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HomeMy WebLinkAboutORDINANCE - 1432 - 1/13/1981 - CONDO CONVERSIONS AMENDEDORDINANCE 140, 1432 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE BY ADDING THERETO CHAPTER 10, REGULATING CONDOMINIUM CONVERSIONS BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Cook County, Illinois, as follows: Section 1: That in accordance with the powers and authority vested in the Village of Elk Grove Village under the Constitution of the State of Illinois and in exercise of its home rule powers, the Municipal Code of the Village of Elk Grove Village be and the same is hereby amended by adding thereto Chapter 10, said Chapter to be entitled "Regulating Condominium Conversions," and shall read as follows: CHAPTER 10 REGULATING CONDOMINIUM CONVERSIONS ARTICLE I GENERAL 10.101 PURPOSE. The President and Board of Trustees of the Village of Elk Grove Village, having found and determined that a considerable portion of the Village's rental housing may be converted to condominium status; that the prospective purchasers of these condominium units are often without know- ledge of the unique concepts of ownership involved; that pro- spective buyers often have little factual basis presented to them on which to make a decision; and that in order to provide buyers of condominium units with basic information by which to make an intelligent housing choice and promote the health, safety and welfare of the people, it is necessary and appropriate for the Village to require that developers of condominium conversions prepare and distribute information deemed relevant to the buyers of this tvoe of residential Drouerty. 10.102 SCOPE/APPLICATION. The provisions of this Chapter shall apply only to residential conversion condominiums, as that term is herein defined, within the Village of Elk Grove Village. 10.103 DEFINITIONS. .For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Act means the "Condominium Property Act," as amended from time to time, of the State of Illinois. Agent means any person, fiim, partnership, association, joint venture, corporation or any other entity or combination of entities who represents or acts for or on behalf of a developer in selling or offering to sell any condominium unit. Blanket Encumbrance means a trust deed, mortgage, judgment or other lien or encumbrance, including an option or contract to sell or a trust agreement affecting a condominium, including any lien or other encumbrance arising as a result of the imposition of any tax assessment by a public authority. Board of Managers or Board means those owners elected .to administer the Property at the time and in the manner provided by the Declara- tion for the Property and vested with the rights, titles, powers, privileges, trusts, duties and obligations imposed by the Act, Declaration and By -Laws and, until such personsare or must be electec shall mean the Developer as herein defined. Closing of the Sale means the operation of transferring ownership of a condominium unit to the purchaser from the developer through a deed of conveyance, or closing pursuant to Articles of Agreement or contract sale. Common Elements means all portions of the Property except the Units, including Limited Common Elements unless otherwise specified. Commissioner means the Building Commissioner of the Village of Elk Grove Village. Condominium Project means the sale of or a plan by a developer to sell residential condominium units in connection with a con- version condominium. Condominium Unit or Unit means a separate three-dimensional area within the condominium identified as such in the declaration and on the condominium plat and shall include all improvements contained within such area except those excluded in the declaration. - 2 - Conversion Condominium means a property improved with any building of more than four (4) dwelling units which contains structures, excepting those newly constructed and intended for condominium ownership, which are, or have previously been,, s wholly or partially occupied before recording of condominium instruments by persons other than those who have contracted for the purchase of condominiums. Declaration means the declaration required by the Illinois Condo- minium Property Act. Department means the Building Department of the Village of Elk Grove. Developer means any person, firm,oartnership, association, joint venture or corporation or any other entity or combination of entities or any successors thereto, who undertake to develop a condominium project. Elderly and/or Handicapped elderly shall be deemed to be a person over the age of__Eq_years. A handicapped person shall mean an individual suffering from a physical or mental disability to such an extent as to be eligible for disability benefits under the requirements of the Social Security Administration, irrespective of whether said benefits are actually being received. Limited Common Elements means a portion of the Common Elements so designated in the Declaration as being reserved for the use of a certain Unit or Units to the exclusion of other Units. Offer means any inducement, solicitation, advertisement, publica- tion or announcement by a developer to any person or the general public to encourage a person to purchase a condominium unit in a condominium project. Person means an individual, firm, corporation, trustee or other legal entity recognized by law as the subject of rights and duties. The masculine, feminine, singular or plural