JOURNAL of the PROCEEDINGS ofthe CITY COUNCIL of the ...€¦ · at that time: Aldermen Roti, Rush,...

(Published by the Authority of the City Council of the City of Chicago)

COPY

JOURNAL of the PROCEEDINGS o f the

CITY COUNCIL of the

CITYof CHICAGO, ILLINOIS

Regular Meeting—Wednesday, August 7, 1985

at 10:00 A.M.

(Council Chamber—City HaU—Chicago, Illinois)

OFFICIAL RECORD.

HAROLD WASHINGTON Mayor

WALTER S. KOZUBOWSKI City Clerk

8/7/85 COMMUNICATIONS, ETC. 18785

Attendance at Meeting.

Present — Honorable Harold Washington, Mayor, and Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Marzullo, Nardulli, W. Davis, Smith, Hagopian, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Cullerton, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone.

Absent- Aldermen Kellam, D. Davis, Santiago.

Call to Order.

On Wednesday, August 7, 1985 at 11:10 A.M., (the hour appointed for the meeting was 10:00 A.M.) Honorable Harold Washington, Mayor, called the City Council to order. Daniel J. Burke, Deputy City Clerk, called the roll of members and it was found that there were present at that time: Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyeik, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Marzullo, Nardulli, W. Davis, Smith, Hagopian, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Cullerton, Laurino, O'Connor, Pucinski, NatJirus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 47.

Quorum present.

On motion of Alderman Roti, it was ordered noted in the Journal that Alderman Santiago was absent because he was out of town on business.

Invocation.

Reverend Gregory Ingram, Quinn Chapel A.M.E., opened the meeting with prayer.

TRIBUTE TO FIRE-FIGHTER RAYMOND SIDWELL.

Honorable Harold Washington, Mayor, on behalf of himself and all the members ofthe City Council, presented the following proposed resolution:

WHEREAS, Mr. Raymond Sidwell died on July 15, 1985; and

WHEREAS, Mr. Sidwell was a Fire-Fighter for the Fire Department of the City of Chicago and he died in the line of duty; and

18786 JOURNAL-CITY COUNCIL--CHICAGO 8/7/85

WHEREAS, His untimely death happened while Mr. Sidwell was acting as a leader while battling a blaze that engulfed three buildings on the northwest side ofthe City; and

WHEREAS, His actions as a leader reflected the courageous manner in which Mr. Sidwell approached his duties; and

WHEREAS, Mr. Sidwell also knew the importance of teamwork and was able to use both his leadership qualities and teamwork qualities equally well; and

WHEREAS, Mr. Sidwell always found time and energy to nurture and grow with his family both as a fine father figure and a good husband; now, therefore.

Be It Resolved, That the Mayor and the City Council assembled here on this 7th day of August, 1985 do hereby recognize the outstanding efforts of Mr. Raymond Sidwell and commend him for the service he extended to the Chicago Fire Department; and

Be It Further Resolved, That proper recognition will be expressed by this body toward the immediate family of Mr. Sidwell; his wife Patricia, his two daughters, Dawn Marie and Sherry Ann and his son Raymond John; and

Be It Further Resolved, That a suitable copy of this resolution be forwarded to the family of Mr. Raymond Sidwell.

Alderman Sheahan moved to Suspend the Rules Temporarily to permit immediate consideration ofand action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Alderman Sheahan, seconded by Alderman Hagopian, the foregoing proposed resolution was Adopted, unanimously, by a rising vote.

Honorable Harold Washington, Mayor, extended his personal condolences to the family members of Raymond Sidwell: his wife Patricia, his two daughters. Dawn Marie and Sherry Ann and his son, Raymond John.

TRIBUTE TO OFFICER WAYNE G. KING.


WHEREAS, Officer Wayne G. King died on Friday, July 12,1985; and

WHEREAS, Mr. King was a detective with the Chicago Police Department and was serving the City's Office of Municipal Investigations as a plainclothes officer, when he met his untimely death; and

WHEREAS, Mr. King was recognized by his friends and co-workers as a servant for justice and peace who would stop at nothing to see that law and order was upheld; and


WHEREAS, Mr. King was dedicated to excellence, serving in many capacities with the Chicago Police Department and the City ofChicago; and

WHEREAS, Officer King was honored by the Police Department with many commendations for his efforts and the department only offers these awards for services far above and beyond the call of duty - the kind of duty Officer King rendered consistently; now, therefore.

Be It Resolved, That the Mayor and the City Council assembled here on this 7th day of August, 1985, do hereby recognize the tireless efforts of Officer Wayne G. King and commend him for the m^any services he extended the Chicago Police Depeurtment; and

Be It Further Resolved, That proper recognition will be expressed by this body toward the immediate family of Mr. King, his wife Marie, his daughter Lori and his daughter Jenifer; and

Be It Further Resolved, That a suitable copy of this resolution be forwarded to the family of Mr. Wayne G. King.

Alderman Humes moved to Suspend the Rules Temporarily to permit immediate consideration ofand action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Alderman Humes, seconded by Aldermen Beavers, Stone, Evans and Sheahan, the foregoing proposed resolution was Adopted, unanimously, by a rising vote.

Honorable Harold Washington, Mayor, noted that Officer King was a personal friend. The Mayor then stated that he was certain he spoke for three million people in declaring that "we can not afford this kind of loss...." Declaring that we have to be more protective of those who serve and protect us, the Mayor also expressed his hope that citizens were cognizant of the fact that their police and fire personnel are exemplary people who, in protecting our lives, perform the kind of work most others would shy from.

CONGRATULATIONS EXTENDED CLEAR RIDGE ALL-STAR TEAM ON WINNING ILLINOIS STATE BABE RUTH

BASEBALL CHAMPIONSHIP.


WHEREAS, The Clear Ridge Baseball League in Chicago, is comprised of twenty-nine teams drawn from some three-hundred families of various ethnic backgrounds; and

WHEREAS, These families and their children live on the Southwest side of our great City in the twenty-third ward; and

18788 JOURNAL-CITY COUNCIL-CHICAGO 8/7/85

WHEREAS, Clear Ridge Baseball has been providing a baseball program for children for almost fifty years; and

WHEREAS, The Clear Ridge Baseball Twelve Year-old All-Star Team won the Illinois State Championship of Babe Ruth Baseball held in downstate Illinois; and

WHEREAS, The fifteen young men who won this title for their team and this City were:

Robert Krzeckowski Joey Bunch

Kevin Duddleston Steve Pfeiffer

Pat Kane Steve Sobun

Robby Brown Matt Taylor

Chris Gallichio Mike Chico

Jeff Gricus Brian Spalliero

Ken Morgan Matt Hall

Frank Ramaglia;

now, therefore.

Be It Resolved, That the Mayor and the City Council assembled here on this 7th day of August 1985, do hereby recognize the outstanding achievements of the Clear Ridge Baseball Twelve Year-old All-Star Team and commend them on their Illinois State Championship win; and

Be It Further Resolved, That a suitable copy of this resolution be forwarded to the coaching staff of this team as well as the players' parents.

Alderman Krystyniak moved to Suspend the Rules Temporarily to permit immediate consideration of and action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Alderman Krystyniak, seconded by Alderman Madrzyk, the' foregoing proposed resolution was Adopted, unanimously.

At this point in the proceedings. Mayor Harold Washington invited Coaches Jim Duddleston, Phil Pfeiffer, Bob Gricus and John Spalliero, and their players to the rostrum.

Coach Spalliero, on behalf of the team and the Clear Ridge Little League Baseball Association, thanked Mayor Washington and the Council. Stating that the team was proud to represent both Chicago and the State of Illinois, the coach then gave Mayor Washington a baseball autographed by team members and presented the Mayor and Alderman Krystyniak with Clear Ridge T-shirts.


Mayor Waishington thanked the team and commended them for a job well done.

CONGRATULATIONS EXTENDED KENNARD AND GLADYS HOLCOMB ON 50TH ANNIVERSARY OF GLADYS' RESTAURANT.


