Loading...
HomeMy WebLinkAbout04.28.14 Town Board Packet EVANSTON TOWNSHIP BOARD OF TRUSTEES MEETING Monday, April 28, 2014 7:30 p.m. City Council Chamber – 2nd Floor 2100 Ridge Avenue Evanston, IL. 60201 This meeting of the Township Board of Trustees will proceed to hear, consider, and decide on such measures as may, in pursuance of law, come before the meeting and especially to consider and decide the following: AGENDA 1. Call to Order / Declaration of Quorum: Township Clerk 2. Approval of Minutes of the December 9, 2013 Town Board meeting 3. Approval of Minutes of the April 8, 2014 Annual Town meeting 3. Citizen Comment 4. Recognition of Township Employees 5. Resolution 1T-R-14 Evanston Township Dissolution For Action 6. Other Business 7. Adjournment 1 of 20 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, December 9, 2013 Roll Call: Trustee Grover Trustee Braithwaite Trustee Rainey Trustee Wilson Trustee Burrus Trustee Holmes Trustee Wynne Trustee Tendam Trustee Fiske Presiding: Chairperson Elizabeth Tisdahl Town of Evanston Board Meeting minutes 9/23/2013 and 9/25/2013 were moved and 2nd with a unanimous voice vote the minutes were approved. Citizen Comment Junad Rizki, 2784 Sheridan stated the budget once again is to confuse the taxpayer as what is really going on in the City. He also stated the City Manager is not managing the budget of the Township. Jackie April, 1458 Chicago Ave. stated the Township and the City should remain separate entities. She also read a list of services the Township provides and felt the City could not deal with the clients as well as the Township does. Madelyn DuCree, Foster Street stated the Township should not be abolished as well as many of the people in Evanston believe the same. Betty Ester, 2031 Church Street stated the Ordinance 105-O-13 should be withdrawn from the ballot by the Council. Ordinance 4T-O-13 Township Budget was motioned vote of 10 – 0 the motion passed. Resolution 2T-R-13 was proposed for the appointment of Township Assessor, then Mr. Bobkiewicz then motioned for approval of the appointment for approval by the Township Board Chairperson Tisdahl and it was seconded. With a Roll Call of Bonnie Wilson After having dealt with all concerns and comments the Chairperson called for adjournment and it was seconded. With a unanimous Voice vote the meeting was ended at and the Roll Call for the Council was performed and with a quorum being present the Mayor called the meeting to order. A motion was asked for adjournment by the Mayor and it was so moved and seconded. With a unanimous Voice Vote the Regular Meeting of the City Council was adjourned at 8:20 P.M. Submitted Rodney Greene Hon. Rodney Greene, MMC /Township Clerk Moderator: Hon. Elizabeth Tisdahl 2 of 20 Minutes December 9, 2013 Page 2 of 9 Roll Call: Alderman Grover Alderman Braithwaite Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Aldermen Wynne Fiske and Tendam Presiding: Mayor Elizabeth Tisdahl The Regular Meeting of the Evanston City Council convened to order after a Roll Call was performed that demonstrated the necessary quorum at 8:21 P.M. Mayor Public Announcements: Mayor Tisdahl announced the Holiday Food Basket Donation procedure and where to deliver a toy or check. City Manager Public Announcements: Mr. Bobkiewicz called Emily Guthtree.to announce the Evanston First Night. Ms. Guthrie stated they had ordered premiere degree weather. She stated if you stand on the corner of Chicago and Lake a person could view all six venues and she thanked the Special Events Committee, the Fire and Police Departments for their assistance with this long awaited event to occur once again. She gave the price for tickets and there will not be any fireworks. Mr. Maiworm then announced the Christmas and New Year Holiday pickups: for Christmas Eve and day the pickup would be on Thursday, on New Year’s Eve there will be no pickup but will occur on Thursday a day late for all concerns. Mr. Bobkiewicz stated the City and Township offices will be closed December 24th and 25th as well as on New Years’ day (January 1st). He also announced the departure of Carolyn Dellutri from the employment of the Downtown Group. Mayor Public Announcements Holiday Food Basket Donations Communications: City Clerk City Clerk Greene had no communications this evening. The following persons spoke on Dickelle Fonda, 2nd ward on spoke against the proposed placement of cameras Emma Garl-Smith, 8th ward (Dobson) Jackie Newsome, Madelyn D, Childcare Network is the Executive Director, and she spoke on the Mental Health funding’s sharing with them is a necessary function to be continued. Betty Ester, 2031 Church Street Non-Agenda: Junad Rizki, 2784 Sheridan stated the new hire is another unwise spending of the tax dollars. He stated his art presentation will be submitted to Clerk Greene, to keep in his office. 