine standardization and realignment 75,000 Reduction to Parking Tickets (end Sunday enforcement)(15,000) Police Department Increase to Police Pension contribution 762,946 762,946 Increase Police Department overtime budget 500,000 Increase revenue for overtime reimbursements 400,000 Administrative Towing Fee 50,000 Increase expenses for Police Payouts (per union contracts)400,000 Hold 4 Police Officer positions vacant (as in 2017-2019)(320,000) Elimination of Records Manager position (vacant)(118,000) Reclass Assistant Records Manager to Records Coordinator 10,000 Hold 1 Commander position vacant (retirement Nov. 2019)(166,000) Increase reimbursement for telecommunicators from E911 Fund 200,000 Fire Department Increase to Fire Pension contribution 902,090 902,090 Hold 2 Firefigher positions vacant (156,500) Increase Fire Department overtime budget 100,000 Emergency incident cost recovery (insurance billing only)75,000 Parks, Recreation and Community Services Increase seasonal employee budgets for state minimum wage 125,000 Public Works Agency Triannual elm tree innoculation 550,000 Use of elm tree innoculation reserve funds 500,000 Move expenses to Motor Fuel Tax Fund (858,600) Increase transfer from Motor Fuel Tax Fund 62,000 City-Wide Changes Exempt employee merit increases and compression adjustments 165,000 Tax revenue from Welsh-Ryan Arena Events (Athletic and Amusement tax)200,000 Recreational Cannabis Tax (3%) Total General Fund Proposed Changes $744,033 -$769,793 Proposed 2020 Budget Balancing Worksheet Page 4 of 9 SP2.Page 40 of 253 Human Services Fund Revenues Expenses Human Services Grant Revenue 93,000 Transfer from Library Fund 70,000 Transfer from Good Neighbor Fund (supporting Youth Services)100,000 New Human Services Tax Levy 3,110,000 Mental Health Board Distribution 736,373 Human Services Division (Hold 1 of 2.5 new positions vacant in 2020)1,150,052 Youth and Young Adult Division 1,481,324 Total Proposed Human Services Fund $3,373,000 $3,367,749 Reparations Fund Revenues Expenses Recreational Cannabis Tax (3%)250,000 Reparations Program Expenses $250,000 Total Proposed Reparations Fund $250,000 $250,000 Page 5 of 9 SP2.Page 41 of 253 Fund Name Fund #2020 Proposed Expenses BBWS Adjustments 2020 Adopted Expenses 2021 Projected Expenses General 100 117,970,285 (769,793) 117,200,492 119,321,742 General Assistance 175 1,315,848 - 1,315,848 1,333,985 Health and Human Services 176 887,706 2,480,043 3,367,749 3,510,106 Reparations Fund 177 - 250,000 250,000 250,000 Good Neighbor Fund 180 1,000,000 - 1,000,000 - Library Fund 185 8,472,778 - 8,472,778 8,631,456 Library - Debt Service 186 480,144 - 480,144 482,243 Library - Capital 187 543,000 - 543,000 449,000 Motor Fuel 200 2,432,987 1,052,000 3,484,987 3,484,987 Emergency Telephone 205 1,621,374 200,000 1,821,374 1,604,522 Special Service Area # 4 210 592,665 - 592,665 592,665 CDBG 215 1,963,875 - 1,963,875 2,030,400 CDBG Loan 220 175,000 - 175,000 175,000 HOME 240 659,678 - 659,678 604,799 Affordable Housing Fund 250 1,713,366 - 1,713,366 1,297,741 Debt Service 320 15,840,981 - 15,840,981 15,836,877 Howard-Ridge TIF 330 541,113 - 541,113 507,813 West Evanston TIF 335 740,000 - 740,000 740,000 Dempster-Dodge TIF 340 167,870 - 167,870 165,923 Chicago-Main TIF 345 753,820 - 753,820 4,626,053 Special Service Area #6 350 221,500 - 221,500 221,500 Special Service Area #7 355 154,600 - 154,600 154,600 Special Service Area #8 360 60,200 - 60,200 60,200 Capital Improvement 415 17,051,881 - 17,051,881 13,741,809 Crown Construction 416 8,330,000 - 8,330,000 - Crown Center Maintenance 417 - - - - Special Assessment 420 957,930 - 957,930 989,314 Parking 505 13,362,194 - 13,362,194 11,689,371 Water 510 50,147,012 - 50,147,012 42,723,921 Sewer 515 14,717,225 - 14,717,225 12,833,885 Solid Waste 520 5,837,705 - 5,837,705 5,861,769 Fleet 600 3,161,051 - 3,161,051 3,190,072 Equipment Replacement 601 2,460,000 200,000 2,660,000 2,000,000 Insurance 605 19,437,285 - 19,437,284 19,748,949 Fire Pension 700 10,076,897 - 10,076,897 10,580,762 Police Pension 705 13,449,007 - 13,449,007 14,119,436 Total All Funds 317,296,977$ 3,412,250$ 320,709,227$ 303,560,900$ City of Evanston FY 2020 BudgetPage 6 of 9SP2.Page 42 of 253 11/18/2019 149-O-19 AN ORDINANCE Approving the 2020 Fiscal Year Budget of the City of Evanston WHEREAS, 65 ILCS 5/8-2-9.1 et seq. and Title 1, Chapter 8 of the City Code, 2012, as amended, requires the City Manager to submit to the City Council a proposed budget for the ensuing fiscal year that presents a complete budget for revenues and expenditures plan for each fund; and WHEREAS, in accordance with legal requirements, the City Manager submitted the proposed budget for the 2020 fiscal year to the City Council for its review and the required hearings on said budget were conducted and properly noticed under the Illinois Open Meetings Act, 5 ILCS 120/1 et seq.; and WHEREAS, the City Council has reviewed the proposed budget, with a total expenditure amount of three hundred and twenty million, seven hundred and nine thousand, and two hundred and twenty-seven dollars ($320,709,227), NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The foregoing recitals hereby found as fact and incorporated herein by reference. SECTION 2: That the City Council hereby adopts the City of Evanston’s 2020 fiscal year budget, with a total expenditure amount of three hundred and twenty million, seven hundred and nine thousand, and two hundred and twenty-seven dollars ($320,709,227), summarized in the document attached hereto as Exhibit A and Page 7 of 9 SP2.Page 43 of 253 incorporated herein by reference, and hereby directs the City Manager to implement said budget. SECTION 3: That this Resolution 149-O-19 shall be in full force and effect from and after its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2018 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 8 of 9 SP2.Page 44 of 253 EXHIBIT A City of Evanston – Fiscal Year 2020 Adopted Budget Summary Fund Name Fund #2020 Adopted Expenses General 100 117,200,492 General Assistance 175 1,315,848 Health and Human Services 176 3,367,749 Reparations Fund 177 250,000 Good Neighbor Fund 180 1,000,000 Library Fund 185 8,472,778 Library - Debt Service 186 480,144 Library - Capital 187 543,000 Motor Fuel 200 3,484,987 Emergency Telephone 205 1,821,374 Special Service Area # 4 210 592,665 CDBG 215 1,963,875 CDBG Loan 220 175,000 HOME 240 659,678 Affordable Housing Fund 250 1,713,366 Debt Service 320 15,840,981 Howard-Ridge TIF 330 541,113 West Evanston TIF 335 740,000 Dempster-Dodge TIF 340 167,870 Chicago-Main TIF 345 753,820 Special Service Area #6 350 221,500 Special Service Area #7 355 154,600 Special Service Area #8 360 60,200 Capital Improvement 415 17,051,881 Crown Construction 416 8,330,000 Crown Center Maintenance 417 - Special Assessment 420 957,930 Parking 505 13,362,194 Water 510 50,147,012 Sewer 515 14,717,225 Solid Waste 520 5,837,705 Fleet 600 3,161,051 Equipment Replacement 601 2,660,000 Insurance 605 19,437,284 Fire Pension 700 10,076,897 Police Pension 705 13,449,007 Total All Funds 320,709,227$ Page 9 of 9 SP2.Page 45 of 253 Memorandum To: Honorable Mayor and Members of the City Council From: Hitesh Desai, Chief Financial Officer Subject: Resolutions 110-R-19 through 115-R-19 - Debt Service Property Tax Abatements Date: November 18, 2019 Recommended Action: Staff recommends review and adoption of Resolutions 100-R-19 through 115-R-19 by the City Council, abating in the amount of $5,711,746 property taxes levied for the year 2019 to pay principal and interest on general obligation corporate purpose bonds.The se resolutions can be introduced in one motion as stated above and approved through a single roll call vote. Funding Source: Council Action: For Action Summary: The levy for general obligation debt service is handled differently than a municipal levy for general operating or pension contribution expenses. When a municipality in Cook County issues general obligation debt, the debt amortization schedule is filed with the County after issuance of the bonds, and the County will automatically levy an amount including an allowable 5% loss factor on behalf of the municipality to make the necessary debt payments for both principal and interest. Therefore, the City of Evanston does not levy an annual amount for debt service since the County already does so. Rather, the City must approve and file the necessary abatements for any amounts the City does not desire the County to automatically levy. Generally, abated debt amounts are funded through sources other than property watrevenue, TIF as such taxes incremental special and receipts, er/sewer assessments. The total debt service amount on General Obligation Debt for budget year 2020 (2019 tax levy) is $18,713,821. Of this, $5,711,746 is abated by sources other than property taxes, resulting in a net levy in the amount of $13,002,075. This includes both the City levy of $12,521,931and Library Debt Service Levy of $480,144. The County will extend the debt service levy including allowable loss factor of 5%. SP3.Page 46 of 253 Attachments A and B of this report provide a summary of the City’s total abatement of $5,711,746. Attachment A shows abatement and net tax levy by bond issue. Attachment B provides a summary of 2019 abatement amounts from each fund. SERIES 2011A Resolution 100-R-19 abates a portion of the 2019 levy required for 2011A not to exceed $19,300,000 General Obligation Bonds. These Bonds were issued to provide financing for public improvement projects, make deposits into certain debt service funds of the City’s Sewerage System and refund certain outstanding obligations. Resolution 100 -R-19 abates $418,199 from the 2019 levy of $1,233,905. Funds for the abatement of $239,697 are derived from Water Fund, $128,984 from Sewer Fund - sewer surcharge, and $49,518 from Sewer Fund. SERIES 2012A Resolution 101-R-19 abates a portion of the 2019 levy required for 2012A not to exceed $16,220,000 General Obligation Bonds. These Bonds were issued to provide financing for public improvement projects, make deposits into certain debt service funds of the City’s Sewerage System and refund certain outstanding obligations. Resolution 101 -R-19 abates the $385,732 from the 2019 levy of $1,108,931. Funds for the abatement of $302,644 are derived from Water Fund, and $83,088 from Sewer Fund – sewer surcharge. SERIES 2013A Resolution 102-R-19 abates a portion of the 2019 levy required for 2013A not to exceed $12,700,000 General Obligation Bonds. These Bonds were issued to fund the City’s public improvement projects and to provide for debt service funds of the City’s Sewerage System. Resolution 102-R-19 abates $224,886 from the 2019 levy of $995,395. Funds for the abatement are derived from $29,000 from Special Assessments, $150,471 from Water Fund, and $45,415 from Sewer Fund surcharge revenue. SERIES 2013B Resolution 103-R-19 abates a portion of the 2019 levy required for 2013B not to exceed $30,000,000 General Obligation Bonds. These Bonds were issued to refund Series 2004, 2004B and 2005 Bonds. Resolution 103-R-19 abates $39,500 from the 2019 levy of $2,040,400. Funds for the abatement are derived from $39,500 from the Special Assessments Fund. SERIES 2014A Resolution 104-R-19 abates a portion of the 2019 levy required for 2014A not to exceed $13,000,000 General Obligation Bonds. These Bonds were issued to fund the City’s public improvement projects. Resolution 104-R-19 abates $245,564 from the 2019 levy of $889,327. Funds for the abatement of $195,964 are derived from the Water Fund and $49,600 from Special Assessments. SERIES 2015A Resolution 105-R-19 abates a portion of the 2019 levy required for 2015A not to exceed $14,000,000 General Obligation Bonds. These Bonds were issued to fund the City’s public Page 2 of 57 SP3.Page 47 of 253 improvement projects. Resolution 105-R-19 abates $419,331 from the 2019 levy of $940,238. Funds for the abatement of $388,331 are derived from the Water Fund and $31,000 from Special Assessments. SERIES 2015B Resolution 106-R-19 abates a portion of the 2019 levy required for Series 2015B not to exceed $11,475,000 General Obligation Bonds. These Bonds were issued to refund the remaining balance of the Series 2006B outstanding Bonds. Resolution 106 -R-19 abates $1,142,173 from the 2019 levy of $1,871,750. Funds for the abatement are derived from a transfer from the General Fund to the Debt Service Fund. SERIES 2016A Resolution 107-R-19 abates a portion of the 2019 levy required for Series 2016A not to exceed $14,000,000 General Obligation Bonds. Resolution 107 -R-19 abates $288,494 from the 2019 levy of $921,888. Funds for the abatement of $236,294 are derived from the Water Fund and $52,200 from the Special Assessments. SERIES 2017A Resolution 108-R-19 abates a portion of the 2019 levy required for Series 2017A not to exceed $14,500,000 General Obligation Bonds. Resolution 108 -R-19 abates $126,775 from the 2019 levy of $992,325. Funds for the abatement of $55,600 are derived from Special Assessments, and $71,175 from the Water Fund. SERIES 2017B Resolution 109-R-19 abates a portion of the 2019 levy required for Series 2017B not to exceed $9,225,000 General Obligation Bonds. Resolution 109 -R-19 abates $59,303 from the 2019 levy of $1,030,800. Funds for the abatement of $59,303 are derived from Special Assessments. SERIES 2017C Resolution 110-R-19 abates a portion of the 2019 levy required for Series 2017C not to exceed $5,000,000 General Obligation Bonds. These bonds were issued for projects in the Dempster-Dodge and Chicago-Main TIF Districts. Resolution 110-R-19 abates the entire $391,480 of the 2019 tax levy. Funds for abatement of $160,870 are derived from the Dempster-Dodge TIF Fund and $230,610 from the Chicago-Main TIF Fund. SERIES 2018A Resolution 111-R-19 abates a portion of the 2019 levy required for Series 2018A not to exceed $24,385,000 General Obligation Bonds. These bonds were issued for paying a portion of costs of constructing a new Robert Crown Center. Resolution 111-R-19 abates entire $998,869 from the 2019 levy. Funds for the abatement of $998,869 are derived from transfers from General Fund. SERIES 2018B Resolution 112-R-19 abates a portion of the 2019 levy required for Series 2018B not to exceed $16,545,000 General Obligation Bonds. These bonds were issued for the purpose of Page 3 of 57 SP3.Page 48 of 253 providing for capital improvements. Resolution 112-R-19 abates $200,234 from the 2019 tax levy of $684,800. Funds for abatement of $200,234 are derived from the Water Fund. SERIES 2018C Resolution 113-R-19 abates a portion of the 2019 levy required for Series 2018C not to exceed $8,020,000 General Obligation Bonds. Resolution 113 -R-19 abates $293,220 from the 2019 levy of $1,438,900. Funds for the abatement of $49,698 are derived from Special Assessments, and $243,522 from the Sewer Fund. SERIES 2018D Resolution 114-R-19 abates a portion of the 2019 levy required for Series 2018D not to exceed $3,570,000 General Obligation Bonds. These bonds were issued for projects in the Howard-Ridge TIF District. Resolution 114-R-19 abates the entire $143,113 of the 2019 tax levy. Funds for abatement of $143,113 are derived from the Howard-Ridge TIF Fund. SERIES 2019B Resolution 115-R-19 abates a portion of the 2019 levy required for Series 2019B not to exceed $18,000,000 General Obligation Bonds. These bonds were issued for Capital Improvement projects through out the city. Resolution 115 -R-19 abates $334,873 from the 2019 levy of $1,024,250. Funds for the abatement of $20,028 are derived from Special Assessments, $234,732 from Water Fund and $80,113 from the Sewer Fund. Attachments: 2019 Attachment A - Abatements by bond issue 2019 Attachment B - Abatements by fund 100-R-19 2019 Abate resolution-series 2011A 101-R-19 2019 Abate resolution-series 2012A 102-R-19 2019 Abate resolution-series 2013A 103-R-19 2019 Abate resolution-series 2013B 104-R-19 2019 Abate resolution-series 2014A 105-R-19 2019 Abate resolution-series 2015A 106-R-19 2019 Abate resolution-series 2015B 107-R-19 2019 Abate resolution-series 2016A 108-R-19 2019 Abate resolution-series 2017A 109-R-19 2019 Abate resolution-series 2017B 110-R-19 2019 Abate resolution-series 2017C 111-R-19 2019 Abate resolution-series 2018A 112-R-19 2019 Abate resolution-series 2018B 113-R-19 2019 Abate resolution-series 2018C 114-R-19 2019 Abate resolution-series 2018D 115-R-19 2019 Abate resolution-series 2019B Page 4 of 57 SP3.Page 49 of 253 Attachment A General Obligation Debt Summary --- Property Tax Supported Debt 2019 Tax Levy (2020 Budget) Bond Series and amount not to exceed per ordinance Total Principal Interest Series 2010A $6,500,000 480,600 345,000 135,600 Series 2010 B $9,166,678 - - - Series 2011 A $19,300,000 1,233,905 789,999 443,906 Series 2012 A $16,220,000 1,108,931 850,000 258,931 Series 2013A $12,700,000 995,395 585,000 410,395 Series 2013B $30,000,000 2,040,400 1,765,000 275,400 Series 2014A $13,000,000 889,327 510,000 379,327 Series 2015A $14,000,000 940,238 540,000 400,238 Series 2015B $11,475,000 1,871,750 1,750,000 121,750 Series 2016A $14,000,000 921,888 575,000 346,888 Series 2016B $8,155,000 889,350 730,000 159,350 Series 2017A $14,500,000 992,325 545,000 447,325 Series 2017B $9,665,000 1,030,800 830,000 200,800 Series 2017C $5,000,000 391,480 230,000 161,480 Series 2018A $24,385,000 998,869 - 998,869 Series 2018B $16,545,000 684,800 - 684,800 Series 2018C $8,020,000 1,438,900 1,070,000 368,900 Series 2018D $3,570,000 143,113 - 143,113 Series 2019A 637,500 - 637,500 Series 2019B 1,024,250 385,000 639,250 Total 18,713,821$ 11,499,999$ 7,213,822$ Abatements by Bond Issue Total Principal Interest Series 2010A - - - Series 2010B - - - Series 2011A 418,199 313,967 104,232 Series 2012A 385,732 288,088 97,644 Series 2013A 224,886 155,415 69,471 Series 2013B 39,500 30,000 9,500 Series 2014A 245,564 150,000 95,564 Series 2015A 419,331 245,000 174,331 Series 2015B 1,142,173 1,142,173 - Series 2016A 288,494 185,000 103,494 Series 2016B - - - Series 2017A 126,775 80,000 46,775 Series 2017B 59,303 47,751 11,552 Series 2017C 391,480 230,000 161,480 Series 2018A 998,869 - 998,869 Series 2018B 200,234 - 200,234 Series 2018C 293,220 218,046 75,174 Series 2018D 143,113 - 143,113 Series 2019A - - - Series 2019B 334,873 125,873 209,000 Total Amount To Be Abated 2019 5,711,746$ 3,211,313$ 2,500,433$ Page 5 of 57 SP3.Page 50 of 253 Property Tax Supported Levy after Abatement Total Principal Interest Series 2010 A 480,600 345,000 135,600 Series 2010 B - - - Series 2011 A 815,706 476,032 339,674 Series 2012 A 723,199 561,912 161,287 Series 2013A 770,509 429,585 340,924 Series 2013B 2,000,900 1,735,000 265,900 Series 2014A 643,763 360,000 283,763 Series 2015A 520,907 295,000 225,907 Series 2015B 729,577 607,827 121,750 Series 2016A 633,394 390,000 243,394 Series 2016B 889,350 730,000 159,350 Series 2017A 865,550 465,000 400,550 Series 2017B 971,497 782,249 189,248 Series 2017C - - - Series 2018A - - - Series 2018B 484,566 - 484,566 Series 2018C 1,145,680 851,954 293,726 Series 2018D - - - Series 2019A 637,500 - 637,500 Series 2019B 689,377 259,127 430,250 Total Property Tax Supported Levy - Year 2019 13,002,075$ 8,288,686$ 4,713,389$ Library Debt Service Fund Levy - Year 2019 480,144 222,648 257,496 City Debt Service Fund Levy - Year 2019 12,521,931 8,066,038 4,455,893 Debt Service Payments Series 2010A Total Principal Interest Series 2010A 480,600 345,000 135,600 Net Property TAX LEVY 2019 480,600 345,000 135,600 Series 2010B Total Principal Interest Series 2010B - - - Less ERI Transfers From all Funds - - - Net Property TAX LEVY 2019 - - - Series 2011A Total Principal Interest Series 2011A 1,233,905 789,999 443,906 Less Water debt service 239,697 153,311 86,386 Less Sewer Surcharge Revenue 128,984 128,984 - Less Sewer debt service 49,518 31,672 17,846 Total Abatement from Debt Service Fund Resources 418,199 313,967 104,232 Net Property TAX LEVY 2019 815,706 476,032 339,674 Series 2012A Total Principal Interest Series 2012A 1,108,931 850,000 258,931 Less Sewer Surcharge Revenue 83,088 83,088 - Less Water debt service 302,644 205,000 97,644 Total Abatement from Debt Service Fund Resources 385,732 288,088 97,644 Net Property TAX LEVY 2019 723,199 561,912 161,287 Page 6 of 57 SP3.Page 51 of 253 Series 2013A Total Principal Interest Series 2013A 995,395 585,000 410,395 Less Special Assessment Fund 29,000 25,000 4,000 Less Sewer Surcharge Revenue 45,415 45,415 - Less Water debt service 150,471 85,000 65,471 Total Abatement from Debt Service Fund Resources 224,886 155,415 69,471 Net Property TAX LEVY 2019 770,509 429,585 340,924 Series 2013B Total Principal Interest Series 2013B 2,040,400 1,765,000 275,400 Less Special Assessment Fund 39,500 30,000 9,500 Total Abatement from Debt Service Fund Resources 39,500 30,000 9,500 Net Property TAX LEVY 2019 2,000,900 1,735,000 265,900 Series 2014A Total Principal Interest Series 2014A 889,327 510,000 379,327 Less Special Assessment Fund 49,600 40,000 9,600 Less Water debt service 195,964 110,000 85,964 Total Abatement from Debt Service Fund Resources 245,564 150,000 95,564 Net Property TAX LEVY 2019 643,763 360,000 283,763 Series 2015A Total Principal Interest Series 2015A 940,238 540,000 400,238 Less Special Assessment Fund 31,000 25,000 6,000 Less Water debt service 388,331 220,000 168,331 Total Abatement from Debt Service Fund Resources 419,331 245,000 174,331 Net Property TAX LEVY 2019 520,907 295,000 225,907 Series 2015B Total Principal Interest Series 2015B (2006B Refunding)1,871,750 1,750,000 121,750 Less Transfer from General Fund 1,142,173 1,142,173 - Total Abatement from Debt Service Fund Resources 1,142,173 1,142,173 - Net Property TAX LEVY 2019 729,577 607,827 121,750 Series 2016A Total Principal Interest Series 2016A 921,888 575,000 346,888 Less Special Assessment Fund 52,200 40,000 12,200 Less Water debt service 236,294 145,000 91,294 Total Abatement from Debt Service Fund Resources 288,494 185,000 103,494 Net Property TAX LEVY 2019 633,394 390,000 243,394 Page 7 of 57 SP3.Page 52 of 253 Series 2016B Total Principal Interest Series 2016B (2006A Refunding)889,350 730,000 159,350 Net Property TAX LEVY 2019 889,350 730,000 159,350 Series 2017A Total Principal Interest Series 2017A 992,325 545,000 447,325 Less Special Assessment Fund 55,600 40,000 15,600 Less Water debt service 71,175 40,000 31,175 Total Abatement from Debt Service Fund Resources 126,775 80,000 46,775 Net Property TAX LEVY 2019 865,550 465,000 400,550 Series 2017B Total Principal Interest Series 2017B (2007A Refunding)1,030,800 830,000 200,800 Less Special Assessment Fund 59,303 47,751 11,552 Total Abatement from Debt Service Fund Resources 59,303 47,751 11,552 Net Property TAX LEVY 2019 971,497 782,249 189,248 Series 2017C Total Principal Interest Series 2017C 391,480 230,000 161,480 Less Dempster-Dodge TIF Debt Service 160,870 95,000 65,870 Less Chicago-Main TIF Debt Service 230,610 135,000 95,610 Total Abatement from Debt Service Fund Resources 391,480 230,000 161,480 Net Property TAX LEVY 2019 - - - Series 2018A Total Principal Interest Series 2018A 998,869 - 998,869 Less Transfer from General Fund 998,869 - 998,869 Total Abatement from Debt Service Fund Resources 998,869 - 998,869 Net Property TAX LEVY 2019 - - - Series 2018B Total Principal Interest Series 2018B 684,800 - 684,800 Less Water Fund Debt Service 200,234 - 200,234 Total Abatement from Debt Service Fund Resources 200,234 - 200,234 Net Property TAX LEVY 2019 484,566 - 484,566 Series 2018C Total Principal Interest Series 2018C 1,438,900 1,070,000 368,900 Less Special Assessment Fund 49,698 36,957 12,741 Less Sewer Fund Debt Service 243,522 181,089 62,433 Total Abatement from Debt Service Fund Resources 293,220 218,046 75,174 Net Property TAX LEVY 2019 1,145,680 851,954 293,726 Page 8 of 57 SP3.Page 53 of 253 Series 2018D Total Principal Interest Series 2018D 143,113 - 143,113 Less Howard-Ridge TIF Debt Service 143,113 - 143,113 Total Abatement from Debt Service Fund Resources 143,113 - 143,113 Net Property TAX LEVY 2019 - - - Series 2019A Total Principal Interest Series 2019A 637,500 - 637,500 Net Property TAX LEVY 2019 637,500 - 637,500 Series 2019B Total Principal Interest Series 2019B 1,024,250 385,000 639,250 Less Special Assessment Fund 20,028 7,528 12,500 Less Water Fund Debt Service 234,732 88,232 146,500 Less Sewer Fund Debt Service 80,113 30,113 50,000 Total Abatement from Debt Service Fund Resources 334,873 125,873 209,000 Net Property TAX LEVY 2019 689,377 259,127 430,250 Page 9 of 57 SP3.Page 54 of 253 Attachment B Abatement Summary by Fund 2019 Tax Levy (2020 Budget) Series Year General Fund Water Sewer Dempster- Dodge TIF Chicago-Main TIF Howard-Ridge TIF Special Assessment Total 2011A Bonds 239,697 178,502 418,199 2012A Bonds 302,644 83,088 385,732 2013A Bonds 150,471 45,415 29,000 224,886 2013B Bonds 39,500 39,500 2014A Bonds 195,964 49,600 245,564 2015A Bonds 388,331 31,000 419,331 2015B Bonds 1,142,173 1,142,173 2016A Bonds 236,294 52,200 288,494 2017A Bonds 71,175 55,600 126,775 2017B Bonds 59,303 59,303 2017C Bonds 160,870 230,610 391,480 2018A Bonds 998,869 998,869 2018B Bonds 200,234 200,234 2018C Bonds 243,522 49,698 293,220 2018D Bonds 143,113 143,113 2019A Bonds - 2019B Bonds 234,732 80,113 20,028 334,873 Total 2,141,042 2,019,542 630,640 160,870 230,610 143,113 385,929 5,711,746 Page 10 of 57 SP3.Page 55 of 253 11/18/2019 100-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $19,300,000 General Obligation Bonds, Series 2011A, of the City of Evanston, Cook County, Illinois WHEREAS, on the 11th day of July, 2011, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 59-O-11 entitled: An Ordinance providing for the issuance of one or more series of General Obligation Bonds, Series 2011A, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds; and WHEREAS, the Series 2011A bond total is Nineteen Million Three Hundred Thousand Dollars ($19,300,000) there is available from other sources the amount of Four Hundred Eighteen Thousand, One Hundred Ninety-Nine Dollars ($418,199) which may lawfully be utilized to pay sums due on said 2011A bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of Page 11 of 57 SP3.Page 56 of 253 100-R-19 ~2~ General Obligation Bonds, Series 2011A, of the City of Evanston, Cook County, Illinois, passed July 11, 2011, as Ordinance 59-O-11, be and the same hereby are abated for the year 2019 under the Series 2011A bonds by the amount of Four Hundred Eighteen Thousand, One Hundred Ninety -Nine Dollars ($418,199) SECTION 2: That the City Manager, upon passage of this Resolution 100-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 59-O-11 and the accompanying Bond Order for the year 2019 in the amount of Four Hundred Eighteen Thousand, One Hundred Ninety -Nine Dollars ($418,199 ). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 100-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Page 12 of 57 SP3.Page 57 of 253 100-R-19 ~3~ Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 13 of 57 SP3.Page 58 of 253 11/18/2019 101-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $16,220,000 General Obligation Bonds, Series 2012A, of the City of Evanston, Cook County, Illinois WHEREAS, on the 9th day of July, 2012, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 67-O-12 entitled: An Ordinance providing for the issuance of one or more series of General Obligation Bonds, Series 2012A, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds; and WHEREAS, the Series 2012A bond total is Sixteen Million, Two Hundred Twenty Thousand Dollars ($16,220,000), there is available from other sources the amount of Three Hundred Eighty Five Thousand, Seven Hundred Thirty-Two Dollars ($385,732.00) which may lawfully be utilized to pay sums due on said series 2012A bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of Page 14 of 57 SP3.Page 59 of 253 101-R-19 ~2~ General Obligation Bonds, Series 2012A, of the City of Evanston, Cook County, Illinois, passed July 9, 2012, as Ordinance 67-O-12, be and the same hereby are abated for the year 2019 by the amount of Three Hundred Eighty Five Thousand, Seven Hundred Thirty-Two Dollars ($385,732.00). SECTION 2: That the City Manager, upon passage of this Resolution 101-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 67-O-12 and the accompanying Bond Order for the year 2019 under the Series 2012A bonds in the amount of Three Hundred Eighty Five Thousand, Seven Hundred Thirty-Two Dollars ($385,732.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 101-R-19 shall be in full force and effect from and after the date of its passage and approval i n the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Page 15 of 57 SP3.Page 60 of 253 101-R-19 ~3~ Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 16 of 57 SP3.Page 61 of 253 11/18/2019 102-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $12,700,000 General Obligation Bonds, Series 2013A, of the City of Evanston, Cook County, Illinois WHEREAS, on the 22nd day of July, 2013, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 84-O-13 entitled: An Ordinance providing for the issuance of one or more series of not to exceed $12,700,000 General Obligation Bonds, Series 2013A, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds; and WHEREAS, the Series 2013A bond total is Twelve Million, Seven Hundred Thousand Dollars ($12,700,000) there is available from other sources the amount of Two Hundred Twenty-Four Thousand, Eight Hundred Eighty- Six Dollars ($224,886.00) which may lawfully be utilized to pay sums due on said series 2013A bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of General Obligation Bonds, Series 2013A, of the City of Evanston, Cook County, Page 17 of 57 SP3.Page 62 of 253 102-R-19 ~2~ Illinois, passed July 22, 2013, as Ordinance 84-O-13, be and the same hereby are abated for the year 2019 by the amount of Two Hundred Twenty-Four Thousand, Eight Hundred Eighty-Six Dollars ($224,886). SECTION 2: That the City Manager, upon passage of this Resolution 102-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 84-O-13 and the accompanying Bond Order for the year 2019 under the Series 2013A bonds in the amount of Two Hundred Twenty-Four Thousand, Eight Hundred Eighty-Six Dollars ($224,886.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 102-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 18 of 57 SP3.Page 63 of 253 11/18/2019 103-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $30,000,000 General Obligation Bonds, Series 2013B, of the City of Evanston, Cook County, Illinois WHEREAS, on the 28th day of October, 2013, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 114-O-13 entitled: An Ordinance providing for the issuance of one or more series of not to exceed $30,000,000 General Obligation Refunding Bonds, Series 2013B, of the City of Evanston, Cook County, Illinois, for refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the pri ncipal of and interest on said bonds; and WHEREAS, the Series 2013B bond total is Thirty Million Dollars ($30,000,000), there is available from other sources the amount of Thirty-Nine Thousand, Five Hundred Dollars ($39,500.00) which may lawfully be utilized to pay sums due on said series 2013B bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: Page 19 of 57 SP3.Page 64 of 253 103-R-19 ~2~ SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of General Obligation Bonds, Series 2013B, of the City of Evanston, Cook County, Illinois, passed October 28, 2013, as Ordinance 114-O-13, be and the same hereby are abated for the year 2019 by the amount of Thirty-Nine Thousand, Five Hundred Dollars ($39,500.00) SECTION 2: That the City Manager, upon passage of this Resolution 103-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 114-O-13 and the accompanying Bond Order for the year 2019 under the Series 2013B bonds in the amount of Thirty-Nine Thousand, Five Hundred Dollars ($39,500.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 103-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Page 20 of 57 SP3.Page 65 of 253 103-R-19 ~3~ Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 21 of 57 SP3.Page 66 of 253 11/18/2019 104-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $13,000,000 General Obligation Bonds, Series 2014A, of the City of Evanston, Cook County, Illinois WHEREAS, on the 28th day of July, 2014, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 91-O-14 entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $13,000,000 General Obligation Corporate Purpose Bonds, Series 2014A, of the City of Evanston, Cook County, Illinois, for capital improvement purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. and WHEREAS, the Series 2014A bond total is Thirteen Million Dollars ($13,000,000), there is available from other sources the amount of Two Hundred Forty-Five Thousand, Five Hundred Sixty-Four Dollars ($245,564.00) which may lawfully be utilized to pay sums due on said series 2014A bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of Page 22 of 57 SP3.Page 67 of 253 104-R-19 ~2~ General Obligation Bonds, Series 2014A of the City of Evanston, Cook County, Illinois, passed July 28, 2014, as Ordinance 91-O-14, be and the same hereby are abated for the year 2019 under the Series 2014A bonds by the amount of Two Hundred Forty-Five Thousand, Five Hundred Sixty-Four Dollars ($245,564.00). SECTION 2: That the City Manager, upon passage of this Resolution 104-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 91-O-14 and the accompanying Bond Order for the year 2019 in the amount of Two Hundred Forty-Five Thousand, Five Hundred Sixty-Four Dollars ($245,564.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 104-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Page 23 of 57 SP3.Page 68 of 253 104-R-19 ~3~ Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 24 of 57 SP3.Page 69 of 253 11/18/2019 105-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2015A, of the City of Evanston Cook County, Illinois WHEREAS, on the 12th day of October 2015, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 124-O-15 entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2015A and one or more series of not to exceed $11,475,000 General Obligation Refunding Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds and WHEREAS, the Series 2015A bond total is Fourteen Million Dollars ($14,000,000), there is available from other sources the amount of Four Hundred Nineteen Thousand, Three Hundred Thirty One Dollars ($419,331.00) which may lawfully be utilized to pay sums due on said series 2015A bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: Page 25 of 57 SP3.Page 70 of 253 105-R-19 ~2~ SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of not to exceed Fourteen Million Dollars ($14,000,000.00) General Obligation Bonds, Series 2015A, of the City of Evanston, Cook County, Illinois, passed October 12, 2015, as Ordinance 124-O-15, be and the same hereby are abated for the year 2019 under the Series 2015A bonds by the amount of Four Hundred Nineteen Thousand, Three Hundred Thirty One Dollars ($419,331.00). SECTION 2: That the City Manager, upon passage of this Resolution 105-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 124-O-15 and the accompanying Bond Order for the year 2019 in the amount of Four Hundred Nineteen Thousand, Three Hundred Thirty One Dollars ($419,331.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 105-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Page 26 of 57 SP3.Page 71 of 253 105-R-19 ~3~ Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 27 of 57 SP3.Page 72 of 253 11/18/2019 106-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $11,475,000 General Obligation Corporate Purpose Bonds, Series 2015B, of the City of Evanston Cook County, Illinois WHEREAS, on the 12th day of October 2015, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 124-O-15 entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2015A and one or more series of not to exceed $11,475,000 General Obligation Refunding Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. and WHEREAS, the Series 2015B bond total is Eleven Million, Four Hundred Seventy-Five Thousand ($11,475,000), there is available from other sources the amount of One Million, One Hundred Forty-Two Thousand, One Hundred Seventy-Three Dollars ($1,142,173) which may lawfully be utilized to pay sums due on said series 2015B bonds for which taxes were heretofore levied; Page 28 of 57 SP3.Page 73 of 253 106-R-19 ~2~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of not to exceed Eleven Million Four Hundred Seventy-Five Thousand Dollars ($11,475,000.00) General Obligation Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois, passed October 12, 2015, as Ordinance 124-O-15, be and the same hereby are abated for the year 2019 under the Series 2015B bonds by the amount of One Million, One Hundred Forty-Two Thousand, One Hundred Seventy-Three Dollars ($1,142,173). SECTION 2: That the City Manager, upon passage of this Resolution 106-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 124-O-15 and the accompanying Bond Order for the yea r 2019 in the amount of One Million, One Hundred Forty-Two Thousand, One Hundred Seventy-Three Dollars ($1,142,173). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 106-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Page 29 of 57 SP3.Page 74 of 253 106-R-19 ~3~ ______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 30 of 57 SP3.Page 75 of 253 11/18/2019 107-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2016A, of the City of Evanston Cook County, Illinois WHEREAS, on the 29th day of July, 2016, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 76-O-16 entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2016A and one or more series of not to exceed $8,155,000 General Obligation Refunding Bonds, Series 2016B, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. and WHEREAS, the Series 2016A bond total is Fourteen Million Dollars ($14,000,000), there is available from other sources the amount of Two Hundred Eighty-Eight Thousand, Four Hundred Ninety-Four Dollars ($288,494.00) which may lawfully be utilized to pay sums due on said series 2016B bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: Page 31 of 57 SP3.Page 76 of 253 107-R-19 ~2~ SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of not to exceed Fourteen Million Dollars ($14,000,000.00) General Obligation Bonds, Series 2016A, of the City of Evanston, Cook County, Illinois, passed July 29, 2016, as Ordinance 76-O-16, be and the same hereby are abated for the year 2019 under the Series 2016A bonds by the amount of Two Hundred Eighty- Eight Thousand, Four Hundred Ninety-Four Dollars ($288,494.00). SECTION 2: That the City Manager, upon passage of this Resolution 107-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 76-O-16 and the accompanying Bond Order for the year 2019 in the amount of Two Hundred Eighty-Eight Thousand, Four Hundred Ninety-Four Dollars ($288,494.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 107-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Page 32 of 57 SP3.Page 77 of 253 107-R-19 ~3~ Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 33 of 57 SP3.Page 78 of 253 11/18/2019 108-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $14,500,000 General Obligation Corporate Purpose Bonds, Series 2017A, of the City of Evanston Cook County, Illinois WHEREAS, on the 11th day of September, 2017, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 82-O-17 entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,500,000 General Obligation Corporate Purpose Bonds, Series 2017A, one or more series of not to exceed $9,665,000 General Obligation Refunding Bonds, Series 2017B, and one or more series of not to exceed $5,000,000 Taxable General Obligation Corporate Purpose Bonds, Series 2017C of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing and directing the execution of an escrow agreement in connection with said bonds, and authorizing and directing the sale of said bonds at public competitive sale. and WHEREAS, the Series 2017A bond total is Fourteen Million, Five Hundred Thousand Dollars ($14,500,000), there is available from other sources the amount of One Hundred Twenty-Six Thousand, Seven Hundred and Seventy-Five Dollars ($126,775.00) which may lawfully be utilized to pay sums due on said series 2017A bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: Page 34 of 57 SP3.Page 79 of 253 108-R-19 ~2~ SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of not to exceed Fourteen Million Five Hundred Thousand Dollars ($14,500,000.00) General Obligation Bonds, Series 2017A, of the City of Evanston, Cook County, Illinois, passed September 11, 2017, as Ordinance 82-O-17, be and the same hereby are abated for the year 2019 under the Series 2010A bonds by the amount of One Hundred Twenty-Six Thousand, Seven Hundred and Seventy- Five Dollars ($126,775.00). SECTION 2: That the City Manager, upon passage of this Resolution 108-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 82-O-17 and the accompanying Bond Order for the year 2019 in the amount of One Hundred Twenty-Six Thousand, Seven Hundred and Seventy-Five Dollars ($126,775.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 108-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Page 35 of 57 SP3.Page 80 of 253 108-R-19 ~3~ Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 36 of 57 SP3.Page 81 of 253 11/11/2019 109-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $9,665,000 General Obligation Corporate Purpose Bonds, Series 2017B, of the City of Evanston Cook County, Illinois WHEREAS, on the 11th day of September, 2017, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 82-O-17 entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,500,000 General Obligation Corporate Purpose Bonds, Series 2017A, one or more series of not to exceed $9,665,000 General Obligation Refunding Bonds, Series 2017B, and one or more series of not to exceed $5,000,000 Taxable General Obligation Corporate Purpose Bonds, Series 2017C of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing and directing the execution of an escrow agreement in connection with said bonds, and authorizing and directing the sale of said bonds at public competitive sale. and WHEREAS, the Series 2017B bond total is Nine Million, Six Hundred Sixty-Five Thousand Dollars ($9,665,000), there is available from other sources the amount of Fifty-Nine Thousand, Three Hundred and Three Dollars ($59,303.00) which may lawfully be utilized to pay sums due on said series 2017BA bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: Page 37 of 57 SP3.Page 82 of 253 109-R-19 ~2~ SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of not to exceed Nine Million, Six Hundred Sixty-Five Thousand Dollars ($9,665,000) General Obligation Refunding Bonds , Series 2017B, of the City of Evanston, Cook County, Illinois, passed September 11, 2017, as Ordinance 82- O-17, be and the same hereby are abated for the year 2019 under the Series 2017B bonds by the amount of Fifty-Nine Thousand, Three Hundred and Three Dollars ($59,303.00). SECTION 2: That the City Manager, upon passage of this Resolution 109-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 82-O-17 and the accompanying Bond Order for the year 2019 in the amount of Fifty-Nine Thousand, Three Hundred and Three Dollars ($59,303.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 109-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Page 38 of 57 SP3.Page 83 of 253 109-R-19 ~3~ Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 39 of 57 SP3.Page 84 of 253 11/18/2019 110-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $5,000,000 General Obligation Corporate Purpose Bonds, Series 2017C, of the City of Evanston Cook County, Illinois WHEREAS, on the 11th day of September, 2017, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 82-O-17 entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,500,000 General Obligation Corporate Purpose Bonds, Series 2017A, one or more series of not to exceed $9,665,000 General Obligation Refunding Bonds, Series 2017B, and one or more series of not to exceed $5,000,000 Taxable General Obligation Corporate Purpose Bonds, Series 2017C of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing and directing the execution of an escrow agreement in connection with said bonds, and authorizing and directing the sale of said bonds at public competitive sale. and WHEREAS, the Series 2017C bond total is Five Million Dollars ($5,000,000) there is available from other sources the amount of Three Hundred Ninety-One Thousand, Four Hundred Eighty Dollars ($391,480.00) which may lawfully be utilized to pay sums due on said series 2017C bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: Page 40 of 57 SP3.Page 85 of 253 110-R-19 ~2~ SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of not to exceed Five Million Dollars ($5,000,000.00) General Obligation Bonds, Series 2017C, of the City of Evanston, Cook County, Illinois, passed September 11, 2017, as Ordinance 82-O-17, be and the same hereby are abated for the year 2019 under the Series 2017C bonds by the amount of Three Hundred Ninety-One Thousand, Four Hundred Eighty Dollars ($391,480.00). SECTION 2: That the City Manager, upon passage of this Resolution 110-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 82-O-17 and the accompanying Bond Order for the year 2019 in the amount of Three Hundred Ninety-One Thousand, Four Hundred Eighty Dollars ($391,480.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 110-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Page 41 of 57 SP3.Page 86 of 253 110-R-19 ~3~ Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 42 of 57 SP3.Page 87 of 253 11/18/2019 111-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $24,385,000 General Obligation Corporate Purpose Bonds, Series 2018A, of the City of Evanston Cook County, Illinois WHEREAS, on the 9th day of July, 2018, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 71-O-18 entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $50,000,000 General Obligation Corporate Purpose Bonds, Series 2018A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center, one or more series of not to exceed $20,000,000 General Obligation Corporate Purpose Bonds, Series 2018B, for capital improvements, one or more series of not to exceed $10,000,000 General Obligation Refunding Bonds, Series 2018C, for refunding purposes and one or more series of not to exceed $5,000,000 Taxable General Obligation Corporate Purpose Bonds, Series 2018D, for redevelopment projects, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, authorizing and directing the execution of an escrow agreement in connection with said refunding bonds, and authorizing an directing the sale of said bonds at public competitive sale. and WHEREAS, the Series 2018A bond total is Twenty-Four Million, Three-Hundred Eighty-Five Thousand Dollars ($24,385,000.00) there is available from other sources the amount of Nine Hundred Ninety-Eight Thousand, Eight Page 43 of 57 SP3.Page 88 of 253 111-R-19 ~2~ Hundred Sixty-Nine Dollars ($998,869.00) which may lawfully be utilized to pay sums due on said series 2018A bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of not to exceed Twenty-Four Million, Three-Hundred Eighty-Five Thousand Dollars ($24,385,000.00), General Obligation Bonds, Series 2018A, of the City of Evanston, Cook County, Illinois, passed July 9, 2018, as Ordinance 71-O-18, be and the same hereby are abated for the year 2019 under the Series 2018A bonds by the amount of Nine Hundred Ninety-Eight Thousand, Eight Hundred Sixty-Nine Dollars ($998,869.00). SECTION 2: That the City Manager, upon passage of this Resolution 111-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 71-O-18 and the accompanying Bond Order for the year 2019 in the amount of Nine Hundred Ninety-Eight Thousand, Eight Hundred Sixty-Nine Dollars ($998,869.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. Page 44 of 57 SP3.Page 89 of 253 111-R-19 ~3~ SECTION 4: That this Resolution 93-R-18 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 45 of 57 SP3.Page 90 of 253 11/18/2019 112-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $16,545,000 General Obligation Corporate Purpose Bonds, Series 2018B, of the City of Evanston Cook County, Illinois WHEREAS, on the 9th day of July, 2018, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 71-O-18 entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $50,000,000 General Obligation Corporate Purpose Bonds, Series 2018A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center, one or more series of not to exceed $20,000,000 General Obligation Corporate Purpose Bonds, Series 2018B, for capital improvements, one or more series of not to exceed $10,000,000 General Obligation Refunding Bonds, Series 2018C, for refunding purposes and one or more series of not to exceed $5,000,000 Taxable General Obligation Corporate Purpose Bonds, Series 2018D, for redevelopment projects, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, authorizing and directing the execution of an escrow agreement in connection with said refunding bonds, and authorizing an directing the sale of said bonds at public competitive sale. and WHEREAS, the Series 2018B bond total is Sixteen Million, Five- Hundred Forty-Five Thousand Dollars ($16,545,000) there is available from other sources the amount of Two Hundred Thousand, Two Hundred and Thirty-Four Page 46 of 57 SP3.Page 91 of 253 112-R-19 ~2~ Dollars ($200,234.00) which may lawfully be utilized to pay sums due on said series 2018B bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of not to exceed Sixteen Million, Five-Hundred Forty-Five Thousand Dollars ($16,545,000), General Obligation Bonds, Series 2018B, of the City of Evanston, Cook County, Illinois, passed July 9, 2018, as Ordinance 71-O-18, be and the same hereby are abated for the year 2019 under the Series 2018B bonds by the amount of Two Hundred Thousand, Two Hundred and Thirty-Four Dollars ($200,234.00). SECTION 2: That the City Manager, upon passage of this Resolution 112-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Resolution 112-R-19 and the accompanying Bond Order for the year 2019 in the amount of Two Hundred Thousand, Two Hundred and Thirty-Four Dollars ($200,234.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. Page 47 of 57 SP3.Page 92 of 253 112-R-19 ~3~ SECTION 4: That this Resolution 94-R-18 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 48 of 57 SP3.Page 93 of 253 11/18/2019 113-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $8,020,000 General Obligation Corporate Purpose Bonds, Series 2018C, of the City of Evanston Cook County, Illinois WHEREAS, on the 9th day of July, 2018, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 71-O-18 entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $50,000,000 General Obligation Corporate Purpose Bonds, Series 2018A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center, one or more series of not to exceed $20,000,000 General Obligation Corporate Purpose Bonds, Series 2018B, for capital improvements, one or more series of not to exceed $10,000,000 General Obligation Refunding Bonds, Series 2018C, for refunding purposes and one or more series of not to exceed $5,000,000 Taxable General Obligation Corporate Purpose Bonds, Series 2018D, for redevelopment projects, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, authorizing and directing the execution of an escrow agreement in connection with said refunding bonds, and authorizing an directing the sale of said bonds at public competitive sale. and WHEREAS, the Series 2018C bond total is Eight Million, Twenty Thousand Dollars ($8,020,000) there is available from other sources the amount of Two Hundred Ninety-Three Thousand, Two Hundred Twenty Dollars Page 49 of 57 SP3.Page 94 of 253 113-R-19 ~2~ ($293,220.00) which may lawfully be utilized to pay sums due on said series 2018C bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of not to exceed Eight Million, Twenty Thousand Dollars ($8,020,000), General Obligation Bonds, Series 2018C, of the City of Evanston, Cook County, Illinois, passed July 9, 2018, as Ordinance 71-O-18, be and the same hereby are abated for the year 2019 under the Series 2018C bonds by the amount of Two Hundred Ninety-Three Thousand, Two Hundred Twenty Dollars ($293,220.00). SECTION 2: That the City Manager, upon passage of this Resolution 113-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 71-O-18 and the accompanying Bond Order for the year 2019 in the amount of Two Hundred Ninety-Three Thousand, Two Hundred Twenty Dollars ($293,220.