WHEREAS, The City of Chicago recognizes August 7, 1985 as the 50th anniversary of Gladys' Restaurant; and

WHEREAS, Gladys' Luncheonette owned and operated by Kennard and Gladys Holcomb started in Memphis, Tennessee; and

WHEREAS, The Holcombs moved to Chicago in 1945, opening what would become a Chicago institution on 37th and State Street; and

WHEREAS, The establishment moved to 45th and Indiema Avenue in 1955 and in 1966 opened the doors of its present home, 4527 South Indiana Avenue; and

WHEREAS, The name Gladys' Luncheonette is known throughout the world as having the greatest soul food in the world; and

WHEREAS, For half a century Gladys has served local citizens and is the first stop for visiting dignitaries, politicians, and entertainers of world wide prominence; now, therefore.

Be It Resolved, That the Mayor and the City Council assembled here on this 7th day of August, 1985 do hereby recognize the 50th anniversary of Gladys' Luncheonette and encourage all Chicagoans to indulge in the fine cuisine offered by this Chicago Institution; and

Be It Further Resolved, That a suitable copy of this resolution be forwarded to Kennard and Gladys Holcomb, the proprietors ofthe Luncheonette.

Alderman Tillman moved to Suspend the Rules Temporarily to permit immediate consideration ofand action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Alderman Tillman, seconded by Aldermen Rush, Smith, Humes, Oberman, Bloom, and Sawyer, the foregoing proposed resolution was Adopted, unanimously.

At this point in the proceedings. Mayor Harold Washington invited Kennard and Gladys Holcomb to the rostrum.

Praising the culinary delights long offered by Gladys', the Mayor noted that she has brought joy to all Chicagoans.


Ms. Gladys Holcomb then thanked the Mayor and aldermen for the recognition accorded her.

Rules Suspended - PRESIDENT AND CONGRESS MEMORIALIZED TO PURCHASE AND DEDICATE CIVIL WAR BATTLE

SITE AND TO RECOGNIZE ARMY OF THE JAMES MEDAL.

Alderman Orbach moved to Suspend the Rules Temporarily for the purpose of going out of the regular order of business, to consider a proposed resolution. The motion Prevailed.

The following is said proposed resolution:

WHEREAS, The Battle of New Market Heights, one of the most unique - and certainly one of the most decisive - battles of the American Civil War, took place in Virginia, September 29,1864; and

WHEREAS, The battle resulted from a surprise attack on General Lee's Confederate troops by a 3000-man, all-black military force from the First and Second Brigade of the Third Division XVIII Corps ofthe United States Colored Troops; and

WHEREAS, Under the command of the Union forces' second highest ranking commander. Major General Benjamin Franklin Butler, and with no artillery support, nine black regiments, so-called U. S. Colored Troops, charged in wave after wave with bayoneted but unloaded guns until, with numerous losses, they overtook the surprised troops of the South and weakened General Lee's forces so that the Confederate Army ultimately lost Richmond; and

WHEREAS, In recognition of the magnificent contribution of black troops to the Union victory in the Civil War, Maj. General Butler ordered from Tiffany's of New York a medal struck in silver, called "the Army of James Medal", and awarded this medal to black troops, most of whom had performed with uncanny bravery in the Battle of New Market Heights, Virginia; and

WHEREAS, This medal has never been officially recognized by the U. S. Government, and, furthermore, the site ofthe Battle of New Market Heights, long in dispute as to exact location, has been discovered recently through diligent research. This property is currently purchasable and is, indeed, in danger of being taken over in a plan for a new Expressway; and

WHEREAS, In these times of Black Awareness, when U. S. history books are finally being altered to show the truth of black contributions to American history, it would be fitting £md proper for the U. S. Government to purchase and dedicate the site of the Battle of New Market Heights, and to recognize the Army of the James Medal awarded to those heroic blacks who fought under the Union banner and thus gave tangible evidence that blacks fought for and earned their freedom in this country; now, therefore.


Be It Resolved, That we, the Mayor and members of the City Council of the City of Chicago, gathered here this 7th day of August, 1985, A. D., do hereby memorialize President Reagan, the United States Congress and the United States Department of the Interior to bring about the purchase and dedication of that Virginia land now known as the site ofthe Battle of New Market Heights, in honor and recognition ofthe great contribution of black regiments to the American Civil War as well as to their own and our subsequent freedom; and

Be It Further Resolved, That President Reagan and the U.S. Congress be urged to recognize the Army of the James Medal awarded heroric black troops by General Benjamin Franklin Butler, second in command of Union troops to General Ulysses S. Grant, in honor of their outstanding contributions to the Union victory; and

Be It Further Resolved, That a suitable copy of this resolution be presented to President Reagan and the United States Congress.

Alderman Orbach moved to Suspend the Rules Temporarily for the immediate consideration ofand action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Alderman Orbach, seconded by Aldermen Rush, Langford and Streeter, the foregoing proposed resolution was Adopted by a viva voce vote.

Stating that his efibrts were deeply appreciated, Mayor Washington invited to the rostrum Mr. Irwin "Pat" Rice, who dedicated ten years of his life to researching the medal and who located the exact battle site.

Mr. Rice then noted that the medal and battlefield were among the most important symbols in American history and requested that those assembled write the President to urge that the Medal be recognized and the New Market Heights battlefield be saved.

REGULAR ORDER OF BUSINESS RESUMED.

"CITY HALL SLUGGERS" ACCEPT CHALLENGE OF CITY HALL PRESS CORPS.


WHEREAS, We, the Mayor and members of the City Council hereafter known as the City Hall Sluggers ~ do hereby accept the challenge of the City Hall Press Corps to match wits, gloves, bats and balls on the softball diamond; and

WHEREAS, Given the current idleness of the Cubs and White Sox, there is no finer entertainment we can provide the good people ofChicago than some robust competition on the field of play between government and the press; and


WHEREAS, The bleacher bums who traditionally inhabit the center field bleachers at Wrigley Field would jump at the chance to root for their next-to- favorite home team, the City Hall Sluggers (of course, who else?); and

WHEREAS, Since the Mayor and members of the Council need a little competition in their lives to liven up the daily happenings at City Hall and pull us out of the summer doldrums; now, therefore,

Be It Resolved, That, I, Harold Washington, being not only Mayor, but City Hall champion slugger, on this day of Wednesday, August 7, 1985 take this rare opportunity to shout "Play Ball" to the reporters ofChicago, and may the best set of sluggers win.

Alderman Beavers moved to Suspend the Rules Temporarily to permit immediate consideration of cmd action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Alderman Beavers, seconded by Alderman Tillman, the foregoing proposed resolution was Adopted unanimously.

Rules Suspended - CONGRATULATIONS EXTENDED TO SISTER MARY B. BRESLIN, B.V.M., UPON HER ELECTION AS

EIGHTH PRESIDENT OF MUNDELEIN COLLEGE.

Alderman Orr moved to Siisperad the Rules Temporari/y for the purpose of going out of the regular order of business, to consider a proposed resolution. The motion Prevailed.

The following is said proposed resolution:

WHEREAS, Sister Mary B. Breslin, B.V.M., was elected to the position of President of Mundelein College, in Chicago, by the Board of Trustees on July 10, 1985; and

WHEREAS, Sister Breslin is the first alumna to serve as President ofthe college; and

WHEREAS, Sister Breslin served as Mundelein's Vice-president for Business Affairs and Treasurer since 1975; and

WHEREAS, Sister Breslin joined the college as Assistant Business Manager in 1964 and taught courses in finance and accounting; and

WHEREAS, Sister Breslin is a member of the Sisters of Charity of the Blessed Virgin Mary, (BVMs), who founded the college at 6363 N. Sheridan in 1930; and

WHEREAS, Sister Breslin graduated from Mundelein in 1958, earned her Master of Arts in Economics from Marquette University and her Doctorate in Jurisprudence from Loyola University; and

WHEREAS, Sister Breslin is a nationally recognized figure in higher education; and


WHEREAS, Sister Breslin currently serves as President of the Central Association of College and University Business Officers (CACUBO), serves on the Board of Directors of the National Association of College and University Business Officers and is a Consultant Evaluator and Commissioner-at-Large for the North Central Association; and

WHEREAS, Sister Breslin is serving as a Board Member of the Civitas Dei Foundation, the 24th District Police Advisory Board and the Rogers Pau"k Community Council, and is a member of the National Association of College and University Attorneys, the American Bar Association, the Illinois State Bar Association, and the Chicago Bar Association; and

WHEREAS, Sister Breslin is appreciated by the entire Mundelein community for her years of dedication and service to the college; and

WHEREAS, Sister Breslin is an exemplary leader and an outstanding role model for the women of Mundelein College; now, therefore.

