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HomeMy WebLinkAboutORDINANCES-1989-043-O-89• 43-0-89 FOR THE CONSTRUCTION OF A LOCAL IMPROVM= KNOWN AS EVANSTON SPECIAL ASSESSMENT NO. 1376 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 the public alley in the block bounded by Austin Street on the north, Mulford Street on the south, Ridge Avenue on the west and Elmwood Avenue on the east in the City of Evanston, be improved by excavating, constructing the necessary drainage system and paving with 8" Portland Cement Concrete Pavement to a • width of fifteen feet (15'). 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 Sixty Thousand Nine Hundred Twelve and .48/100ths Dollars ($60,912.48), 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 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 5: 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 is coupon attached to said bonds shall likewise be executed by and shall bear the -1- • 43-0-89 • • 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 6: 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 7: That all Ordinances or parts of Ordinances conflicting with this Ordinance be and the same are hereby repealed; and Section 8: That this Ordinance shall be in force and effect from and after its passage and approval according to law. Adopted by the City Council day of y 19z. APP ved lam^ "oS 5 , 19 Mayor of the City of Evanston, Illinois, on the Appr `v as to nn: Ld Attorri�y for the.�f Local Improvements of the City of Evanston, Illinois. -2- t�L�il . c-GLc�J City Clerk RESOLUTION OF THE BOARD OF LOCAL IMPROVEMENTS RECOMMENDING THE IMPROVING OF NORTH OF MULFORD STREET', EAST OF RIDGE AVENUE SPECIAL ASSESSMENT NUMBER 1376 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 the public alley in the block bounded by Austin Street on the north, Mulford Street on the south, Ridge Avenue on the west and Elmwood Avenue on the east in the City of Evanston, be improved by excavating, constructing the necessary drainage system and paving with 8" Portland Cement Concrete Pavement to a width of fifteen feet (15'). 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 22, 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 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. 0 • • SECTION 2: That notice of the public hearing scheduled for March 22, 1989, at 7:00 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 day of 1214 e- 0 BOARD OF LOCAL IMPROVEMENTS OF THE CITY OF EVANSTON, ILLINOIS FILED IN MY OFFICE: This /'Nday of%�C19 Secretary 1 n Approved as to form: V \ Attorney for tYie�oard of Local Improvements of the City of Evanston, Illinois ':i►A • ADHERING RESOLUTION OF THE BOARD OF LOCAL IMPROVEMENTS RECVDING THE IMPROVING OF NORTH OF MULFORD STREET, EAST OF RIDGE AVENUE SPECIAL ASSESSMENT NUMBER 1376 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 the public alley in the block bounded by Austin Street on the north, Mulford Street on the south, Ridge Avenue on the west and Elmwood Avenue on the east in the City of Evanston, be improved by excavating, constructing the necessary drainage system and paving with 8" Portland Cement Concrete Pavement to a width of fifteen feet (15'). 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, 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 • requested to sign the Recommendation attached to the said ordinance, -1- • • • recommending to the City Council of the City of Evanston the passage of said ordinance. SECTION 3: 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 IMPROVIIMENTS OF THE City of (Evanston, Illinois By FILED IN,MY OFFICE: � This Z3" day of Secretary Approved as to form: Attorney for he Board of Local Improvements of the City of Evanston, Illinois -2- • E • SPECIAL ASSESSMENT NO. 1376 RECOMMENDATION OF THE BOARD OF LOCAL IMPROVEMENTS TO THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLINOIS 3 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 the public alley in the block bounded by Austin Street on the north, Mulford Street on the south, Ridge Avenue on the west and Elmwood Avenue on the east in the City of Evanston, be improved by excavating, constructing the necessary drainage system and paving with 8" Portland Cement Concrete Pavement to,a width of fifteen feet (15'). .. 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. App owed as o form: Att e'or the 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 z>>��L,i • 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 Sewer & Water 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 an alley north of Mulford Street and east of Ridge Avenue, Special Assessment 1376, at 7:00 P.M. in Room 2401 of the Civic Center located at 2100 Ridge Avenue, Evanston, Illinois. The Chair called the meeting to order at 7:03 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 stated the petition for the paving of this alley was circulated by Mrs. R. Moreau of 827 Mulford Street. He indicated that the petition was reviewed and accepted by the Board of Local Improvements on May 9, 1988 and that it contained property owners signatures representing 88.05% of the abutting property. He also explained to the individuals present that the Board is holding this public hearing in order to hear facts concerning the paving as well as the manner and procedure for assessing special assessment projects. He also explained that at the end of the meeting a vote would be taken that would determine whether the special assessment would proceed and the that the Board would make a report and recommendation to the City Council as to its position. 