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 113-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Page 50 of 57 SP3.Page 95 of 253 113-R-19 ~3~ ______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 51 of 57 SP3.Page 96 of 253 11/18/2019 114-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed $3,570,000 General Obligation Corporate Purpose Bonds, Series 2018D, of the City of Evanston Cook County, Illinois WHEREAS, on the 9th day of July, 2018, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 71-O-18 entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $50,000,000 General Obligation Corporate Purpose Bonds, Series 2018A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center, one or more series of not to exceed $20,000,000 General Obligation Corporate Purpose Bonds, Series 2018B, for capital improvements, one or more series of not to exceed $10,000,000 General Obligation Refunding Bonds, Series 2018C, for refunding purposes and one or more series of not to exceed $5,000,000 Taxable General Obligation Corporate Purpose Bonds, Series 2018D, for redevelopment projects, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, authorizing and directing the execution of an escrow agreement in connection with said refunding bonds, and authorizing an directing the sale of said bonds at public competitive sale. and WHEREAS, the Series 2018D bond total is Three Million, Five Hundred Seventy Thousand Dollars ($3,570,000) there is available from other sources the amount of One Hundred Forty-Three Thousand, One Hundred and Page 52 of 57 SP3.Page 97 of 253 114-R-19 ~2~ Thirteen Dollars ($143,113.00) which may lawfully be utilized to pay sums due on said series 2018D bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of not to exceed Three Million, Five Hundred Seventy Thousand Dollars ($3,570,000), General Obligation Bonds, Series 2018D, of the City of Evanston, Cook County, Illinois, passed July 9, 2018, as Ordinance 71-O-18, be and the same hereby are abated for the year 2019 under the Series 2018D bonds by the amount of One Hundred Forty-Three Thousand, One Hundred and Thirteen Dollars ($143,113.00). SECTION 2: That the City Manager, upon passage of this Resolution 114-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 71-O-18 and the accompanying Bond Order for the year 2019 in the amount of One Hundred Forty-Three Thousand, One Hundred and Thirteen Dollars ($143,113.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. Page 53 of 57 SP3.Page 98 of 253 114-R-19 ~3~ SECTION 4: That this Resolution 96-R-18 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 54 of 57 SP3.Page 99 of 253 11/19/2019 115-R-19 A RESOLUTION Abating Taxes Levied for the Year 2019 Heretofore Levied to Pay Principal and Interest on Not to Exceed 18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, of the City of Evanston Cook County, Illinois WHEREAS, on the 22nd day of April, 2019, the City Council of the City of Evanston, Cook County, Illinois, did adopt Ordinance 27-O-19 entitled: AN ORDINANCE 27-O-19 providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the princip al of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. and WHEREAS, the Series 2019B bond total is Eighteen Million Dollars ($18,000,000) there is available from other sources the amount of Three Hundred Thirty-Four Thousand, Eight Hundred Seventy-Three Dollars ($334,873.00) which may lawfully be utilized to pay sums due on said series 2018D bonds for which taxes were heretofore levied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: Page 55 of 57 SP3.Page 100 of 253 115-R-19 ~2~ SECTION 1: That the taxes heretofore levied and provided for in the Ordinance and in the accompanying Bond Order providing for the issuance of not to exceed Eighteen Million Dollars ($18,000,000), General Obligation Bonds, Series 2019B, of the City of Evanston, Cook County, Illinois, passed April 22, 2019, as Ordinance 27-O-19, be and the same hereby are abated for the year 2019 under the Series 2019B bonds by the amount of Three Hundred Thirty-Four Thousand, Eight Hundred Seventy-Three Dollars ($334,873.00). SECTION 2: That the City Manager, upon passage of this Resolution 115-R-19, shall cause to be filed with the County Clerk of Cook County, Illinois, a certified copy hereof and shall direct said County Clerk to abate the taxes heretofore levied under said Ordinance 27-O-19 and the accompanying Bond Order for the year 2019 in the amount of Three Hundred Thirty-Four Thousand, Eight Hundred Seventy-Three Dollars ($334,873.00). SECTION 3: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 4: That this Resolution 115-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Page 56 of 57 SP3.Page 101 of 253 115-R-19 ~3~ Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 57 of 57 SP3.Page 102 of 253 Memorandum To: Honorable Mayor and Members of the City Council From: Michelle Masoncup, Director CC: Hitesh Desai, Chief Financial Officer Subject: Ordinance 99-O-19, Adding Section 20 to Establish the “Adult Use Cannabis Retailers’ Occupation Tax” Date: November 18, 2019 Recommended Action: Staff recommends City Council adoption of Ordinance 99 -O-19 “Amending Title 3, Chapter 2, “Municipal Occupation Taxes” of the City of Evanston by Adding a New Section 20 ‘Adult Use Cannabis Retailers’ Occupation Tax’”. Council Action: For Introduction Summary: The Illinois General Assembly passed the Cannabis Regulation and Tax Act (the “Act”) on May 31, 2019. The Act allows a municipality,both home rule and non -home rule, to adopt ordinances to impose a local tax on the operation of a cannabis dispensary. The rate of tax cannot exceed 3% of the dispensary's gross receipts from the sale of non -medical cannabis. If imposed, the tax may only be imposed in 0.25% increments. The tax will be collected and enforced by the Department of Revenue, which will retain 1.5% of the amount distributed to each municipality as an administrative fee. Under the Act, municipalities cannot begin collecting taxes January 1, 2020, when the sale of recreational cannabis becomes legal. As currently written, the statute provides that the Department of Revenue will begin administering the tax on September 1, 2020. Other related taxes from cannabis sales, including State and Home Rules sales taxes, will be imposed on the sale of recreational cannabis. A share of State sales tax (1% of the State’s 6.25%) and all Home Rule sales tax (1.25% of sales), less a collection fee of 1.5% of the total withheld by the Illinois Department of Revenue, would be received by the City. The total taxation through various taxes, including the municipal tax, is 40 -45% of the purchase price. Summary of taxes assessed: SP4.Page 103 of 253 • Cultivation – 7% on wholesale (State tax) and applies to cultivators, craft growers, or processors who sell to dispensing organizations • Dispensaries – Cannabis Purchaser Excise Tax (State) 1. 10% on raw cannabis 2. 20% on all cannabis infused products 3. 25% on raw cannabis with THC above 35% • Municipal Tax: up to 3% of retail purchase price • County Cannabis Tax: 3% incorporated areas and 3.75% unincorporated areas • Existing state, county, and local sales taxes will also apply Attachments: Ordinance 99-O-19 Adult Use Cannabis Retailers Occupation Tax Page 2 of 5 SP4.Page 104 of 253 11/7/2019 99-O-19 AN ORDINANCE Amending Title 3, Chapter 2, “Municipal Occupation Taxes” of the City of Evanston by Adding a New Section 20 “Adult Use Cannabis Retailers’ Occupation Tax” WHEREAS, the City of Evanston (“City”) as a home rule unit of local government as provided by Article VII, Section 6 of the Illinois Constitution of 1970 has the authority to exercise any power and perform any function pertaining to its government and affairs except as limited by Article VII, Section 6 of the Illinois Constitution of 1970; and WHEREAS, the Cannabis Regulation and Tax Act, Public Act 101-27 (the “Act”), was signed into law and went into effect on June 25, 2019; and WHEREAS, the Municipal Cannabis Retailers’ Occupation Tax Law, 65 ILCS 5/8-11-22 (the “Law”), was enacted as part of the Act; and WHEREAS, the Law provides that the City may “impose a tax upon all persons engaged in the business of selling cannabis, other than cannabis purchased under the Compassionate Use of Medical Cannabis Pilot Program Act, at retail” in the City “on the gross receipts from these sales made in the course of that business” in an amount not to exceed “3% of the gross receipts;” and WHEREAS, pursuant to said authority and the City’s home rule powers, the City has determined to impose a tax on persons engaged in the business of selling cannabis at retail within the City pursuant to the Law as set forth in this Ordinance; and Page 3 of 5 SP4.Page 105 of 253 99-O-19 2 WHEREAS, the tax imposed herein shall be imposed and take effect on the earliest date provided in the Act and the Law and any amendments thereto, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The above recitals are incorporated herein as though fully set forth. SECTION 2: Title 3, Chapter 2 of the Evanston City Code of 2012, as amended, is hereby amended to add a new Section 20 entitled “Adult Use Cannabis Retailers’ Occupation Tax” to read as follows: 3-2-20. – ADULT USE CANNABIS RETAILERS’ OCCUPATION TAX. 3-2-20-1. - ADULT USE CANNABIS RETAILERS’ OCCUPATION TAX IMPOSED. A tax is imposed upon any person engaged in the business of selling cannabis, other than cannabis purchased under the Compassionate Use of Medical Cannabis Pilot Program Act, 410 Illinois Compiled Statutes 130/1 et seq., at retail in the City of Evanston on the gross receipts from these sales made in the course of that business at the rate of three percent (3.0%). This tax shall be in addition to any and all other taxes imposed upon such sales and is imposed pursuant to the Municipal Cannabis Retailers’ Occupation Tax Law, 65 Illinois Compiled Statutes 5/8-11-22. 3-2-20-2. - COLLECTION OF TAX BY THE ILLINOIS DEPARTMENT OF REVENUE. The tax imposed by this Section, and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the Department of Revenue of the State of Illinois. The Department shall have the full power to administer and enforce the provisions of this Section. 3-2-20-3. - DEPOSIT OF FUNDS. All proceeds resulting from the imposition of the tax set forth in this Section, including interest and penalties, shall be deposited in the City’s general fund. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 4 of 5 SP4.Page 106 of 253 99-O-19 3 SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: A certified copy of this Ordinance shall immediately be filed by the City with the Illinois Department of Revenue. SECTION 6: This Ordinance shall be in full force and effect after its approval, passage and publication as provided by law. SECTION 7: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle Masoncup, Corporation Counsel Page 5 of 5 SP4.Page 107 of 253 Memorandum To: Honorable Mayor and Members of the City Council From: Hitesh Desai, Chief Financial Officer Subject: Ordinance 136-O-19, 2019 City of Evanston Tax Levy Date: November 18, 2019 Recommended Action: Staff recommends City Council adoption of Tax Levy Ordinance 136-O-19, which levies the annual Municipal Illinois Fund, Human Services General for tax property Operations, Retirement Fund (IMRF), Police and Fire Pension Funds, and the Solid Waste Fund totaling $34,851,018 as extended (including 3% loss factor). This represents an increase of 10.8% over the 2018 levy of $31,458,362 as extended. Council Action: For Introduction Summary: Each year the City of Evanston must levy a specific dollar amount of pr operty taxes with Cook County. These property tax levies are used to pay for general operations of the City, IMRF, Police and Fire Pension obligations, General Assistance Fund, Library operations and the Solid Waste Fund. Levies for the Library, General Assistance, and Special Service Areas are provided under separate ordinances. The County automatically levies the amounts related to debt service, which is explained in greater detail below. The table below is a summary of the 2019 Levies as extended inclu ding allowable loss factor of 3% by the Cook County as listed in the attached Tax Levy Ordinance: 2019 Proposed City Levy (per 2020 Proposed Budget) General Corporate Levy $ 7,633,673 IMRF Pension Levy $ 2,155,296 Human Services Fund Levy $ 3,206,186 Solid Waste Fund Levy $ 1,373,711 Fire Pension Levy $ 9,244,368 Police Pension Levy $11,237,784 Total City Levy (excluding Debt Service, General Assistance, Library) $34,851,018 SP5.Page 108 of 253 Detail of all levies and loss factors are shown in the attachment. The City’s budget is based on the net levy, which is the amount the City expects to collect after the loss factor. The 2019 proposed City net levy is $33,805,487. This is an increase of $2,976,292 or 9.7% over the 2018 City net levy of $30,829,195. With the addition of the loss factor the 2019 proposed City gross levy is $34,851,018. This is an increase of $3,392,655 or 10.8% over the 2018 City gross levy of $31,458,362. Adding the Debt Service, General Assistance, and Library Fund levies, the total proposed net levy for 2019 is $55,139,563. This is an increase of $5,426,938 or 10.9% over the 2018 total net levy of $49,712,625. With the addition of the loss factor, the 2019 total gross levy is $57,127,104. This is an increase of $6,629,189 or 13.1% over the 2018 total gross levy of $50,497,915. The levy for general obligation debt service is handled differently than a municipal levy for general operating or pension contribution expenses. When a municipality in Cook County issues general obligation debt, the debt amortization schedule is filed with the County after issuance of the bonds, and the County will automatically levy an amount including an allowable 5% loss factor on behalf of the municipality to make the necessary debt payments for both principal and interest. Therefore, the City of Evanston does not levy an annual amount for debt service since the County already does so. Rather, the City must approve and file the necessary abatements for any amounts the City does not desire the County to automatically levy. These tax levy abatements will be introduced to the City Council on November 18, 2019. Questions regarding the Tax Levy may be directed to the City Treasurer at: Hitesh Desai Treasurer 847.448.8082 HDesai@cityofevanston.org Attachments: Property Tax Attachment 136-O-19 2019 Tax Levy Gen Fund ordinance 136-O-19 Property Tax Exhibits Page 2 of 13 SP5.Page 109 of 253 Attachment: 2019 Proposed Property Tax Levy 2019 BUDGET 2020 BUDGET 2019-2020 2019-2020 2018 ADOPTED LEVY 2019 PROPOSED LEVY PROPOSED CHANGE ($) PROPOSED CHANGE (%) GENERAL FUND - CORPORATE Gross Levy 10,552,578 7,633,673 (2,918,904) Loss Factor*211,052 229,010 17,959 Net Levy 10,341,526$ 7,404,663$ (2,936,863)$ -28.4% GENERAL FUND - IMRF PENSION Gross Levy 1,534,466 2,155,296 620,830 Loss Factor*30,689 64,659 33,970 Net Levy 1,503,777$ 2,090,637$ 586,860$ 39.0% HUMAN SERVICES FUND Gross Levy - 3,206,186 3,206,186 Loss Factor*- 96,186 96,186 Net Levy -$ 3,110,000$ 3,110,000$ N/A SOLID WASTE FUND Gross Levy 836,735 1,373,711 536,977 Loss Factor*16,735 41,211 24,477 Net Levy 820,000$ 1,332,500$ 512,500$ 62.5% FIRE PENSION FUND Gross Levy 8,149,576 9,244,368 1,094,793 Loss Factor*162,992 277,331 114,340 Net Levy 7,986,584$ 8,967,037$ 980,453$ 12.3% POLICE PENSION FUND Gross Levy 10,385,008 11,237,784 852,775 Loss Factor*207,700 337,134 129,433 Net Levy 10,177,308$ 10,900,650$ 723,342$ 7.1% TOTAL CITY LEVY Gross Levy 31,458,362 34,851,018 3,392,655 10.8% Loss Factor*629,167 1,704,580 1,075,412 TOTAL CITY NET LEVY $ 30,829,195 $ 33,805,487 $ 2,976,292 9.7% GENERAL ASSISTANCE FUND Gross Levy 918,367 1,113,402 195,035 21.2% Loss Factor*18,367 33,402 15,035 TOTAL GA NET LEVY $ 900,000 $ 1,080,000 $ 180,000 20.0% LIBRARY FUND Gross Levy 6,887,755 7,476,289 588,534 8.5% Loss Factor*137,755 224,289 86,534 TOTAL LIBRARY NET LEVY $ 6,750,000 $ 7,252,000 $ 502,000 7.4% DEBT SERVICE FUND Gross Levy 10,879,993 13,180,980 2,300,987 Loss Factor*- 659,049 659,049 Net Levy 10,879,993$ 12,521,931$ 1,641,938$ 15.1% LIBRARY FUND - DEBT SERVICE Gross Levy 353,437 505,416 151,979 Loss Factor*- 25,271 25,271 Net Levy - Library Debt 353,437$ 480,145$ 126,708$ 35.9% DEBT SERVICE LEVY Gross Levy 11,233,430 13,686,396 2,452,966 21.8% Loss Factor*- 684,320 684,320 TOTAL DEBT SERVICE NET LEVY $ 11,233,430 $ 13,002,076 $ 1,768,646 15.7% CITY AND LIBRARY NET LEVY $ 49,712,625 $ 55,139,563 $ 5,426,938 10.9% Total Loss Factor* 785,290 2,646,590 1,861,300 Total Gross Levy 50,497,915 57,127,104 6,629,189 13.1% *A loss factor is applied to all levies by Cook County. Page 3 of 13 SP5.Page 110 of 253 11/18/2019 136-O-19 AN ORDINANCE Levying Taxes in the City of Evanston, County of Cook, and State of Illinois, for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 WHEREAS, the City of Evanston, Illinois, has heretofore adopted an annual budget for the fiscal year beginning January 1, 2020, and ending December 31, 2020, which said Budget document was reviewed at a public hearing and copies of which said Budget document have been continuously available for public inspection at the office of the City Clerk of the City of Evanston at the Civic Center, 2100 Ridge Avenue, Evanston, Illinois, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except holidays; and WHEREAS, said Budget document contains the expenditures to be made with the monies collected through taxation and other sources during said fiscal year; and WHEREAS, the City of Evanston, Illinois, is a Home Rule unit of local government pursuant to the terms and provisions of Article VII of the 1970 Constitutio n of the State of Illinois, which said Constitution, in Section 6(a) thereof, grants unto the City of Evanston as a Home Rule unit of local government the power to tax; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, in order to meet expenses and liabilities of the City of Evanston, Illinois, for the current fiscal year beginning January 1, 2020, there is hereby levied on all real property subject to taxation within the corporate limits of s aid City of Evanston as assessed and equalized for the year 2019 the sum of Thirty-Four million, Page 4 of 13 SP5.Page 111 of 253 136-O-19 ~2~ Eight hundred Fifty-One thousand, Eighteen dollars ($34,851,018), being the total of the budget legally made plus allowances for allowable collection losses (3%), which are to be collected from the tax levy of the City of Evanston for the year 20 19 and all corporate purposes appropriated and specifically referred to in the FY 2020 proposed Budget to the City Council. Budgeted Funds are to be collected from the tax levy of the current fiscal year of the City of Evanston, Illinois, for: General Corporate Levy (per FY 20 proposed budget) $ 7,633,673 IMRF Pension Levy (per FY20 proposed budget) $ 2,155,296 Human Services Fund Levy (per FY 20 proposed budget) $ 3,206,186 Solid Waste Fund Levy (Per FY 20 proposed budget) $ 1,373,711 Fire Pension Levy (per FY 20proposed budget) $ 9,244,368 Police Pension Levy (per FY20 proposed budget) $11,237,784 Total Levy (excluding Debt Service, General Assistance and Library) $34,851,018. Cook County will levy debt service including 5% loss factor based on the debt amortization schedules and 2019 abatements filed with Cook County. The specific amounts hereby levied for the various purposes and funds are designated by being placed in separate columns under the heading “To Be Raised By Taxation,” and are identified in that manner on the following pages of this Ordinance. SECTION 2: That there be budgeted for the City of Evanston: A) Seven million, Six hundred and thirty-three thousand, six hundred and seventy-three dollars ($7,633,673) for the General Corporate Purposes; B) Two million, One hundred and Fifty-five thousand, two hundred ninety-six dollars ($2,155,296) for the Illinois Municipal Retirement Fund Pension (IMRF); C) Three million two hundred and six thousand, one hundred and eighty-six dollars ($3,206,186) for the Human Services Fund; D) One Million, Three hundred Seventy- Three Thousand, Seven hundred Eleven dollars ($1,373,711) for the Solid Waste Fund; E) Nine million, Two hundred Forty-Four thousand, Three hundred Sixty-Eight dollars ($9,244,368) for the Fire Pension Fund; Page 5 of 13 SP5.Page 112 of 253 136-O-19 ~3~ and F) Eleven million, Two hundred Thirty-Seven thousand, Seven hundred Eighty-four dollars ($11,237,784) for the Police Pension Fund, as outlined in the City of Evanston Tax Levy Filing with Cook County FY 2020 Budget – Tax Levy Year 2019 to be Received in FY 2020, attached hereto as “Exhibit 1” and incorporated herein by reference. SECTION 3: That the foregoing recitals are found as fact and made a part hereof. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this Ordinance 136-O-19 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle Masoncup, Corporation Counsel Page 6 of 13 SP5.Page 113 of 253 136-O-19 ~4~ Page 7 of 13 SP5.Page 114 of 253 FY2020 Budget Sources Outside Levy 2019 Tax Levy 100 GENERAL FUND 13 CITY COUNCIL Salary and Benefits 469,059 439,425 29,635 Services and Supplies 80,300 75,227 5,073 Miscellaneous 3,250 3,045 205 14 CITY CLERK - - Salary and Benefits 147,152 137,855 9,297 Services and Supplies 33,921 31,778 2,143 Interfund Transfers 1,000 937 63 15 CITY MANAGER'S OFFICE - - Salary and Benefits 3,155,164 2,955,822 199,342 Services and Supplies 1,250,798 1,171,773 79,025 Miscellaneous 27,550 25,809 1,741 Interfund Transfers 2,161,485 2,024,924 136,561 Contingencies 150,000 140,523 9,477 Insurance and Other Chargebacks 1,470,164 1,377,280 92,884 17 LAW - - Salary and Benefits 607,866 569,461 38,405 Services and Supplies 68,664 64,326 4,338 Insurance and Other Chargebacks 7,047 6,602 445 19 ADMINISTRATIVE SERVICES - - Salary and Benefits 6,384,554 5,981,182 403,373 Services and Supplies 3,729,965 3,494,308 235,657 Interfund Transfers 31,297 29,320 1,977 Capital Outlay 2,000 1,874 126 Contingencies 165,000 154,575 10,425 Insurance and Other Chargebacks 98 92 6 21 COMMUNITY DEVELOPMENT - - Salary and Benefits 3,145,299 2,946,581 198,718 Services and Supplies 621,023 581,787 39,236 Miscellaneous 25,500 23,889 1,611 Interfund Transfers 41,827 39,184 2,643 Community Sponsored Organizations 123,886 116,059 7,827 Capital Outlay 150,000 140,523 9,477 Contingencies 5,000 4,684 316 Insurance and Other Chargebacks 21,469 20,113 1,356 22 POLICE - - Salary and Benefits 27,323,034 25,596,779 1,726,254 Services and Supplies 1,165,608 1,091,966 73,642 Miscellaneous 127,500 119,445 8,055 Interfund Transfers 929,297 870,585 58,712 Contingencies 2,500 2,342 158 Insurance and Other Chargebacks 11,583,788 10,851,931 731,857 23 FIRE MGMT & SUPPORT - - Salary and Benefits 14,395,374 13,485,882 909,492 Services and Supplies 464,763 435,400 29,363 Miscellaneous 100,702 94,340 6,362 Interfund Transfers 857,353 803,186 54,167 Capital Outlay 70,000 65,577 4,423 Insurance and Other Chargebacks 10,097,524 9,459,568 637,956 24 HEALTH - - Salary and Benefits 1,035,653 970,221 65,432 Services and Supplies 191,551 179,449 12,102 Miscellaneous 120,832 113,198 7,634 Interfund Transfers 19,867 18,612 1,255 Insurance and Other Chargebacks 6,274 5,878 396 30 PARKS, REC. AND COMMUNITY SERV.- - Salary and Benefits 6,433,434 6,026,973 406,461 Services and Supplies 4,087,628 3,829,374 258,254 Miscellaneous 273,657 256,368 17,289 Interfund Transfers 346,322 324,442 21,880 Capital Outlay 86,000 80,567 5,433 Insurance and Other Chargebacks 434,410 406,964 27,446 40 PUBLIC WORKS AGENCY - - Salary and Benefits 8,261,295 7,739,351 521,944 Services and Supplies 1,922,419 1,800,962 121,457 Interfund Transfers 1,576,854 1,477,229 99,625 Capital Outlay 42,000 39,346 2,654 Contingencies 1,000 937 63 Insurance and Other Chargebacks 1,163,514 1,090,004 73,510 Grand Total 117,200,492 109,795,829 7,404,663 Total to be Levied 7,633,673 Loss Factor 229,010 Amount to be raised by taxes 7,404,663 136-O-19 Exhibit 1 Page 8 of 13 SP5.Page 115 of 253 Account Type Expenses FY2020 Budget Sources Outside Levy 2019 Tax Levy 100 GENERAL FUND 13 CITY COUNCIL 61710 - IMRF 7,506 - 7,506 14 CITY CLERK 61710 - IMRF 4,787 - 4,787 15 CITY MANAGER'S OFFICE 61710 - IMRF 208,663 - 208,663 17 LAW 61710 - IMRF 41,243 - 41,243 19 ADMINISTRATIVE SERVICES 61710 - IMRF 396,466 - 396,466 21 COMMUNITY DEVELOPMENT 61710 - IMRF 208,611 - 208,611 22 POLICE 61710 - IMRF 315,839 - 315,839 23 FIRE MGMT & SUPPORT 61710 - IMRF 21,985 - 21,985 24 HEALTH 61710 - IMRF 66,739 - 66,739 30 PARKS, REC. AND COMMUNITY SERV. 61710 - IMRF 335,539 - 335,539 40 PUBLIC WORKS AGENCY 61710 - IMRF 483,258 - 483,258 Grand Total 2,090,637 - 2,090,637 Total to be Levied 2,155,296 Loss Factor 64,659 Amount to be raised by taxes 2,090,637 136-O-19 Exhibit 2 Page 9 of 13 SP5.Page 116 of 253 FY2020 Budget Sources Outside Levy 2019 Tax Levy 176 HUMAN SERVICES FUND Salary and Benefits 61010 - REGULAR PAY 1,050,502 257,748 792,754 61050 - PERMANENT PART-TIME 125,187 125,187 61110 - OVERTIME PAY 8,000 8,000 61510 - HEALTH INSURANCE 226,439 226,439 61615 - LIFE INSURANCE 762 762 61625 - AUTO ALLOWANCE 1,575 1,575 61626 - CELL PHONE ALLOWANCE 4,032 4,032 61710 - IMRF 96,101 96,101 61725 - SOCIAL SECURITY 72,093 72,093 61730 - MEDICARE 17,129 17,129 Services and Supplies 61060 - SEASONAL EMPLOYEES 560,000 560,000 62205 - ADVERTISING 500 500 62210 - PRINTING 2,800 2,800 62275 - POSTAGE CHARGEBACKS 2,950 2,950 62295 - TRAINING & TRAVEL 6,560 6,560 62360 - MEMBERSHIP DUES 1,400 1,400 62371 - WOMEN OUT WALKING EXPENSE 6,000 6,000 62509 - SERVICE AGREEMENTS/ CONTRACTS 6,000 6,000 62513 - COMMUNITY PICNIC-SPECIAL EVENTS 8,000 8,000 62705 - BANK SERVICE CHARGES 250 250 64540 - TELECOMMUNICATIONS - WIRELESS 1,210 1,210 65020 - CLOTHING 2,500 2,500 65025 - FOOD 7,250 7,250 65085 - MINOR EQUIPMENT & TOOLS 1,000 1,000 65090 - SAFETY EQUIPMENT 3,000 3,000 65095 - OFFICE SUPPLIES 450 450 65546 - COMMUNITY GRANTS PROGRAMS 736,373 736,373 Miscellaneous 62490 - OTHER PROGRAM COSTS 270,000 270,000 66461 - Aging Well Conference Expenses 3,000 3,000 Interfund Transfers - 62305 - RENTAL OF AUTO-FLEET MAINTENANCE 1,086 1,086 62309 - RENTAL OF AUTO REPLACEMENT 2,266 2,266 Community Sponsored Organizations 62491 - COMMUNITY INTERVENTION PROGRAM COSTS 143,333 143,333 Grand Total 3,367,748 257,748 3,110,000 Total to be Levied 3,206,186 Loss Factor 96,186 Amount to be raised by taxes 3,110,000 136-O-19 Exhibit 3 Page 10 of 13 SP5.Page 117 of 253 FY2020 Budget Sources Outside Levy 2019 Tax Levy 520 SOLID WASTE FUND Salary and Benefits 1,380,102 61010 - REGULAR PAY 947,967 947,967 - 61070 - JOB TRAINING AND INTERNSHIPS 20,000 20,000 - 61110 - OVERTIME PAY 65,000 65,000 - 61510 - HEALTH INSURANCE 186,912 186,912 - 61615 - LIFE INSURANCE 563 563 - 61625 - AUTO ALLOWANCE 310 310 - 61630 - SHOE ALLOWANCE 3,794 3,794 - 61710 - IMRF 82,853 82,853 - 61725 - SOCIAL SECURITY 58,897 58,897 - 61730 - MEDICARE 13,806 13,806 - Services and Supplies 3,651,621 61060 - SEASONAL EMPLOYEES 95,220 95,220 - 62295 - TRAINING & TRAVEL 800 800 - 62380 - COPY MACHINE CHARGES 1,326 1,326 - 62390 - CONDOMINIUM REFUSE COLL 451,000 451,000 - 62405 - SWANCC DISPOSAL FEES 743,125 743,125 - 62415 - RESIDENTIAL DEBRIS/REMOVAL CONTRACTUAL COSTS 1,667,000 334,500 1,332,500 62417 - YARD WASTE REMOVAL CONTRACTUAL COSTS 689,100 689,100 - 62705 - BANK SERVICE CHARGES 1,000 1,000 - 64540 - TELECOMMUNICATIONS - WIRELESS 500 500 - 65015 - CHEMICALS/ SALT 200 200 - 65020 - CLOTHING 250 250 - 65055 - MATER. TO MAINT. IMP.400 400 - 65085 - MINOR EQUIPMENT & TOOLS 700 700 - 65090 - SAFETY EQUIPMENT 1,000 1,000 - Miscellaneous 10,000 67107 - OUTREACH 10,000 10,000 - Interfund Transfers 