Be It Resolved, That we, the Mayor and members of the City Council of the City of Chicago, gathered here this 7th day of August, 1985, do hereby congratulate Sister Mary B. Breslin, BVM, upon her election as eighth President of Mundelein College, in Chicago; and

Be It Further Resolved, That best wishes for continued success are extended to Sister Breslin and the entire Mundelein College Community; and

Be It Further Resolved, That suitable copies of this resolution be presented to Sister Breslin, Mundelein College and the BVM Community.

Aldermam Orr moved to Suspend the Rules Temporarily for the immediate consideration of and action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Alderman Orr, seconded by Alderman Volini, the foregoing proposed resolution was Adopted by a viva voce vote.

Refecting on his academic career, the Mayor noted a debating encounter with the Mundelein College team and his respect for that institution.

After being invited to the rostrum. Sister Breslin thanked the Mayor and members of the Council.

REGULAR ORDER OF BUSINESS RESUMED.

R E P O R T S A N D C O M M U N I C A T I O N S F R O M C I T Y OFF ICERS.


Placed on File-MAYOR'S APPOINTMENT OF MR. ODELL HICKS AS MEMBER OF RETIREMENT BOARD OF POLICEMEN'S

ANNUITY AND BENEFIT FUND.

Honorable Harold Washington, Mayor, submitted the following communication, which was Placed on File:

OFFICE OF THE MAYOR CITY OF CHICAGO

August 7,1985.

To the Honorable, The City Council ofthe City ofChicago:

LADIES AND GENTLEMEN - I have appointed Mr. Odell Hicks as a member of the Retirement Board of the Policemen's Annuity and Benefit Fund to succeed Mr. Charles Trautner, for the term ending December 1,1986.

I submit this communication for your information.

Very truly yours, (Signed) HAROLD WASHINGTON,

Mayor.

Placed on File-MAYOR'S APPOINTMENT OF MS. IRIS BLUSTAIN AND MS. MARY VOLPE AS MEMBERS OF COMMISSION

FOR HEALTH PLANNING.



August 7,1985.


LADIES AND GENTLEMEN - I have appointed Ms. Iris Blustain and Ms. Mary Volpe as members ofthe Commission for Health Planning, for terms expiring June 1,1987.



Mayor.


iZe/erred-MUNICIPAL CODE CHAPTER 46, SECTION 46-10 AMENDED CONCERNING INSURANCE REQUIREMENTS.

Honorable Harold Washington, Mayor, submitted the following communication, which was, together with the proposed ordinance trjuismitted therewith. Referred to the Committee on Buildings:

OFFICE OF THE xMAYOR CITY OF CHICAGO

August 7,1985.


LADIES AND GENTLEMEN - At the request of the Acting Commissioner of the Department of Inspectional Services, I transmit herewith an ordinance to amend Section 46-10 ofthe Municipal Code by raising certain insurance requirements.

Your favorable consideration of this ordinance will be appreciated.


Mayor.

Referred-APPROVAL FOR SALE OF PARCEL 13 IN COMMERCLAL DISTRICT PROJECT MADISON-RACINE

TO MID-CITY NATIONAL BANK.

Honorable Harold Washington, Mayor, submitted the following communication, which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on Housing and Neighborhood Development:


August 7,1985.


LADIES AND GENTLEMEN - At the request of the Commissioner of the Department of Economic Development, I transmit herewith an ordinance approving the sale of Parcel 13, Commercial District Project Madison-Racine, to Mid-City National Bank ofChicago.

Also enclosed are certified copies of a resolution adopted by the Commercial District Development Commission at a meeting on June 18, 1985, authorizing the ordinance referred to above.




Mayor.

Referred- APPROVAL FOR SALE OF PARCEL 4-B IN COMMERCIAL DISTRICT PROJECT MADISON-RACINE TO JAHN AND OLLIER

GRAPHIC COMMUNICATIONS DIVISION, TECHTRON GRAPHIC ARTS, INCORPORATED.



August 7,1985.


LADIES AND GENTLEMEN ~ At the request of the Commissioner of the Department of Economic Development, I transmit herewith an ordinance approving the sale of Parcel 4-B, Commercial District Project Madison-Racine, to Jahn and Oilier Graphic Communications Division, Techtron Graphic Arts, Incorporated.

Also enclosed are certified copies of a resolution adopted by the Commercial District Development Commission at a meeting on August 21, 1984, authorizing the ordinance referred to above.



Mayor.

Referred-APPROVAL FOR TRANSFER OF PARCEL 46-9 IN EXCHANGE FOR PARCEL 3 IN COMMERCLAL

DISTRICT PROJECT MADISON-RACINE.

Honorable Harold Washington, Mayor, submitted the following communication, which was, together with the proposed ordinance transmitted therewith, Referred to the Committee on Housing and Neighborhood Development:



August 7,1985.


LADIES AND GENTLEMEN - At the request of the Commissioner of the Department of Economic Development, I transmit herewith an ordinance approving the transfer of Parcel 46-9 in exchange for Parcel 3, Commercial District Project Madison-Racine, with the Department of Sewers, City ofChicago.

Also enclosed are certified copies of a Resolution adopted by the Commercial District Development Commission at a meeting on March 19, 1985, authorizing the Commissioner to request City Council approval ofthe ordinance referred to above.



Mayor.

Referred- APPROVAL FOR SALE OF PARCEL 6 IN COMMERCIAL DISTRICT DEVELOPMENT PROJECT

16TH-CANAL TO GENERAL PACKAGING PRODUCTS, INCORPORATED.

Honorable Harold Washington, Mayor, submitted the following communication, which was, together with the proposed ordinance transmitted therewith, Referred to the Committee on Housing and Neighborhood Development:


August 7,1985.


LADIES AND GENTLEMEN - At the request of the Commissioner of the Department of Economic Development, I transmit herewith an ordinance approving the sale of Parcel 6, Commercial District Development Project 16th- Canal, to General Packaging Products, Incorporated.

Also enclosed are certified copies of a Resolution adopted by the Commercial District Development Commission at a meeting on June 18, 1985, approving the above sale and a Disclosure of Ownership Interests submitted by the prospective purchaser.




Mayor.

Referred-AUTH0R12AT10N FOR EXECUTION OF LOAN AND SECURITY AGREEMENT WITH H AND H

ENTERPRISES. INCORPORATED.

Honorable Harold Washington, Mayor, submitted the following communication, which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on Finance:


August 7,1985.


LADIES AND GENTLEMEN - At the request of the Commissioner of the Department of Economic Development, I transmit herewith an ordinance authorizing the Commissioner to enter into and execute on behalf of the City ofChicago Loan and Security Agreements with H and H Enterprises, Incorporated in the amount of $100,000 for a Business Development loan, to expand business and job opportunities at 110 East 79th Street.



Mayor.

Referred-AUTHORIZATION FOR EXECUTION OF LOAN AND SECURITY AGREEMENT WITH REGGIO'S PIZZERIA

NO. 1, INCORPORATED.



August 7,1985.



LADIES AND GENTLEMEN - At the request of the Commissioner of the Department of Economic Development, I transmit herewith an ordinance authorizing the Commissioner to enter into and execute on behalf of the City of Chicago, a Loan and Security Agreement with Reggio's Pizzeria No. 1, Inc., in the amount of $107,000, to assist in its business expansion program.



Mayor.

Referred- AUTHORIZATION FOR EXECUTION OF LOAN AND SECURITY AGREEMENT WITH 53RD STREET

MR. G.. INCORPORATED.



August 7,1985.


LADIES AND GENTLEMEN - At the request of the Commissioner of the Department of Economic Development, I transmit herewith an ordinance authorizing the Commissioner to enter into and execute on behalf of the City of Chicago, a Loan and Security Agreement with 53rd Street Mr. G., Inc., by which the City will make a loan in the amount of $50,000, to 53rd Street Mr. G., Inc., for business expansion purposes.



