HomeMy WebLinkAboutORDINANCES-1989-037-O-8937-0-89
• AN ORDINANCE
FOR THE CONSTRUCTION OF A LOCAL IMPROVEME'NT
KNOWN AS
EVANSTON SPECIAL ASSESSMENT NO. 1380
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, ILLINOIS:
Section 1: That a local improvement shall be made within the City of
Evanston, County of Cook and State of Illinois, the nature, character,
locality and description of which is as follows, to -wit:
That Arnold Place, 150 feet south of south line of South
Boulevard to the south line of South Boulevard in the City of
Evanston be improved by grading, constructing the necessary
drainage system with concrete curb and gutter and paving to a
width of thirty feet (30') with Bituminous Base Course seven
inches (7) thick and Bituminous Surface Concrete Course two
inches (2") thick.
Section 2: That the Recommendation of this Ordinance by the Board of
Local Improvements of the City of Evanston, Illinois, and the Estimate of the
cost of said improvement made by the Engineer of said Board, both hereto
• attached, be and the same are hereby approved and by reference thereto made a
part hereof;
Section 3: That said improvement shall be made and the cost thereof,
including the sum of Fifty One Thousand Eight Hundred Ninety Five and
.45/100ths Dollars ($51,895.45), being the cost of making and collecting the
Assessment and all other expenses as provided by law, shall be paid for by
Special Assessment in accordance with the Illinois Municipal Code, Chapter 24,
Section 9, Division 2, approved May 29, 1961 and all amendments thereto, and
Chapter 15, Title 7 of the City Code of the City of Evanston, 1979, as
amended.
Section 4: That Thirty Seven Thousand Seven Hundre Eighty Three and
.67/100ths Dollars ($37,783.67) of the cost of said improvement shall be
allocated as public benefit, to be paid by the City, and the remainder of
Fourteen Thousand One Hundred Eleven and .78/100ths Dollars ($14,111.78) as
private benefit.
Section 5: That the aggregate amount to be assessed and each individual
assessment shall be divided into ten installments in the manner provided by
law, and each of said installments shall bear interest at the rate of seven
per centum (70) per annum from sixty (60) days after the date of the first
voucher issued on account of work done upon said proposed improvement;
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37-0-89
• Section 6: That for the purpose of anticipating the collection of the
installments of said assessment levied against the real estate benefited
thereby, bonds shall be issued payable out of said installments, bearing
interest at the rate of seven per centum (7%) per annum, payable annually and
signed on behalf of the City of Evanston, Illinois, by its Mayor and attested
by its City Clerk and its corporate seal affixed thereto; and each interest
coupon attached to said bonds shall likewise be executed by and shall bear the
official or facsimile signature of the same officers who signed said bonds and
who if facsimile signatures are used, do adopt by their execution of said
bonds as and for their proper signatures their respective facsimile signatures
appearing on said coupons; and that said bonds shall be issued in accordance
with and shall in all respects conform to the provisions of an Act of the
General Assembly of the State of Illinois, known as the "Illinois Municipal
Code," effective July 1, 1961 and the Amendments thereto;
•
Section 7: That David H. Barber, President of the Board of Local
Improvements of the City of Evanston, Illinois, be and he is hereby directed
to file a Petition in the County Court of Cook County, Illinois, praying that
steps may be taken to levy a Special Assessment to pay the cost of said
improvement in accordance with the provisions of this Ordinance and in the
manner prescribed by law;
Section 8: That all Ordinances or parts of Ordinances conflicting with
this Ordinance be and the same are hereby repealed; and
Section 9: That this Ordinance shall be in force and effect from and
after its passage and approval according to law.
Adopted -b
day of�/{�i��
the City Coupcil of the City of Evanston, Illinois, on the 114
, 19�7
Approved �al)-Cj
Mayor
i
Ap oved as o` foorm-
Att rney for `the Board of
Improvements of the City
City Clerk
19 (.
Local
of Evanston, Illinois.
