1996-48RESOLUTION NO. 96- 48
A RESOLUTION ESTABLISHING A LOCAL DRAINAGE IMPROVEMENT FINANCING
PROGRAM FOR THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Buffalo Grove is a Home Rule unit pursuant to the
Illinois Constitution of 1970; and
WHEREAS, the Village of Buffalo Grove Resolution No. 78 -12 set forth three
basic types of drainage improvements that the Village would participate in, and
WHEREAS, the Village is desirous of incorporating a fourth type of drainage
improvement that it will participate in, namely a Local Drainage Improvement
Financing Program, and
WHEREAS, the Village of Buffalo Grove has determined that certain drainage
deficiencies that may exist on private property that if improved will serve the
general public; and
WHEREAS, the Village of Buffalo Grove has determined that an overall public
purpose is served in assisting private property owners with public funds to
remediate identified public drainage problems; and
WHEREAS, in order to provide public funds, the Village hereby establishes
a program to assist private property owners with public fund financing in order
to carry out approved drainage improvement.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS the following:
Section 1. The foregoing Whereas clauses are hereby incorporated herein.
Village Resolution No. 78 -12 is hereby amended by adding thereto a fourth
type of drainage improvement that the Village will participate in, namely
local drainage improvements pursuant to this Resolution. Furthermore, a
Local Drainage Improvement Financing Program is hereby established as
identified in Exhibit "A" to this Resolution.
Section 2. The Village of Buffalo Grove reserves the right to amend any
aspect of the Program from time to time as it deems necessary.
Section 3. The Program as identified shall be in full force and effect
from and after the passage and approval of this Resolution.
AYES: 5 Marienthal, Reid, Braiman, Hendricks, Glover
NAYES: 0 - None
ABSENT: 1 - Rubin
PASSED: October 21 ,1996.
APPROVED: October 21 ,1996.
ATTEST:
Vill`eefe Cleark;: Village FrIe-side
EXHIBIT °A°
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VILLAGE OF BUFFALO GROVE
LOCAL DRAINAGE IMPROVEMENT FINANCING PROGRAM
The Village of Buffalo Grove has previously made a determination that the overall
public good is served in certain instances by assisting residential property
owners in improving identified drainage deficiencies that may exist on their
property. To that end, the Village hereby establishes a Local Drainage
Improvement Financing Program. This Program is established as follows:
1. The project to be improved will need to meet criterion established
by the Village Engineer as meeting an overall public objective. In
that regard, any proposed improvement must first be approved by the
Engineer in order to be eligible for financial assistance.
2. The Village will commit $50,000 to this Program with an approved
project eligible to receive up to $5,000. The minimum program to be
considered must be at least $1,000 as estimated by the Village
Engineer. Payments against any approved project will only be
authorized by the Village Engineer. Such authorization is based on
a review of work elements undertaken against the nature of the
approved project. Final amounts to be paid shall be based upon
receipt by the Village of project charges and appropriate waivers.
Payment shall be made payable to both the property owner and
contractor.
3. The Program will be revolving in nature with new funds provided as
outstanding balances are repaid. Programs will be considered on a
first - come - first - served basis but weighted with an evaluation of the
overall public /private purpose to be served by the improvement
proposed.
4. The term of the financing will be for 36 months. Payments will be
billed semi - annually for 1 /6th of the principal borrowed plus
interest accrued to date. The interest rate will be 5.00% and will
be accrued on the balance outstanding using a 30 -day month basis or
accrual. There will not be a penalty for early repayment.
5. The property owner benefitting from an improvement will be required
to execute both a Installment Note and Trust Deed which will be
prepared by the Village's Attorney and recorded in the county of
record. In addition, a Title Search shall be required. These
documents are intended to secure the Village's interest in the
financing granted and is the form of security the Village requires
in order to assure itself that until the final payments owing are
made that the amounts due will be received should there be a change
in ownership of the property benefitting from the improvement.
6. Upon evidence of final payment, the Village shall prepare a Release
Deed to clear title to the property which shall be recorded by the
property owner.