Mayor.


Placed on File-MAYOR'S DESIGNATION OF MR. PETER BYNOE AS CHAIRMAN, MR. IRVIN MARKIN AS VICE-CHAIRxMAN AND

MR. THOMAS GRAY AS SECRETARY OF COMMISSION ON CHICAGO HISTORICAL AND ARCHITECTURAL LANDMARKS.



August 7,1985.


LADIES AND GENTLEMEN - I have designated Peter Bynoe as Chairman, Irvin Markin as Vice-Chairman and Thomas Gray as Secretary of the Commission on Chicago Historical and Architectural Landmarks.



Mayor.

Referred-MAYOR'S APPOINTMENT OF MR. RALEIGH MATHIS AS COMMISSIONER OF DEPARTMENT OF INSPECTIONAL

SERVICES.

Honorable Hairold Washington, Mayor, submitted the following communication, which was, at the request of two aldermen present (under the provisions of Council Rule 43) Referred to the Committee on Buildings:


August 7,1985.


LADIES AND GENTLEMEN ~ I appoint Raleigh Mathis as Commissioner of the Depeurtment of Inspectional Services and respectfully request your approval of this appointment.


Mayor.


Ue/errecf-MAYOR'S APPOINTMENT OF MITCHELL DAYAN AS MEMBER OF BELMONT-CExNTRAL PARKING COMMISSION.

Honorable Harold Washington, Mayor, submitted the following communication, which was, at the request of two aldermen present (under the provisions of Council Rule 43) Referred to the Committee on Finance:


August 7,1985.


LADIES AND GENTLEMEN - I have appointed Mitchell Dayan as a member of the Belmont-Central Parking Commission to replace Mr. George G. Rumentzas, for a term ending September 14,1987, and respectfully request yoiu- approval of this appointment.


Mayor.

Referred-MAYOR'S APPOINTMENT OF MS. JOYCE WADE AS MEMBER OF BOARD OF DEPARTMENT

OF URBAN RENEWAL.

Honorable Harold Washington, Mayor, submitted the following communication, which was, at the request of two aldermen present (under the provisions of Council Rule 43) Referred to the Committee on Housing and Neighborhood Development:


August 7,1985.


LADIES AND GENTLEMEN ~ I have appointed Ms. Joyce Wade as a member of the Board ofthe Department of Urban Renewal to replace Michael R. Eiben for a term ending January 1,1989.

Your favorable consideration of this appointment will be appreciated.


Mayor.

18802 JOURNAL-CriY COUNCIL-CHICAGO 8/7/85

fle/errecf-MAYOR'S APPOINTMENT OF MR. HARRY N. GOTTLIEB AS MEMBER OF BOARD OF DEPARTMENT OF

URBAN RENEWAL.



August 7,1985.


LADIES AND GENTLEMEN - I have appointed Mr. Harry N. Gottlieb as a member of the Bofird of the Department of Urban Renewal to replace James D. Green for a term ending January 1,1986.



Mayor.

Referred-MAYOR'S APPOINTMENT OF MR. ED WILLIAMS AS MEMBER OF BOARD OF DEPARTMENT OF

URBAN RENEWAL.



August 7,1985.

To tfie Honorable, The City Council ofthe City ofChicago:

LADIES AND GENTLEMEN ~ I have appointed Mr. Ed Williams as a member of the Board of the Department of Urban Renewal to replace Ira J. Bach for a term ending January 1,1988.




Mayor.

Referred- AUTHORIZATION FOR ACQUISITION AND RECONVEYANCE OF PROPERTY UNDER URBAN HOMESTEADING PROGRAM.



August 7,1985.


LADIES AND GENTLEMEN - At the request of the Commissioner of the Department of Housing, I transmit herewith an ordinance approving and authorizing the acquisition and reconveyance of property under the Urban Homesteading Program whereby the City will acquire said property from the Department of Housing and Urban Development and reconvey the same to Mary Ann Washington King for rehabilitation and residential purposes.


Very trulv yours, (Signed) HAROLD WASHINGTON,

Mayor.

Referred-MAP \Q-F OF CHICAGO ZONING ORDINANCE AMENDED BY CHANGING ALL R4 GENERAL RESIDENCE DISTRICT

SYMBOLS TO B4-2 RESTRICTED SERVICE DISTRICT IN EAST CENTRAL ENGLEWOOD URBAN RENEWAL

PROJECT.

Honorable Harold Washington, Mayor, submitted the following communication, which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on Zoning:


August?, 1985.


To the Honorable, The City Council of the City of Chicago:

LADIES AND GENTLEMEN ~ At the request of the Commissioner of the Department of Housing, acting as Chairman of the Department of Urban Renewal Board, I am transmitting herewith copies of an application for an amendment to the Chicago Zoning Ordinance for a B4-2 Restricted Service District in the East Central Englewood Urban Renewal Project.

Enactment of the ordinance by the City Council would greatly facilitate redevelopment ofthe project.



Mayor.

PlacedonFile-MAYOR'S APPOINTMENT OF MR. JAMES R. LOEWENBERG TO ADVISORY COMMITTEE FOR REVISING BUILDING CODE.



August 7,1985.


LADIES AND GENTLEMEN ~ I have appointed James R. Loewenberg to the Advisory Committee for Revising the Building Code to replace Joseph W. Casserly.



Mayor.

i?e/erred-REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM YEAR IX PHASE I TO YEAR

X PHASE II.


Honorable Harold Washington, Mayor, submitted the following communication, which was, together with the proposed resolution transmitted therewith. Referred to the Committee on Finance:


August 7,1985.


LADIES AND GENTLEMEN ~ At the request of the Budget Director, I transmit herewith a resolution to reprogram Community Development Block Grant funds in the amount of $45,950 from the Year IX Phase I budget of the Park Manor Business Area Improvement project to the Year X Phase II budget of that project.

Your favorable consideration of this resolution will be appreciated.


Mayor.

Referred-TECHNICAL CORRECTION OF MUNICIPAL CODE CHAPTER 67, SECTION 67-6.4.

Honorable Harold Washington, Mayor, submitted the following communication, which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on Buildings:


August 7,1985.


LADIES AND GENTLEMEN - At the request of the Acting Commissioner of the Department of Inspectional Services and upon the recommendation of the Mayor's Advisory Commission on Building Code Amendments, I transmit herewith an ordinance to amend Section 67-6.4 ofthe Municipal Code with respect to travel distance to fire exits and making certain other technical corrections.



Mayor.


Referred- CONDITIONAL APPROVAL OF 103 (b) (4) (A) MORTGAGE REVENUE BONDS FOR CONSTRUCTION

OF RESIDENTIAL HOUSING COMPLEX BY MLA 401 ONTARIO PARTNERSHIP.



August 7,1985.


LADIES AND GENTLEMEN ~ At the request of the First Deputy Commissioner of the Department of Housing, I transmit herewith an ordinance providing for the conditional approval of 103 (b) (4) (A) mortgage revenue bonds in an amount not to exceed $50,000,000 for the construction of a residential housing complex by MLA 401 Ontario Partnership, said project to be located on southeast corner of Ontario Street and McClurg Court.



Mayor.

Referred- AUTHORITATION FOR EXECUTION OF CONTRACT WITH EDGEWATER COMMUNITY COUNCIL FOR GRANT

OF YEAR X COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PRESERVATION AND

RENOVATION OF VIATORIAN MANSION.



August 7,1985.



LADIES AND GENTLEMEN - At the request of Acting Commissioner of the Department of Public Works, I transmit herewith an ordinance authorizing the execution of a contract with the Edgewater Community Council for a grant of $216,000 of Year X Community Development Block Grant funds for the preservation and renovation of the Viatorian Mansion at 6219 North Sheridan Road.


Mayor.

Referred- AUTHORIZATION TO EXECUTE LEASE AGREEMENT WITH CHICAGO PAN AMERICAN FESTIVAL.

Honorable Harold Washington, Mayor, submitted the following communication, which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on Leases:


August 7,1985.

