HomeMy WebLinkAboutORDINANCES-2019-039-O-194/10/2019
39-0-19
AN ORDINANCE
Amending Portions of City Code Title 7, "Public Ways", Chapter 15
"Board of Local Improvements"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: City Code Subsection 7-15-1, "Establishment; Meetings", of
the Evanston City Code of 2012, as amended, is hereby further amended to read as
follows:
7-15-1. — ESTABLISHMENT; MEETINGS.
The Board of Local Improvements will meet at such times as it may determine, or
upon call of the President, and has the powers and duties granted to it by 65 ILCS 5/9-
2-1, et seq., as amended.
The Board of Local Improvements consists of six (6) members. The Director of
the Public Works Agency is the President of the Board of Local Improvements. The
other members of the Board are: the Public Services Bureau Chief, the Sewer
Supervisor, the Superintendent of Special Assessments, the City Engineer, and the City
Clerk.
SECTION 2: City Code Subsection 7-15-7, "Alley Paving Improvements",
of the Evanston City Code of 2012, as amended, is hereby further amended to read as
follows:
7-15-7. - ALLEY PAVING IMPROVEMENTS.
(A) Alley Improvements: The owners of at least fifty-one percent (51 %) of the
property abutting any unimproved alley or portion thereof, may petition the City for
construction of a concrete pavement alley and related storm sewer and drainage
39-0-19
improvements for the alley thereon. Such petition shall be filed with the City Manager or
his/her designee. When the Board of Local Improvements receives a petition to pave
an alley within the City, the Board of Local Improvements will follow the special
assessment procedure established in the Illinois Municipal Code, 65 ILCS 5/9-2-1/et
seq. for the petition to pave the alley.
If the alley paving improvement is confirmed by the Cook County Circuit Court in
accordance with the state statue, the City will pay fifty percent (50%) of the project cost
with the property owners paying the remaining fifty percent (50%). The project cost will
be established by an estimate of cost issued by the City Engineer plus an additional four
and one half percent (4.5%) of the total estimated cost for engineering services and an
additional four and one half percent (4.5%) of the total estimate cost for legal services.
The property owner may elect to pay his/her share of the project cost as a lump sum or
annually over a ten (10) year period including interest. The interest will be no more than
two percent (2%) above the ten (10�) year United States Treasury note yield as
determined by the City's Chief Financial Officer or his/her designee on the first day of
the calendar year for the year in which the assessment is approved at a public hearing.
(B) In locations where the soil type is conducive to green infrastructure the City may
design and construct the alley with porous pavement. Any additional costs associated
with the porous pavement will be paid for by the Sewer Fund allocated for green
infrastructure.
(C) The assessment cost attributable to each property owner is based on the unit
cost method, unless a more equitable alternative method is appropriate and approved
by the Board of Local Improvements and approved by a majority (at least 51 %) of the
property owners abutting the subject alley. Votes by the property owners shall be
weighted by the value of the assessment cost attributable to their property.
(D) If the owners of at feast eighty percent (80%) of the properties abutting any
unimproved alley or portion thereof, petition the City with the intent to pay one hundred
percent (100%) of the estimated cost of the alley construction, the petition will be
accepted by the Board of Local Improvements and the construction of the alley will take
place in the following construction season. This project will be in addition to the Alley
Improvements as stated in paragraph A and will not replace any planned City projects.
The cost per unit will not include engineering or legal fees when property owners are
paying one hundred percent (100%) of the construction costs.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
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shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 5: Ordinance 39-0-19 shall be in full force and effect after its
passage and approval.
SECTION 6: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: _ZZy , 2019 Approved:
Adopted: /41d, , 2019 � a9, , 2019
ktephen'H. Hag rty, a r
Attest:
Devon Reid City Clerk �.
Approved as to form:
01- M 4Z�
Michelle L. Masoncup, Corporation
Counsel
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