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HomeMy WebLinkAboutORDINANCES-1984-058-O-8458-0-84 AN ORDINANCE. , FOR THE CONSTRUCTION OF A LOCAL IMPROVEMENT KNOWN AS EVANSTON SPECIAL ASSESSMENT NO. 1356: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLT.NOIS:-. Section 1: That a local improvement shall b-V made within the City of Evanston, County of Cook and State ot'Illinois, the nature, character, locality and description of w4hich is'as follows, to -wit: The public alley in the block bounded by Milburn Street on the north, Lincoln Street on the south, Sherman Avenue on the west and Orrington Avenue one the east in the City of Evanston be improve:d.,by excavating, constructing the necessary dras-nage system, and paving with 8" Portland Cement: pavement to a width of thirteen feet (13'). 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 Seventeen Thousand Sixty-nine and 40/100 Dollars ($17,069.40) 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. 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 (70) per annum from the date of the'first voucher issued on account of work done upon said proposed improvement; 0 • 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 centunn , 7.0 ) per annum, parable aagually and signed on behalf of the City of Evanston, I11•inois, 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 bea.r the -official or facsimile signature of the same officers who'_signed 'said bonds and who if facsimile signatures are used,.`. Sp 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 issuec-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 C-ode," effective July 1, .1961 arxd the Amendments thereto; •. Section 6: That James Tonkinson, Acting 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 stops 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 of the City of Evanston, Illinois, on the day of A 4,y_ 1984. City Clerk APpr 9 1984. / Mayor TA4 y A- roved as to IA` rney for the Board of Local Im- provements of the City of Evanston, Illinois. _2- 0 r • 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, providing that public alley in the b`%o6k bounded by Milburn Street on the North, Lincoln Street on the South, Sherman Avenue on the West and Orrington Avenue on the East in tht, City of Evanston, be improved by excavating, constructing the necessary drainage sy.•s'tem, and paving with 8" Portland Cement Concrete pavement to a width' -of thirteen feet Said improvement to be constructed in detail as specifiedja.n aforesaid• Resolution. I herewith submit an estimate of cost of such improvement a.,�,, described in said Resolution, including labor, materials and all other'•'i:Awful 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 153 Cu.Yd. Special Excavation '$ 10.00 $ 1.,530.00 10 Cu.Yd. Trench Backfill 12.00 i20.00 65 Sq.Yd. Top Soil Placement 2.00. 130.00 456 Sq.Yd. Portland Cement Concrete Pavement 8". 25.00 11,400.00 10 Lin.Ft. Storm Sewer, Type 2, 10" 20.00. 200•.00 1 Each Manhole -Catch Basin, Type A, 4' Dia. . Type 5 Frame, Open Lid ° 1,200.00 1,200,;00 1 Each Catch Basin to be Adjusted 150.00 150.00 1 Each Frames and Lids, Type 5, Open Lid 150.00. 150.00 26 Sq.Yd. Driveway Pavement Removal 4.00• 104.00 65 Sq.Yd. Sodding 2.00 130*00 10 Ton Crushed Stone, Grade CA-14 9.00 90.00 456 Sq.Yd. Protective Sealer 1.00 456.00 Cost of Engineering Services . . . . . . . . �$ 704.70 For Lawful Expenses, etc. . . . . . . . . . 704.70 . . . . . . . . . . . . . . . . $ 1,409.40 RECAPITULATION Total Cost of Construction . . . . . . . . . $15,660.00 Cost of Engineering Services . . . . . . . . . . . 704:70 For Lawful Expenses, etc. . . . . . . . . . . . . . . 704.70 Total Cost of Improvement . . . . . . . . . _ . . $17,069.40 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. • Jnqineer f1fC�. Tonkinson• for the,Baard of Local Improvements CITY OF EVANSTON CITY COUNCIL MEMORANDUM Wor Information Only Scheduled For Committee Consideration 4/23/84 Committee Administration & Public Works . Scheduled For Council Consideration 4/23/84 Introduction X Adoption April 16, 1984 TO: Chair and Members Administration and Public Works Committee FROM: Board of Local Improvements James S. Tonkinson, Acting President SUBJECT: RECOMMENDATION ON PAVING PETITION S.A. 1356 PUBLIC ALLEY NORTH OF LINCOLN, EAST OF SHERMAN .