Loading...
HomeMy WebLinkAboutRESOLUTIONS-1972-045-R-72• 0 • 45-R-72 • "A RESOLUTION AUTHORIZING THE OFFICE OF MASS TRANSPORTATION TO APPLY ON BEHALF OF THE CITY OF EVANSTON TO THE U.S. DEPARTMENT OF TRANSPORTATION FOR A GRANT TO ASSIST IN FINANCING THE IMPLEMENTATION OF THE STATE OF ILLINOIS COMMUTER PARKING PROGRAM' WHEREAS, the Secretary of the U.S. Department of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the Office of Mass Transportation (OMT), State of Illinois Department of Transportation, has established the Illinois Commuter Parking Program to relieve the financial burden.associated with the provision by municipalities of adequate, attractive, and safe commuter parking facilities, through a continuing program of coordinated investment in such facilities which will seek both State financial assistance from the Illinois Capital Improvement Grant Program and Federal financial assistance through a capital grant application which will be compiled and submitted.to the Urban Mass Transportation Administration (UMTA) by the OMT on behalf of the municipalities nominated for participation in such a'program; and WHEREAS, the CITY OF EVANSTON has applied to the Office of Mass Transportation for such financial assistance and has been nominated for participation in the program and the CITY OF EVANSTON commuter parking project may appear as a sub -project in the application for Federal financial assistance; and WHEREAS, in the event the Federal application is approved and the capital grant is made, the contract for Federal financial assistance will impose certain obligations upon the applicant, the Office of Mass Page 2 of 9 Pages Transportation, State of Illinois Department of Transportation, and thru • it, the sub -applicant, CITY OF EVANSTON including, but not limited to, the assurances by them: -- of the local share of the CITY OF EVANSTON sub -project costs; and -- of acceptable arrangements for satisfactory continuing control, for the life of the project, over the operation and/or use of land, materials, facilities and equipment pledged to this sub- project by the sub -applicant for their intended purpose; and -- that the addition of the new spaces proposed in the CITY OF EVANSTON sub -project will not be offset by the conversion of existing public commuter parking facilities to other uses; and -- of fair and equitable arrangements to protect the interests of employees affected by the proposed Federal grant assistance; . and -- that reasonable efforts will be made to ensure that the elderly and handicapped will be able to effectively use the facilities; and -- of compliance with the Uniform Relocation Assistance Act if and whenever this federally assisted project requires displacement of persons and/or acquisition of land; and WHEREAS, it i.s required by the U.S. Department of Transportation in accord with the provisions of Title VI of the' Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant and sub -applicant give an assurance that they will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; now, therefore: • • • Page 3 of 9 Pages • Be it resolved by the Evanston City Council for the CITY OF EVANSTON that: SECTION 1. The Office of Mass Transportation, State of Illinois Department of Transportation, is authorized to execute and file an application on behalf of CITY OF EVANSTON with the U.S. Department of Transportation to aid in the financing of the sub -project of the CITY OF EVANSTON which may be included in the State of Illinois Commuter Parking Program. SECTION 2. The CITY OF EVANSTON hereby certifies that it: a. has considered the economic and social effects of the sub -project and its impact on the environment; and b. has found that the sub -project is consistent with official plans for the comprehensive development of the CITY OF EVANSTON; and - c. is willing and able to provide the local share of the • CITY OF EVANSTON sub -project costs up to the maximum total amount set forth in this application. SECTION 3. The CITY OF EVANSTON, in the planning and design of the proposed commuter parking facilities, has made reasonable efforts to ensure that: a. Acceptable arrangements assuring satisfactory continuing control over the operation or use of project land, materials, facilities and equipment -- which may be operated or used by the CITY OF EVANSTON directly, or which may be leased to or otherwise operated by a privately -owned urban mass transportation company -- will be made with the Office of Mass Transportation to enable it to assure the use of the assisted capital improvements for their intended purpose during the life of the project. • • Page 4 of 9 Pages • In the event such facilities are sold or otherwise devoted to another use during the life of the project, .the CITY OF EVANSTON will refund a proportionate share of the Federal and State grants according to provisions which will be contained in the respective grant agreements. It is hereby agreed that: -- the CITY OF EVANSTON will prepare or cause to be prepared and submit to the OMT for approval within a reasonable period of time after the grants are approved, the following documents: designs, surveys, plans, working drawings and specifications as needed for the construction of the sub -project facilities; and -- the CITY OF EVANSTON will execute a contract with the OMT to acquire, design and install the sub -project facilities • in accordance with the approved plans, drawings, and specifications, which contract will contain all standard provisions required by applicable governmental rules and regulations. The CITY OF EVANSTON will have the right to elect to use its own forces and materials or to hire independent contractors or purchase materials as it may deem desirable to minimize the cost of such facilities; provided however that competitive bidding procedures shall be followed where practicable or required by law; and -- the addition of new spaces will not be offset by the conversion of existing public commuter parking facilities to other uses; and • - • age 5 of 9 Pages • -- the CITY OF EVANSTON will maintain or