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Committee of the Whole Packet 2007 11-27-07 D Cip o United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 � \ Telephone: 630-553-4350 a Fax: 630-553-7575 p � Gl /A Cwn3Lq O r ttantlWtiunry `� AGENDA COMMITTEE OF THE WHOLE Tuesday, November 27, 2007 7:00 p.m. City Council Chambers Presentations: None Detail Board Report (Bill List): Items Recommended for Consent Agenda: 1. PS 2007-40 Request to Purchase LiveScan 2. PS 2007-41 New World Software Purchase 3. PS 2007-42 Request for Cadet Pay Increase Mayor: 1. COW 2007-35 Boundary Agreement with Montgomery 2. COW 2007-44 Cable and Video Competition Bill a. Right-of-Way Ordinance b. Franchise Fee and Peg Fee Ordinance c. Customer Service and Privacy Protection Ordinance 3. COW 2007-45 County Solid Waste Ordinance Discussion Park Board: 1. No Report. Public Works Committee: 1. No Report. Committee of the Whole November 27, 2007 Page 2 Economic Development Committee: 1 . No Report. Public Safety Committee: 1 . PS 2007-43 24 Hour Collector Ban Administration Committee: 1 . No Report. City Council Requests : 1 . COW 2007-46 Senior Center Discussion Additional Business : UNITED CITY OF YORKVILLE WORKSHEET COMMITTEE OF THE WHOLE Tuesday, November 27, 2007 7 :00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS : ---------...............--------.....................----..........-------------------- ------------------------------------------------ 1 . None --------------------------------------------------------------------------------------------------------------------------------------- DETAIL BOARD REPORT BILL LIST): ---........-...---------...-.................-------..........--.................---------...............--------------................ ❑ Moved forward to CC ❑ As presented ❑ As amended ❑ Notes ----------------------------------------------------------------------------------------------------- --------------------------------- ITEMS RECOMMENDED FOR CONSENT AGENDA: -----------mm-----------------------------------------------------------------------------------...............--------------- --------- 1 . PS 2007-40 Request to Purchase LiveScan ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PS 2007-41 New World Software Purchase ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PS 2007-42 Request for Cadet Pay Increase ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MAYOR: --------------------------------------------------------------------------------------------------------------------------------------- 1 . COW 2007-35 Boundary Agreement with Montgomery ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. COW 2007-44 Cable and Video Competition Bill ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------................--------------------------------------------------------------------------------------------- 3 . COW 2007-45 County Solid Waste Ordinance Discussion ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PS 2007-43 24 Hour Collector Parking Ban ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- CITY COUNCIL REQUESTS: --------------------------------------------------------------------------------------------------------------------------------------- l . COW 2007-46 Senior Center Discussion ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/fixture meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1 L_ b H m e In In o 0 0o mm m m N N O O O O M M E I W W �M V1 N N O O O O O O N H l0 cM tl1 E m T O� N rl r1 O M I'1 O O O H N O N Ift O I cN N O O O rl n'1 H I I I w r a •• a •• r a .. r a •• n a .. F I m as o rya m as o eta q 1 r O E r O H r O H r O E r O E N E O N H O N H O N E O N F O W I \ E \ N \ H \ F \ E H W H W H W H W H W U H O H O H O H O H 0 O > > z > z > z > z zz H � � H O I M . 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Z Q ® E- fT E ER EH N LO O 0) J J J > a Q Q Q O 000 r (M r O O N (M W t • (M N W M M OD (O to CO O d' O (M O W O CO OO 06 V r 06 to r N r 06 Q CM V N V M F! tO W r N r J r• lO w r M 14T M CO r• M (M t(7 O N V' Co N r (N tO (O CM cY (3 (7 N r r r� r r r 6F) r r r r W ER EPr 6t) EH (f} 64 vy U? GO fA NCR J F Z 0 Q Z Z O U W w n F. �, a, a d, Y Z_ Z Z U W W W Q Z_ Q m Q LL W d OU - (A 1 3: 1 ol d J 0 clTJ, Reviewed By: Agenda Item Number J� O•a Legal ❑ A I Finance ❑ ESr. , 1836 Engineer En i ❑ -��- g Tracking Number 4 L City Administrator ❑ 9a�• O Consultant ❑ 6100 ' 7 ❑ Agenda Item Summary Memo Title: Request to Purchase LiveScan Meeting and Date• COW/ City Council- 11-27-2007 Synopsis: Request to purchase LiveScan and implement a T-I connection to the Kendall County Sheriff's Office for both LiveScan and New World Software connections. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Chief Harold Martin Police Name Department Agenda Item Notes: LiveScan is a digital fingerprint system that will give criminal history/background results to the Yorkville Police Department within 48 hours (usually within hours after being submitted.) The T-1 connection will allow YPD to use Kendall County's existing connection to the Illinois State Police, saving money on the monthly costs for the T-1 connection required to operate LiveScan. It will also serve as the connection for the New World Software program. Memorandum esr. leas To: City Council O 1® From: Charlie Graff, Molly Batterson p ° p Date: November 21st, 2007 Subject: LiveScan System �.E This memo is a description of the final estimated costs of the LiveScan system which will be used for fingerprint identification and background checks. In addition to the system itself, which is described on the attached bid form and quotes, we will need to install a T-1 connection to the county. We will then utilize their connection to the state in order to process the information through our LiveScan system. Also, we can use this same connection when we implement our joint New World police software, which we plan on installing early next year. To implement this connection we will need two routers and two firewalls (one each on our end, and one each on the county end). The T- 1 connection costs approximately $250 per month and installation costs will be approximately $3 ,000 for hardware and labor. UNITED CITY OF YORKVILLE BID INFORMATION FORM (MUST BE TYPED OR PRINTED LEGIBLY) — 1 f - - - - - - - - - - - - - - - - - - - - - -J - - - . . . . . . . . . . . . - - - - DATE: l - j 20 07 DEPARTMENT: PGL VC C REQUESTED BY: adrlie Gmt VENDOR #1, VENDOR #2 VENDOR #3 NAME: T D Ne �WGrk E NAME: Z e0 lx NAME: ADDRESS: 77JI-0 5 er ADDRESS: Shot) AowldnLA R) . ADDRkPHE S. bvAbvial aH ukooLl Nfiohe61Aal MN fs343 NAMErnTLE NAMEMTLE s NAME PE ON ISO OF PERSON �� { Ce �ac i. QUOTING BND: CJkV J l� QUOT QUOTING BID: y K HOW LONG // HOW LONG HOW IS BID FIRM? �� lQ� �U7 IS BID FIRM? � � M 107 IS BID BID OBTAINED: PHONE BID OBTAINED: PHONE BID OWRITTEN : X WRITTEN: yl CATALOG: CATALOG: COMMENTS: COMMENTS: COMMENTS: h 1w a y^e N/loy 5 rnuI8 Lt� in ktd &oy r+ k-s speci'h'� s vsd-rm VENDOR SELECTED: IT P 414 wdr k3 IF NOT LOW BIDDER, STATE JUSTIFICATION IN "COMMENTS" SECTION (USE REVERSE SIDE FOR DETAILED EXPLANATION) AMOUNT REQUESTED VENDOR #1 VENDOR #2 VENDOR #3 UNIT OF UNIT TOTAL UNIT TOTAL UNIT TOTAL QUANTITY MEASURE DESCRIPTION OF ITEMS PRICE PRICE PRICE PRICE PRICE PRICE �o ihfpOe Pmr fitle jkqx5 I l69fs 1'7ggr I7 y9d Li v S _ Ihcl • lns >7 TOTAL PRICE f bT& 17via DELIVER TO: DEPARTMENT HEAD SIGNATURE WHITE: EMPLOYEE YELLOW: DEPARTMENT HEAD PINK: FINANCE r Applicant Livescan Pricing , mrks ID Networks, Inc. QUOTE #: 07-0904-01 7720 Jefferson Road, Ashtabula, OH 44004 DATE: 9/4/2007 Phone: (440)992-0062 Fax: (440)992-1109 5ales@idnetworks.com TO: Charlie Graff United City of Yorkville P: (630) 553-8520 F: (630) 553-7575 cgraff@yorkville.il.us ITEM DESCRIPTION -QTY UNIT PRICE ! EXT PRICE " FR-APP Applicant Livescan System with 10-print Capture 1 $11,260 $11,260 Delivery Onsite Installation, Training & Travel 1 $995 $995 Maintenance 1" Year Warranty and Maintenance — Included in pricing 1 Included Included BASE SYSTEM PRICE $12,255 EQUIPMENT OPTIONS'. Laptop Configuration Upgrade — at time of order (Mfr. Warranty Only) Laptop Upgrade also includes Extended Warranty and Accidental Damage Protection (3 1 $10350 Year Total Coverage) Lexmark T640 Network Printer with Duplexer and Additional 250 Printer 1 $1,590 Sheet Universal Tray DL Scanner Driver's License Scanner (All 50 US Driver's Licenses) 1 $495 Mobile Case Mobile Rugged Carrying Case with Built in Handles and Wheels 1 $400 Cisco VPN Hardware solution for internet access to the State Police r or FBI, if required — including configuration & remote testing. This 41111110 might not be necessary...but most likely will be. Please contact me for further discussion. Technical Additional Technical Services — Onsite Services, Integration, i $895 Services Conversion, Programming, etc. — per day rate EQUIPMENT OPTION TOTAL $0 TOTAL SYSTEM COST $12,250 16, q �S NOTES: • Our full-coverage maintenance plan is included for one year. • Subsequent yearly maintenance (total system support) - $1,995 • All pricing contained herein is subject to a 90 day limit. ID Networks, Inc. I Applicant Livescan Pricing VAJet1wrks Applicant Livescan Pricing . . . TERMS & CONbIT10NS OF SALE Standard Payment Terms 50% down payment with written purchase order, balance due after installation and training. Delivery & Installation Delivery plans will be scheduled after the receipt of your written purchase order and appropriate down payment, as applicable. Facility preparation for electrical service, furniture, mounting requirements and networking, is the responsibility of the customer. Our delivery commitment is subject to the customer facility preparation being completed in advance. Onsite Training 1 day of training has been included. Training personnel and schedules will be agreed upon in advance of the delivery. Additional training or technical support services from ID Networks are available at a daily rate of $895, plus travel expenses. State Interface and An FBI AFIS Interface is included in packaged pricing above, pending further discussion and Submission for Fingerprints clarification. Submission to other archives or AFIS centers may be subject to a one-time charge. & EFTS Information Call for a quotation. Upgrade Options Many Upgrade options and interfaces are available with the FingerRoll Livescan system. Please call for further details. 3rd Party Software or Special items or software interfaces which may need our development, or the development and Services cooperation of a third party, will require separate planning with the customer and any third parties. ID Networks is not responsible for the delays of the customer or third parties and likewise, payments by the customer to ID Networks shall not be held up due to non-ID Networks delays. Remote Access to Livescan We expect the customer to install a phone line or internet line nearby the Livescan in order for ID Networks ONLY to conduct remote support activities. 247 access is requested by ID Networks and software access. ID Networks access will be password controlled for access. Network Connections A connection to the email server for FBI submissions is the responsibility of the customer. Price Guarantees All pricing contained herein is subject to a 90 day limit. Authorized Service ID Networks will provide maintenance within 24 hours of the initial service call. Service for the FingerRoll Livescan system may only be provided by ID Networks or its authorized representatives. Any other service attempts will void the warranty. ID Networks, Inc. 1 Applicant Livescan Pricing i Customer Quotation Empowering Identfficatiow Your Account Manager is: Identix, Incorporated Name: Gary Newlin 5600 Rowland Road Please Send Purchase Order to the Address Below: Minnetonka, MN 55343 Addr: Identix Regional Sales Office Tel: (952) 932-0888 Fax: (952) 932-7181 1625 Island Court TIN #: 94-2842496 Waconia, MN 55387 Quotation Information Number Date Valid Until Contract(if applicable) Tel: 952442-8701 Fax: 952-442-1327 GN-22349 813112007 11/29/2007 None Email: gnewlin @Llid.com Quote Issued To: Shipping Address: Billing Information: Yorkville Police Department Yorkville Police Department 800 Game Farm Road 800 Game Farm Road Yorkville, IL 60560 Yorkville, IL 60560 USA USA ATTN: Mr. Charles Graff ATTN: Mr. Charles Graff ATTN: TEL: 630-553-8520 TEL: 630-553-8520 TEL: FAX: FAX: FAX: EMAIL: egraff@yorkville.iLus EMAIL: cgraff @yorkville.il.us EMAIL: Customer Type F.O.B. Payment Terms oust PO # Special Pricing S&L Law Enforcement Origin Net 30 Product Pricing Model Number Description Quantity Unit Final Price Configuration Name Sys_LS_1 Product TP-3100-CASE Transportable Carrying Case: for the TP-3100 scanners only. Case 1 $799.00 $799.00 for Laptop available only with purchase of XT system. TP-COMX-NFSINT Touch Print version 6 and later Network File System: (NFS) 1 $750.00 $750.00 InterDrive Protocol NFS Client Support. For use with Touch Print version 6 and later windows XP Application Software. This option is to be used only in situations where TP-COMX-NFSCLNT is not viable. TP-CSTX-IL101 Illinois State Police Live Scan Customization TOTs: Cards: 1 $374.00 $374.00 Transmits Retum Msg: TP-FIWOX-LPTNIC TouchPrintTM Ethernet USE Based 101100 LAN Adapter for 1 $153.00 $153.00 Local Area Network Topology. To be used with the TP-3000 & TP-3100 XP 01S series transportable Livescan systems. TP-310OXT-ED TouchPrintTM 3100 enhanced definition Transportable Live Scan 1 $10,200.00 $103200.00 System: Includes Laptop Carrying Case, Stylized Appliance, Application Software with Slap to Roll Matching & Laptop PC running XP. 1 yr. Help Desk included. TP-PRT-DUP TouchPrintTM Duplex Fingerprint Card Prin ter- for printing 1 $2,380.00 $2,380.00 double sided cards. t yr. Help Desk Warranty included. Page 1 of 3 �d ' Customer Quotation Empoweiinglidentikafiory Your Account Mana er is: Identix, Incorporated Name: Gary Newlin 5600 Rowland Road Please Send Purchase Order to the Address Below: Minnetonka, MN 55343 Addr: Identix Regional Sales Office Tel: (952) 932-0888 Fax: (952) 932-7181 1625 Island Court TIN #: 94-2842496 Waconia, MN 55387 Quotation Information Number Date Valid Until Contract(if applicable) Tel: 952-442-8701 Fax: 952442-1327 GN-22349 8/31/2007 11129/2007 None Email: gnewlin @Llid.com Customer Type F.O.B. Payment Terms Cust PO # Special Pricing S&L Law Enforcement Origin Net 30 Product Pricing Model Number Description Quantity Unit Final Price Warranty Service 3100XT-W95 Annual Warranty Upgrade 9/5 1 $376.00 $376.00 PRT-DUP-W95 Annual Warranty Upgrade 915 1 $166.00 $166.00 IAT TP-IAT-IDAY Installation and Training; One Day: Standard one day on-site 1 $2,125.00 $2,125.00 installation and training service. Includes installation and training to be completed in one business day. Training for Operators (up to 6 people) and for System Managers (up to 4 people). Recommended for TP-3000, TP-3100 and TP-3500 series livescan systems. Includes travel and all related expenses. Total for Freight FOB Origin (Estimated): $125.00 Sys_LS_1 SubTotal $17,448.00 Total for Extended Quantity System Configuration: $17,448.00 Page 2 of 3 mmwr�* s I Customer Quotation Your Account Mana er is: Identix, Incorporated - Name: Gary Newlin 5600 Rowland Road - - Please Send Purchase Order to the Address Below: Minnetonka, MN 55343 Addr: Identix Regional Sales Office Tel: (952) 932-0888 Fax: (952) 932-7181 1625 Island Court TIN #: 94-2842496 - Wacoma, MN 55387 Quotation Information Number Date Valid Until Contract(if applicable) Tel: 952-442-8701 Fax: 952-442-1327 GN-22349 8/31/2007 1 1112912007 None Email: gnewlin @Llid.com Customer Type F.O.B. Payment Terms Cust PO=ML Special Pricing S&L Law Enforcement Origin Net 30 Stated prices do not include any sales, use, value added, federal, state local or other taxes, or any custom duties. All such taxes or duties shall be paid by customer, or in lieu thereof, customer shall provide an appropriate tax exemption form. Customer shall in itts purchase order specifically include the applicable sales tax amount or provide a current tax exemption certificate. Without the applicable tax amont or a tax exemption certificate, Identix will not enter the purchase order. Identix reserves the right to invoice customer for sales tax calculation in customer's purchase order that is insufficient. General Terms and Conditions: 1) This Quotation is valid for 90 days from the date of Quotation. 2) Purchase Order must reference correct Quotation Number and Date of Quotation. 3) Unless otherwise agreed to in writing by Identix, all sales of Identix hardware products, and all licenses of Identix software, are subject to Identix' standard terms and conditions of sale and license. 4) Unless otherwise agreed to in writing by Identix, all products are subject to Identix' standard warranty, at the quoted Warranty Service Level, for a period of one year from the date of installation. 5) Unless otherwise agree to in writing by Identix, Products are sold FOB - Identix Factory, Minnetonka, MN. Prices are exclusive of shipping, handling and freight charges, which are seperately identified in the Quotation, and which are the sole responsibility of the purchaser. 6) Stated prices do not include any sales, use, value added, federal,state or local or other taxes, or any customs duties. All such taxes or duties shall be paid by customer, or. in lieu thereof, customer shall provide an appropriate tax exemption form. Customer shall in its purchase order specifically include the applicable sales tax amount or provide a current tax exemption certificate. Without the applicable tax amont or a tax exemption certificate, Identix will not enter the purchase order. Identix reserves the right to invoice customer for sales tax in the event the calculated amount in customer's purchase order is insufficient. 7) Subject to credit approval by Identix, all payments are due in full net thirty (30) days from date of invoice. In the event Identix does not approve such credit, other payment terms must be agreed upon by the parties . 8) Prices are exclusive of engineering or other labor service charges provided by Identix at the request of purchaser, unless such engineering or other labor is expressly covered by warranty and otherwise required directly as a result of defects in materials or workmanship. Engineering and other labor services, as well as parts and materials, provided by Identix outside of applicable warranty shall be paid for by the purchaser at Identix' then current time and materials charges. 9) Identix provided maintenance support following the warranty period is recommended by Identix. Help Desk, On-Site and 24/7 maintenance support programs are available, subject to execution of Identix Standard Maintenance Agreement. 10) Where applicable, in sole judgment of Identix, this Quotation is subject to existing contract pricing between Idemix and the purchaser Current contract number must be identified on the Purchase Order. 11) Any discount prices are for like quantities ordered on the same Purchase order. Quantities are not cumulative. Any change in the quantity ordered may affect price. Contact Identix for new quote with desired quantities. 12) This Quotation and these terms and conditions apply to domestic U.S. orders only. 13) This Quotation is Identix Incorporated proprietary. Quotation Prepared for Identix Incorporated by: Date: Page 3 of 3 0 C/Tr Reviewed By: Agenda Item Number J= Legal ❑ C A #02 er. 1 Finance F-1 s 1838 Engineer ❑ — . City Administrator ❑ Tracking Number Consultant ❑ _ I 9 S (900-T Agenda Item Summary Memo Title: New World Software Purchase Meeting and Date: COW/City Council: 11-27-2007 Synopsis: Request Council to give Chief of Police direction to sign agreement between New World Software, and the Kendall County Sheriff s Office for software purchase. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Chief Harold Martin Police Name Department Agenda Item Notes: Purchase and dollar allotment were previously approved by Council; and funds are set aside for said purchase. This is the request for the Chief to sign the agreement for the software. NOTE: This will be entering into an eight(8) year agreement in which an 8%maintenance cost will apply (Yorkville will be responsible for 1/3 of the cost). See attached cost analysis. New World 8-Year Schedule Windows Kendall Oswego Yorkville TOTALS One time - 1 /3 $69, 067 $697067 $69,067 ; $207,200* Maint year 7% increase 1 $30, 984 $6,639 $6,639 $44,263 8% increase year l $33,463 $7, 171 $7, 171 $47, 804 8% increase year 3 $365140 $7,744 $7,744: $51 ,628 8% increase year 4 $393031 $8,364 $8,364 $55,759 8% increase year 5 $42, 154 $9,033 $9;033 $60,219 8% increase year 6 $45,526 $9,756 $9,756 ' $65,037 8% increase year $49, 168 $10, 536 $10,536r $70,240 8% increase year 8 $53, 101 $ 11 ,379 $11 ,379; $75,859 Total $398,633 $139,688 $139;688 ' $678,009 *CALCULATIONS FOR PROJECT COST $ 134,700 Base Price of Software / Installation $ 12, 500 ESRI Software (GIS/Mapping) $30,000 Estimated Hardware Upgrades (Server/Backups) $30,000 Data File Conversions --- Travel Expenses (TBAI) $207,20Q TOTAL; INITIAL ,PROJECT, CQST $125,000 - Budgeted Total $70,000 - New World $17,000 - LiveScan $3,000 - T-1 Connection for 12 Months $ 1252000 - $90,000 = $35,000 in remaining funds Remainder of funds will be used to pay travel expenses, purchase routers for the T-1 Connection, and are requested to be used to pay some of the future years' maintenance costs for the New World Software and system. i New World systems" 77m PnLlic.1'ndor.l'of Aare Cn nimuty December 14, 2007 ADDITIONAL SOFTWARE LICENSE AGREEMEN" For an Aegis 400 to Aegis MSP Upgrade Commander Scott Koster Kendall County Sheriff's Office 1102 Cornell Lane Yorkville, IL 60560-9597 Dear Commander Koster: New World Systems is pleased to license you additional software a provide implementation services for the upgrade of your AS/400 licensed standard software to the New World Aegis MSP Licensed Standard Software. The attached forms (Exhibits A, B, C, F and Appendix 1) are to be reviewed and approved by you and/or your authorized representative. They describe the additional software and services you have requested along with the related fees. Other than for the purposes of internal review, we ask that you treat our fees as confidential information. This is due to the competitive nature of our business. The General Terms and Conditions from our original License Agreement with Kendall County are incorporated and continue to apply. Upon completion of the upgrade to Aegis MSP standard software, the definition of COMPUTER from the (November 22, 2002) Agreement will be the MSP server(s) in use, and not the IBM AS/400. Please acknowledge the change and your understanding on the services by the appropriate signature_ below. ACKNOWLEDGED AND AGREED TO BY: NEW WORLD SYSTEMS®CORPORATION KENDALL COUNTY,ILLINOIS (New World) (Customer) By: By: Larry D. Leinweber,President Authorized Signature Title By: Authorized Signature Title Date: Date: Each individual signing above represents that(s)he has the requisite authority to execute this Agreement on behalf of the organization for which(s)he represents and that all the necessary formalities have been met. The"Effective Date"of this Agreement is the latter of the two dates in the above signature block. Corporate:888 West Big Beaver Road•Suite 600• Troy•Michigan 48084-4749.248-269-1000•www.newworidsystems.com EXHIBIT A LICENSED STANDARD SOFTWARE AND FEES 1. License Fee for Licensed Standard Software And Documentation Selected By Customer: Application Package Cost LAW ENFORCEMENT RECORDS (Users included in LE Records - 50) 1. Aegis/MSP Multi-Jurisdictional Base Law Enforcement Records - Accidents - Arrest - Business Registry - Case Processing - Computer Aided Investigations - Federal Reports (UCR/IBR) - Geo-File Verification - Impounded Vehicles - Incident Tracking - Jacket Processing - Personnel/Education - Property - Traffic Tickets and Citations - Wants and Warrants 2. Aegis/MSP Federal and State Compliance Reporting for LE Records - Federal UCR/IBR 1 Additional Aegis/MSP Software for Law Enforcement Records -- - Activity Reporting and Scheduling - Alarm Tracking and Billing - Bookings - Career Criminal Registry (parolee, sex offender) - Case Management - Civil Paper Tracking and Receipting - Field Investigations - Orders of Protection - Property Room Bar Coding 4. Aegis/MSP Third Party LE Records Interface Software° - Livescan Interface CONFIDENTIAL 2 CNTADD - Kendall Co Page 2 of 20 Kendall County, IL Exhibit A / LICENSED STANDARD SOFTWARE AND FEES 5. Additional Law Enforcement Records Users - 20 group(s) of 5 additional users - 20 view/inquiry users CORRECTIONS (Users included in Corrections Base - 15) 6. Aegis/MSP Corrections Management Software Base Package - Aegis/MSP LE Records Interface - Bookings - Incident Tracking - Inmate Property Tracking - Inmate Classification - Inmate Housing - Mass Move - Inmate Scheduling and Tracking - inmate Contacts (visitor, mail, phone, emergency) - Inmate Programs (courses) - Inmate Activity Log - Trustee - Case Management - Corrections Officer Log - Finance Management (inmate, facility) - Jacket Processing - Business Registry - Personnel/Education - Gentile Verification 7. Aegis/MSP Federal & State Compliance Reporting for Corrections Included up to 4 reports - Federal and State Corrections Reporting 8. Additional Aegis/MSP Software for Corrections Management - Commissary Accounting 9. Additional Corrections Users - 6 group(s) of 3 additional users ADDITIONAL PUBLIC SAFETY SOFTWARE 10. Aegis/MSP Data Analysis/Crime Mapping/Management Reporting - Base with Two Applications - LERMS and Corrections CONFIDENTIAL 2 CNTADD - Kendall Co Page 3 of 20 Kendall County, IL Exhibit A / LICENSED STANDARD SOFTWARE AND FEES 11. Aegis/MSP Imaging Software - Public Safety Line Ups/Mug Shots ' - Digital Imaging 6 NEW WORLD STANDARD SOFTWARE LICENSE FEE 445,600 LESS CUSTOMER LOYALTY SOFTWARE CREDIT (1629056) LESS CUSTOMER LOYALTY SOFTWARE DISCOUNT (See Exhibit C) (2839544) TOTAL SOFTWARE LICENSE FEE " s $4 ENDNOTES I Personal Computers must meet the minimum hardware requirements for New World Systems' MSP product. Microsoft Windows 2000 or AT is the required operating system for all client machines. Windows 2003 Server and SQL Server 200012005 are required for the Application and Database Server(s). 