10/24/2013 6:42 PM 3 of 20 Minutes December 9, 2013 Page 3 of 9 Items not approved on Consent Agenda: A12) Ordinance 130-O-13, Amending the Evanston City Code Relating to the City Waterworks System “Charges, Rates, Fees and Penalties” Staff recommends City Council approval of Ordinance 130-O-13 amending the Evanston City Code, Title 7, Chapter 12, relating to the City Waterworks System. Staff is recommending a ten percent (10%) water rate increase. This ordinance was introduced at the November 25, 2013 City Council meeting. For Action SPECIAL ORDER OF BUSINESS (SP1) Proposed Installation of Security Cameras Mayor Tisdahl wishes to discuss the proposed installation of security cameras along Dodge Avenue and Church Street to ensure safe passage for children walking to and from school. Police Chief Richard Eddington will provide a PowerPoint presentation on the proposed installation. Two community discussion meetings will be held on December 10 at the Levy Center and December 18 at the Fleetwood-Jourdain Center. Both meetings begin at 7 pm. For Discussion CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council meeting November 25, 2013 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 11/17/13 $2,698,450.84 (A2) City of Evanston Bills FY2013 12/10/13 $22,020,813.92 Credit Card Activity – Period Ending October 31, 2013 $ 149,937.52 For Action (A3.1) Approval of 2014 Contract with G&L Contractors, Inc. for Debris Hauling and Disposal (Bid 13-63) Staff recommends that City Council authorize the City Manager to execute a contract for debris hauling and disposal with G&L Contractors, Inc. (7401 N. St. Louis Avenue, Skokie, IL) in the amount of $155,540. Funding is provided by the Water Fund, Sewer Fund and Public Works General Fund Accounts, with a total budget of $159,000. For Action 10/24/2013 6:42 PM 4 of 20 Minutes December 9, 2013 Page 4 of 9 (A3.2) Approval of Contract Extension with Central Parking Systems The Transportation/Parking Committee and staff recommend that the City Council approve the first and second optional year contract renewal with Central Parking Systems (CPS) (200 E. Randolph Street, Suite #5475, Chicago, IL) for the management and operation of the three Downtown Parking Facilities from January 1, 2014 to December 31, 2015 for the not-to-exceed cost of $1,592,297 for 2014 and $1,640,032 for 2015. Funding is provided by the Parking Fund with a 2014 budget of $1,654,888. For Action (A4) Approval of Change Order #1 for Water Treatment Plant Master Flow Meter and Chemical Feed Improvements (RFP 12-151) Staff recommends City Council authorize the City Manager to execute Change Order No. 1 for the water treatment plant master flow meter and chemical feed improvements project with Baxter & Woodman, Inc. (39 S. LaSalle Street, Suite 816, Chicago, IL) in the not-to-exceed amount of $7,260, increasing the contract amount from $95,900 to $103,160.00. This change order will also extend the contract completion date by 14 months, from October 31, 2013 to December 31, 2014. Funding is provided by the Water Fund, Capital Improvement Account 733074.62140 which has a FY 2014 budget allocation of $950,000. For Action (A5) 2013 Post Bond Issuance Report Staff recommends the City Council review and place the 2013 Post Issuance Report on file. For Action (A6) Resolution 55-R-13, Approving Release of Certain Closed Session Minutes Recommend adoption of Resolution 55-R-13, releasing the closed session meeting minutes listed on Exhibit A and finding that a need still exists for confidentiality as to the minutes on Exhibit B. For Action Staff recommends review and adoption by the City Council of the following eleven (11) abatement resolutions (A7.1 to A7.11). The Resolutions will abate (decrease) the amount of the 2013 property tax levy needed to retire the outstanding general obligation debt. Generally, abated debt amounts are funded through sources other than property