To ttie Honorable, The City Council of tlie City ofChicago:

LADIES AND GENTLEMEN - At the request of the Director of the Office of Special Events, I transmit herewith an ordinance authorizing and directing the Director of the Office of Special Events, subject to the approval by the City Comptroller and review by the Corporation Counsel as to form and legality, to enter into an agreement between the City of Chicago and Chicago Pan American Festival, a joint venture, for the lease of Olive Park for a festival to be held on August 23, 24 and 25,1985.


Mayor.

Referred-ISSUANCE OF INDUSTRIAL REVENUE BOND FOR PROJECT BY GOODWILL INDUSTRIES.


18808 JOURNAL-CHY COUNCIL-CHICAGO 8/7/85


August 7,1985.


LADIES AND GENTLEMEN - At the request ofthe Commissioner of the Department of Economic Development, I transmit herewith an ordinance providing for the issuance of an industrial revenue bond in the amount of $700,000 for the financing of a project by Goodwill Industries of Chicago and Cook County, Illinois.



Mayor.

Placed on File-MAYOR'S APPOINTMENTS OF VARIOUS INDIVIDUALS TO ADVISORY COMMISSION ON

WOMEN'S AFFAIRS.



August 7,1985.


LADIES AND GENTLEMEN ~ I have appointed the following persons to the Advisory Commission on Women's Affairs for a term ending August 1,1987:

Marrice D. Coverson Sarah L. Craig Rikki D. Jones Sung OK Kim Marguerite K. Matyas Bobbie L. Steele Elsie Sy-Niebar Sandra G. Stein Enid Long Sharon Pitts Olga Lopez-Baez




Mayor.

Rules Suspended- AUTHORITY GRANTED FOR EXECUTION OF AGREEMENT FOR AMENDMENT, ASSIGNMENT AND

ASSUMPTION OF CONTRACT FOR SALE OF LAND AND REDEVELOPMENT OF PARCEL

C-22 IN HYDE PARK-KENWOOD CONSERVATION AREA.

Honorable Harold Washington, Mayor, submitted the following communication:


August 7,1985.


LADIES AND GENTLEMEN ~ At the request of the Acting Commissioner of the Department of Housing, I transmit herewith an ordinance approving and authorizing the execution of an Agreement for Amendment, Assignment and Assumption of a Contract for the sale of land and redevelopment for Parcel C-22 in the Hyde Park-Kenwood Conservation Area.



Mayor.

Alderman Evans moved to Suspend the Rules Temporarily for the immediate consideration ofand action upon the said proposed ordinance. The motion Prevailed.

Thereupon, on motion of Alderman Evans, the said proposed ordinance was Passed by yeas and nays as follows:

Yeas - Aldermen Roti, Rush, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Stemberk, Krystyniak, Marzullo, Nardulli, W. Davis, Smith, Hagopian, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Cullerton, Laurino, O'Cormor, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Volini, Orr, Stone ~ 43.

Nays ~ None.


Alderman Burke moved to reconsider the foregoing vote. The motion was lost.

The following is said ordinance as passed:

WHEREAS, The City ofChicago heretofore entered into a contract dated October, 1979, with the Hyde Park-Kenwood Development Corporation for the sale and redevelopment of Parcel C-22 in the Hyde Park-Kenwood Conservation Area; and

WHEREAS, Piirsuant to the above-mentioned contract, the City of Chicago conveyed Parcel C-22 which is located at 1500-1506 East 53rd Street to the Hyde Park-Kenwood Development Corporation for redevelopment with a commercial building; euid

WHEREAS, To date, the Hyde Park-Kenwood Development Corporation has failed to construct the improvements upon the property in accordance with the above contract; and

WHEREAS, The 1500 E. 53rd Street Limited Partnership has entered into a certain real estate sales contract with the Hyde Park-Kenwood Development Corporation for the purchase of Parcel C-22 subject to the approval ofthe City ofChicago; and

WHEREAS, Pursuant to such contract the 1500 E. 53rd Street Limited Partnership would assume all of Hyde Park-Kenwood Development Corporation's obligations under its redevelopment agreement with the City ofChicago; and

WHEREAS, 1500 E. 53rd Street Limited Partnership has submitted architectural plans and drawings to the City ofChicago for the construction of a one-story commercial building which conforms to the requirements of the Hyde Park-Kenwood Conservation Plan, as amended; and

WHEREAS, The Assignment Agreement provides that the City of Chicago shall retain a good faith deposit until the redevelopment project is completed; now, therefore.

Be It Ordained by the City Council ofthe City ofChicago:

SECTION 1. The assignment ofthe contract for the sale and redevelopment of Parcel C-22 in the Hyde Park-Kenwood Conservation Area dated October, 1979, between the City of Chicago and the Hyde Park-Kenwood Development Corporation to the 1500 E. 53rd Street Limited Partnership is hereby approved.

SECTION 2. Upon the approval of the Corporation Counsel as to form and legality the Mayor of the City of Chicago is authorized to execute, on behalf of the City of Chicago, an Agreement for Amendment, Assignment and Assumption of a contract for the sale of land redevelopment between and among the City of Chicago, the Hyde Park-Kenwood Development Corporation and the 1500 E. 53rd Street Limited Partnership; said Agreement shall be substantially in the following form:

Agreement made on or as of this day of June, 1985, by and among the City ofChicago, a public body corporate with offices at 121 North LaSalle Street, Chicago, Illinois (hereinafter called "City"); Hyde Park-Kenwood Development Corporation, of 5240 S. Harper Avenue, Chicago, Illinois, (hereinafter called Hyde Park-


Kenwood) and 1500 East 53rd Street Limited Partnership, c/o Landau and Hayman, 120 South LaSalle Street, Chicago, Illinois (hereinafter called "Developer").

Witnesseth:

A. Whereas, on or about October, 1979, City and Hyde Park-Kenwood entered into a certain contract for sale of land and redevelopment (hereinafter called "Redevelopment Contract") for property commonly known and described as 1500- 1506 East 53rd Street, Chicago, Illinois (hereinafter called the "Property"), the legal description to which is attached hereto and made a part hereof as Exhibit "A", which property is also known as parcel C-22 in the Hyde Park-Kenwood Conservation Area; and

B. Whereas, Developer, through its nominee LaSalle National Bank, not individually but as Trustee under Trust Agreement dated March 14, 1985, and known as Trust No. 109551, has entered into a certain real estate sale contract dated May 2, 1985, and Hyde Pau-k-Kenwood to acquire the Property (hereinafler called the "Real Estate Sale Contract") and assume all of Hyde Park-Kenwood's obligations under the Redevelopment Contract, subject, however to securing approval by City of such assignment and assumption and Developer's site plan, architectural drawings and specifications, and further subject to all ofthe parties approving certain other modifications to the Redevelopment Contract; and

C. Whereas, on May 7, 1985, the Department of Urban Renewal of the City of Chicago adopted a resolution approving the procedure and modifications set forth in this Agreement;

Now, Therefore, in consideration of the premises emd the mutual obligations of the Parties hereto, the Pcirties do hereby covenant and agreed as follows:

1. The recitals set forth above are hereby incorporated into this Agreement as though fully set forth herein.

2. The City hereby waives any defaults in the Redevelopment Contract arising prior to the date of this Agreement and agrees to and approves of the assignment by Hyde Park-Kenwood to Developer ofthe Redevelopment Contract and the coveyance ofthe Property by Hyde Park-Kenwood to Developer prior to completion of redevelopment of the Property subject to the requirements and modifications hereinafler set forth.

3. Developer will acquire the property jmd assume the obligations of the Redevelopment Contract on or before sixty (60) days from the date of complete execution of this Agreement, subject to the ability of Hyde Park-Kenwood to deliver good title to Developer in accordance with the provisions ofthe Real Estate Sale Contract.

4. The improvements to be constructed on the Property shall be in substantial conformity (including materials and facade) with the architectural drawing entitled "53rd and Harper Proposal" prepared by Stowell, Cook and Frolichstein, Inc., Architects, as Project No. 1595, dated March 18, 1985, Sheet No. SP-1, a copy of which is attached hereto and made a part hereof as Exhibit "B".