• The Evanston Board of Local Improvements, acting under legal mandate., has met to consider a petition requesting the paving of the alley in the block bounded by Lincoln on the south, Milburn on the north, Sherman on the west and Orringt6n on the east. This project has been designated as Special Assessment Petition S.A. 4.1356. The -Board in- structed that plans and specifications be prepared in order to ev,aiiiate the proposed. improvement. The project would include the construction of an 8 cbncrete pavement throughout the length of the designated alleyway and estimates for the project'were •completed. The necessary notices and public hearings have been completed by the Board and all legal requirements have been met. Having completed a full review of all per- tinent factors, the Board of Local Improvements is prepared to recpmmend to the City Council that the project proceed and that an ordinance be adopted`'to assess the cost to the abutting owners. This recommendation is in accordance with'the petition for the work and the expressed wishes of those persons who have communicated with the Board. The factual information about the project is as follows: ALLEY PAVING PROJECT Alley North of Lincoln and East of Sherman Special Assessment #1356 Project Proposal: The alley would be paved beginning at Milburn•ahA running south and then west for 80 feet to the end of said aliby, The new pavement would be an 8" concrete section with drainage sloped to the center of the.slab. The elevation of the pavement would be lowered to allow positive drainage from the abutting properties. Cost Factors: The 13' wide paved section would extend for a length of 279.3' at an estimated cost of $17,069.40. This total Cest would be assessed to the abutting property owners under the City policy of full assessment for alley improvements. The assessed cost per running foot of property would be $37.,00 per foot. Disposition: Adopted Not Adopted Held Over To Administration & Public Works Committee' age 2 Notification and Hearing: The petition circulated by Mr. Donald Cbllins,•t'=; 714 Milburn, was received by the Board of Local Impro.gements on June 21, 1983. The petition contained the signaturea.of 97% of those persons who would be assessed for the improvemen-t'. Follow- ing legal notifications, a Public Hearing was conduct2d..on April 12, 1984, to explain the project and receive public cQ%iments about the project. All three persons from the neighborhoQd.that attended the hearing were in favor of the project. There was'.never any recorded opposition to Special Assessment #1356. Fo•17:.o%ving the Public Hearing, the Board of Local Improvements consid;red and. unanimously approved a resolution which supported the paving. of the alley as petitioned. The Board further voted.tliat the project be forwarded to the City Council with a recommendation' for passage of an enabling ordinance. All of the supporting, , documentation is provided for City Council review and eonsidera= tion. Recommendation: The Board of Local Improvements recommends that Special Assess- ment #1356 be approved and that the ordinance authorizing the work be adopted by the City Council. J es S. 4Tonkinson cting President Board of Local Improvements JST:dt cc: Mayor and City Council • �w ALLEY PAVING - SPECIAL ASSESSMENT 1356 North of Lincoln Street, East of Sherman Avenue FACT SHEET 1. Petition circulated by Mr. Don Collins, 714 Milburri'Street. Received by Engineering Department June 21, 1983.,:.• 2. Petition accepted by Board of Local Improvements. 97% of abutting property owners signed the petition'dn July 12, 1983. 