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HomeMy WebLinkAboutORDINANCES-1989-038-O-89I • AN ORDINANCE FOR THE CONSTRUCPION OF A LOCAL IMPROVEM= KNOWN AS EVANSTON SPECIAL ASSESSMENT NO. 1381 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 Michigan Avenue, 150 feet South of South Line of South Blvd. to the South line of South Blvd. 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 Concrete Surface Course two inches (2") thick. Section 2: That the Recommendation of this Ordinance by the Board of IS 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 Forty Six Thousand Three Hundred Nine and .20/100ths Dollars ($46,309.20), 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 Four Thousand Four Hundred Eight Eight and .08/100ths Dollars ($34,488.08) of the cost of said improvement shall be allocated as public benefit, to be paid by the City, and the remainder of Eleven Thousand Eight Hundred Twenty One and .12/100ths Dollars ($11,821.12) 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 (7%) per annum from sixty (60) days after the date of the first voucher issued on account of work done upon said proposed improvement; Section 6: That for the purpose of anticipating the collection of the W • 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 (70) 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 by the City Co�cil of day of /' Li 19 /6 4 f App ved 19 , Mayor the City of Evanston, Illinois, on the // 71' 't. A''p' oved as to form: Atey for t1 rd f Local Improvements of the City of Evanston, Illinois. 0 -2- City Clerk L. �J 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 Michigan Avenue from South Boulevard to approximately 170' south of South Boulevard, Special Assessment 1381, at 8:15 P.M., in Room 2404 of the Civic Center located at 2.100 Ridge Avenue, Evanston, Illinois. The Chair called the meeting to order at 8:20 P.M. The Chair introduced the members of the Board, indicating their staff position with the City and the requirement as mandated by the State that they be on the Board. • The Chair then turned the meeting over to the Engineer for the Board. Mr. Tonkinson explained the purpose of 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 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 answered questions on the billing procedures to the satisfaction of the individual present. The Chair then described the scope of the project and the relation of it to the Engineer's Estimate. He indicated that in calculating the assessments that the 2/3 Rule would have made the cost per assessable foot approximately $277 and therefore the maximum amount of �106 per assessable foot for direct cost was used. He explained the difference between the direct and indirect • cost. He answered questions concerning clarification of these costs. Page -2- Minutes of Public Hearing S.A. 1381 • Next, he pointed out that as indicated on the notice for the public hearing, the total estimated cost of the project including Engineering and Legal is $46,309.20. The portion to be assessed to the property owners is $11,821.12, whereas the City as a whole will be paying �34,488.08 as a public benefit. In addition, as Michigan Avenue has no sewer, a new sewer will be installed at a total cost to the City of 019,362.00. This cost will not be part of the special assessment cost. The Engineer for the Board, with the use of visual aids present, explained the overall design and answered questions concerning drainage, the width of the street, the extend of the parkway and the length of time the construction would take place. He also explained that a 4" restrictor would be placed in each of the catch basin outlets to retain water in the street for a short period of time during a heavy storm. Donna Fritz of 200 South Boulevard asked for clarification of the extent of the parkway on the west side of Michigan Avenue. The Engineer for the Board indicated that the four parking stalls that exists in the parkway area just north of the alley would be eliminated and that a full parkway would be placed there. A discussion ensued in which Ms. Fritz indicated that a portion of the eight unit condominiumm uses this as additional parking and many cars from other areas use this street for parking since they were not always able to park elsewhere. Next, the Engineer for the Board stated that he had received a letter from • Gerald Gulley, Executive Director of Shore Community Services for Retarded Citizens, the owner of the property on the east side of Michigan Avenue at 503-11 Michigan Avenue stating that they "wish to express their support