438,462 62305 - RENTAL OF AUTO-FLEET MAINTENANCE 322,362 322,362 - 66156 - TRANSFER TO CAPITAL IMPROVEMENT FUND 116,100 116,100 - Capital Outlay 357,520 65550 - AUTOMOTIVE EQUIPMENT 292,520 292,520 - 65625 - FURNITURE & FIXTURES 65,000 65,000 - Grand Total 5,837,705 4,505,205 1,332,500 Total to be Levied 1,373,711 Loss Factor 41,211 Amount to be raised by taxes 1,332,500 136-O-19 Exhibit 4 Page 11 of 13 SP5.Page 118 of 253 FY2020 Budget Sources Outside Levy 2019 Tax Levy 700 FIRE PENSION FUND 61715 - Pension Management Fees 100,000 100,000 - 61755 - PENSION-ADMIN. EXPENSE 125,000 125,000 - 61770 - RETIRED EMPLOYEES PENSION 6,716,297 873,860 5,842,437 61775 - WIDOWS' PENSIONS 1,560,000 1,560,000 61785 - DISABILITY PENSIONS 1,420,000 1,420,000 61795 - QILDRO'S 155,600 11,000 144,600 Grand Total 10,076,897 1,109,860 8,967,037 Total to be Levied 9,244,368 Loss Factor 277,331 Amount to be raised by taxes 8,967,037 136-O-19 Exhibit 5 Page 12 of 13 SP5.Page 119 of 253 FY2020 Budget Sources Outside Levy 2019 Tax Levy 705 POLICE PENSION FUND 61715 - Pension Management Fees 325,000 325,000 - 61755 - PENSION-ADMIN. EXPENSE 75,000 75,000 - 61770 - RETIRED EMPLOYEES PENSION 11,060,870 1,500,000 9,560,870 61775 - WIDOWS' PENSIONS 1,087,000 387,000 700,000 61785 - DISABILITY PENSIONS 825,960 211,357 614,603 61790 - SEPARATION REFUNDS 50,000 50,000 - 61795 - QILDRO'S 25,177 25,177 Grand Total 13,449,007 2,548,357 10,900,650 Total to be Levied 11,177,981 Loss Factor 277,331 Amount to be raised by taxes 10,900,650 136-O-19 Exhibit 6 Page 13 of 13 SP5.Page 120 of 253 Memorandum To: Honorable Mayor and Members of the City Council From: Hitesh Desai, Chief Financial Officer CC: Kate Lewis-Lakin, Budget Coordinator Subject: Ordinance 137-O-19, General Assistance 2019 Tax Levy Date: November 18, 2019 Recommended Action: Staff recommends City Council adoption of Tax Levy Ordinance 137-O-19, which levies the annual property tax for General Assistance in the amount of $1,113,402 as extended (including 3% loss factor). This represents an increase of 21.2% over the 2018 levy of $918,367 as extended. Council Action: For Introduction Summary: Ordinance 137-O-19 is the annual tax levy for the General Assistance Fund. The proposed 2019 net levy for General Assistance is $1,080,000. This is an increase of $180,000 or 20% over the 2018 net levy of $900,000. is Assistance General for levy gross 2019 proposed the factor, loss the 3% Adding $1,113,402. This is an increase of $195,035 or 21.2% over the 2018 gross levy of $918,367. Questions regarding this ordinance may be forwarded to: Hitesh Desai Treasurer 847.448.8082 HDesai@cityofevanston.org Attachments: Ordinance 137-O-19 2019 General Assistance Tax Levy Ordinance 137-O-19 Exhibit General Assistance SP6.Page 121 of 253 11/18/2019 137-O-19 AN ORDINANCE Levying Taxes for the General Assistance Fund in the City of Evanston, County of Cook, and State of Illinois, for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 WHEREAS, the City of Evanston, Illinois, has heretofore adopted an annual budget for the fiscal year beginning January 1, 2020, and ending December 31, 2020, which said Budget document was reviewed at a public hearing and copies of which said Budget document have been continuously available for public inspection at the office of the City Clerk of the City of Evanston at the Civic Center, 2100 Ridge Avenue, Evanston, Illinois, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except holidays; and WHEREAS, said Budget document contains the expenditures to be made with the monies collected through taxation and other sources during said fiscal year; and WHEREAS, the City of Evanston, Illinois, is a Home Rule unit of local government pursuant to the terms and provisions of Article VII of the 1970 Constitution of the State of Illinois, which said Constitution, in Section 6(a) thereof, grants unto the City of Evanston as a Home Rule unit of local government the power to tax; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, in order to meet expenses and liabilities for the General Assistance Fund of the City of Evanston, Illinois, for the current fiscal year beginning January 1, 2020, there is hereby levied on all real property subject to taxation Page 2 of 5 SP6.Page 122 of 253 137-O-19 ~2~ within the corporate limits of said City of Evanston as assessed and equalized for the year 2019 the sum of One Million, One Hundred Thirteen Thousand Four Hundred and Two dollars ($1,113,402), being the total of the budget legally made plus allowances for allowable collection losses (3%), which are to be collected from the tax levy of the City of Evanston for the year 2019 for General Assistance Fund Purposes appropriated and specifically referred to in the FY 2020 proposed Budget. The specific amounts hereby levied for the General Assistance Fund purposes is designated by being placed in separate column under the heading “To Be Raised By Taxation,” and is identified in that manner on the following pages of this Ordinance. SECTION 2: That there be appropriated for the City of Evanston: The sum of One Million, One Hundred Thirteen Thousand Four Hundred and Two dollars ($1,113,402), for the General Assistance Fund Purposes, as outlined in the City of Evanston Tax Levy Filing with Cook County FY20 Budget – Tax Levy Year 2019 to be Received in FY20, attached hereto as “Exhibit A” and incorporated herein by reference. SECTION 3: That the foregoing recitals are found as fact and made a part hereof. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this Ordinance 137-O-19 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2019 Approved: Page 3 of 5 SP6.Page 123 of 253 137-O-19 ~3~ Adopted:___________________, 2019 __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle Masoncup, Corporation Counsel Page 4 of 5 SP6.Page 124 of 253 FY2020 Budget Sources Outside Levy 2019 Tax Levy 175 GENERAL ASSISTANCE FUND 61010 - REGULAR PAY 335,775 235,848 99,927 61110 - OVERTIME PAY 1,500 1,500 61510 - HEALTH INSURANCE 50,130 50,130 61615 - LIFE INSURANCE 196 196 61625 - AUTO ALLOWANCE 250 250 61630 - SHOE ALLOWANCE 540 540 61710 - IMRF 29,347 29,347 61725 - SOCIAL SECURITY 20,256 20,256 61730 - MEDICARE 4,872 4,872 62275 - POSTAGE CHARGEBACKS 800 800 62295 - TRAINING & TRAVEL 2,500 2,500 62360 - MEMBERSHIP DUES 300 300 62380 - COPY MACHINE CHARGES 500 500 62490 - OTHER PROGRAM COSTS 7,000 7,000 62705 - BANK SERVICE CHARGES 2,050 2,050 64566 - RENTAL EXPENSE- GA CLIENT 450,000 450,000 64567 - PERSONAL EXPENSE- GA CLIENT 336,000 336,000 64568 - TRANSPORTATION EXPENSE- GA CLIENT 5,000 5,000 64569 - 50/50 WORK PROGRAM- GA CLIENT 1,500 1,500 64570 - CLIENT OTHER NEEDS- GA CLIENT 1,000 1,000 64573 - ALL OTHER PHYSICIANS- GA CLIENT 500 500 64574 - MEDICAL EXPENSES - GA CLIENT 300 300 64578 - PSYCH OUTPATIENT/MENTAL- GA CLIENT 800 800 64582 - MORTGAGE/RENTAL EXPENSE-EAS CLIENT 30,000 30,000 64584 - FOOD VOUCHERS - EMERGENCY-EAS CLIENT 1,000 1,000 64585 - UTILITIES - COMED-EAS CLIENT 15,000 15,000 64586 - UTILITIES - NICOR-EAS CLIENT 8,000 8,000 64587 - UTILITIES - COE WATER -EAS CLIENT 5,000 5,000 64588 - CLIENT OTHER NEEDS - EAS CLIENT 1,500 1,500 65025 - FOOD 1,000 1,000 65095 - OFFICE SUPPLIES 3,232 3,232 Grand Total 1,315,848 235,848 1,080,000 Total to be Levied 1,113,402 Loss Factor 33,402 Amount to be raised by taxes 1,080,000 137-O-19 Exhibit 1 Page 5 of 5 SP6.Page 125 of 253 Memorandum To: Honorable Mayor and Members of the City Council From: Hitesh Desai, Chief Financial Officer CC: Karen Danczak Lyons, Library Director Subject: Ordinance 138-O-19, 2019 Evanston Library Fund Tax Levy Date: November 18, 2019 Recommended Action: The Library Board recommends City Council adoption of Tax Levy Ordinance 138 -O-19, per Library Board action on October 27, 2019 which levies the annual property tax for the Evanston Public Library in the amount of $7,476,289 as extended (including 3% loss factor). This represents an increase of 8.5% over the 2018 levy of $6,887,755 as extended. Council Action: For Introduction Summary: Ordinance 138-O-19 is the annual tax levy for the Library Fund. The proposed 2019 net levy for Library Fund is $7,252,000. This is an increase of $502,000 or 7.4% over the 2018 net levy of $6,750,000. Adding the 3% loss factor, the proposed 2019 gross levy for the Library Fund is $7,476,289. This is an increase of $588,534 or 8.5% over the 2018 gross l evy of $6,887,755. Questions regarding this ordinance may be forwarded to: Hitesh Desai Treasurer 847.448.8082 HDesai@cityofevanston.org Karen Danczak Lyons Library Director 847.448.8655 kdanczaklyons@cityofevanston.org SP7.Page 126 of 253 Attachments: Ordinance 138-O-19 Library 2019 Tax Levy Ordinance 138-O-19 Exhibit Library Page 2 of 6 SP7.Page 127 of 253 11/18/2019 138-O-19 AN ORDINANCE Levying Taxes for the Library Fund in the City of Evanston, County of Cook, and State of Illinois, for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 WHEREAS, the City of Evanston, Illinois, has heretofore adopted an annual budget for the fiscal year beginning January 1, 2020, and ending December 31, 2020, which said Budget document was reviewed at a public hearing and copies of which said Budget document have been continuously available for public inspection at the office of the City Clerk of the City of Evanston at the Civic Center, 2100 Ridge Avenue, Evanston, Illinois, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except holidays; and WHEREAS, said Budget document contains the expenditures to be made with the monies collected through taxation and other sources during said fiscal year; and WHEREAS, the City of Evanston, Illinois, is a Home Rule unit of local government pursuant to the terms and provisions of Article VII of the 1970 Constitution of the State of Illinois, which said Constitution, in Section 6(a) thereof, grants unto the City of Evanston as a Home Rule unit of local government the power to tax; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, in order to meet expenses and liabilities for the Library Fund of the City of Evanston, Illinois, for the current fiscal year beginning January 1, 2020, there is hereby levied on all real property subject to taxation within the corporate Page 3 of 6 SP7.Page 128 of 253 138-O-19 ~2~ limits of said City of Evanston as assessed and equalized for the year 2019 the sum of Seven Million, Four Hundred Seventy-Six Thousand, Two Hundred Eighty-Nine Dollars ($7,476,289), being the total of the budget legally made plus allowances for allowable collection losses(3%), which are to be collected from the tax levy of the City of Evanston for the year 2019 for Library Fund Purposes appropriated and specifically referred to in the FY 2020 proposed budget. The specific amounts hereby levied for the Library Fund purposes is designated by being placed in separate column under the heading “To Be Raised By Taxation,” and is identified in that manner on the following pages of this Ordinance. SECTION 2: That there be appropriated for the City of Evanston: The sum of Seven Million, Four Hundred Seventy-Six Thousand, Two Hundred Eighty-Nine Dollars ($7,476,289), for the Library Fund Purposes, as outlined in the City of Evanston Tax Levy Filing with Cook County FY2020 Budget – Tax Levy Year 2019 to be Received in FY20, attached hereto as “Exhibit A” and incorporated herein by reference. SECTION 3: That the foregoing recitals are found as fact and made a part hereof. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this Ordinance 138-O-19 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Page 4 of 6 SP7.Page 129 of 253 138-O-19 ~3~ Introduced:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle Masoncup, Corporation Counsel Page 5 of 6 SP7.Page 130 of 253 FY2020 Budget Sources Outside Levy 2019 Tax Levy 185 LIBRARY FUND Capital Outlay 12,500 65503 - FURNITURE / FIXTURES / EQUIPMENT 5,500 5,500 65550 - AUTOMOTIVE EQUIPMENT 7,000 7,000 Interfund Transfers 380,775 62305 - RENTAL OF AUTO-FLEET MAINTENANCE 5,440 5,440 62309 - RENTAL OF AUTO REPLACEMENT 4,885 4,885 66131 - TRANSFER TO GENERAL FUND 274,050 274,050 66132 - TRANSFER TO HUMAN SERVICES FUND 70,000 70,000 69525 - TRANSFER TO WATER FUND 26,400 26,400 Salary and Benefits 5,831,013 61010 - REGULAR PAY 2,936,925 1,220,778 1,716,147 61050 - PERMANENT PART-TIME 1,564,169 1,564,169 61110 - OVERTIME PAY 20,250 20,250 61510 - HEALTH INSURANCE 593,816 593,816 61615 - LIFE INSURANCE 2,119 2,119 61625 - AUTO ALLOWANCE 4,800 4,800 61626 - CELL PHONE ALLOWANCE 2,100 2,100 61630 - SHOE ALLOWANCE 540 540 61710 - IMRF 366,001 366,001 61725 - SOCIAL SECURITY 275,338 275,338 61730 - MEDICARE 64,955 64,955 Services and Supplies 2,248,490 61060 - SEASONAL EMPLOYEES 54,000 54,000 62185 - CONSULTING SERVICES 153,000 153,000 62205 - ADVERTISING 8,000 8,000 62210 - PRINTING 8,000 8,000 62225 - BLDG MAINTENANCE SERVICES 194,000 194,000 62235 - OFFICE EQUIPMENT MAINT 10,000 10,000 62245 - OTHER EQMT MAINTENANCE 1,300 1,300 62275 - POSTAGE CHARGEBACKS 2,600 2,600 62290 - TUITION 15,000 15,000 62295 - TRAINING & TRAVEL 42,000 42,000 62315 - POSTAGE 1,000 1,000 62340 - IT COMPUTER SOFTWARE 228,600 228,600 62341 - INTERNET SOLUTION PROVIDERS 235,000 235,000 62360 - MEMBERSHIP DUES 2,100 2,100 62375 - RENTALS 59,740 59,740 62380 - COPY MACHINE CHARGES 12,900 12,900 62506 - WORK- STUDY 9,700 9,700 62705 - BANK SERVICE CHARGES 5,700 5,700 64015 - NATURAL GAS 29,900 29,900 64505 - TELECOMMUNICATIONS 3,500 3,500 64540 - TELECOMMUNICATIONS - WIRELESS 2,000 2,000 65025 - FOOD 20,000 20,000 65040 - JANITORIAL SUPPLIES 12,000 12,000 65050 - BLDG MAINTENANCE MATERIAL 30,000 30,000 65095 - OFFICE SUPPLIES 70,000 70,000 65100 - LIBRARY SUPPLIES 237,750 237,750 65125 - OTHER COMMODITIES 25,000 25,000 65555 - IT COMPUTER HARDWARE 45,000 45,000 65630 - LIBRARY BOOKS 591,300 591,300 65635 - PERIODICALS 18,700 18,700 65641 - AUDIO VISUAL COLLECTIONS 120,700 120,700 Grand Total 8,472,778 1,220,778 7,252,000 Total to be Levied 7,476,289 Loss Factor 224,289 Amount to be raised by taxes 7,252,000 138-O-19 Exhibit 1 Page 6 of 6 SP7.Page 131 of 253 Memorandum To: Honorable Mayor and Members of the City Council From: Hitesh Desai, Chief Financial Officer CC: Paul Zalmezak, Economic Development Manager Subject: Ordinance 139-O-19, Special Service Area #4 2019 Tax Levy Date: November 18, 2019 Recommended Action: Staff recommends City Council adoption of Tax Levy Ordinance 139-O-19, which levies the annual property tax for Special Service Area #4 in the amount of $592,665 ($610,995 as extended including loss factor of 3%). This represents an increase of 14.1% over the 2018 Levy of $525,000 ($535,714 as extended). Council Action: For Introduction Summary: Ordinance 139-O-19 is the annual tax levy for Special Service Area #4, which funds a portion of the activities of Downtown Evanston. The 2019 Levy is based on the City’s agreement with Downtown Evanston and FY 2020 Proposed Budget for the City of Evanston. The total tax levy as extended for 2019 is $610,995 including a 3% loss factor as allowed by the Cook County. This represents an increase of 14.1% over the 2018 Levy of $535,714 as extended Questions regarding this ordinance may be forwarded to: Hitesh Desai Treasurer 847.448.8082 HDesai@cityofevanston.org Attachments: Ordinance 139-O-19 2019 Tax Levy SSA4 SSA#4 Downtown Evanston 2019 Annual Presentation SP8.Page 132 of 253 11/18/2019 139-O-19 AN ORDINANCE Levying Taxes for the Special Service Area No. 4 of the City of Evanston, County of Cook, and State of Illinois, for the Fiscal year Beginning January 1, 2020, and Ending December 31, 2020 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, in order to meet expenses and liabilities of the Special Service Area No. 4 of the City of Evanston, Illinoi s, for the fiscal year beginning January 1, 2019, there is hereby levied on all real property subject to taxation within the limits of said Special Service Area No. 4 of the City of Evanston as assessed and equalized for the year 201 9, the sum of Six hundred Ten thousand Nine hundred Ninety-Five dollars ($610,995.00), being the total 2020 budget plus allowances for allowable collection losses (3%), which are to be collected from the tax levy of Special Service Area No. 4 of the City of Evanston for the year 2019. The specific amounts levied for the various purposes and funds are designated by being placed in separate columns under headings "To Be Raised By Taxation," and are identified in that manner on the following pages of this Ordinance. SECTION 2: That there be appropriated for the City of Evanston Special Service Area No. 4: Page 2 of 42 SP8.Page 133 of 253 139-O-19 Special Service Area No. 4 Fund Budget Source Other Than Taxation Levy Taxes Personal Services $211,326 $0 $211,326 Maintenance $258,000 $0 $258,000 Professional and Other $177,600 $54,261 $123,339 SUBTOTAL $646,926 $54,261 $592,665 Collection Losses (3%) $18,330 TOTAL TAXATION $610,995 SECTION 3: Per City ordinance 67-O-07 adopted July 9, 2007, under no circumstances shall the total annual amount levied exceed 0.1464% of the Special Service Area No. 4 equalized assessed valuation. Add language for 2019 action…. SECTION 4: That the foregoing recitals are found as fact and made a part hereof. SECTION 5: That all ordinances or parts of ordinances in conflict herewith are repealed. SECTION 6: That this ordinance 139-O-19 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Page 3 of 42 SP8.Page 134 of 253 139-O-19 Introduced:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle Masoncup, Corporation Counsel Page 4 of 42 SP8.Page 135 of 253 DOWNTOWNEVANSTON.ORG DOWNTOWN EVANSTON EDC Presentation Wednesday, October 23, 2019 Page 5 of 42SP8.Page 136 of 253 DOWNTOWNEVANSTON.ORG Board of Directors Class 1 Roger Sosa, Evanston Chamber of Commerce Class 2 Ami Mayo, Golub & Co. (1603 Orrington) Vacant, Church Street Plaza Patti McDermott, NAI Hiffman (909 Davis) Farhan Ali, Highlands REIT (Sherman Plaza) Andrew McDonald, Rotary International (1560 Sherman) Vacant, Hilton Garden Inn (1818 Maple) Andrew Haubert, Transwestern (1007 Church St.) Becky Layton, Park Evanston (1630 Chicago Ave.) Ranee Berlian, Colliers International (500 Davis) Christy Luna, E2 (1890 Maple Ave.) Red type indicates new director Class 3 Paul Zalmazek, Economic Development Manager, City of Evanston Class 4 Marty Cless, Core & Rind Hospitality (1026 Davis St.) Stefanie Olencheck, Hyatt House (1525 Chicago Ave.) Mike Smylie, Smylie Brothers (1615 Oak St.) Dave Davis, Northwestern University Angela Valvanis, Creative Coworking (922 Davis St.) Class 5 Carol Bass, residential property owner Gregory Stewart, residential property owner Marilyn Faklis Ruiz, residential property owner Page 6 of 42SP8.Page 137 of 253 DOWNTOWNEVANSTON.ORG Executive Committee Andrew McDonald, Board Chair Rotary International (1560 Sherman Ave.) Vacancy, Hilton Garden Inn North Shore/Evanston (1818 Maple) Marilyn Faklis Ruiz, Secretary downtown residential property owner Vacancy Stefanie Olencheck Hyatt House (1615 Chicago Ave.) Mike Smylie Smylie Brothers (1615 Oak St.) Executive Committee meetings are held monthly on the second Thursday of the month at 9am at Industrious Evanston, 909 Davis St. 5th floor. Page 7 of 42SP8.Page 138 of 253 DOWNTOWNEVANSTON.ORG SSA Reconstitution •SSA Video •Brochure •Public Meetings Page 8 of 42SP8.Page 139 of 253 DOWNTOWNEVANSTON.ORG SSA Reconstitution •Expanding the district •Residential owners will not be included Page 9 of 42SP8.Page 140 of 253 DOWNTOWNEVANSTON.ORG Page 10 of 42SP8.Page 141 of 253 DOWNTOWNEVANSTON.ORG Reconstitution Outreach • Postcard mailed to each owner of record notification for two public meetings • Ipetition online support from 131 pp • Created brochure and video to further educate stakeholders of SSA activities & management • Public Meeting #1 – July 16 (morning) • Public Meeting #2 – July 17 (evening) Page 11 of 42SP8.Page 142 of 253 DOWNTOWNEVANSTON.ORG Marketing & Events Page 12 of 42SP8.Page 143 of 253 DOWNTOWNEVANSTON.ORG Hygge Fest February 16-22, 2019 15 events and/or promotions 3 media hits Page 13 of 42SP8.Page 144 of 253 DOWNTOWNEVANSTON.ORG Wellness Crawl •May 4, 2-6pm •40 people ($30 tickets) •5 Businesses Aligned Modern Health SPENGA Title Boxing Club Pure Barre CycleBar Page 14 of 42SP8.Page 145 of 253 DOWNTOWNEVANSTON.ORG Summer Events •Thursday Night Live | June 13-August 22 Featuring 3 “Block Party Nights” •Sip & Stroll | June 20, 5-8pm •Orrington Avenue Sidewalk Party | June 20 •Bike to Work Week | June 19-28 •Get Fit Fridays | June to August •Sidewalk Sale & Chalk Art Fest | July 26-28 •Where’s Waldo – Independent Retailer Month Page 15 of 42SP8.Page 146 of 253 DOWNTOWNEVANSTON.ORG Fountain Square Dedication Page 16 of 42SP8.Page 147 of 253 DOWNTOWNEVANSTON.ORG Vintage Garage Chicago •Dates May 19 July 21 September 15 •Maple Ave. Garage 1,100 attendees at 1st event Page 17 of 42SP8.Page 148 of 253 DOWNTOWNEVANSTON.ORG Evanston Pride + Sidewalk Sale Chalk Art Contest Page 18 of 42SP8.Page 149 of 253 DOWNTOWNEVANSTON.ORG Thursday Night Live + Get Fit Friday Page 19 of 42SP8.Page 150 of 253 DOWNTOWNEVANSTON.ORG Oktoberfest 730 attendees, 3 local restaurants, 16 breweries and a more authentic German feel with music, costumes, food and contests Page 20 of 42SP8.Page 151 of 253 DOWNTOWNEVANSTON.ORG Retention & Attraction •Northwestern University Medill Partnership (now) •Customer Service Workshop with Evanston Bank (May 8, 2019) •Google Workshop with Chicago’s North Shore CVB (June) •Cyber Security – October •Holiday Planning – 37 Oaks Page 21 of 42SP8.Page 152 of 253 DOWNTOWNEVANSTON.ORG Placemaking •Partnership with One River School to decorate 14 City of Evanston utility boxes (June-August) •Donation Station Parking Meter Refresh (Fall) •City of Evanston Art Council Grant for Piano Art Installation at Fountain Square (May) Page 22 of 42SP8.Page 153 of 253 DOWNTOWNEVANSTON.ORG Painted Utility Boxes Page 23 of 42SP8.Page 154 of 253 DOWNTOWNEVANSTON.ORG PR & Marketing WGN Morning News “Around Town” with Ana Belaval featured 4 local retailers – Ayla’s, Becky and Me Toys, Dragonfly and Vinic Page 24 of 42SP8.Page 155 of 253 DOWNTOWNEVANSTON.ORG Influencers • Hosted 5 International LGBTQ influencers/bloggers for one night during PRIDE • Combined have followers of 246,300 Page 25 of 42SP8.Page 156 of 253 DOWNTOWNEVANSTON.ORG Influencers • Hired 3 influencers: kidsareatrip travel writer and content creator Travelmindset – travel writer Ting Ma – fashion blogger • 2 Million impressions • 44 Posts • 18,740 Social Media Engagements Page 26 of 42SP8.Page 157 of 253 DOWNTOWNEVANSTON.ORG Found on WCIU The Jam Page 27 of 42SP8.Page 158 of 253 DOWNTOWNEVANSTON.ORG Chef’s Station on WGN Page 28 of 42SP8.Page 159 of 253 DOWNTOWNEVANSTON.ORG PR & Marketing - Influencers Lifestyle blogger & influencer @Naturalista86 Mother’s Day Staycation in downtown Evanston (May 11-12) 25.6K Followers Blogger focused on motherhood, lifestyle, beauty & travel Featured downtown Evanston on stories, in a post, and a blog post about the experience Page 29 of 42SP8.Page 160 of 253 DOWNTOWNEVANSTON.ORG @Naturalista86 posts Bookends & Beginnings Vinic Wine Cupitol Hyatt House Evanston History Center House Walk Page 30 of 42SP8.Page 161 of 253 DOWNTOWNEVANSTON.ORG Website Analytics Page 31 of 42SP8.Page 162 of 253 DOWNTOWNEVANSTON.ORG 2019 Top 10 Pageviews Total: 146,985 Page 32 of 42SP8.Page 163 of 253 DOWNTOWNEVANSTON.ORG Advertising Channels Page 33 of 42SP8.Page 164 of 253 DOWNTOWNEVANSTON.ORG Advertising Creative Page 34 of 42SP8.Page 165 of 253 DOWNTOWNEVANSTON.ORG Advertising Creative Page 35 of 42SP8.Page 166 of 253 DOWNTOWNEVANSTON.ORG OHC Creative • Special Chicago Tribune weekend insert • Available in 250 sites • 500,000 copies distributed Page 36 of 42SP8.Page 167 of 253 DOWNTOWNEVANSTON.ORG New Brochure Distribution Page 37 of 42SP8.Page 168 of 253 DOWNTOWNEVANSTON.ORG Maintenance/Public Way •Flower Planters Added 19 in 2019 •Fountain Square Clean tables/chairs 2/week •Sherman Ave. Sidewalk Improvement Hosted meetings with business •Powerwashing Completed in July Page 38 of 42SP8.Page 169 of 253 DOWNTOWNEVANSTON.ORG Retail News Businesses Closed •Kafein – 1621 Chicago Ave. •Forever Yogurt – 1739 Sherman Ave. •Taco Bell – 1737 Sherman Ave. •Francesca’s – 1631 Sherman Ave. •Bottle & Bottega – 1016 Davis St. •Botti Studio – 919 Grove St. •Hearth Restaurant – 1625 Hinman •Pete Millers – 1557 Sherman Ave. •Williams Shoes – 710 Church St. Businesses Opened •Frida’s Restaurant – 618 Church St. •10Q Chicken – 816 ½ Church St. •Dawn Skin Studio – 828 Davis St. •Deka Lash – 816 ½ Church St. •Xfinity – 1608 Sherman Ave. •Mid Kitchen – 1512 Sherman Ave. •Newport Coffee House – 622 Davis St. •Philz Coffee – 1030 Davis St. •Salon Lofts – 1735 Maple Ave. Page 39 of 42SP8.Page 170 of 253 DOWNTOWNEVANSTON.ORG New City-Wide Campaign Page 40 of 42SP8.Page 171 of 253 DOWNTOWNEVANSTON.ORG 2019 Holidays • Fall Crawl – Oct 24 • Halloween Trick or Treat – Oct 26 • Small Business Saturday – Nov 30 • Tree Lighting – Dec 7 • Warm Bevvy Walk – Dec 12 Page 41 of 42SP8.Page 172 of 253 DOWNTOWNEVANSTON.ORG 2020 Budget Overview INCOME SSA #4 - $592,666 City of Evanston Contribution - $50,000 Total City of Evanston contributions - $642,666 Northwestern Contribution - $18,000 Sponsorship Income - $24,500 TOTAL: $685,166 EXPENSES Advertising - $71,000 Special Events - $45,500 Public Way Aesthetics – $78,000 Public Way Maintenance - $200,000 Tenant Retention and Attraction - $3,000 Map & Guide - $18,000 Admin, Non-Personnel - $43,000 Admin - $210,000 Planning - $16,000 TOTAL: $684,500 Page 42 of 42SP8.Page 173 of 253 Memorandum To: Honorable Mayor and Members of the City Council From: Hitesh Desai, Chief Financial Officer CC: Paul Zalmezak, Economic Development Manager Subject: Ordinance 140-O-19, Special Service Area #6 2019 Tax Levy Date: November 18, 2019 Recommended Action: Staff recommends City Council adoption of Tax Levy Ordinance 140-O-19, which levies the annual property tax for Special Service Area #6 in the amount of $221,000 ($227,835 as extended including a loss factor of 3%). This represents a 1.0% increase over the 2018 Levy as extended of $225,420. Council Action: For Introduction Summary: Ordinance 140-O-19 is the tax levy for Special Service Area #6, which funds a portion of the activities of the Dempster Street, Chicago Avenue, and Main Street Special Service Area. The 2019 Levy is based on the City’s agreement with the Main -Dempster Special Service Area and FY 2020 Proposed Budget for the City of Evanston. The total tax levy as extended for 2019 is $227,835. This represents a 1.0% increase over the 2018 Levy as extended of $225,420. Questions regarding this ordinance may be forwarded to: Hitesh Desai Treasurer 847.448.8082 HDesai@cityofevanston.org Attachments: Ordinance 140-O-19 2019 Tax Levy SSA6 SSA#6 Main Dempster Mile 2019 