5. The City hereby acknowledges that upon the closing of the transaction contemplated by the Real Estate Sale Contract, the good faith deposit in the amount of $4,163.75 described in Section 3(a) of the Redevelopment Contract shall be assigned by Hyde Park-Kenwood to Developer. City hereby agrees to deliver said sum of $4,163.75 to Developer when Developer has completed the improvements on the Property in accordance with the Redevelopment Contract as amended by this Agreement.

6. Section 5 of the Redevelopment Contract is hereby eliminated and the following is substituted in its place:

"Section 5. Time for Commencement and Completion of Improvements.

The construction of the improvements referred to on the architectural drawing attached hereto as Exhibit "B" shall be commenced in any event within six months after the recording date of the Deed from Hyde Park- Kenwood to Developer (or its nominee) and, except as otherwise provided in the Redevelopment Contract, shall be completed within eighteen months after such date."

7. That wherever and whenever the Redevelopment Contract requires certain acts or performances to occur within a time period commencing with the date of said Redevelopment Contract, the coinmencement date for any such time periods shall instead be the date of this Agreement.

8. Section 8 ofthe Redevelopment Contract is hereby eliminated and the following is substituted in its place:

"Section 8. Certificate of Completion.

Promptly after completion ofthe construction ofthe Improvements in accordance with this Agreement, the Seller will furnish the Purchaser with an appropriate instrument so certifying. The certification by the Seller shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the covenants in the Agreement and the Deed with respect to the obligations of the Purchaser, and its successors and assigns to construct the improvements and the dates for the beginning and completion thereof. The certification shall be in such form as will enable it to be recorded. If the Seller shall refuse or fail to provide the certification, the Seller shall, within thirty (30) days after written request by the Purchaser, provide the Purchaser with a written statement indicating in adequate detail how the Purchaser has failed to complete the construction or rehabilitation ofthe Improvements in conformity with the Urban Renewal Plan or this Agreement and what measures or acts it will be necessary, in the opinion of the Seller, for the Purchaser to take or perform in order to obtain the certffication."


"Section 11. Prohibition Against Transfer of Property.


The Purchaser will not make or create, and, prior to the completion of the Improvements as certffied by the Seller, make or suffer to be made any sale, assignment, conveyance, or transfer in any other form of or with respect to this Agreement or the Property, or £my part thereof or any interest therein, or contract or agree to do jmy ofthe same, without the prior written approval of the Seller, except Pxirchaser may mortgage said premises as provided in Section 12. Provided, however, that the Purchaser may enter into lease or leases for the premises or part thereof which lease or leases shall come into effect upon completion ofthe redevelopment."


"Section 15. Remedies.

A. In General. Except as otherwise provided in this Agreement, in the event of any default in or breach of the Agreement, or any of its terms or conditions by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed to cure or remedy such default or breach immediately, or in any event not later than sixty (60) days aiter receipt of such notice. In case such action is not taken or diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including but not limited to, proceedings to compel specffic performance by the party in default or breach of its obligations.

B. Prior to Conveyance. In the event that prior to conveyance of the Property the Purchaser assigns or attempts to assign this Agreement or any rights hereunder or fails to pay the Purchase Price and take title to the Property upon tender or conveyance by the City, or defaults in the provisions of Section 6, then this Agreement and any rights of the Purchaser in this Agreement may, at the option of the City, be terminated by the City and the deposit retained by the City as liquidated damages. In the event that the City does not tender conveyance or possession ofthe Property as provided in this Agreement, then this Agreement, at the option ofthe Purchaser, shall be terminated.

C. Retention by City. Upon termination of this Agreement for any default or breach by the Purchaser after the sale, the deposit, including all interest payable thereon after such termination, shall be retained by the City. This provision shall not operate nor be interpreted in any way as a waiver or limitation on any other rights or remedies for said default or breach to which the City may be entitled by this Agreement, operation of law or otherwise.

D. Return to Purchaser. Upon termination of this Agreement for failure to deliver the Deed, the deposit shall be returned to the Purchaser by the City. If the Agreement shall not have been terminated, the City shall return the deposit to the Purchaser upon satisfactory completion ofthe Improvements.

E. Revesting Title in City Upon Happening of Event Subsequent to Conveyance to Purchaser. In the event that subsequent to conveyance of the Property or any part


thereof to the Purchaser and prior to completion ofthe Improvements as certffied by the City:

1. The Purchaser (or successor in interest) has not commenced construction of the Improvements within twelve (12) months from the date of conveyance or shall abandon or substantially suspend construction work for a period in excess of six (6) months thereafter; or

2. The Purchaser (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmens' or mechanics' lien, or any other unauthorized encumbrance or lien, to attach and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provisions satisfactory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City so to do; or

3. There is, in violation of the Agreement, any transfer of the Property or any part thereof, or any change in the ownership or distribution of the stock of the Purchaser, or with respect to the identity of the parties in control of the Purchaser or the degree thereof, and such violation shall not be cured within sixty (60) days after written demand by the City to the Purchaser;

then the City in accordance with the general provisions of Section 15A of this Agreement, as a method of remedying said default, shall have the right to reenter and take possession of the Property and to terminate (and revest in the City) the estate conveyed by the Deed to the Purchaser, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Purchaser shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by the Purchaser specffied in subdivisions (1), (2), and (3) of this Section 15E, failure on the part ofthe Purchaser to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivision; the City at its option may declare" a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Purchaser, and that such title and all rights and interest of the Purchaser, and any assigns or successors in interest to and in the Property, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City:

1. Shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, the lien of any mortgage authorized by the Agreement for the protection ofthe holders of such mortgages; and

2. Shall not apply to individual parts or parcels of the Property (or in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certfficate of completion is issued therefore as provided in Section 8 hereof.


In addition to, and without in any way limiting the City's right to re- entry as provided for in the preceding sentence, the City shall have the right to retain the Deposit, without any deduction, offset or recoupment whatsoever, in the event of a default, violation or failure of the Purchaser as specffied in the preceding sentence.

F. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in the City of title to the Property or any part thereof as provided in Section 15E the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof (subject to such mortgage liens and leasehold interests as in Section 15E set forth and provided) as soon and in such manner as the City shall find feasible and consistent with the objectives of such law and ofthe Conservation Plan to a qualffied and responsible party or parties (as determined by the City) who will assume the obligations of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specffied for such Property or part thereof in the Conservation Plan. Upon such resale of the Property, the proceeds thereof shall be applied:

1. First, to reimburse the City for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, an amount, if paid, equal to such taxes, assessments, or charges as determined by the City assessing official as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Purchaser, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Purchaser and its successor or transferee; and

2. Second, to reimburse the Purchaser, its successor or transferee, up to the amount equal to (a) the sum to the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, less (b) any gains or income withdrawn or made by it from the Agreement or the Property.

Any balance remaining after such reimbursements shall be retained by the City as its property.

G. Enforced Delay in Performance for Causes Beyond Control of Party. For the purposes of any of the provisions of the Agreement, neither the City nor the Purchaser, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to the preparation of the Property for redevelopment, or the beginning and completion of construction of the improvements, or


progress in respect thereto, in the event of enforced delay in the performance of such obligations due to unforeseeable causes beyond its control £ind without its fault or negligence, including but not restricted to delays or halts in construction which are compelled by court order, acts of God, acts of the public enemy, acts of the Federal Government, acts of the other party, fires, floods, epidemics, quarantine restrictions,

- strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations ofthe City vrith respect to the preparation ofthe Property for redevelopment or ofthe Pxirchaserwith respect to construction ofthe improvements, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, that the party seeking the benefit ofthe provisions of this Section shall, within twenty (20) days after the beginning of any such enforced delay, have first notffied the other peu'ty thereof in writing, and of the cause or causes thereof, and requested an extension for the period ofthe enforced delay.

H. No Waiver by Delay. Any delay by the City in instituting or prosecuting any actions or proceedings or otherwise asserting its rights shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specffic default by the Piirchaser under this Section be considered to be treated as a waiver ofthe rights ofthe City with respect to any other defaults by the Purchaser under this Section or with respect to the particular default except to the extent specffically waived in writing."