3. Plans, specifications, estimate and resolution appro1ed by j the Board of Local Improvements March 12, 1984. " 4. Public Hearing set for April 12, 1984 Set on March 12, 1984 by Board of Local Improvements. ' 5. Width of alley right-of-way - 14'0". Width of proposed alley pavement - 13'0". Length of proposed alley pavement - 279.3'.. • 6. Total cost of project $17,069.40. Unit cost per assessable foot using depth factors $37.00. Cost per running foot $61.12. ' 7. Assessable footage 461.382' due to application of depth factors. MINUTES OF THE BOARD OF LOCAL IMPROVEMENTS Board Members Present: Robert Shonk, Finance Director Paul Wagner, Superintendent of Water & S;ewer Patrick Gordon, Superintendent pf'Streets. James S. Tonkinson, Acting Pres$cent/Engineer for the Board Board Members Absent: None , Others Present: See Attached Sheet • The Board held a public hearing for the paving of the alley,within•the block bounded on the north by Milburn Street, on the south'by Lincoln Street, on the east by Orrington Avenue and on the west b' Sherman Ave- nue, Special Assessment 1356, at 7:00 P.M. in Room 2402 of the Civic Cen- ter located at 2100 Ridge Avenue, Evanston, Illinois, on April 12,.1984. The Chair called the meeting to order at 7:10 P.M. Mr. tonkinson intro- duced the members of the Board. • Mr. Tonkinson explained the reason for the meeting and thatthis would be the owners of the parcels affected by the paving only ch.ance to register their position as to whether the Special Assessment proceedinqs should progress and that at the end of the meeting, a vote would be taken to determine the course in which the Board would proceed. He then stated that the reason for the public hearing is to gather facts and make a recommendation to the City Council concerning the paving of -this alley. The Chair then outlined the Special Assessment process and'the need for strict adherence to the state statutes and the necessary l.ggal notices. The Engineer for the Board then described the scope of the. project, the materials to be used in the paving of the alley and the restoration of adjacent areas that are disturbed during construction and also indi- cated that encroachment letters would be sent out to property owners that have objects within the alley right-of-way well in advance of any construc- tion should the necessary steps to bring about the paving•be continued. . The Special Assessment procedures were discussed and the manner of deter- mining the assessment for the properties with'the Chair indicating th'at depth factors were used to equalize the benefits. Mr. Shonk explained the billing procedures for the Special Assessment and• answered questions concerning methods of payment. The Engineer for the Board in answer to a question indicated that construction for the project 0 -2- could take place in August of this year.. Mr. Collins, the circulator of the petition requested information concerning the possibility of the residents contracting out:the w:oxk themselves within the ten day statutory period allowed by,the Illinois State Statutes. In reply, the Chair indicated that the citizens affected by the assessment would have ten days from the published.;ra ice o€.the intent to award in order to enlist the services of a contractor which would have to be approved by the city and monies for the.c.ontract'set aside to assure the necessary payments. He also indicated.i.that in .the recent past that the citizens had not taken advantage of this provision and therefore the Board would have to seek a legal opinion ,•is to the ' proper mechanics and whether the procedures for special as'sessmentS need be carried out. o.. The Chair then requested further inquiries or need for clarifications and there being none directed those present to vote and register their desire as to whether the special assessment process should proceed by marking the appropriate column on the sign -in sheet. Having reviewed the vote which indicated that of the thr4,e.people present, all were in favor of proceeding and taking into consideration that 97% of the abutting property owners signed the petition to initiate the proceed- ings for paving the alley, the Board voted unanimously and affixed their signatures to the adhering resolution recommending the introduction of an ordinance to the City Council. There being no further business, the Chair adjourned the meeting at.7:50 P.M. '_ Z_400:6--� .. ames S. Tonkinson City Engineer JST:dt CC.