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HomeMy WebLinkAboutORDINANCES-1984-059-O-84• :7 59-0-84 AN ORDINANCE. FOR THE CONSTRUCTION OF A LOCAL IMPROVEMENT . KNOWN AS EVANSTON SPECIAL ASSESSMENT NO. 1357•' 4 . r w BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLjNOIS:*. Section 1: That a local improvement shall b� 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: The public alley in the block bounded by Church Street on the north, Davis Street on the south, Fowler Avenue on the west and Pitner Avenue south, the' east in the City of Evanston, be improved 1�.y,.; excavating, constructing the necessary drainage system, and paving with 8" Portland Cement, -concrete Pavement to a width of fifteen feet 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 -Eight Thousand One Hundred Seventy-five and 14/100 Dollars ($68,175..14) being the cost of making and collecting the Assessment an•d•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 Mayj29, 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 b.(�..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; 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 cents fii `(7% ) per annum, payable. a•"ual ly and signed on behalf of the City of Evanston, Ill'i.nois, by its Mayor and attested by its City Clerk and its corporate seal affixed thereto; and each interest coupon attached to s-aid bonds shall likewise be executed by and shall bear the.,official or facsimile signature of the same officers who,;is.igned said bonds and who if facsimile signatures are usedR;'.d'o 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 issUe&:ln 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 l:''*1961 and the Amendments thereto; Section 6: That James Tonkinson, Acting President of the Board of Local Improvements of the City of Evanston, Il.finois, be and he is hereby directed to file a Petition in the County Court of Cook County, Illinois, praying that step's may be taken • to levy a Special Assessment to pay the cost of'�.said improvement in accordance with the provisions o.f.-.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 Illinois, on the ']�k day of A p p v e d, � 1984. Mayor /U r.O,n of the City of Evanston, 1984. City:Clerk proved as form: .orney for e Board of Local Im- provements of.the City of Evanston, Illinois. -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 Improvement$ of the City of Evanston, heretofore adopted, providing that public alley in the block ' bounded by Church Street on the North,. Davis Street on the'South, Fowler Avenue on the West and Pitner Avenue on the East in the City of INAnsbon, be improved by excavating, constructing the necessary drainage system, and paving with 8" Portland Cement Concrete Pavement to a -width of fif- teen feet (15'). Said improvement to be constructed in deiail as.*.specified in aforesaid Resolution. ' I herewith submit an estimate of cost of such improvement --is described in said Resolution, including labor, materials and all other....lawful expenses attending the proceedings for making said improvement and; -.the cost of mak- ing and collecting the assessment therefore as provided by"'law, viz: ESTIMATE OF COST QUANTITY UNIT ITF14 UNIT•PRICE COST 78 In.Dia. Tree Removal, Special (6" to 15") $ 20.00 $1,560.00 18 In.Dia. Tree Removal, Special (over 15") 25.00 450.00 423 Cu.Yd. Special Excavation ; 10.00 4,230.00 670 Cu.Yd. Trench Backfill ►" . 12.00 8,040.00 2 Ton Bituminous Concrete Surface Course,;.,:,` • Class I 50.00 100.00 1042 Sq.Yd. Portland Cement Concrete Pavement- 810. 25.Q0 26,050.00 488 Lin.Ft. Storm Sewer, Type 2, 10" 20.00 9,760.00 211 Lin.Ft. Storm Sewer, Type 2, 12" 25.00 5,275.00 3 Each Catch Basin, Type A, 4' Dia. Type 5 Frame, Open Lid 1000.00 3,000,.,00 1 Each Manhole -Catch Basin, Type A, 4' Dia. Type 5 Frame, Open Lid 1200.00 1,200.00 1 Each Manhole, Type A, 4' Dia., Type I Frame, Closed Lid 1200.00 1,200:*00 15 Sq.Yd. Pavement Removal and Portland Cement.. Concrete Replacement, Special, 9" 30.00 450.00 21 Ton Crushed Stone, Grade CA-14 9.00 189.00 , 1042 Sq.Yd. Protective Sealer 1.00 1,042.00 Cost of Engineering Services . . . . . . . ..; $2,814.57 For Lawful Expenses, etc. . . . . . . . . 2,814.57 . . . . . . . . . . . . . . . . . . . . .. . . . . . $ 5,629.14 RECAPITULATION Total Cost of Construction . . . . . . . . . . . . . . $•62,546..00 Cost of Engineering Services . . . . . . . . . . . 2,814.57 For Lawful Expenses; etc. . . . . . . . . . . . . . . 2,814.57 Total Cost of Improvement . . . . . . . . . $68,175.14 -2- I hereby certify that in my opinion the above estimate does not exceed the probable cost of the above proposed improvement and the.lawfidT-ex= penses attending the same. i )ngineer es S. Tonkinson for the Board_qf Local Improvements• • CITY OF' EVANSTON CITY COUNCIL MEMORANDUM For Information Only Scheduled For Committee Consideration 4/23/84 Committee Administration' and Public Works Scheduled For Council Consideration 4/23/84 Introduction X Adopt'ion 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. 