is included in any circumstances. Personal Property means individual items of personalty including without limitation: refrigerator, range, garbage disposal, dish- - 3 - washer, clothes washer, clothes dryer, decorating and floor covering and the like. Plat of Condominium means the plat of a duly licensed surveyor establishing and describing condominium units and common elements. Property Report means the property report required in accordance with Article II of this Chapter. Prospective Purchaser means a person who visits the condominium project site for the purpose of inspection for possible pur- chase or who requests a copy of the property report. Site means the lot or lots, tract or tracts of land, described in the declaration referred to in the Illinois Condominium Property Act. Unit Owner means the person or persons whose estates or interests, individually or collectively, aggregate fee simple absolute ownership in a condominium unit. Village means the Village of Elk Trove Village. ARTICLE II PROPERTY REPORT 10.201 PROPERTY REPORT. It shall be unlawful for any developer to offer for sale any condominium unit in a conver- sion condominium prior to making available to the Village and prospective purchasers a property report which shall contain the information specified herein. (1) Identification information including: a. Name and address of the developer (converter) and the owner including all partners of a partnership, all officers and directors of a corporation, and the beneficial owner or owners of a trust. units. b. Name of the building, address and number of C. The principal attorneys, accountants, architect, engineer and contractor of the development. including: (2) A description of the property and improvements a. A map or plat showing the size and dimension of the condominium project, together with all improvements, including - 4 - recreational facilities an O.. proposed construction. b. The share of ownership of each unit in the common element. C. Description, nature and ownership of all property and facilities on the site which are not a part of the condo- minium project. d. Present and planned location of streets and roads, including driveways, access roads and parking areas on and contiquous to the site and the nature of ownership thereof. (3) Proposed prices of the condominium units and a description of personal property which may be included in the sale, stating whether new or existing, including without limitation: refrigerator, range, garbage disposal, dishwasher, clothes washer, clothes dryer., decorating and floor covering and any change in the sale's price resulting from inclusion or exclusion of the items in the purchase. (4) If the purchase of all or any of the condo- minium units is to be financed by the developer or if financing has been arranged by the developer, a statement indicating: a. The name, address and telephone number of the person providing such financing; b. The interest rate to be charged; C. The downpayment which will be required; d. The length of the mortgages being offered; e. The service charge (points) which will be charged; f. Any other fees which will be charged for con- sidering an application for a mortgage or providing financing including, but not limited to, application fees and appraisal charges; (5) Drawings, architectural plans or other suitable documents setting forth the necessary information for location, maintenance and repair of all condominium facilities and equip- ment to the extent these documents exist. Such items may be incorporated in the property report by reference and shall be located at the sale's office site or construction office site and shall be turned over to the board of managers upon transfer of control by the developer. - s - (6) Use permitted for individual comdominium units by the declaration, by-laws of the condominium association or organization and applicable zoning provisions. (7) Statement of title, listing all restrictions of record and the condition of title. (8) Method and timing of transfer of control over the condominium project to the board of managers and the nature and extent of any interest retained by the developer, and the rights and obligations of unit purchasers after closing and Prior to election of the initial board of managers. (9) Projected initiation and completion dates for proposed construction, renovation or conversion and a statement disclosing any penalty imposed by the developer upon the contractor if said completion dates are not met and whether any such penalty will inure to the benefit of a unit purchaser or whether additional costs will be imposed on a buyer if such date is not met. (10) Statement disclosing the existence of the escrow account in which developer is required to deposit any deposit or advance payment in the purchase price pur- suant to Section 10.307 of this chapter, and the terms and conditions governing the escrowed funds and their release under the section. (11) Statement of any pending litigation which would affect the condominium or the developer's ability to convey clear title. (12) Statement of the current Real Estate taxes, estimated charges, thereto as a result of the conversion, and an estimate of such tax on each unit and the formula used to derive same. (13) Copies of the sales documents and literature, including but not limited to: a. Deed or Deeds of conveyance; b. Bill of sale; C. Trust Deed, if applicable; d. Mortgage and promissory note if financing is - 6 - through