provide for the maintenance of the subject facilities in a safe and operable condition in accordance with normal procedures and standards at its own expense through out the normal useful life of the facilities (hereinafter taken as 15 years): and -- the CITY OF EVANSTON agrees.to acquire, through purchase or lease, all of the property to be used in its sub -project and to lease it to the OMT, commencing with the date of the execution of its contract with the OMT and continuing for the useful life of the sub -project facilities, in accordance with leasing provisions which will be set forth in such contract. The CITY OF EVANSTON will not sell or otherwise dispose of any portion of the sub -project facilities owned or leased by it without the prior written consent of the • OMT; and -- the OMT or its designated agent or agents will at all times before, during and after the acquisition, design and installation of the sub -project facilities, have the right to inspect. the CITY OF EVANSTON records with respect to the use or expenditures of the capital grant funds; and b. If found necessary, fair and equitable arrangements, as determined by the Secretary of Labor, to meet the requirements of Section 13(c) of the Urban Mass Transportation Act of 1964 (as amended), will be made to protect the interests of employees affected by the Federal grant assistance, and that the grant contracts will specify the terms and conditions of the arrangements; and • Page 6 of 9 Pages • c. The elderly and handicapped will be able to effectively use the proposed facilities. A description of these efforts is included in the CITY OF EVANSTON sub -project description. SECTION 4. The CITY OF EVANSTON will ensure that: a. If any person is displaced from his residence, farm ` operation or business by this federally assisted project, fair and reasonable relocation payments, and relocation assistance programs, will be provided such displaced persons and comparable replacement dwellings will be made available to them; and b. Any person displaced by this federally assisted project will be allowed the actual, reasonable expenses incurred moving himself, his family, his farm operation or business, • the actual direct losses of tangible personal property suffered in moving, and the cost of searching for a replacement business or farm. In lieu of these expenses persons displaced may receive a fixed moving and displacement allowance. In addition a residential owner - occupant under certain circumstances may be allowed up to $15,000 for replacement housing costs; and c. Provision will be made for an adequate relocation assistance program offering displaced persons current and continuing information on the availability,,.prices and rentals of comparable housing, commercial properties and locations for displaced businesses. A determination will be made of the relocation assistance needed, and • . • Page 7 of 9 Pages • within a reasonable period of time prior to displacement, comparable housing will be made available for those displaced. Such housing will be available in areas not generally less desirable in regard to public utilities and public commercial facilities and at rents or prices within the financial means of the families and individuals displaced; and shall consist of decent, safe, and sanitary dwellings equal in number to the number of and available to such displaced persons who require such dwellings and reasonable accessible to their places of employment; and d. Such costs will be treated as normal project costs. SECTION 5. The CITY. OF EVANSTON further assures that it will: a. Make every reasonable effort to acquire real property expeditiously through negotiation before instituting • eminent domain proceedings against the property; and b. Not require any owner to surrender possession of real property before the applicant pays the agreed purchase price or deposits with the court, for the benefit of the owner, an amount not less than the approved appraisal value of the property or pays the amount of the award of compensation in condemnation proceedings for the property, nor take any coercive action to compel an owner to agree to a price for his property; and c. Not require any person lawfully occupying property to surrender possession without at least 90 days written notice from the applicant of the date on which possession will be required; and • Page 8 of 9 Pages • • d. Provide the owner with a written statement of the basis for the amount estimated to be just compensation at the time an offer is made to acquire real property, reimburse the owner for the necessary costs of conveyance, and where condemnation proceedings are required, institute those proceedings, and reimburse the owner for his reasonable litigation costs when the proceedings fail or are abandoned by the applicant. SECTION 6. The CITY OF EVANSTON hereby certifies that: a. It will make every reasonable effort to effectuate the purposes of Title VI of the Civil Rights Act of 1964 and the regulations implementing this Title which provide that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from • participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" and that it has executed the UMTA Standard DOT Title VI Assurance; and b. The Office of Mass Transportation is authorized to execute and file with this application an assurance or any other document required of CITY OF EVANSTON by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. SECTION 7. The Office of Mass Transportation is authorized to furnish such additional information and to execute such additional documents concerning the CITY OF EVANSTON as the U.S. Department of Transportation may require in connection with the application of the project and the approval thereof. • • • Page 9 of 9 Pages SECTION 8. This resolution shall be in full force and effect, binding upon the CITY OF EVANSTON, from and after its passage, and shall not be rescinded or altered without the prior written approval of the Office of Mass Transportation. ATTEST: J R 1 Ma tri _ _ F_ Brown City Clerk ,Ls/ Edgar Vannema". Jr - Mayor