Resolution 2012-14 UNITED CITY OF YORKVILLE RESOLUTION NO. �a —
RESOLUTION OF INTENT
U.S. 34: BETWEEN ILLINOIS 47 IN YORKVILLE
AND ORCHARD ROAD IN OSWEGO
WHEREAS, this Resolution of Intent is entered into by and between the State of Illinois, through
its Department of Transportation, hereinafter called the STATE and the United City of Yorkville,
hereinafter called the CITY.
WHEREAS, the STATE, proposes to reconstruct U.S. 34 (FAIR 591), beginning at a point
located approximately 9C0 feet east of Illinois 47 within the city of Yorkville, and extending
northeasterly 3.54 miles to Station Drive located approximately 300 feet west of Orchard Road
(Kendall County Highway 9A) within the village of Oswego. See location map attached as
Exhibit#1. The said project is identified under State Section (13C & 13)R & T, Contract No.
66884. The project's scope of work is primarily to reconstruct the existing two lane highway into
a four to five lane curb and gutter urban type roadway, consisting of two through lanes for each
direction of traffic and auxiliary turn lanes at various locations. This project is currently funded
within the STATE's FY 2013- 2018 program.
WHEREAS, in accordance with STATE policies, the option of providing pedestrian and cycling
accommodations alongside the same segment of U.S. 34 are to be given consideration by both
the STATE and local government agencies that adjoin the road project. The STATE shall
assume all rights of way costs for the pedestrian/cycling accommodations. Construction cost for
the said trail is to be at an 80 percent STATE and 20 percent local share of cost.
WHEREAS, the primary purpose of this Resolution of Intent is to secure commitments from all
involved local agencies to assure a continued and complete shared use trail along U.S. Route
34, from Illinois 47 in Yorkville to Orchard Road in Oswego.
WHEREAS, on April 23, 2012, representatives of the city of Yorkville, village of Oswego,
Kendall County and the Kendall County Forest Preserve District met with STATE officials at the
Illinois Department of Transportation, District 3 office in Ottawa, Illinois, at which time a shared
use trail along U.S. 34 for bicycle/pedestrian use was discussed. All parties agreed to
participate in funding the construction of an "Alternate#1" version of shared use trail presented
at the meeting. Alternate#1 consists of constructing a 10 foot wide bituminous surface trail
along the north side of U.S. 34. (See proposed typical section of Alternate#1 trail attached as
Exhibit#2). Further, each local agency agreed to provide 20 percent of the cost and provide
future maintenance of only those portions of the said trail that is located within their respective
jurisdictions. The majority of the proposed shared use trail is to be 10 feet wide and have a
bituminous surface. The trail's width may vary to 8 feet wide at some isolated locations due to
physical limitations and/or extending circumstances.
WHEREAS, there exists a need for the STATE to obtain written commitments from local
governmental agencies so to determine the extent of the shared use trail that is to be
constructed. The STATE will not proceed with the expense of acquiring added right of way
and/or incorporating the design of a shared use trail into the project plans until local agencies
commit to assuming 20 percent of the trail's construction cost and assuming future full
maintenance of the said trail following its completion of its construction. Consequently,
Resolutions of Intent with the same provisions are being submitted to all affected local agencies
that adjoin the proposed U.S. 34 project.
WHEREAS, of the total 3.54 miles of project distance, the CITY has agreed to assume
responsibility of shared use trail from the west terminus of the project (900 feet east of
Illinois 47) and extending easterly 2.76 miles to the CITY's east corporate limits. The CITY's
participation commitment also includes those existing unincorporated areas that are technically
outside and inter-dispersed between the corporate limits of Yorkville.
The CITY will assume 20 percent share of shared use trail construction cost to be built along the
north side of U.S. 34 and provide or cause to provide full maintenance of the completed trail
from the west terminus of the project located 900 feet east of Illinois 47 easterly 2.80 miles to
the city's east corporate limits. The CITY's estimated cost for the trail is $76,000 plus 15
percent additional charge for preliminary and construction engineering. Final costs will be
based on actual bid unit process of the awarded contract.
NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of this
Resolution of Intent, the United City of Yorkville, Illinois by action taken here, agrees to assume
20 percent construction cost and provide or cause to provide all future maintenance of the
described bituminous surface shared use trail along the entire north side of U.S. 34 from the
west terminus of the project near Market Place Drive easterly 2.76 miles to the CITY's east
corporate limits.
The CITY further agrees that should the CITY later reverse its decision and not participate in the
shared use trail, the CITY will remain obligated to reimburse the STATE for all the local 20
percent share of engineering and right of way costs the STATE had incurred in designing the
shared use trail.
The CITY further agrees to later enter into a formal agreement with the STATE within the
STATE's fiscal year when the subject U.S. 34 project is to be constructed. Final design plans
and updated cost estimates of the shared use trail will be provided to the CITY at the time of the
formal agreement.
The CITY is hereby directed to transmit one copy of this Resolution of Intent with the necessary
original signatures and certification seals to the STATE through its Deputy Director of Highways
at the Illinois Department of Transportation, District 3 Office, 700 E. Norris Drive in Ottawa,
Illinois, 61350.
(SIGNATURES ON NEXT PAGE)
Y
Passed and approved by the United City of Yorkville City Council this 26 day of
u h , 2012.
APPROV D ATTEST
-, / J sea 6-9
Gary olins ayor Beth Warren, City Clerk
/as'
Date
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E IN YORKVILLE EASTERLY TO �'•S•
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