2 New World Systems MSP product requires Microsoft Windows 2003 Server and SQL Server 200012005 including required Client Access Licenses (CALs)for applicable Microso ft products. Servers must meet minimum hardware requirements provided by New World Systems. 3 Suggested minimum: 100MB Ethernet Network. LOMB CATS Ethernet Network may have less than adequate response time. Further consultation would be required to assess your network. a Does not include any required third party hardware or software unless specified in Section C of this proposal. 5 Requires Pentium PC, Twain 32 Compliant Digital Freeze Frame Video Camera or Digital Camera supplied by Customer. 6 Requires Pentium PC, Twain 32 Compliant flatbed scanner supplied by Customer. 7 Prices assume that all software is licensed. Prices are quoted as preliminary estimates only and are subject to further clarification and confirmation. " Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed. PRICING VALID THROUGH DECEMBER 21 2007 CONFIDENTIAL 2 CNTADD - Kendall Co Page 4 of 20 Kendall County, IL EXHIBIT B PROJECT MANAGEMENT,INSTALLATION AND TRAINING SUPPORT SERVICES AND FEES 1. Project Management Services New World shall act as Project Manager to assist Customer's management in implementing the Exhibit A software. This responsibility will include documenting,coordinating and managing the overall Implementation Plan with Customer's management and the Customer Liaison. Project Management Services include: a) a summary level Implementation Plan; b) a detail level Implementation Plan; c) revised Implementation Plans(if required); d) monthly project status reports;and e) project status meetings • a project review(kickoff)meeting at Customer's location • progress status meeting(s)will occur during implementation via telephone conference or at Customer's location;and • a project close-out meeting at Customer's location to conclude the rojecI. To implement the Exhibit A applications,the Project Management fee wi be 3$ 2500. 2. Implementation and Training Support Hours Recommended It is recommended that appropriate support hours are allocated for all Licensed Standard Software listed in Exhibit A to insure successful implementation of and training on each application package.Based on the Licensed Standard Software listed on Exhibit A, 580 hours of New World implementation and training support services have been allocated. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. Customer agrees to reimburse New World for support trips canceled by Customer less than ten (10) days before the scheduled start date to cover New World's out-of-pocket costs and lost revenues. The f recommended implementation and training support services include: a) implementation of each package of Licensed Standard Software;and b) Customer training and/or assistance in testing for each package of Licensed Standard Software. The project management, implementation and training support services are performed at Customer's premises and/or at New World national headquarters in Troy, Michigan(e.g.,portions of project management are performed in Troy). 3. Interface Installation Service Fees A flat rate fee is charged for the installation of selected interfaces on Exhibit A. This fee does not include hardware and/or third party product costs. Whenever possible,this work will be done remotely,resulting in savings in travel costs. If on-site installation and training is required, Customer will be responsible for the actual travel costs. Installation includes the following interfaces with these corresponding fees. a) Operating System Assurance $7,000 b) Livescan Interface 4,000 c) New World Mug Shots/Imaging 4,000 d) GEO File Implementation TOTAL INTERFACE INSTALLATION SERVICE FEES................................ ........$ 1�lQQ CONFIDENTIAL 2 CNTADD-Kendall Co Page 5 of 20 Kendall County,IL Exbibit B /PROJECT MANAGEMENT, INSTALLATION AND TRAINING SUPPORT SERVICES AND FEES New World's GIS implementation services are to assist and train Customer in preparing their GIS mapping data for use with the Licensed Standard Software. Customer must provide an accurate GIS street.centerline layer in an industry standard file format(ESRI Shape Files).Customer is responsible for having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. New World will assist Customer to create and/or import map layers representing the Police/EMS/Fire boundaries. New World is not responsible for GIS data corrections, cleansing or accuracy. 4. Support Service Fees Estimate T �580hou of ins tallation and training support services cost has been calculated using a rate $140 per hour. A lces are also available at the rate of$140 per hour. This rate is protected for one ye o ate New World executes this Agreement. After one year, Customer shall pay the then-current hourly rate for all Exhibit B support services rendered. Based on the services suggested above, the Project Management, Installation and Training Support Services and Interface Installation Services costs will be a total of$134.700. (Plus all actual and reasonable travel expenses incurred by New World divided proportionately between all New World customers visited on a single trip and actual employee travel time for Installation and Training up to but not exceeding four(4)hours per Customer visit.) 5. Additional Services Available Other New World services may be required or requested for the following: a) additional software training; b) tailoring of-Licensed Standard Software by New World technical staff and/or consultation with New World technical staff, c) New World consultation with other vendors or third parties; d) modifying the Licensed Standard Software; e) designing and programming Licensed Custom Software;and f) maintaining modified Licensed Standard Software and/or custom software. Customer may request these additional services in writing using New World's Request For Service (RFS) procedure(or other appropriate procedures mutually agreed upon by Customer and New World). 6. Payments for Exhibit B Services Exhibit B Services will be billed as follows: a) Upon Agreement execution $67,350 b) 90 days after the Effective Date 26,940 c) 180 days after the Effective Date 26,940 d) Upon project completion or 365 days after 13,470 the Effective Date,whichever comes first. TOTAL PROJECT MANAGEMENT SERVICES FEE..................................... ........$134,700 CONFIDENTIAL 2 CNTADD-Kendall Co Page 6 of 20 Kendall County,IL Exhibit B / PROJECT MANAGEMENT, INSTALLATION AND TRAINING SUPPORT SERVICES AND FEES 7. Payments for Travel Costs All travel costs will be billed weekly for expenses incurred in the previous calendar week. Note: Any taxes imposed from the course of this Agreement are the responsibility of the Customer and Customer agrees to remit when imposed. If an exemption is claimed by the Customer, an exemption certificate must be submitted to New World. ALL PAYMENTS ARE DUE WITHIN FIFTEEN (15) DAYS FROM RECEIPT OF INVOICE. CONFIDENTIAL 2 CNTADD - Kendall Co Page 7 of 20 Kendall County, IL EXHIBIT C STANDARD SOFTWARE MAINTENANCE AGREEMENT This Standard Software Maintenance Agreement (SSMA) between New World Systems Corporation (New World) and Kendall County, Illinois (Customer) sets forth the standard software maintenance support services provided by New World. 1. Warranty Period and Service Period This SSMA shall remain in effect for a period of eight (8) years (the SSMA term) beginning on July 1 , 2008 and ending on the same calendar date at the conclusion of the SSMA term. New World has provided a customer upgrade discount on Exhibit A. In consideration for this discount, Customer agrees to pay full amount of annual payments due New World under Exhibit C. If Customer fails to pay all the SSMA amounts as specified, Customer shall forfeit the license to use the Aegis MSP licensed product and shall return all copies of the licensed product to New World. No cancellation of Exhibit A software modules and related fees will be allowed during the service period. 2. Services Included The following services or features are available under this SSMA: a) upgrades, including new releases, to the Licensed Standard Software (prior releases of Licensed Standard Software application packages are supported no longer than nine (9) months after a new release is announced by New World); b) temporary fixes to Licensed Standard Software (see paragraph 6 below); c) revisions to Licensed Documentation; d) reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone); and e) invitation to and participation in user group meetings. f) Includes integration of the ESRI software that is a component of the Exhibit A Licensed Standard Software. Items a, b, and c above will be distributed to Customer on appropriate media or other means. Additional support services are available as requested by Customer using the then-current hourly rates or applicable fees. Exhibit B has a description of support services available. 3. Maintenance for Modified Licensed Standard Software and Custom Software Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software, these changes or modifications (no matter who makes them) make the modified Licensed Standard Software more difficult to maintain. If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request, or for prior releases of New World's software, then the additional New World maintenance or support services provided shall be billed at the then-current Exhibit B hourly fees plus reasonable expenses. CONFIDENTIAL 2 CNTADD - Kendall Co Page 8 of 20 Kendall County, IL Exhibit C / STANDARD SOFTWARE MAINTENANCE AGREEMENT 4. Billing Maintenance costs will be billed annually, beginning on the start date and on the same day each year thereafter for the term of the SSMA. (Any Exhibit B support or service hours and travel costs incurred are billed weekly for the previous calendar week.) 5. Additions of Software to Maintenance Agreement Additional Licensed Standard Software licensed from New World will be added to the SSMA ninety (90) days after delivery. Costs for the maintenance for the additional software will be billed to Customer on a pro rata basis for the remainder of the maintenance year and on a full year basis thereafter. 6. Requests for Software Correction on Licensed Standard Software At any time during the warranty period or during the SSMA period, if Customer believes that the Licensed Standard Software does not conform to the current specifications set forth in the user manuals, Customer must notify New World in writing that there is a claimed defect and specify which feature and/or report it believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World will provide software correction service at no charge. (See paragraph 4.0 of the General Terms and Conditions of this Agreement for the New World warranties provided). A non-warranty request is handled as a billable Request For Service (RFS) (see Exhibit B). The no-charge software correction service does not apply to any of the following: a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel; b) situations where Customer's use or operations error causes incorrect information or reports to be generated; and c) requests that go beyond the scope of the specifications set forth in the current User Manuals. 7. Maintenance Costs for Licensed Standard Software Packages Covered for MSP Servers New World agrees to provide software maintenance at the costs listed below for the following New World Licensed Standard Software packages installed at Customer's location: Application Packages Number of Modules 1) Aegis/MSP Multi-Jurisdictional Base Law Enforcement Records 14 2) Aegis/MSP Federal and State Compliance Reporting for LE Records 1 3) Additional Aegis/MSP Software for Law Enforcement Records 9 4) Aegis/MSP Third Party LE Records Interface Software 1 5) Additional Law Enforcement Records Users N/A 6) Aegis/MSP Corrections Management Software Base Package 19 7) AegislMSP Federal & State Compliance Reporting for Corrections 1 8) Additional Aegis/MSP Software for Corrections Management 1 CONFIDENTIAL 2 CNTADD - Kendall Co Page 9 of 20 Kendall County, IL Exhibit C/STANDARD SOFTWARE MAINTENANCE AGREEMENT 9) Additional Corrections Users 1 10) Aegis/MSP Data Analysis/Crime Mapping/Management Reporting 1 11) Aegis/MSP Imaging Software 2 NEW WORLD LICENSED STANDARD SOFTWARE LIST COST $445.600 Annual Maintenance Cost 8-Year Plan Billed annually and due on June 30 of ech a Year 1 for period July 1,2008—June 30,2009 $48,185 �.nN �, Year 2 for period July 1,2009—June 30,2010 8%increas over pre ous year Year 3 for period July 1,2010—June 30,.2011 8%increase vious year Year 4 for period July 1,2011—June 30,2012 8%increase over previous year Year 5 for period July 1,2012—June 30,2013 8%increase over previous year Year 6 for period July 1,2013—June 30,2014 8%increase over previous year Year 7 for period July 1,2014—June 30,2015 8%increase over previous year Year 8 for period July 1,2015—June 30,2016 8%increase over previous year ALL PAYMENTS ARE DUE WITHIN FIFTEEN (15)DAYS FROM RECEIPT OF INVOICE. NA X CONFIDENTIAL 2 CNTADD-Kendall Co Page 10 of 20 Kendall County,IL EXHIBIT F DATA FILE CONVERSION ASSISTANCE New World will provide conversion assistance to Customer to help convert the existing data files specified below. If additional files are identified after contract execution, estimates will be provided to Customer prior to New World beginning work on those newly identified files. General 1 . This conversion effort includes data coming from one unique database or source, not multiple sources. 2. No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort. Any data cleansing, removal of duplicate records, or editing must take place by Customer prior to providing the data to New World. New World Responsibilities 1 . New World will provide the data conversion programs to convert Customers data from a single data source to the New World Licensed Standard Software for the specified files that contain 500 or more records. 2. New World will provide Customer up to 2 test sets of the converted data. Additional test sets requested may/will require additional conversion costs. 3. As provided in the approved project plan for conversions, New World will schedule a conversion analysis trip and a separate data conversion testing trip to Customer's location. The conversion testing trip will be part of delivering the conversion programs to Customer. 4. New World will create and provide Customer with a conversion design document for signoff prior to beginning development work on the data conversion. No conversion programming by New World will commence until Customer approves this document. Customer Responsibilities 1 . Up to 397 discrete data files from Customer's current database are included in this conversion. Customer will provide a list of discrete data files with descriptions of fields or data elements in each file. 2. Data will be submitted to New World in EBCDIC or ASCII format with a fixed field, fixed record length and fixed block format, with coma delimiters on the following media types: DVD, CD, 3 % inch disk, or 8 mm tape. 3. Data files submitted must include an accurate count of records contained in the file. Customer understands that files or tables containing less than 500 records or table entries will not be converted. 4. A data dictionary (data descriptors) containing all data elements must be provided to New World for each file submitted with the media. 5. As provided in the project plan for conversions, Customer will provide a dedicated resource in each application area to focus on conversion mapping and testing. This includes dedicating a support person(s) whenever New World staff is on site regarding conversions. Roughly a one to one ratio exists for Customer commitment and the New World commitment. Customer understands that thorough and timely testing of the converted data by Customer personnel is a key part of a successful data conversion. 6. Customer agrees to promptly review and signoff on both the conversion design document, and on the final conversions after appropriate review. CONFIDENTIAL 2 CNTADD - Kendall Co Page 11 of 20 Kendall County, IL Exhibit F / DATA FILE CONVERSION ASSISTANCE Files to be converted: Public Safety Customer Files Number Of TEXT Records Text ' description ' 000001 BKBLOK 29 Jail Block Master File 000002 BKBLOK 17 , 961 Booking Master File 000003 BKCELL 90 Jail Cell Master File 000004 BKCLAS 111 Inmate Booking Classification File 000005 BKC1SQ 10 Classification Question Master File 000006 BKCTRN 11107 Classification Question Transaction File 000007 BKFCLS 4 Final Classification 000008 BKFCLT 5 Jail Facility Master File 000009 BKHLOG 18 , 165 Booking/Release History Log 000010 BKHOUS 476 Housing Assignment Master File 000011 BKHRSC 2 Classification High Risk/Special Condition 000012 BKINCT 72 Incident Type File 000013 BKNSBJ 11 , 649 Bookings Notification File 000014 BKPCLS0167 1 Print Classification Work File 000015 BKPCLS9993 1 Print Classification Work File 000016 BKPOSS 100 , 439 Prisoner Possessions Master File 000017 BKQUES 645 , 871 Questionnaires Master File 000018 BKSCHG 34 , 081 Booking/Courts Supplemental Charges File 000019 BKSUIC 359 Bookings Suicide Watch File 000020 BKUSRD 3 Bookings User Defined Fields 000021 BKWORD 2 Void Cash Receipts Password Master File 000022 BYMAST 2 Bike Registrations Master 000023 CAAACT 960 Alarm Permit Activity File 000024 CAAMST 65 Alarm Master File 000025 CACNTL 1 Alarms System Control File 000026 CARFEE 4 Alarm Permit Rate Master File 000027 CARTYP 2 Alarm Permit Rate Type Master File 000028 CASUBJ 66 Alarms Subject File 000029 CATRAN 96 Alarm Transaction History 000030 CCWORK 96 Career Criminal Work File 000031 CDCMDS 158 CAD - Commands File 000032 CDFLDC 207 CAD - Call Queue Master 000033 CDFLDM 336 CAD - Field Master (Compiled Version) 000034 CDFLDW 450 CAD - Field Master (Last Changed Version) 000035 CDFRMT 7 CAD - CAD Screen Formats 000036 CDMONT 67 CAD - Monitors 000037 CDMSGW 19 CAD - Message Window Setup 000038 CDNARR 21394 CAD - Active Call Narrative 000039 CDPLAT 116 CAD - Plate Information 000040 CDRCLU 66 CAD - Roll Call Unit Information 000041 CDSCHD 16 CAD - Scheduled Calls 000042 CVCNTL 1 Civil Paper System Control 000043 CVINVH 2 , 621 Civil Paper Invoice History File 000044 CVMILE 9 Civil Paper Mileage Area Master File 000045 CVNOTE 531 Civil Paper Subject File 000046 CVPLOC 9 Civil Paper Posting Location 000047 CVPMST 9, 330 Civil Paper Master File 000048 CVPSER0224 1 Print Service Slips - Work File over CVSINF 000049 CVPSER0453 52 Print Service Slips - Work File over CVSINF 000050 CVPSER0537 42 Print Service Slips - Work File over CVSINF 000051 CVPSER0653 28 Print Service Slips - Work File over CVSINF 000052 CVPSER0767 63 Print Service Slips - Work File over CVSINF 000053 CVPSER1062 60 Print Service Slips - Work File over CVSINF 000054 CVPTYP 9 , 330 Paper Types File By 000055 CVRTRN 4 , 337 Civil Paper Cash Transaction File 000056 CVRWRK 1 , 331 Civil Paper Cash Daily Transaction File 000057 CVSINF 11 , 037 Civil Paper Service Information 000058 CVSUBJ 23 , 181 Civil Paper Subject File 000059 CVTYPE 33 Civil Paper Type Master File CONFIDENTIAL 2 CNTADD - Kendall co Page 12 of 20 Kendall County, IL 000060 CVUSRD 9 Civil Paper User Defined Fields 000061 CVWINVO248 23 Civil Paper Invoice Work File 000062 CVWINVO251 1 Civil Paper Invoice Work File 000063 CVWINV0431 2 Civil Paper Invoice Work File 000064 CVWINVO498 3 Civil Paper Invoice Work File 000065 CVWINVO514 3 Civil Paper Invoice Work File 000066 CVWINVO513 6 Civil Paper Invoice Work File 000067 CVWINVO516 98 Civil Paper Invoice Work File 000068 CVWINVO958 3 Civil Paper Invoice Work File 000069 CVWINVI672 2 Civil Paper Invoice Work File 000070 ECINFO 7 , 811 Enhanced Court Tracking - Court Information 000071 EMPMED 16 EMS Patient Medical File 000072 FCCNTL 1 Foreclosure Court System Control File 000073 FRCASF 15 Fire Records Incident - Fire Service Casual 000074 FRCASN 16 Fire Records Incident - Civilian Casualty 000075 FRSUBJ 70 Fire Records Investigation Subject File 000076 GOCNTL 2 GEO Verification System Control File 000077 GOGEO 4 , 230 GEO - Master 000078 GOOHST 90 , 470 GEO Verification Override History File 000079 GOSTRT 21761 GEO - Street Name Master 000080 GOVLCD 13 GEO Verification Validation Code File 000081 GOXSTR 71726 GEO - Cross Street Master 000082 GTSUBJ 20 Gang Tracking - Subject File 000083 GTVEHL 3 Gang Tracking - Vehicle File 000084 GTWEAP 2 Gang Tracking - Weapon File 000085 IECNTL 1 IE/PE System Control File 000086 JMAPPT 21 , 374 Medical/Court/Event Appointment Scheduling F 000087 JMAVST 5 , 989 Approved Visitor File 000088 JMBILL 9 Billed Agencies Master File 000089 JMCNTL 2 Jail Management Control Master File 000090 JMHDCNT 20 Inmate Head Count Work File 000091 JMHLOG 29 , 618 Housing Assignment History Log 000092 JMHOUS 917 Housed For ORI Log 000093 JMJVSMWI 28 Monthly Juvenile Summary Work File 000094 JMMEAL 98 Meals Received File 000095 JMMEDA 8 Medications Administered File 000096 JMRSTV 2 Visitor Restriction Master File 000097 JMSOCL 360 Social Security - Transaction File 000098 JMVAVL 24 Jail Visitor Booth Availability File 000099 JMVBTH 4 Jail Visitor Booth Master File 000100 JMVSCD 14 Jail Visitor Schedule 000101 JMVSTR 14 , 149 Visitor File 000102 JVFTP 12 000103 JVFTP 3 FTP Script for Vine Record 000104 JVFTP 3 FTP Seed Script for Vine Record 000105 JVVINE 1 VINE Interface - FTP 000106 MSCNTL 1 MDT - Message Switch Control File 000107 MSMDTM 125 MDT Messages 000108 NYIBRW 1 NYSIBR Tape Workfile 000109 NYWORK 10 NY State Jail Reports Work File 000110 OIFAPP 1 Application Formats 000111 OIFLDM 2 Field Master 000112 OIFLDW 2 Field Master 000113 OPCNTL 1 Orders of Protection Control File 000114 OPLOCT 11 Orders of Protection Location File 000115 OPMAST 6 Orders of Protection Master File 000116 OPSUBJ 18 Orders of Protection Subjects File 000117 PBSUBJ 4 Themis Court Probation Subject File 000118 PCFILE 145 J7 PC File 000119 PEDSTA 19 Distribution Assignments 000120 PETMAN 112 Time Management File 000121 PHCONS 2 Photo Imaging Jacket Consolidation File 000122 PLAARM 12 , 909 Adult Arrest File 000123 PLABCF 127 , 556 Global Charges File 000124 PLACCC 443 Accident Citation File 000125 PLACCM 5 , 904 Accident