Annual Presentation SP9.Page 174 of 253 11/18/2019 140-O-19 AN ORDINANCE Levying Taxes for the Special Service Area No. 6 of the City of Evanston, County of Cook, and State of Illinois, for the Fiscal year Beginning January 1, 2020, and Ending December 31, 2020 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, in order to meet expenses and liabilities of the Special Service Area No. 6 of the City of Evanston, Illinois, for the fiscal year beginning January 1, 2020, there is hereby l evied on all real property subject to taxation within the limits of said Special Service Area No. 6 of the City of Evanston as assessed and equalized for the tax year 2019, the sum of Two hundred Twenty-Seven thousand, Eight hundred Thirty-Five dollars ($227,835), being the total 2020 Budget plus allowances for allowable collection losses (3%), which are to be collected from the tax levy of Special Service Area No. 6 of the City of Evanston for the tax year 2019. The specific amounts levied for the various purposes and funds are designated by being placed in separate columns under headings "To Be Raised By Taxation," and are identified in that manner on the following pages of this Ordinance. SECTION 2: That there be appropriated for the City of Evanston Special Service Area No. 6: Page 2 of 28 SP9.Page 175 of 253 140-O-19 Special Service Area No. 6 Fund Budget Source Other Than Taxation Levy Taxes Personal Services $ 73,500 $0 $73,500 Maintenance $ 71,500 $0 $71,500 Professional and Other $76,000 $ $76,000 SUBTOTAL $221,000 $ $221,000 Collection Losses (3%) $6,835 TOTAL TAXATION $227,835 SECTION 3: Per City ordinance 69-O-15 adopted July 13, 2015, under no circumstances shall the total annual amount levied exceed 0.45% of the Special Service Area No. 6 equalized assessed valuation. SECTION 4: That the foregoing recitals are found as fact and made a part hereof. SECTION 5: That all ordinances or parts of ordinances in conflict herewith are repealed. SECTION 6: That this ordinance 140-O-19 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Page 3 of 28 SP9.Page 176 of 253 140-O-19 Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle Masoncup, Corporation Counsel Page 4 of 28 SP9.Page 177 of 253 October 2019 Update Add us on: Visit us at: MainDempsterMile.comPage 5 of 28SP9.Page 178 of 253 BOARD OF DIRECTORS UPDATE 2020 Board of Directors2019 Board of Directors Eric Young, President Alice George, Vice President Rogie Sussman Yun Park Gail Horvath Barb Cascio Hunter Owen Carl Ginsberg Yun Park, President (Soapie’s Cleaning & Tailoring) Hunter Owen, Vice President (Reprise Coffee Roasters) Rogie Sussman, Treasurer (Vogue Fabrics) Gail Horvath (Resident) Barb Cascio (Firehouse Grill) Carl Ginsberg (Autobarn) Bill Coyne (Kratos Strength Systems) Claire Kettelkamp (Kettelkamp & Kettelkamp) Ben Schapiro, (Everyday Cycles, EPL) Page 6 of 28SP9.Page 179 of 253 2019 YEAR-END FINANCIAL FORECAST Forecasted Profit & Loss TOTAL REVENUE $302,987 Forecasted Marketing Costs $53,757 Forecasted Placemaking Costs $87,482 Forecasted Admin Costs $132,732 PROGRAM EXPENSE (SIX MONTHS RESERVES) $234,373 $39,597 SURPLUS $29,017 Forecasted Marketing Costs , $53,757 Forecasted Placemaking Costs, $87,482 Forecasted Admin Costs, $132,732 2019 MIX OF INVESTMENTSPage 7 of 28SP9.Page 180 of 253 Rainbows for All Children, 614 Dempster St WHO IS RAINBOWS? Rainbows for All Children is dedicated to providing support for all youth as they navigate grief and heal from loss, whether from death, divorce/separation, deployment, deportation, incarceration or other trauma. Rainbows for All Children fosters awareness that youth require support to heal. We nurture a community of effective Rainbows-trained Facilitators, supported with a repository of resources designed to guide youth in their grieving process. Rainbows operates 3 support groups in Evanston and hundreds around the country. NEW IN 2019: WE ADDED A CHARITY PARTNER WE GET: •Volunteer help for our events •Promotional help for our events THEY GET: •A portion of proceeds from our events •The rights to our Wine Walk Raffle •Exposure to our neighborsPage 8 of 28SP9.Page 181 of 253 COMMUNITY & MERCHANT ENGAGEMENT MDM VILLAGE AT CUSTER FAIR, FEAT. THE SCHOOL OF ROCK STAGEPage 9 of 28SP9.Page 182 of 253 COMMUNITY & MERCHANT ENGAGEMENT Earth Day Neighborhood cleanup, April 2018 Neighborhood Concerts / block parties 3 on Main St NEW! Summer’s End concert at Dempster & Sherman Successful Merchant MarketplacePage 10 of 28SP9.Page 183 of 253 COMMUNITY & MERCHANT ENGAGEMENT “Color the Mile with PRIDE”Page 11 of 28SP9.Page 184 of 253 MERCHANT ENGAGEMENT Convening Merchants & Property Owners Meeting with Chief Cook, Alderman Wynne, EPD Green Business Initiatives seminar Sustain Evanston walkthroughs Main Street Improvement Project CVB Seminar: Using Google for marketing Connecting merchants Craftjack + MEAC JJ’s List Disability Players + CoE Equity Advocates Kratos Strength Systems + Autobarn Upended Productions “ALICE” + Main Street shop venues Merchant Email Alerts grow and solidify Matching funds for merchants * Sidewalk planters * Security Cameras * Holiday window decorationsPage 12 of 28SP9.Page 185 of 253 PLACEMAKING 2019 Bringing the Business District to life for Children with Fairy Doors!Page 13 of 28SP9.Page 186 of 253 PLACEMAKING: JENNIFER MORRIS PARK BEFORE AFTERIn partnership with Cultivate Urban Rainforest & Gallery and the City of Evanston Parks DepartmentPage 14 of 28SP9.Page 187 of 253 COMMUNITY HERB GARDEN courtesy of Cultivate REDEDICATION CEREMONY Introducing the extraordinary Jennifer Morris to a new generation PLACEMAKING: JENNIFER MORRIS PARKPage 15 of 28SP9.Page 188 of 253 PLACEMAKING: NEW PUBLIC ART Ouizi Mural, 1231 Chicago Chicago Bears Street Art (Truborn Gallery)Page 16 of 28SP9.Page 189 of 253 PLACEMAKING: NEW PUBLIC ART RENEWABLE ART AT 600 WASHINGTON St: Revolving Mural, curated by Evanstonian Jordan Nickel (aka Pose) to replace the degrading mural currently there. ARTIST VISION STATEMENT FOR THE DESIGN: "I wanted to paint something that would make you stop and ponder but inevitably leave you with a positive uplifting message. My text collage is an abstraction of the quote made famous by Henry Ford.."If you think you can do a thing or can't do a thing, you're right.“ I wanted to update the quote to... "if you think you can do a thing your right" Its just meant to be an overall uplifting and positive take away for viewers that reflects the creative optimism that is Evanston. Thanks, J"Page 17 of 28SP9.Page 190 of 253 ECONOMIC DEVELOPMENT: EVENTS EVANSTON CRAFT CRAWL Featuring tastings of craft beverages made on the Mile – Few Spirits, Sketchbook beer, Kombucha Brava kombucha YELP’S CURE FOR CABIN FEVER ON THE MAIN- DEMPSTER MILE Featuring in- store events throughout the cold weather monthsPage 18 of 28SP9.Page 191 of 253 ECONOMIC DEVELOPMENT: YELP’S CURE FOR CABIN FEVER (IN PARTNERSHIP WITH YELP NORTH SHORE)Page 19 of 28SP9.Page 192 of 253 ECONOMIC DEVELOPMENT: EVANSTON WINE WALK 426 paid guests 48 participating businesses $1,477 Raised for Rainbows for All Children GUEST FEEDBACK MERCHANT FEEDBACK 0 50 100 150 200 250 300 350 400 450 500 105 272 351 455 426 Wine Walk Year over Year HeadcountPage 20 of 28SP9.Page 193 of 253 ADDED TO THE WINE WALK THIS YEAR TASTE OF THE MILE DINNER PARTY •Hosted at Autobarn •Featuring tastes from MDM restaurants •Using catering help from the YWCulinary ProgramPage 21 of 28SP9.Page 194 of 253 WINE WALK HIGHLIGHTS Belgian Chocolatier Piron Augie LaCapra State Farm Thrift House Blind Faith CafePage 22 of 28SP9.Page 195 of 253 Sidewalk Sale (with Downtown Evanston) Annual Celebration Spooky Saturday on the Main-Dempster Mile Small Business Saturday Holiday Treat Walk ECONOMIC DEVELOPMENT: CONTINUING THESE GREAT EVENTS …Page 23 of 28SP9.Page 196 of 253 BUILDING AWARENESS THROUGH ADVERTISING CTA Purple Line Ad Campaign: Nov-Dec 2019Page 24 of 28SP9.Page 197 of 253 DIGITAL COMMUNICATION GROWTH 2017 2018 2019 %+/- SOCIAL MEDIA Facebook 975 1739 2207 127% Twitter 312 427 446 104% Instagram 686 1189 1513 127% BROADCAST EMAIL Full list of contacts 887 1288 1613 125% Merchants list 336 329 317 96% Residents 273 726 985 136%Page 25 of 28SP9.Page 198 of 253 GOVERNANCE Amended our bylaws to include a special membership category for businesses outside our tax district, but inside our community borders Recruited and vetted Board & Committee volunteersPage 26 of 28SP9.Page 199 of 253 2020 PROPOSED BUDGET MIX Budgeted Marketing Costs $59,000 Budgeted Placemaking Costs $72,330 Budgeted Admin Costs $141,720 TOTAL REVENUE $291,500 PROGRAM EXPENSE (SIX MONTHS RESERVES) $233,453 ($39,597) SURPLUS $44,872 Budgeted Profit & Loss Page 27 of 28SP9.Page 200 of 253 THANK YOU FOR YOUR SUPPORT Add us on: Visit us at: MainDempsterMile.comPage 28 of 28SP9.Page 201 of 253 Memorandum To: Honorable Mayor and Members of the City Council From: Luke Stowe, Interim Administrative Services Director CC: Michael Rivera, Interim Parking Manager Subject: Ordinance 154-O-19, Amending Various Chapters of Title 10, “Motor Vehicles and Traffic” Regarding Parking Violations Date: November 18, 2019 Recommended Action: Staff recommends City Council adoption of Ordinance 154 -O-19, amending various Chapters of Title 10, "Motor Vehicles and Traffic" regarding parking violations. The Ordinance will realign parking fines in phases over the next two years with the maximum increase to a single violation being $10. The proposed realignment affects many of the lesser issued citations and is recommended to ensure consistency and uniformity among the various citation types. Additional amendments to the code in this ordinance improve the organization of the sections and simplify where the fines can be found (example: Snow Parking Ban - the fee stays the same, but the information is moving Sections). Council Action: For Introduction Summary: The Administrative Services Department is recommending indexed adjustments to a variety of parking citations for 2020 through 2021. The proposed realignment affects many of the lesser issued citations and is recommended to ensure consistency and uniformity among the various citation types. A phased approach will limit increases each year to a maximum of $10. Although parking meter/pay station violation fines (for no payment or over max time limit) were increased last year, there are many other parking fines that have not been reviewed or adjusted in many years. In addition, staff has found that many fines that do not align with others that are similar in nature. For example, a car that is parked unde r a fire escape only pays $35, but a car parked within 15 feet of a fire hydrant pays $60. A car parked within an intersection pays $35, but parking within 8 feet of a driveway pays $60. Staff has reviewed neighboring cities parking fine rates. The Village of Skokie’s parking fines were $50 or higher except for one fine at $35 for obstructing traffic. Some of the $50 fines were for stopping/standing in prohibited areas, unloading a vehicle, and parking in a residential permit area without a permit. The City of Chicago charges $75 for parking in a SP10.Page 202 of 253 residential permit area without a permit, $150 for parking within 15 feet of a fire hydrant, and $150 for blocking access/alley/driveway/firelane, to name a few. The fee realignment as proposed keeps us below or in-line with our neighboring communities. Additional information is included on the budget memo on page 41 at www.cityofevanston.org/budget Attachments: Ordinance 154-O-19 Amending Various Parts of Title 10 Parking Fines Page 2 of 33 SP10.Page 203 of 253 11/6/2019 154-O-19 AN ORDINANCE Amending Various Chapters of Title 10, “Motor Vehicles and Traffic” Regarding Parking Violations NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Various sections of Title 10 Chapter 4, “Stopping, Standing or Parking,” of the Evanston City Code of 2012, as amended, are hereby further amended: CHAPTER 4 - STOPPING, STANDING OR PARKING 10-4-1. - STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES. No person, except when necessary to avoid conflict with other traffic or in compliance with the law or the directions of a police officer or a traffic control device, in any of the following places shall: (A) Stop, stand or park a vehicle: 1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street. A violation of Section 10-4-1(A)(1) shall result in a mandatory fine of fifty five dollars ($55.00). If a ticket issued under this Section is not paid within twenty-one (21) days following issuance of final determination of liability, the City shall impose an additional penalty of fifty-five dollars ($55.00); 2. On a sidewalk in such a way as to obstruct any portion thereof; 3. Within an intersection; 4. On a crosswalk; 5. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings; Page 3 of 33 SP10.Page 204 of 253 154-O-19 ~2~ 6. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic; 7. Upon any bridge or other elevated structure upon a highway; 8. On any railroad tracks. A violation of this Subsection (A)8. shall result in a mandatory fine of five hundred dollars ($500.00) or fifty (50) hours of community service. 9. At any place where official signs prohibit stopping, standing or parking; 10. On any controlled-access highway; 11. In the area between roadways of a divided highway, including crossovers; 12. On a parkway; 13. Under a fire escape. 14. In a public parking area if the vehicle does not display a current annual registration sticker or current temporary permit pending registration. (B) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge passengers: 1. In front of a public or private driveway or alley, and within eight feet (8') of a public or private driveway or alley where signposted. A violation of Section 10-4- 1(B)(1) shall result in a mandatory fine of sixty dollars ($60.00). If a ticket issued under this Section is not paid within twenty-one (21) days following issuance of final determination of liability, the City shall impose an additional penalty of fifty- five dollars ($55.00); 2. Within fifteen (15) feet of a fire hydrant. A violation of Section 10-4-1(B)(2) shall result in a mandatory fine of sixty dollars ($60.00). If a ticket issued under this Section is not paid within twenty-one (21) days following issuance of final determination of liability, the City shall impose an additional penalty of fifty-five dollars ($55.00); 3. Within twenty (20) feet of a crosswalk at an intersection; 4. Within thirty (30) feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of the roadway; Page 4 of 33 SP10.Page 205 of 253 154-O-19 ~3~ 5. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance (when properly signposted); 6. At any place where official signs prohibit standing. (C) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: 1. Within fifty (50) feet of the nearest rail of a railroad crossing; 2. At any place where official signs prohibit parking; (D) Move a vehicle not lawfully under his/her control into any such prohibited area or away from a curb such distance as is unlawful. 10-4-2. - OBSTRUCTING TRAFFIC. No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to obstruct the free movement of traffic. A violation of Section 10-4-2 shall result in a mandatory fine of fifty-five dollars ($55.00). If a ticket issued under this Section is not paid within twenty-one (21) days following issuance of final determination of liability, the City shall impose an additional penalty of fifty dollars ($50.00); 10-4-3. - PARKING FOR CERTAIN PURPOSES PROHIBITED. (A) No person engaged in the acquisition or sale of vehicles shall park or place a vehicle upon any street, alley, or parkway for the purpose of selling or offering the same for sale or rent. For purposes of this Section, a person "engages in the sale of vehicles" if he/she holds himself/herself out, by any means whatever, as accepting or willing to accept vehicles for sale. (B) It shall also be unlawful to park any vehicle upon the street in a business district from which any merchandise is being sold. (C) It shall be unlawful to park or place any nonmotorized vehicle upon or in any public way for any purpose or period of time other than for the expeditious loading or unloading of goods or materials, and then only for a period not to exceed four (4) hours. (D) It shall be unlawful to park or place any nonmotorized vehicle upon or in any public way between the hours of nine o'clock (9:00) P.M. and six o'clock (6:00) A.M . (E) Any person found violating any of the provisions of this Section shall be fined twenty five dollars ($25.00) for each offense and ten dollars ($10.00) additional penalty if payment is made after the expiration date. 10-4-4. - EMERGENCY PARKING. Page 5 of 33 SP10.Page 206 of 253 154-O-19 ~4~ Nothing contained in this Chapter shall be construed to prohibit emergency vehicles, or vehicles operated by physicians on emergency calls, from parking or standing such a motor vehicle in a zone where parking or standing is otherwise prohibited during the course of said emergency call. 10-4-5. - RESTRICTIONS IN BUSINESS AND RESIDENTIAL DISTRICTS. 10-4-5-1. - PARKING IN ALLEYS. (A) Parking In Alleys Within The Business District: Where signposted, it shall be unlawful for the operator of any vehicle to park the same in any alley within a business district; provided, however, that nothing herein shall be construed to prohibit the parking of delivery trucks while actually engaged in the delivery or picking up of merchandise or material. (B) Parking In Alleys Within Residence Districts: Where signposted, it shall be unlawful for the operator of any vehicle to park the same in the alley of any "residence district," defined in Chapter 1 of this Title, except with the left or right wheels of the vehicle within twelve inches (12") of the west side of north and south alleys and the south side of east and west alleys, except where parking on both or a different side of the alleys shall have been provided for or prohibited by ordinance and so indicated. Nothing herein shall be construed to permit parking in those alleys where by ordinance all parking shall have been prohibited. A violation of Section 10- 4-5-1 shall result in a mandatory fine of fifty-five dollars ($55.00). If a ticket issued under this Section is not paid within twenty-one (21) days following issuance of final determination of liability, the City shall impose an additional penalty of fifty dollars ($50.00); 10-4-5-2. - PARKING IN PREDOMINANTLY RESIDENTIAL AREAS. (A) Violation Penalty. It shall be unlawful for any person to park a taxicab, or any vehicle, other than a "passenger vehicle," as defined in this Title, in any street of any block in which more than one-half (½) of the buildings in such block are used exclusively for residential purposes, and in which block this regulation has been posted, for a longer period than is necessary for the reasonable expeditious loading or unloading of such vehicles. Any person violating the provisions of this Subsection shall be fined not less than five dollars ($5.00) nor more than twenty five dollars ($25.00) for each offense. (B) Residential Permit Parking Areas. 1. The City Manager or his/her designee is hereby authorized to designate, by and with the consent of the City Council, as hereinafter provided, streets and other public ways within the City on which the parking of vehicles may be restricted to vehicles bearing a valid parking permit issued pursuant to this Page 6 of 33 SP10.Page 207 of 253 154-O-19 ~5~ Section or to vehicles bearing a valid Evanston vehicle license issued pursuant to this Section. 2. As used in this Section: a. "Residential area" shall mean a contiguous or nearly contiguous area containing public highways or parts thereof primarily abutted by residential property or residential and nonbusiness property (such as schools, parks and churches), and designated as such by the City Manager. b. "Commuter vehicle" shall mean a motor vehicle parked in a residential area by a person not a resident thereof. 3. A residential area shall be deemed eligible for residential permit parking if, based on objective criteria herein established, parking therein is "impacted" by commuter vehicles between eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. weekdays, except holidays. 4. In determining whether an area identified as eligible for residential permit parking shall be designated as a residential permit parking area, the area in question shall meet the following criteria: a. The number of vehicles parked on the area streets during an average day, between the hours of eight o'clock (8:00) A.M. to five o'clock (5:00) P.M., except holidays. During any two (2) consecutive hours, the number of vehicles parked (or standing), legally or illegally, on the streets in the area must be equal to or greater than seventy percent (70%) of the legal on street parking capacity of the area to qualify as an "impacted" area. b. The number of commuter vehicles parked (or standing) on the streets of the area during the same time period as in Subsection (B)4a of this Section. The number of commuter vehicles so parked in this category must be equal or greater than thirty percent (30%) of the total number of vehicles parked to qualify as an "impacted" area. c. There must be reasonable and generally acceptable alternate areas for the displaced commuter vehicles to relocate to, or other modes of transportation to be utilized so that the cause of the impacted area under study is not merely shifted to an adjacent neighborhood residential area. d. The residents must be willing to accept the restrictions of the permit parking program and to bear the administrative costs incurred because of the designation of a residential parking area. The following factors shall also be considered: Page 7 of 33 SP10.Page 208 of 253 154-O-19 ~6~ a. The possibility of a reduction in total vehicle miles driven in the City and its environs; b. The likelihood of alleviating traffic congestion, illegal parking and related health and safety hazards; c. The proximity of public transportation to the residential area; d. The need for parking in proximity to establishments located therein and used by the general public for religious, educational, or recreational purposes. 5. In order to determine whether a particular street, avenue or other location should be designated as a residential permit parking area, a public hearing will be conducted prior to the designation of a permit parking area, or prior to the withdrawal of such designation once it is established. The hearing shall clearly state the exact location and boundaries of the residential permit parking area under consideration, the reasons why such area is being proposed for designation as a residential permit parking area, and the permit parking fee that would be charged as provided for herein. During such hearing any interested person shall be entitled to appear and be heard. No hearing shall be held and no area designated if it is not found to be an impacted area under Subsection (B)4 of this Section. 6. a. Following Council approval of the designation of a residential permit parking area, the City Manager or his/her designee shall issue appropriate permits and shall cause parking signs to be erected in the area indicating the times, locations, and conditions under which parking shall be by permit only. The area shall be described by stating which streets or portions of streets that comprise the area and shall outline the boundary of residence in Schedule XVIII, Section 10-11-18 of this Title. A permit shall be issued upon application and payment of the applicable fee, only to the owner or the operator of a motor vehicle who resides on property located within the residential permit parking area designated. Further, no permit shall be issued until the applicant has either: 1) paid the fine and/or penalty for each violation for which there is an outstanding or otherwise unsettled parking violation, or 2) requested an appearance in the circuit court to answer for each violation. b. Following Council order to withdraw residential parking designation, the City Manager or his/her designee shall cause the pertinent signs to be removed within a reasonable time period thereafter. 7. The application for a permit shall contain the name of the owner or operator of the motor vehicle, residential address, the motor vehicle's make, model, registration number, the number of the applicant's operator's permit, and the Page 8 of 33 SP10.Page 209 of 253 154-O-19 ~7~ number of the City motor vehicle license if legally required. The motor vehicle's registration and operator's license may, in the discretion of the City Manager, be required to be presented at the time of making said application in order to verify the contents thereof. The owner or operator of any motor vehicle applying for a residential parking permit shall have a valid City motor vehicle license for the vehicle unless said license is legally not required. The permit shall be renewed annually on or before January 1, upon such conditions and procedures as the City Manager or his/her designee shall specify. The permit may be issued on a pro rata, by month, basis; however, all permits issued after January 1 in any year shall be valid until December 31 of the same year. The permit shall be displayed in a manner as determined and directed by the City Manager or his/her designee. The permit shall display the City motor vehicle license number if required to have said license, zone number and expiration date. 8. Notwithstanding any provision of this Section to the contrary, the holder of a residential parking permit shall be permitted to stand or park a motor vehicle operated by him/her in the designated residential parking area specified on the permit during such times as the parking of motor vehicles therein is permitted. A residential parking permit shall not guarantee or reserve to the holder a parking space within a designated residential permit parking area. 9. A residential parking permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as the stopping, standing or parking of motor vehicles is otherwise generally prohibited or set aside for specific types of vehicles (no parking any time, bus stop, loading zone, etc.), nor exempt the holder from the observance of any traffic regulations. 