the developer or such documents as are otherwise available to the developer; e. Proposed Real Estate Sales Contract. (14) Summary of the operating expenses of the buildings as a rental project for the five (5) year period immediately preceding the filing of the declaration. (15) Copies of the following documents numbered and indexed in such a manner as the developer may select, so as to permit ready reference thereto: a. The declaration and plat. b. The articles of incorporation or charter of the condominium association. C. The proposed by-laws and regulations of the condominium association. d. Coverage and amounts of condominium insurance policies, which coverage shall be equal to or greater than the appraised value of the project after conversion, and a copy of the appraisal report utilized in making such determination. (16) A statement of management and expected opera- tion costs of condominium, including: a. Name of management agent, if any, and the services the agent will perform. b. Length of term of any management contract and charges and circumstances, if any, under which the charges may be increased. C. The conditions, if any, under which the contract may be cancelled or terminated. d. Statement disclosing any relationship between the developer and the management firm and their respective corporate officers and controlling interests. (17) Copy of annual estimated budgets for the condominium project commencing with the filing of the declara- tion up to and including the expected date that control of the - 7 - project will pass to the board of managers, which shall include estimated monthly payments to be prorated to each unit. The budget shall include, but not be limited to, the following: a. Costs included in monthly assessment. i. Utilities, including heating, fuel, water and sewer not separately metered; ii. Scavenger service; iii. Janitorial service; iv. Ground and building maintenance; V. Security; vi. Supplies; vii. Maintenance and operation of recreational facilities; viii. Building and other insurance; ix. Elevator maintenance; X. Sidewalks and street maintenance (including driveways, access roads and parking areas) and snow removal services therefor; xi. Other operating costs, if any; xii. Management services including management fees, legal, accounting and/or bookkeeping services; xiii. Reserves, including reserves for improvements, unexpected repair work and replacement and upkeep of common elements and facilities including the basis upon which the reserves are calculated and the manner in which such reserves may be expended by the Developer, if at all, prior to transferring ownership to the Board of Managers. If no provisions for reserves are included in the estimated common expenses, the following statement in type size and style equal to at least 10 point bold type shall be set forth: NO RESERVE FOR POSSIBLE FUTURE COSTS IS INCLUDED IN THE ESTIMATED COMMON EXPENSES. IT MAY, THEREFORE, BE NECESSARY FOR UNIT OWNERS TO PAY A SPECIAL ASSESS- MENT TO PAY FOR SUCH COSTS IF THEY OCCUR. b. Costs not included in monthly assessment: i. Any items listed in a. above not included in same; ii. Utilities, including fuel for heat and hot water, electricity, water and sewer which are separately metered. (18) Alternative provisions, if any, if an insufficient number of units are sold to cover the proposed operations and maintenance budget_. (19) A report from a qualified, licensed, certified structural engineer or registered architect, not associated with the developer, stating his opinions concerning the condition and the rated life and expected useful life of the roof, foundation, external and supporting walls, mechanical, electrical, plumbing and structural elements and all other common facilities, together with an estimate of repair and replacement costs, at current market prices to put said items in proper working order, and which shall indicate what the costs per category of unit would be if the unit owners were assessed for the estimated cost. This report shall include the approximate dates of installation of the facilities listed above an(q the dates of major repairs to such facilities. The license or registration number of said engineer or architect shall be included in the report. A copy of this report shall be submitted to the Village. (20) Explanation of the buyers' cancellation rights and the procedures for cancellation. (21) If there are any restrictions upon the free sale, transfer conveyance, encumbrance or leasing of a unit, then a statement in bold face type or capital letters in substantially the following form shall be included: THE SALE, LEASE OR TRANSFER OF YOUR UNIT IS RESTRICTED OR CONTROLLED. Immediately following this statement, there shall appear a reference to the document, articles, paragraphs, or pages inthe disclosure materials where the restrictions or controls are set forth or described in detail. (22) A statement indicating what, if any, warranties apply to the condominium unit, common elements and personal property of the condominium project, and all warranties speci- fically excluded. (23) Each property report shall contain on the front page the following warning in capital letters, in a type size and style equal to at least 10 point bold type: - 9 - VILLAGE OF ELK GROVE VILLAGE LACI SPECIFICALLY PROHIBITS ANY REPRESENTATION TO THE EFFECT THAT THE VILLAGE HAS PASSED UPON THE MERITS OF OR GIVEN APPROVAL TO MAKE OR CAUSE TO BE MADE TO ANY PROSPECTIVE PURCHASER ANY REPRESENTATIONS WHICH DIFFER FROM THE STATEMENTS IN THIS PROPERTY REPORT. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER AND ARE NOT BINDING ON THE DEVELOPER. REFER TO THE PROPERTY REPORT FOR CORRECT REPRESENTATIONS. (24) A statement of whether, and under what circum- stances, the unit owners are required to be a member of, support, or participate financially in recreational facilities, such as but not limited to health clubs, exercise rooms, swimming pools, party rooms and golf putting qreens. If any such facility is not part of the common elements, the following warning shall be included in capital letters in a type size and style equal to at least 10 point type: "THE (HERE NAME FACILITIES) ARE NOT INCLUDED IN THE COMMON ELEMENTS. THESE FACILITIES ARE AVAILABLE TO UNIT OWNER FOR (HERE DESCRIBE MONTHLY CHARGE AND INITIATION FEE). UNIT OWNERS ARE/ARE NOT (AS APPLICABLE) REQUIRED TO PARTICIPATE FINANCIALLY." (25) A statement as to the existence of the Elk Grove Village condominium conversion ordinance and availability of a copy of same from the Village Clerk's office. (26) The person or persons having a majority beneficial or legal interest in the ownership of the condo- minium project as of the date of the property report shall sign the property report and affirm that it and any supple- ments, modifications and amendments are true, full, complete and correct. ARTICLE III MISCELLANEOUS PROVISIONS 10.301 AMENDMENTS TO REPORTS. The developer shall amend the property report from time to time when any material changes occur in any matter contained in such reports. Amend- ments shall be made within thirty (30) days after such change occurs or the developer has reason to know of such change. - 10 - Amendments shall be sent to the village Building Department prior to distribution of the amendments to prospective purchasers and prior purchasers. Amendments shall also be attached to reports subsequently distributed to prospective purchasers and shall be immediately distributed to all pur- chasers of condominium units. 10.302 PAYMEMT FOR COMMON EXPENSES EXCEEDING ESTIMATE. The developer willbe held financially responsible for any intentional misrepresentations in his budget analysis as required by 10.201. For the purposes of this ordinance, intentional misrepresentation shall mean the underestimate of such total operating budget by the developer by at least twenty percent (20%). The developer shall pay all operating expenses for any year which exceed his estimates for that year by twenty percent (20%). 10.303 RETENTION OF DOCUMENTS. The Board of Managers shall keep a copy of the latest property report for seven (7) years following the date of the property report's initial distribution. Upon reasonable notice the property report shall be made available for inspection by any pro- spective purchaser of a unit from a unit owner. 10.304 TRANSFER OF CONTROL. Every declaration recorded pursuant to the Illinois Condominium Property Act after the effective date of this chapter shall provide that when seventy-five percent (750) of the condominium units are sold or no later than three (3) years after the closing on the sale of the first unit, the control over the condominium project shall be transferred to the Board of Managers. 10.305 DESIGNATION OF PARKING. No developer shall record a declaration or plat unless parking facilities are located on or within the condominium property and are (a) included in the common elements, or (b) are divided as individual parking spaces among and designated as being a part of the condominium project. At least two (2) spaces shall be provided for each unit in the project, except for those buildings constructed prior to December 19, 1972, in which case 1h spaces for each unit will be permitted, or where a variation by Ordinance has previously been granted by the village permitting less parking. 10.306 LEASE OF COMMON ELEMENTS/CONTRACTS. (1) Unless otherwise provided by the Board of Managers, no lease of common elements and no service or management contract relating to the condominium shall be valid longer than one year after the Board of Managers assumes control of the condominium, and no developer shall enter into such a lease for any longer period. (2) The developer may not require, nor, except as established by the Board of Managers following assumption of control by unit purchasers, may the condominium by-laws require that a unit owner be a member of or participate in recreational or similar facilities which are not owned in fee simple by the unit owners or by an association in which they are members, individually or through the Board of Managers. 10.307 ESCROW ACCOUNT. The developer shall establish an escrow with a bank or trust company having trust powers, an attorney who is a member of the Illinois Bar, or title company authorized to do business in Illinois, with whom shall be deposited any deposit, payment or advance in pay- ment of the purchase price other than payment for extra work ordered in writing. The conditions and release of escrowed funds shall conform to the following: 1. If a purchaser properly terminates the contract of purchase, the escrowed funds shall be paid to him free of the cost of escrow. 2. Prior to the closing of sale, no funds shall be paid to the developer from escrowed funds, except upon a default by the purchaser. 