7. The cost to prepare and record any documentation, including the cost
for Proof of ownership, shall be the obligation of the property
owner. Failure to pay any amounts due shall prevent the completion
of the final Release Deed. All fees shall be those as established
from time -to -time by the Cook or Lake County Recorders of Deeds.
The fee(s) due the Village's Attorney shall be based on actual time
and effort incurred to prepare the necessary documents. The fee(s)
due for any Title Search shall be those as billed the Village, which
shall be documented.
The Village of Buffalo Grove reserves the right to amend this Program from time -
to -time including the termination of the Program.
a
a
RESOLtTTIM NO. TS - 12
A Resolution Adopting a Policy Concorning
municipal Participation in Drainage Improvements
WWREAS, the Board of Trustees of the Village of Nffalo Grows
desire to provide for equitable administration of policies concirninq
Village participation in drainage improvements, and, 3
WMREAS, the establishment of a clear policy statement will
facilitate equitable administration of such pol =cies,
NOW THEREFORE be it resolved by the President and Board of
Trustees of the Village of Buffalo Grove, Cook-and Lake Counties,
Illinois:
That a policy statement is hereby adopted as follows:
The Village of Buffalo Grove participates in three
basic types of drainage improvements.
The first type of drainage improvements are related
to initial subdivision developrect. village involvement
in this type of improvement is mandated by the Village
Subdivision Ordinance which requires conformance with
specific standards of drainage design and construction.
Village involvement in subdivision drainage improvements
,includes review of the drainage elements of subdivision
construction plans and specifications for conformance
with Village standards, general engineering practice
and applicable state or other government jutisdiction
requirements. As a prerequisite of subdivision plat and
plan approval by the Board of Trustees, a formal guarantee
of construction in accordance with approved plans and
specifications is required. The Village Department of
Engineering Services monitors construction to insure
proper construction. Upon completion of proper construction,
a one -year maintenance guarantee is *submitted to the Village
and the construction guarantee is released by ee Board of
Trustees. The Department of Public Works is responsible
for implementing the provisions of the maintenance guarantee
through the one -year warranty period. The correction of
any drainage problem which becomes evident previous to the
expiration date of the warranty: period is the responsibility
of the developer. The administration and enforcement of
the construction or maintenance guarantees are the respon-
sibility of the Village. problems which occur in. the storm
sewer system after the warranty period r
• tY Pe equirinq. maintenance
such as pipe failure repair or cleaning are the responsibility
of the Village. After the warranty period, problems which
result from changes in the condition of privately owned
properties such as landscaping modifications, lot settlement,
etc., are the responsibility of the private property owner.
The second type of drainage improvement which the Village
may become involved with is drainage related capital improve-
Monts which are performed in conjunction. with public which provide benefits to large poitions pf the.'Village,
These improvements would not normally provide large'benefits
to particular properties, but rather would provide . benefits
of a more regional nature, such as the construction: drainage
C _2 (e
improvements built in connection with major streets or
highways which restrict local property access for the
purpose of facilitating vehicle trips of a wile or more
from one area of the Village or region to another. This
type of improvement would normally be financed through
Village funds such as t2e General fund, Motor ruel Tax
fund, or special state or federal grants.
The third type of drainage improvement which the
Village may become involved in would be a project which
primarily benefits particular local property owners. In
this case,the Village Board of Local Laprovements would
initiate the improvement. This may done upon the
receipt of a petition by local property owners. In this
case, the procedures set out for local improvement projects
in the Illinois Revised Statutes, Chapter 24, would be
followed. This provides for the financing of the project
In two basic portions, the amount of which are eventually
determined in the courts.. Tie Village would pay for the
"public benefit portion* and the lccal property owners
would pay for the "private benefit portion" in proportion
to their own private benefit, all as determined by the
courts in accordance with state statutes.
6 - Rech, Bogart, Marlenthal.
AYES Kelster, Stone, NAYES 0 - None ABSENT 0 - None
Flendenhall
Passed this 1st day of Mar 1978
Approved this 1st day of May . 1978
(.
President
Village of Buffalo Grove
ATTEST
Village Clerk a