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•
MINUTES OF THE
BOARD OF LOCAL IMPROVEMENTS
FOR THE MEETING OF MARCH 8, 1989
Members Present: David Barber, President
Robert Shonk, Finance Director
Thomas Olkowski, Superintendent of Street Department
James S. Tonkinson, Engineer for the Board
Members Absent: Richard Figurelli, Superintendent of Water & Sewer Dept.
Others Present: Those indicated on the attached attendance sheet
The Board held a Public Hearing for the proposed paving of Arnold Place from
South Boulevard to 170' south of South Boulevard, Special Assessment 1380, at
7:00 P.M. in Room 2404 of the Civic Center located at 2100 Ridge Avenue in
Evanston, Illinois. The Chair called the meeting to order at 7:05 P.M.
The Chair introduced the members of the Board, indicating their staff position
with the City and the requirement that they be on the Board as mandated by the
State Statutes. He then turned the meeting over to the Engineer for the Board.
Mr. Tonkinson explained the purpose for the Board and the need to follow state
statutes in carrying out the special assessment proceedings. He also
explained the mandate of the City Council in 1979 for paving all of the
• unimproved streets which, at the time, represented approximately 14.5 miles of
streets. He explained the cost -sharing process as put forth by Resolution
72-R-74 which was reaffirmed by the City Council in its mandate of 1979. He
described the action taken by the Board and the City Council to date
concerning these unimproved streets and indicated that approximately four (4)
miles of streets remain to be paved.
The Chair then turned the meeting over to Mr. Shonk who explained the special
assessment procedures as they relate to collections and billings. Mr. Shonk
informed those present of the ability to make payments over a ten year period
on the assessment with a 7% simple interest being paid on the unpaid balance
annually. He also stated that the billings for the assessment are initiated
by the City of Evanston and are sent out on the 15th of December and become
due on January 2nd of the following year. He explained that when the project
is complete, the necessary papers are filed in the Circuit Court of Cook
County and at that time, the Court will order collection. He also stated that
at that time, the final costs will be known and the assessment will reflect
the final costs.
The Chair then turned the meeting over to the Engineer for the Board who
described the scope of the project and the relation of it to the Engineer's
Estimate. He also indicated that in calculating the assessments that the 2/3
Rule would have made the cost per assessable foot approximately �250 and
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SECTION 2: That notice of the public hearing scheduled for March
22, 1989, at 8:15 P.M., before this Board of Local Improvements shall be
mailed to all affected property owners as required by law.
SECTION 3: That copies of this resolution, the engineer's estimate
and the plans be placed on file in the records of the Board of Local
Improvements.
SECTION 4: This resolution shall be in full force and effect from
and after its passage and a proval.
ADOPTED THIS Ida of
y
FILED IN MY OFFICE:
,ij -
Thris 2-3 day of /�d W, �9�9
Secretary
Approved as to form:
BOARD OF LOCAL IMPROVEMENTS
OF THE CITY OF EVANSTON, ILLINOIS
BY
�
Attorney for the Board of Local
Improvements of the City of Evanston,
Illinois
•
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ADHERING RESOLUTION
• OF THE BOARD OF LOCAL IMPROV ITS
RECODIvMMING THE IMPROVING OF
JUDSON AVENUE - 150 FEET SOUTH OF SOUTH BOULEVARD
SPECIAL ASSESSMENT NUMBER 1382
WHEREAS, on March 6, 1989, a Resolution was adopted by the Board of
Local Improvements of the City of Evanston, originating a local improvement in
said City by providing for the following:
That Judson Avenue, 150 feet south of South Boulevard in the City of
Evanston to be improved by grading, constructing the necessary drainage
system with concrete curb and -gutter and paving to a width of twenty-nine
feet, seven inches (29.6') with Bituminous Base Course seven inches (7)
thick and Bituminous Concrete Surface Course two inches (2") thick.