3. The developer shall cause funds to be placed in a separate account designated for this purpose, and shall bear interest of at least five percent (5%) per year, all such interest to be credited to the purchaser on the purchase price of the unit. =WAC 4. The provisions of this section shall not apply to any Payment received on account for the purchase of a completed condominium unit under articles of agreement for deed, installment agreement for deed, or lease with option to Purchase, if the agreement provides for conveyance of title more than one year after the date of execution of the aqreeement. 5. Escrowed funds shall not be subject to the attachment by the creditors of any party to the escrow or by the holder of a lien against any portion of the property. 6. The cost of such escrow shall be borne by the developer. 10.308 WARRANTY. The Developer shall warrant that all major repairs to the roof, foundation, external and supporting walls, mechanical, electrical, plumbing and structural elements, shall be performed at the expense of the Develouer up to the date control of the condominium project passes to the Board of Managers. The warranty shall include any repairs and expenses actually incurred, the payment of which shall not be taken from any reserves established as set forth herein, and shall further include any repairs which the Developer, in the exercise of sound discretion, should have made prior to the transfer of control. The warranty shall not include the cost of normal, routine maintenance; which expense is included in the regular monthly assessment period. The warranty shall extend for an additional six month period after such transfer date except for any repairs caused by the failure of the board of managers to provide adequate or necessary maintenance. In addition,thereto, any sale agreement for the sale of a condo- minium unit under the provisions of this ordinance shall contain a warranty that the unit is in good condition, free from any latent or patent defects and that the developer shall repair or replace any defect in said unit at the developer's sole cost promptly upon being notified of such defect, in writing by the purchaser; Provided, however, that such notice of defect must be delivered to the developer within one (1) year from closing of the sale of the condominium unit, and further Provided that such warranty may be waived by any unit purchaser in consideration of a reduction in the purchase price. - 11 - 10.309 'PECTION OF RECORDS. It - 1 be unlawful for any person to fail to allow unit owners ro inspect the financial books and records of the condominium project within three (3) business days of the time written request for examination of the records is received by the person or entity having possession of the records. 10.310 FALSE ADVERTISING. It shall be unlawful for any person to advertise, sell or offer for sale any condominium unit by employing any false or misleading statement of a material fact, or to omit any material fact required to be stated or necessary to make the statements made not misleading. 10.311 RESTRICTIONS ON ADVERTISING AND SALE. A developer shall not advertise the sale of, or enter into an agreement or contract for the sale of any condominium unit unless: (1) A property report is available for distribution to prospective purchasers. (2) Copies of all documents that were filed or required to be filed in connection with the condominium project with the Registrar of Titles or Recorder of Deeds of the County in which the property is located are available to prospective purchasers. (3) A copy of the property report, and any amendments, modifications and supplements thereto have been given to the prospective purchaser upon his visit to the site or upon his request for information. (4) The prospective purchaser has been given an opportunity to read the property report. (5) A receipt signed by the prospective purchaser has been received by the developer or agent acknowledging that the prospective purchaser has received and has had an opportunity to review the property report. Such receipts are to be kept on file in the possession of the developer for a period of three (3) years from the date of signature of the prospective purchaser and such receipts are subject to the inspection by the Depart- ment at any reasonable time. (6) The property report, and any amendments and supplements thereto, are available for inspection by the public, and copies of same have been delivered to the Department. - 14 - 10.312 NOTICE REQUIREMENT. (1) No less than 120 days prior to the recording of the declaration pursuant to the Illinois Condominium Property Act, the developer shall give written notice to each tenant of any building being converted, of the intent to submit the property to the Act. Any developer of a conversion condominium must, upon issuing the notice of intent, publish and deliver along with such notice of intent, a schedule of selling prices for all units subject to the condominium instruments and offer to sell such unit to the current tenants, except for units to be vacated for rehabilitation subsequent to such notice of intent. Such offer shall not expire earlier than 30 days after receipt of the offer by the current tenant, unless the tenant notifies the developer in writing of his election not to purchase the condominium unit. (2) For a period of 120 days following his receipt of the notice of intent (180 days for the elderly or handicapped), any tenant who was a tenant on the date the notice of intent was given shall be given the right to purchase his unit on substantially the same terms and conditions