G17-07 (3) .
Ordinance No. G17-07
AN ORDINANCE
AMENDING TITLES 2 AND 20 OF THE ELGIN UNICIPAL CODE, 1976,
AS AMENDED, RELATING TO RESIDENTIAL CONY RSION GRANT PROGRAMS,
RESIDENTIAL REHABILITATION PRO GRAMS AND
HISTORIC REHABILITATION GRAN PROGRAMS
BE IT ORDAINED BY THE CITY COUNCIL OF T1 E CITY OF ELGIN, ILLINOIS,
Section 1. That Section 2.29.050 of the Elgin M nicipal Code, 1976, as amended,
entitled"Conditions,"be and is hereby further amended to a lend subsection A read as follows:
A. Agreement Required: Grant recipients shall b- required to execute an agreement
with the city imposing duties upon the grante- which include, but are not limited
to, the following obligations:
1. Grantee shall require licensed contractors to complete all necessary work to
accomplish such a conversion within one hung red eighty (180) days from the date
the agreement is fully executed.
2. Grantee shall not sell, convey or otherwise ransfer their interest in the property
being converted until a letter of completion : d compliance has been issued by
the city.
3. Grantee to the fullest extent permitted by 1.w shall indemnify, defend and hold
harmless the city, its officers, employees, ag-nts, boards and commissions from
and against any and all causes of action, suits, claims for damages, and any and all
other liability, which may arise out of or rel.to to the program agreement or the
program in any way. In the event of any .ction against the city, its officers,
employees, agents, boards or commissions .overed by such duty to indemnify,
defend and hold harmless, such action shall I e defended by legal counsel of the
city's choosing. The provisions relating to s ch indemnity, duty to defend and
hold harmless shall survive any termination . id/or expiration of the agreement.
4. Grantee shall submit monthly progress r-ports detailing the progress being
made on the project or activity and a final report on the completed project or
activity outlining the goals achieved by the project or activity.
5. Grantee shall supervise and monitor the •erformance of the work in order to
ensure compliance with all grant program r-quirements and all applicable city
codes and ordinances.
6. Grantee shall obtain a conversion permit a d all necessary permits for any and
all alterations made, and no such work shall o e initiated until all said permits have
been obtained.
7. Grantee shall allow periodic inspections b the city to monitor the progress of
the work including, but not limited to, a final nspection.
8. Grantee shall provide city with copies of a 1 contracts and work proposals from
contractors performing conversion work, inv o ices itemizing eligible material and
labor, stamped paid receipts, final waiver of lien and other documentation
showing proof of payment for materials and abor for all work completed as may
be required by the director.
9. Grantee shall post a sign at the residential structure at which the conversion is
occurring stating that such structure is beim, converted in conjunction with the
city's residential conversion grant program. Such sign shall be provided to the
grantee by the city and shall be placed in t e front yard of such structure at a
location approved by the city with the sign .ces being positioned perpendicular
to the adjoining street. The sign shall rema n posted in such manner until the
grantee's conversion project has been co pleted and approved by the city.
Notwithstanding the foregoing, the city may require the grantee to remove such
sign at any time upon written notice to the grantee. The city may require the
grantee to post a refundable deposit in an a ount equal to the replacement cost
for such sign to guarantee the sign's return to he city in a satisfactory condition.
Section 2. That Section 2.30.100 of the Elgin unicipal Code, 1976, as amended,
entitled"Grants; General,"be and is hereby further amended to read as follows:
A. Evaluations Required: The community de elopment manager, or his or her
designee, shall evaluate or cause to be eval ated all single-family dwellings or
rental residential properties for which a gr. it or loan is sought pursuant to the
terms of this chapter to determine wheth:i they are lawful and to confirm
compliance with the property maintenance c i de. Such evaluation shall be made
prior to the execution of any agreement for a grant. A second evaluation shall be
made following completion of work and prior to the payment of any grant.
B. Applications and Guidelines: The community development manager, or his or her
designee, is hereby authorized and direc led to prepare and distribute the
appropriate forms and guidelines for the impl:mentation of this chapter.
C. Grantee shall post a sign at the residential •tructure at which the rehabilitation
work is occurring stating that such structure s being rehabilitated in conjunction
with the city's residential rehabilitation pro a am. Such sign shall be provided to
the grantee by the city and shall be placed in the front yard of such structure at a
location approved by the city with the sign .ces being positioned perpendicular
to the adjoining street. The sign shall rema n posted in such manner until the
grantee's rehabilitation project has been co pleted and approved by the city.