WHEREAS, a public hearing was held by this Board on the 22nd day of
March, 1989, on the question of the necessity of the proposed improvement, and
WHEREAS, all persons interested in said proposed improvement who desired to be
heard were heard, and no sufficient reason or objection was given or made to
the proposed improvement, and based on the proof submitted to this Board, this
• Board finds that good and sufficient notices of said public hearing were given
and mailed as required by law.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of
Local Improvements of the City of Evanston, Cook County, Illinois;
SECTION 1: That the aforesaid proposed local improvement described
in the original resolution adopted the 6th day of March and as shown on the
plans attached to the original resolution and the estimate of the cost of said
improvement, be adhered to.
SECTION 2: That the ordinance now before this Board of Local
Improvements and prepared at the request of the Board, be and the same is
hereby approved and that each member of the Board of Local Improvements be
requested to sign the Recommendation attached to the said ordinance,
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•
recommending to the City Council of the City of Evanston the passage of said
ordinance.
SECTION 4: That the Secretary of the Board of Local Improvements be
and he is hereby requested to deliver to City Council of the City of Evanston
the ordinance for the said improvement, the estimate of the cost of said
improvement as attached thereto together with the recommendation of this Board
of Local Improvements, and that copies of said recommendation, estimate and
ordinance be placed on file in the records of the Board of Local Improvements.
SECTION 4: This resolution shall be in full force and effect from
and after its passage and approval.
ADOPTED THIS day of
•
BOARD OF LOCAL IMPROVEMENTS
OF THE City of Evanston, Illinois
By
FILED IN.iMY OFFICaE�•
This Z% day of
Secretary
Approved as to form:
Attorney for the Board of Local
Improvements of the City of
Evanston, Illinois
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•
Paae -2-
Minutes of Public He
S.A. 1380
•
therefore the maximum amount of $106 was used. He also explained that the
indirect cost would be one -quarter of the t106 or t26.50 per assessable foot.
He stated, as shown on their notice for the public hearing, that the total
estimated cost of the project including Engineering and Legal costs is
$51,895.45. Of this cost, the private benefit or that cost that would be
assessed against the property owners is �14,111.78 whereas the City as a whole
as a public benefit will pay t37,783.67. In addition, because the street has
no sewers, that new sewers will be installed and financed by the City's Sewer
Fund in the amount of t20,224.00. The cost of the sewers is not part of the
assessment costs. The Engineer for the Board described the difference between
the direct and indirect assessments. He explained that the property owners
were assessed that abutted the improvement as well as within 1/2 block of the
improvement in both directions.
The Engineer for the Board, with the use of visual aids present, explained the
overall design and answered questions concerning drainage and the manner in
which water from the street would enter the sewer system. He also explained
that 40 restrictors would be placed in the catch basin outlets to retain water
in the streets for a short period of time during a heavy storm.
A discussion ensued in which the question arose as to the need for paving
Arnold Place as some of the citizens present felt that it was in good
condition due to a developer placing material on it when the condominiums were
built on the west side of the street. Mr. Tonkinson explained there was no
base to the street and that the developer, at the direction of the City,
placed a 1" asphalt surface over the street as he had disrupted at least
one -quarter of the west portion of Arnold Place in his construction of the
necessary parkway curb.
A discussion also took place concerning the need for other improvements in the
City and that the financing of this project could be better used on these
other needs. Mr. Peter F. Murphy of 100B South Boulevard asked if these funds
had to be expended on this street at this time or whether this money could be
deferred for improvement in future years. In response, Mr. Tonkinson stated
that the current policy is to pave all unimproved streets and that this
street, with its 11 overlay, would not last through a severe winter and
therefore funds were identified for this street. In response to the inquiry
from Mr. Murphy, Mr. Shonk stated that the General Obligation Bond funds could
be placed in an account to gather interest and be used at a later date for the
paving of this street. However, he stated that the Engineer for the Board was
correct in that these unimproved streets were to be paved and the cost of
paving the street would escalate.