taxes such as TIF incremental revenue, water/sewer receipts, and parking garage revenues. The City’s total abatement for 2013 is $8,920,101. (A7.1) Resolution 72-R-13, General Obligation Debt Property Tax Abatement Staff recommends approval of proposed Resolution 72-R-13 abatement for General Obligation Bonds, Series 2006. For Action 10/24/2013 6:42 PM 5 of 20 Minutes December 9, 2013 Page 5 of 9 (A7.2) Resolution 73-R-13, General Obligation Debt Property Tax Abatement Staff recommends approval of proposed Resolution 73-R-13 abatement for General Obligation Bonds, Series 2006B. For Action (A7.3) Resolution 74-R-13, General Obligation Debt Property Tax Abatement Staff recommends approval of proposed Resolution 74-R-13 abatement for General Obligation Bonds, Series 2007. For Action (A7.4) Resolution 75-R-13, General Obligation Debt Property Tax Abatement Staff recommends approval of proposed Resolution 75-R-13 abatement for General Obligation Bonds, Series 2008B. For Action (A7.5) Resolution 76-R-13, General Obligation Debt Property Tax Abatement Staff recommends approval of proposed Resolution 76-R-13 abatement for General Obligation Bonds, Series 2008C. For Action (A7.6) Resolution 77-R-13, General Obligation Debt Property Tax Abatement Staff recommends approval of proposed Resolution 77-R-13 abatement for General Obligation Bonds, Series 2008D. For Action (A7.7) Resolution 78-R-13, General Obligation Debt Property Tax Abatement Staff recommends approval of proposed Resolution 78-R-13 abatement for General Obligation Bonds, Series 2010B. For Action (A7.8) Resolution 79-R-13, General Obligation Debt Property Tax Abatement Staff recommends approval of proposed Resolution 79-R-13 abatement for General Obligation Bonds, Series 2011A. For Action (A7.9) Resolution 80-R-13, General Obligation Debt Property Tax Abatement Staff recommends approval of proposed Resolution 80-R-13 abatement for General Obligation Bonds, Series 2012A. For Action (A7.10) Resolution 81-R-13, General Obligation Debt Property Tax Abatement Staff recommends approval of proposed Resolution 81-R-13 abatement for General Obligation Bonds, Series 2013A. For Action (A7.11) Resolution 82-R-13, General Obligation Debt Property Tax Abatement Staff recommends approval of proposed Resolution 82-R-13 abatement for General Obligation Bonds, Series 2013B. For Action 10/24/2013 6:42 PM 6 of 20 Minutes December 9, 2013 Page 6 of 9 (A8) Ordinance 127-O-13: City of Evanston 2013 Tax Levy Staff requests consideration of Tax Levy Ordinance 127-O-13, which levies the annual property tax for General Fund Operations, Illinois Municipal Retirement Fund, and Police and Fire Pension funds in the total amount of $26,696,210. This ordinance was introduced at the November 11, 2013 City Council meeting. For Action (A9) Ordinance 128-O-13: 2013 Special Service Area #4 Tax Levy Staff requests consideration of Tax Levy Ordinance 128-O-13, which levies the annual property tax for Special Service Area #4 in the amount of $377,548. This ordinance was introduced at the November 11, 2013 City Council meeting. For Action (A10) Ordinance 129-O-13: 2013 Evanston Public Library Tax Levy Staff requests consideration of Tax Levy Ordinance 129-O-13 which levies the annual property tax for the Evanston Public Library in the amount of $5,134,793. This ordinance was introduced at the November 11, 2013 City Council meeting. For Action (A11) Ordinance 5T-O-13: 2013 Evanston Township Tax Levy Staff requests consideration of Tax Levy Ordinance 5T-O-13 which levies the annual property tax for the Township of Evanston in the amount of $1,145,201. This ordinance was introduced at the November 11, 2013 City Council meeting. For Action (A13) Ordinance 133-O-13, Amending the Evanston City Code Relating to the Sanitation Service Charge for 95-Gallon Containers Staff recommends City Council adoption of Ordinance 133-O-13 amending Title 8, Chapter 4, Section 12, and Imposition of Sanitation Service Charges to increase the sanitation service charge to $17.95 per month for a 95 gallon cart. This ordinance was introduced at the November 25, 2013 City Council meeting. For Action (A14) Ordinance 131-O-13, One-Way East Traffic During Orrington School Drop- Off and Pick-Up Hours on Monticello Place between Orrington Avenue and First Alley West Staff recommends the adoption of the proposed ordinance 131-O-13 by which the City