Notwithstanding the foregoing, the city may require the grantee to remove such
sign at any time upon written notice to the grantee. The city may require the
grantee to post a refundable deposit in an a ount equal to the replacement cost
for such sign to guarantee the sign's return to t e city in a satisfactory condition.
D. Limitations: Grants or loans authorized under this chapter shall be limited to the
reimbursement of actual expenses incurred f•r eligible repairs, shall be payable
only upon satisfactory completion of the desi: ated repairs and shall be limited to
the amount approved at the time of exe'ution of the rehabilitation grant
agreement. No grants shall be approve, for any rehabilitation, repair,
reconstruction, lead based paint abatement or ;ccessibility improvement activities
initiated or completed prior to the execution of the rehabilitation grant or loan
agreement. The community development m. ager, or his or her designee, may
make direct payments to the contractor pe orming the work on the eligible
repairs upon the satisfactory completion of the designated repairs.
E. Extension Of Contract: The community de elopment manager, or his or her
designee, may grant a one time extension t• a rehabilitation grant agreement
authorized under this chapter not exceedin: six (6) months when there are
circumstances, difficulties, or hardships tha make unreasonable the time for
compliance specified by the rehabilitation gra t agreement. For the consideration
of time extensions, personal circumstances p-culiar to the property owner may
constitute such circumstances within the m-aning of this subsection as may
material shortages, labor strikes, or seasonal li itations preventing the completion
of the work contemplated in the rehabilitation : ant agreement.
F. Failure To Perform: Failure to perform the o s ligations of the rehabilitation grant
agreement shall subject the applicant to repa ent of any grant monies received.
G. Penalty For Misrepresentation Or Failure o Comply With Conditions: Any
person who wilfully makes any false statemen or misrepresentation in obtaining a
loan or grant under the provisions of this chaster, or wilfully fails to comply with
the applicable conditions affecting that perso 's grant or loan shall be subject to a
fine of not less than one hundred dollars ($110.00) nor more than five hundred
dollars ($500.00), shall be required to reimb rse the city for the amount of the
grant, plus the city's costs in administering th.t grant, and shall forfeit the right to
any future participation in any program authorized under the residential
rehabilitation program ordinance.
Section 3. That Section 20.15.050 of the Elgin unicipal Code, 1976, as amended,
entitled"Guidelines,"be and is hereby further amended to . lend subsection C read as follows:
C. Grants: The amount of any grant shall be determined by the director of the
community development department, or the director's designee, in accordance
with an approved estimate of cost for eli:ible exterior historic/architectural
rehabilitation work. Grants shall be limited to fifty percent (50%) of eligible,
approved project construction costs and appl.cable to a minimum project of five
thousand dollars ($5,000.00) with no grant o exceed twenty thousand dollars
($20,000.00).
Section 4. That Section 20.15.050 of the Elgin lunicipal Code, 1976, as amended,
entitled"Guidelines,"be and is hereby further amended to . end subsection E read as follows:
E. Conditions; Agreement Required: Program p; icipation shall, within thirty (30)
days of receiving notification of being award-d a grant, require the execution of
an agreement between the applicant and the city. The director, or the director's
designee, is authorized to execute the agre-ment on behalf of the city. The
agreement shall include, but is not limited to, requirements for the applicant as
follows:
1. Within one hundred eighty(180) days of ex-cuting the agreement, the applicant
shall obtain a certificate of appropriateness for any construction work to be
performed on the residential structure which i• the subject of the agreement.
2. The applicant shall complete the histori•/architectural rehabilitation of the
residential structure which is the subject of th- agreement in compliance with the
Elgin "Design Guideline Manual" and in conformance with the certificate of
appropriateness within an eighteen (18) month period from the date of the
execution of the grant agreement.
3. The applicant shall post a sign at the reside tial structure which is the subject of
the agreement stating that such structure is being rehabilitated in conjunction with
the city's 50/50 Historic/Architectural Reha•ilitation Grant Program. Such sign
shall be provided to the applicant by the city .,nd shall be placed in the front yard
of such structure at a location approved by the city with the sign faces being
positioned perpendicular to the adjoining str:et. The sign shall remain posted in
such manner until the applicant's rehabilitation project has been completed and
approved by the city. Notwithstanding the •regoing, the city may require the
grantee to remove such sign at any time upo written notice to the grantee. The
city may require the applicant to post a refun•able deposit in an amount equal to
the replacement cost for such sign to guaran gee the sign's return to the city in a
satisfactory condition.