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 ten year period on the assessment with a 7% simple interest being paid on the balance of the unpaid balance annually. He further 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 and the total costs are known that these costs will be filed in the Circuit Court of Cook County to be reviewed. 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. ' Page -2- BLI Public Hearing for S.A. 1376 - Alley North of Mulford Street 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 indicated that the total estimated cost for the project is $60,912.48. He also explained that the costs included Construction, Legal and Engineering costs. He further stated that the cost per assessable foot is $53.89. Mrs. Moreau, the petitioner, asked Mr. Tonkinson why it took the length of time to set a public hearing for this project. In response Mr. Tonkinson stated that the assessor's office indicated that the City of Evanston was the owner of all parcels south of the alley and abutting Mulford Street. It was only recently that the County identified the property owners within the block. 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 the approaches to the garages and sidewalk on private property would be treated. He explained that their exists a combined sewer within the alley right-of-way which is serving St. Francis and runs from St. Francis near Ridge Avenue to Custer Avenue where it connects to the Metropolitan Sanitary District's interceptor sewer.. Because of the existence of this sewer, the costs were reduced as there was no need to put in an extensive amount of storm sewer. He further explained that 4" restrictors would be placed in the drainage structures so as to pond water in the area surface for a short period of time during a heavy storm. • Mr. Tonkinson informed those present that the alley would be closed for curing purposes of the concrete, after the pavement is in place, for ten (10) to fourteen (14) days. He also stated that provisions would be made for front yard pick-up with the Sanitation Department and that every attempt would be made to accomodate on -street parking during this period. The Engineer for the Board stated that encroachment letters would be sent out well in advance of any construction so as to allow the owners who wish to remove any obstructions within the alley to remove them or to place them within their property. Should the individuals elect not to remove them, the contractor would remove them and dispose of them during construction. There being no further questions concerning the construction of the alley, the Engineer for the Board explained the manner of assessing with the use of a visual aid. He explained that the cost per assessable foot is applied directly along the width of the lots abutting the alley. In response to a question, he stated that St. Francis Hospitol will be assessed for the paving of the alley and that they are paying the majority of the assessment. 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 the project and if so, to state their names and the address of their residence before making the statement. Mr. George Ring of 304 Elmwood'Avenue stated that he would not use the alley as he had a driveway on Elmwood Avenue to • enter his garage at the rear of his property and that he resented that • Page -3- BLI Public Hearing for S.A. 1376 - Paving of Alley North of Mulford Street individuals throughout the alley would force him to pay for the alley. He further stated that he was opposed to paving the alley. Mrs. R.R. Moreau of 827 Mulford Street asked if there could be speed signs placed within the alley so as to slow traffic that uses the alley. In response to the inquiry, Mr. Tonkinson stated that speed bumps were not allowed in the alleys as there is no policy for placing them and that they represented a hazard to those individuals that may speed through the alley, in spite of the speed bumps, as well as property owners within the alley. The Chair then notified those present that if they wished to mark the attendance sheet, there is a column to proceed with the paving and a column that indicates not to proceed. 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 this alley, Special Assessment 1376.' Mr. Tonkinson 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. Olkowski 2nd 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 its meeting of April 11, 1989. • Mr. Olkowski made a motion to adjourn which was seconded by Mr. Shonk. The Chair adjourned the meeting at 7:45 P.M. ames S. Tonkinson Engineer for the Board JST:dt Attachment: cc: Joel M. Asprooth Rirsten Davis Kathy Brown Herb Hill 0 NAME SIGNATURE. ADDRESS (Please Print)- rPM,10 k lw� otoh .�I AAA • 1 I � I 1 I I I i