Council would amend Section 10-11-4, Schedule IV (A) of the City Code to establish one-way east traffic on Monticello Place between Orrington Avenue and the first alley west adjacent to Orrington Elementary School during drop-off and pick-up hours. Funding for signs is provided by the Traffic Control Supplies Account 2670.65115. This ordinance was introduced at the November 25, 2013 City Council meeting. For Action 10/24/2013 6:42 PM 7 of 20 Minutes December 9, 2013 Page 7 of 9 (A15) Ordinance 132-O-13, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Public Water Supply Loan Program Staff recommends approval of Ordinance 132-O-13 authorizing the City to borrow funds up to $2.3 Million from the Illinois Environmental Protection Agency (IEPA) Public Water Supply Loan Program for the construction of the 48” Diameter Intake Improvements Project. This ordinance was introduced at the November 25, 2013 City Council meeting. For Action PLANNING AND DEVELOPMENT COMMITTEE (P1) Resolution 71-R-13, Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement for the Main Street Transit Oriented Development Study and Plan City staff recommend that City Council approve Resolution 71-R-13 which authorizes the City Manager to execute an amendment to the professional services agreement with Parsons Brinckerhoff (230 W. Monroe, Suite 900, Chicago IL) to extend the contract term date from October 1, 2013 to March 31, 2014. There will be no additional cost incurred by the City for this extension. For Action (P2) Approval of 2014 Open Communities Landlord Tenant Program Grant The Housing & Homelessness Commission and staff recommend approval of a $35,000 grant to Open Communities to continue the Evanston Landlord Tenant Program. In 2013, the City of Evanston provided a grant of $30,000. This new grant would fund the continuation of services from January 1 through December 31, 2014. Funding is provided by the City’s Affordable Housing Fund, Account 5465.62770. For Action (P3) Ordinance 123-O-13 Granting Major Zoning Relief to Establish Open Parking in the Front Yard at 1912 Livingston Street The Zoning Board of Appeals and staff recommend approval of Ordinance 123- O-13 to allow one open parking space in the front yard at 1912 Livingston Street. For Introduction HUMAN SERVICES COMMITTEE (H1) Approval of Township of Evanston November 2013 Bills Township of Evanston Supervisor recommends that City Council approve the Township of Evanston bills, payroll, and medical payments for the month of November 2013 totaling $92,538.32. For Action Alderman Rainey motioned for approval of the Consent Agenda, and it was seconded as well as a Roll Call was done with a 9-0 vote for approval. 10/24/2013 6:42 PM 8 of 20 Minutes December 9, 2013 Page 8 of 9 Items for Discussion: A12) Ordinance 130-O-13, Amending the Evanston City Code Relating to the City Waterworks System “Charges, Rates, Fees and Penalties” Staff recommends City Council approval of Ordinance 130-O-13 amending the Evanston City Code, Title 7, Chapter 12, relating to the City Waterworks System. Staff is recommending a ten percent (10%) water rate increase. This ordinance was introduced at the November 25, 2013 City Council meeting. For Action Alderman Rainey motioned for approval and seconded by Alderman Tendam. Alderman Rainey stated she would support the Ordinance because of all the water vein breaks, and it costs money to repair them and she could not vote against it. A Roll Call was completed there was a 6-3 for (Aldermen Fiske, Braithwaite, and Holmes voted nay), and the motion passed. Call of the Wards Ward 9, Alderman Burrus had no report. Ward 1, Alderman Fiske she thanked Carolyn Dellutri for all her work and wished her well. She stated the window at GIGIO’s was kicked in by a Northwestern student the night before, but he returned and paid for the replacement of the glass. She then commented that we do have wonderful students at Northwestern. Ward 2, Alderman Braithwaite stated a meeting for the second Thursday of January, mentioned the death of Mr. Mandella. Ward 3, Alderman Wynne said good-by to Ms. Dellutri Ward 4, Alderman Wilson mentioned the passing of Joan Kelley. Ward 5, Alderman Holmes agreed to the comments about Carolyn. She invited all to her ward meeting, and thanked the Mayor for walking the neighborhood after each death that occurred in the 5th ward. Ward 6, Alderman Tendam