10. a. No person shall display a permit on any vehicle other than the vehicle described in the application for which a residential parking permit has been made and the permit issued. Any such use or display of a permit on a vehicle as described above shall constitute a violation of this regulation by the permittee and by the person who so used or displayed such parking permit. b. It shall constitute a violation of this regulation for any person to represent himself/herself as eligible for a residential parking permit or to furnish any false information in an application to the City Manager or his/her designee in order to obtain a residential parking permit. c. The City Manager or his/her designee is authorized, in accordance with due process regulations as stated in other parts of this Code, to revoke the residential parking permit of any permittee found to be in violation of this regulation. Upon written notification thereof, the permittee shall surrender such permit to the City Manager or his/her designee. Failure, when so requested, to surrender a residential parking permit so revoked shall constitute a violation of this regulation. Page 9 of 33 SP10.Page 210 of 253 154-O-19 ~8~ d. Residential parking permits may only be issued to legal residents of a dwelling unit. The number of legal residents shall be that number specified in this Code. 11. The fee of one hundred fifteen dollars ($115.00) per permit, annually, is hereby established to cover administrative costs of permits, signs, and related costs of the residential permit parking programs. The fee is to be reduced by the amount of the Evanston vehicle license for those applicants who have purchased said license. Permits issued on or after January 1 shall have a fee of fifty-seven dollars and fifty cents ($57.50). 12. The City Manager or his/her designee is authorized to make provisions for the issuance of temporary parking permits to residents of a designated residential parking area. Proof of residence within the district must be provided prior to the issuance of said permits, which will have a fee of twenty cents ($0.20) each. These permits are for one day and will be valid only if the resident has entered in ink on the face of the permit the license plate of the visitor's vehicle, the day of the week and the date. 13. Any person who shall violate any provision of this regulation pertaining to "residents only parking" shall, upon conviction, be subject to punishment by a fine of twenty five dollars ($25.00) and if not paid within the period of ten (10) days from the date appearing on the violation notice, said person shall be subject to an additional fine of ten dollars ($10.00). Those streets or portions of streets so designated "residents only parking" shall be maintained in schedule XVIII, Section 10-11-18 of this Title. Any person who shall violate any provision of this regulation pertaining to "residents exempt parking" shall, upon conviction, be subject to the fine found in Schedule XVII, Section 10-11-17 of this Title. Those streets or portions of streets so designated "residents exempt parking" shall be maintained in Subsection 10-11- 10(F) of this Title. (C) Evanston Resident Only Parking Districts: The City Manager or his/her designee is authorized to designate, by and with consent of the City Council, certain streets or portions of streets as "Evanston resident only parking districts." The streets to be so designated shall meet the criteria for establishing residents only parking districts as described in Subsection (B) of this Section. The means of identifying vehicles eligible for parking in these districts shall be a valid Evanston vehicle license issued pursuant to Section 10-8-1 of this Title. The penalty for violating the provisions of this Section shall be twenty five dollars ($25.00) for each offense, and if not paid within ten (10) days from the date of issue of the violation notice, an additional ten dollar ($10.00) penalty shall apply. The streets designated as Evanston resident only parking districts shall be listed in Schedule XXII, Section 10-11-22 of this Title, which shall be created for that purpose. Page 10 of 33 SP10.Page 211 of 253 154-O-19 ~9~ (D) Signs Prohibiting Parking Near Driveways: Upon written application to the City Manager or the City Traffic Engineer and payment of the fee of thirty dollars ($30.00), a sign or signs prohibiting parking within eight feet (8') of driveways will be erected at the address designated in the application. 10-4-5-3. - PARKING OF COMMERCIAL VEHICLES AND BUSES. It shall be unlawful for any person to park a commercial vehicle or bus in any block in the City which meets the standards described in the following Subsections: (A) Residential Areas. It shall be unlawful for any person to park a commercial vehicle or bus in any block in the City in which more than one-half (½) of the buildings are used for residential purposes. This restriction shall be in effect between nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M., every day. "Commercial vehicle" and "bus" as used in this Subsection shall refer to those vehicles defined as such in the Illinois Vehicle Code. The penalty for each offense shall be ten dollars ($10.00) plus ten dollars' ($10.00) additional penalty if paid after the expiration of ten (10) days from the date of issue for vehicles less than twenty five feet (25') in length. For vehicles twenty five feet (25') or greater in length, the penalty for each offense shall be twenty five dollars ($25.00) plus ten dollars' ($10.00) additional penalty if paid after the expiration of ten (10) days from the date of issue. (B) Nonresidential Areas. It shall be unlawful for any person to park a commercial vehicle or bus in any block in the City in which signs have been posted indicating this prohibition, for a longer period than is required for the expeditious loading or unloading of such vehicles. "Commercial vehicle" and "bus" as used in this Subsection shall refer to those vehicles defined as such in the Section 10-1-3 of this Title. The penalty for each offense shall be ten dollars ($10.00) plus ten dollars' ($10.00) additional penalty if paid after the expiration of ten (10) days from the date of issue for vehicles less than twenty five feet (25') in length. For vehicles twenty five feet (25') or greater in length, the penalty for each offense shall be twenty five dollars ($25.00) plus ten dollars' ($10.00) additional penalty if paid after the expiration of ten (10) days from the date of issue. 10-4-6. - PARKING ON PRIVATE PROPERTY. No person shall stand or park a vehicle on any private lot or lot area without the express or implied consent of the owner thereof. Whenever signs or markings have been erected on any lot or lot area, contiguous or adjacent to a street, thoroughfare or alley indicating that no vehicles are permitted to stand or park thereon, it shall be unlawful for any person to drive a vehicle across any curb or lot line or over any driveway from a street or alley into such lot or area for the purpose of standing or parking such vehicle, or for any person to stop, stand or park any vehicle in such lot or lot area. Page 11 of 33 SP10.Page 212 of 253 154-O-19 ~10~ 10-4-7. - PARKING NEAR SCHOOL PROPERTY. Whenever an entrance to school property is used as an entrance or exit for school children, it shall be unlawful to park any vehicle on the school side of the street between the property lines of such school property between the hours of eight o'clock (8:00) A.M. and four o'clock (4:00) P.M. on any school day; provided, that signs are erected giving notice thereof. 10-4-8. - METHOD OF PARKING. Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be so stopped or parked with the right hand wheels of such vehicle parallel with and within twelve inches (12") of the right hand curb, except as otherwise provided in the following Subsections: (A) Upon those streets which have been marked or signed for angle parking, vehicles shall be parked at the angle to the curb indicated by such marks or signs. (B) Upon one-way streets or any alley where signs have been erected indicating that parking is permitted upon the left hand side of any such street or alley, vehicles parking in such areas shall be parked with the left hand wheels of such vehicle parallel with and within twelve inches (12") of the left hand curb. (C) In places where and at hours when stopping for loading or unloading of merchandise or materials is permitted, vehicles used for the transportation of merchandise and materials may back into the curb to take on or discharge loads when the owner of such vehicle holds a permit granting him/her such privilege. Such permit shall be either in the possession of the driver or on the vehicle at the time such vehicle is backed against the curb to take on or discharge a load. 10-4-9. - UNATTENDED MOTOR VEHICLES. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key, or when standing upon any perceptible grade, without effectively setting the brake thereon and turning the front wheels to the curb or side of the street or highway. 10-4-10. - SIGNS OR MARKINGS INDICATING ANGLE PARKING. (A) The traffic engineer shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets, but such angle parking shall not be indicated upon any federal aid or state highway within this City unless the Illinois Department of Transportation has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. Page 12 of 33 SP10.Page 213 of 253 154-O-19 ~11~ (B) Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the roadway. 10-4-11. - RESERVED PARKING FOR CITIZENS WITH DISABILITIES. (A) Reserved Parking On Municipal Property, Private Property Or Public Way: When a parking place has been designated as reserved for the mobility limited or when signs are erected giving notice thereof, it shall be unlawful for any person to park a vehicle in such parking space which vehicle does not display the designated license plate of the disabled or disabled veteran or which does not have posted upon such vehicle a permit issued by a government agency allowing such vehicle to park in the aforesaid designated space. Upon written application to the City Manager or his/her designee indicating the name, address, nature of physical disability and vehicular registration information, and evidencing medical documentation of nature, extent, and duration of said disability, the City Manager or his/her designee shall, upon confirmation of said application, issue to a mobility limited person a permit which will enable said permittee to utilize parking spaces designated for the mobility limited. (B) Spaces Reserved For Specific Citizens With Disabilities: 1. Residents with severe mobility limitations, including, but not limited to, persons using wheelchairs, walkers, artificial limbs, or persons having disabilities which limit walking to very short distances, may apply for a reserved on street space for their use only. Exception: Residents who own, rent, or have regular use of private driveways, carports, or garages which provide convenient or adequate access to their residences are not eligible for this program. Said permit may be issued only in areas zoned R1 through R6. 2. When a parking space has been designated as reserved for a citizen with a disability and signs are erected giving notice thereof, it shall be unlawful for any person to park a vehicle in such parking space which does not display the designated permit issued by the City allowing such a vehicle to park in the aforesaid designated space. 3. Vehicles using the aforesaid spaces are subject to all existing ordinances, including, but not limited to, Sections 10-4-12, "Street Cleaning" and 10-4-13, "Snow Emergency; Snow Route Parking Ban; Other Regulations," of this Chapter. 4. An application must be made in writing and on the form provided by the City. Said application shall contain the following information: a. Applicant's name; b. Applicant's address; Page 13 of 33 SP10.Page 214 of 253 154-O-19 ~12~ c. Motor vehicle registration/license number; d. Evanston wheel tax registration number (the "city sticker" number); e. Medical verification by a licensed physician that the applicant meets the criteria in Subsection (B)1 of this Section; and f. A signed statement by the applicant that he/she does not own, rent, or have regular use of a private driveway, carport, or garage which provides adequate or convenient access to his/her dwelling. 5. A permit shall be issued by the City Manager, City Traffic Engineer, or other person designated by the City Manager if the standards as set forth herein have been satisfied and upon payment of the installation fee of thirty dollars ($30.00). A violation of Section 10-4-11(B)(5) shall result in a mandatory fine of two hundred and fifty dollars ($250.00). If a ticket issued under this Section is not paid within twenty-one (21) days following issuance of final determination of liability, the City shall impose an additional penalty of one hundred dollars ($100.00); 6. The City Manager, City Traffic Engineer, or other person designated by the City Manager shall determine the location for the signs indicating the reserved space and shall cause signs to be erected designating said space. The determination of the City Manager, City Traffic Engineer, or other person designated by the City Manager as to the location of the reserved space shall be final. 7. The permit issued hereunder may be renewed on an annual basis by reapplication in writing on the form provided by the City as set forth in Subsection (B)4 of this Section and upon the payment of the renewal fee of ten dollars ($10.00). 8. In the event a renewal permit is not issued or if the person with the disability no longer needs the reserved space, the signs erected hereunder shall be removed by the City. 10-4-12. - STREET CLEANING. To facilitate the cleaning of streets within the City, signs giving notice of the street cleaning schedule shall be posted on streets or portions thereof by the City Manager or his/her designee. Where such signs are posted, it is a violation of this Section to park a vehicle on the days and between the times specified on the signs. Any changes to the street cleaning schedule must be approved by the administration and public works committee. A violation of Section 10-4-12 shall result in a mandatory fine of seventy dollars ($75.00). If a ticket issued under this Section is not paid within twenty-one (21) Page 14 of 33 SP10.Page 215 of 253 154-O-19 ~13~ days following issuance of final determination of liability, the City shall impose an additional penalty of fifty dollars ($50.00); 10-4-13. - SNOW EMERGENCY; SNOW ROUTE PARKING BAN; OTHER REGULATIONS. (A) Snow Route Parking Ban. A snow route parking ban is hereby declared to be in effect at 11:00 p.m. following the accumulation of two (2) inches of snow within a twenty-four (24) hour period, or may be declared by the City Manager, or his/her designee, and shall remain in effect until 6:00 a.m. the following day. (B) Snow Routes Designated. To facilitate the removal of snow and to assure the regular flow of traffic during and after snowfalls, the streets and public thoroughfares designated in Section 10-11-6, Schedule VI of this Title, are declared to be snow routes. A violation of Section 10-4-13(A) shall result in a mandatory fine of sixty dollars ($60.00), plus an additional penalty of twenty-five dollars ($25.00) if paid after the expiration of twenty-one (21) days following issuance of final determination of liability; (C) Snow Emergency. A snow emergency is hereby declared to be in effect at 8:00 a.m. following the accumulation of four (4) inches of snow or may be declared by the City Manager, or his/her designee, and shall remain in effect until 6:00 p.m. the following day, a period of thirty-four (34) hours. A snow emergency may be extended by the City Manager, or his/her designee, should conditions warrant. A violation of Section 10-4-13(C) shall result in a mandatory fine of sixty dollars ($60.00) if the vehicle does not have to be towed relocated. If a vehicle is found to be in violation, and the vehicle must be moved by the City to another location to allow for complete plowing of the street, a violation of one hundred and fifty five ($155.00) will be incurred; (D) Stopping, Standing, Parking Prohibited. 1. Snow Route Parking Ban: When signs have been erected giving notice thereof, it shall be unlawful for any person to stop, stand, park or leave unattended any motor vehicle upon a snow route, as designated in Subsection (B) of this Section, within the City from eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M. the following day during a snow route parking ban as defined in Subsection (A) of this Section. 2. Snow Emergency Parking Restrictions. On all streets within the City limits, other than designated snow routes, where signs have been erected giving notice thereof, and when a snow emergency has been declared as defined in Subsection (C) of this Section, parking is hereby prohibited on the even numbered side of the street on even dates of the month and on the odd numbered side of the street on odd dates of the month between the hours of 8:00 a.m. and 6:00 p.m. the following day, a period of thirty-four (34) hours. Page 15 of 33 SP10.Page 216 of 253 154-O-19 ~14~ 3. A violation of Section 10-4-13(D) shall result in a mandatory fine of sixty dollars ($60.00), plus an additional penalty of forty dollars ($40.00) if paid after the duration of twenty-one (21) days following issuance of final determination of liability. (E) Movement of Parked Vehicles. Whenever a motor vehicle has been stopped, parked or left unattended in violation of either the snow route parking ban or the snow emergency parking regulations, said vehicle is hereby declared to be a traffic hazard and the Chief of Police may order said motor vehicle removed pursuant to the provisions of Chapter 6 of this Title or other posted tow away zone within the City. A vehicle found in violation of a Snow Route Parking Ban that is towed will be subject to the sixty dollars ($60.00) fine plus an additional penalty of twenty-five dollars ($25.00) if paid after the expiration of ten (10) days from the date of issue and to the cost of towing and daily storage fee, based on the current rate established in the city towing contract. A vehicle found in violation of a Snow Emergency that must be towed and relocated shall pay a fine of one hundred fifty- five dollars ($155.00) plus an additional penalty of fifty-five ($55.00) if paid after the expiration of twenty-one (21) days following issuance of final determination of liability. (F) Snow Removal, Deposit in Certain Places Prohibited. 1. No person shall deposit or cause to be deposited any snow upon any street or public thoroughfare. 2. No person shall deposit or cause to be deposited any snow upon any street or public thoroughfare of the City in such a manner as to obstruct a public sidewalk nor shall any person deposit or cause to be deposited any snow upon a parkway or upon private property so as to obstruct a clear view at the intersection of traveled roadways. 10-4-14. - STOPPING FOR LOADING OR UNLOADING. 10-4-14-1. - CURB LOADING ZONES DESIGNATED. The traffic engineer is hereby authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which the provisions of this Section 10-4-14 are applicable. 10-4-14-2. - PERMITS REQUIRED. (A) Loading Or Unloading. The Traffic Engineer is authorized to issue to any owner of a vehicle used to transport merchandise or material a special permit renewable annually, and to state therein the terms and conditions thereof, allowing the driver of such vehicle the privilege of loading and unloading the same while the vehicle is Page 16 of 33 SP10.Page 217 of 253 154-O-19 ~15~ parked or backed against the curb, whenever such privilege is reasonably necessary for the conduct of the owner's business and will not seriously interfere with traffic. It shall be unlawful for any owner or driver to violate any of the special terms or conditions of any such permit. (B) Curb Loading Zones. The Traffic Engineer shall not hereafter designate or sign any curb loading zone upon special request of any person unless such person makes application for a permit for such zone and for two (2) signs to indicate the ends of each such zone. Upon granting a permit and issuing such signs, the City Manager or his/her designee shall collect from the applicant and deposit in the City treasury a service fee of ten dollars ($10.00) per year or fraction thereof. The Traffic Engineer may by general regulations impose conditions upon the use of such signs and for reimbursement of the City for the value thereof in the event of their loss or damage and their return in the event of misuse or upon expiration of permit. Every such permit shall expire at the end of one year. 10-4-14-3. - STANDING IN CURB LOADING ZONE. (A) Passenger. No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such curb loading zone are effective, and then only for a period not to exceed three (3) minutes. (B) Freight. No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick up and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed thirty (30) minutes. 10-4-14-4. - PUBLIC CARRIER STOPS AND STANDS DESIGNATED. The traffic engineer shall with the consent of the City Council establish bus stops, bus stands, taxicab stands and stands for other passenger common carrier motor vehicles on such public streets in such places and in such number as shall be determined to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate signs. 10-4-14-5. - STOPPING, STANDING, PARKING OF BUSES AND TAXICABS REGULATED. (A) The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein. Page 17 of 33 SP10.Page 218 of 253 154-O-19 ~16~ (B) The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone so designated as provided herein, except in case of an emergency. (C) The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a public street in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not farther than eighteen inches (18") from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic. (D) The operator of a taxicab while for hire shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. 10-4-14-6. - RESTRICTED USE OF BUS AND TAXICAB STANDS. No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. 10-4-14-7. - PASSENGER LOADING ZONES AND PUBLIC CARRIER STOPS AND STANDS DESIGNATED. It having been determined from traffic studies that the areas designated in Schedule VII, Section 10-11-7 of this Title, are necessary for the safety of pedestrian and vehicular traffic, those areas designated in said schedule are hereby declared to be loading zones, public carrier stops and stands. 10-4-15. - STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS. 10-4-15-1. - APPLICATION OF PROVISIONS. The provisions of this Section 10-4-15 prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. Page 18 of 33 SP10.Page 219 of 253 154-O-19 ~17~ 10-4-15-2. - REGULATIONS NOT EXCLUSIVE. The provisions of this Section 10-4-15 imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. 10-4-15-3. - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described in Schedule VIII, Section 10-11-8 of this Title. 10-4-15-4. - PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS. When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified in Schedule IX, Section 10-11-9 of this Title, on the days therein specified upon any of the streets or portions of streets described in said schedule. 10-4-15-5. - LIMITED PARKING PERMITTED. (A) Reserved Parking Space: Whenever signs are erected in each City block or at the entrance and exit of any City reserved parking space area giving notice thereof, no person shall park a motor vehicle for a period greater than that designated in schedule X, Section 10-11-10 of this Title, upon those streets, portions of streets or City reserved parking space areas indicated in said schedule on any day except Saturday, Sunday, and national holidays. It is not a defense to a violation of this 10- 4-15-5(A) to have moved and parked a vehicle in a new location if the vehicle's new location and the vehicle's prior location are within the same street, portion of street or City reserved parking space areas indicated in said Schedule. (B) Residential Exemption Parking Permits: The City Manager or his/her designee is hereby authorized to issue residential exemption parking permits to residents with a defined area to park for a period exceeding the posted time limit without penalty. Permits shall be issued upon the following conditions: 1. The vehicle operator must provide proof of residence within the designated exemption area. 2. If the resident's vehicle is required to have an Evanston vehicle license, proof of purchase of said license must be shown prior to the issuing of a residential exemption parking permit. Page 19 of 33 SP10.Page 220 of 253 154-O-19 ~18~ 3. No permit shall be issued until the applicant has either: a) paid the fine and/or penalty for each violation for which there is an outstanding or otherwise unsettled parking violation or b) requested an appearance in the circuit court to answer for each violation. 10-4-15-6. - PARKING SIGNS REQUIRED. Whenever by this Title or any other regulations of the City any parking time limit is imposed or parking is prohibited on designated streets, it shall be the duty of the traffic engineer to erect appropriate signs giving notice thereof and no such regulations shall be effective unless said signs are erected and in place at the time of any alleged offense. 10-4-15-7. - STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS. When signs are erected giving notice thereof, no person shall stop, stand or park a motor vehicle within the time and upon the streets or portions thereof designated in Schedule IX, Subsection 10-11-9(T) of this Title. 10-4-16. - RESERVED PARKING SPACE AREAS. 10-4-16-1. - DESIGNATION OF SPACES. (A) The areas designated in Schedule XI, Section 10-11-11 of this Title are hereby declared to be reserved parking space areas for the parking and storage of passenger motor vehicles by those persons who shall be granted an allotted space therein as provided in this Section 10-4-16. (B) The traffic engineer shall have the authority to designate and post within a reserved parking space area specific use reserved parking. The traffic engineer shall designate and post specific use reserved parking where it is determined upon the basis of an engineering and traffic investigation that such specific use reserved parking shall be necessary to aid in the regulation and control of the parking of vehicles. The specific use reserved parking shall be as set forth in Schedule XIX, Section 10-11-19 of this Title. 