Master File 000126 PLACCN 17 , 342 Accident Subject File 000127 PLACCT 2 Accident Truck/Bus/Commercial Vehicle File 000128 PLACCV 10 , 653 Accident Vehicle/Unit File 000129 PLACCVNY 10 Accident Vehicle/File - Supplemental for NY 000130 PLACID 1 , 078 Arrest Court Information File CONFIDENTIAL 2 CNTADD - Kendall Co Page 13 of 20 Kendall County, IL 000131 PLACNT 2 Accident Module Control File 000132 PLAHST 12 , 884 Police Case Arrest History file 000133 PLASOC 771 Associated Case 000134 PLBSMI 2 Miscellaneous Items 000135 PLBSMP 2 Missing Persons File 000136 PLBSOA 1 Outside Alerts 000137 PLBSMC 5 Personal/Property Crimes File 000138 PLBSVH 2 Vehicles File 000139 PLCACT 47 Police Case Activity 000140 PLCASE 34 , 663 Police Case File 000141 PLCLAS 156 Education Class Master 000142 PLCRIM 699 Crime Code Master 000143 PLCSAS 1 , 787 Officer Case Assignment File 000144 PLCUSR 14 Case User Defined Information 000145 PLEOKA 10 Law Enforcement Officer Killed/Assaulted Fil 000146 PLFIAC 41616 Field Investigations Associated Cases 000147 PLFINV 4 , 579 Field Investigations File 000148 PLFIUD 1 Field Investigations User Defined Fields 000149 PLIBRD 1 NIBR Drug Workfile 000150 PLIBRE 300 NIBR Error Edit File 000151 PLIBRW 223 NIBR Tape Workfile 000152 PLIDSP 1 Cleared Dispositions File 000153 PLIEMI 729 MICR Tape Edit file - Michigan 000154 PLINCD 181 , 646 Incident File 000155 PLINCD 600958 CAD - Active Calls - Additional ORIs 000156 PLINCW 29 Workfile For Printing Incident Reports 000157 PLITYP 726 Incident Type Master File 000158 PLIWMI 661 MICR Tape Workfile - Michigan 000159 PLJARM 11621 Juvenile Arrest File 000160 PLMISS 378 Missing Person File 000161 PLNADR 11980 Incident Additional Name/Address File 000162 PLNIBW 11 NIBR Tape Workfile 000163 PLOEDC 1 Officer Education Master 000164 PLOFCR 245 Officer Master File 000165 PLOFNS 27 , 808 Case Offense File 000166 PLOINV 11109 Officer Equipment Issued Master File 000167 PLOSMO 11115 Offender/Suspect Modus Operandi 000168 PLOWNR 15 , 332 Property Owners 000169 PLPBIN 511 Property Bin Master File 000170 PLPCTL 5 Property Control File 000171 PLPDSP 13 , 761 Property Disposition 000172 PLPHST 14 , 535 Police Case Property History File 000173 PLPBNS 4 User PIN#s File 000174 PLPLAB 95 Property Lab/Evidence File 000175 PLPLOC 2 , 097 Property Location 000176 PLPROP 34 , 348 Property File 000177 PLPTRN 13 , 779 Property Custody Transaction File 000178 PLSCHG 12 , 267 Case/Arrest Supplemental Charges File 000179 PLSHST 61 , 450 Case Status History File 000180 PLSPVM 7 , 489 Suspect Vehicle File 000181 RISKED 23 , 305 Subject/Offense Relation File 000182 PLSSUP 15 Supplementary Case Subject File 000183 PLSUSP 2 Suspects File 000184 PLSVOR 6, 926 Victim Offender Relationship File 000185 PLSVWM 80 , 033 Case Subject File 000186 PLUANI 21783 NIBR Prior Month Adjustments 000187 PLUSRD 1 Impounded Vehicles User Defined Fields 000188 PLWTLY 11388 Tally Sheet Work File For Persons Arrested 000189 PLWTL2 288 Supplemental Work File For Persons Arrested 000190 PLWTLC 418 Tally Sheet Work File For Stolen Property - 000191 PLWTYJ 177 Tally Sheet Work File For Dispo ' s of Juvenile 000192 PLWTYR 963 Tally Sheet Work File For Return A 000193 PLWTYT 209 Tally Sheet Work File For Property By Type 000194 PLWTYX 247 Tally Sheet Work File For Stolen Property - 000195 PROPQE 9 Property Room Quick Entry Items - ORI, QE# 000196 PSAADR 53 Jacket Additional Addresses 000197 PSADFT 54 Address Activity Defaults 000198 PSAJCK 245 , 865 Common Jacket Master File 000199 PSALIS 1 , 328 Alias Master File 000200 PSALOG 233 , 130 Activity Log 000201 PSASSC 61 , 293 Known Associates File CONFIDENTIAL 2 CNTADD - Kendall Co Page 14 of 20 Kendall County, IL 000202 PSAUTR 46 , 778 Program/CL Security Master File 000203 PSBUSN 22 Business Additional Characteristics File 000204 PSCHAR 160 , 804 Jacket Additional Characteristics File 000205 PSCOST 111175 Cost File 000206 PSCRIM 731 Jacket Criminal Characteristics File 000207 PSDMST 13 Document Processing Set-up File 000208 PSDOCC 60 Document Processing Control File 000209 PSDOCI 107 , 818 Document Processing Document Index File 000210 PSDOCP 402 Document Processing Command File 000211 PSDSBJ 2 , 179 Bookings Disciplinary Subject File 000212 PSDSTD 3 Report Distribution Master File - Detail 000213 PSDSTH 1 Report Distribution Master File - Header 000214 PSEXPG 2 PS Expunge Control File 000215 PSDOOC 37 , 893 Document Processing Free Form Document File 000216 PSFPRT 2 Jacket Finger Print File 000217 PSGACT 11 Jacket General Activity File 000218 PSGADR 200 , 971 Global Address File - 000219 PSGUNS 322 Common Gun File 000220 PSGACT 11447 Inmate Activity File 000221 PSINBR 10 , 131 Jacket ID Number File 000222 PSJAM 123 Jacket Activity Master 000223 PSJBUS 49, 675 Jacket School/Business Information 000224 PSJCKA 23 Jacket Alerts File 000225 PSJKWFO170 1 Jacket Work File 000226 PSJKWF0177 1 Jacket Work File 000227 PSJKWFO190 1 Jacket Work File 000228 PSJKWF3672 1 Jacket Work File 000229 PSJTIM 2 , 383 Booking/Courts Jail Time Sentence File 000230 PSJURS 130 Jurisdiction Master File 000231 PSJVHL 48 Jacket Associated Vehicles 000232 PSLNUD 39, 065 Line-ups Detail File 000233 PSLNUP 82 Line-ups File 000234 PSLNUS 81 Line-ups Query Criteria File 000235 PSLWAD 12 Records Attorney Master Detail File 000236 PSLWYR 112 Records Attorney Master File 000237 PSMAST 4 Master File File 000238 PSMODL 1 , 710 Common Make/Model File 000239 PSNCIC 3 NCIC/State Interface Transaction File 000240 PSNYSC 1 New York Jail Reporting System Control 000241 PSPADR 51 , 970 Jacket Previous Address File 000242 PSPHON 211 , 958 Jacket Additional Contact File 000243 PSPHOT 900 Line-ups Photos File 000244 PSPITM 26 , 352 Property Item File 000245 PSPITMWI 1 Property Item File - Workfile for Online 000246 PSPROB 3 Booking/Courts Probation Sentence File 000247 PSPROG 2 , 320 Program/CL Names & Descriptions Master 000248 PSPSRG 2 Penalty Surcharge File 000249 PSRPTP 35 Penalty Type File 000250 PSREVU 3 Generic Review Date Master File 000251 PSRPTD 166 Report Defaults Master File 000252 PSRPTP 44 Report Parameters Master File 000253 PSSECT 146 Area Section Master File 000254 PSSMST 1 Surcharge Master File 000255 PSSMTH 5 , 992 Jacket Scars , Marks , Tatoos , Handicaps 000256 PSSQPD 682 Sequence Program Detail 000257 PSSTAT 786 Statute/Arrest Charge Master File 000258 PSSVLG 66, 292 Security Violation Master 000259 PSSYMB 599 Mapping - Map Symbols 000260 PSTCHG 2 Table Changes Master 000261 PSUSRD 13 Jacket User Defined Information 000262 PSUSRJ 254 User/Jurisdiction Master File 000263 PSVHCL 74 , 052 Common Vehicle File 000264 PSVHCLWI 3 Common Vehicle File - Work File for Online 000265 PSWANT 5, 373 Wants & Warrants Issued Master File 000266 PSWASN 5 Wants & Warrants Associated Numbers 000267 PSWCHG 5, 387 Wants & Warrants Charges File 000268 PSWCTL 1 Word Control File 000269 PSWIDT 131 Template Interface - ASCII data file 000270 PSWUSR 36 Wants and Warrants User Defined Fields 000271 PZBPRS 9 Barcode Property Receipt Setup File 000272 PZCNTL 3 Property Room Barcoding System Control CONFIDENTIAL 2 CNTADD - Kendall Co Page 15 of 20 Kendall County, IL 000273 PZRFMT 5 Barcode Property Receipt Form File 000274 PZSCAN 11321 Work File for Data From Data Logger Inv Prop 000275 PZUSER 21 Barcode Property User File 000276 RCACCT 34 Bank Summary File 000277 RCACTD 150 Bank Account Detail File 000278 RCACTH 1 Bank Header File 000279 RCBANK 1 Bank/Check Validation 000280 RCCHKR 3 Check Reconciliation File 000281 RCDHDR 29 General Ledger Distribution Code Header File 000282 RCDIST 54 General Ledger Distribution Code Detail File 000283 RCDTRN 5 , 303 Cash Transaction File 000284 RCEDST 16 , 112 PS/PA General Ledger Journal Entry Edit File 000285 RCGENL 16 General Ledger Master For Stand Alone Produc 000286 RCMTRN 152 Monthly Cash Transaction File 000287 RCPROG 143 Program/CL Names & Descriptions Master 000288 RCRCOD 3 Revenue Code Master File 000289 RCREVS 1 Revenue Collection Station Master File 000290 RCRPTD 7 Report Defaults Master File 000291 RCRPTP 3 Report Parameters Master File 000292 RCTABE 363 Table Entries Master 000293 RCTABM 32 Table Master 000294 RCUHELP 3 User Defined Window Help Text File 000295 RCUSRJ 6 User/Jurisdiction Master File 000296 SCATRN 2 Security Transaction Audit Control File 000297 SCNTL2 6 Client/Agency Control Master - Additional Da 000298 SCNTL3 16 Client/Agency Control Master - Supplement De 000299 SCONTL 3 Client/Agency Control Master File 000300 SCSUBJ 1 ORI Subject File 000301 SCTABE 25 , 848 Table Entries Master 000302 SCTABM 2 , 349 Table Master 000303 SCARAN 10 , 726 Security Transaction Audit File 000304 SRACTV 3 Activity Combination File 000305 SRCNTL 2 Scheduling and Reporting System Control 000306 SRSCHD 10 Standard Schedule File 000307 SRSNAM 12 Standard Schedule Name File 000308 SRTIME 21 , 948 Reporting & Scheduling Time File 000309 SWFTP 1 FIR Script for Swanson Record 000310 TKBDSB 5 Bond Disbursement Master File 000311 TKCNTL 2 Ticket /Citation Control File 000312 TKCORT 20 , 451 Ticket Court File 000313 TKNYST 14 New York State Ticket Supplemental File 000314 TKOSMI 25 OSM - Ticket File - 000315 TKOSMIOL 83 OSM - Ticket File 000316 TKSCHG 81 , 753 Ticket Charges File 000317 TKTCKT 81 , 753 Ticket Master File 000318 TKTDATAP 19 OSM- Reporting Data File 000319 TKUSRD 7 Civil Paper User Defined Fields 000320 TKVOID 534 Void Ticket File 000321 TPCSET 51 Fingerprint Interface Charge Field Name Setup 000322 TPFTPI 140 Fingerprint Interface SIZE ( *NOMAX) REUSEDL 000323 TPRESP 1 Fingerprint Interface - AFIS Responses 000324 TPSETU 46 Fingerprint Interface Biographical Field Name 000325 TPSRC 14 FIR Script for Clearing Transaction 000326 TPSRC 20 000327 TPSRC 24 000328 TPSRC 50 000329 TPSRC 4 FIR Script fox Polling 000330 TPSRC 1 RECORD . KEY 000331 TPSRC 4 FIR Script for a record Create 000332 TPSRC 1 SUBMIT . REQ 000333 TPSRC 2 000334 TPSRC 1 REQUESTER . TNO 000335 TPSTAT 2 Fingerprint Capture Station File 000336 WICNTL 2 Word Interface Control File 000337 XXEVID 6 Physical Evidence Collected File 000338 XXMISS 1 Missing Person File 000339 XXMSRC 6 Missing Person Sources Checked File 000340 XXOSMO 2 Offender/Suspect Modus Operandi 000341 XXSREL 3 Subject/Offense Relation File 000342 XXSVOR 3 Victim Offender Relationship File CONFIDENTIAL 2 CNTADD - Kendall Co Page 16 of 20 Kendall County, IL NCIC Customer Files Number Of TEXT Records Text ' description ' 000001 IFDCTL 2 Device Control 000002 IFDEST 4 Destination 000003 IFDHELP 773 Window Help Program Detail 000004 IFDICT 1 Data Dictionary 000005 IFFLDM 3 Field Master 000006 IFFLDW 17 Field Master 000007 IFHELP 1 , 431 Window Help Text File 000008 IFHIST 4 History 000009 IFPHELP 34 Window Help Program Summary File 000010 IFTERM 1 Terminal/User Medical Tracking Customer Files Number Of TEXT Records Text ' description ' 000001 MTHIST 9 Medical History Activity File 000002 MTMEDA 1 Medications Administered File 000003 MTMEDN 35 Current Medicine Needs Parking Tickets Customer Files Number Of TEXT Records Text ' description ' 000001 PKACTV 19 , 820 Activity File 000002 PKAUTH 362 Program/CL Security Master File 000003 PKAUTHR 14 Window Help Authority File 000004 PKBANK 1 Bank/Check validation Master File 000005 PKCASE 10 Court Case File 000006 PKCNTL 1 System Control Master File 000007 PKCRTA 22 Court Availability File 000008 PKDMST 1 Document Processing Set-up File 000009 PKDOCC 1 Document Processing Control File 000010 PKDOCI 6 Document Processing Document Index File 000011 PKDOCP 56 Document Processing Command File 000012 PKFDOC 6 Document Processing Free Form Document File - 000013 PKLEGL 83 Violation Legal Description File 000014 PKMETR 4 Parking Meter Master File 000015 PKNPTP 2 Violation/Notice/Penalty Type File 000016 PEPLAT 2 , 776 License Plate Master File 000017 PKPROG 192 Program/CL Names & Descriptions Master 000018 PKPTYP 24 Penalty Type Master File 000019 PKRDTL 2 , 951 Daily Receipts Detail File 000020 PKREVS 1 Revenue Collection Station Master File 000021 PKRPTD 35 Report Defaults Master File 000022 PKPPTP 5 Report Parameters Master File 000023 PERTRN 2 , 468 Daily Receipts file 000024 PKRWRK 23 Daily Receipts Work File 000025 PKSQPD 21 Sequence Program Detail 000026 PKSUBJ 3 , 540 Parking Tickets Subject File 000027 PKSVLG 228 Security Violation Master 000028 PKTABE 184 Table Entries Master 000029 PKTABM 56 Table Master 000030 PKTCKT 3 , 737 Parking Tickets Master File 000031 PKTCST 5 , 072 Ticket Cost file 000032 PKTWRK 50 Tickets Work File for Statictics Report 000033 PKUSRD 1 , 161 Parking Tickets User Defined Information 000034 PKUSRJ 47 User/Jurisdiction Master File 000035 PKVIOL 57 Violation Master File 000036 PKWARR 4 Notices /Warrants 000037 PKWCTL 1 Word Control File 000038 PKWDTL 3 , 089 Daily Receipts Detail Work File 000039 PKWWRK 113 Notices/Warrants Work File CONFIDENTIAL 2 CNTADD - Kendall Co Page 17 of 20 Kendall County, IL Customer Investment The cost for the Data File Conversion services is $30,000 and is to be paid as follows: a) DOWN PAYMENT $ 15,000 (50% - due upon execution of Agreement) b) ANALYSIS PAYMENT $%000 (30% - due upon delivery of conversion design document to Customer) c) FINAL PAYMENT $69000 (20% - due 30 days after initial delivery of converted data) TOTAL PAYMENTS DUE FOR DATA FILE CONVERSION (Exhibit F) ................. $30,000 Note: Where applicable, travel costs for New World employees to complete the tasks for Exhibit F services are billed under the provisions of Exhibit B services. All travel to be mutually agreed upon by Customer and New World. CONFIDENTIAL 2 CNTADD - Kendall Co Page 18 of 20 Kendall County, IL New World Systems' I7x•Pn61i[.kzTUr.Yn/awrr Cnni/+rm I APPENDIX 1 AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF THIRD PARTY PRODUCTS AND SERVICES This agreement(Agreement) between Kendall County, Illinois (Customer) and New World Systems®Corporation, (New World)is to cover the procurement of Third Party products and services by New World for Customer. The attached configuration(Exhibit 1)describes the Third Party products and services that Customer will be obtaining through New World. By their written approval below,Customer authorizes New World to order the Exhibit l products for delivery to: Michael Herman Network Administrator Kendall County Sheriffs ice 1102 Cornell Lane Yorkville,IL 60560-9597 Upon execution of this Agreement,a down payment of 50%of the Exhibit I cost is due. The balance is due upon delivery of the Third Party products. Customer agrees that failure to pay the amount billed within fifteen(15)days will result in a daily finance charge equal to.I%(.001)of the Exhibit 1 cost. If applicable,the finance charge will be computed and invoiced separately based on the receipt of Customer's payment to New World for Exhibit 1 amounts due. Customer agrees to pay all applicable finance charges(if my)promptly. Customer is responsible for the site preparation and related costs to install the Exhibit 1 products. Customer is responsible for any returned product charges,including re-stocking and shipping fees,for all Third Party products ordered by New World on the Customer's behalf. Actual and reasonable travel expenses incurred by New World and actual employee travel time up to but not to exceed four(4)hours per Customer visit,are in addition to the Exhibit 1 cost and will be billed weekly as incurred. Any taxes or fees imposed from the course of this Agreement are the responsibility of the Customer and Customer agrees to remit when imposed. If an exemption is claimed by the Customer,an exemption certificate must be submitted to New World. After execution of this Agreement,the Exhibit 1 components and cost may be changed by mutual agreement of both parties. If a change order in the configuration requires additional costs,New World shall notify Customer of the additional costs and with Customer's approval these costs shall be home by Customer. Without such approval,the change order will not be processed. Customer shall or may be required to execute selected Agreements with vendors and New World shall not confirm the ordering of any Exhibit 1 products without Customer's authorized signature on the Agreements. Customer shall receive the benefit of all warranties,services,etc.provided for in the Agreements. CONFIDENTIAL 2 CNTADD-Kendall Co Page 19 of 20 Kendall County,IL AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF THIRD PARTY PRODUCTS AND SERVICES EXHIBIT I CONFIGURATION 1. GIS Software $12,500 ESRI $12,500 TOTAL THIRD ESRI Notes 1) All Aegis/MSP Customers are required to use ESRI's ArcGIS suite of products to maintain GIS data.All maintenance,training and on-going support of this product will be contracted with and conducted by ESRI. Maintenance for ESRI's ArcGIS suite of products that are used for maintaining Customer's GIS data will be contracted by Customer separately with ESRI. 2) The on-going New World SSMA cost is required for any Aegis software changes related to integration with ESRI software. 3) If a new release of ArcGIS is incorporated into the Aegis software,an associated upgrade fee may be required for the new ESRI software,depending on the potential cost from ESRI;and/or on the scope of effort required to integrate the new ESRI release with Aegis software. 4) Customer will restrict use of the ESRI Software to executable code(used with the Aegis Licensed Standard Software). 5) Customer will prohibit(a)transfer of the ESRI Software except for temporary transfer in the event of computer malfunction;.(b)assignment,time-sharing,lend or lease,or rental of the ESRI Software or use for commercial network services or interactive cable or remote processing services;and(c)title to the ESRI Software from passing to any other party. 6) Customer will prohibit the reverse engineering,disassembly,or decompilation of the ESRI Software and prohibit duplication of the ESRI Software except for a single archival copy;reasonable Sublicensee backup copies are permitted. 7) Customer will disclaim,to the extent permitted by applicable law,ESRI's liability for any damages,or loss of any kind,whether special,direct,indirect,incidental,or consequential,arising from the use of the ESRI Software. 8) At the termination of their Agreement(Sublicense)with New World,Customer will certify in writing to New World that it has discontinued use and has destroyed or will return to New World all copies of the ESRI Software and documentation. 9) Customer will comply fully with all relevant export laws and regulations of the United States to assure that the ESRI Software,or any direct product thereof,is not exported,directly or indirectly,in violation of United States law. 10) Customer will prohibit the removal or obscuring of any copyright,trademark notice,or restrictive legend. 11) If New World grants a Sublicense to the United States Government,the ESRI Software shall be provided with"Restricted Rights". CONFIDENTIAL 2 CNTADD-Kendaa Co Page 20 of 20 Kendall County,IL `DER C/py Reviewed By: Agenda Item Number J2 --e Legal ❑ Finance ❑ esr \!1836 Engineer ❑ Tracking Number 0 u/ City Administrator ❑ ygw`�O Consultant ❑ P3 dOb�—yr�11 Agenda Item Summary Memo Title: Cadet Pay Increase Meeting and Date: r Synopsis: Request to increase starting Cadet pay rate by $.50 and the Cadet pay rate given after completion of the Cadet FTO program by $.50. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Chief Harold Martin Police Name Department Agenda Item Notes: Request to give Cadets $8.00/hour for starting pay, and $8.50 /hour after completing the Cadet FTO Program. Currently, they are at$7.50 /hour starting and $8.00/hour upon completing FTO program. Attached is Officer Helland#218's recommendation memorandum. cl?, Yorkville Police Department Memorandum 804 Game Farm Road Esr 1836 Yorkville, Illinois 60560 -�� Telephone : 63O-553-4340 v _ H Fax: 630-553- 1141 <CE Date : July 2, 2007 To : Chief Martin From : Officer Helland Reference : Cadet Program Pay Scale Per our discussion this afternoon, I think it would be appropriate to raise the starting pay for a Police Cadet from $ 7 . 50 to $8 . 00 and then after successfully completing the training process (typically 6 weeks) go to $8 . 50 instead of $8 . 00 that is currently in place . I say this since Gov . Blagojevich signed legislation boosting Illinois' minimum wage to $ 7 . 50 an hour. I believe that it would be in our best interest, during the recruitment process to have a pay schedule that was above minimum wage. Submitted, Officer Jon L. Helland # 218 Cc : Lt. Schwartzkopf Reviewed By: Agenda Item Number J2 s , T Legal ❑ Nj o yo(L rt Finance EST. Bess F-1 1I Engineer F1 Tracking Number .4 y City Administrator ❑ 9� ,.�:- `�O Consultant El Cr-,W .!)uci h<C E Eby ❑ Agenda Item Summary Memo Title: Boundary Agreement—Village of Montgomery Meeting and Date: COW/City Council November 27,2007 Synopsis: Draft Intergovernmental Agreement between the Village of Montgomery and the United City of Yorkville incorporating Yorkville Plan Commission recommendations. Council Action Previously Taken: Date of Action: October 9, 2007 Action Taken: Referred to Yorkville Plan Commission Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: =e,�rp® c'T o Memorandum a To: COW/City Council EST -� _ a: 1836 From: Travis Miller -� � CC: Brendan McLaughlin �® fl ` Kathleen Field Orr ®� G �2® Lisa Pickering (for distribution) <LE `y� Date: November 20, 2007 Subject: Montgomery Boundary Agreement Staff has met on several occasions with the Village of Montgomery staff beginning in July 2007 to discuss and draft a Boundary Agreement between the two jurisdictions for consideration of each Municipality. City Council reviewed a draft boundary agreement October 9, 2007 and requested the review and input of the Plan Commission prior to taking final action on the agreement. The Plan Commission conducted a Public Hearing November 14, 2007 regarding this agreement. Concerns were raised by the Plan Commission regarding the unincorporated Willowbrook subdivision lying between the communities and felt this community should be left unincorporated. The Plan Commission recommended approval of the boundary agreement as presented subject to a provision be added to prevent either community from force annexing the Willowbrook territory between the communities. Attached is the draft agreement including the provision recommended by the Plan Commission along with all exhibits for your review and final consideration. Ordinance No. AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE, ILLINOIS AND THE VILLAGE OF MONTGOMERY, ILLINOIS WHEREAS, it is in the best interest of the United City of Yorkville, Kendall County, Illinois, to enter into the Intergovernmental Agreement between the Village of Montgomery and the United City of Yorkville, pertaining to land lying between their present municipal boundaries (the "Boundary Agreement"), a copy of which is attached hereto and made a part hereof as Exhibit A; and, WHEREAS, the statutory procedures provided for in Division 12 of Article 11 of the Illinois Municipal Code, as amended, for the execution of said Boundary Agreement have been satisfied; and, WHEREAS, the Mayor and City Council of the United City of Yorkville (the "Corporate Authorities"), after due investigation and consideration, have determined that entering into the Boundary Agreement will serve the public good, benefit the United City of Yorkville and be compatible with the future development of the United City of Yorkville. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The Corporate Authorities of the United City of Yorkville hereby find as facts all of the recitals in the preamble of this Ordinance, as well as the preambles contained in the Boundary Agreement. Section 2. The Boundary Agreement is hereby approved in the form attached hereto as Exhibit A and made a part hereof and the Mayor is authorized and directed to execute, and the Clerk is directed to attest to the signature of the Mayor to said Agreement. Section 3. This Ordinance is adopted pursuant to the provisions and procedures set forth in Section 11 - 12-9 of the Illinois Municipal Code (65 ILCS 5/11 -12-9). Section 4. The City Clerk be and is hereby authorized and directed to file a certified copy of this Ordinance and the Boundary Agreement, after execution by all parties, in the Office of the Clerk of Kendall County, Illinois, and record its approval by the City Council in the records of the City Clerk and retain three executed copies thereof. Section S. This Ordinance shall be in full force and affect after certified copies of this Ordinance have been filed with the County as provided for in Section 4 of this Ordinance and as further provided by law. The Boundary Agreement shall be in full force and affect after its execution by the parties hereto and recordation in the office of the Clerk of Kendall County. Passed by the Mayor and City Council of the United City of Yorkville at a regular meeting thereof held on the day of November, 2007. APPROVED: Mayor Attest: City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MONTGOMERY AND THE UNITED CITY OF YORKVILLE THIS AGREEMENT is entered into as of the day of 2007, by and between the VILLAGE OF MONTGOMERY, Kane and Kendall Counties, Illinois, a political subdivision organized and existing under the laws of the State of Illinois ("Montgomery"), and the UNITED CITY OF YORKVIL.LE, Kendall County, Illinois, a political subdivision organized and existing under the laws of the State of Illinois ("Yorkville") (collectively referred to as the "Parties"): RECITALS WHEREAS, a portion of unincorporated Kane and Kendall Counties between Yorkville and Montgomery is a rapidly growing area in Illinois; and WHEREAS, developments under way or in various stages of planning are creating unusual growth opportunities between Yorkville and Montgomery; and WHEREAS, Yorkville and Montgomery realize that current plans and opportunities for development will be accompanied by significantly higher demands for transportation, police, utility, and other municipal services and financial commitments to meet the necessities of such services; and WHEREAS, the Constitution of the State of Illinois 1970, Article VII, Local Government, Section 10, provides for intergovernmental cooperation in and authorizes units of local government to obtain or share services to exercise, combine or transfer powers or functions in any manner not proscribed by law or ordinance, and authorized units of local government to use their credit, revenues and other resources to pay costs related to intergovernmental activities; and WHEREAS, the Intergovernmental Cooperation Act provides for the joint exercise of powers, privileges or authority by units of government and provides for intergovernmental contracts; and WHEREAS, Section 11 - 12-9 of the Municipal Code (65 ILCS 5/11-12-9) provides for the adoption of agreements establishing the boundaries for jurisdiction between municipalities in accordance with the provisions stated therein; and WHEREAS, Yorkville and Montgomery recognize the need and desirability to provide for logical municipal boundaries and areas of municipal authority between their respective municipalities in order to plan effectively and efficiently for the growth and potential development between their communities and the conservation of the available resources for all of their respective citizens; and i WHEREAS, Yorkville and Montgomery, after each publishing and holding all public hearings required by law, have authorized, by ordinance, the execution of this agreement, as an exercise of their respective authority and as an exercise of their intergovernmental cooperation authority under the Constitution of Illinois; and NOW THEREFORE, in consideration of the mutual promises and obligations recited herein, it is agreed between Yorkville and Montgomery, as follows: 1 . That the boundary line between the two municipalities for the unincorporated area lying between them, for annexation and municipal government planning, subdivision control, official map, ordinances, and other municipal purposes shall be as shown on Exhibit A, attached hereto and by reference incorporated herein, and approximately described as follows: A BOUNDARY LINE RUNNING THROUGH THAT PART OF SECTIONS I , 21 3, 45596599 10 AND 11 IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CURRENT CENTERLINE OF GALENA ROAD AND THE WEST RIGHT OF WAY LINE OF ORCHARD ROAD; THENCE WESTERLY ALONG SAID CENTERLINE TO THE EAST LINE OF SAID SECTION 9; THENCE NORTH ALONG SAID EAST LINE AND THE EAST LINE OF SAID SECTION 4 TO THE SOUTH LINE OF U.S. ROUTE 30; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE WEST LINE OF ILLINOIS ROUTE 47; THENCE WESTERLY ALONG THE SOUTH LINE OF BASELINE ROAD TO THE EAST LINE OF ASHE ROAD FOR A POINT OF TERMINUS OF SAID LINE. 2. Except as otherwise provided herein, Montgomery shall have jurisdiction with respect to property lying easterly and northerly of the above-described boundary line, and Yorkville shall have jurisdiction of the property lying westerly and southerly of the above-described boundary line. On or after the date of this Agreement, neither party shall annex territory which lies within the jurisdiction of the other municipality as established by such boundary line, nor shall it exercise or attempt to exercise or enforce any zoning, subdivision control, official map, or other municipal authority or ordinance. This boundary line shall not require a municipality to exercise control over the property on that municipality's side of the boundary line, and shall not prohibit such municipality from negotiating additional boundary line agreements with other municipalities that may surrender such jurisdiction to another municipality (e.g. Montgomery may agree to cede jurisdiction to some property on the northerly and easterly side of the boundary line to Sugar Grove or Aurora and Yorkville may agree to cede jurisdiction to some property on the southerly and westerly side of the boundary line to Plano, without doing so being deemed a violation or inconsistent with this agreement.). Neither municipality shall object to the other municipality's request for an amendment of any facilities planning area in respect to land located on the requesting municipality's side of the boundary 3. To apply consistent development standards for the area depicted by Exhibit B as follows: a. Residential Standards i. Single-Family Detached Residential Unit: 1 , Materials 2 a. Primary structures shall be constructed upon either a basement or foundation — 'slab' construction shall not be permitted. 2. Design a. No units shall be similar in appearance unless two or more buildings of dissimilar design separate the units. b. All newly installed utility services shall be underground. ii. Multi-Family Attached Residential Unit: 1 . Reserved 2. Design a. Surface parking areas shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means. b. The height and scale of each building shall be compatible with its site and adjoining buildings. c. All newly installed utility services shall be underground. d. Common open space and pedestrian features/amenities, such as covered walkways, street furniture, and bicycle rack facilities are to be encouraged. iii. Density 1 . If a developer participates in the Raymond Regional Basin provided for in Section 8 hereof, the maximum gross density shall be four (4) units per acre, or an appropriate density agreed upon by the Parties during the design review period. 2. If a developer does not participate in the Raymond Regional Basin provided for in Section 8 hereof, the maximum gross density shall be 2.25 units per acre, or an appropriate density agreed upon by the Parties during the design review period b. Non-Residential/Commercial 1 . Materials Premium siding materials (brick, stone, cultured stone, split face brick, architectural block, natural wood siding, Fiber cement siding, synthetic stucco) or Pre-Cast shall be incorporated on at least 50% of the total building. 2. Design a. Use of windows or the impression of windows on all sides of the building are to be encouraged. b. Buildings on outlets shall incorporate the style, materials, and/or design elements of the main building. 3 C. Surface parking areas shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means. d. The height and scale of each building shall be compatible with its site and adjoining buildings. e. All newly installed utility services shall be underground. f. Common open space and pedestrian features/amenities, such as covered walkways, street furniture, and bicycle rack facilities are to be encouraged. g. Trash enclosures shall be located in areas that are easily accessible by service vehicles, but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principle commercial building is required. h. Rooftop mechanics shall be screened (as viewed from ground elevation at the property line) and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. i. Ground level mechanics shall be screened by landscaping and/or fencing. In addition to the properties listed on Exhibit B, Yorkville shall make a good faith effort to amend its annexation agreement with the property owner of the property located at the comer of U.S. Route 47 and U.S. Route 30 (commonly known as the Schramm Property) to require the above standards to be applied to said property. If such an amendment is successfully achieved by Yorkville, the provisions of this paragraph shall likewise apply to the Schramm Property. 4. To allow for comment, each municipality shall promptly notify the other of any proposed or contemplated change to, including, but not limited to, proposed zoning districts, and development plans for the properties listed on Exhibit C in order to foster intergovernmental cooperation and insure the compatibility of land uses along said boundary line. The type of proposed or contemplated change will determine the comment review period as follows: a. Preliminary Subdivision Plan and Plat, and Zoning Changes Approval Review: Comment Period — allow 15 days for initial staff response acknowledging acceptance of plans for review and establishing a review schedule. This review schedule shall not exceed 60 days without the consent of the municipality with J urisdiction, otherwise no comment/recommendation will be required to be considered by the municipality with jurisdiction. 4 b. Site Plan/Development Approval Review: Comment Period — allow five days for initial staff response acknowledging acceptance of plans for review and establishing a review schedule. This review schedule shall not exceed 45 days, otherwise no comment/recommendation will be required to be considered by the municipality with jurisdiction. 5. The Parties agree that so as to coordinate transportation related issues to adopt and comply with the following (including, to the extent legally possible, requiring all developments to comply with the following): a. If not previously adopted, Exhibit D shall be adopted as each community's transportation and access plan for full intersection access points 1 and 2 (as depicted on Exhibit D) onto and from U.S. Route 30 between U.S. Route 47 and Dickson Road within 60 days of passage of this Agreement (said access points are subj ect to reasonable latitude in positioning as long as each adjacent parcel to said future roadways as shown on Exhibit D is insured access to the roadways constructed from said access point). b. Coordination (and reasonable transitions of roadway widths and designs) of road stubs in adjoining developments to insure continuation of all boundary roadways including, but not limited to, Concord Drive extending west from Montgomery. c. Require, to the extent legally possible, all developments to install and coordinate bicycle paths in accordance with Exhibit E. To the extent, that either municipality designs roadways and/or bicycle paths independent of a private developer, the municipalities shall also comply with Exhibit E. This shall include requiring a connecting bicycle path along the Com Ed power lines (which he south of U.S. Route 30) which shall have mutually agreeable design standards, as depicted on Exhibit E. 1 , and, at a minimum, be 10 feet wide. Should the Com Ed power lines be unavailable for said route, the Parties shall utilize their best good faith efforts to agree to establish a mutually agreeable alternate route for bicycle paths. d. Each municipality shall support the widening of U.S. Routes 30 and 47 within their respective jurisdictions and shall support said widening in the other Party's jurisdiction to the extent possible. e. U.S. Route 30 and Galena Road constitutes a shared border between the Parties and the Parties acknowledge that there are one or more intersections for roads crossing or intersecting U.S. Route 30 and Galena Road that will require improvements as properties on either or both sides of the shared border are developed. The Parties agree to require either in an annexation agreement, or to the extent legally possible for property already annexed, any developer whose development is either adjacent to and will access U.S. Route 30 or Galena Road or adjacent to one of the intersecting roads for U.S. Route 30 or Galena Road and 5 whose primary access to either of said highways will be from such intersecting road, (i) such developer to pay its Pro rata share, reimbursement and/or recapture for the actual costs of intersection improvements (including but not limited to, traffic signalization, interconnects, and transponders for emergency vehicles), to be paid to the other municipality, and (ii) such developer to pay its Pro rata share, reimbursement and/or recapture of any costs of other intersection improvements (including but not limited to, traffic signalization, interconnects, and transponders for emergency vehicles) along U.S. Route 30 which have been previously installed by or at the direction of the other municipality to be paid to the other municipality. "Pro rata share" shall be defined as 25% for each corner of a four way intersection. 6. Both Parties shall cooperate with the Yorkville Community Unit School District #115 to attempt to locate a Middle School site consisting of 30 acres. 7. Prior to drilling, or allowing third parties to drill any new water wells within one-half mile of the above-described boundary line, the Parties agree to confer and, using generally accepted engineering principles, not locate, or permit to be located by third parties (to the extent legally possible) any wells that would materially interfere with the operations or supply of other wells within one-half mile of the above-described boundary line. The Parties shall also meet to coordinate all new wells (regardless of their non- interference with existing wells) to avoid interfering with each other's future well and water plans within one-half mile of the above-described boundary line. The Parties shall compel developers to design and install emergency cross-connections ofwatermains on boundary line developments. Said cross-connections shall only be opened and utilized upon the consent of the Village Manager/City Administrator of both municipalities and only for so long a period of time as is consented to by both municipalities Village Manager /City Administrator. 8. Yorkville agrees to consider allowing, and Montgomery agrees to consider allowing the tributary developments as shown on Exhibit F to utilize the Raymond Regional Basin for storm water management. A tributary development designed to utilize the Raymond Regional Basin shall be responsible for conveyance of storm water to the basin area (provided however that adequate downstream conveyance is provided) and shall contribute funds necessary to excavate volume capacity and/or other facility appurtenances at a rate of $15,000.00 per acre foot of volume generated by the participating development. This rate shall be evaluated when each development is approved to participate and adjusted accordingly based on the Engineering News Record cost index. All properties being served by said basin shall be treated equally by the Parties as to rates. Should a particular development utilizing Best Management Practices avoid or reduce the need for storm water detention through the use of strategies, including but not limited to, permeable pavement, rainwater basins, and other environmentally conscious strategies, said development shall not be prohibited from using such strategies in lieu of said regional basin. Additionally, should the order of development prohibit utilization of said regional basin for any particular landowner, 6 Montgomery shall notify the Yorkville City Administrator and following a 30 day period not be required to compel said developer to utilize said regional basin. Participating developments will be required to pay a proportionate share of the maintenance costs related to the stormwater detention benefit of the Raymond Regional Facility based on the volume served by the basin. All properties being served by said basin shall be treated equally by the Parties as to said costs. The amount assessed shall be based on the actual costs of maintaining said basin (taking into account the need for appropriate reserve funds). A dormant or back-up special service area ("SSA") (including a provision for a 10% administrative fee to be retained by the Party imposing and processing said SSA) will be required to be established to ensure funds adequate to maintain the storm water basin in perpetuity are accessible to Yorkville, therefore, Montgomery and Yorkville agree to allow such provisions be incorporated into the annexation agreements for the tributary properties. 9. This Agreement shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to proposed zoning changes within one and one- half miles of its corporate limits as provided for by State of Illinois statutes. 10. This Agreement is not one intended to benefit a third party, and no third parry beneficiary shall be deemed created hereby. This Agreement is binding only upon Yorkville and Montgomery, and their respective successors and assigns. Nothing herein shall be construed as a limitation on the right of either party with respect to its boundaries with any other municipality or unit of local government. 11 . Neither party shall either directly or indirectly seek any modification to this Agreement through court action. This Agreement may not be changed orally. All modifications to this Agreement must be in writing and must be signed by each party. 12. If any provisions of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 13 . Both Parties acknowledge that pursuant to the current provisions of 65ILCS 5/7-1-1, the annexation of any territory adjacent to any road or highway not already within the corporate limits of any other municipality automatically extends the boundaries of the annexing municipality to the far side of the adjacent highway. To the extent that the provisions of 65 ILCS 5/7-1-1 would result in the automatic annexation of any portion of a highway lying within the other municipality's Jurisdictional Area, the provisions of this Boundary Agreement shall not bar such highway annexation, however the Parties shall file all necessary petitions and otherwise work together to disconnect any portion of a given highway from the municipality and connect said highway to the municipality with jurisdiction of the given side of the boundary line herein established. 7 14. This Agreement shall be in full force and effect for a period of twenty (20) years from the date hereof and for such further and additional time as the Parties hereto may hereafter agree by amendment to this Agreement. 15. This Agreement shall be construed in accordance with the laws of the State of Illinois and shall be published by the respective municipalities and recorded or filed with appropriate County Recorders, County Clerks, and others as their interest may appear. 16. If either Municipality successfully enforces the provisions of this Agreement against the other Municipality by judicial proceedings, the prevailing party shall be reimbursed for all costs of litigation, including reasonable attorneys' fees and court costs, by the losing Municipality. If litigation should be initiated by any third party challenging this Agreement, or any application thereof to any person or territory, the expenses of defending such litigation shall be shared equally by the two Municipalities. The defense of such litigation and the choice of attorneys shall be controlled by the Municipality whose annexation is being challenged or from whose territory land is to be disconnected. In the event the other Municipality desires to engage additional counsel to defend such litigation it shall be at its own expense. Venue for all litigation related to or arising out of this Agreement shall be in Kane County, Illinois. 17. NE iflo er 1'�llj hill > i1i : t� Ul�ia ll� i_P. 11- a3T"11i(!I7- cil{ 1h118t�i llll]f. flika P'su1 11 C .5 517- 13 to arinex t17,eAwwthies ( Q ra I 1V 170r 0r 01 s:aCC"71tlL)2e,1l > J ol'O?.ti t OIL Jl011„d,' l❑ trill -'t1ll011715 t D1C L'° C1C31?, �t ltllTCi i-4` IItYt U�15 wig 1t. _tJ.YC) t tJ l t_llc't (. t1'h 3llt_1S Sc,C� ltCcQ ( stt 1_`11G{6 It tI' 7ui 1 _!l; Al h:; t )4 1 11c ? 1 1t Ct_ydtcI y itr i z 1 1 `u_t tl 1'. e' t hzr; 1J_tt M o irn_tC . t OliIl=:{LB3tor CO11=81T LiE. 71. 12�.)Ut tiitlk Ri I0 6 5 ) , :U IN WITNESS THEREOF, the Parties hereto have caused the execution of their duly authorized officer this day of , 2007. UNITED CITY OF YORKVILLE VILLAGE OF MONTGOMERY Kendall County, IL Kane & Kendall Counties, IL Mayor Village President ATTEST: ATTEST: City Clerk Village Clerk 8 -- if —1I I r---= Feet 0 1,000 2,000 4,000 6,0)00 - � 7710/yo .sett i I r1fN€L_ j— AUCUTT Marbil/ Fairfield Shetland , r .. 3f r I j f E y�o Tumberry; oa110 Countryside Foxmoor ��-STAR m „�`a c Simpson I -- i-. n L° Y i_ Il m toy -ndett� z ��1ng �- c$ A z n Oakto z BRIAN a _ Kate Z x pam - 11 r Ad,, c w SHAUNA e Traoon -- ry Itlt - vi O Whidaway N°off NPRG§4 CALIEN� i 1 a� a at vQ�� o (� a o Jacob - " AmsteC Uj AVALON aces ey _a m 'FQt: Conwrd BUCha�a =-y-PROVIDENCE - ��P. a T T — u' ° 9 f- rJ Galena %- Venetian i m AO e m�o _ Ti ,y p C NCO �I a E] Pgtteta(n o o� Q,19 Bend Juanita I r Julie L , L� a - LcortwilsJ Village of Montgomery N ONERY community Development Department MONTGOMERY AND YORKVILLE 1300 S.Broadway BOUNDARY LINE IXHIBIT A Montgomery,IL 60538 (630)896-8080 ,.ao...,..,.m..ma..<..a NJ. DAIE REVl90N5 ar �/a w ai ie e o o E 7;No Turnberry 3 Oa��ey — — ca � Foxrnoor m ° z m a\e�0r o Simpson a h Can n o 03 ` �\ndettw z Wing C9 A �I I ' 30�j- - ■ ■ ■ Eww ■ SUN ww * * ar w < - rl BRIAN U-u_ Kate Adam a .'am jI v Frances OAKMONT &HA�1NA o }J rl 7roon Whirlaway 0 p c,,,,Heathm R0P O= q<�F�00 ock m c P m u, Secretariat p b tJ` A stelay z ° ro Jacob ® two m N m AVALON 0JQ �� dce o ° SAVOY = o k O "arrrett Pi ymo,`' w Concord � Riley Y ASTOR z Z Ft0 �- w n ° ° PROVIDENCE R �� AY�� 0 big`° Bristol Be y= E a Buckle � � � v Gp/ 9 /9 Galena Gana o * Venetian `o R m m Op0 u E = O NC [ w:d Pierpont '� m n o CO =r. Patterson � Z fi Huntington cn 11 Li w,; ------ Pensacola Manchester z y it--_—__ �� ma I ■ F r r: r3 r o5 .� o ice ;g denl Juanita Pecos cypress Julie yp L Foy 6�°0 y i� Design Standard i Gq< Nq it --II Highland = Application Areas ' ♦♦r ' ' ' a 0 800 1,600 3,200 4 A. I. Tk - i fmay village of Montgomery Legend MONTGOMERY AND YORKVILLE N community Development Departmart DESIGN STANDARD 1300 5.Broadway Is ■ ■ EXHIBIT B Nbntgomery,IL 60538 Design Standard App,Areas APPLICATION AREAS (630)896-8080 ~ ■' AO. DATE /IFVIEIGVS y ! rurnberry3 ,�t\eY L ho__ o Foxrnoor LU Can1�0\\�rSi�ps z Simpson �. °7 O +on %ndett� z 'Xing BA E LINE _ BRIAN z Kate LL _ L Adam 1L, \am ySchram Peters Kattos Tr 0 Frances OAKMON- SHAVr1A C0 4A West ■ ■ b OPT 2 N C D-eaWhi iawa Y o the C9 \c V IMP Secretm arat �� Schram Peters 6 � _° a Jacob �e ■� ■ c e ■ e East Kahter I a e o 0 SAVOY:L G r- }�JOy ct�m arrett Plymo Concord 2 Riley y o ° ASTOR z rn c 1 %0 \�\ SC a� t 0 PROVIDENCE V m �IP _- ! MAyQ S� Bristol say a° G /_ !y— Galena G �� aS y L E Buch c m m �� 9 s� <erya +a y F Venetian E = mm OO�O L4 PierPont ' m v' �n o CON Dickson E' rT':� "Huntington Patterson m Z� Q - Pensacola _ _ °1 Manchester -1 — U I - --�:�F- '- �� 8r9r Juanita 5 9 Pecos x Cypress Julie !