as set forth in a duly executed contract to purchase the unit, which contract shall conspicuously disclose the existence of, and shall be sub- ject to, the right of first refusal. The tenant may exercise the right of first refusal by giving notice thereof to the developer prior to the expiration of 30 days from the giving of notice by the developer to the tenant of the execution of the contract to purchase the unit. The recording of the deed conveying the unit to the purchaser which contains a statement to the effect that the tenant of the unit either waived or failed to exercise the right of first refusal or had no right of first refusal with respect to the unit shall extinguish any legal or equitable right or interest to the possession or acquisition - 15 - of the unit which the tenant may have or claim with respect to the unit arising out of the right of first refusal provided for in this Section. The foregoing provision shall not affect any claim which the tenant may have against the landlord for damages arising out of the right of first refusal Provided for in this Section. (3) Any tenant who was a tenant as of the date of the notice of intent and whose tenancy expires (other than for cause) prior to the expiration of 120 days, (180 days for the elderly or handicapped) from the date on which a copy of the notice of intent was given to the tenant, shall have the right to extend his tenancy on the same terms and conditions and for the same rental until the expiration of such 120 or 180 day period, as appropriate, by the giving of written notice thereof to the developer within 30 days of the date upon which a copy of the notice of intent was given to the tenant by the developer. tach tenant in a condominium conversion shall be informed by the developer at the time the notice of intent is given whether his tenancy will be renewed or terminated upon its expiration. If the tenancy is to be reviewed, the tenant shall be informed of all charges, rental or otherwise, in connection with the new tenancy and the length of the term of occupancy proposed in conjunction with the new tenancy and the length of the term of occupancy proposed in conjunction therewith. (4) Notwithstanding lease Provisions to the con- trary, the tenant's premises will not be shown to prospective purchasers without the tenant's permission until the expiration of the tenant's option to purchase or 90 days prior to the end of the term of the tenant's lease, whichever is later. (5) No lease or other agreement for the rental of property shall contain any Provision which authorizes the lessor to terminate the lease less than 120 days (180 days for the - 16 - elderly or handicapped) from notice of intent to convert as a part of any operation or transaction incident to such a conversion. No such provision of any lease or other agreement entered into after the effective day of this Chapter shall be given any force or effect, and such provisions are declared to be void. (6) Any notice provided for in this section shall be deemed given when a written notice is delivered in person or mailed, certified or registered mail, return receipt requested to the party who is being given the notice. 10.313 DISCRIMINATION. No person shall be denied the right to purchase or lease a unit because of race, religion, sex, marital status or national origin. 10.314 ADDITIONAL REQUIREMENTS OF DEVELOPER. The developer shall be required to pay the maintenance, service, assessment and/or management fees for each unsold unit through the closing date of the sale of the unit. The fees for each such unsold unit shall be the same as would be attributed to a like sold unit. ARTICLE. IV PENALTIES, INJUNCTION 10.401 PENALTY. Any person, firm or corporation guilty of violating any of the provisions of this Chapter shall be fined not less than Ten ($10.00) Dollars nor more than Five Hundred ($500.00) Dollars for each offense. Each day a viola- tion continues or is permitted to exist shall constitute a separate and distinct offense. In addition to any penalty which may be imposed herein, the Village may initiate injunctive relief, including the issuance of temporary restraining orders and preliminary injunctions in the Third Municipal District of the Circuit Court of Cook County to abate any violation of this Ordinance the continuation of which would be injurious to the welfare of the residents or which would frustrate or defect the intent of this Chapter. Section 2:, Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for - 17 - any reason held invalid or unconstitutional by any court of competent jurisdiction, such Portion shall be deemed a separate, distinct and an independent provision and such decision shall not affect the validity of the remaining portions thereof. It is hereby declared to be the legislative intent of the Village Board of Elk Grove Village that this chapter would have been adopted had such unconstitutional or invalid section, subsection, sentence, clause, phrase or portion of this Ordinance not been included. Section 3: That the Village Clerk is hereby directed to publish this Ordinance in pamphlet form. Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as required by law. VOTES: AYES: 6 NAYS: 0 ABSENT: 0 APPROVED: Charles J. Zettek Village President ATTEST: Ilafern Snick Acting Village Clerk PASSED this 13th day of January , 1981. APPROVED this 13th day of January , 1981. PUBLISHED in pamphlet form this 21st day of January , 1981. in the Elk Grove Daily Herald