of the City's plan to pave this short section of the City street". The Chair asked for other questions or concerns and receiving none, Mr. Olkowski made a motion to adhere to the first resolution of the Board for this project and to recommend the paving of Michigan Avenue, Special Assessment 1381. Mr. Barber seconded the motion which passed unanimously. The Board members then affixed their signatures to the adhering resolution and the recommendation. The Chair adjourned the meeting at 8:50 P.M. James S. Tonkinson City Engineer JST:dt cc: Joel M. Asprooth Kirsten Davis Kathy Brown Herb Hill 0 i 'CAME SIGNATURE. ADDRESS (Please poz PROCEEE YES I NO • ADHERING RESOLUTION OF THE BOARD OF LOCAL IMPROVEMENTS RECOMMING THE IMPROVING OF MICHIGAN AVENUE - 150 FEET OF SOUTH BOULEVARD SPECIAL ASSESSMENT NUMBER 1381 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: ,s That Michigan Avenue, 150 feet South of South Line of South Blvd. to the South line of South Blvd. 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 Concrete Surface 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, 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 13th day of February 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, 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 IMPROVF��N'I S OF City of Evanston, I inois • By FILED > MY OFFICE--. This � day of Secretary Approved as .to form: tt -Attorn y for the 'Board of Local Improvements of the City of Evanston, Illinois 0 -2- • RESOLUTION OF THE BOARD OF LOCAL IMPROVEMENTS RECOMMENNDING THE IMPROVING OF MICHIGAN AVENUE - 150 FEET OF SOUTH BOULEVARD SPECIAL ASSESSMENT NUMBER 1381 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 Michigan Avenue, 150 feet South of South Line of South Blvd. to the South line of South Blvd. 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 Concrete Surface Course two inches (2") 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 is 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 8:15 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; u 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 • • r� U Engineer's Estimate, attached hereto as Exhibit A. SECTION 2: That notice of the public hearing scheduled for March 8, 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 approval. ADOPTED THIS %3 day of BOARD OF LOCAL IMPROVEMENTS OF THE CITY OF EVANSTON, ILLINOIS By G%D �'G✓L_ FILED IN MY OFFICE: This day of Secretary Approved as to form: l Attorney for e Board of Local Improvements of the City of Evanston, Illinois -1- • 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 Michigan Avenue, 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 (20) thick. A` 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 • 1 Each Relocate Existing Lighting Unit, Complete 1,500.00 1,500.00 251 Cu.Yd. Special Excavation 15.00 3,765.00 40 Cu.Yd. Trench Backfill 22.00 880.00 15 Ton Granular Cradle Material CA-11 22.00 330.00 10 Cu.Yd. Sub -base Granular Material, Type B 27.00 270.00 540 Sq.Yd. Top Soil Placement 3" 2.00 1,080.00 105 Sq.Yd. Aggregate Base Course, Type B - 4" 4.50 472.50 10 Sq.Yd. Aggregate Base Course, Type B - 6" 6.50 65.00 745 Sq.Yd. Bituminous Base Course -7" 15.00 11,175.00 80 Gal. Bituminous Materials (Prime Coat) 1.50 120.00 2 Ton Aggregate (Prime Coat) 30.00 60.00 90 Ton Bituminous Concrete Surface Course, Mixture D, Class I - 2" 45.00 4,050.00 1 Ton Incidental Bituminous Surfacing 60.00 60.00 64 Lin.Ft. Storm Sewer, Type 2 • 8" (ESVCP) 30.00 1,920.00 Page -2- • Estimate of Engineer of Board of Local Improvements - S.A. 1381 QUANTITY UNIT ITEM UNIT PRICE COST 4 Each Catch Basins, Type A 4' Diameter, Type 1 Frame, Open Lid (Flat Top) 1,500.00 6,000.00 618 Lin.Ft. Combination Concrete Curb & Gutter Type B6.12 11.00 6,798.00 215 Lin.Ft. Curb Removal 3.50 752.50 70 Lin.Ft. Combination Curb 2.00 330.00 and Gutter Removal 4.50 315.00 175 Sq.Ft. Sidewalk Removal 2.00 350.00 145 Sq.Ft. Portland Cement Con- crete Sidewalk - 5" 2.50 362.50 540 Sq.Yd. Sodding 4.00 2,160.00 Cost of Engineering Services . . . . . 1,911.85 For Lawful Expenses, etc. . . . . . . . 1,911.85 . . . . . . . . . . . . . . . . . . . . . . . . . . . �3 , 8 23.70 RECAPITULATION Is Total Cost of Construction . . . . . . . . . . . . . . . . �42,485.50 Cost of Engineering Services . . . . . . . . . . . . . . . 1,911.85 For Lawful Expenses, etc . . . . . . . . . . . . . . . . . 1,911.85 Total Cost of Improvement . . . . . . . . . . . . . . . . y46,309.20 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. ngineer for the Board of Local Improvements of the City of Evanston •