congratulated Carolyn on her good work and advancement, but mentioned she will still be in the area, he suggested to involve her in the city activities. He thanked Kate Todd for the wonderful reception for the past and present Aldermen, Mayors and Clerks Ward 7, Alderman Grover thanked Carolyn for making downtown Evanston a place to be. Ward 8, Alderman Rainey dittoed concerning Carolyn’s unique way of getting things done. She suggested the transfer of the water bills onto the tax bills so it can be deducted It stays this 10/24/2013 6:42 PM 9 of 20 Minutes December 9, 2013 Page 9 of 9 A motion was asked for adjournment by the Mayor and it was so moved and seconded. With a unanimous Voice Vote the Regular Meeting of the City Council was adjourned at 9:35 P.M. Submitted by, Hon. Rodney Greene, MMC City/Township Clerk 10/24/2013 6:42 PM 10 of 20 ANNUAL TOWNSHIP MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Tuesday, April 8, 2014 Roll Call: Trustee Fiske Trustee Tendam Trustee Braithwaite Trustee Grover Trustee Wynne Trustee Rainey Trustee Wilson Trustee Burrus Trustee Holmes Presiding: Mayor Elizabeth Tisdahl Mayor Proclamations and Public Announcements Mayor Tisdahl read a proclamation honoring St. Mark’s Protestant Episcopal Church’s 150th Anniversary. She designated April 25, 2014 as St. Mark’s Day in the City of Evanston, and she presented the proclamation to the members who were in attendance. This was done just before the Annual Township Meeting was called to order. At 8:45 PM Township Clerk Greene called the Annual Township Meeting to order. He then read the news article calling for the meeting, and then laid down the groundwork for the moderator for the evening. He then asked for nominations from the floor for a moderator, and the moderator did not have to be an Elected Officials but had to be a registered Evanston resident. Trustee Grover nominated Liz Tisdahl and Trustee Wilson seconded. Joyce Borsotti nominated Trustee Mark Tendam and it was seconded from the floor. Mr. Bobkiewicz, Township Supervisor moved to close the nominations and it was seconded by Trustee Rainey. The Clerk asked for a shoe of hands for Liz Tisdahl was 30, and for Mark Tendam received 16 hands raised for his nomination. Clerk Greene then had Liz Tisdahl to stand as he had her raise her right hand to take the Oath of Office as the Moderator. The meeting was then turned over to the Moderator for the continuation of the meeting. Moderator Tisdahl then asked the Clerk to announce the publication of the Township meeting, and as he looked for the announcement Moderator Tisdahl asked for approval of the minutes of the 2013 Annual Township Meeting. It was seconded and approved with a correction on the second page concerning the AKA’s Chapter’s Name being misspelled. Moderator then asked for the financial from the Clerk, and he gave a reader’s digest version stating the Township was doing well by being in the black and not over spending. The Township Supervisor, Wally Bobkiewicz was asked by the Moderator to give the Supervisor’s Report. Mr. Bobkiewicz stated it was his privileged to have served as Supervisor since last October and have made many strides forward. He introduced Ms. 11 of 20 Evonda Thomas-Smith was responsible for the day-to-day operations of the GA Program. He also thanked Mr. Henry Colquitt for his assistance during this transition period. Ms. Thomas-Smith reported the success of assuring the GA clients had access to pharmaceutical programs, and services will continue in a professional way for the clients. Mr. Bobkiewicz then announced the certified results from Cook County for the dissolution of the Township. He suggested to formerly to formerly have a Township Meeting on April 28, 2014 to finalize the dissolving of the responsibilities of the Township and merge their responsibilities to the City. Hon. Bonnie Wilson, Township Assessor came forward to present her report concerning the successes of the Township Assessor’s Office under her directions for the past 4.5 years of service to the community. Her report will be on the website for all to view later. Upon completion of Hon. Bonnie Wilson’s report, Moderator Tisdahl presented her with a bouquet of flowers. Aldermen, Burrus, Tendam, and Holmes thanked Ms. Wilson for the good work and friendship that she shared with them. Citizen Comments: Kevin Johnson, 1458 Chicago Ave. spoke of