As part of the discussion, Mr. Jay Franker from the Solar Management Company,
which represented the owner of 506 to 518 Sheridan Road, the owner of the
property on the east side of Arnold Place, stated that he wanted the street
paved and indicated his concern for protection of his parkway. The Engineer
for the Board indicated that the curb that is being placed, as being proposed,
would be west of the existing established lawn and therefore he would gain
additional parkway,
E,
minutes of Public Hear.:ic
S.A. 1380
•
Next, there was a discussion concerning the existing parking situation on
Arnold Place., Currently, vehicles are parking perpendicular to the lawn on
the east side of the street. It was pointed out that this would be eliminated
and there would be parallel parking as a standard 30' wide residential street
was being proposed.
Also, a concern was voiced for the traffic in the alley way adjacent to the
cemetary, south of South Boulevard. Mr. Tonkinson responded that he had been
in touch with the Traffic Engineer and that the Traffic Engineer was proposing
additional parking on South Boulevard, east of Arnold Place and is also
looking into the possibility of making the alley between Arnold Place and
Michigan Avenue one-way west so as to discourage through traffic in the alley
system. One citizen proposed that the street be paved to allow perpendicular
parking on the east side. The Engineer for the Board said that if that
position was held by the majority present, that the design could be changed.
However, it would mean elimimation of portions of the parkway lawns. He then
asked for a show of hands and there being none he moved on to requesting
additional questions concerning the design. There being none he went to the
visual aids and described the indirect assess^ant fcr the project and stated
that there were no direct assessments.
In response to an inquiry by Mr. Murphy of 100B South Boulevard, Mr. Tonkinson
stated that anybody that wished to make a statement could make it and it would
be entered into the records by way of the minutes. The Chair then asked for
those who wished to make a statement to identify themselves and give their
• address. Mr. Peter F. Murphy of 100E South Boulevard, the President of the
Condo Association, stated that this is an incredible waste of money and
distributed pictures showing the condition of the street, stating that it is
in good condition. He also stated that he honestly did not know how long it
would last but that the City has other needs for this money. He further
stated that he had taken a vote of the members of the Condominium Association
and 100% of the members are opposed to the paving. He stated that he believes
that the street should be deferred for paving for two to three years or as
many years as the condition of the street can be maintained.
The Chair read a letter received from Mr. & Mrs. R.B. Riemer of 476 Sheridan
Road, who indicated that they "were totally and unalterably opposed to this
plan and proposal".
The Chair then asked for other statements and there being none, the Engineer
for the Board made a motion to adopt an adhering resolution that would adhere
to the first resolution adopted by the Board and to recommend the paving of
Arnold Place. Mr. Olkowski seconded the motion which passes unanimously. The
Board members then affixed their signatures to the adhering resolution and the
recommendation. The Chair informed those present that the recommendation
would be before the Administration and Public Works Committee at their meeting
of March 27, 1989, at 7:30 P.M.
•
Pace -4-
Minutes of Public Hea.
S.A. 1380
•
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•
There being no further business, the meeting was adjourned at 8:12 P.M.
&ames S. Tonkinson
Engineer for the Board
JST:dt
cc: Joel M. Asprooth
Kirsten Davis
Kathy Brown
Herb Hill
Sly V1t—iL ;:. SS SSi�`N 1 -:'.� lJ iv
N A M E SIGNATURE. ADDRESS PROCEED
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L
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•
• ADHERING RESOLUTION
OF THE BOARD OF LOCAL IMPROVEMENTS
RECOMMENDING THE IMPROVING OF
ARNOLD PLACE - 150 FEET OF SOUTH BOULEVARD
SPECIAL ASSESSMENT NUMBER 1380
WHEREAS, on February 13, 1989, a Resolution was adopted by the Board
of Local Improvements of the City of Evanston, originating a local improvement
in said City by providing for the following:
- That Arnold Place, 150 feet south of south line of South Boulevard to the
south line of South Boulevard in the City of Evanston be improved by
grading, constructing the necessary drainage system with concrete curb
and gutter and paving to a width of thirty feet (30') with Bituminous
Base Course seven inches (7) thick and Bituminous Surface Concrete
Course two inches (2") thick; and _
WHEREAS, a public hearing was held by this Board on the 8th day of
March, 1989 on the question of the necessity of the proposed improvement, and
WHEREAS, all persons interested in said proposed improvement who desired to be
heard were heard, and no sufficient reason or objection was given or made to
the proposed improvement, and based on the proof submitted to this Board, this
• Board finds that good and sufficient notices of said public hearing were given
and mailed as required by law.