� ',, ;'� iI� Gee � `z. ti•r Review Process Highland Areas a d 6 f *L�__T: c _Ryder T_Cornets {j s-c 4%2--� I '''•' inn J 4.111 Feet 0 800 1,600 3 200 4 800 P,I t �� +r �`' �- - ;J =� Lit ?'; h 'b ri. I �—� l ONTGOMERY Village of Montgomery N community Development Department L.gel nd MONTGOMERY AND YORKVILLE IXHIBIT C 1300 s.Broadway Montgomery,IL 60538 ® ■Subject to Mutual Review Process REVIEW PROCESS AREAS (630)896-8080 ® ■I .W. LWT£ AEVf5ION5 �i PRAIRIE - CORNELL dJencro oN ROCHESTER C=9 der\cb° KNELL —i v O �FR/CyO © AUCUTT E N arbi//� Fairfield Shetland dry m xi m y� Turnberry� arts`/ yennedy Foxrnoor w c `m STAR d\e� o S mpsOn o n m m Y 1 2 Gar n o N N w, T °a m Lrctorta +on �indettY Z fling A Oakton J KTO� BASE LINE 30 gRIAA/ Kate A r Add \am U 3 OgkMONT BHAVNA (D 44 Troon o O 4,0 `e\d g UNTE PILLAR O T -7 EN Whirlaway 0 64- °° O ,Margaret �o aa GP� U) e M Amse Jacob V o m AVALON Jay Barrett Plymo Concord Riley o ASTOR SAVOY M •E or g c s PROVIDENCE �G 9 MAYF m o r S Bristol Bay gucha� p Galena E m m < Pierpont m Venetian a v CONCp?O p = O F� Patterson Z GP\ GqL Pensacola Huntington = � FNA o (D Manchester = o U �£ vtg Bend Juanita —° O Pecos Julie Y Cypress Q Feet Light 0 1,050 2,100 4,200 6,300 ® nw + Village of Montgomery N _ � Ad Community Development Department MONTGOMERY AND YORKVILLE .ro, �m NONTGONERY 1300 S. Broadway 0. "' ' TRANSPORTATION EXHIBIT D ®.... Montgomery,( 30)89 8 60538 AND ACCESS PLAN ""'°w•"� (630)896-8080 _._.., s s � Rp• LNJ. OAF Je��cho v arbi// m Fai field Shetland Jt;y2/cHO w� Y yh Nr Turnberry:;F ,fit\ey m F xrnoor m r r- ED m Candle\\ u d p rP 'm � +0/) Mcleff z fling BASE LINE 30 I Lon N Kate LL M am U 3 OAkA4 NT SHAUNA 'N Tr Whirlaway ° /p= 9\ IENDO g��`oo � F n Secretar at 7 or�Mar� ret 'Q �aa 3 a Jacob Amste N m AVALON JQy Barret Piymo ace d— Riley o �� ASTOR SAVOY 7>E m Ro Q t c s ac t PROVIDE CE MAy�� r e gucha� > m Gp�9 —� _—_ Galena Zro m PierAont co Venetian ICONCORO ' \ = o untington Patterson (D Z- Q o Pensacola V Manchester L) o p Bend Juanita a t m Julie �5- Tess U J j 01 0 pk � yU QO m Foster P 0� GAFF A Highland m a croc GA�FNA �o\�erine Village of Montgomery E mwa N community Development Department o 462.5 szs 1,E50 MONTGOMERY AND YORKVILLE MOUGOMERY 1300 S.Broadway — Bike and Pedestrian Paths BICYCLE AND PEDESTRIAN EXHIBIT E �® Nontgome y,IL 60538 PATH PLAN m. (63o)696-6060 A9. DAi£ IIEV(SIQVS ' NOTE : THE PATH CONSTRUCTION AND MATERIALS SHALL BE IN ACCORDANCE WITH IDOVS "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION . " 2 " COMPACTED BITUMINOUS CONCRETE SURFACE COURSE 6 " COMPACTED AGGREGATE BASE COURSE BACKFILL DISTURBED AREA TO EDGE OF TRAIL WITH TOPSOIL AND SEED W 1 ' TYP 10 ' WIDTH m x w 2 % CROSS SLOPE z uj w uj . ag ° W 8 ° °: W° o 00 p • o. � o =J1„1U , 1111. 1J1J1 „1L1T1„,1J1, ill, ,lll. , I r W of Q a o O r 0 m I J m � J NON - WOVEN GEOTEXTILE Y E fl FABRIC FOR BAD SOIL AREAS Q PREPARED AND COMPACTED SUBGRADE m 0 0 N � f` ® O O r j O Lu N � F N z � O E j 0 EXHOIBIT E1 U m Engineering ■ m Enterprises, j '"c MONTGOMERY AND YORKVILLE FL COPYRIGHT ® 2007 ENGINEERING ENTERPRISES, INC. BIKE PATH CONSTRUCTION IL 0 Sifl7pson 0 0 g +01) '%ndetp z Kate It i?,RIAN %- .0T E '0 III Adam LL . ,arn FA U 0 Frances SHAUN A cq Peters Kattos OA"'MONT Schram Troon West All 0 -0 -12 MOP= Whirlaway o @,Heath, G ? , z 09 \(-\o gp T Secretariat Amstee M 0 a Jacob Schram Peters A AVALON 0 & East 1�i Kahter 'M Riley 0- 0 SAVOY"�i G) Concord �r of ASTOR > m C V'Ov 0) Z -Z -z- PROVIDENCE (P In -;�5 AI 4- MAN( Galena (9 Bristol Say Bucher E m Venetian 0 1: 'AID m E Pierpont CONGO 4" 0 Dickson ■ rt — Patterson M -4. Pensacola Patterson r T: . Manchester ID Q: I Juanita Cypre Pecos I W SS Julieo It I . I M C; 000 -j 0 4i- !7 7 y Highland r IT Z. Oaz"Q rine Q 440 ONO car �TI - (D ff "L T11 1d Corneils r R 0'Nathan L. b T rnmrn I MINE-- Feet -2 0 800 1,600 3,200 4,800 Village of Montgomery Legend TGOMERY AND N Community Development Department MON YORkVILLE 1300 S.Broadway RAYMOND REGIONAL BASIN EXHIBIT Mntgomery,I L 60538 ■ Possible Tributary Areas (630)896-8080 = Raymond regional Basin `QED C/p` Reviewed By: Agenda Item Number J� T Legal ❑ „ Finance ❑ EST. 1836 Engineer ❑ L City Administrator ❑ Tracking Number 11 ?O Police ❑ CEHuman Resources F-1 Cb W q op-7 — Li Public Works ❑ City Council Agenda Item Summary Memo Title: Cable and Video Competition Bill Ordinances City Council/COW/Committee Agenda Date: COW—November 27, 2007 Synopsis: Three ordinances the City should consider in light of AT&T's statewide franchise authority and planned roll out of video services. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: co, r. Memorandum To: City Council EST. , 1836 From: Bart Olson, Assistant City Administrator 4 CC: Brendan McLaughlin, City Administrator p� � ft p` Date: November 7, 2007 Subject: Cable and Video Competition Bill related ordinances Over the summer, the Illinois state legislature passed a new cable and communications competition bill that allows video operators to distribute services to residents by acquiring a state-wide franchise authorization. Previous to passage of this bill, video operators (more specifically, cable operators) were required to enter into a local cable franchise agreement with each municipality in which they wished to offer cable service. The result of these local franchise agreements was municipally specific provisions that involved donations, fees, right-of-way standards and consumer protections via customer service standards. With the passage of the most recent bill, the local control via franchise agreements was eroded; however, the bill allows for municipalities to pass ordinances that govern most of the provisions previously governed under franchise agreements. There are three ordinances that the Council should consider in light of the new Cable and Video Competition bill: the right-of-way protection ordinance, the franchise fee and PEG fee ordinance, and the customer service and privacy protection ordinance. The purpose of their placement on the COW agenda is to give you an opportunity to be introduced to each ordinance, ask questions, and be prepared to consider the ordinances in December. The right-of-way protection ordinance is being reviewed by staff to make sure it is Yorkville-specific. The form of the ordinance comes straight from the Illinois Municipal League, and has been edited by both Attorney Roth and Attorney Orr. The copy of the ordinance in your packet contains comments from staff generated from one round of review; it will need additional review. The purpose of the ordinance is to protect the health, safety and welfare of the citizens by regulating how, when, where, and why private organizations can install and maintain objects in the right-of-way (photos of AT&T utility boxes in other states are attached). This ordinance has no strict deadline for passage — however, if the Council is in favor of it in concept, the ordinance should be passed before February, as this is the time that AT&T expects to roll out its video services in our area. The franchise fee and PEG fee ordinance is being reviewed by staff to make sure it is in line with the franchise fees already imposed by the City on Comcast. The City is allowed to impose a franchise fee on state franchises in the same amount as is imposed on incumbent cable operators. Currently, the City imposes a franchise fee of 5% of annual gross revenues and the maximum allowed by the new Cable and Video Competition bill is 5% of annual gross revenues. Additionally, if the City utilizes PEG channels (Public, Education, and Government channels), an additional 1 % of gross revenues may be collected for PEG support. In order to capture the revenues from AT&T's video service from its initial day of service forward, the City should pass this ordinance by the end of the calendar year. The customer service and privacy protection ordinance is being reviewed by staff for purposes of drafting a policy option memo to Council on the merits of passing this ordinance in full, in part, or not at all. The new Cable and Video Competition Law imposes a number of new standards for customer service and privacy protection on cable and video operators, and both municipalities and the Attorney General's office have concurrent authority to enforce them. We will need to look at each one of the new standards and decide if we want to enforce them ourselves, or rely on the Attorney General's office (the ordinance as written places enforce responsibility with the City). There is no strict deadline on this ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE UNITED CITY OF YORKVILLE BY ESTABLISHING STANDARDS FOR THE CONSTRUCTION OF FACILITIES ON THE RIGHTS-OF-WAY WHEREAS, the United City of Yorkville (the "City") is an Illinois municipal corporation and municipality in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations, which pertain to its government and affairs, that govern the use of public rights-of- way and that protect the public health, safety, and welfare of its citizens; and WHEREAS, the City uses the public rights-of-way within its corporate limits to provide essential public services to its residents and businesses, including, but not limited to, traffic control signals, water, sanitary sewer and storm sewer; and WHEREAS, other utility service providers, including electricity, telephone, natural gas and cable television and video service providers have placed, or from time to time may request to place, certain utility facilities in the public rights-of-way within the City; and WHEREAS, legislatures and regulatory agencies at the State and federal levels have implemented changes in the regulatory framework to enhance competition in the providing of various utility services; and WHEREAS, the combination of legislative and regulatory changes and the development of new technologies has led additional service providers to seek opportunities to provide services in the City; and WHEREAS, these regulatory and technological changes have resulted in demands for access to and use of the public rights-of-way in the City as service providers, particularly in the video and communications services, attempt to provide new or additional services to compete with incumbent service providers; and WHEREAS, unlike prior deregulations of utility services in which incumbent service providers have been required to make their transmission and/or distribution systems available to competitors, video and communications services seeking to compete with incumbent service providers are seeking to install their own facilities for delivering competing video and communications services; thereby increasing the number of service providers seeking access to and use of the public rights-of-way in the City; and WHEREAS, the public rights-of-way within the City are a limited public resource held in trust by the City for the benefit of its citizens and the City has a custodial duty to ensure that the public rights-of-way are used, repaired and maintained in a manner that best serves the public interest; and l WHEREAS, the corporate authorities of the City find and determine that it is necessary to and in the best interests of the public health, safety and general welfare to establish uniform standards and regulations for access to and use of the public rights-of-way in the City by utility service providers and other persons and entities that desire to place structures, facilities or equipment in the public rights-of-way, so as to (i) prevent interference with the use of streets, sidewalks, alleys and other public ways and places by the City and the general public, (ii) protect against visual and physical obstructions to vehicular and pedestrian traffic, (iii) prevent interference with the facilities and operations of the City's utilities and of other utilities lawfully located in public rights-of-way or property, (iv) protect against environmental damage, including damage to trees, from the installation of utility facilities, (v) preserve the character of the neighborhoods in which facilities are installed, (vi) prevent visual blight, and (vii) assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations; and WHEREAS, this Ordinance is adopted pursuant to the provisions of (i) the Illinois Municipal Code, 65 ILCS 5/1 - 1 - 1 , et seq., including, without limitation, Sections 11 -20-5, 11 - 20-10, 11 -42- 11 , 11 -42-11 .2, 11 -80-1 , 11 -80-3, 11 -80-6, 11 -80-7, 11 -80-8, 11 -80- 10, and 11 -80- 13 ; (ii) Section 4 of the Telephone Company Act, 220 ILCS 65/4; (iii) the Illinois Highway Code, including, without limitation, Articles 7 and 9 thereof, 605 ILCS 5/1 - 101 et seq.; (iv) the Simplified Municipal Telecommunications Tax Act, 35 ILCS 636/1 et seq. and (v) the Cable and Video Competition Law of 2007, 220 ILCS 5/21 - 100 et seq.; and WHEREAS, this Ordinance establishes generally applicable standards for construction on, over, above, along, upon, under, across, or within the public right-of-way, and for the use of and repair of the public right-of-way; and WHEREAS, in the enactment of this Ordinance, the City has considered a variety of standards for construction on, over, above, along, under, across, or within, use of and repair of the public right-of-way, including, but not limited to, the standards relating to Accommodation of Utilities on Right-of-Way of the Illinois State Highway System promulgated by the Illinois Department of Transportation and found at 92 Ill. Adm. Code § 530. 10 et seq.; and WHEREAS, the City hereby finds that it is in the best interest of the City, the public and the utilities using the public rights-of-way to establish a comprehensive set of construction standards and requirements to achieve various beneficial goals, including, without limitation, enhancing the planning of new utility facilities; minimizing interference with, and damage to, rights-of-way and the streets, sidewalks, and other structures and improvements located in, on, over and above the rights-of-way; and reducing costs and expenses to the public. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville as follows: Section 1. Recitals. The facts and statements contained in the preambles to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2. Adoption. The Municipal Code of the United City of Yorkville shall be amended by the addition of Title 12 that will read as follows: 2 TITLE 12 RIGHTS-OF-WAY CHAPTER 1 CONSTRUCTION OF UTILITY FACILITIES IN THE RIGHTS-OF-WAY 1-1-1 : PURPOSE AND SCOPE: A. Purpose. The purpose of this Chapter is to establish policies and procedures for constructing facilities on rights-of-way within the City' s jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the City rights-of-way and the City as a whole. B. Intent. In enacting this Chapter the City intends to exercise its authority over the rights-of- way in the City and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including without limitation: 1) prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; 2) prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; 3) prevent interference with the facilities and operations of the City's utilities and of other utilities lawfully located in rights-of-way or public property; 4) protect against environmental damage, including damage to trees, from the installation of utility facilities; 5) protect against increased stormwater run-off due to structures and materials that increase impermeable surfaces; 6) preserve the character of the neighborhoods in which facilities are installed; 7) preserve open space, particularly the tree-lined parkways that characterize the City's residential neighborhoods; 8) prevent visual blight from the proliferation of facilities in the rights-of-way; and 9) assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations. C. Facilities Subject to this Chapter. This Chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the City. A facility lawfully established prior to the effective date of this Chapter may continue to be maintained, 3 repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement. D. Franchises, Licenses, or Similar Agreements. The City, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the City rights- of-way. Utilities that are not required by law to enter into such an agreement may request that the City enter into such an agreement. In such an agreement, the City may provide for terms and conditions inconsistent with this Chapter. E. Effect of Franchises, Licenses, or Similar Agreements. 1 ) Utilities Other Than Telecommunications Providers. In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the City, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof. 2) Telecommunications Providers. In the event of any conflict with, or inconsistency between, the provisions of this Chapter and the provisions of any franchise, license or similar agreement between the City and any telecommunications provider, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof F. Conflicts with Other Chapters. This Chapter supersedes all Chapters or parts of Chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict. G. Conflicts with State and Federal Laws. In the event that applicable federal or State laws or regulations conflict with the requirements of this Chapter, the utility shall comply with the requirements of this Chapter to the maximum extent possible without violating federal or State laws or regulations. H. Sound Engineering Judgment. The City shall use sound engineering judgment when administering this Chapter and may vary the standards, conditions, and requirements expressed in this Chapter when the City so determines. Nothing herein shall be construed to limit the ability of the City to regulate its rights-of-way for the protection of the public health, safety and welfare. 1-1-2: DEFINITIONS: As used in this Chapter and unless the context clearly requires otherwise, the words and terms listed shall have the meanings ascribed to them in this Section. Any term not defined in this Section shall have the meaning ascribed to it in 92 Ill. Adm. Code § 530.30, unless the context clearly requires otherwise. "AASHTO" - American Association of State Highway and Transportation Officials. 4 "ANSI" - American National Standards Institute. "Applicant'- A person applying for a permit under this Chapter. "ASTM" - American Society for Testing and Materials. "Backfill" - The methods or materials for replacing excavated material in a trench or pit. "Bore" or "Boring" - To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor. "Cable operator" - That term as defined in 47 U.S.C. 522(5). "Cable service" - That term as defined in 47 U.S.C. 522(6). "Cable system" - That term as defined in 47 U.S.C. 522(7). "Carrier Pipe" - The pipe enclosing the liquid, gas or slurry to be transported. "Casing" - A structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices. "City" - The United City of Yorkville, Illinois. "Clear Zone" - The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non- recoverable slope, and a clear run-out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO Roadside Design Guide. "Coating" - Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion. "Code" - The Municipal Code of the United City of Yorkville, Illinois. "Conductor" - Wire carrying electrical current. "Conduit" - A casing or encasement for wires or cables. "Construction" or "Construct" - The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities. "Cover" - The depth of earth or backfrll over buried utility pipe or conductor. "Crossing Facility" - A facility that crosses one or more right-of-way lines of a right-of-way. "Director of Public Works" - The City Director of Public Works or his or her designee. 5 "Disrupt the Right-of-Way" - For the purposes of this Chapter, any work that obstructs the right- of-way or causes a material adverse effect on the use of the right-of-way for its intended use. Such work may include, without limitation, the following: excavating or other cutting; placement (whether temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; and compaction or loosening of the soil, and shall not include the parking of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a highway. "Emergency" - Any immediate maintenance to the facility required for the safety of the public using or in the vicinity of the right-of-way or immediate maintenance required for the health and safety of the general public served by the utility. "Encasement" - Provision of a protective casing. "Engineer" - The City Engineer or his or her designee. "Equipment" - Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities. "Excavation" - The making of a hole or cavity by removing material, or laying bare by digging. "Extra Heavy Pipe" - Pipe meeting ASTM standards for this pipe designation. "Facility" - All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way under this Chapter. For purposes of this Chapter, the term "facility" shall not include any facility owned or operated by the City. "Freestanding Facility" - A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station. "Frontage Road" - Roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access to a highway. "Hazardous Materials" - Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the City Engineer to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation. "Highway Code" - The Illinois Highway Code, 605 ILCS 511- 101 et seq., as amended from time to time. 6 "Highway" - A specific type of right-of-way used for vehicular traffic including rural or urban roads or streets. "Highway" includes all highway land and improvements, including roadways, ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic. "Holder" - A person or entity that has received authorization to offer or provide cable or video service from the ICC pursuant to the Illinois Cable and Video Competition Law, 220 ILCS 5/21 - 401 . "IDOT" - Illinois Department of Transportation. "ICC" - Illinois Commerce Commission. "Jacking" - Pushing a pipe horizontally under a roadway by mechanical means with or without boring. "Jetting" - Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe. "Joint Use" - The use of pole lines, trenches or other facilities by two or more utilities. "J.U.L.I.E." - The Joint Utility Locating Information for Excavators utility notification program. "Major Intersection" - The intersection of two or more major arterial highways. "Occupancy" - The presence of facilities on, over or under right-of-way. "Parallel Facility" - A facility that is generally parallel or longitudinal to the centerline of a right- of-way. "Parkway" - Any portion of the right-of-way not improved by street or sidewalk. "Pavement Cut" - The removal of an area of pavement for access to facility or for the construction of a facility. "Permittee" - That entity to which a permit has been issued pursuant to Sections 4 and 5 of this Chapter. "Practicable" - That which is performable, feasible or possible, rather than that which is simply convenient. "Pressure" - The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig). "Petroleum Products Pipelines" - Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry. "Prompt'- That which is done within a period of time specified by the City. If no time period is specified, the period shall be 30 days. 7 "Public Entity" - A legal entity that constitutes or is part of the government, whether at local, state or federal level. "Restoration" - The repair of a right-of-way, highway, roadway, or other area disrupted by the construction of a facility. "Right-of-Way" or "Rights-of-Way"- Any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements, in which the City has the right and authority to authorize, regulate or permit the location of facilities other than those of the City. "Right-of-way" or "Rights-of-way" shall not include any real or personal City property that is not specifically described in the previous two sentences and shall not include City buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right-of-way. "Roadway" - That part of the highway that includes the pavement and shoulders. "Sale of Telecommunications at Retail" - The transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale. "Security Fund" - That amount of security required pursuant to Section 10 of this Chapter. "Shoulder" - A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement. "Sound Engineering Judgment" - A decision(s) consistent with generally accepted engineering principles, practices and experience. "Telecommunications" - This term includes, but is not limited to, messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way or two-way communications, and any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. "Private line" means a dedicated non-traffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations. "Telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission. "Telecommunications" shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the end-to-end communications. "Telecommunications" shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 U.S.C. 8 Sections 521 and following), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the City through an open video system as defined in the Rules of the Federal Communications Commission (47 C.F.R. §76. 