HomeMy WebLinkAboutORDINANCES-1989-041-O-8941-0-89
• AN ORDINANCE
FOR THE CONSTRUCTION OF A LOCAL IMPROVEMENT'
KNOWN AS
EVANSTON SPECIAL ASSESSMENT NO. 1382
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 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.
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 Three Thousand Four Hundred Three and .46/100ths
Dollars ($53,403.46), 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 Eight Thousand Six Hundred Fourteen and
.34/100ths Dollars ($38,614.34) of the cost of said improvement shall be
allocated as public benefit, to be paid by the City, and the remainder of
Fourteen Thousand Seven Hundred Eighty Nine and .12/100ths Dollars
($14,789.12) 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
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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 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.
Adopt by. the City Council of the City of Evanston, Illinois, on the
day of 2 t.�+� 19 F%
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A rolled
19 �
Mayor
� City Clerk
Approved as to fo `
Attorney for the Board of Local
Improvements of the City of Evanston, Illinois.
EPA
•
SPECIAL ASSESSMENT NO. 1382 3
• RECOMMENDATION OF THE BOARD OF LOCAL IMPROVEMEAS
TO THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLINOIS
The Board of Local Improvements of the City of Evanston, Illinois,
herewith submits the draft of an Ordinance for the making of a local
improvement 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 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.
and as part of said Ordinance and in conjunction therewith, said Board also
herewith submits the Plans and Specifications of and an Estimate of the cost
of said improvement, including the cost of engineering services, as finally
determined by said Board; and said Board hereby recommends the passage of said
• Ordinance and the making of the improvement described -therein.
Ap oved as t orm:
Att rney fo ltke Board of
Local Improvements of the
City of Evanston, Illinois
HERBERT D. HILL 24497
ELLEN SZYMANSKI 54806
KATHLEEN BRENNIMAN 17030
CITY OF EVANSTON LAW DEPT.
2100 RIDGE
EVANSTON, IL 60204
(312) 866-2937
Respectfully submitted,
BOARD OF LOCAL IMPROVEMENTS
OF THE City of Evanston, Illinois
By
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•
MINUTES OF THE
BOARD OF LOCAL IMPROVEMENTS
FOR THE MEETING OF MARCH 22, 1989
Members Present: David Barber, President
Robert Shonk, Finance Director
Richard Figurelli, Superintendent of Water & Sewer Dept.
Thomas Olkowski, Superintendent of Street Department
James S. Tonkinson, Engineer for the Board
Members Absent: None
Others Present: Those indicated on the attached attendance sheet
The Board held a Public Hearing for the proposed paving of Judson Avenue from
South Boulevard, 150 feet south of the south line of South Boulevard, Special
Assessment 1382, at 8:15 P.M. in Room 2401 of the. Civic Center located at 2100
Ridge Avenue in Evanston, Illinois. The Chair called the meeting to order at
8:17 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 further gave those individuals present a brief history of
the street paving program for the City of Evanston. He indicated that in the
mid-19701s, the City Council, in order to encourage the paving of the streets,
adopted a cost sharing policy whereby the City would pay 1/3 of the cost of
paving the street and the individual property owners would pay a maximum of
2/3 of the cost of paving the street. In 1979, there remained approximately
fourteen (14) miles of unpaved streets and the City Council set a policy to
complete the paving of all streets in the City of Evanston. They identified
approximately 4.5 miles of unpaved in the southwest area of the City to be
paved first. This was completed in approximately 1982. At that time, a
5-year plan was approved to pave the remaining streets. Currently, the Board
of Local Improvements is working on the 1989/90 street paving plan which
includes the paving of Judson Avenue.
The President then outlined the meeting and stated that at the end of the
meeting, the Board of Local Improvements would vote on whether to proceed with
this project or to abandon it. He also stated that as this is an approved
program under the current paving policy, that it would be highly unlikely that
the Board would not vote to proceed unless there were facts revealed that are
currently not known. He also stated that as part of the Board's
responsibility, a report will be prepared for the City Council concerning this
paving project.
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Page -2-
BLI Public Hearing for S.A. 1382 - Paving of Judson Avenue
• 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. With an example of a special assessment of $800, he explained that
if the project moved ahead, that the first payment would be due on the 2nd of
January, 1990 and at that time, there would be a principal amount of t80 plus
7% interest on $720 for a fraction of the year; which interest would be
charged according to State Statutes. He stated that the billings for the
assessment are initiated by the City of Evanston and are due on January 2, of
the following year. He explained that when the project is complete and the
total costs are known that these costs will be filed in the Circuit Court of
Cook County for review. Once they are determined to be in order, the Court
will order collection for this assessment. In addition, he explained that the
individual property owners may make one payment or any number of payments in
any year and that they may pay the total or a portion of their special
assessment within sixty (60) days of the Court's order to collect, without
interest. He also stated that by using his example of $800 for an assessment
that if the project was completed in August and the Court ordered collection,
that the sixty (60) days would end in October and therefore the fractional
part of the year where interest would have to be paid would be November and
December or 1/6th of the year. Therefore, the interest due would be 1/6 of 7%
of t720.00 or $8.40.
