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1980-007ORDINANCE NO. 80 - I AN ORDINANCE TO ESTABLISH PROCEDURES AND FEES REGARDING APPLICATION FOR INDUSTRIAL AND COMMERCIAL REVENUE BONDS WHEREAS, the Village of Buffalo Grove has shown its intention to cooperate with eligible developers by Resolution #79-35 to issue industrial and commercial revenue bonds to finance projects within the corporate limits; and WHEREAS, it would be in the best interests of both the Village of Buffalo Grove and eligible developers to establish application procedures and fees in connection with requests for the Village of Buffalo Grove to issue industrial and commercial revenue bonds. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that to favorably consider issuing industrial and commercial revenue bonds to qualified developers, the following requirements and criteria are hereby established: SECTION 1. There is hereby added to the Municipal Code of the Village of Buffalo Grove to Title 3 a new Chapter 3.20 to read as follows: Chapter 3.20 Procedures and Fees Regarding A plications for Industrial and Commercial Revenue Bonds 3.20.010 Initiation of Application Applications for industrial and Commercial revenue bonds shall be made to the Village Manager. Any person, firm, or corporation may file an application, as hereinafter provided, requesting consideration of the issuance of these bonds. 3.20.020 Application The person, firm, or corporation requesting the issuance of commercial and industrial revenue bonds shall develop their application, accompanied by a non - refundable applicable fee as established from time to time by the corporate authorities of the Village of Buffalo Grove, and shall contain the following information: A. Name, address, and telephone number of the applicant. If application is to be developed on beha.lf of an applicant, the name, address and telephone number of that party along with a brief description of the relationship of such party to the applicant; B. Street address and legal description of the property where the proposed project will be located; C. Name and address of any and all legal and beneficial owners of she property where the project is to be located; D. If the applicant is not the owner of th-e property where the project is to be located, a statement indicating his interest, if any, the applicant has in the property where the project is to be located. If the applicant is a lessee or contract purchaser of said property, a copy of such lease or contract shall be filed along with the application; E. A description of the project for which industrial and commercial bond financing is requested. F. A resume of the applicant which shall include the following: 1. A description of each business in which the applicant is engaged; 2. A description of any and all projects in which the applicant has participated which were similar to the project for which industrial and commercial revenue bond financing is requested; 3. A statement indicating whether the applicant has ever been involved in a project financed by commercial and industrial revenue bonds and if so, a description of each such project and a statement indicating whether there has ever been a default in any such bonds; 4. A statement indicating whether applicant has been a party in any bankruptcy proceedings at any time in the 5 -year period preceding the date of the filing of the application and if so, a description of such precedings, including the caption of any lawsuits, and the outcome thereof; 5. A statement indicating whether applicant, within 3 years preceding the date of application, has been in default , or allegedly in default in the payment of any debt instruments on which the applicant is a signatory and if so, a description of such debt instrument and such default; 6. If applicant is a corporation, a statement indicating the dates and places of incorporation of such incorporation along with a statement that applicant is.either a corporation in good standing in Illinois or that applicant is a registered foreign corporation in Illinois and in good standing; 7. If applicant is registered or is required to be registered under the Illinois Assumed Name Act, the date applicant filed under the Act, the county within which applicant filed and the assumed name under which the applicant has filed; 8. A statement indicating the length of time applicant has been doing business and the length of time applicant has been engaged in projects of the type for which industrial and commercial revenue bond financing is requested. 9. If the applicant is a corporation, copies of any and all annual reports and prospectuses issued within 5 years preceding the date of application for commercial. and industrial revenue bonding; 10. Certified copies of audited financial statements of the applicant for 5 years preceding the date of the.filing of the application for commercial and industrial revenue bond financing; -2- 11. The most current Securities and Exchange Commiss %on 10 -K Report of the corporation if it is required under applicable laws to file; 12. A list setting forth the caption, if pending, and a brief description of any and all pending or threatened litigation against the applicant which could have an impact on the existance of the applicant or its business or the financial position of applicant. In this regard, applicant shall disclose any pending or threatened litigation which charges applicant or, if applicable, any of its officers or partners with misfeasance, misrepresentation, fraud, a violation of any criminal law, or anti -trust violations; and any cases in which judgment has.been.entered or requested against applicant in an amount in excess of $250,000 unless the disclosure of cases in which lesser or greater judgments have been entered or requested is required by the Village Manager. 