1500 and following), as now or hereafter amended. "Telecommunications Provider" - Means any person that installs, owns, operates or controls facilities in the right-of-way used or designed to be used to transmit telecommunications in any form. "Telecommunications Retailer" - Means and includes every person engaged in making sales of telecommunications at retail as defined herein. "Trench" - A relatively narrow open excavation for the installation of an underground facility. "Utility" - The individual or entity owning or operating any facility as defined in this Chapter. "Vent" - A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing. "Video Service" - That term as defined in Section 21 -201 (v) of the Illinois Cable and Video Competition Law of 2007, 220 ILCS 21-201 (v). "Water Lines" - Pipelines carrying raw or potable water. "Wet Boring" - Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material. 1-1-3: ANNUAL REGISTRATION REQUIRED: Every utility that occupies right-of-way within the City shall register on January 1 of each year with the Engineer, providing the utility's name, address and regular business telephone and telecopy numbers, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility's facilities in the right-of-way and a 24-hour telephone number for each such person, and evidence of insurance as required in Section 8 of this Chapter, in the form of a certificate of insurance. 1-1-4: PERMIT REQUIRED; APPLICATIONS AND FEES: A. Permit Required. No person shall construct (as defined in this Chapter) any facility on, over, above, along, upon, under, across, or within any City right-of-way which (1 ) changes the location of the facility, (2) adds a new facility, (3) disrupts the right-of-way (as defined in this Chapter), or (4) materially increases the amount of area or space occupied by the facility on, over, above, along, under across or within the right-of-way, without first filing an application with the City Engineer and obtaining a permit from the City therefor, except as otherwise provided in this Chapter. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the right-of-way. 9 B. Permit Application. All applications for permits pursuant to this Chapter shall be filed on a form provided by the City and shall be filed in such number of duplicate copies as the City may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly. C. Minimum General Application Requirements. The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following: 1) The utility's name and address and telephone and telecopy numbers; 2) The applicant's name and address, if different than the utility, its telephone, telecopy numbers, e-mail address, and its interest in the work; 3) The names, addresses and telephone and telecopy numbers and e-mail addresses of all professional consultants, if any; advising the applicant with respect to the application; 4) A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed; 5) Evidence that the utility has placed on file with the City: i) A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the Illinois Manual on Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and ii) An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the City and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this Section unless the City finds that additional information or assurances are needed; 6) Drawings, plans and specifications showing the work proposed, including the certification of an Illinois' licensed professional engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations; 7) Evidence of insurance as required in Section 8 of this Chapter; 8) Evidence of posting of the security fund as required in Section 10 of this Chapter; 10 9) Any request for a variance from one or more provisions of this Chapter (See Section 21); and 10) Such additional information as may be reasonably required by the City. D. Supplemental Application Requirements for Specific Types of Utilities. In addition to the requirements of Subsection C of this Section, the permit application shall include the following items, as applicable to the specific utility that is the subject of the permit application: 1) In the case of the installation of a new electric power, communications, telecommunications, cable television service, video service or natural gas distribution system, evidence that any "Certificate of Public Convenience and Necessity" or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other jurisdictional authority; 2) In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures; 3) In the case of water lines, indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied; 4) In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control, the Metropolitan Water Reclamation District, and the Yorkville-Bristol Sanitary District have been satisfied; or 5) In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed. E. Applicant's Duty to Update Information. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility in writing to the City within thirty (30) days after the change necessitating the amendment. F. Application Fees. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this Chapter shall be accompanied by a fee in the amount of $50. No application fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act. 1-1-5: ACTION ON PERMIT APPLICATIONS: A. City Review of Permit Applications. Completed permit applications, containing all required documentation, shall be examined by the City Engineer within a reasonable time after filing. If the application does not conform to the requirements of applicable ordinances, codes, laws, rules, 11 and regulations, the City Engineer shall reject such application in writing, stating the reasons therefor. If the City Engineer is satisfied that the proposed work conforms to the requirements of this Chapter and applicable ordinances, codes, laws, rules, and regulations, the City Engineer shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the City Engineer, that the construction proposed under the application shall be in full compliance with the requirements of this Chapter. B. Additional City Review of Applications of Telecommunications Retailers. 1 ) Pursuant to Section 4 of the Telephone Company Act, 220 ILCS 65/4, a telecommunications retailer shall notify the City that it intends to commence work governed by this Chapter for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the City not less than forty-five (45) days prior to the commencement of work requiring no excavation and not less than forty-five (45) days prior to the commencement of work requiring excavation. The City Engineer shall specify the portion of the right-of- way upon which the facility may be placed, used and constructed. 2) In the event that the City Engineer fails to provide such specification of location to the telecommunications retailer within either (i) forty-five (45) days after service of notice to the City by the telecommunications retailer in the case of work not involving excavation for new construction or (ii) forty-five (45) days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this Chapter. 3) Upon the provision of such specification by the City, where a permit is required for work pursuant to Section 4 of this Chapter the telecommunications retailer shall submit to the City an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of Subsection A of this Section. C. Additional City Review of Applications of Holders of State Authorization Under the Cable and Video Competition Law of 2007. Applications by a utility that is a holder of a State-issued authorization under the Cable and Video Competition Law of 2007 shall be deemed granted forty-five (45) days after submission to the City, unless otherwise acted upon by the City, provided the holder has complied with applicable City codes, ordinances, and regulations. 1-1-6: EFFECT OF PERMIT: A. Authority Granted, No Property Right or Other Interest Created. A permit from the City authorizes a permittee to undertake only certain activities in accordance with this Chapter on City rights-of-way, and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the rights-of-way. 12 B. Duration. No permit issued under this Chapter shall be valid for a period longer than six (6) months unless construction is actually begun within that period and is thereafter diligently pursued to completion. C. Pre-construction meeting required. No construction shall begin pursuant to a permit issued under this Chapter prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a pre-construction meeting. The pre-construction meeting shall be held at a date, time and place designated by the City with such City representatives in attendance as the City deems necessary. The meeting shall be for the purpose of reviewing the work under the permit, and reviewing special considerations necessary in the areas where work will occur, including, without limitation, presence or absence of other utility facilities in the area and their locations, procedures to avoid disruption of other utilities, use of rights-of-way by the public during construction, and access and egress by adjacent property owners. D. Compliance with All Laws Required. The issuance of a permit by the City does not excuse the permittee from complying with other requirements of the City and applicable statutes, laws, ordinances, rules, and regulations. 1-1-7: REVISED PERMIT DRAWINGS: In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the City within ninety (90) days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this Chapter, it shall be treated as a request for variance in accordance with Section 21 of this Chapter. If the City denies the request for a variance, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor. 1-1-8: INSURANCE: A. Required Coverages and Limits. Unless otherwise provided by franchise, license, or similar agreement, each utility occupying right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the City, and its elected and appointed officers, officials, agents, and employees as additional insureds on the policies listed in paragraphs 1 and 2 below: 1) Commercial general liability insurance, including premises-operations, explosion, collapse, and underground hazard (commonly referred to as "X," "C," and "U" coverages) and products-completed operations coverage with limits not less than: i) Five million dollars ($5,000,000) for bodily injury or death to each person; 13 ii) Five million dollars ($5,000,000) for property damage resulting from any one accident; and iii) Five million dollars ($5,000,000) for all other types of liability; 2) Automobile liability for owned, non-owned and hired vehicles with a combined single limit of one million dollars ($ 1 ,000,000) for personal injury and property damage for each accident; 3) Worker's compensation with statutory limits; and 4) Employer's liability insurance with limits of not less than one million dollars ($ 1 ,000,000) per employee and per accident. If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this Section. B. Excess or Umbrella Policies. The coverages required by this Section may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following-form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. C. Copies Required. The utility shall provide copies of any of the policies required by this Section to the City within ten (10) days following receipt of a written request therefor from the City. D. Maintenance and Renewal of Required Coverages. The insurance policies required by this Section shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the City, by registered mail or certified mail, return receipt requested, of a written notice addressed to the City Mayor of such intent to cancel or not to renew." Within ten (10) days after receipt by the City of said notice, and in no event later than ten (10) days prior to said cancellation, the utility shall obtain and furnish to the City evidence of replacement insurance policies meeting the requirements of this Section. E. Self-Insurance. A utility may self-insure all or a portion of the insurance coverage and limit requirements required by Subsection A of this Section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under Subsection A, or the requirements of Subsections B, C and D of this Section. A utility that elects to self-insure shall provide to the City evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under Subsection A of this Section, such as evidence that the utility is a "private self insurer" under the Workers Compensation Act. 14 F. Effect of Insurance and Self-Insurance on Utility's Liability. The legal liability of the utility to the City and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this Section shall not be limited by such insurance policies or self- insurance or by the recovery of any amounts thereunder. G. Insurance Companies. All insurance provided pursuant to this Section shall be effected under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the State of Illinois. [All insurance carriers and surplus line carriers shall be rated "A- " or better and of a class size 'W' or higher by A.M. Best Company.] 1-1-9: INDEMNIFICATION: By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to defend, indemnify and hold the City and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights-of-way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this Chapter or by a franchise, license, or similar agreement; provided, however, that the utility's indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this Chapter by the City, its officials, officers, employees, agents or representatives. 1-1-10: SECURITY: A. Purpose. The permittee shall establish a Security Fund in a form and in an amount as set forth in this Section. The Security Fund shall be continuously maintained in accordance with this Section at the permittee' s sole cost and expense until the completion of the work authorized under the permit. The Security Fund shall serve as security for: 1 ) The faithful performance by the permittee of all the requirements of this Chapter; 2) Any expenditure, damage, or loss incurred by the City occasioned by the permittee's failure to comply with any codes, rules, regulations, orders, permits and other directives of the City issued pursuant to this Chapter; and 3) The payment by permittee of all liens and all damages, claims, costs, or expenses that the City may pay or incur by reason of any action or non-performance by permittee in violation of this Chapter including, without limitation, any damage to public property or restoration work the permittee is required by this Chapter to perform that the City must perform itself or have completed as a consequence solely of the permittee' s failure to perform or complete, and all other payments due the City from the permittee pursuant to this Chapter or any other applicable law. 15 B. Form. The permittee shall provide the Security Fund to the City in the form, at the permittee's election, of cash, a surety bond in a form acceptable to the City, or an unconditional letter of credit in a form acceptable to the City. Any surety bond or letter of credit provided pursuant to this Subsection shall, at a minimum: 1 ) Provide that it will not be canceled without 90-day prior cancellation notice to the City and the permittee; 2) Not require the consent of the permittee prior to the collection by the City of any amounts covered by it; and 3) Shall provide a location convenient to the City and within the State of Illinois at which it can be drawn. C. Amount. The dollar amount of the Security Fund shall be sufficient to provide for the reasonably estimated cost to restore the right-of-way to at least as good a condition as that existing prior to the construction under the permit, as determined by the City Engineer, and may also include reasonable, directly related costs that the City estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the City, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the City Engineer may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the Security Fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this Subsection C for any single phase. D. Withdrawals. The City, upon fourteen (14) days' advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this Subsection, may withdraw an amount from the Security Fund, provided that the permittee has not reimbursed the City for such amount within the fourteen (14) day notice period. Withdrawals may be made if the permittee: 1) Fails to make any payment required to be made by the permittee hereunder; 2) Fails to pay any liens relating to the facilities that are due and unpaid; 3) Fails to reimburse the City for any damages, claims, costs or expenses which the City has been compelled to pay or incur by reason of any action or non- performance by the permittee; or 4) Fails to comply with any provision of this Chapter that the City determines can be remedied by an expenditure of an amount in the Security Fund. E. Replenishment. Within fourteen (14) days after receipt of written notice from the City that any amount has been withdrawn from the Security Fund, the permittee shall restore the Security Fund to the amount specified in Subsection C of this Section. 16 F. Interest. The permittee may request that any and all interest accrued on the amount in the Security Fund be returned to the permittee by the City, upon written request for said withdrawal to the City, provided that any such withdrawal does not reduce the Security Fund below the minimum balance required in Subsection C of this Section. G. Closing and Return of SecurityFund. Upon completion of the work authorized under the permit, the permittee shall be entitled to the return of the Security Fund, or such portion thereof as remains on deposit, within a reasonable time after account is taken for all offsets necessary to compensate the City for failure by the permittee to comply with any provisions of this Chapter or other applicable law. In the event of any revocation of the permit, the Security Fund, and any and all accrued interest therein, shall become the property of the City to the extent necessary to cover any reasonable costs, loss or damage incurred by the City as a result of said revocation, provided that any amounts in excess of said costs, loss or damage shall be refunded to the permittee. H. Rights Not Limited. The rights reserved to the City with respect to the Security Fund are in addition to all other rights of the City, whether reserved by this Chapter or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said Security Fund shall affect any other right the City may have. Notwithstanding the foregoing, the City shall not be entitled to a double monetary recovery with respect to any of its rights which may be infringed or otherwise violated. 1-1-11 : PERMIT SUSPENSION AND REVOCATION: A. City Right to Revoke Permit. The City may revoke or suspend a permit issued pursuant to this Chapter for one or more of the following reasons: 1) Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application; 2) Non-compliance with this Chapter; 3) Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon, under, across, or within the rights-of-way presents a direct or imminent threat to the public health, safety, or welfare; or 4) Perm ittee's failure to construct the facilities substantially in accordance with the permit and approved plans. B. Notice of Revocation or Suspension. The City shall send written notice of its intent to revoke or suspend a permit issued pursuant to this Chapter stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this Section 11 . C. Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension. Upon receipt of a written notice of revocation or suspension from the City, the permittee shall have the following options: 17 1 ) Immediately provide the City with evidence that no cause exists for the revocation or suspension; 2) Immediately correct, to the satisfaction of the City, the deficiencies stated in the written notice, providing written proof of such correction to the City within five (5) working days after receipt of the written notice of revocation; or 3) Immediately remove the facilities located on, over, above, along, upon, under, across, or within the rights-of-way and restore the rights-of-way to the satisfaction of the City providing written proof of such removal to the City within ten (10) days after receipt of the written notice of revocation. The City may, in its discretion, for good cause shown, extend the time periods provided in this Subsection. D. Stop Work Order. In addition to the issuance of a notice of revocation or suspension, the City may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within Subsection A of this Section. E. Failure or Refusal of the Permittee to Comply. If the permittee fails to comply with the provisions of Subsection C of this Section, the City or its designee may, at the option of the City: (1 ) correct the deficiencies; (2) upon not less than twenty (20) days notice to the permittee, remove the subject facilities or equipment; or (3) after not less than thirty (30) days notice to the permittee of failure to cure the non-compliance, deem them abandoned and property of the City. The permittee shall be liable in all events to the City for all costs of removal. 1-1-12: CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL STATUS: A. Notification of Change. A utility shall notify the City no less than thirty (30) days prior to the transfer of ownership of any facility in the right-of-way or change in identity of the utility. The new owner of the utility or the facility shall have all the obligations and privileges enjoyed by the former owner under the permit, if any, and applicable laws, ordinances, rules and regulations, including this Chapter, with respect to the work and facilities in the right-of-way. B. Amended Permit. A new owner shall request that any current permit be amended to show current ownership. If the new owner fails to have a new or amended permit issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the City's right-of-way. C. Insurance and Bonding. All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer. 1-1-13: GENERAL CONSTRUCTION STANDARDS: A. Standards and Principles. All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, 18 the principles and standards set forth in the following IDOT publications, as amended from time to time: 1 ) Standard Specifications for Road and Bridge Construction; 2) Supplemental Specifications and Recurring Special Provisions; 3) Highway Design Manual; 4) Highway Standards Manual; 5) Standard Specifications for Traffic Control Items; 6) Illinois Manual on Uniform Traffic Control Devices (92 Ill. Adm. Code § 545); 7) Flagger's Handbook; and 8) Work Site Protection Manual for Daylight Maintenance Operations. B. Interpretation of Municipal Standards and Principles. If a discrepancy exists between or among differing principles and standards required by this Chapter, the City Engineer shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the City Engineer shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future. 1-1-14: TRAFFIC CONTROL: A. Minimum Requirements. The City's minimum requirements for traffic protection are contained in IDOT' s Illinois Manual on Uniform Traffic Control Devices and this Code. B. Warning Signs, Protective Devices, and Flaggers. The utility is responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting applicable federal, state, and local requirements for protection of the public and the utility's workers when performing any work on the rights-of-way. C. Interference with Traffic. All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic. D. Notice When Access is Blocked. At least forty-eight (48) hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to Section 20 of this Chapter, the utility shall provide such notice as is practicable under the circumstances. E. Compliance. The utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility's attention by the City. 1-1-15: LOCATION OF FACILITIES: 19 A. General Requirements. In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection. 