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. The Engineer for the Board stated that the total estimated cost of
the proposed improvement is $53,403.46. He also indicated that in calculating
• the 2/3 Rule set by the City Council would have made the cost per assessable
foot approximately $255 and therefore the policy setting the maximum cost as
tied into the Engineering News Record which is $106 was used. He further
stated that the indirect costs would be one -quarter of the $106 or $26.50 per
assessable foot. Therefore of the total cost for the project, the private
benefit or that cost that would be assessed against the property owners is
�14,789.12 whereas the City as a whole as a public benefit would pay
38,614.38. In addition, because the street has no sewer, a new sewer would
be installed at a cost of t21,892, to be paid from the Sewer Fund. The cost
of this sewer is not part of the assessment costs. The Engineer for the Board
described the difference between direct and indirect assessments. He
explained that abutting properties as well as those within 1/2 block of the
improvement in both directions are assessed for the improvement. The Engineer
for the Board, with the use of visual aids present, answered questions
concerning drainage and the manner in which the approaches to garages and
sidewalks on private property would be treated. He also stated that 4"
restrictors would be placed in the catch basin outlets to retain water in the
alley for a short period of time during a heavy storm.
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Page -3-
BLI Public Hearing for S.A. 1382 - Paving of Judson Avenue
With the use of a visual aid, he indicated that a 140 tree adjacent to the
• alley was to be removed and that this was the only tree to be removed on the
project. He indicated that the design accomodated two large mature trees at
the south end of the street and within the west portion of the street
right-of-way. A discussion ensued in which individuals present stated that
they were not concerned about removal of the 140 tree but were very happy to
see the mature trees were to be saved.
There being no further questions concerning the construction of the pavement
and the treatment of the adjacent parkway, the Engineer for the Board
explained the manner of assessing with the use of a visual aid. He stated
that there were no direct assessments as no land lots faced Judson Avenue.
Therefore, all assessment were based upon the cost per foot of �26.50. He
indicated the manner in which this cost is applied to the individual lots and
answered questions concerning relative benefits and assessments. He asked for
other questions and there being none, concluded his presentation.
Mr. Tonkinson indicated to those present that he had a work sheet which
contained the estimated assessments for the proposed project and that if
individuals wished to review it, they may do so after the meeting.
The Chair then asked if individuals wished to make. a statement concerning this
project and if so, to state their names and the address of their residence
before making the statement. The Chair, hearing no statements, notified those
present that if they wished to mark the attendance sheet there is a column on
the sheet to proceed with the paving and a column that indicates the desire
not to proceed with the paving. Individuals may affix their mark for or
against after the meeting.
• The Chair then indicated that he would entertain a motion concerning the
paving of Judson Avenue, Special Assessment 1382. Mr. Shonk made a motion to
proceed with the special assessment process and to adhere to the 1st
Resolution and to recommend that an Ordinance be prepared for introduction to
the City Council. Mr. Figurelli seconded the motion which passed unanimously.
The Board members then affixed their signatures to the necessary documents.
Those present were notified that the report from the Board and the Ordinance
along with the recommendation would be introduced by way of the Administration
and Public Works Committee at the meeting of April 11, 1989.
Mr. Tonkinson made a motion to adjourn which was seconded by Mr. Shonk. The
Chair adjourned the meeting at 9:12 P.M.
ames S. Tonkinson
City Engineer
JST:dt
Attachment:
cc: Joel M. Asprooth
Kirsten Davis
Kathy Brown
Herb Hill
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I
RESOLUTION
• OF THE BOARD OF LOCAL IMPROVEMENTS
RECOMMENDING THE IMPROVING OF
JUDSON AVENUE - 150 FEET SOUTH OF SOUTH BOULEVARD
SPECIAL ASSESSMENT NUMBER 1382
WHEREAS, on the 6th day of March, 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 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, 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
irrprovement and the anticipated impact of the assessments; and
• WHEREAS, the Board of Local Improvements has scheduled a public
hearing for March 22, 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;
SECTION 1: That the aforesaid proposed improvement considered by
the Board of Local Improvements on March 6, 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.
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