"Section 19. Special Provisions.

Equal Employment Opportvmity. The Purchaser, for itself and its successors and assigns, agree that diuring the construction of the improvements provided for in the Agreement:

A. The Purchaser will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The purchaser will take affirmative action to ensure that applicants are employed and employees are treated during emplojrment without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Purchaser agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause.

B. To the greatest extent feasible, the Pxirchaser is reqxiired to present opportunities for training and employment that are to be given to lower income residents of the


project area, hereby defined as the City of Chicago; and that contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area ofthe project.

C. In order to promote equality of opportimity for minority and female personnel on this project, the following percentage goals of construction aggregated work hours in each of the categories of construction journeymen, women and apprentices shall apply:

a. At least 25% by minorities.

b. At least 7% by women.

D. All construction workers covered by this Agreement shall mean skilled construction workers which include all worksite (working) foremen, journeymen, apprentices, trainees, and helpers where applicable.

E. Salaried superintendents are excluded from the coverage of this special provision, as well as clerical workers and security guards. The Purchaser, in order to demonstrate compliemce with the terms of this Agreement, will cooperate with the City of Chicago, Department of Housing, which has the responsibility to observe and report compliance with equal opportunity regulations of federal, state and municipal agencies.

F. The Purchaser will, in all solicitations or advertisements for employees placed by or on behalf of the Purchaser, state that all qualffied applicants will receive awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project.

C. In order to promote equality of opportunity for minority and female personnel on this project, the following percentage goals of construction aggregated work hours in each ofthe categories of construction journeymen and apprentices shall apply:

a. At least 25% by minorities.

b. At least 7% by women.

D. All construction workers covered by this Agreement shall mean skilled construction workers which include all worksite (working) foremen, journeymen, apprentices, trainees, and helpers where applicable.

E. Salaried superintendents are excluded from the coverage of this special provision, as well as clerical workers and security guards. The Purchaser, in order to demonstrate compliance with the terms of this Agreement, will cooperate with the City of Chicago, Department of Housing, which has the responsibility to observe and report compliance with equal opportunity regulations of federal, state and municipal agencies,

F. The Purchaser will, in all solicitations or advertisements for employees placed by


or on behalf of the Purchaser, state that all qualffied applicants will receive consideration for employment without regard to race, religion, color, sex or nationalorigin.

G. The Purchaser will include the provisions of paragrapihs (A), (B), (C), (D), (E), and (F) in every contract, and will require the inclusion of these provisions in every sub-contract entered into by any of its contractors, so that such provision will be binding upon each such contractor or sub- contractor, as the case may be. Failure to comply with these provisions will be a basis to institute remedies under the provisions of Section 15, except Paragraph E thereof, of this Agreement."

12. The parties agree that as modffied by this Agreement, the Redevelopment Contract is hereby ratffied and deemed in full force and effect without default on the part of any party hereto as ofthe date of execution of this Agreement.

13. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument.

In Witness Whereof, the Parties have executed or caused this Agreement to be executed and sealed as ofthe date first above written.

[Signature forms omitted for printing purposes. ]

Exhibit A.

Legal Description of Property.

All that certain parcel or parcels of land located in the City of Chicago, County of Cook, State oflllinois: more particularly described as follows:

Lots 7, 8 and 9 in Block 2 in Waite's Subdivision of Lots 4 to 15, inclusive, in Block 20 of the Original Plat of Hyde Park, being a Subdivision of the East Half of the Southeast Quarter and the East Half of the Northeast Quarter of Section 11, Township 38 North, Range 14 East of the Third Principal Meridian in Cook County, Illinois.

SECTION 3. This ordinance shall take effect immediately upon its passage.

City Council Informed As To Miscellaneous Documents Filed In City Clerk's Office.

Honorable Walter S. Kozubowski, City Clerk, informed the City Council that documents have been filed in his office relating to the respective subjects designated as follows:

Placed on File-MAYORAL VETO OF LEGISLATION INSTRUCTING CITY CABLE ADMINISTRATOR AND CHAIRMAN OF CITY COUNCIL

COMMITTEE ON CABLE TELEVISION TO CONVENE MUNICIPAL UTILIZATION STUDY PANEL.




August 6,1985.

To the Honorable, The City Council of tfie City ofChicago:

LADIES AND GENTLEMEN - I return herewith, without my approval, an ordinance adopted by the City Council on July 9, 1985, relating to Cable Television. Although this ordinance is entitled a "Resolution," it is clear that this matter must be an ordinance or be of no legal effect. It attempts to amend certain Franchise agreements and to amend Chapter 113.1 ofthe Municipal Code relating to Cable Communications by limiting the power ofthe Mayor to define the role ofthe Cable Administrator with respect to use of local government access channels. An ordinance carmot be amended by resolution. As a consequence, this action taken by the Council must be treated as an ordinance, regardless of its title, tf it is to have any effect whatsoever.

This piece of legislation purports to do three things. First, it requires that the Cable Administrator and the Chairman of the City Council Committee on Cable Telvision convene a "Municipal Utilization Study Panel" to draft an ordinance detailing the City's proposed use of Cable systems. Second, it requires that the composition of the proposed study panel be agreed upon by the Cable Administrator and the Chairman of the Committee on Cable Television. Third, it amends the ordinances embodying the Cable Franchise agreements and the Municipal Code by prohibiting the City from exercising its rights to the use of Municipal Utilization Channels without the prior approval of the City Council by ordinance.

Section 113.1-26 ofthe Cable Communication ordinance requires that Grantees under franchise agreements provide a minimum of two local government access channels for the use of local government authorities free of charge. Section H of the Cable Franchise Agreements provides that the "City shall administer" the local government access channels. Section 113.1-42 of the Mvmicipal Code provides that the "Duties of the Cable Administrator shall be as directed by the Mayor and shall include, but not be limited to . . . performing such regulatory and monitoring functions as the Commission may direct." In accordance with this legislative grant of authority, I have already directed the Cable Administrator to develop and implement policy on the utilization of local government access channels.

There is no reason why use of government access channels should await council approval. The citizens ofthe City ofChicago have a right to know how their government is operating. My position has always been and continues to be in favor of greater government disclosure and access by citizens to the governing process. This action by the council majority would make access to the governing process by Chicago citizens more difficult by effectively preventing any utilization of local government access channels that meets with the disapproval ofthe council majority. This position does not and cannot have my support.


Consequently, I must withhold my approval of this ordinance which seeks to give the council majority veto power over what governmental affairs Chicago citizens may see on Cable Television.


Mayor.

Placed on F i l e -OATHS OF OFFICE.

Also, oaths of office for the following individuals as members ofthe Board of Health:

James Adams Stanley Balzekas, Jr .

Carmen Mendoza Andrea O'Malley Munoz

Mary Nelson Dr. Hemaui Reyes

Dr. Robert Stepto Delia Wozniak;

filedonJuly26,1985.

Placed on FiZe - ACCEPTANCES AND BONDS UNDER ORDINANCES.

Also, acceptances and bonds under ordinances as follows:

Acme Barrel Company: Acceptance and bond under an ordinance passed on March 20, 1985 (manhole); filed on July 19,1985;

Grant-California CoiTwration: Acceptance under an ordinance passed on May 15, 1985 (switch track); filed on July 12,1985;

Montgomery Ward and Company: Acceptance and bond under an ordinance passed on March 20,1985 (pedestrian tunnel); filed on July 18,1985;

Sears, Roebuck and Company: Acceptance under an ordinance passed on May 15, 1985 (pedestrian bridge); filed on July 22,1985;

University ofChicago: Acceptance under an ordinance passed on May 15, 1985 (steam service pipes); filed on July 17,1985.

Placed on File - STATEMENT OF RESULTS OF CANVASS OF RETURNS REGARDING PROPOSITION ELECTIONS

IN CERTAIN PRECINCTS.


Also, a statement of the Canvassing Board, showing the results on the canvass of the returns ofthe proposition elections held on November 6,1984, as follows:

Alcoholic Liquor Proposition Total Vote

YES NO

"Shall the prohibition of the sale at retail of alcoholic 951 19 liquor be continued in this 21st Precinct ofthe 6 th Ward ofthe City ofChicago, County of Cook, Illinois?"