NOW, 'rtLKr:rvtct, BE IT AND IT IS HEREBY RESOLVED by the Board of
Local Improvements of the City of Evanston, Cook County, Illinois;
SECTION 1: That the aforesaid proposed local improvement described
in the original resolution adopted the 13th day of February, 1989 and as shown
on the plans attached to the original resolution and the estimate of the cost
of said improvement, be adhered to.
SECTION 2: That the ordinance now before this Board of Local
Improvements and prepared at the request of the Board, be and the same is
hereby approved and that each member of the Board of Local Improvements be
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• requested to sign the Recommendation attached to the said ordinance,
recommending to the City Council of the City of Evanston the passage of said
ordinance.
SECTION 4: That the Secretary of the Board of Local Improvements be
and he is hereby requested to deliver to City Council of the City of Evanston
the ordinance for the said improvement, the estimate of the cost of said
improvement as attached thereto together with the recommendation of this Board
4 of Local Improvements, and that copies of said recommendation, estimate and
ordinance be placed on file in the records of the Board of Local Improvements.
SECTION 4: This resolution shall be in full force and effect from
and after its passage and approval.
ADOPTED THIS day of
BOARD OF LOCAL IMPROVEMENTS
OF City f/Evanston, Illinois
By
FILED I MY OFFICE•.
This day of Al /'4// ,
Secretary
Approved as to form:
�i
At c mey for the Board of Local
Improvements of the City of
Evanston, Illinois
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•
s
RESOLUTION
OF THE BOARD OF LOCAL IMPROVEMagTS
RECOM^1MING THE IMPROVING OF
ARNOLD PLACE - 150 FEET OF SOUTH BOULEVARD
SPECIAL ASSESSMENT NUMBER 1380
WHEREAS, on the 13th day of February, 1989, at its regular meeting,
the Board of Local Improvements of the City of Evanston recommended that a
local improvement be originated in said City for the following:
That Arnold Place, 150 feet south of south line of South Boulevard to the
south line of South Boulevard in the City of Evanston be improved by
grading, constructing the necessary drainage system with concrete curb
and gutter and paving to a width of thirty feet (30') with Bituminous
Base Course seven inches (7") thick and Bituminous Surface Concrete
Course two inches (21') thick.
WHEREAS, said recommendation was based upon an evaluation of the
necessity and cost of the proposed improvement as set forth in the plans and
specifications, the engineer's estimate, consideration of the petition of
affected property owners and a review of the private benefit of the
• improvement and the anticipated impact of the assessments; and
WHEREAS, the Board of Local Improvements has scheduled a public
hearing for March 8, 1989, at 7:00 P.M., so that all persons interested in the
proposed improvement will have an opportunity to be heard and to ask questions
and obtain information, and shall provide proper notice of said hearing as
required by law,
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of
Local Improvements of the City of Evanston, Cook County, Illinois;
SECTION 1: That the aforesaid proposed improvement considered by
the Board of Local Improvements on February 13, 1989, and as shown on the
plans and specifications is hereby adopted by said Board, along with the
Engineer's Estimate, attached hereto as Exhibit A.
0
• SECTION 2: That notice of the public hearing scheduled for
March 8, 1989, at 7:00 P.M., before this Board of Local Improvements shall be
17J
mailed to all affected property owners as required by law.
SECTION 3: That copies of this resolution, the engineer's estimate
and the plans be placed on file in the records of the Board of Local
Improvements.
SECTION 4: This resolution shall be in full force and effect from
and after its passage and approval.