10-4-16-2. - PERMIT REQUIRED. (A) Application and Fee. It shall be unlawful for any person to park a vehicle in the posted reserved parking space areas designated in Subsection 10-4-16-1(A) of this Chapter, unless the owner or operator of such vehicle shall have received from the City Manager or his/her designee a permit for such parking and shall have paid the charges therefor for the current month. Further, no permit shall be issued until the applicant has either: A violation of Section 10-4-16-2 shall result in a mandatory fine of fifty dollars ($50.00). If a ticket issued under this Section is not paid within twenty- Page 20 of 33 SP10.Page 221 of 253 154-O-19 ~19~ one (21) days following issuance of final determination of liability, the City shall impose an additional penalty of forty-five dollars ($45.00); 1) Paid the fine and/or penalty for each violation for which there is an outstanding or otherwise unsettled parking violation; or 2) Requested an appearance in the circuit court to answer for each violation. Space for the storage and parking of passenger motor vehicles shall be reserved, set aside and allocated to those persons who shall make application therefor to the City Manager or his/her designee and upon the payment of the rental fee, as may be prescribed by the City Council from time to time. (B) Issuance; Transferability; Renewal. Should there be applicants for space in any designated area in excess of the number of parking spaces available, such applications shall be placed on file by the Finance Director, to be filed in chronological order. No person shall be permitted to sell, transfer or assign reserved parking space to any other person. Reassignment of space shall be by the Finance Director. Renewal of reserved parking spaces shall have preference over all other applications; provided, that such renewal applications are on file prior to the expiration date. (C) Exceptions. No permits shall be required for designated parking in those reserved parking areas set forth in Schedule XX, Section 10-11-20 of this Title. (D) Violations. Vehicles parked in violation of Section 10-4-16 shall be subject to towing and further penalties as designated in Schedule XVII, Section 10-11-17 of this Title, provided the reserved parking area is appropriately posted giving notice thereof. Each twenty-four (24) hour period the violation continues shall be construed to be a separate offense. 10-4-16-3. - RESERVED. 10-4-16-4. - MANNER OF PARKING. Vehicles parked or stored in any reserved space parking area shall be parked within the marked lines whenever lines are provided as a designation of parking spaces. No vehicle shall be parked or left in any driveway or other area not designated for parking. 10-4-16-5. - CONSTRUCTION OF RESERVED SPACE AGREEMENT. The issuance of a permit to park or store a motor vehicle within any designated reserved space parking area shall constitute a rental of vacant space and neither the City, nor any of its officers or employees shall be liable for any loss or damage to such vehicle or its contents, or for the loss or theft of the same. 10-4-16-6. - REVOCATION OF PERMITS. Page 21 of 33 SP10.Page 222 of 253 154-O-19 ~20~ Any permit granted under this Section 10-4-16 may be revoked at any time by the City Manager or his/her designee, in which event a rebate shall be prorated for the unexpired term. 10-4-17. - ON STREET PARKING OF EMERGENCY VEHICLES. Vehicles other than authorized emergency vehicles may not park in areas designated "emergency vehicle parking only" enumerated in Schedule XXI, Section 10- 11-21 of this Title. 10-4-18. - IDLING MOTOR VEHICLES. 10-4-18-1. - STANDING OR PARKED IDLING MOTOR VEHICLES. No standing or parked motor vehicle with a gross vehicle weight rating of eight thousand (8,000) pounds or greater shall be allowed to idle on any public street, public place, or private property for more than a total of five (5) minutes within a sixty-minute period except under the following circumstances: (A) The motor vehicle is an official City of Evanston vehicle that is operating in compliance with the City of Evanston Vehicle Idling Management Policy; (B) The motor vehicle idles while forced to remain motionless because of traffic, an official traffic control device or signal, or at the direction of a law enforcement official; (C) The motor vehicle idles when operating defrosters, heaters, air conditioners, or other equipment solely to prevent a safety or health emergency; (D) A police, fire, ambulance, public safety, other emergency or law enforcement motor vehicle, or any motor vehicle used in an emergency capacity, idles while in an emergency or training mode and not for the convenience of the vehicle operator; (E) The motor vehicle is owned by an electric utility and is operated for electricity generation or hydraulic pressure to power equipment necessary in the restoration, repair, modification or installation of electric utility service; (F) When the motor vehicle idles due to mechanical difficulties over which the operator has no control; (G) A bus idles a maximum of fifteen (15) minutes in any sixty-minute period to maintain passenger comfort while nondriver passengers are on board; (H) An armored motor vehicle idles when a person remains inside the vehicle to guard the contents, or while the vehicle is being loaded or unloaded; Page 22 of 33 SP10.Page 223 of 253 154-O-19 ~21~ (I) When idling of the motor vehicle is required to operate auxiliary equipment to accomplish the intended use of the vehicle (such as loading, unloading, mixing, or processing cargo; controlling cargo temperature; construction operations), provided that this exemption does not apply when the vehicle is idling solely for cabin comfort or to operate nonessential equipment such as air conditioning, heating, microwave ovens or televisions; (J) A motor vehicle idles as part of a government inspection to verify that all equipment is in good working order, provided idling is required as part of the inspection; or (K) The primary propulsion engine idles for maintenance, servicing, repairing, or diagnostic purposes if idling is necessary for such activity. 10-4-18-2. - PENALTY. Any person who violates the provisions of Section 10-4-18-1 of this Chapter shall be guilty of an offense punishable by a fine of one hundred fifty dollars ($150.00). 10-4-19. - PARKING IN ELECTRIC VEHICLE CHARGING STATIONS. (A) No person shall park or stand a vehicle in, or otherwise block or bar access to, any Electric Vehicle Charging Station except to park an Electric Vehicle therein and recharge it with the provided electric power source. (B) Nothing in this Section shall be construed to excuse any person who parks lawfully in an Electric Vehicle Charging Station from obeying posted parking restrictions and/or paying parking meters. 10-4-20. - RECREATIONAL VEHICLE PARKING. (A) No person, firm or corporation shall park any recreational vehicle, as defined in 625 ILCS 5/1-169, as amended, whether self-propelled or towed on any street in the City, unless a permit is issued by the City Manager or his/her designee. (B) The City Manager or his/her designee has the authority to adopt procedural rules and regulations governing the permit process, and to issue a parking permit for the parking of a recreational vehicle on a public street to any resident of the City or a bona fide guest of such resident, if: (1) a written application is made to the City Manager or his/her designee including the address of the resident; and (2) the appropriate fees are paid. (C) Permits. The permit shall state the address of the resident and the permit shall only be valid on a City-approved permitted lot upon availability, or within the same block as the resident's address, on either side of the street. Page 23 of 33 SP10.Page 224 of 253 154-O-19 ~22~ (1) Permits may be issued, but not exceed, seventy-two (72) consecutive hours. (2) No more than four (4) permits shall be issued for any one (1) recreational vehicle within one (1) calendar year. (3) Proof of residency and proof of recreational vehicle ownership or recreational vehicle use and control shall be demonstrated in a manner determined by the City Manager or his/her designee. (4) The fee for obtaining a single permit shall be fifty dollars ($50.00). (D) The recreational vehicle shall not be used for overnight camping. (E) Violations. (1) Any person violating the provisions of Section 10-4-20 shall be subject to a fine of one hundred dollars ($100.00) one hundred and five dollars ($105.00) per day per violation for up to five (5) calendar days. Service of the parking ticket may be served by affixing the original or a copy of the parking ticket to an unlawfully parked vehicle or by handing the parking ticket to the operator of a vehicle if he or she is present. (2) In addition to the penalty provided for in this Subsection, each recreational vehicle parked contrary to the provisions of this Subsection is hereby declared to be an obstruction in the streets and a public nuisance. After five (5) calendar days, the City Manager or his/her designee is authorized to immediately and without prior notice tow away, or cause to be towed away, said recreational vehicle. The removal shall be in accordance with City Code Section 10-6-2. (3) Failure to display the permit shall subject the owner of the recreational vehicle to the imposition of fines and/or removal of said vehicle as if the recreational vehicle were parked on the street without a permit having been issued. 10-4-21. – PENALTIES. (A) Except as otherwise provided in this Chapter, any violation of this Chapter that occurs between January 1, 2020 and December 31, 2020 shall result in a mandatory fine of forty dollars ($40.00) and any violation that occurs on or after January 1, 2021 shall result in a mandatory fine of fifty ($50.00) dollars. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (B) Except as noted above, if a ticket issued under this Chapter is not paid within twenty-one (21) days following issuance of final determination of liability, the City shall impose an additional penalty of thirty dollars ($30.00). Page 24 of 33 SP10.Page 225 of 253 154-O-19 ~23~ SECTION 2: Title 10, Chapter 5, Section 1 “Parking Zones Established,” and Title 10 Chapter 5, Section 3 “Parking Spaces” of the Evanston City Code of 2012, as amended, are hereby further amended: 10-5-1. - PARKING ZONES ESTABLISHED. (A) Parking zones are hereby established upon those streets or parts of streets described in Schedule XII, Section 10-11-12 of this Title, in which the parking of vehicles upon streets shall be regulated by single space parking meters, multi- space pay stations or web-based payments upon the days and between the hours specified in said Schedule. Parking zones also include parking spaces in City surface parking lots where the user pays for the parking space through a multi-space pay station or web-based payment application instead of utilizing a monthly parking permit. (B) The City Manager, traffic engineer, or other person designated by the City Manager is hereby authorized, subject to the approval of the City Council by amendment of Schedule XII, to establish parking zones at other locations upon those streets or parts of streets where it is determined upon the basis of an engineering and traffic investigation that parking meters, pay stations or web- based payments shall be necessary to aid in the regulation, control and inspection of the parking of vehicles. 10-5-3. - PARKING SPACES. (A) The Parking Manager shall designate the parking space(s) for each parking meter, pay station, or web-based payment area for which such device is to be used by appropriate markings upon a sign, or the curb and/or the pavement of the street. Parking spaces so designated shall be of appropriate length and width so as to be accessible from the traffic lanes of such street. (B) No person shall park a vehicle in any such designated parking space during the restricted or regulated time applicable to the parking zone so that any part of such vehicle occupies more than one such space or protrudes beyond the markings designating such space, except that a vehicle which is of a size too large to be parked within a single designated parking zone shall be permitted to occupy two (2) adjoining parking spaces when funds have been paid in the parking meter, pay station or web-based application for each space so occupied as is required in this Title for the parking of other vehicles in such space. Except as listed in Section 10-5-3(C), any violation of Section 10-5-3 that occurs between January 1, 2020 and December 31, 2020 shall result in a mandatory fine of forty dollars ($40.00). Any violation of Section 10-5-3 that occurs on or after January 1, 2021 shall result in a mandatory fine of fifty dollars ($50.00). Page 25 of 33 SP10.Page 226 of 253 154-O-19 ~24~ (C) A violation of the parking requirements for Lot 54 in Section 10-11-10 Schedule X(O),shall result in a mandatory fine of eighty dollars ($80.00). 10-5-4. – PAYMENT OF FUNDS AND TIME LIMITS. (A) No person shall park a vehicle in any parking space upon a street alongside of and next to a parking meter, pay station or web-based payment area during the restricted and regulated time applicable to the parking zone in which such meter is located unless funds of the appropriate denomination as provided by ordinance shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and said meter has been placed in operation. A violation of Section 10-5-4(A) shall result in a mandatory fine of twenty-five dollars ($25.00). If a ticket issued under this Section is not paid within twenty-one (21) days following issuance of final determination of liability, the City shall impose an additional penalty of fifteen dollars ($15.00). (B) No person shall permit a vehicle within his/her control to be parked in such parking space during the restricted and regulated time applicable to the parking zone while the parking for such space has expired. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter the necessary funds. A violation of Section 10-5-4(B) result in a mandatory fine of twenty-five dollars ($25.00); (B) (C) No person shall park a vehicle in any such parking space for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the parking zone, irrespective of the number or amounts of the funds deposited. Any violation of Section 10-5-4(B) that occurs between January 1, 2020 and December 31, 2020 shall result in a mandatory fine of forty dollars ($40.00). Any violation of Section 10-5-3 that occurs on or after January 1, 2021 shall result in a mandatory fine of fifty dollars ($50.00). (C) (D) The provisions of this Section shall not relieve any person from the duty to observe other and more restrictive provisions of this Title and the Illinois Vehicle Code prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. SECTION 3: Title 10 Chapter 8, Section 1 “License Required,” of the Evanston City Code of 2012, as amended, is hereby further amended: 10-8-1. - LICENSE REQUIRED. (A) It shall be unlawful for any person to use, maintain, store for purposes other than sale, park or operate within the City any motor vehicle registered or required to be registered with the Illinois Secretary of State, to an address within the corporate Page 26 of 33 SP10.Page 227 of 253 154-O-19 ~25~ limits of the City, unless such vehicle pays an annual fee outlined in Section 10-8-3 by December 31 for the following calendar year and therefore licensed with the City of Evanston as provided in this Chapter. In addition, vehicles not registered or required to be registered with the Secretary of State, as provided in the previous sentence, must be licensed as provided in this Chapter if the vehicle operator lives in an "Evanston resident only parking district" as described in Section 10-4-5-2(C) of this Title. All new residents of the City of Evanston must obtain a license pursuant to this Chapter within thirty (30) days of change of address. A violation of the provisions of this Section shall take place when a motor vehicle registered or required to be registered with the Illinois Secretary of State to an Evanston address is not licensed within thirty (30) days the motor vehicle is required to be licensed under this Chapter, whether or not said vehicle is actually in operation on the streets or public ways of the City. Citations for a violation of this Section shall be sixty dollars ($60.00) and considered in connection with the City's authority to immobilize motor vehicles per City Code Section 11-2-1. If a ticket issued under this Section is not paid within twenty-one (21) days following issuance of final determination of liability, the City shall impose an additional penalty of twenty-five dollars ($25.00); (B) The deadline for annual license renewal will be due no later than December 31 of the renewal year. Citations may be issued for violations of Section 10-8- 1(A) thirty-one (31) days after December 31 of the renewal year. SECTION 4: Title 10 Chapter 11, Section 17 “Schedule XVII; Parking Violation Penalties,” of the Evanston City Code of 2012, as amended, is hereby further amended: 10-11-17. - SCHEDULE XVII; PARKING VIOLATION PENALTIES. Reserved. The following penalties are hereby established as fines for violation of the parking provisions hereinafter enumerated: (A) Twenty-five dollars ($25.00) plus fifteen dollars ($15.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: SCHEDULE XVII (A): PARKING VIOLATION PENALTIES 1. Expired parking meter 10-5-4(B) (B) Fine of thirty ($30.00) plus twenty-five dollars ($25.00) additional penalty if paid after the expiration of ten (10) days from the date of issue SCHEDULE XVII (B): PARKING VIOLATION PENALTIES Page 27 of 33 SP10.Page 228 of 253 154-O-19 ~26~ 1. Parked without permit in certain City parking lots 10-4-16-1(B) Lot Location 6 1433 Maple, 1454 Elmwood, and 1509 Elmwood (police and fire) 30 1501 Elmwood in the "police vehicle only" area 43(A) 2603 Sheridan Road in area designated "43A permit" 44 555 Lincoln Street (water department) 51 927 Noyes Street (Noyes art center) 54 Poplar at Central 56 2100 Ridge Avenue (civic center) 58 Asbury Avenue and Leon Place (service center) 2. Parked near schools during school hours where posted 10-4-7 3. Parked in aisles in City parking lots 10-4-16-4 4. Parked in freight or passenger loading zone 10-4-14-3 5. Parked on private property without consent 10-4-6 6. Parked in area reserved for emergency vehicles 10-4-17 7. Parked on a bridge 10-4-1(A)7 8. Improper use of stops/stands by buses/cabs 10-4-14-5 9. Passenger vehicle parking only 10-4-5-2(A) 10. Commercial vehicle (25 feet or less) parked in residential area between 9:00 p.m. and 7:00 a.m. 10-4-5-3 11. Parked in bus stop or cabstand 10-4-14-6 12. Parked outside meter space lines 10-5-3(B) 13. Nonmotorized vehicle parked on street over 4 hours 10-4-3(C) (B.1) Fine of twenty-five dollars ($25.00). No current State registration (Ord. 21-O-02) 10-4-1(C) (C) Snow Route Parking Ban and Snow Emergency Penalties: SCHEDULE XVII (C): PARKING VIOLATION PENALTIES 1. Snow Route Parking Ban: Vehicles illegally parked on a snow route, as designated in schedule VI, Section 10-11-6 of this Chapter and in Section 10-4-13(B) of this Title during a snow route parking ban, shall pay a fine of sixty dollars ($60.00), plus an Page 28 of 33 SP10.Page 229 of 253 154-O-19 ~27~ additional penalty of twenty-five dollars ($25.00) if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability. 2. Tow Away And Storage; Snow Route Parking Ban: Vehicles towed pursuant to Section 10-4-13(E) of this Title shall be subject to the sixty dollars ($60.00) fine plus an additional penalty of twenty-five dollars ($25.00) if paid after the expiration of ten (10) days from the date of issue pursuant to Subsection (C)1 of this Section and to the cost of towing and the daily storage fee, based on the current rate established in the city towing contract. 3. Snow Emergency; Vehicle Not Towed: Vehicles illegally parked, as defined in Section 10-4-13(D) of this Title, but not towed and relocated, during a snow emergency on all streets, other than those defined by ordinance to be a snow route, shall pay a fine of sixty dollars ($60.00), plus an additional penalty of forty dollars ($40.00) if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability. 4. Snow Emergency: Vehicles illegally parked as defined in Section 10-4-13(D) or (E) of this Title which are towed and relocated during a snow emergency on all streets other than those defined by ordinance to be a snow route shall pay a fine of one hundred fifty- five dollars ($155.00) plus an additional penalty of fifty-five dollars ($55.00) if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability. (D) Fine of thirty-five dollars ($35.00) plus thirty dollars ($30.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: SCHEDULE XVII (D): PARKING VIOLATION PENALTIES 1. Parked under fire escape 10-4- 1(A)(12) 2. Parked left wheel to curb on two-way street or parked more than 12 inches from curb 10-4-8 3. Parked for selling merchandise from vehicle 10-4-3(B) 4. Parked within an intersection 10-4- 1(A)(3) 5. Parked on or within a crosswalk 10-4- 1(A)(4) 6. Parked within 20 feet of a crosswalk 10-4- 1(B)(3) 7. Parked within 30 feet of traffic control device 10-4- 1(B)(4) 8. Parked within 50 feet of railroad crossing 10-4- 1(C)(1) Page 29 of 33 SP10.Page 230 of 253 154-O-19 ~28~ 9. Parked within 20 feet of fire station driveway or within 75 feet of fire station entrance on opposite side of street 10-4- 1(B)(5) 10. Leaving vehicle unattended with motor running 10-4-9 11. On a sidewalk in such a way as to obstruct any portion thereof 10-4- 1(A)(2) 12. Parked on a parkway 10-4- 1(A)(11) 13. Parked in violation of "passenger vehicle parking only" for vehicles longer than 25 feet 10-4-5-3 14. Nonmotorized vehicle parked between 9:00 p.m. and 6:00 a.m. 10-4-3(D) (D.1) Fine of seventy-five dollars ($75.00) plus fifty dollars ($50.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: SCHEDULE XVII (D.1): PARKING VIOLATION PENALTIES 1. Parked in violation of street cleaning regulations 10-4-12 (E) Fine of Three hundred fifty dollars ($350.00), plus one hundred dollars ($100.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: SCHEDULE XVII (E): PARKING VIOLATION PENALTIES Parking in spaces reserved for the mobility limited pursuant to Section 10-4-11 (A) of this Title. (F) Fine of two hundred fifty dollars ($250.00), plus one hundred dollars ($100.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: SCHEDULE XVII (F): PARKING VIOLATION PENALTIES Parking in spaces reserved for the mobility limited pursuant to Section 10-4-11(B) of this Title. (G) Fine of sixty dollars ($60.00) plus twenty-five dollars ($25.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: SCHEDULE XVII (G): PARKING VIOLATION PENALTIES 1. Parking or operating a vehicle registered or required to be registered in the City 10- Page 30 of 33 SP10.Page 231 of 253 154-O-19 ~29~ without obtaining a valid Evanston vehicle license (the wheel tax sticker or "city sticker") 8-1 2. Parking or operating a vehicle registered or required to be registered in the City without displaying valid Evanston vehicle license (the wheel tax sticker or ("city sticker") 10- 8-4 (H) Fine of fifty-five dollars ($55.00) plus fifty-five dollars ($55.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: SCHEDULE XVII (H): PARKING VIOLATION PENALTIES 1. Parked in alley 10-4-5-1 2. Obstructing traffic 10-4-2 3. Double parking 10-4-1(A)1 (I) Fine of sixty dollars ($60.00) plus fifty-five dollars ($55.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: SCHEDULE XVII (I): PARKING VIOLATION PENALTIES 1. Parked within 15 feet of a fire hydrant 10-4-1(B)2 2. Parked in front of or within 8 feet of driveway (Posted) 10-4-1(B)1 3. Parked in or blocking an electric vehicle charging station 10-4-19 (J) Fine of fifty dollars ($50.00) plus forty-five dollars ($45.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: SCHEDULE XVII (J): PARKING VIOLATION PENALTIES 1. No parking permit in certain city lots 10-4-16-2(A) Lot Location 1 South Boulevard and Hinman Avenue 4 2101-2121 Central Street 8 811 Main Street 14 Lake Street and Sherman Avenue 15 716 Main Street 18 Clyde Avenue and Brummel Street Page 31 of 33 SP10.Page 232 of 253 154-O-19 ~30~ 20 1881 Oak Avenue 21 1028—1030 Central Street, Chandler Center 22 South Boulevard and Sheridan Road 23 Dempster Street and Elmwood Avenue 25 1614 Maple Avenue 27 1619 Oak Avenue 30 1501 Elmwood Avenue 31 925 Sherman Avenue 32 825 Hinman Avenue 35 Main Street and Judson Avenue 39 711—715 Hinman Avenue 42 743 Hinman Avenue 43 2603 Sheridan Road (garage area) 45 833 Forest Avenue 47 Lake Street and Maple Avenue 48 1315 Emerson Street 60 1232—1234 Chicago Avenue 64 Central Street at Ashland Avenue (K) Fine of forty dollars ($40.00) plus thirty-five dollars ($35.