his concern of the unemployment office’s change of policy in feeling out their required documentation for job searching. Betty Ester, 1352 Church St. spoke of the March 25th election that elected her as Township Supervisor. She stated the procedure that took place was a legal gathering. She stated there were 15 electors in the room and so it was a legal, not unofficial as the Township/City Clerk had stated via his recording that was played during the meeting. Madelyn DuCree, a resident of the 5th ward thanked Bonnie Wilson for her service to the community. She is very concerned with certain programs may be changed with the transition to the City from the Township. She wanted a plan for what will occur with the abolishment of the Township, and she is holding the Council and Wally accountable for the promises they made. Mitsey Gibbs, resident of Foster St., she was disturbed with the statement of having the clients going to Larry Sufferdin’s office for assistance. She explained the personal touch that the Township office have with the clients will not be the same in Mr. Sufferdin’s office. She stated, the “services of the Assessor’s Office is a necessary service for the Evanston clients” and should not be eliminated. Trustee Rainey commented that the accusation she has heard from the speakers concerning the elimination of the Assessor was hers and hers alone, and to stop beating up her fellow Council members, because they have not agreed with her statement concerning the Assessor. She believes the responsibilities of the Assessor’s office should be transferred to the City. Moderator Tisdahl asked if there was any other business for discussion for the Township, and hearing none a motion to adjourn was made and seconded and with a Voice Vote that was unanimous the Township Meeting was adjourned at 9:50 P.M. Submitted by, Hon. Rodney Greene, MMC Township Clerk 12 of 20 For Evanston Town Board meeting of April 28, 2014 Item #5 Resolution 1T-R-14: Discontinue Township Organization For Action To: Honorable Mayor and Members of the Town Board From: W. Grant Farrar, Corporation Counsel/Town Board Attorney Subject: Approval of Resolution 1T-R-14, Discontinue Township Organization Date: April 8, 2014 Recommended Action: Staff recommends Town Board approval of Town Resolution 1T-R-14 to discontinue, abolish, and cease Township operations as of April 30, 2014. Funding Source: n/a Summary: Section 1 of the ordinance is the legislative statement making certain findings of fact and law, and reciting the City’s authority under the Illinois Constitution, the Township Code, and the March 18, 2014 binding referendum result, to assume the general assistance, emergency assistance, and property tax advisory services currently exercised by the township. The other sections track language and provisions found in the companion City Ordinances 40-O-14 and 52-O-14. Legislative History: The Illinois General Assembly approved, and Governor Quinn signed into law, legislation which amended the Township Code to authorize a referendum question regarding the dissolution of Evanston Township. On March 18, 2014, the voters approved by a 63.56% affirmative vote, the discontinuation and abolishment of Evanston Township. ------------------------------------------------------------------------------------- Attachment: Resolution 1T-R-14 Memorandum 13 of 20 4/3/14 3/20/14 1T-R-14 A RESOLUTION TO DISCONTINUE AND ABOLISH THE TOWNSHIP ORGANIZATION IN EVANSTON TOWNSHIP AS OF 11:59 P.M, APRIL 30, 2014 WHEREAS, the City of Evanston and Evanston Township are coterminous, and the Township is a blended unit of local government within the City, with the City Council sitting as the Town Board and exercising all powers vested in it by law, 60 ILCS 1/15-50, 60 ILCS 1/80-5; and WHEREAS, section 5 of Article VII of the Illinois Constitution provides: Townships may be consolidated or merged, and one or more townships may be dissolved or divided, when approved by referendum in each township affected. ; and WHEREAS, the Township Code, Section 60 ILCS 1/27-5, 1/27-10, and 1/27-15, provide that the coterminous township within the boundary of Evanston, Illinois may be abolished upon the majority vote of the electors in the township; and WHEREAS, pursuant to 60 ILCS 1/27-10, the City Council of Evanston, lawfully approved ordinance 105-O-13 which authorized that a proposition to dissolve