"Shall the sale at retail of alcoholic liquor be 136 174 prohibited in this 83rd Precinct ofthe 6th Ward ofthe City ofChicago?" (As said precinct existed as ofthe last General Election)

"Shall the sale at retail of alcoholic liquor 186 58 be prohibited in this 23rd Precinct of the 8th Ward ofthe City ofChicago?"

"Shall the sale at retail of alcoholic liquor be 210 82 prohibited in this 16th Precinct ofthe 21st Ward ofthe City ofChicago?" (As sjiid precinct existed as ofthe last General Election)

"Shall the sale at retail ofalcoholic liquor be 249 88 prohibited in this 17th Precinct ofthe 2 Ist Ward ofthe City ofChicago?" (As such precinct existed as of the last General Election)

"Shall the sale at retail ofalcoholic liquor be 235 84 prohibited in this 29th Precinct of the 21st Ward of the City of Chicago?" (As such precinct existed as of the last General Election)

"Shall the sale at retail ofalcoholic liquor be 153 153 prohibited in this 56th Precinct ofthe 21st Ward ofthe City ofChicago?" (As such precinct existed as ofthe last General Election)

"Shall the sale at retail of alcoholic liquor be 220 99 prohibited in this 11th Precinct ofthe 29th Ward ofthe City ofChicago?"


Alcoholic Liquor Proposition Total Vote

YES NO

"Shall the sale at retail ofalcoholic liquor be 232 64 prohibited in this 18th Precinct of the 29th Ward ofthe City ofChicago?"

"Shall the sale at retail ofalcoholic liquor or 131 80 alcholic liquor other than beer containing not more than 4% of alcohol by weight or alcoholic liquor containing more than 4% of alcohol by weight except in the original package and not for consumption on the premises be prohibited in this 34th Ward, 37th Precinct?"

"Shall the sale at retail ofalcoholic liquor be 157 80 prohibited in this 4th Precinct ofthe 37th Ward ofthe City ofChicago?"

"Shall the sale at retail ofalcoholic liquor be 260 151. prohibited in this 11th Precinct ofthe 46th Ward ofthe City ofChicago?"

"Shall the sale at retail ofalcoholic liquor be 239 238 prohibited in this 41st Precinct ofthe 46th Ward ofthe City ofChicago?"

"Shall the sale at retail ofalcoholic liquor be 153 62 prohibited in this 32nd Precinct ofthe 48th Ward ofthe City ofChicago?"

Placed on Fi le-STATE APPROVAL OF ORDINANCES CONCERNING MOTOR FUEL TAX FUND

PROJECTS.

Also, communications from Sigmund C. Ziejewski, District Engineer, under date of July 8, 1985, announcing that the Department of Transportation ofthe State oflllinois has approved receipt of ordinances passed by the City Council on the dates noted (involving expenditures of Motor Fuel Tax Fimds) as follows:

April 25,1985.

Execution of City/State Agreement concerning 1985 Intermittent Resurfacing Program;


Funds authorized for Repairs to Pavements in Improved Streets, County or State Highways during Year 1985;

Funds authorized for Repairs to Curbs and Gutters in Improved Streets, County and State Highways during 1985 (Section Curb and Gutter);

Funds authorized for Street Cleaning Maintenance of Improved Streets, County or State Highways during Year 1985;

Funds authorized to maintain Traffic Signals of Improved Streets, County and State Highways during 1985;

Funds authorized for Snow and Ice Control Maintenance of Improved Streets, County and State Highways during 1985;

Funds authorized to maintain Street Lighting on Non-Arterial Streets, County and State Highways during 1985;

Funds authorized to maintain Street Lighting on Arterial Streets, County and State Highways during 1985;

Funds amended for New Street Construction, 78-05031-OOPV;

Funds authorized for New Street Construction 1982-3, 82-05044-00-PV;


Funds amended for New Street Construction, 79-05036-OOPV;



Funds authorized for Bridge Maintenance and Repair Program during 1985;

Funds authorized for New Alley Construction 1985-2, U-5025;










Authority granted for expenditure of funds for Street Light Energy Costs of Improved Streets, County and State Highways during 1985;


Funds authorized for Maintenance and Repair of Sidewalks (Sidewalk Repair 1985).

Placed on Fife-REPORTS AND DOCUMENTS OF COMMONWEALTH EDISON COMPANY.

Also, the following communication from Richard J. Martin, Assistant Secretary, Commonwealth Edison Company, addressed to the City Clerk under date of August 1, 1985, which reads as follows:

"Pursuant to the provision ofthe 1948 Franchise Ordinance granted to this Company, I am enclosing copies of reports of the Company as listed below:

Fuel Adjustment Charges under Federal Energy Regulatory Commission relating to the Rider No. 20, Fuel Adjustment, for the months July (amended) and August, 1985.

Statement for bills issued in August, 1985 to Illinois Commerce Commission relating to Standard Contract Rider No. 20.

Monthly statement of operating revenue and income to Federal Energy Regulatory Commission (F.E.R.C. Form No. ELA-826), for the month of June, 1985.

Quarterly Report to Stockholders dated August 1, 1985, as filed with the Securities and Exchange Commission."

Placed on F i l e -CITY COMPTROLLER'S QUARTERLY REPORTS FOR PERIOD ENDING JUNE 30,1985.

Also, the following document received in the City Clerk's Office from Walter K. Knorr, City Comptroller, which was Placed on File:

City of Chicago Corporate Fund: Condensed Statement of Cash Receipts and Disbursements for the three months ending June 30,1985;

Statement of Funded Debt as of June 30,1985;

City ofChicago Corporate Fund: Statement of Floating Debt as of June 30, 1985.


Placed on File - RECOMMENDATIONS BY COMMISSIONER OF DEPARTMENT OF PLANNING AND ACTING ZONING

ADMINISTRATOR.

Also, a communication signed by Elizabeth Hollander, Commissioner of Planning, under date of July 31, 1985, showing the recommendations of the Commissioner and Acting Zoning Administrator concerning map amendments for which public hearings were held July 30, 1985, in accordance with provisions of Section 11.9-4 of the Chicago Zoning Ordinance as passed by the City Council on January 31,1969. - - Placed on File.

Placed on File - QUARTERLY REPORT OF OFFICE OF MUNICIPAL INVESTIGATION.

Also, a report filed in the Office ofthe City Clerk on August 5, 1985, submitted by Russell H. Levy, Board Chairman, transmitting the quarterly report of the Board of the Office of Municipal Investigation for the period ending June 30,1985, which was Placed on File.

Placed on File-APPROVAL BY CHICAGO PLAN COMMISSION AND DEPARTMENT OF PLANNING OF CERTAIN

PROPOSALS.

Also, copies of resolutions adopted by the Chicago Plan Commission on July 18, 1985, and reports ofthe Department of Planning, approving the following proposals, which were Placed on File:

Department of Finance

Disposition of Vacant/Improved City-Owned Properties

Referral Number Address

85-132-02 2604-38 North Emmett Street

(parking site 65)

85-133-02 2935-37 West Division Street

85-134-02 4034-44 West West End Avenue/200-02 North

Keystone Avenue

85-135-02 4253-59 West Maypole Avenue

85-136-02 113-17 North Keeler Avenue

85-146-02 2553-59 West Thomas Streetyi053-59 North Rockwell Street


Referral Number

85-130-06

85-141-06

85-142-06

85-143-06

85-144r06

85-145-06

Referral Number

85-147-21

85-148-21

Referral Number

85-131-21

Department of Public Works

Project

23rd Street Viaduct Improvement over the I.C.G. Railroad east of Dr. Martin Luther King Jr. Drive

Lake Street Improvement from Laramie Avenue to Ashland Avenue

Diversey Park Improvement from the North Branch ofthe Chicago River to Sheridan Road

87th Street Improvement from Damen Avenue to Vincennes Avenue

Intersection Improvements on Division Street at Grand, Central Park, and Homen Avenues

Independence Boulevard Improvements from Douglas Boulevard to Harrison Street

Department of Planning

Project

Designati

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