Section 5. That Section 20.16.050 of the Elgin unicipal Code, 1976, as amended,
entitled"Guidelines,"be and is hereby further amended to a end subsection D read as follows:
D. Grant Amounts: The amount of any grant sh,:11 be determined by the director of
the community development department, or t e director's designee, in accordance
with an approved estimate of cost for eli:ible exterior historic/architectural
rehabilitation work. Grants shall be limited to seventy five percent (75%) of
eligible, approved project construction costs .1 d applicable to a minimum project
of two thousand five hundred dollars ($2,500 00) with no grant to exceed twenty
thousand dollars ($20,000.00). Grants for the painting project program shall be
•
one hundred percent (100%) of the cost fo the painting of the exterior of a
property with no painting project grant to .xceed two thousand five hundred
dollars ($2,500.00).
Section 6. That Section 20.16.050 of the Elgin M nicipal Code, 1976, as amended,
entitled"Guidelines,"be and is hereby further amended to a end subsection F read as follows:
F. Conditions; Agreement Required: Program p. icipation shall, within thirty (30)
days of receiving notification of being award,d a grant, require the execution of
an agreement between the applicant and the ity. The director, or the director's
designee, is authorized to execute the agre-ment on behalf of the city. The
agreement shall include, but is not limited to, requirements for the applicant as
follows:
1. Within one hundred eighty(180) days of ex-cuting the agreement, the applicant
shall obtain a certificate of appropriateness for any construction work to be
performed on the residential structure which is the subject of the agreement.
2. The applicant shall complete the histori•/architectural rehabilitation of the
residential structure which is the subject of th- agreement in compliance with the
Elgin "Design Guideline Manual" and in conformance with the certificate of
appropriateness within an eighteen (18) month period from the date of the
execution of the grant agreement.
3. The applicant shall post a sign at the reside tial structure which is the subject of
the agreement stating that such structure is be'r g rehabilitated in conjunction with
the city's 75/25 Historic/Architectural Rehab'litation Grant Program. Such sign
shall be provided to the applicant by the city .nd shall be placed in the front yard
of such structure at a location approved by the city with the sign faces being
positioned perpendicular to the adjoining str.et. The sign shall remain posted in
such manner until the applicant's rehabilitation project has been completed and
approved by the city. Notwithstanding the •regoing, the city may require the
grantee to remove such sign at any time upo written notice to the grantee. The
city may require the applicant to post a refund able deposit in an amount equal to
the replacement cost for such sign to guaran ee the sign's return to the city in a
satisfactory condition.
Section 7. That all ordinances or parts of ordinanc:s in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 8. That this ordinance shall be in full for e and effect upon its passage and
publication in the manner provided by law.
s/Ea Schock
Ed S,hock, Mayor
Presented: March 14, 2007
Passed: March 14, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: March 15, 2007
Published: March 16, 2007
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
'—
February
February 27, 2007
TO: Mayor and Members of the City Council
FROM: Michael Millikan, Program Manager
SUBJECT: Revisions to Various Grant Programs Requiri g the Posting of Signs
PURPOSE
The purpose of this memorandum is to provide the Mayor a d members of the City Council with
information regarding a revision to the Multi-family Conversion Grant program and the 50/50
and 75/25 Historic Architectural Grant programs. This revi•ion will add the requirement for the
applicants to post a sign in their yard promoting the grant program that is funding the work.
BACKGROUND
A revision to Title 20 of the Elgin Municipal Code wa. passed at the February 14, 2007
Committee of the Whole meeting. This revision raised the aximum grant amount an applicant
can receive from $10,000 to $20,000. This change was m;de to 50/50 grant program and the
75/25 grant program.
Staff has also been working on revising the city funded gra t programs to require applicants to
post a sign in their front yard promoting the program being sed to fund repairs on the property.
These signs will initially be used with the Multi-family onversion Grant program and the
Historic Architectural Grant programs and will eventually .e expanded to all grant programs.
The signs will be the same size as a zoning hearing sign ans will be required to be placed in the
front yard of the property.
RECOMMENDATION
It is recommended that the City Council approve the att.ched ordinances which have been
revised to require grant applicants to post a sign promoting he grant program which is funding
the project. The Title 20 ordinance revision also includes language raising the maximum grant
amount for the 50/50 and 75/25 Historic Architectural Grant programs from $10,000 to $20,000.
This item was discussed and approved at the February 14, 2007 Committee of the Whole
meeting.
MJM