Evanston Township be placed on the ballot for the March 18, 2014 General Primary election (the “election”) to be held in the township; and WHEREAS, on March 18, 2014, following the Cook County Clerk’s placing the proposition on the ballot, 63.68% of the registered voters who cast ballots at the election in Evanston Township voted “Yes” to discontinue and abolish Evanston 14 of 20 1T-R-14 - 2 - Township. The Evanston Town Board hereby recognizes and notes the Cook County Clerk’s official election canvass of results recognizing said vote tally; and WHEREAS, the Town Board in its legislative capacity, formally recognizes that 5,065 affirmative votes were cast favor of the proposition to discontinue and abolish Evanston Township; and WHEREAS, in the case of coterminous Evanston Township, the legislative arm of the Township is the Town Board, and only the Board has the constitutional, statutory, and legislative authority to adopt this resolution, said resolution which recognizes and follows the electoral results and mandate delivered at the March 18, 2014 election, and WHEREAS, under the separation-of-powers doctrine, courts must respect units of local government, such that the Town Board’s legal authority and responsibility to adopt this resolution is entitled to high deference. See Board of Education of Dolton School District 149 v. Miller, 349 Ill.App.3d 806 (1st Dist. 2004); Moore v. Grafton Township, 2011 WL 3524417 (2nd Dist. 2011); and WHEREAS, the Town Board convened numerous meetings during 2011 to 2014, all properly noticed under the Township Code and the Open Meetings Act, to consider the question of township discontinuation; and WHEREAS, the Town Board, in its exercise of its constitutional and statutory authority, hereby states that the Township of Evanston organization shall cease, discontinue, and be abolished; and 15 of 20 1T-R-14 - 3 - WHEREAS, all persons desiring to be heard on these matters were heard, legislative findings made, a legislative Record created, and this matter was considered by the Town Board of the Township of Evanston, Cook County, Illinois. NOW THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF EVANSTON TOWNSHIP, COOK COUNTY, ILLINOIS, as follows: SECTION 1: Pursuant to 60 ILCS 1/27-15, and as authorized and mandated by the township electors at the March 18, 2014 election, the Evanston Township organization is hereby discontinued and abolished. The Township organization shall cease. SECTION 2: This Resolution 1T-R-14 shall be in full force and effect as of April 30, 2014. The effective date of the cessation, discontinuance, and abolishment of the Evanston township organization is 11:59 p.m., April 30, 2014. SECTION 3: The office of Town Clerk is abolished by operation of law. Pursuant to 60 ILCS 1/27-25, the City of Evanston Clerk is hereby directed to properly transfer to, and maintain all, records of Evanston Township in the City of Evanston City Clerk’s office. In accordance with 60 ILCS 1/5-60, the City Clerk shall send a certified copy of this resolution to the Illinois Secretary of State so that the name of Evanston Township be stricken from the state’s official record of townships. The City Clerk shall send a certified copy of this resolution to Cook County Clerk David Orr. In accordance with 60 ILCS 1/85-15, the City Clerk shall send a certified copy of this resolution to the Township Officials of Illinois. The City Clerk shall send a certified copy of this resolution to Cook County Board President Toni Preckwinkle, Cook County Commissioner Larry Suffredin, Cook County Assessor Joe Berrios, Commissioner 16 of 20 1T-R-14 - 4 - Michael Cabonargi of the Cook County Board of Review, and the Executive Director of the Illinois Municipal Retirement Fund. SECTION 4: The office of Township Supervisor is abolished by operation of law. Pursuant to 60 ILCS 1/27-15 and 1/27-20, all the rights, powers, obligations, and duties of the Township Supervisor shall by operation of law vest in and be assumed by the City of Evanston. SECTION 5: The office of Township Assessor is abolished by operation of law. Pursuant to 60 ILCS 1/27-15 and 1/27-20, all the rights, powers, obligations, and duties of the Township Assessor shall by operation of law vest in and be assumed by the City of Evanston. SECTION 6: Pursuant to 60 ILCS 1/27-15 and 1/27-20, effective 12:00 a.m. May 1, 2014, all the