* Joel M. Asprooth Lu Zemba Sharon Eisemnn Sandra Gross • \ •W j NAME .--Oease Print) SIGNATURE-. ---�YES - ADDRESS- RESS PROCI 0 7 I , i • 'i • • • NOTICE OF TIME AND PLACE OF PUBLIC HEARING The Board of Local Improvements of the City of Evanston h'as.-addpted'a Resolution for a local improvement to be made in the City bf*Evanston, County of Cook and State of Illinois, providing in substance as follows: That public alley in the block bounded by Milburn Streit on the north, Lincoln Street on the south, Sherman Avenu2.•on thet, west and Orrington Avenue on the east in the City of;:'•Evanston, be improved by excavating, constructing the necessarjt••drainage system, and paving with 8" Portland Cement pavement t''a width of thirteen feet (13'). Said improvement to be constructed in detail as spec i led in aforesaid Resolution. The estimated cost of said improvement, as made by the Engineer for the Board of Local Improvements of the City of Evanston, is as follows.:' QUANTITY UNIT ITEM UNIT'PRICE r . 153 Cu.Yd. Special Excavation $ 10.00 10 Cu.Yd. Trench Backfill 12.00 65 Sq.Yd. Top Soil Placement 2.00 456 Sq.Yd. Portland Cement Concrete Pavement 8" 25.00 10 Lin.Ft. Storm Sewer, Type 2, l0" 20.00 1 Each Manhole -Catch Basin, Type A, 4' Dia. r• Type 5 Frame, Open Lid 1200.00 1 Each Catch Basin to be Adjusted 150.00 1 Each Frames and Lids, Type 5, Open Lid 150:00 26 Sq.Yd. Driveway Pavement Removal 4.•00 65 Sq.Yd. Sodding 2.00 10 Ton Crushed Stone, Grade CA-14 9.00 456 Sq.Yd. Protective Sealer 1.00 Ell Construction Cost . . . . . . . . . . . . . . $15,660.00 Engineering . . . . . . . . . . . . . . . . . 704.70 • Legal . . . . . . . . . . . . . . . . . . . • . 70.4.70 Total Cost . . . . . . . . . ... . . . $17,069.40 • Page 2 Notice of Time and Place of Public Hearing - Alley north of, Lincoln Street, ' east of Sherman Avenue ' Notice is hereby given that the Board of Local Improvements..of the.City of Evanston, has fixed April 12, 1984 at the hour of 7:00 j4,M., C;S.T. in Room 2402 in the Civic Center in Evanston, Illinois, as.the time and place for the public consideration thereof; that the extelhj�; nature, kind, character and estimate of cost of said improvement may be`changed .by the Board of Local Improvements at said public hearing; and th'&t if, upon ' hearing, the Board of Local Improvements shall deem said improvement desirable, a Resolution therefore will be adopted and an -Ordinance there- upon prepared and submitted to the City Council of the City of Evarj.ston l in accordance with law. Dated in Evanston, Illinois March 21, 1984 • Evanston Review i April 5, 1984 t V�• Robert Shonk, Secretary Board of Local Improvements 1 Three Certified Copies Requested • ADHERING RESOLUTION OF THE BOARD OF LOCAL IMPROVEMENTS-- RECOMMENDING THE IMPROVING OF THE PUBLIC ALLEY NORTH OF LINCOLN STREET AND EAST...OF SHERMAN AVENUE _J . _ SPECIAL ASSESSMENT NUMBER 1356'•- WHEREAS, on the 12th day of July, 1983.;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 Milburn Street on the north, Lincoln Street on the south,' Sherman Avenue on the west and Orrington Avenue on the east in the City of -Evanston be improved b�l-'e :cavating, constructing the necessary drainage system, and paving with 8" Portland Cement pavement to a width: -of thirteen feet (13'). WHEREAS, a public hearing was held by.this Board on the 12th day of April, 1984 on the question of.•.:the necdssity 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 on the 12th day of July 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 sig;i the Recommendation attached to the said ordinance, 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 f-O:r••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 r6commendation, 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 19184. BOARD OF LOCAL IMPROVEMENTS of the City of Evanston' , Illinois. By 1 Constituting a mAjbrity of the members of said Board. FILED IN MY OFICE: this day of , 1984. ` Secretary ApprCvv as to for. Attorney for the Board of Local Improvements of the City of Evanston, Illinois. -2- 0