13. Any other data which discloses relevant financial information such as the applicant's bond rating and the like. The Village Manager, upon the advice of staff and /or consultants, may require any additional information from applicant. G. A statement indicating the zoning classification of the property where the project is to be located along with a statement indicat- ing whether any amendments to the Zoning Ordinance of the Village of Buffalo Grove or special approvals such as variations or special permits will be required for the project. This statement should include a basic description of the use that the project will be put to; H. A site plan for the property where the project is to be located showing any existing structures and the proposed projects; I. A rendering of the project; J. A statement indicating the amount of funding requested for the project and a description of the purpose for which the funding will be used; K. A description of any proposed .financing arrangement for the project e.g. Village to own the project and lease to applicant; L. The name and address of the proposed purchaser of the commercial and industrial revenue bonds proposed to be issued, if known; M. A proposed Memorandum of Agreement; N. A statement of the public purpose to be served by the issuance of commercial and industrial revenue bonds for the project. 3.20.030 Procedure. The Village Manager shall review an application for commercial and industrial revenue bond financing within 15 business days of the date it is filed and shall notify the applicant in writing within 20 business days of the date said application is filed whether said application is complete. If it is not.complete, the Village Manager shall in said written notice advise the applicant of any additional information which is required. Within 90 days after the filing of a completed application with the Village Manager, the Village Manager shall forward said application to the Village Board of Trustees. Before the Village considers the issuance of commercial and industrial revenue bonds, the following reports will be required: A. A statement from the Village.Attorney that he has reviewed all documents pertinent to the application and bond issue. The Village Attorney shall state the amount of any fee he will charge for his services payable by the applicant and to be included as a part of the estimated cost of the bond issue. 199 B. A statement from the Village's Financial Consultant that, based on his study of the information supplied as part of this applica- tion and from other available sources, the applicant is a financially sound industry and, that in the event that this industry should be in financial difficulty, the Village would be protected from any financial obligation. The Consultant shall also state the amount of any fee he will charge for his services payable by the applicant and to be included as a part of the estimate of cost of the bond issue. C. A statement from the Village Planner that the project is in compliance with the Village's Comprehensive Plan and that the proposed project will be an asset to the Village. D. A statement from the Village's Director of Finance and General Services that suitable arrangements have been made for the payment of all fees due. E. Statements from any and all additional consultants or Village officials that may be necessary to properly culiminate the request for commercial and industrial revenue bond funding. Any additional fees due as part of these additional reviews shall be included as part of the estimate of cost of the bond issue. F. A statement from the Village Manager that he has reviewed all documents and recommends to the President and Board of Trustees that they authorize the issuance of the proposed funding. 3.20.040 Consideration by Village Board The President and Board of Trustees shall consider each application for industrial and commercial revenue bonds which is presented. Compliance with the procedures set forth herein shall not be construed as obligating the President and Board of Trustees to act upon the application favorably. The issuance of such bonds pursuant to this ordinance wholely is at the discretionary judgment of the President and Board of Trustees. The President and Board of Trustees reserve the right to have the applicant appear before them to explain the proposed development and answer any questions. 3.20.050 Costs In addition to the non - refundable application fee to be paid by the applicant at the time of the filing of the application for industrial and commercial revenue bond financing, applicant shall pay any and all costs, including, but not limited to, attorney's fees, fees of financial consultants., fees of any and all other consultants and any and all other costs of the Village in 'connection with. the review of the applicants' application, negotiations, preparation, and duplication of documents and any and all other work undertaken by the Village relating or pertaining to the applicants' application, including, but not limited to, any and all costs associated with the issuance of industrial and commercial revenue bonds. Applicants shall pay any and all such. costs within 10 days of receipt of an invoice therefore from the Village. 3.20.060 Fees In addition to payment of a non- refundable application fee and any and all costs,as provided hereinabove, applicant shall pay the Village a fee, as established from time to time by the corporate authorities, if commercial and industrial revenue bonds are issued for the project at the time such bonds are issued. Such fee shall be considered a project cost related to the financing of the project. 