rights, powers, assets, property, obligations, and duties of Evanston Township shall by operation of law vest in and be assumed by the City of Evanston. Following the approval and adoption of this resolution, and the concurrent approval and adoption by the Evanston City Council of its ordinances 40-O-14 and 52- O-14, all duties and responsibilities of Evanston Township, and any township officer as provided in the Township Code, the Illinois Public Aid Code, and Property Tax Code, are vested in, and shall be exercised by, the City of Evanston. The effective date of the vesting and transfer of duties and responsibilities called for in this Section 6 shall be 12:00 a.m., May 1, 2014. SECTION 7: Pursuant to 60 ILCS 1/27-20 and 1/27-25, the City of Evanston is authorized to close up all unfinished business of the township, to sell and dispose of any township property for the benefit of the residents of the City of Evanston, 17 of 20 1T-R-14 - 5 - and to enter into an intergovernmental agreement or contract with Cook County or the State of Illinois to administer the duties and responsibilities of the Township and township officers for any township services, as necessary. SECTION 8: Pursuant to Article VII(10) of the Illinois Constitution, and the Intergovernmental Cooperation Act, 5 ILCS 220 et seq., the City of Evanston is authorized to enter into an intergovernmental agreement or contract with Cook County of the State of Illinois to administer the duties and responsibilities of the Township and township officers for any township services, as necessary. SECTION 9: All Evanston Township banking, investment, or other financial accounts shall be transferred to the City of Evanston. All revenues and appropriations that exist in the Evanston Township General Assistance Fund as of 11:59 p.m., April 30, 2014, shall be transferred by operation of law into the City GENERAL ASSISTANCE FUND, as provided by City of Evanston Ordinance 52-O-14. SECTION 10: All Evanston Township pension programs and accounts as required by the Illinois Municipal Retirement Fund, 40 ILCS 5/7-101 et seq., shall be transferred by operation of law to the City of Evanston. As a participating municipality, the City shall succeed to the functions of Evanston Township as provided by 40 ILCS 5/7-132(A)(c). The net accumulation balance in the Evanston Township reserve and the Evanston Township account receivable balance shall be assumed and transferred to the City. All participating and covered employees formerly employed by Evanston Township shall become participating and covered employees of the City. SECTION 11: All revenues and appropriations that exist in the Evanston Town Fund as of 11:59 p.m., April 30, 2014, shall be transferred by operation of law into 18 of 20 1T-R-14 - 6 - the City of Evanston General Fund. All Evanston Town Fund banking, investment, or other financial accounts shall by operation of law be designated and become a component account within the City of Evanston General Fund. SECTION 12: The terms and provisions of this Resolution shall be liberally construed so as to effectuate the purposes set forth in the recitals to this Ordinance. Each and every recital and legislative finding regarding this Resolution is to be construed and interpreted severally. SECTION 13: The foregoing findings and recitals contained herein, as well as the meeting minutes and legislative Record regarding the issue of township discontinuation, are found as fact and incorporated herein by reference. The findings, recitals, results of the March 18, 2014 referendum question, and legislative Record are declared to be prima facie evidence of the law of Evanston Township and the City of Evanston, and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 14: If any provision of this Resolution or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Resolution is severable. 19 of 20 1T-R-14 - 7 - SECTION 15: The Town Clerk shall, and is hereby directed to, take all necessary steps to attest this Resolution and comply with Section 3 of this Resolution. Introduced: April 28, 2014 Adopted: April 28, 2014 Approved: _________________________, 2014 ______________________________ Elizabeth B. Tisdahl, Mayor; Member, Town Board of the Town of Evanston Attest: _______________________________ Town Clerk Approved as to form and legality: ______________________________ W. Grant Farrar, Town Board Attorney 20 of 20