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: SCHEDULE XVII (K): PARKING VIOLATION PENALTIES 1. Parked in posted no parking zone 10-4-1(C)2 2. Parked longer than posted time limit 10-4-15-5 3. Parked longer than parking meter time limit 10-5-4(C) 4. No residential parking permit (including EVS district) 10-4-5-2(B) (L) Fine of eighty dollars ($80.00) within the following areas: SCHEDULE XVII (L): SATURDAY NON-PAYMENT OF SPECIAL EVENT PARKING FEES West of Eastwood Avenue and East McDaniel Avenue From the east side of Eastwood Avenue and the west side of McDaniel Avenue, all legal Parking that is not Page 32 of 33 SP10.Page 233 of 253 154-O-19 ~31~ already restricted South of Isabella Street All legal parking that is not already restricted North of Central Street and east of Green Bay Road All legal parking that is not already restricted North of McCormick Boulevard and west of Green Bay Road All legal parking that is not already restricted SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: This ordinance shall be in full force and effect on January 1, 2020. SECTION 8: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. Introduced: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 33 of 33 SP10.Page 234 of 253 Memorandum To: Honorable Mayor and Members of the City Council From: Kimberly Richardson, Deputy City Manager CC: Demitrous Cook, Chief of Police Subject: Ordinance 147-O-19, Administrative Tow Penalty Date: November 18, 2019 Recommended Action: Staff recommends City Council adoption of Ordinance 147 -O-19, an ordinance amending Title 10, Chapter 6 "To add an administrative penalty under certain circumstances involving a vehicle seizure and impoundment." Council Action: For Introduction Summary: The Police Department recommends the ability to add an administrative penalty for when a vehicle has been towed due to the arrest or detention of the owner/driver for violation of a criminal offense. For example, impoundment of a vehicle in a DUI arrest or when the vehicle has been used in the commission of a felony. The proposed penalty would be $250. This penalty is in addition to the tow charge and storage costs, in which the vehicle owner pays directly to the tow company. In 2018, there were 173 DWLS/DWLR arrests and 83 DUI arrests within the City. 60% of those arrests were not Evanston residents. It is estimated the $250 penalty would generate $50,000 annually for the City, assuming a 70 percent collection rate. The Police Department has the authority to adopt an ordinance to impose an administrative penalty through the Illinois Vehicle Code, statute 625 ILCS 5/11 -208.7. The statute also establishes procedures for the impoundment and release of vehicles. These provisions include a requirement that notice be sent to the owner/lessee of the vehicle at the time the vehicle is towed. The municipality must also provide notice of an administrative hearing to the owner, lessee, and any lienholder of record within 10 days after the vehicle is imp ounded. That hearing must be conducted no later than 45 days after the notice is mailed. Attachments: SP11.Page 235 of 253 147-O-19 Amending Title 10 Chapter 6 Tow and Impoundment of Vehicles MM Page 2 of 10 SP11.Page 236 of 253 10/30/2019 147-O-19 AN ORDINANCE Amending Title 10, Chapter 6 of the City Code to Add an Administrative Penalty Under Certain Circumstances Involving a Vehicle Seizure and Impoundment BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Title 10, Chapter 6, of the Evanston City Code of 2012, as amended, is hereby further amended to re-title the chapter as follows: CHAPTER 6 – ILLEGALLY PARKED OR ABANDONED VEHICLES TOWING AND IMPOUNDMENT OF VEHICLES SECTION 2: City Code subsection 10-6-1, “Definitions”, of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 10-6-1. – Definitions. ABANDONED VEHICLE. A vehicle parked or otherwise located on the public way; and (A) In such a state of disrepair that it is incapable of being driven; or (B) That has been unmoved for a period of seven (7) days; or (C) Has been left on the public way without valid State registration plates or a valid temporary State registration placard for two (2) or more days. ACCIDENT INVOLVED VEHICLES. A vehicle which is inoperable due to an accident and which is located so as to constitute an obstruction to the normal flow of traffic. DERELICT MOTOR VEHICLE. A vehicle which lacks wheels, motor, transmission, battery or any other component part such that it is inoperable and constitutes a hazard to the public. Page 3 of 10 SP11.Page 237 of 253 147-O-19 ~2~ HAZARDOUS VEHICLE. A vehicle on any public way which by its condition or location constitutes a clear and present danger to the safety of the public or an obstruction to the normal flow of traffic. This shall also include vehicles obstruction fire hydrants. HEARING OFFICER. A licensed attorney who meets the qualifications set forth in section 11-1-8 of this Code. LESSEE. A person operating a motor vehicle pursuant to a lease or any other written document vesting exclusive possession, use, control, and responsibility of the motor vehicle during the specified time period. LIENHOLDER OF RECORD. A person holding a security interest in a vehicle. NONMOTORIZED OBSTRUCTION VEHICLE. A vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle and located on a public way at a time or in such a manner as to be in violation of Section 10-4-3 of this Title. OWNER OF RECORD. The registered or legal owner or person who is otherwise entitled to possession of the motor vehicle. POLICE IMMOBILIZED VEHICLE (WHEEL LOCK). A vehicle located on a public way which has been rendered immobile by the Police Department. RESERVED RESIDENTIAL WHEELCHAIR BOUND SPACE OBSTRUCTION VEHICLE A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-11(B) of this Title. SNOW EMERGENCY OBSTRUCTION VEHICLE. A vehicle located on a public way in such a manner as to be in violation of Section 10- 4-13 of this Title. STREET CLEANING OBSTRUCTION VEHICLE. A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-1(C)2. of this Title. STREET OR SEWER MAINTENANCE OBSTRUCTION VEHICLE. A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-1(C)2. of this Title. TOW AWAY ZONE OBSTRUCTION VEHICLE. A vehicle located on a public way at a time or in such a manner as to be in violation of Page 4 of 10 SP11.Page 238 of 253 147-O-19 ~3~ Subsection 10-4-1(C)2. of this Title. TREE CUTTING OBSTRUCTION VEHICLE. A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-1(C)2. of this Title. VEHICLE PARKED ON PUBLIC AND/OR PRIVATE PROPERTY WITHOUT CONSENT. (A) A vehicle parked in a public parking lot or in a private parking lot without the consent of the lot owner, proprietor or agent of the property, which person has requested that, at the expense of the vehicle owner, the vehicle be towed; or (B) A vehicle located on private property when the property owner, proprietor or agent is unknown, and the vehicle owner cannot be determined or contacted. SECTION 3: Title 10, Chapter 6, of the Evanston City Code of 2012, as amended, is amended to add a new subsection with the following text: 10-6-15. – VECHICLE SEIZURE A. Police officers shall have the right to seize and impound a motor vehicle, operated, used, or in the physical control of any person with the permission, express or implied, of the owner of record, on any public street within the City that is used in the commission or furtherance of violation of the following offenses, including any subsequent amendments to such provisions: 1. Operation or use of a motor vehicle by a person against whom a warrant has been issued by a Circuit Court Clerk in Illinois for failing to answer charges that the driver violated section 6-101 (No Valid Driver’s License), 625 ILCS 5/6/101, 6-303 (Suspended or Revoked License), 625 ILCS 5/6- 303, or 11-501 (Driving Under the Influence), 625 ILCS 5/11-501, of the Illinois Vehicle Code; 2. Operation of a motor vehicle when registration is cancelled, suspended, or revoked in violation of section 3-702 (registration cancelled, suspended, or revoked), 625 ILCS ILCS 5/3-702 of the Illinois Vehicle Code or section 3- 708 (registration suspended for noninsurance), 625 ILCS 5/3-708, of the Illinois Vehicle Code, or when registration of a vehicle found upon a highway has been suspended, cancelled, or revoked in violation of section 11-1302(c)(4), 625 ILCS 5/11-1302(c)(4), of the Illinois Vehicle Code; Page 5 of 10 SP11.Page 239 of 253 147-O-19 ~4~ 3. Operation or use of a motor vehicle with an expired driver’s license or permit, in violation of section 6-101 (Drivers Must Have Licenses or Permits), 625 ILCS 5/6-101, of the Illinois Vehicle Code if the driver’s license or permit has been expired for more than one year; 4. Operation or use of a motor vehicle without ever having been issued a driver’s license or permit or operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age, in violation of 6-101 (Drivers Must Have Licenses or Permits), 625 ILCS 5/6-101, of the Illinois Vehicle Code; 5. Driving while a driver’s license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to section 6-303, 625 ILCS 5/6- 202, of the Illinois Vehicle Code except that vehicles shall not be subjected to seizure or impoundment if the suspension is for unpaid citations (parking or moving), failure to comply with emission testing, or failure to pay child support; 6. Operation of a motor vehicle while fleeing or attempting to elude a peace officer, in violation of section 11-204 (Fleeing A Peace Officer), 625 ILCS 5/11-204, of the Illinois Vehicle Code or section 11-204.1 (Aggravated fleeing a Peace Officer), 625 ILCS 5/11-204.1, of the Illinois Vehicle Code; 7. Operation or use of a motor vehicle resulting in the personal injury or death of a person in violation of section 11-401, 625 ILCS 5/11-401, of the Illinois Vehicle Code; 8. Operation or use of a motor vehicle resulting in damage to a vehicle which is driven or attended by any person in violation of section 11-402, 625 ILCS 5/11-402, of the Illinois Vehicle Code; 9. Operation or use of a motor vehicle resulting in the personal injury or death of a person or damage to a vehicle which is driven or attended by any person and failure to give information or render aid in violation of section 11-403, 625 ILCS 5/11-403, of the Illinois Vehicle Code; 10. Operation or use of a motor vehicle involved in an accident with any unattended vehicle or other property, resulting in damage, and failure to provide appropriate information in violation of section 11-404, 625 ILCS 5/11-404, of the Illinois Vehicle Code; 11. Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of section 11-501 (Driving Under the Influence), 625 ILCS 5/11- 501, of the Illinois Vehicle Code; Page 6 of 10 SP11.Page 240 of 253 147-O-19 ~5~ 12. Operation or use of a motor vehicle in a reckless manner in violation of section 11-503 (Reckless Driving), 625 ILCS 5/11-503, of the Illinois Vehicle Code; 13. Operation of a motor vehicle while street racing in violation of section 11- 506 (Street Racing), 625 ILCS 5/11-506, of the Illinois Vehicle Code; 14. Operation of an uninsured motor vehicle and the operator of the vehicle has a prior conviction for operation of an uninsured motor vehicle in the past twelve (12) months in violation of section 4-203(i), 625 ILCS 5/4- 203(i), of the Illinois Vehicle Code; 15. Operation or use of a motor vehicle in the commission of, or in the attempt to commit an offense in violation of sections 11-14 (Prostitution), 11-14.1 (Solicitation of Sexual Act), 11-14.3 (Promoting Prostitution), 11-14.4 (Promoting Juvenile Prostitution), 11-18 (Patronizing a Prostitute), 11-18.1 (Patronizing a Juvenile Prostitute), 11-26 (Traveling to Meet a Minor), 12-2 (Aggravated Assault), 12-3.05 (Aggravated Battery), 16-25 (Felony Retail Theft), 18-1 (Robbery/Aggravated Robbery), 18-2 (Armed Robbery), 18-3 (Vehicular Hijacking), 18-4 (Aggravated Vehicular Hijacking), 18-6 (Vehicular Invasion), 20-1 (Arson), 20-1.1 (Aggravated Arson), 20-2 (Possession of explosives or incendiary devices), 21-1 (Criminal Damage to Property), 21-1.01 (Criminal Damage to Government Supported Property), 21-1.2 (Institutional Vandalism), 21-1.3 (Criminal Defacement of Property), 24-1 (Unlawful Use of a Weapon), 24-1.1 (Unlawful Use or Possession of Weapons by Felons/People in the Custody of the Department of Corrections), 24-1.6 (Aggravated Unlawful Use of a Weapon), 24-1.7 (Armed Habitual Criminal), 24-1.8 (Unlawful Possession of a Firearm by a Street Gang Member), 24-1.2 (Aggravated Discharge of a Firearm), 24-1.2-5 (Aggravated Discharge of a Machine Gun or a Firearm Equipped with a Silencing Device), 24-1.5 (Reckless Discharge of a Firearm), 24-3.1 (Unlawful Possession of Firearms and/or Firearm Ammunition), 24-3.3 (Unlawful Sale or Delivery of Firearms on School Premises), 21-3 (Criminal Trespass to Real Property), or 21-5 (Criminal Trespass to State Supported Land) of the Illinois Criminal Code; 16. Operation or use of a motor vehicle in the commission of, or in the attempt to commit an offense in violation of the Illinois Cannabis Control Act, 720 ILCS 550/1 et seq., or the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.; 17. The use of a motor vehicle as part of the commission of a felony not otherwise expressly listed herein shall be subject to seizure and impoundment under this section; and Page 7 of 10 SP11.Page 241 of 253 147-O-19 ~6~ 18. Operation or use of a motor vehicle in the commission of, or in an attempt to commit any violation set forth in section 11-208.7 (Administrative Fees), 625 ILCS 5/11-208.7, of the Illinois Vehicle Code and/or any misdemeanor or felony offense in section 36-1 (Seizure), 720 ILCS 5/36-1 of the Illinois Criminal Code which may not be otherwise referenced herein or may be subsequently added via amendment. B. The owner of record of a vehicle that has been seized and impounded pursuant to this section shall be liable to the City for an administrative penalty of two hundred fifty dollars ($250.00) plus towing and storage fees. The administrative penalty of two hundred fifty dollars ($250.00) shall be paid to the City of Evanston. Towing and/or storage fees shall be collected by and paid to the person, firm, or entity that tows and stores the impounded vehicle. C. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle by a City-contracted towing company. When the vehicle is towed, the police officer shall notify, or make a reasonable attempt to notify, the owner of record, lessee, or person identifying himself or herself as the owner of record or lessee of the vehicle, or the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner of record’s or lessee’s right to request an administrative hearing to be conducted under this section. Said vehicle shall be impounded pending the completion of the hearing provided for in subsection D of this section, unless the owner of record or lessee of the vehicle posts with the City a cash bond in the amount of two hun dred fifty dollars ($250.00) plus towing and storage fees. D. Within ten (10) days after a vehicle is seized and impounded pursuant to this section, the City shall notify, by mailing a notice via first class mail or certified mail, return receipt requested, to the owner of record or lessee and any lienholder of record of the date, mailing of the written notice to address of th e owner of record, lessee and any lienholder of record, as contained in registration records of the Illinois Secretary of State. The administrative hearing shall be conducted no later than forty-five (45) days after the vehicle was seized pursuant to the applicable procedures set forth in Title 11 of this Code. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. At the conclusion of the hearing, the Hearing Officer shall issue a written decision either sustaining or overruling the seizure and impoundment of the vehicle. If, after the hearing, the Hearing Officer determines by a preponderance of evidence that the vehicle, operated with the permission, express or implied, of the owner, was used in the commission of any of the violations set forth in this section, the Hearing Officer shall enter an order requiring the vehicle to continue Page 8 of 10 SP11.Page 242 of 253 147-O-19 ~7~ to be impounded until the owner of record, lessee, or lienholder of record pays the administrative penalty of two hundred fifty dollars ($250.00) plus payment of towing and storage fees. If an administrative penalty is imposed pursuant to this section, such penalty shall constitute a debt due and owing to the City. If a cash bond was posted, the bond shall be forfeited to the City. If the Hearing Officer overturns the basis for the impoundment of the vehicle, he or she shall order the return of the vehicle and any cash bond that may have been posted. E. Unless the Hearing Officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all penalties and fines and towing and storage charges are paid. F. Pursuant to chapter 4, article II of the Illinois Vehicle Code, entitled “Abandoned, Lost, Stolen, or Unclaimed Vehicles, 625 ILCS 5/4 -201 et seq.,” which is adopted and incorporated herein, any motor vehicle that is not reclaimed within thirty-five (35) days after the entry of a final order following a hearing under this section shall be deemed abandoned and may be disposed of as an unclaimed vehicle as provided by law. G. This section shall not replace or otherwise abrogate any existing State or Federal laws or local ordinances pertaining to vehicle seizure and impoundment. H. The statutory provisions of the Illinois Administrative Review Act (“Review Act”), 735 ILCS 5/3-101 et seq., and section 11-208.7 of the Illinois Vehicle Code, 625 ILCS 5/11-208.7, are hereby adopted and incorporated into this section. The Review Act shall apply to the review of all final decisions issues by the Administrative Hearing Officer in administrative proceedings under this section. I. Unless stayed by a court of competent jurisdiction, any fine or penalty, imposed under this section which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Review Act may be enforced in the same manner as any judgment entered by a court of competent jurisdiction. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: The findings in this Ordinance, and the legislative Record, are declared to be prima facie evidence of the law of the City of Evanston, and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Page 9 of 10 SP11.Page 243 of 253 147-O-19 ~8~ SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, suc h invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 7: Ordinance 147-O-19 shall be in full force and effect after its passage and approval. Introduced: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 10 of 10 SP11.Page 244 of 253 Memorandum To: Honorable Mayor and Members of the City Council From: Brian Scott, Fire Chief Subject: Ordinance 150-O-19, Amending City Code Subsection 9-2-3 to Add Fire Department Emergency Incident Cost Recovery Fees Date: November 18, 2019 Recommended Action: Staff recommends City Council adoption of Ordinance 150 -O-19, Amending City Code Subsection 9-2-3 to Add Fire Department Emergency Incident Cost Recovery Fees. Council Action: For Introduction Summary: The fiscal demands to sustain various emergency and non-emergency services provided to the public continue to escalate and the City has limited opportunities for recovering costs associated with Fire Department services. Currently, fees are assessed for fire alarm permits, excessive fa lse fire alarms, hazardous materials mitigation, standby use of fire equipment and personnel as well as emergency ambulance transport in accordance with the Evanston City Code (9-10-8-1, 9-12-2 and 9-2-3 respectively). State of Illinois billing regulations permits fire agencies to recoup expenses for additional emergency services provided by fire departments, which allows municipalities the ability to recover some financial resources to help support service levels. These additional emergency services would include motor vehicle accidents, vehicle and structure fires and certain specialized rescues. Based upon this regulatory allowance, approximately 50 Chicago metro area fire agencies have expanded their emergency incident recovery fee structure to gain additional revenue to maintain services to their community. Given the tremendous resources necessary to ensure the Fire Department is prepared to manage a vast array of emergency situations, I believe consideration should be given to amend the Evanston City Code to allow for expanded emergency incident cost recovery for SP12.Page 245 of 253 the Evanston Fire Department. As with our current EMS billing practices, all fees would be invoiced directly to the affected parties' insurance carrier. Evanston residents and business owners would not receive any bill relative to these expanded recovery fees. The Department has explored options for implementing emergency incident cost recovery, and a third party vendor will be utilized that will take full responsibility for working with t he insurance company to recover appropriate expenses. The table below provides the recommended fee structure for these particular Evanston Fire Department emergency services: Fire Department Service Emergency Incident Recovery Fee Motor Vehicle Accident $520 Vehicle Fire $605 Structure Fire $500 Specialized Rescue $400 Legislative History: Subsection 9-2-3, of the Evanston City Code of 2012 Attachments: Ordinance 150-O-19 Fire Dept Cost Recovery Fees Page 2 of 6 SP12.Page 246 of 253 11/5/2019 150-O-19 AN ORDINANCE Amending City Code Subsection 9-2-3 to Add Emergency Incident Cost Recovery Fees BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Subsection 9-2-3, of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 9-2-3. – FEES CHARGED; USE OF EQUIPMENT. (A) The Fire Chief may charge a reasonable fee for all salvage and overhaul work performed and for standby use of fire equipment and personnel. Such fees shall not exceed actual costs plus ten percent (10%) and all fees collected shall be remitted to the City Collector. (B) Both nonresidents and residents of the City of Evanston who have been provided emergency ambulance transport service by the City shall be required to pay a fee to the City, for each incident. All persons requiring transport to a hospital by the Evanston Fire Department (or its designees) and related services hereafter defined, shall be charged, per person, as follows: BLS Transport $1,500.00 ALS Transport $1,500.00 ALS2 Transport $1,500.00 Mileage $10.00 BLS TRANSPORT:Transportation that requires basic life support service. ALS TRANSPORT:Transportation that requires advanced life support service ALS2 TRANSPORT:Transportation that requires more extensive/invasive advanced life support services. Page 3 of 6 SP12.Page 247 of 253 150-O-19 ~2~ MILEAGE:Charge per miles of transport in ambulance. VEHICLE OWNER The registered or legal owner or person who is otherwise entitled to possession of the motor vehicle. The City Manager way waive or reduce the fees charged in Section 9-2-3 if the individual demonstrates financial hardship. Waiver or reduction in fees shall not create a precedent and performed at his/her sole discretion. (C) Each property owner or vehicle owner that receives any of the following emergency services from the City shall be charged the corresponding recovery fee for such services: 1. Fire Department response to a motor vehicle accident shall be charged a fee of $520.00; 2. Fire Department response to a vehicle fire shall be charged $605.00; 3. Fire Department response to a structure fire shall be charged $500.00; or 4. Fire Department response to an incident requiring a special rescue, including but not limited to: industrial or vehicle extrication, above & below grade, confined space, structural and/or trench collapse incidents, shall be charged a fee of $400.00. (D) The City Manager or designee shall cause a bill to be issued and sent to the appropriate entity or person responsible for payment for said person having been transported by ambulance, having received emergency medical services, or Fire Department Response specified in this section. The City Manager is authorized to modify or change the fees that may be charged from time to time after consideration of certain factors. Such factors that may be considered by the City Manager include, but are not limited to, applicable Medicare rates, reimbursement rates, cost standards in the insurance or health care industry, and actual cost of services and supplies. The City Manager shall cause such schedule of fees made available to the public on the City’s website. The City Manager way waive or reduce the fees charged in Section 9-2-3 if the individual demonstrates financial hardship. Waiver or reduction in fees shall not create a precedent and shall be performed at his/her sole discretion. (E) The City Manager or designee is hereby authorized to accept payment from Medicare, Medicaid, any Federal health care program, insurers, or other third party payers for any fee charged under this section. The fees that are to be charged to persons shall differentiate between nonresidents and residents. Page 4 of 6 SP12.Page 248 of 253 150-O-19 ~3~ 1. In relation to residents, the City will charge and collect only those amounts that are covered by Federal health care programs, including but not limited to Medicare and Medicaid, insurers, or any other third party payers. Such bills will be sent directly to the third parties, with a statement to the resident indicating that the City will accept the payment by the third party as payment in full. Any and all payments made by the aforesaid third parties for residents, will be accepted by the City as paid in full and the resident will have no obligation to make any additional payment as a co-payment, deductible, or otherwise. 2. In relation to nonresidents, the nonresident shall be liable and responsible for full payment of the transportation and services provided. 3. All fees collected in conformance with this section shall be deposited in the general fund of the City. (F) The City Manager is hereby authorized to promulgate rules, regulations, and procedures for the implementation of this section. (C)(G)Nonemergency use of Fire and Life Safety Services Department personnel, vehicles, equipment or building shall not be permitted without written approval by the Fire Chief or his/her duly authorized representative. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: The findings in this Ordinance, and the legislative Record, are declared to be prima facie evidence of the law of the City of Evanston, and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Page 5 of 6 SP12.Page 249 of 253 150-O-19 ~4~ SECTION 5: Ordinance 150-O-19 shall be in full force and effect after its passage and approval. Introduced: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel Page 6 of 6 SP12.Page 250 of 253 Memorandum To: Honorable Mayor and Members of the City Council From: Hitesh Desai, Chief Financial Officer CC: Kate Lewis-Lakin, Budget Coordinator Subject: Ordinance 151-O-19, Amending the Amusement Tax from 4% to 5% Date: November 18, 2019 Recommended Action: Staff recommends City Council adoption of Ordinance 151 -O-19, amending the amusement tax to increase the rate assessed from 4% to 5% of the admission fee or charge, effective on January 1, 2020. Council Action: For Introduction Summary: The 2020-21 Proposed Budget was release on October 4, 2019. Included in the 2020 budget balancing worksheet was an increase to the City's amusement tax from 4% to 5%. This will generate an additional $75,000 in revenue annually in the City's General Fund. The amusement tax is imposed upon every amusement patron for the privilege of admission to amusement in the City. The tax does not apply to a performance through a governmental agency including school districts, religious organization, or non-profit organization. Attachments: Ordinance 151-O-19 Amusement Tax SP13.Page 251 of 253 10/30/2019 151-O-19 AN ORDINANCE Amending the Amusement Tax to Increas e the Rate Assessed from 4% to 5% of the Admission Fee or Charge NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Subsection 3-2-17-1 “Tax Imposed” for the Amusement Tax of the City Code of 2012 is amended to read as follows: 3-2-17-1. - TAX IMPOSED. A tax of four five percent (54%) on the admission fee or charge is imposed upon every amusement patron for the privilege of adm ission to any amusement in the City provided, however, that the amusement tax shall not apply to the following. (A) Governmental agencies; (B) Religious societies or organizations; (C) Live performances conducted or sponsored by not -for-profit institutions, organizations, groups or societies where no part of the net earnings inure to the benefit of any private shareholder or person. SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shal l be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 2 of 3 SP13.Page 252 of 253 151-O-19 ~2~ SECTION 4: This ordinance will be in full force and effect on January 1, 2020. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this or dinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup Corporation Counsel Page 3 of 3 SP13.Page 253 of 253