ADOPTED THIS I3 day of
BOARD OF LOCAL IMPROVEY=S
OF THE CITY OF EVANSTON, ILLINOIS
By
FILED IN MY OFFICE:
This day of
Secretary
Approved as to form: \� v�
Attorney fP1� the Board of Local
Improvements of the City of Evanston,
Illinois
0 -2
ESTIMATE OF ENGINEER OF BOARD OF LOCAL IMPROVEMENTS
To the Board of Local Improvements of the City of Evanston:
Pursuant to a Resolution of the Board of Local Improvements of the City of
Evanston, heretofore adopted that Arnold Place, 150 feet south of south line
of South Boulevard to the south line of South Boulevard in the City of
Evanston to be improved by grading, constructing the necessary drainage system
with concrete curb and gutter and paving to a width of thirty feet (301) with
Bituminous Base Course seven inches (7") thick and Bituminous Concrete Surface
Course two inches (2") thick.
Said improvement to be constructed in detail as specified in aforesaid
Resolution.
I herewith submit an estimate of cost of such improvement as described in said
Resolution, including labor, materials and all other lawful expenses attending
the proceedings for making said improvement and the cost of making and
collecting the assessment therefore as provided by law, viz:
ESTIMATE OF COST
QUANTITY
UNIT
ITEM
UNIT PRICE
COST
330
Cu.Yd.
Special Excavation
15.00
4,950.00
48
Cu.Yd.
Trench Backfill
22.00
1,056.00
• 15
Ton
Granular Cradle
Material CA-11
22.00
330.00
10
Cu.Yd.
Sub -base Granular
Material, Type B
27.00
270.00
425
Sq.Yd.
Top Soil Placement
3"
2.00
850.00
128
Sq.Yd.
Aggregate Base
Course, Type B - 4"
4.50
576.00
192
Sq.Yd.
Aggregate Base
Course, Type B - 6"
6.50
1,248.00
740
Sq.Yd.
Bituminous Base
Course -7"
15.00
11,100.00
94
Gal.
Bituminous Materials
(Prime Coat)
1.50
141.00
2
Ton
Aggregate
(Prime Coat)
30.00
60.00
86
Ton
Bituminous Concrete
Surface Course, Mixture
D, Class I - 2"
45.00
3,870.00
22
Ton
Incidental Bituminous
Surfacing
60.00
1,320.00
68
Lin.Ft.
Storm Sewer, Type 2
8" (ESVCP)
30.00
2,040.00
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Page -2-
Estimate of Engineer of Board of Local Improvements - S.A. 1380
QUANTITY
UNIT
ITEM
UNIT PRICE
COST
4
Each
Catch Basins, Type A
4' Diameter, Type 1
Frame, Open Lid
(Flat Top)
1,500.00
6,000.00
260
Lin.Ft.
Concrete Curb,
Type B
9.50
2,470.00
645
Lin.Ft.
Combination Concrete
Curb & Gutter
Type B6.12
11.00
7,095.00
156
Sq.Yd.
Driveway Pavement
Removal
7.00
1,092.00
200
Lin.Ft.
Curb Removal
3.50
700.00
165
Sq.Ft.
Sidewalk Removal
2.00
330.00
165
Sq.Ft.
Portland Cement Con-
crete Sidewalk- 5"
2.50
412.50
425
Sq.Yd.
Sodding
4.00
1,700.00
Cost of Engineering Services . . . . . 2,142.47
For Lawful Expenses, etc. . . . . . . . 2,142.47
. . . . . . . . . . . . . . . . . . . . . . . . . .$4,284.94
RECAPITULATION
Total Cost of Construction . . . . . . . . . . . . . . . . �47,610.50
Cost of Engineering Services . . . . . . . . . . . . . . . 2,142.47
For Lawful Expenses, etc . . . . . . . . . . . . . . . . . 2,142.47
Total Cost of Improvement . . . . . . . . . . . . . . . . �51,895.44
I hereby certify that in my opinion the above estimate does not exceed the
probable cost of the above proposed improvement and the lawful expenses
attending the same.
ko**V
Engineer for the Board of Local `
Improvements of the City of Evanston