41357 • PUBLIC ALLEY BETWEEN.DAVIS AND CHURCH LYING IN BLOCK EAST OF FOWLER AVENUE The Evanston Board of Local Improvements, acting under legal mandate, has mkt to consider a petition requesting the paving of the alley in the block bounded -by Davis on the south, Church on the north, Fowler on the west and Pitner on the east. This project has been designated as Special Assessment Petition S.A. #1357. The Board �nstructed.that plans and •specifications be prepared in order to evaluate the proposed improvement. The project would include the construction of an 8" concrete pavement througPiDut�- 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 pertinent factors,'the Board of Local Improvements is prepared to recommend to the City Council that the project proceed and that an ordinance be adopted to assess the cost to the abutting owners. This recommenda- tion 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 Davis and East of Fowler Special Assessment #1357 Project Proposal: The alley would be paved beginning at Davis and 'running north to Church Street. 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 15' wide paved section would extend for a length of 594.05' at an estimated cost of $•68,175.14. This total Bost would be assessed to the abutting property owners under tke City policy of full assessment for alley improvements. The assessed cost per running foot of property would be $54.68 per foot. -Disposition: Adopted Not Adopted Held Over To ' Administration and Public Works Committee Page 2 , Notification and Hearing: The petition'circulated by Mrs. Dorothy Bryson•'"", 1633 Fowler Avenue, was received by the Board of LocalrImprove- ments on March 12, 1984. The petition contained the -signatures of 640 of those persons who would be assessed for the -improvement. Following legal notifications, a Public Hearing was conducted.,on April 12, 1984, to explain the project and receive pudic comments about the project. All six persons from the neighborhood that - attended the hearing were in favor of the project. There was' never any recorded opposition to Special Assessment *1:'357._ Following the Public Hearing, the Board of Local Imprdiv,ements'. considered and unanimously approved a resolution which supported the paving of the alley as petitioned. The Board furtFier voted that the project be forwarded to the City Council witli.`a recommenda- tion for passage of an enabling ordinance. All of the supporting documentation is provided for City Council review andoeonsideration. Recommendation: The Board of Local Improvements recommends that Special Assessment #1357 be approved and that the ordinance authorizing the work be adopted by the City Council. a GcJ fes.Tonkinson ting President Board of Local Improvements JST:dt cc: Mayor and City Council 0 I ALLEY PAVING - SPECIAL ASSESSMENT 1357 North of Davis Street--, East of Fowler Avenue FACT SHEET 1. Petition circulated by Mrs. Dorothy Bryson, 1633 Zowler Avenue. 2. Petition accepted by Board of Local Improvements.. ' 64% of abutting property owners signed the petition',j.' 3. Plans, specifications, estimate and resolution approtied by 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. v ' 5. Width of alley right-of-way = 16'0". Width of propp.sed alley pavement - 15'0". Length of proposed alley pavement— 594.05'. • 6. Total cost of project $68,175.14. Unit cost per assessable foot using depth factors = $54.68. Cost per running foot - $114.77. 7. Assessable footage 1246.729 due to application of depth factors. i i i s' April 16, 1984 MINUTES OF THE •. BOARD OF LQCA.� IMPROVEMENTS Board Members Present: Robert Shonk, Finance Director Paul Wagner, Superintendent of Water & Sewer Patrict Gordon, Superintendent of Streets` James S. Tonkinson, Acting President/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 Church Street, on the south by Davi-s'Street,. on the east by Pitner Avenue and on the west by Fowler Avenue, Special Assessment 1357, at 7:45 P.M. in Room 2402 of the Civic Center located at 2100 Ridge Avenue, Evanston, Illinois, on April 12, 1984. . The Chair called the meeting to order at 7:55 P.M. Mr. Tonkinson intro- duced the members of the Board. Mr. Tonkinson explained the reason for the meeting and that•this would be the owners of the parcels affected by the paving only'chance to register their position as to whether the Special Assessment proceedings 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 legal 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 end also indi- cated that encroachment letters would be sent out to property owners that have objects within the alley right-of-way well in advancp.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 tliat depth factors were used to equalize the benefits. • A y In answer to the billing process for the special assessmert project, Mr. Shonk used an example of $500.00 as principal payment and described how the seven percent annual simple interest is applied per payment. -2- ; In answer to an inquiry, gineer"for the Board indicated thdt;it' q ry, the En would take approximately twenty working days to complete the project and that the alley would be completely closed for ten calendar days in order to allow for the curing of the concrete and the application of a protective coat. The Chair in answer to the inquiry as to how the payment�.