HomeMy WebLinkAboutORDINANCES-2012-011-O-12Effective Date: April 22, 2012 3/20/2012
1 /23/2012
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AN ORDINANCE
Amending Title 7, Chapter 15 "Board of Local Improvements" by
Enacting a New Section for Alley Paving Improvements
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 7, Chapter 15 of the Evanston City Code of 1979,
as amended, "Board of Local Improvements", is hereby further amended by enacting a
new Section 7, "Alley Paving Improvements", to read as follows:
7-15-7: ALLEY PAVING IMPROVEMENTS
(A) Impermeable alley: The owners of at least 51 percent (51 %) of the property abutting
any unimproved alley or portion thereof, may petition the City for the construction of an
impermeable concrete pavement and related storm sewer and drainage improvements
for the alley thereon. This type of alley is automatically selected, unless the owners
specifically request the installation of permeable pavement. 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 5/9-3-1/et seq. for the petition to pave the alley.
If the Impermeable alley paving improvement is confirmed by the Cook County Circuit
Court in accordance with the state statute, the City will pay fifty percent (50%) of the
project cost with the property owners paying the remaining fifty percent (50%) annually
over a 10-year period.
(B) Permeable alley: The owners of at least 51 % of the property abutting any
unimproved alley or portion thereof, may opt to petition the City for the construction of
permeable pavement for the alley thereon ("Green Alley"). The Green Alley petition
shall be filed with the City Manager or his/her designee. When the Board of Local
Improvements receives the Green Alley 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 5/9-3-1/et seq. for the petition to pave the alley.
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If the Green Alley paving improvement is confirmed by the Cook County Circuit Court in
accordance with state statute, the City will pay fifty percent (50%) of the project cost
with the property owners paying the remaining fifty percent (50%) annually over a 10-
year period.
(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.
(D) The Board of Local Improvements may initiate alley paving improvement projects
within the City. The acceptance of a petition by the Board of Local Improvements is
also conditioned on the soil conditions of the subject alley.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid application of this
Ordinance is severable.
SECTION 4: 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.
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
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Introduced: -4-Yi (j)LO-,h J6 , 2012
Adopted: f , 2012
Attest:
Approved:
O-f&z r ( 12012
Eliz6 eth B. Tisdahl, Mayor
Approved as to form:
Rodney Gr ene, City Clerk W. Gran f Farrar, City Attorney
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