1 ) No Interference with City Facilities. No utility facilities shall be placed in any location if the City Engineer determines that the proposed location will require the relocation or displacement of any of the City's utility facilities or will otherwise interfere with the operation or maintenance of any of the City's utility facilities. 2) Minimum Interference and Impact. The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right-of-way. 3) No Interference with Travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way. 4) No Limitations on Visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way. 5) Size of Utility Facilities. The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application. B. Parallel Facilities Located Within Highways. 1 ) Overhead Parallel Facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only i£ i) Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit; ii) Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available; iii) Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet ( 1 .2 m) outside the outer shoulder line of the roadway and are not within the clear zone; iv) No pole is located in the ditch line of a highway; and v) Any ground-mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line. 2) Underground Parallel Facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if- 20 i) The facility is located as near the right-of-way line as practicable and not more than eight (8) feet (2.4 m) from and parallel to the right-of-way line; ii) A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and iii) In the case of an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and not more than five (5) feet (1 .5 m) from the right-of-way line and any above- grounded appurtenance shall be located within one foot (0.3 m) of the right-of-way line or as near as practicable. C. Facilities Crossing Highways. 1) No Future Disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of City highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities. 2) Cattle Passes Culverts, or Drainage Facilities. Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities. 3) 90 Degree Crossing Required. Crossing facilities shall cross at or as near to a ninety (90) degree angle to the centerline as practicable. 4) Overhead Power or Communication Facility. An overhead power or communication facility may cross a highway only if: i) It has a minimum vertical line clearance as required by ICC's rules entitled, "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305); ii) Poles are located within one foot (0.3 m) of the right-of-way line of the highway and outside of the clear zone; and iii) Overhead crossings at major intersections are avoided. 5) Underground Power or Communication Facility. An underground power or communication facility may cross a highway only if. i) The design materials and construction methods will provide maximum maintenance-free service life; and ii) Capacity for the utility's foreseeable future expansion needs is provided in the initial installation. 21 6) Markers. The City may require the utility to provide a marker at each right-of- way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current Federal regulations. (49 C.F.R. § 192.707 (1989)). D. Facilities to be Located Within Particular Rights-of-Way. The City may require that facilities be located within particular rights-of-way that are not highways, rather than within particular highways. E. Freestanding Facilities. 1 ) The City may restrict the location and size of any freestanding facility located within a right-of-way. 2) The City may require any freestanding facility located within a right-of-way to be screened from view. F. Facilities Installed Above Ground. Above ground facilities may be installed only if: 1) No other existing facilities in the area are located underground; 2) New underground installation is not technically feasible; and 3) The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single-pole construction with vertical configuration of conductors and cable. Existing utility poles and light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged. G. Facility Attachments to Bridges or Roadway Structures. 1 ) Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted. 2) A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations: 22 i) The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility; ii) The type, length, value, and relative importance of the highway structure in the transportation system; iii) The alternative routings available to the utility and their comparative practicability; iv) The proposed method of attachment; v) The ability of the structure to bear the increased load of the proposed facility; vi) The degree of interference with bridge maintenance and painting; vii) The effect on the visual quality of the structure; and viii) The public benefit expected from the utility service as compared to the risk involved. H. Appearance Standards. 1 ) The City may prohibit the installation of facilities in particular locations in order to preserve visual quality. 2) A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the right-of-way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed. 1-1-16: CONSTRUCTION METHODS AND MATERIALS: A. Standards and Requirements for Particular Types of Construction Methods. 1) Boring or Jacking. i) Pits and Shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Director of Public Works from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation. 23 ii) Wet Boring or Jetting. Wet boring or jetting shall not be permitted under the roadway. iii) Borings with Diameters Greater Than 6 Inches. Borings over six inches (0. 15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (25 mm). iv) Borings with Diameters 6 Inches or Less. Borings of six inches or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method. v) Tree Preservation. Any facility located within the drip line of any tree designated by the City to be preserved or protected shall be bored under or around the root system. 2) Trenching. Trenching for facility installation, repair, or maintenance on rights-of- way shall be done in accord with the applicable portions of Section 603 of IDOT's "Standard Specifications for Road and Bridge Construction." i) Len h. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe-line testing. Only one- half of any intersection may have an open trench at any time unless special permission is obtained from the City Engineer. ii) Open Trench and Excavated Material. Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the Illinois Manual on Uniform Traffic Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location. iii) Drip Line of Trees. The utility shall not trench within the drip line of any tree designated by the City to be preserved. 3) Backfilling. i) Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's "Standard Specifications for Road and Bridge Construction." When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used. ii) For a period of three years from the date construction of a facility is completed, the utility shall be responsible to remove and restore any backfilled area that has settled due to construction of the facility. If so 24 ordered by the Engineer, the utility, at its expense, shall remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore pavement, sidewalk, curbs, and driveways to the proper grades, as determined by the Engineer. 4) Pavement Cuts. Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this paragraph 4) is permitted under Section 21 , the following requirements shall apply: i) Any excavation under pavements shall be backfrlled and compacted as soon as practicable with granular material of CA-7 gradation, as designated by the Engineer. ii) Restoration of pavement, in kind, shall be accomplished as soon as practicable and at twice the amount of the existing pavement depth, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the City. iii) All saw cuts shall be full depth. iv) For all rights-of-way which have been reconstructed with a concrete surface/base in the last seven (7) years, or resurfaced in the last three (3) years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a M.L.I.E. locate. 5) Encasement. i) Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall be continuous either by one-piece fabrication or by welding or jointed installation approved by the City. ii) The venting, if any, of any encasement shall extend within one foot (0.3 m) of the right-of-way line. No above-ground vent pipes shall be located in the area established as clear zone for that particular section of the highway. iii) In the case of water main or service crossing, encasement shall be ftirnished between bore pits unless continuous pipe or City approved jointed pipe is used under the roadway. Casing may be omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the City. Bell and spigot type pipe shall be encased regardless of installation method. 25 iv) In the case of gas pipelines of 60 psig or less, encasement may be eliminated. v) In the case of gas pipelines or petroleum products pipelines with installations of more than 60 psig, encasement may be eliminated only if: (1) extra heavy pipe is used that precludes future maintenance or repair and (2) cathodic protection of the pipe is provided; vi) If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so as to provide that construction does not disrupt the right-of-way. 6) Minimum Cover of Underground Facilities. Cover shall be provided and maintained at least in the amount specified in the Yorkville Subdivision Control Ordinances No. 2000-2, as amended from time to time. B. Standards and Requirements for Particular Types of Facilities. 1) Electric Power or Communication Lines. i) Code Compliance. Electric power or communications facilities within City rights-of-way shall be constructed, operated, and maintained in conformity with the provisions of 83 Ill. Adm. Code Part 305 (formerly General Order 160 of the Illinois Commerce Commission) entitled "Rules for Construction of Electric Power and Communications Lines," and the National Electrical Safety Code. ii) Overhead Facilities. Overhead power or communication facilities shall use single pole construction and, where practicable, joint use of poles shall be used. Utilities shall make every reasonable effort to design the installation so guys and braces will not be needed. Variances may be allowed if there is no feasible alternative and if guy wires are equipped with guy guards for maximum visibility. iii) Underground Facilities. (1 ) Cable may be installed by trenching or plowing, provided that special consideration is given to boring in order to minimize damage when crossing improved entrances and side roads. (2) If a crossing is installed by boring or jacking, encasement shall be provided between jacking or bore pits. Encasement may be eliminated only if: (a) the crossing is installed by the use of "moles," "whip augers," or other approved method which compress the earth to make the opening for cable installation or (b) the installation is by the open trench method which is only permitted prior to roadway construction. (3) Cable shall be grounded in accordance with the National Electrical Safety Code. iv) Burial of Drops. All temporary service drops placed between November 1 of the prior year and March 15 of the current year, also known as 26 snowdrops, shall be buried by May 31 of the current year, weather permitting, unless otherwise permitted by the City. Weather permitting, utilities shall bury all temporary drops, excluding snowdrops, within ten (10) business days after placement. 2) Underground Facilities Other than Electric Power or Communication Lines. Underground facilities other than electric power or communication lines may be installed by: i) the use of "moles," "whip augers," or other approved methods which compress the earth to move the opening for the pipe; ii) jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway; iii) open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior to roadway construction; or iv) tunneling with vented encasement, but only if installation is not possible by other means. 3) Gas Transmission, Distribution and Service. Gas pipelines within rights-of-way shall be constructed, maintained, and operated in a City approved manner and in conformance with the Federal Code of the Office of Pipeline Safety Operations, Department of Transportation, Part 192 — Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards (49 CFR § 192), IDOT' s "Standard Specifications for Road and Bridge Construction," and all other applicable laws, rules, and regulations. 4) Petroleum Products Pipelines. Petroleum products pipelines within rights-of-way shall conform to the applicable sections of ANSI Standard Code for Pressure Piping. (Liquid Petroleum Transportation Piping Systems ANSI-B 31 .4). 5) Waterlines, Sanitary Sewer Lines, Storm Water Sewer Lines or Drainage Lines. Water lines, sanitary sewer lines, storm sewer lines, and drainage lines within rights-of-way shall meet or exceed the recommendations of the current "Standard Specifications for Water and Sewer Main Construction in Illinois" and "Yorkville's Standard Specifications for Improvements." 6) Ground Mounted Appurtenances. Ground mounted appurtenances to overhead or underground facilities, when permitted within a right-of-way, shall be provided with a vegetation-free area extending one foot (305 mm) in width beyond the appurtenance in all directions. The vegetation-free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material approved by the Engineer. With the approval of the Engineer, shrubbery surrounding the appurtenance may be used in place of vegetation-free area. The housing for ground-mounted appurtenances shall be painted a neutral color to blend with the surroundings. 27 C. Materials. 1) General Standards. The materials used in constructing facilities within rights-of- way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of IDOT's "Standards Specifications for Road and Bridge Construction," the requirements of the Illinois Commerce Commission, or the standards established by other official regulatory agencies for the appropriate industry. 2) Material Storage on Right-of-Way. No material shall be stored on the right-of- way without the prior written approval of the City Engineer. When such storage is permitted, all pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right-of-way prior to and during installation in a manner to minimize hazards to the public or an obstacle to right-of-way maintenance or damage to the right-of-way and other property. If material is to be stored on right-of-way, prior approval must be obtained from the City. 3) Hazardous Materials. The plans submitted by the utility to the City shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities. D. Operational Restrictions. 1 ) Construction operations on rights-of-way may, at the discretion of the City, be required to be discontinued when such operations would create hazards to traffic or the public health, safety, and welfare. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right-of-way or other property. 2) These restrictions may be waived by the Engineer when emergency work is required to restore vital utility services. 3) Unless otherwise permitted by the City, the hours of construction are those set forth in Chapter _ of this Code. E. Location of Existing Facilities. Any utility proposing to construct facilities in the City shall contact J.U.L.I.E. and ascertain the presence and location of existing above-ground and underground facilities within the rights-of-way to be occupied by its proposed facilities. The City will make its permit records available to a utility for the purpose of identifying possible facilities. When notified of an excavation or when requested by the City or by J.U.L.I.E., a utility shall locate and physically mark its underground facilities within 48 hours, excluding weekends and holidays, in accordance with the Illinois Underground Facilities Damage Prevention Act (220 ILCS 5011 et seq.) 1-1-17: VEGETATION CONTROL: A. Electric Utilities — Compliance with State Laws and Regulations. An electric utility shall conduct all tree-trimming and vegetation control activities in the right-of-way in accordance with 28 applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the City as permitted by law. B. Other Utilities — Tree Trimming Permit Required. Tree trimming that is done by any other utility with facilities in the right-of-way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this Chapter. 1) Application for Tree Trimming Permit. Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished. 2) Damage to Trees. Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The City will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The City may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition. C. Specimen Trees or Trees of Special Significance. The City may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means. D. Chemical Use. 1 ) Except as provided in the following paragraph, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the City for any purpose, including the control of growth, insects or disease. 2) Spraying of any type of brush-killing chemicals will not be permitted on rights-of- way unless the utility demonstrates to the satisfaction of the Engineer that such spraying is the only practicable method of vegetation control. 1-1-18: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY FACILITIES: A. Notice. Within ninety (90) days following written notice from the City, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within the rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any City improvement in or upon, or the operations of the City in or upon, the rights-of-way. 29 B. Removal of Unauthorized Facilities. Within thirty (30) days following written notice from the City, any utility that owns, controls, or maintains any unauthorized facility or related appurtenances within the rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the rights-of-way. A facility is unauthorized and subject to removal in the following circumstances: 1) Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by applicable law; 2) If the facility was constructed or installed without the prior grant of a license or franchise, if required; 3) If the facility was constructed or installed without prior issuance of a required permit in violation of this Chapter; or 4) If the facility was constructed or installed at a location not permitted by the permittee' s license or franchise. C. Emergency Removal or Relocation of Facilities. The City retains the right and privilege to cut or move any facilities located within the rights-of-way of the City, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility. D. Abandonment of Facilities. Upon abandonment of a facility within the rights-of-way of the City, the utility shall notify the City within ninety (90) days. Following receipt of such notice the City may direct the utility to remove all or any portion of the facility if the City Engineer determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the City does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the City, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. 1-1-19: CLEAN-UP AND RESTORATION: The utility shall submit a landscape restoration plan to the City Engineer for approval. The utility shall remove all excess material and restore all turf and terrain and other property within ten (10) days after any portion of the rights-of-way are disturbed, damaged or destroyed due to construction or maintenance by the utility, all to the satisfaction of the City Engineer. This includes restoration of entrances and side roads. Restoration of roadway surfaces shall be made using materials and methods approved by the City Engineer in the landscape restoration plan. Such cleanup and repair may be required to consist of backfilling, regrading, reseeding, resodding, or any other requirement to restore the right-of-way to a condition substantially equivalent to that which existed prior to the commencement of the project. The time period provided in this Section may be extended by the City Engineer for good cause shown. 1-1-20: MAINTENANCE AND EMERGENCY MAINTENANCE: 30 A. General. Facilities on, over, above, along, upon, under, across, or within rights-of-way are to be maintained by or for the utility in a manner satisfactory to the City and at the utility' s expense. B. Emergency Maintenance Procedures. Emergencies may justify non-compliance with normal procedures for securing a permit: 1) If an emergency creates a hazard on the traveled portion of the right-of-way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available. 2) In an emergency, the utility shall, as soon as possible, notify the City Engineer or his or her duly authorized agent of the emergency, informing him or her as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the City police shall be notified immediately. 3) In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public. C. Emergency Repairs. The utility must file in writing with the City a description of the repairs undertaken in the right-of-way within 48 hours after an emergency repair. 1-1-21 : VARIANCES: A. Request for Variance. A utility requesting a variance from one or more of the provisions of this Chapter must do so in writing to the City Engineer as a part of the permit application. The request shall identify each provision of this Chapter from which a variance is requested and the reasons why a variance should be granted. B. Authority to Grant Variances. The City Engineer shall decide whether a variance is authorized for each provision of this Chapter identified in the variance request on an individual basis. C. Conditions for Granting of Variance. The City Engineer may authorize a variance only if the utility requesting the variance has demonstrated that: 1 ) One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and 31 2) All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach. D. Additional Conditions for Granting of a Variance. As a condition for authorizing a variance, the City Engineer may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this Chapter but which carry out the purposes of this Chapter. E. Right to Appeal. Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the City Engineer under the provisions of this Chapter shall have the right to appeal to the City Council, or such other board or commission as it may designate. The application for appeal shall be submitted in writing to the City Clerk within 30 days after the date of such order, requirement, decision or determination. The City Council shall commence its consideration of the appeal at the Council's next regularly scheduled meeting occurring at least seven (7) days after the filing of the appeal. The City Council shall timely decide the appeal. 1-1-22: PENALTIES: Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this Chapter shall be subject to fine in accordance with the penalty provisions of this Code. There may be times when the City will incur delay or other costs, including third parry claims, because the utility will not or cannot perform its duties under its permit and this Chapter. Unless the utility shows that another allocation of the cost of undertaking the requested action is appropriate, the utility shall bear the City's costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility that is the subject of the permit. No other administrative agency or commission may review or overrule a permit related cost apportionment of the City. Sanctions may be imposed upon a utility that does not pay the costs apportioned to it. 1-1-23: ENFORCEMENT: Nothing in this Chapter shall be construed as limiting any additional or further remedies that the City may have for enforcement of this Chapter. 1-1-24: SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. 