-.,•..would be handled if an individual wishes to sell his property replied that .it is a matter between the buyer and seller and the special as§e�sment is a lien against the property. He suggested that either the seller's price could be reduced in consideration of the payments or the se.1ler could make total payment so as to unencumber the title but in &Ly..'case the attorney for the seller and the buyer should advise both parties. The Chair then requested a vote be taken and of the six individuals present, all six were in favor with proceeding with the special assess- ment. Having reviewed the vote and taking into consideration ttrat.64% of•'the • abutting property owners had signed the initiating petition' and having heard no reason not to proceed, the Board voted unanimously to recommend that an ordinance be drawn up to be introduced to the City.Council for the paving of this alley. In addition, all members present affixed their signatures to the adhering resolution. There being no further business, the Chair adjourned the meeting at 8:25 P.M. games S. Tonk City Engineer JST:dt cc: Joel M. Asprooth Lu Zemba Sharon Eiseman Sandra Gross • f 9 . NAME .,... (Please. Pant) .SIG NATURE. ADDRESS- /-- R� I�LboN Ayo R 5 ��+. �a-it-+rf� ��O? V/L 11 J PROCt YES � x NOTICE OF TIME AND PLACE OF PUBLIC HEARING The Board of Local Improvements'of theCity of Evanston has adopt,a Resolution for a local improvement to be made in the City of•Evanston, County of Cook and State of Illinois, providing in substance as follows: That public alley in the block bounded by Church Street on the north, Davis Street on the south, Fowler Avenue on tk�r-west and Pitner 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*ai�idth of fifteen feet (15'). ' Said improvement to be constructed in detail as spec2-,red 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 • 78 In.Dia. Tree Removal, Special (6" to 15") y $ 20.00 18 In.Dia. Tree Removal, Special (Over 15") 25.00 423 Cu.Yd. Special Excavation 10:00 670 Cu.Yd. Trench Backfill 12.00 2 Ton Bituminous Concrete Surface Course, ' Class I 50:00 1042 Sq.Yd. Portland Cement Concrete Pavement-8" 25.00 488 Lin.Ft. Storm Sewer, Type 2, 10" 20.00 211 Lin.Ft. Storm Sewer, Type 2, 12" 25.00 3 Each Catch Basin, Type A, 4' Dia. Type 5 Frame, Open Lid 1000.00 1 Each Manhole -Catch Basin, Type A, 4' Dia. Type 5 Frame, Open Lid 1200.00 1 Each Manhole, Type A, 4' Dia., Type I Frame, Closed Lid 1200.00 15 Sq.Yd. Pavement Removal and Portland Cement Concrete Replacement, Special, 9" 30.00 21 Ton Crushed Stone, Grade CA-14 9.00 1042 Sq.Yd. Protective Sealer 1.00 Construction Cost . . . . . . . . . . . . $62,546.00 Engineering . . . . . . . . . . . . . . . . . 2; 814.57 Legal . . . . . . . . . . . . . . . . . . . . . . 2,814.57 Total Cost . . . . . . . . . . . . . . . . $68,175.14 Page 2 Notice of Time and Place of Public Hearing - Alley north of•Davis Street, east of Fowler Avenue Notice is hereby given that the Board of Local Improvemerit's.•of the City of Evanston, has fixed April 12, 1984 at the hour of 7:45 P`M1 , 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 extent, nature, kind, character and estimate of cost of said improvement may be changed by the Board of Local Improvements at said public hearing; and that if, upon hearing, the Board of Local Improvements shall deem said'iinkovement desirable, a Resolution therefore will be adopted and an Ordinance -there- upon prepared and submitted to the City Council of the City.of Evanston in accordance with law. • Dated in Evanston, Illinois March 21, 1984 Evanston Review April 5, 1984 Robert Shonk, Secretary Board of Local Improvements Three Certified Copies Requested ADHERING RESOLUTION OF THE BOARD OF LOCAL IMPROVEMENTS• RECOMMENDING THE IMPROVING OF THE PUBLIC ALLEY NORTH OF DAVIS STREET AND EAST.QF..FOWLER AVENUE SPECIAL ASSESSMENT NUMBER 1357" WHEREAS, on the 12th day of :larch, 1983 a Resolution was adopted by the Board of Local Improvements.'of the'. City of. Evanston, originating a local improvement in s.MZ City by providing for the following: . That the public alley in the block bounde.d::':by Church Street on the north, Davis Street on the south, Fowler Avenue on the west and Pitner 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 12th day of April, 1984 on the question of —the necessity of the proposed improvement, and • WHEREAS, all persons interested in said ro osed P P 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 resolutioi-•.adopted on the 12th 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, recommenaing 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 saidimp,rovement as attached thereto together with the recommendation of this Board. of Local Improvements, and that copies of said recommendation, estimate and ordinance be g-laced on file in the,• -record,& -;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 120r day of 4,i�li 1984. BOARD OF LOCAL IMPRQVEMENTS of the City of Evanston;.. Illinois. � /% - � •:. By'li�''�tCi� V�J N Constituting a majority of the. members of said Board. FILED IN MY OFICE: this day of 1984. Secretary App owed as to form: Attorney for the Board of Local Improvements of the City of Evanston, Illinois. -2- 0