3.20.070 ValiditX of Bonds Failure on Village to comply with the requirements Buffalo Grove Municipal Code shall not and industrial revenue bonds issued. -4- the part of the applicant or the of this Chapter of the Village of effect the validity of any commercial SECTION 2: This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSENT: 0 - None PASSED: February 4 , 1980. APPROVED: February 4 � 1980. APPROVED: Village President ATTEST: Vi Clerk -5- E � L . r 4� �z � km ¢ 1 T 4 -- k ` ORDINANCE NO. 80 AN ORDINANCE TO ESTABLISH PROCEDURES AND FEES REGARDING APPLICATION FOR INDUSTRIAL AND COMMERCIAL REVENUE BONDS WHEREAS, the Village of Buffalo Grove has shown its intention to cooperate with eligible developers by Resolution #79-35 to issue industrial and commercial revenue bonds to finance projects within the corporate limits; and WHEREAS, it would be in the best interests of both the Village of Buffalo Grove and eligible developers to establish application procedures and fees in connection with requests for the Village of Buffalo Grove to issue industrial and commercial revenue bonds. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that to favorably consider issuing industrial and commercial revenue bonds to qualified developers, the following requirements and criteria are hereby established: SECTION 1. There is hereby added to the Municipal Code of the Village of Buffalo Grove to Title 3 a new Chapter 3.20 to read as follows: Chapter 3.20 Procedures and Fees Regarding Applications for Industrial and Commercial Revenue Bonds 3.20.010 Initiation of Application Applications for industrial and Commercial revenue bonds shall be made to the Village Manager. Any person, firm, or corporation may file an application, as hereinafter provided, requesting consideration of the issuance of these bonds. 3.20.020 Application The person, firm, or corporation requesting the issuance of commercial and industrial revenue bonds shall develop their application, accompanied by a non - refundable applicable fee as established from time to time by the corporate authorities of the Village of Buffalo Grove, and shall contain the following information: A. Name, ad- -ress, and telephone number of the applicant. If application is to be developed on behalf of an applicant, the name, address and telephone number of that party along with a brief description of the relationship of such party to the . applicant; B. Street address and legal description of the property where the proposed project will be located; C. Name and address of any and all legal and beneficial owners of the property where the project is to be located; D. If the applicant is not the owner of the property where the project is to be located, a statement indicating his interest, if any, the applicant has in the property where the project is to be located, if the applicant is a lessee or contract purchaser of said property, a copy of such lease or contract shall be filed along with the application; E. A description of the project for which industrial and commercial bond financing is requested. F. A resume of the applicant which shall include the following: I. A description of each business in which the applicant is engaged; 2. A description of any and all projects in which the applicant has participated which were similar to the project for which industrial and commercial revenue bond financing is requested; 3. A statement indicating whether the applicant has ever been involved in a project financed by commercial and industrial revenue bonds and if so, a description of each such project and a statement indicating whether there has ever been a default in any such bonds; 4. A statement indicating whether applicant has been a party in any bankruptcy proceedings at any time in the 5 -year period preceding the date of the filing of the application, and if so, a description of such precedings, including the caption of any lawsuits, and the outcome thereof; 5. A statement indicating whether applicant, within 3 years preceding the date of application, has been in default or allegedly in default in the payment of any debt instruments on which the applicant is a signatory and if so, a description of such debt instrument and such default; 6. If applicant is a corporation, a statement indicating the dates and places of incorporation of such incorporation along with a statement that applicant is either a corporation in good standing in Illinois or that applicant is a registered foreign corporation in Illinois and in good standing; 7. If applicant is registered or is required to be registered under the Illinois Assumed Name Act, the date applicant filed under the Act, the county within which applicant filed and the assumed name under which the applicant has filed; 8. A statement indicating the length of time applicant has been doing business and the length of time applicant has been engaged in projects of the type for which industrial and commercial revenue bond financing is requested. 9. If the applicant is a corporation, copies of any and all annual reports and prospectuses issued within 5 years preceding the date of application for commercial and industrial revenue bonding; 10. Certified copies of audited financial statements of the applicant for 5 years preceding the date of the filing of the application for commercial and industrial revenue bond financing; 11. The most current Securities and Exchange Commisslon 10-K Report of the corporation if it is required under applicable laws to file; 12. A list setting forth the caption, if pending, and a brief description of any and all pending or threatened litigation against the applicant which could have an impact on the existance of the applicant or its business or the financial position of applicant. In this regard, applicant shall disclose any pending or threatened litigation which charges applicant or, if applicable, any of its officers or partners with misfeasance, misrepresentation, fraud, a violation of any criminal law, or anti -trust violations; and any cases in which judgment has been entered or requested against applicant in an amount in excess of $250,000 unless the disclosure of cases in which lesser or greater judgments have been ,entered or requested is required by the Village Manager. 