32 Section 3. Effective Date. This Ordinance shall take effect ten (10) days after its passage, approval and publication in pamphlet form. PASSED this _ day of 2007, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: ABSTAIN: APPROVED by me this _ day of 20_. Mayor of the United City of Yorkville Kendall County, Illinois ATTESTED, Filed in my office, and published in pamphlet form this day of , 20. Clerk of the United City of Yorkville, Kendall County, Illinois 33 ORDINANCE NO. AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AUTHORIZING A CABLEIVIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cable and Video Competition Law of 2007, Public Act 95-0009 (the "Act"); and WHEREAS, this Ordinance is intended to establish the service provider fee and the PEG access support fee the Act authorizes municipalities to impose on a holder under 220 ILCS 5/21 - 801 . NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville as follows: Section 1. Recitals. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2. Adoption of Fee. Title 12 of the Municipal Code of the United City of Yorkville shall be amended by the addition of Chapter 2 that will read as follows: CHAPTER 2 CABLENIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE 12-2-1: DEFINITIONS: As used in this Chapter, the following terms shall have the following meanings: "Cable service" means that tern as defined in 47 U.S.C. § 522(6). "Commission" means the Illinois Commerce Commission. "Gross revenues" means all consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder' s cable service or video service area within the City. (1 ) Gross revenues shall include the following: (i) Recurring charges for cable or video service. (ii) Event-based charges for cable service or video service, including, but not limited to, pay-per-view and video-on-demand charges. 1 (iii) Rental of set top boxes and other cable service or video service equipment. (iv) Service charges related to the provision of cable service or video service, including but not limited to activation, installation, and repair charges. (v) Administrative charges related to the provision of cable service or video service, including but not limited to service order and service termination charges. (vi) Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments. (vii) A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder' s network to provide cable service or video service within the City. The allocation shall be based on the number of subscribers in the City divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. (viii) Compensation received by the holder that is derived from the operation of the holder' s network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder's network, such as a "home shopping" or similar channel, subject to subsection (ix). (ix) In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the holder's revenue attributable to the other services, capabilities, or applications shall be included in the gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business. (x) The service provider fee permitted by 220 ILCS 5/21 -801 (b). (2) Gross revenues do not include any of the following: (i) Revenues not actually received, even if billed, such as bad debt, subject to 220ILCS 5/21 -801 (c)(1 )(vi). (ii) Refunds, discounts, or other price adjustments that reduce the amount of gross revenues received by the holder of the State-issued authorization to the extent the refund, rebate, credit, or discount is attributable to cable service or video service. (iii) Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunication services, information services, or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing or any other revenues 2 attributed by the holder to noncable service or nonvideo service in accordance with the holder's books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders. (iv) The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser's subscribers to the extent the purchaser certifies in writing that it will resell the service within the City and pay the fee permitted by 220 ILCS 5/21 -801 (b) with respect to the service. (v) Any tax or fee of general applicability imposed upon the subscribers or the transaction by a city, State, federal, or any other governmental entity and collected by the holder of the State-issued authorization and required to be remitted to the taxing entity, including sales and use taxes. (vi) Security deposits collected from subscribers. (vii) Amounts paid by subscribers to "home shopping" or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service. (3) Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by 220 ILCS 5/21 -801(b) which would otherwise be paid by the cable service or video service. "Holder" means a person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21 -401 . "PEG" means public, education and governmental "PEG access support fee" means the amount paid under this Article[Chapter] and 220 ILCS 5/21 -801 (d) by the holder to the City for the service areas within its territorial jurisdiction. "Service" means the provision of "cable service" or "video service" to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21 -401 . "Service provider fee" means the amount paid under this Article[Chapter] and 220 ILCS 5/21 - 801 by the holder to a City for the service areas within its territorial jurisdiction. "Video service" means video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Internet. 3 ` 12-2-2: CABLE/VIDEO SERVICE PROVIDER FEE IMPOSED: A. Fee Imposed. A fee is hereby imposed on any holder providing cable service or video service in the City. B. Amount of Fee. The amount of the fee imposed hereby shall be five percent (5%) of the holder's gross revenues. C. Notice to the City. The holder shall notify the City at least ten (10) days prior to the date on which the holder begins to offer cable service or video service in the City. D. Holder's Liability. The holder shall be liable for and pay the service provider fee to the City. The holder's liability for the fee shall commence on the first day of the calendar month following thirty (30) days after receipt of the ordinance adopting this Chapter by the holder. The ordinance adopting this Chapter shall be sent by mail, postage prepaid, to the address listed on the holder' s application notice sent pursuant to 220 ILCS 5/21 -401 (b)(6) to the City. E. Payment Date. The payment of the service provider fee shall be due on a quarterly basis, forty-five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee. F. Exemption. The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the City in which a fee is paid. G. Credit for Other Payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILCS 5/21 -301(c) with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes under Subsection B of this Section. 12-2-3: PEG ACCESS SUPPORT FEE IMPOSED: A. PEG Fee Imposed. A PEG access support fee is hereby imposed on any holder providing cable service or video service in the City in addition to the fee imposed pursuant to Section 2. B. Amount of Fee. The amount of the PEG access support fee imposed hereby shall be one percent (1 %) of the holder' s gross revenues or, if greater, the percentage of gross revenues that incumbent cable operators pay to the City or its designee for PEG access support in the City. C. Payment. The holder shall pay the PEG access support fee to the City or to the entity designated by the City to manage PEG access. The holder's liability for the PEG access support fee shall commence on the date set forth in Subsection D of Section 2. D. Payment Due. The payment of the PEG access support fee shall be due on a quarterly basis, forty-five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee. 4 ' E. Credit for Other Pam. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILCS 5/21 -301 (c) shall pay, at the time they would have been due, all monetary payments for PEG access that would have been due during the remaining term of the agreement had it not been terminated pursuant to that section. All payments made by an incumbent cable operator pursuant to the previous sentence may be credited against the fees that that operator owes under Section B of this Section. 12-2-4: APPLICABLE PRINCIPLES: All determinations and calculations under this Chapter shall be made pursuant to generally accepted accounting principles. 12-2-5: NO IMPACT ON OTHER TAXES DUE FROM HOLDER: Nothing contained in this Chapter shall be construed to exempt a holder from any tax that is or may later be imposed by the City, including any tax that is or may later be required to be paid by or through the holder with respect to cable service or video service. A State-issued authorization shall not affect any requirement of the holder with respect to payment of the City's simplified municipal telecommunications tax or any other tax as it applies to any telephone service provided by the holder. A State-issued authorization shall not affect any requirement of the holder with respect to payment of the local unit of government's 911 or E911 fees, taxes or charges. 12-2-6: AUDITS OF CABLE/VIDEO SERVICE PROVIDER: A. Audit Requirement. The City will notify the holder of the requirements it imposes on other cable service or video service providers to submit to an audit of its books and records. The holder shall comply with the same requirements the City imposes on other cable service or video service providers in its jurisdiction to audit the holder's books and records and to recompute any amounts determined to be payable under the requirements of the City. If all local franchises between the City and cable operator terminate, the audit requirements shall be those adopted by the City pursuant to the Local Government Taxpayers' Bill of Rights Act, 50 ILCS 45/1 et seq. No acceptance of amounts remitted should be construed as an accord that the amounts are correct. B. Additional Payments. Any additional amount due after an audit shall be paid within thirty (30) days after the City's submission of an invoice for the sum. 12-2-7: LATE FEES/PAYMENTS: All fees due and payments which are past due shall be governed by ordinances adopted by this City pursuant to the Local Government Taxpayers' Bill of Rights Act, 50 ILCS 45/1 et seq. Section 3. Severability. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid 5 provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. PASSED this day of 2007, pursuant to a roll call vote as follows: AYES: NAYES: ABSENT: ABSTAIN: APPROVED by me this day of 2007. Mayor of the United City of Yorkville Kendall County, Illinois. ATTESTED, Filed in my office, And published in pamphlet form This _ day of 2007. Clerk of the United City of Yorkville Kendall County, Illinois. 6 � C . ORDINANCE NO. AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AUTHORIZING A CABLE & VIDEO CUSTOMER PROTECTION LAW WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the Cable and Video Customer Protection Law (220 ILCS 5/70-501 ) authorizing a City to enforce all of the customer service and privacy protection standards of the Section; and WHEREAS, the City desires to enforce the customer service and privacy protection standards with respect to complaints received from residents as provided by the Cable and Video Customer Protection Law. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville as follows: Section 1. Recitals. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2. Adoption of Cable and Video Customer Protection Law 220 ILCS 5/70- 501. Title 12 of the Municipal Code of the City of the United City of Yorkville shall be amended by the addition of Chapter 3 that will read as follows: CHAPTER 3 CABLE AND VIDEO CUSTOMER PROTECTION LAW 12-3-1 : CUSTOMER SERVICE AND PRIVACY PROTECTION LAW. A. Adoption. The regulations of 220 ILCS 5/70-501 are hereby adopted by reference and made applicable to the cable or video providers offering services within the City's boundaries. B. Amendments. Any amendment to the Cable and Video Customer Protection Law that becomes effective after the effective date of this Chapter shall be incorporated into this Chapter by reference and shall be applicable to cable or video providers offering services within the municipality's boundaries. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Chapter by reference without formal action by the corporate authorities of the City. 1 12-3-2: ENFORCEMENT: The City does hereby pursuant to law declare its intent to enforce all of the customer service and privacy protection standards of the Cable and Video Protection Law with respect to complaints received from residents within the City. 12-3-3: PENALTIES: The City, pursuant to 220 ILCS 5/70-501 (r)(1), does hereby provide for a schedule of penalties for any material breach of the Cable and Video Protection Law by cable or video providers in addition to the penalties provided in the law. The monetary penalties shall apply on a competitively neutral basis and shall not exceed $750.00 for each day of the material breach, and shall not exceed $25,000.00 for each occurrence of a material breach per customer. (1 ) Material breach means any substantial failure of a cable or video provider to comply with service quality and other standards specified in any provision of the law. (2) The City shall give the cable or video provider written notice of any alleged material breaches of the law and allow such provider at least 30 days from the receipt of the notice to remedy the specified material breach. (3) A material breach, for the purposes of assessing penalties, shall be deemed to occur for each day that a material breach has not been remedied by the cable or video service provider after the notice in (2). 12-3-4: CUSTOMER CREDITS: The City hereby adopts the schedule of customer credits for violations. Those credits shall be as provided for in the provisions of 220 ILCS 5/70-501 (s) and applied on the statement issued to the customer for the next billing cycle following the violation or following the discovery of the violation. The cable or video provider is responsible for providing the credits and the customer is under no obligation to request the credit. Section 3. Severability. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. The provisions of this Ordinance as to incumbent cable operators take effect January 1 , 2008. 2 ADOPTED this day of 2007, pursuant to a roll call vote as follows: AYES: NAPES: ABSENT: ABSTENTION: APPROVED by me this day of 2007. Mayor of the United City of Yorkville Kendall County, Illinois. ATTESTED, Filed in my office, And published in pamphlet form This _ day of 2007. Clerk of the United City of Yorkville Kendall County, Illinois. 3 Reviewed By: Agenda Item Number Legal ❑ I ' Finance ❑ ESL , ` 1836 Engineer ❑ L City Administrator ❑ Tracking Number n �O Police ❑ <tE `�� Human Resources ❑ V' 'i` Public Works ❑ City Council Agenda Item Summary Memo Title: County Solid Waste Ordinance Discussion City Council/COW/Committee Agenda Date: COW—November 27, 2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: Committee of the Whole Esr. 1836 From: Bart Olson, Assistant City Administrator L .a ` CC: Brendan McLaughlin, City Administrator p` Date: November 21 , 2007 cE�V Subject: County Solid Waste Ordinance Discussion This agenda item was requested by Mayor Bard. I have attached a copy of a Beacon News article on the subject, at the Mayor's request. She has voiced her opinion on the County's Solid Waste Ordinance to the County Board, and would invite you to also voice your opinion (whether for or against) on the subject at this time. If there is consensus on the subject, we can present that to the County Board at their meeting on December 19th. Per conversation with Mayor Burd, Montgomery and Oswego will both be considering similar requests in the near future. WA,yy U3lys� Hezeldah evinence was processed at the state fo- yelled at him and he fled, Beck's mother d to Joliet, then went BrenettaBeck rensicslab.There were no signs offorced said. Ira factory in the 900 Hamilton entry, and a murder weapon has been Hamilton and Beck separated shortly Drive in Aurora. Of- found, police said. after she becamepregnantwith theirsec- ilton at the factory at then arrested on Halloween in Plain- Beck's family could notbe reachedfor end child. Beckwas an EastAuroragrad- ioluntarilygave state- field. comment Tuesday, but in the past they Bate who worked as a hospice nurse. Beck's body was found around 6:30 have said they believe Hamilton did not J that afternoon, but a.m. Oct. 30 by family members who want to make child-support payments. mhanley@scni.com n r Maym S a; ik ,l &endadl tv wazs e AopIn �R y.5 --- � Christine S, Mo "IthinkiCstimewe started F � Moyer t y pushing for some new i STAFF WRITER thought and new technolo- k _= YORKVILLE — Leaders gy" aT -- ofKendal[Countycommuni- LeClercg said hesupports ties are uniting and urging Hurd and is in favor of the - the County Board to review county reviewing its solid- its solid waste plan. waste plan. I t They hope that a second However, he called it pre- look will reveal ways to dis- matureforhimto supportthe pose of garbage without con- total elimination of landfills ¢ u structmgalandfill. in the county,because he said During the public com- hehasn'tstudied the alterna- ments portion of Tuesday's tives. County Board Meeting, Yor- LeClercg plans ondiscuss- kville Mayor Valerie Burd ink the issue at an Oswego xEttnsxexxtx / srectetTOTxsssncortNEws called the landfill process boardmeetingin the nearfu- very divisive." lure, . tan, Charlie Lobdell and Johnny Paulson watch trains travel through miniature She saidthe process pitted Michelini could not be road program Saturday at the DuPage County Historical Museum in Wheaton. The the city against the county reached for comment. and that it pitted "us against Lisbon Development LLC ourneighbors." and WasteManagementboth become h y Burd announced that she withdrew plans to operate I andtwolocalleaders—Brian landfills in Kendall County LeClereq, Oswego village earlierthisyear, butbothcan president, and Marilyn Mi- resubmit their applications. chelini, Montgomery village The county's Health and for most of its budget. Drastic cuts hit almost president—are encouraging Environment Committee is a, vicepresidenfofthemuseum's every DuPage County department under Schil- the board to consider scrap- slated to discuss potential ated it for the list. She hopes the lerstrom's budget. pinglandfills as an option for modification of the county's not be closed by the time the list If County Board members don't find a new handling solid waste. solid waste plan at a meeting . or the end of January. revenue source, officials will have to decide "There's got to be other op- Dec. 19. a e experienced what aivonderful what to do with the museum's 35,000 artifacts, tions," she said after the is for the county, and I can't fath- 10,000 photographs and more than 250 feet of meeting, cmoyer®scnLcom that one of the cuts (the county) archival material. make is to close the doors of the "We've got people out there begging and : said pleading for the county,to,look at options to 1 Im already was scraping by on a keep the doors open," Pezza said. Sandwich �O �1OIC� Idgetafterits county dollars were The County Board last weekvotedto put a Tear to $140,000 — a 50 percent quarter-cent public safety sales tax to a Feb. 5 irdC Chairman public referendum.' tax �C V y hearings wrings Ird Chairman Bob Schillerstrom, But Schillerstrom says the board will have e has proposed aplan for nextyear to approve a budget Nov. 30, and cuts will have ip away almost all funding from to be made for 2008 even if voters approve the vhich depends on county dollars tax hike. By Pat Wallis police officer to the force SPECIAL TO THE BEACON NEWS and another worker in the 0 C/py Reviewed By: Agenda Item Number J= T Legal ❑ Finance ❑ EST , ,\ 1836 Engineer ❑ 09 (� W City Administrator F1 Tracking Number =O Police ❑ LE `�� Human Resources Fl Public Works ❑ City Council Agenda Item Summary Memo Title: Collector Parking Ban City Council/COW/Committee Agenda Date: COW—November 27, 2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: `DER C1T/- ,� T Memorandum To: Committee of the Whole EST. , =`x1836 From: Brendan McLaughlin, City Administrator O ® Bart Olson, Assistant City Administrator p CC: Harold Martin, Police Chief Date: November 20, 2007 Subject: 24 Hour Collector Parking Ban This agenda item was requested by the Public Safety Committee. At the October Public Safety committee meeting, the committee discussed the merits of passing an overnight, residential parking ban, similar to the ban that was passed and subsequently rescinded a year ago. During the discussion, it was suggested that the City consider restricting parking on collector streets. The committee was concerned that some of the highly traveled roadways in the City don't restrict parking, and for safety and traffic flow purposes, the City should look at restricting parking on these roadways on a 24-hour, 7 days per week, basis. There is no specific proposal from the committee as far as including one classification of road vs. another, or administering a blanket ban vs. looking at each road on a case-by-case basis. A few weeks ago, City Administrator McLaughlin distributed a map in the "Administrator's Weekly" of all arterial, standard collector, major collector, and minor collector roads in the City. This map has been reproduced in this packet for your use in discussion. City Administrator's Recommendation Although there is no specific proposal from the committee, I would recommend the City Council to refrain from enacting a blanket ban on on-street parking on collector streets and instead look at each road on a case-by-case basis. Some of the minor collectors and standard collectors run through residential areas and some through commercial areas, some contain curb cuts for houses and some for commercial entrances. Each of these attributes needs to be looked at in the context of the surrounding area and the travel habits of travelers on the road in order to prevent unintended hardship. My experience in enacting parking restrictions has taught me that the restriction should be established to address a known specific problem and should be reviewed in the context of the specific location where the problem is occurring. W - .......... , o t / 0 jl I'•-'L j o B � �• ..mac--: - 3y : wFo =y ° ''7 I Cy o d d •I ............... _. �• _.._ i _ m 3 Af it 1 ; Ilk lSS r r ' a .°- - - 4.0 o j; - 5 Q V o h .9 n � V/ � •N- � IIII 4 � `QED c/py Reviewed By: Agenda Item Number 2 O J -n Legal ❑ LytC CeuNr_tL tfST trj Finance ❑ EST. , - 1836 - �` Engineer ❑ n City Administrator ❑ Tracking Number ys °ate O Police ❑ NmffiI County l E ``�? Human Resources El C0 w Public Works ❑ City Council Agenda Item Summary Memo Title: Senior Center Discussion City Council/COW/Committee Agenda Date: COW—November 27, 2007 Synopsis: See attached memo Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: Committee of the Whole EST `-, 1836 From: Bart Olson, Assistant City Administrator ® CC: Brendan McLaughlin, City Administrator O 9 p Date: November 21 , 2007 Subject: Senior Center Discussion CE This agenda item was requested by Alderwoman Spears. She would like to discuss planning, funding, and construction options for a Senior Center. I have included a copy of the Senior Center Space Needs Assessment, which was a section in the Municipal Facilities Master Plan, completed by Yas-Fischel Architects. Parks and Recreation- Senior Center D. Parks and Recreation- Senior Center Another option for the senior center is as a stand alone building. As such, it would be best utilized within the traditional city center. Building the senior center within or adjacent to senior housing would work quite well. In the stand atone senior center a locker room would be pro- vided. The following area summary and "ideal' spatial relationships diagram delineate this approach. Y m E N m W �• l0 N O M 0 00 O p O O M M O O O co M O O O O O m N X X X X X O O O O O O N N N N N 0 0 0 0 0 O O O O O LO U 75 U U V L L Y Y Y L L O O O 0 O h m N N n U U U T U E E 0 0 o �0 �0 Zm > d W ti 0 m O S` N Z O O a N O o N } E O O I I TYOOO 3 a . , YT 2T * O n a . E m .0 0 -0 a� �- rn m a 0a m i Nj N a) r . N M d' Q C O U m U p 0 t L LO p Z N Z o 0 b W Q C 0 U iL >. 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