13. Any other data which discloses relevant financial information such as the applicant's bond rating and the like. The Village Manager, upon the advice of staff and /or consultants, may require any additional information from applicant., G. A statement indicating the zoning classification of the property where the project is to be located along with a statement indicat- ing whether any amendments to the Zoning Ordinance of the Village of Buffalo Grove or special approvals such as variations or special permits will be required for the project. This statement should include a basic description of the use that the project will be put to; H. A site plan for the property where the project is to be located showing any existing structures and the proposed projects; A rendering of the project; J. A statement indicating the amount of funding requested for the project and a description of the purpose for which the funding will be used; K. A description of any proposed financing arrangement for the project e.g. Village to own the project and lease to applicant; L. The name and address of the proposed purchaser of the commercial and industrial revenue bonds proposed to be issued, if known; M. A proposed Memorandum of Agreement; N. A statement of the public purpose to be served by the issuance of commercial and industrial revenue bonds for the project. 3.20:030 Procedure The Village Manager shall review an application for commercial and industrial revenue bond financing within 15 business days of the date it is filed and shall notify the applicant in writing within 20 business days of the date said application is filed whether said application is complete. if it is not complete, the Village Manager shall in said written notice advise the applicant of any additional information which is required. Within 90 days after the filing of a completed application with the Village Manager, the Village Manager shall forward said application to the Village Board of Trustees. Before the Village considers the issuance of commercial and industrial revenue bonds, the following reports will be required: A. A statement from the Village Attorney that he has reviewed all documents pertinent to the application and bond issue. The Village Attorney shall state the amount of any fee he will charge for his services payable by the applicant and to be included as a part of the estimated cost of the bond issue. v. r% 5f-dLCMU11L irUrn Lne viiiage•s rinancial consultant that, based on his study of the information supplied as part of this appiica- tion and from other available sources, the applicant is a financially sound industry and, that in the event that this industry should be in financial difficulty, the Village would be protected from any financial obligation. The Consultant shall also state the amount of any fee he will charge for his services payable by the applicant and to be included as a part of the estimate of cost of the bond issue. C. A statement from the Village Planner that the project is in compliance with the Village's Comprehensive Plan and that the proposed.project will be an asset to the Village. D. A statement from the Village's Director of'Finance and General Services that suitable arrangements have been made for the payment of all fees due. E. Statements from any and all additional consultants or Village officials that may be necessary to properly culiminate the request for commercial and industrial revenue bond funding. Any additional fees due as part of these additional reviews shall be included as part of the estimate of cost of the bond issue. F. A statement from the Village Manager that he has reviewed all documents and recommends to the President and Board of Trustees that they authorize the issuance of the proposed funding. 3.20.040 Consideration by Village Board The President and Board of Trustees shall consider each application for industrial and commercial revenue bonds which is presented. Compliance with the procedures set forth herein shall not be construed as obligating the President and Board of Trustees to act upon the application favorably. The issuance of such bonds pursuant to this ordinance wholely is at the discretionary judgment of the President and Board of Trustees. The President and Board of Trustees reserve the right to have the applicant appear before them to explain the proposed development and answer any questions. 3.20.050 Costs In addition to the non- refundable application fee to be paid by the applicant at the time of the filing of the application for industrial and commercial revenue bond financing, applicant shall pay any and all costs, including, but not limited to, attorney's fees, fees of financial consultants, fees of any and all other consultants and any and all other costs of the Village in connection with the review of the applicants' application,, negotiations, preparation, and duplication of. documents and any.and all other work undertaken by the Village relating or pertaining to the applicants' application, including, but not limited to, any and all costs associated with the issuance of industrial and commercial revenue bonds. Applicants shall pay any and all such costs within 10 days of receipt of an invoice therefe,e from the Village. - 3.20.060 Fees In addition to payment of a non- refundable application fee and any and all costs,as provided hereinabove, applicant shall pay the Village a fee, as established from time to time by the corporate authorities, if commercial and industrial revenue bonds are issued for the project at the time such bonds are issued. Such fee shall be considered a project cost related to the financing of the project. 3.20.070 Validity of Bonds Failure on the part of the applicant or the Village to comply with the requirements of this Chapter of the Village of Buffalo Grove Municipal Code shall not effect the validity of any commercial and industrial revenue bonds issued. z SECTION 2: This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSENT: 0 - None PASSED: February 4 1980. APPROVED: February 4 , 1980. APPROVED: 1 Village President ATTEST: (/ Vi 1 lags' Clerk